California 2009-2010 Regular Session Status: Passed Assembly

AB 2139 — Solid waste: product stewardship.

Last action — Read third time, passage refused. (Ayes 30. Noes 31. Page 5589.)

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

This bill died with 2009-2010 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

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 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.

Bill Text

Action History

  1. Read third time, passage refused. (Ayes 30. Noes 31. Page 5589.)

  2. Read second time. To third reading.

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

  4. From committee: Amend, and do pass as amended. (Ayes 12. Noes 5.) (April 7).

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

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

  7. From committee: Do pass, and re-refer to Com. on NAT. RES. Re-referred. (Ayes 6. Noes 3.) (April 13).

  8. Re-referred to Com. on E.S. & T.M. by unanimous consent, and then be re-referred to Com. on NAT. RES.

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

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

  11. Referred to Coms. on NAT. RES. and E.S. & T.M.

  12. From printer. May be heard in committee March 21.

  13. Read first time. To print.

Sponsors

  • Chesbro · Primary

Sponsorship breakdown

Export CSV (upgrade) →

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

Sponsors (1)

  • Chesbro

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

AB 2139 CHESBRO Assembly Third Reading

Failed 36 Yea · 32 Nay · 23 Other
Party YeaNayPresentNot Voting
Unaffiliated 3330022
Democratic 2100
Republican 1101
Total 3632023
% of votes cast 40%35%0%25%
How each member voted (91)
Member Party Vote
Hall — Not Voting
Carter — Yea
Evans — Yea
Fuentes — Yea
Chesbro — Yea
Lieu — Yea
Charles — Yea
Nava — Yea
De — Yea
La — Yea
Torre — Yea
Bonnie — Yea
Lowenthal — Yea
Portantino — Yea
Saldana — Yea
Bass — Yea
Davis — Yea
Ruskin — Yea
Skinner — Yea
Torlakson — Yea
John — Yea
A. — Yea
Perez — Yea
Bill — Nay
Furutani — Not Voting
Yamada — Yea
Fletcher — Nay
Tom — Not Voting
Galgiani — Nay
Gilmore — Nay
Hagman — Nay
De — Not Voting
Leon — Not Voting
Fong — Not Voting
V. — Not Voting
Manuel — Not Voting
Perez — Not Voting
Salas — Not Voting
Audra — Not Voting
Conway — Nay
Cook — Nay
Coto — Not Voting
Harkey — Nay
Hayashi — Nay
Hill — Nay
Huber — Not Voting
Jeffries — Nay
Logue — Nay
Mendoza — Not Voting
Miller — Nay
DeVore — Nay
Nestande — Nay
Norby — Nay
Silva — Nay
Smyth — Nay
Solorio — Not Voting
Torres — Not Voting
Torrico — Yea
Villines — Nay
Adams — Nay
Ammiano — Yea
Anderson — Nay
Beall — Yea
Blakeslee — Nay
Block — Not Voting
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Not Voting
Hernandez — Not Voting
Huffman — Yea
Knight — Nay
Ma — Not Voting
Monning — Yea
Nielsen — Nay
Swanson — Not Voting
Tran — Nay
Emmerson — Nay
Eng — Yea
Feuer — Yea
Fuller — Nay
Garrick — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Not Voting
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Nay
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
Coto — Yea
Charles — Yea
Harkey — Nay
Bradford — Yea
Monning — Yea
Nielsen — Nay
Ruskin — Yea
Skinner — Yea
Solorio — Yea
Torrico — Yea
Ammiano — Yea
Miller — Nay
Norby — Nay
Torlakson — Yea
Davis — Yea
Fuentes — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

public-safety environment
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Frequently asked questions

What does AB 2139 do?
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.
Who sponsors AB 2139?
AB 2139 is sponsored by Chesbro.
What is the current status of AB 2139?
This bill died with 2009-2010 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 2139?
Track AB 2139 free on One Click Politics — get push/email alerts when it moves.

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