AB 2139 - An Act to Add Chapter 5 (Commencing with Section 48800) to Part 7 of Division 30 of the Public Resources Code, Relating to Solid Waste.

Solid waste: product stewardship. 2009-2010 Legislature. View bill details
Author(s):
Summary:
The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, requires a pharmaceutical manufacturer that sells or distributes medication that is self-injected at home through the use of hypodermic needles and other similar devices to submit a plan to the department that describes how the manufacturer supports the safe collection and… More
The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, requires a pharmaceutical manufacturer that sells or distributes medication that is self-injected at home through the use of hypodermic needles and other similar devices to submit a plan to the department that describes how the manufacturer supports the safe collection and proper disposal of the waste devices.

This bill would create the California Product Stewardship Act and would require the department, by January 1, 2012, in consultation with specified state agencies, to submit a report to the Legislature recommending that one or more consumer products be included as a covered product for purposes of the act.

The bill would require a producer of a covered product, one year after the effective date of a statute designating a product as a covered product, or the product stewardship organization created by one or more producers of that covered product to act as an agent on their behalf, to submit a product stewardship plan to the department, which would be required to include specified elements, including performance goals, a collection rate, and product goals. The department would be required to review and either deem the product stewardship plan submitted to the department as complete or incomplete, within 45 days after receiving the plan.

The bill would prohibit the producer of a covered product from selling a covered product 6 months after the plan is deemed complete unless the producer or product stewardship organization of the covered product has submitted a plan to the department that is deemed complete by the department. The bill would require the department, 6 months after a plan is deemed complete, and on January 1 and July 1 annually thereafter, to post on its Internet Web site the covered products that are not in compliance and the bill would require a wholesaler or retailer that distributes or sells covered products to monitor the department’s Internet Web site to determine if a covered product is in compliance. The act would require a producer of a covered product to collect the covered product pursuant to the product stewardship plan and to meet the performance goals included in the product stewardship plan. The bill would provide that a product stewardship program is in compliance with the act only if it achieves the collection rate specified in the product stewardship plan.

Each producer or product stewardship organization implementing a product stewardship plan would be required to prepare and submit to the department an annual report describing the activities carried out pursuant to the product stewardship plan.

A producer or product stewardship organization submitting a product stewardship plan would be required to pay the department an annual fee that would be set by the department. The bill would provide for the imposition of administrative civil penalties upon a producer who does not comply with the act’s requirements. The bill would create in the existing Integrated Waste Management Fund the Product Stewardship Account and would require that the administrative fees be deposited into that account and that the penalties be deposited into the Product Stewardship Penalty Subaccount that the bill would create in that account. The bill would authorize the fees and penalties to be expended, upon appropriation by the Legislature, to cover the board’s program implementation costs and as incentives to enhance recyclability and redesign efforts and to reduce environmental and safety impacts of covered products. Hide
 
Status:
The bill was voted on by the Assembly on June 3, 2010. 
Assembly Vote: On Passage

DID NOT PASS on June 3, 2010.

voted YES: 30 voted NO: 31
18 voted present/not voting

Other Votes:

An Act to Add Chapter 5 (Commencing with Section 48800) to Part 7 of Division 30 of the Public Resources Code, Relating to Solid Waste.

AB 2139 — 2009-2010 Legislature

Summary
The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, requires a pharmaceutical manufacturer that sells or distributes medication that is self-injected at home through the use of hypodermic needles and other similar devices to submit a plan to the department that describes how the manufacturer supports the safe collection and proper disposal of the waste devices.

This bill would create the California Product Stewardship Act and would require the department, by January 1, 2012, in consultation with specified state agencies, to submit a report to the Legislature recommending that one or more consumer products be included as a covered product for purposes of the act.

The bill would require a producer of a covered product, one year after the effective date of a statute designating a product as a covered product, or the product stewardship organization created by one or more producers of that covered product to act as an agent on their behalf, to submit a product stewardship plan to the department, which would be required to include specified elements, including performance goals, a… More
The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, requires a pharmaceutical manufacturer that sells or distributes medication that is self-injected at home through the use of hypodermic needles and other similar devices to submit a plan to the department that describes how the manufacturer supports the safe collection and proper disposal of the waste devices.

This bill would create the California Product Stewardship Act and would require the department, by January 1, 2012, in consultation with specified state agencies, to submit a report to the Legislature recommending that one or more consumer products be included as a covered product for purposes of the act.

The bill would require a producer of a covered product, one year after the effective date of a statute designating a product as a covered product, or the product stewardship organization created by one or more producers of that covered product to act as an agent on their behalf, to submit a product stewardship plan to the department, which would be required to include specified elements, including performance goals, a collection rate, and product goals. The department would be required to review and either deem the product stewardship plan submitted to the department as complete or incomplete, within 45 days after receiving the plan.

The bill would prohibit the producer of a covered product from selling a covered product 6 months after the plan is deemed complete unless the producer or product stewardship organization of the covered product has submitted a plan to the department that is deemed complete by the department. The bill would require the department, 6 months after a plan is deemed complete, and on January 1 and July 1 annually thereafter, to post on its Internet Web site the covered products that are not in compliance and the bill would require a wholesaler or retailer that distributes or sells covered products to monitor the department’s Internet Web site to determine if a covered product is in compliance. The act would require a producer of a covered product to collect the covered product pursuant to the product stewardship plan and to meet the performance goals included in the product stewardship plan. The bill would provide that a product stewardship program is in compliance with the act only if it achieves the collection rate specified in the product stewardship plan.

Each producer or product stewardship organization implementing a product stewardship plan would be required to prepare and submit to the department an annual report describing the activities carried out pursuant to the product stewardship plan.

A producer or product stewardship organization submitting a product stewardship plan would be required to pay the department an annual fee that would be set by the department. The bill would provide for the imposition of administrative civil penalties upon a producer who does not comply with the act’s requirements. The bill would create in the existing Integrated Waste Management Fund the Product Stewardship Account and would require that the administrative fees be deposited into that account and that the penalties be deposited into the Product Stewardship Penalty Subaccount that the bill would create in that account. The bill would authorize the fees and penalties to be expended, upon appropriation by the Legislature, to cover the board’s program implementation costs and as incentives to enhance recyclability and redesign efforts and to reduce environmental and safety impacts of covered products. Hide
Learn More
At LegInfo.ca.gov
Title
An Act to Add Chapter 5 (Commencing with Section 48800) to Part 7 of Division 30 of the Public Resources Code, Relating to Solid Waste.
Author(s)
Wesley Chesbro
Co-Authors
    Subjects
    • Solid waste: product stewardship
    Major Actions
    Introduced2/18/2010
    Referred to Committee
    Passed Assembly Committee on Environmental Safety and Toxic Materials4/13/2010
    Passed Assembly Committee on Natural Resources4/19/2010
    Passed Assembly Committee on Appropriations5/28/2010
    Failed passage in Assembly6/03/2010
    Bill History
    Chamber/CommitteeMotionDateResult
    select this voteAssembly Committee on Environmental Safety and Toxic MaterialsDo pass and be re-referred to the Committee on Natural Resources.4/13/2010This motion PASSED the Assembly Committee on Environmental Safety and Toxic Materials
    6 voted YES 3 voted NO 0 voted present/not voting
    select this voteAssembly Committee on Natural ResourcesDo pass and be re-referred to the Committee on Appropriations.4/19/2010This motion PASSED the Assembly Committee on Natural Resources
    6 voted YES 3 voted NO 0 voted present/not voting
    select this voteAssembly Committee on AppropriationsDo pass as amended.5/28/2010This motion PASSED the Assembly Committee on Appropriations
    12 voted YES 5 voted NO 0 voted present/not voting
    currently selectedAssemblyAB 2139 CHESBRO Assembly Third Reading6/03/2010This bill DID NOT PASS the Assembly
    30 voted YES 31 voted NO 18 voted present/not voting
    ActionDateDescription
    Introduced2/18/2010
    2/18/2010Read first time. To print.
    2/19/2010From printer. May be heard in committee March 21.
    3/11/2010Referred to Coms. on NAT. RES. and E.S. & T.M.
    4/06/2010From committee chair, with author's amendments: Amend, and re-refer to Com. on NAT. RES. Read second time and amended.
    4/07/2010Re-referred to Com. on NAT. RES.
    4/08/2010Re-referred to Com. on E.S. & T.M. by unanimous consent, and then be re-referred to Com. on NAT. RES.
    select this voteVote4/13/2010Do pass and be re-referred to the Committee on Natural Resources.
    4/14/2010From committee: Do pass, and re-refer to Com. on NAT. RES. Re-referred. (Ayes 6. Noes 3.) (April 13).
    select this voteVote4/19/2010Do pass and be re-referred to the Committee on Appropriations.
    4/20/2010From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 6. Noes 3.) (April 19).
    5/05/2010In committee: Set, first hearing. Referred to APPR. suspense file.
    select this voteVote5/28/2010Do pass as amended.
    6/01/2010From committee: Amend, and do pass as amended. (Ayes 12. Noes 5.) (April 7). Read second time and amended. Ordered returned to second reading.
    6/02/2010Read second time. To third reading.
    6/03/2010Read third time, passage refused. (Ayes 30. Noes 31. Page 5589.)
    currently selectedAssembly Vote on Passage6/03/2010AB 2139 CHESBRO Assembly Third Reading

    MapLight did not identify any interest groups that took a position on this vote.
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    0 Organizations Supported and 0 Opposed

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    An Act to Add Chapter 5 (Commencing with Section 48800) to Part 7 of Division 30 of the Public Resources Code, Relating to Solid Waste.: AB 2139 CHESBRO Assembly Third Reading

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    Includes reported contributions to campaigns of Assemblymembers in office on day of vote, from interest groups invested in the vote according to MapLight, January 1, 2009 – December 31, 2010.
    Contributions data source: FollowTheMoney.org

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    NamePartyDistrict$ From Interest Groups
    That Supported
    $ From Interest Groups
    That Opposed
    Vote
    Anthony AdamsRCA-59$0$0No
    Tom AmmianoDCA-13$0$0Yes
    Joel AndersonRCA-77$0$0No
    Juan ArambulaICA-31$0$0Yes
    Karen BassDCA-47$0$0Yes
    Jim BeallDCA-24$0$0Yes
    Bill BerryhillRCA-26$0$0No
    Tom BerryhillRCA-25$0$0Not Voting
    Sam BlakesleeRCA-33$0$0No
    Marty BlockDCA-78$0$0Not Voting
    Bob BlumenfieldDCA-40$0$0Yes
    Steven BradfordDCA-51$0$0Yes
    Julia BrownleyDCA-41$0$0Yes
    Joan BuchananDCA-15$0$0Not Voting
    Anna CaballeroDCA-28$0$0No
    Charles CalderonDCA-58$0$0Yes
    Wilmer Amina CarterDCA-62$0$0Yes
    Wesley ChesbroDCA-1$0$0Yes
    Connie ConwayRCA-34$0$0No
    Paul CookRCA-65$0$0No
    Joe CotoDCA-23$0$0Not Voting
    Mike DavisDCA-48$0$0Yes
    Hector De La TorreDCA-50$0$0Yes
    Kevin De LeonDCA-45$0$0Not Voting
    Chuck DeVoreRCA-70$0$0No
    Bill EmmersonRCA-63$0$0No
    Mike EngDCA-49$0$0Yes
    Noreen EvansDCA-7$0$0Yes
    Mike FeuerDCA-42$0$0Yes
    Nathan FletcherRCA-75$0$0No
    Paul FongDCA-22$0$0Not Voting
    Felipe FuentesDCA-39$0$0Yes
    Jean FullerRCA-32$0$0No
    Warren FurutaniDCA-55$0$0Not Voting
    Ted GainesRCA-4$0$0No
    Cathleen GalgianiDCA-17$0$0No
    Martin GarrickRCA-74$0$0No
    Danny GilmoreRCA-30$0$0No
    Curt HagmanRCA-60$0$0No
    Isadore HallDCA-52$0$0Not Voting
    Diane HarkeyRCA-73$0$0No
    Mary HayashiDCA-18$0$0No
    Ed HernandezDCA-57$0$0Not Voting
    Jerry HillDCA-19$0$0No
    Alyson HuberDCA-10$0$0Not Voting
    Jared HuffmanDCA-6$0$0Yes
    Kevin JeffriesRCA-66$0$0No
    Dave JonesDCA-9$0$0Yes
    Steve KnightRCA-36$0$0No
    Ted LieuDCA-53$0$0Yes
    Dan LogueRCA-3$0$0No
    Bonnie LowenthalDCA-54$0$0Yes
    Fiona MaDCA-12$0$0Not Voting
    Tony MendozaDCA-56$0$0Not Voting
    Jeff MillerRCA-71$0$0No
    Bill MonningDCA-27$0$0Yes
    Pedro NavaDCA-35$0$0Yes
    Brian NestandeRCA-64$0$0No
    Roger NielloRCA-5$0$0No
    Jim NielsenRCA-2$0$0No
    Chris NorbyRCA-72$0$0No
    John PerezDCA-46$0$0Yes
    Manuel PerezDCA-80$0$0Not Voting
    Anthony PortantinoDCA-44$0$0Yes
    Ira RuskinDCA-21$0$0Yes
    Mary SalasDCA-79$0$0Not Voting
    Lori SaldanaDCA-76$0$0Yes
    Jim SilvaRCA-67$0$0No
    Nancy SkinnerDCA-14$0$0Yes
    Cameron SmythRCA-38$0$0No
    Jose SolorioDCA-69$0$0Not Voting
    Audra StricklandRCA-37$0$0Not Voting
    Sandre SwansonDCA-16$0$0Not Voting
    Tom TorlaksonDCA-11$0$0Yes
    Norma TorresDCA-61$0$0Not Voting
    Alberto TorricoDCA-20$0$0Yes
    Van TranRCA-68$0$0No
    Mike VillinesRCA-29$0$0No
    Mariko YamadaDCA-8$0$0Yes

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