Bill Text: CA SB560 | 2023-2024 | Regular Session | Amended
Bill Title: Solid waste: gas cylinders: stewardship program.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2024-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB560 Detail]
Download: California-2023-SB560-Amended.html
Amended
IN
Senate
March 22, 2023 |
Introduced by Senator Laird |
February 15, 2023 |
LEGISLATIVE COUNSEL'S DIGEST
The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, generally regulates the disposal, management, and recycling of solid waste.
This bill would express the intent of the Legislature to enact subsequent legislation to authorize the department to establish a framework for the application of extended producer responsibility to the end-of-life management of covered gas cylinders, which include propane gas cylinders under 20 pounds, helium cylinders, isobutane cylinders, and butane cylinders.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Chapter 3.3 (commencing with Section 42100) is added to Part 3 of Division 30 of the Public Resources Code, to read:CHAPTER 3.3. Stewardship Program for Gas Cylinders
Article 1. Definitions
42100.
(a) (1) “Gas cylinder” means a gas cylinder designed to receive, store, and deliver compressed gas. A gas cylinder includes a gas cylinder that is any of the following:Article 2. Performance Standards and Metrics
42101.
(a) (1) The Stewardship Program for Gas Cylinders is hereby created.Article 3. Stewardship Organizations
42102.
Producers may establish one or more producer stewardship organizations composed of producers to design, submit, and implement a gas cylinder stewardship plan on behalf of the producers it represents.Article 4. Stewardship Plans
42103.
(a) Each producer or producer stewardship organization shall notify the department, in writing, that the producer will act individually or jointly with other producers to submit a gas cylinder stewardship plan to the department.Article 5. Producer Records and Reports
42104.
Each producer or producer stewardship organization with a gas cylinder stewardship plan approved by the department shall do both of the following:Article 6. Program Administration
Article 7. Industry Responsibilities
Article 8. Financial Provisions
42107.
Each producer shall, either individually or through a producer stewardship organization, pay all administrative and operational costs associated with establishing and implementing the gas cylinder stewardship plan in which it participates, including the cost of collection, transportation, recycling, and the safe and proper management of recovered gas cylinders.Article 9. Enforcement and Civil Penalties
42108.
A producer that fails to participate in a gas cylinder stewardship plan approved by the department shall not supply, sell, or offer for sale gas cylinders in the state.Article 10. Antitrust Immunity and Miscellaneous
42109.
(a) Except as provided in subdivision (b), an action that is taken by a producer or producer’s designee, including, but not limited to, a producer stewardship organization, is not a violation of the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), the Unfair Practices Act (Chapter 4 (commencing with Section 17000) of Part 2 of Division 7 of the Business and Professions Code), or the Unfair Competition Law (Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code) to the extent the producer or producer’s designee, including, but not limited to, a producer stewardship organization, is exercising authority pursuant to this chapter.It is the intent of the Legislature to enact subsequent legislation to authorize the Department of Resources Recycling and Recovery to establish a framework for the application of extended producer responsibility to the end-of-life management of covered gas cylinders, which include propane gas cylinders under 20 pounds, helium cylinders, isobutane cylinders, and butane cylinders.