California 2009-2010 Regular Session Status: Enacted

AB 2398 — Product stewardship: carpet.

Last action — Chaptered by Secretary of State - Chapter 681, Statutes of 2010.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 19, 2010. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 8 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

(1) The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, is required to reduce, recycle, and reuse solid waste generated in the state to the maximum extent feasible in an efficient cost-effective manner to conserve water, energy, and other natural resources. The bill would require, by September 30, 2011, a manufacturer of carpets sold in this state, individually or through a carpet stewardship organization, to submit a carpet stewardship plan to the department, which would be required to include specified elements, including a funding mechanism that provides sufficient funding to carry out the plan, including administrative, operational, and capital costs of the plan, the payment of fees, and incentive payments. The bill would require the funding mechanism to establish and provide for, on and after January 1, 2013, a carpet stewardship assessment to be added to the purchase price of carpet sold in the state by a manufacturer to a California retailer or wholesaler or otherwise sold for use in the state and would require each retailer and wholesaler to add the assessment to the purchase price of all carpet sold in the state. The bill would require, until April 1, 2015, the Carpet America Recovery Effort (CARE) , a 3rd-party nonprofit carpet stewardship organization, to serve as the carpet stewardship organization and would allow, on and after April 1, 2015, a carpet stewardship organization appointed by one or more manufacturers, to submit a plan. The bill would require, as of July 1, 2011, until January 1, 2013, a manufacturer of carpet to add an assessment of $0.05 per square yard upon the purchase price of all carpet sold in the state by that manufacturer. The bill would require the assessment to be remitted on a quarterly basis, as appropriate, to CARE or would allow the manufacturer to retain that assessment. The bill would require these revenues to be spent by CARE or by an individual manufacturer, prior to approval of its carpet stewardship plan, only to implement early action measures that are consistent to achieve measurable improvements in the landfill diversion and recycling of postconsumer carpet. The department would be required to, among other things, within 60 days after the department receives a plan, review and determine whether the plan complies with the bill's requirements and notify the submitter of its decision. The bill would specify that any plan not approved by March 31, 2012, is out of compliance until determined to be complete by the department. The bill would provide that a manufacturer, wholesaler, or retailer, on and after April 1, 2012, that offers carpet for sale or promotional purposes without an approved plan for that carpet is not in compliance with the act's requirements. The bill would require the department, by July 1, 2012, and not later than January 1 and July 1 annually thereafter, to post a notice on its Internet Web site listing manufacturers that are in compliance with the bill's requirements. The bill would require a wholesaler or retailer that distributes or sells carpets to monitor the department's Internet Web site to determine if the sale of a manufacturer's carpet is in compliance. The act would also require the carpet stewardship organization to demonstrate to the department that it has achieved continuous meaningful improvement in the rates of recycling and diversion and other specified goals in order to be in compliance. Each manufacturer of carpet sold in the state, individually or through a carpet stewardship organization, would be required to prepare and submit to the department an annual report describing the activities carried out pursuant to the carpet stewardship plan. A manufacturer or carpet stewardship organization submitting a carpet stewardship plan would be required to pay the department an annual administrative fee, as determined by the department. The bill would also require the department to identify the direct development or regulatory costs incurred by the department prior to the submittal of carpet stewardship plans and to establish a fee in an amount adequate to cover those costs, that would be required to be paid by a carpet stewardship organization that submits a carpet stewardship plan. The bill would provide for the imposition of administrative civil penalties upon a person who violates the bill and would provide that a plan submitter whose plan is not approved by the department by March 31, 2012, is subject to those penalties until the plan is approved. The bill would establish the Carpet Stewardship Account in the Integrated Waste Management Fund and would require the fees collected by the department to be deposited in that account, for expenditure by the department, upon appropriation by the Legislature, to cover the department's cost to implement the bill's provisions. The bill would also establish the Carpet Stewardship Penalty Subaccount in the Integrated Waste Management Fund and would require that the civil penalties collected by the department pursuant to the bill's provisions be deposited in that subaccount, for expenditure by the department, upon appropriation by the Legislature, to cover the department's costs to implement the bill's provisions. The bill would require the department and the Department of General Services to complete a study, by January 1, 2014, that examines the specifications for carpet purchases by the state, as provided in the NSF/ANSI 140-2007 Standard, Platinum Level, and to submit the study to the Governor and the Legislature, including recommendations for any appropriate changes to that standard. The bill would provide that certain actions of a carpet stewardship organization or its members are not violations of the Cartwright Act or certain provisions regulating unfair business practices or unfair competition. The bill would require the Department of General Services to revise relevant procurement rules to ensure that postconsumer carpet that is removed from state buildings is managed in a manner consistent with the purposes of the bill. (2) Existing law requires the Department of Toxic Substances Control to adopt regulations to establish a process to identify and prioritize chemicals or chemical ingredients in consumer products that may be considered as being a chemical of concern, as prescribed, and to establish a process for evaluating chemicals of concern in consumer products, and their potential alternatives, to determine how best to limit exposure or to reduce the level of hazard posed by a chemical of concern. This bill would require the Department of Toxic Substances Control to fully consider the measures taken by the carpet industry pursuant to the program established by the bill, and the results of those measures, when considering whether to include carpet in the product registry adopted under those provisions or to otherwise regulate carpet pursuant to those provisions.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 681, Statutes of 2010.

  2. Approved by the Governor.

  3. Enrolled and to the Governor at 4:45 p.m.

  4. Senate amendments concurred in. To enrollment. (Ayes 49. Noes 27. Page 6979.)

  5. In Assembly. Concurrence in Senate amendments pending.

  6. Read third time, passed, and to Assembly. (Ayes 23. Noes 12. Page 5086.)

  7. Ordered to third reading.

  8. Withdrawn from committee.

  9. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on RLS.

  10. (Ayes 21. Noes 11. Page 4960.)

  11. Senate Rule 29.3(b) suspended.

  12. Re-referred to Com. on RLS.

  13. Read second time. To third reading.

  14. Read third time, amended. To second reading.

  15. Read second time and amended. Ordered to third reading.

  16. From committee: Amend, and do pass as amended. (Ayes 7. Noes 4.) (August 12).

  17. In committee: Set, first hearing. Referred to APPR suspense file.

  18. In committee: Set, first hearing. Hearing canceled at the request of author.

  19. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 5. Noes 2.) (June 28).

  20. (Corrected June 30.)

  21. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on EQ.

  22. Referred to Com. on EQ.

  23. In Senate. Read first time. To Com. on RLS. for assignment.

  24. Read third time, passed, and to Senate. (Ayes 49. Noes 27. Page 5482.)

  25. Read second time. To third reading.

  26. Read second time and amended. Ordered returned to second reading.

  27. From committee: Amend, and do pass as amended. (Ayes 12. Noes 5.) (May 28).

  28. In committee: Set, first hearing. Referred to APPR. suspense file.

  29. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 6. Noes 3.) (April 19).

  30. Re-referred to Com. on NAT. RES.

  31. From committee chair, with author's amendments: Amend, and re-refer to Com. on NAT. RES. Read second time and amended.

  32. In committee: Set, first hearing. Hearing canceled at the request of author.

  33. Referred to Com. on NAT. RES.

  34. Read first time.

  35. From printer. May be heard in committee March 23.

  36. Introduced. To print.

Sponsors

  • John A. Perez · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 4 voted No

Sponsors (1)

  • John A. Perez

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Assembly 3rd Reading AB2398 John A. Perez

Passed 24 Yea · 12 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 221104
Democratic 2000
Republican 0100
Total 241204
% of votes cast 60%30%0%10%
How each member voted (40)
Member Party Vote
Yee — Yea
Cedillo — Yea
Hancock — Yea
Kehoe — Yea
Lowenthal — Yea
Negrete — Yea
Blakeslee — Yea
Corbett — Yea
Ducheny — Yea
Leno — Yea
Liu — Yea
McLeod — Yea
Price — Yea
Wyland — Nay
Runner — Nay
Cogdill — Nay
Correa — Not Voting
Dutton — Nay
Harman — Nay
Hollingsworth — Nay
Ashburn — Nay
Huff — Nay
Oropeza — Not Voting
Simitian — Yea
Steinberg — Yea
Wiggins — Not Voting
Wolk — Yea
Aanestad — Not Voting
Alquist — Yea
Pavley — Yea
Romero — Yea
Walters — Nay
Wright — Yea
Emmerson — Nay
DeSaulnier — Yea
Denham — Nay
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

AB 2398 PEREZ, J. Concurrence in Senate Amendments

Passed 56 Yea · 29 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 522804
Democratic 3000
Republican 1101
Total 562905
% of votes cast 62%32%0%6%
How each member voted (90)
Member Party Vote
Hall — Yea
Carter — Yea
Eng — Yea
Chesbro — Yea
Coto — Yea
Feuer — Yea
Fuentes — Yea
Furutani — Yea
Gatto — Yea
Charles — Yea
Hernandez — Yea
Hill — Yea
Huffman — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Bass — Yea
Beall — Yea
Davis — Yea
Lieu — Yea
Ma — Yea
Monning — Yea
Nava — Yea
Ruskin — Yea
Skinner — Yea
Swanson — Yea
Torlakson — Yea
John — Yea
A. — Yea
Perez — Yea
Conway — Nay
Bill — Nay
Tom — Nay
Fletcher — Nay
V. — Not Voting
Manuel — Not Voting
Perez — Not Voting
Audra — Not Voting
Cook — Nay
Garrick — Nay
Gilmore — Nay
Hagman — Nay
Harkey — Nay
Jeffries — Nay
Adams — Nay
Anderson — Nay
Knight — Nay
Logue — Nay
Miller — Nay
Nestande — Nay
Norby — Nay
Smyth — Nay
Torres — Yea
Torrico — Yea
Villines — Nay
Ammiano — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Nay
Mendoza — Yea
Nielsen — Nay
Silva — Nay
Solorio — Yea
Tran — Nay
Evans — Yea
DeVore — Nay
Yamada — Yea
Fuller — Nay
Galgiani — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Nay
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Not Voting

Official roll call →

Do pass as amended.

Passed 7 Yea · 4 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7400
Total 7400
% of votes cast 64%36%0%0%
How each member voted (11)
Member Party Vote
Yee — Yea
Corbett — Yea
Leno — Yea
Ashburn — Nay
Wolk — Yea
Alquist — Yea
Kehoe — Yea
Price — Yea
Walters — Nay
Wyland — Nay
Emmerson — Nay

Official roll call →

Placed on Appropriations Suspense file.

Passed 10 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 10001
Total 10001
% of votes cast 91%0%0%9%
How each member voted (11)
Member Party Vote
Yee — Yea
Alquist — Yea
Leno — Yea
Ashburn — Yea
Kehoe — Yea
Price — Yea
Walters — Not Voting
Wolk — Yea
Wyland — Yea
Corbett — Yea
Emmerson — Yea

Official roll call →

AB 2398 PEREZ, J. Assembly Third Reading

Passed 58 Yea · 28 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 542704
Republican 1101
Democratic 3000
Total 582805
% of votes cast 64%31%0%5%
How each member voted (91)
Member Party Vote
Tom — Not Voting
Audra — Not Voting
Hagman — Nay
Jeffries — Nay
Lieu — Not Voting
Miller — Nay
Nestande — Nay
Norby — Nay
Silva — Nay
Smyth — Nay
Villines — Nay
Carter — Yea
Chesbro — Yea
Conway — Nay
Eng — Yea
Evans — Yea
Fuentes — Yea
Charles — Yea
Fuller — Nay
Galgiani — Yea
Garrick — Nay
Hall — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Yamada — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
John — Yea
A. — Yea
Perez — Yea
Cook — Nay
Coto — Yea
Bill — Nay
Hayashi — Yea
Hernandez — Yea
Huber — Yea
Huffman — Yea
Fletcher — Nay
Ammiano — Yea
Bass — Yea
Beall — Yea
Davis — Yea
DeVore — Nay
Mendoza — Yea
Nava — Yea
Ruskin — Yea
Swanson — Yea
Torres — Yea
Torrico — Yea
Adams — Nay
Anderson — Nay
Blakeslee — Nay
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Nay
Hill — Yea
Knight — Nay
Logue — Nay
Ma — Yea
Monning — Yea
Nielsen — Nay
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Tran — Nay
Emmerson — Nay
Feuer — Yea
Furutani — Yea
Gilmore — Nay
Beth Gaines — Nay
Bill Berryhill — Not Voting
Bill Berryhill — Nay
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Not Voting

Official roll call →

Do pass as amended.

Passed 13 Yea · 5 Nay
Party YeaNayPresentNot Voting
Unaffiliated 12500
Democratic 1000
Total 13500
% of votes cast 72%28%0%0%
How each member voted (18)
Member Party Vote
Conway — Nay
Charles — Yea
Harkey — Nay
Coto — Yea
Monning — Yea
Norby — Nay
Ruskin — Yea
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Ammiano — Yea
Bradford — Yea
Miller — Nay
Nielsen — Nay
Torrico — Yea
Davis — Yea
Fuentes — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

environment agriculture
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Frequently asked questions

What does AB 2398 do?
(1) The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, is required to reduce, recycle, and reuse solid waste generated in the state to the maximum extent feasible in an efficient cost-effective manner to conserve water, energy, and other natural resources. The bill would require, by September 30, 2011, a manufacturer of carpets sold in this state, individually or through a carpet stewardship organization, to submit a carpet stewardship plan to the department, which would be required to include specified elements, including a funding mechanism that provides sufficient funding to carry out the plan, including administrative, operational, and capital costs of the plan, the payment of fees, and incentive payments. The bill would require the funding mechanism to establish and provide for, on and after January 1, 2013, a carpet stewardship assessment to be added to the purchase price of carpet sold in the state by a manufacturer to a California retailer or wholesaler or otherwise sold for use in the state and would require each retailer and wholesaler to add the assessment to the purchase price of all carpet sold in the state. The bill would require, until April 1, 2015, the Carpet America Recovery Effort (CARE) , a 3rd-party nonprofit carpet stewardship organization, to serve as the carpet stewardship organization and would allow, on and after April 1, 2015, a carpet stewardship organization appointed by one or more manufacturers, to submit a plan. The bill would require, as of July 1, 2011, until January 1, 2013, a manufacturer of carpet to add an assessment of $0.05 per square yard upon the purchase price of all carpet sold in the state by that manufacturer. The bill would require the assessment to be remitted on a quarterly basis, as appropriate, to CARE or would allow the manufacturer to retain that assessment. The bill would require these revenues to be spent by CARE or by an individual manufacturer, prior to approval of its carpet stewardship plan, only to implement early action measures that are consistent to achieve measurable improvements in the landfill diversion and recycling of postconsumer carpet. The department would be required to, among other things, within 60 days after the department receives a plan, review and determine whether the plan complies with the bill's requirements and notify the submitter of its decision. The bill would specify that any plan not approved by March 31, 2012, is out of compliance until determined to be complete by the department. The bill would provide that a manufacturer, wholesaler, or retailer, on and after April 1, 2012, that offers carpet for sale or promotional purposes without an approved plan for that carpet is not in compliance with the act's requirements. The bill would require the department, by July 1, 2012, and not later than January 1 and July 1 annually thereafter, to post a notice on its Internet Web site listing manufacturers that are in compliance with the bill's requirements. The bill would require a wholesaler or retailer that distributes or sells carpets to monitor the department's Internet Web site to determine if the sale of a manufacturer's carpet is in compliance. The act would also require the carpet stewardship organization to demonstrate to the department that it has achieved continuous meaningful improvement in the rates of recycling and diversion and other specified goals in order to be in compliance. Each manufacturer of carpet sold in the state, individually or through a carpet stewardship organization, would be required to prepare and submit to the department an annual report describing the activities carried out pursuant to the carpet stewardship plan. A manufacturer or carpet stewardship organization submitting a carpet stewardship plan would be required to pay the department an annual administrative fee, as determined by the department. The bill would also require the department to identify the direct development or regulatory costs incurred by the department prior to the submittal of carpet stewardship plans and to establish a fee in an amount adequate to cover those costs, that would be required to be paid by a carpet stewardship organization that submits a carpet stewardship plan. The bill would provide for the imposition of administrative civil penalties upon a person who violates the bill and would provide that a plan submitter whose plan is not approved by the department by March 31, 2012, is subject to those penalties until the plan is approved. The bill would establish the Carpet Stewardship Account in the Integrated Waste Management Fund and would require the fees collected by the department to be deposited in that account, for expenditure by the department, upon appropriation by the Legislature, to cover the department's cost to implement the bill's provisions. The bill would also establish the Carpet Stewardship Penalty Subaccount in the Integrated Waste Management Fund and would require that the civil penalties collected by the department pursuant to the bill's provisions be deposited in that subaccount, for expenditure by the department, upon appropriation by the Legislature, to cover the department's costs to implement the bill's provisions. The bill would require the department and the Department of General Services to complete a study, by January 1, 2014, that examines the specifications for carpet purchases by the state, as provided in the NSF/ANSI 140-2007 Standard, Platinum Level, and to submit the study to the Governor and the Legislature, including recommendations for any appropriate changes to that standard. The bill would provide that certain actions of a carpet stewardship organization or its members are not violations of the Cartwright Act or certain provisions regulating unfair business practices or unfair competition. The bill would require the Department of General Services to revise relevant procurement rules to ensure that postconsumer carpet that is removed from state buildings is managed in a manner consistent with the purposes of the bill. (2) Existing law requires the Department of Toxic Substances Control to adopt regulations to establish a process to identify and prioritize chemicals or chemical ingredients in consumer products that may be considered as being a chemical of concern, as prescribed, and to establish a process for evaluating chemicals of concern in consumer products, and their potential alternatives, to determine how best to limit exposure or to reduce the level of hazard posed by a chemical of concern. This bill would require the Department of Toxic Substances Control to fully consider the measures taken by the carpet industry pursuant to the program established by the bill, and the results of those measures, when considering whether to include carpet in the product registry adopted under those provisions or to otherwise regulate carpet pursuant to those provisions.
Who sponsors AB 2398?
AB 2398 is sponsored by John A. Perez.
What is the current status of AB 2398?
This bill has been enacted into law. Introduced February 19, 2010. Enacted.
Where can I track AB 2398?
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