California 2021-2022 Regular Session Status: Passed Assembly Bipartisan · 1 D · 1 R cosponsors

AB 478 — Solid waste: thermoform plastic containers: postconsumer thermoform recycled plastic: commingled rates.

Last action — In committee: Held under submission.

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

This bill died with 2021-2022 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

(1) The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, requires a rigid plastic packaging container, as defined, sold or offered for sale in this state, to meet, on average, at least one of 5 specified criteria, including that the container be made from 25% postconsumer material. This bill, on and after January 1, 2024, would require the total thermoform plastic containers, as defined, sold by a producer, as defined, or purchased in a certain quantity, in the state to contain, on average, specified amounts of postconsumer thermoform recycled plastic, as defined, per year pursuant to a tiered plan that would require the total thermoform plastic containers to contain, on average, and depending on the recycling rate, no less than 20% or 30% postconsumer recycled plastic per year on and after June 1, 2030. The bill would exclude a person or company that produces, harvests, and packages an agricultural commodity on the site where the commodity is grown or raised from this requirement. The bill would authorize the department to conduct audits and investigations and take an enforcement action against a producer for the purpose of ensuring compliance. The bill would exempt from the California Public Records Act trade secrets and proprietary information obtained from those audits and investigations. The bill would impose annual administrative penalties in a specified amount, calculated and authorized to be adjusted by the department, as prescribed, on a producer for violating these requirements. The bill would require collected administrative penalties to be deposited into the Thermoform Recycling Enhancement Penalty Account, which the bill would create. The bill would make moneys in the penalty account available only upon appropriation by the Legislature. The bill would require, on or before March 1 of each year, a producer to report to the department, under penalty of perjury, the amount in pounds and by resin type of virgin plastic and postconsumer thermoform recycled plastic used to manufacture the thermoform plastic containers sold or offered for sale in the state in the previous calendar year. The bill would require certain importers and manufacturers of thermoform plastic containers to register and pay a fee to the department and would require those entities and certain purchasers and exporters of those containers to, on or before March 1 of each year, report to the department specified sales and other information. The bill would also require certain of those entities to maintain specified records and documentation. By expanding the crime of perjury, the bill would impose a state-mandated local program. The bill would require the department to post the reported information on its internet website, as specified. (2) The California Beverage Container Recycling and Litter Reduction Act, which is administered by the Department of Resources Recycling and Recovery, is established to promote beverage container recycling and provides for the payment, collection, and distribution of certain payments and fees based on minimum refund values established for beverage containers. Under the act, "commingled rate" is defined as the ratio of empty beverage containers to all other containers of the same material type, as determined by the department. The act requires the department to recalculate commingled rates paid for beverage containers and postfilled containers, as provided. The act authorizes the department to calculate a curbside recycling program commingled rate for bimetal containers, and a combined commingled rate for all plastic beverage containers displaying certain resin identification codes, as provided. This bill would instead define "commingled rate" as the ratio of empty beverage containers to all other containers of the same material type and form, as determined by the department. The bill would delete the department's authority related to commingled rates for bimetal containers and plastic beverage containers, as described above. The bill would require the department to exclude thermoform plastic for purposes of calculating the commingled rate for each type of plastic container. (3) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. (4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Bill Text

Action History

  1. In committee: Held under submission.

  2. In committee: Referred to APPR suspense file.

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

  4. From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 2.) (July 13). Re-referred to Com. on APPR.

  5. Read second time and amended. Re-referred to Com. on JUD.

  6. From committee: Amend, and do pass as amended and re-refer to Com. on JUD. (Ayes 5. Noes 1.) (July 1).

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

  8. Referred to Coms. on E.Q. and JUD.

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

  10. Read third time. Passed. Ordered to the Senate. (Ayes 54. Noes 3. Page 1641.)

  11. Read second time. Ordered to third reading.

  12. From committee: Do pass. (Ayes 12. Noes 3.) (May 20).

  13. Joint Rule 62(a), file notice suspended. (Page 1460.)

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

  15. Re-referred to Com. on APPR.

  16. Read second time and amended.

  17. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 1.) (April 20).

  18. From committee: Do pass and re-refer to Com. on JUD. (Ayes 8. Noes 0.) (April 14). Re-referred to Com. on JUD.

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

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

  21. Referred to Coms. on NAT. RES. and JUD.

  22. From printer. May be heard in committee March 11.

  23. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 3 co-sponsors · 118 not signed on · 3 voted No

Sponsors (1)

  • Ting

Co-sponsors (3)

Not signed on (118)

118 members have not signed on to this bill.

Show all 118 →

"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.

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Votes

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5000
Democratic 1000
Republican 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Kamlager — Yea
Portantino — Yea
Wieckowski — Yea
Bradford — Yea
Bates — Yea
Laird, John Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass, but first be re-referred to the Committee on [Appropriations]

Passed 8 Yea · 2 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 4100
Democratic 4001
Republican 0100
Total 8201
% of votes cast 73%18%0%9%
How each member voted (11)
Member Party Vote
Hertzberg — Yea
Gonzalez — Yea
Skinner — Yea
Wieckowski — Yea
Borgeas — Nay
Caballero, Anna M. Democratic Not Voting
Durazo, Maria Elena Democratic Yea
Laird, John Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Jones, Brian W. Republican Nay

Official roll call →

AB 478 Ting Assembly Third Reading

Passed 54 Yea · 3 Nay · 21 Other
Party YeaNayPresentNot Voting
Democratic 24003
Unaffiliated 30209
Republican 0109
Total 543021
% of votes cast 69%4%0%27%
How each member voted (78)
Member Party Vote
Bloom — Yea
Friedman — Yea
Cooley — Yea
Chiu — Yea
Rendon — Yea
Mullin — Yea
Holden — Yea
Villapudua — Yea
Salas — Yea
Jones-Sawyer — Yea
Santiago — Yea
Rodriguez — Yea
Quirk — Yea
Wood — Yea
Nazarian — Yea
Ting — Yea
Low — Yea
O'Donnell — Yea
Levine — Yea
Waldron — Yea
Medina — Yea
McCarty — Yea
Gray — Yea
Burke — Yea
Chau — Yea
Kiley — Nay
Cunningham — Nay
Voepel — Not Voting
Mathis — Not Voting
Bigelow — Not Voting
Maienschein — Not Voting
Mayes — Not Voting
Frazier — Not Voting
Daly — Not Voting
Smith — Not Voting
Cooper — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Luz Rivas — Yea
Mark Stone — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Yea
Fong, Mike Democratic Not Voting
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Not Voting
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Not Voting
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Not Voting
Choi, Steven S. Republican Not Voting
Dahle, Megan Republican Not Voting
Davies, Laurie Republican Nay
Flora, Heath Republican Not Voting
Gallagher, James Republican Not Voting
Lackey, Tom Republican Not Voting
Patterson, Joe Republican Not Voting
Seyarto, Kelly Republican Not Voting
Valladares, Suzette Martinez Republican Not Voting

Official roll call →

Do pass.

Passed 12 Yea · 3 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 7100
Democratic 5001
Republican 0200
Total 12301
% of votes cast 75%19%0%6%
How each member voted (16)
Member Party Vote
Levine — Yea
Holden — Yea
Quirk — Yea
Chau — Yea
Bigelow — Nay
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Luz Rivas — Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Fong, Mike Democratic Not Voting
Gabriel, Jesse Democratic Yea
Rivas, Robert Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Dahle, Megan Republican Nay
Davies, Laurie Republican Nay

Official roll call →

Do pass as amended and be re-referred to the Committee on [Appropriations]

Passed 8 Yea · 1 Nay · 2 Other
Party YeaNayPresentNot Voting
Democratic 2000
Unaffiliated 6002
Republican 0100
Total 8102
% of votes cast 73%9%0%18%
How each member voted (11)
Member Party Vote
Maienschein — Yea
Chiu — Yea
Holden — Yea
Chau — Yea
Kiley — Not Voting
Smith — Not Voting
Lorena Gonzalez — Yea
Mark Stone — Yea
Kalra, Ash Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Davies, Laurie Republican Nay

Official roll call →

Do pass and be re-referred to the Committee on [Judiciary]

Passed 8 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 7001
Democratic 1000
Republican 0002
Total 8003
% of votes cast 73%0%0%27%
How each member voted (11)
Member Party Vote
Wood — Yea
McCarty — Yea
Chau — Yea
Friedman — Yea
Mathis — Not Voting
Cristina Garcia — Yea
Luz Rivas — Yea
Mark Stone — Yea
Muratsuchi, Al Democratic Yea
Flora, Heath Republican Not Voting
Seyarto, Kelly Republican Not Voting

Official roll call →

Subjects

environment agriculture
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Frequently asked questions

What does AB 478 do?
(1) The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, requires a rigid plastic packaging container, as defined, sold or offered for sale in this state, to meet, on average, at least one of 5 specified criteria, including that the container be made from 25% postconsumer material. This bill, on and after January 1, 2024, would require the total thermoform plastic containers, as defined, sold by a producer, as defined, or purchased in a certain quantity, in the state to contain, on average, specified amounts of postconsumer thermoform recycled plastic, as defined, per year pursuant to a tiered plan that would require the total thermoform plastic containers to contain, on average, and depending on the recycling rate, no less than 20% or 30% postconsumer recycled plastic per year on and after June 1, 2030. The bill would exclude a person or company that produces, harvests, and packages an agricultural commodity on the site where the commodity is grown or raised from this requirement. The bill would authorize the department to conduct audits and investigations and take an enforcement action against a producer for the purpose of ensuring compliance. The bill would exempt from the California Public Records Act trade secrets and proprietary information obtained from those audits and investigations. The bill would impose annual administrative penalties in a specified amount, calculated and authorized to be adjusted by the department, as prescribed, on a producer for violating these requirements. The bill would require collected administrative penalties to be deposited into the Thermoform Recycling Enhancement Penalty Account, which the bill would create. The bill would make moneys in the penalty account available only upon appropriation by the Legislature. The bill would require, on or before March 1 of each year, a producer to report to the department, under penalty of perjury, the amount in pounds and by resin type of virgin plastic and postconsumer thermoform recycled plastic used to manufacture the thermoform plastic containers sold or offered for sale in the state in the previous calendar year. The bill would require certain importers and manufacturers of thermoform plastic containers to register and pay a fee to the department and would require those entities and certain purchasers and exporters of those containers to, on or before March 1 of each year, report to the department specified sales and other information. The bill would also require certain of those entities to maintain specified records and documentation. By expanding the crime of perjury, the bill would impose a state-mandated local program. The bill would require the department to post the reported information on its internet website, as specified. (2) The California Beverage Container Recycling and Litter Reduction Act, which is administered by the Department of Resources Recycling and Recovery, is established to promote beverage container recycling and provides for the payment, collection, and distribution of certain payments and fees based on minimum refund values established for beverage containers. Under the act, "commingled rate" is defined as the ratio of empty beverage containers to all other containers of the same material type, as determined by the department. The act requires the department to recalculate commingled rates paid for beverage containers and postfilled containers, as provided. The act authorizes the department to calculate a curbside recycling program commingled rate for bimetal containers, and a combined commingled rate for all plastic beverage containers displaying certain resin identification codes, as provided. This bill would instead define "commingled rate" as the ratio of empty beverage containers to all other containers of the same material type and form, as determined by the department. The bill would delete the department's authority related to commingled rates for bimetal containers and plastic beverage containers, as described above. The bill would require the department to exclude thermoform plastic for purposes of calculating the commingled rate for each type of plastic container. (3) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. (4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Who sponsors AB 478?
AB 478 is sponsored by Ting, Irwin, Jacqui (Democratic), Skinner, and Gonzalez, Jeff (Republican).
What is the current status of AB 478?
This bill died with 2021-2022 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 478?
Track AB 478 free on One Click Politics — get push/email alerts when it moves.

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