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Current Issues

Mandatory Commercial Recycling regulation update

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This just in from CalRecycle:

 

Climate Change  

As you know, CalRecycle and the Air Resources Board (ARB) had intended to address the proposed Mandatory Commercial Recycling regulations at the ARB meeting on Oct. 20-21, 2011, where ARB was to hold a public hearing to consider adoption of the proposed regulations.

However, as a result of Assembly Bill (AB) 341 being signed into law by Governor Brown on Oct. 6, 2011, please be advised that this public hearing on the proposed regulations has been cancelled.

Instead, at the same Oct. 20-21 ARB meeting, CalRecycle and ARB will present an informational item on our collaborative efforts to date, the new direction resulting from enactment of AB 341, and CalRecycle's plans to implement AB 341's mandatory commercial recycling provision. This informational item also will include discussion of opportunities to expand recycling services and recycling manufacturing in California, and of future collaboration with ARB on other AB 32 Scoping Plan measures.

AB 341 provides authority to CalRecycle to implement the mandatory commercial recycling program, and as a result, the department will commence its own rulemaking to implement the statute. These regulations will reflect the statutory provisions and provide additional procedural clarifications.

Because of the extensive stakeholder input received at eight public workshops and numerous stakeholder meetings over the past two years, CalRecycle plans to initiate the formal rulemaking with a 45-day comment period beginning in early November and a subsequent public hearing. The exact timing will depend on our ability to submit a new regulatory package to the Office of Administrative Law (OAL) and receive its approval to begin the rulemaking.

We look forward to starting this rulemaking as quickly as possible and to receiving your continued input and support during the process, which will include additional public hearings and 15-day comment periods as needed. To stay updated on this, please be sure to sign up for our listserv and visit our web page at www.calrecycle.ca.gov/Climate/Recycling.

Once the final regulation is adopted by CalRecycle and approved by OAL, CalRecycle will provide guidance to jurisdictions and businesses in the form of frequently asked questions (FAQs), workshops, and consultations as needed. CalRecycle also will provide tools such as sample educational outreach materials developed in conjunction with the Institute for Local Government, as well as CalRecycle's Commercial Recycling Cost Calculator.

For more information, please contact CalRecycle's Mandatory Commercial Recycling Team at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

 

 


 Related Materials:

 

AB 1178 would prohibit local government from restricting the importation of solid waste based on place of origin

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Existing law authorizes a city or county to assess special fees of a reasonable amount on the importation of waste from outside of the county to publicly owned or privately owned facilities.  AB 1178 (Ma) would prohibit cities and counties from otherwise restricting or limiting in any way the importation of solid waste into that city or county based on place of origin.

The bill expressly adds that it does not do any of the following:
(A) Restrict a publicly owned solid waste facility from limiting or restricting its acceptance of solid waste from outside the jurisdiction of the public agency that owns the facility.  
(B) Require a privately owned solid waste facility or privately operated solid waste facility to accept solid waste from outside the city or county where the facility is located.  
(C) Prevent a city or county from exercising its land use authority, including making a zoning, permitting, or other land use determination.

You can find the full text of the bill at http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=ab_1178&sess=1112&house=B

 

AB 712 would deny money to local governments that restrict or prevent supermarket recycling centers

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AB 712 would prohibit the department from making any payments, grants, or loans to a local government that has adopted or is enforcing a land-use restriction that prevents the siting or operation of a certified recycling center at a supermarket site.

You can find the full text of the bill at http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=ab_712&sess=1112&house=B

 

AB 950 would deem independent drayage truck operators to be employees

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AB 950 would make drayage truck operators employees of those persons who arrange for or engage their services.  As a result, drayage truck drivers would be employees for purposes of state employment law, including, but not limited to, workers compensation, occupational safety and health, and retaliation or discrimination.

The bill defines a "drayage truck operator" as "the driver of, or any person, party, or entity that controls the operation of, any in-use on-road vehicle with a gross vehicle weight rating greater than 33,000 pounds operating on or transgressing through port or intermodal rail yard property for the purpose of loading, unloading, or transporting cargo, including containerized, bulk, or break-bulk goods."

The Journal of Commerce reports that the "classification of drayage truck drivers is a key issue in the effort by the Teamsters union to organize harbor truck drivers, not only in California but in ports across the nation...Drivers at most ports are classified as independent contractors, and by federal law unions cannot organize independent contractors. If classified as employees, however, the drivers could be organized."  You can read more about it at http://www.joc.com/government-regulation/assembly-decide-fate-drayage-trucker-classification.

You can find the full text of the bill at http://leginfo.ca.gov/cgi-bin/postquery?bill_number=ab_950&sess=1112&house=B&author=john_a._p%E9rez

 

SB 567 would specify when certain labels like "compostable" and "marine degradable" could be used in connection with plastic products.

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SB 567 (DeSaulnier) would specify when certain labels like "compostable" and "marine degradable" could be used in connection with plastic products.

Existing law prohibits a person from selling a plastic bag or a plastic food or beverage container that is labeled as "compostable" or "marine degradable" unless that plastic bag or container meets certain American Society for Testing and Materials (ASTM) standard specifications or a standard adopted by the Department of Resources Recycling and Recovery. Existing law also prohibits the sale of a plastic bag or plastic food or beverage container that is labeled as "biodegradable," "degradable," "decomposable," or as otherwise specified, and further provides for the imposition of a civil penalty for a violation of these prohibitions.

This bill would repeal those prohibitions and would instead prohibit the sale of a plastic product1 labeled as "compostable" or "marine degradable" unless it meets those ASTM standard specifications or a standard adopted by the department, or unless the plastic product is labeled with a qualified claim for which the department has adopted an existing standard, and the plastic product meets that standard. The bill would prohibit the sale of a plastic product that is labeled as "biodegradable," "degradable," "decomposable," or as otherwise specified, and would provide for the imposition of a civil penalty for a violation of those prohibitions.

You can find the full text of the bill at http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=sb_567&sess=1112&house=B

 


 

1 "Plastic product" means a product made of plastic, whether alone or in combination with other material, including, but not limited to, paperboard. A plastic product includes, but is not limited to, any of the following:

(1)  (A) A consumer product.
(B) For purposes of this paragraph, "consumer product" means a product or part of a product that is used, bought, or leased for use by a person for any purpose.
(2) A package or a packaging component.
(3) A bag, sack, wrap, or other thin plastic sheet film product.
(4) A food or beverage container or a container component, including, but not limited to, a straw, lid, or utensil.

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