SB 343

  • California Senate Bill
  • 2021-2022 Regular Session
  • Introduced in Senate Feb 09, 2021
  • Passed Senate Jun 01, 2021
  • Passed Assembly Sep 08, 2021
  • Signed by Governor Oct 05, 2021

Environmental advertising: recycling symbol: recyclability: products and packaging.

Abstract

(1) Existing law declares that it is the public policy of the state that environmental marketing claims, whether explicit or implied, should be substantiated by competent and reliable evidence to prevent deceiving or misleading consumers about the environmental impact of plastic products and that, for consumers to have accurate and useful information about the environmental impact of plastic products, environmental marketing claims should adhere to uniform and recognized standards. This bill would further declare that it is the public policy of the state that claims related to the recyclability of a product or packaging be truthful and that consumers deserve accurate and useful information related to how to properly handle the end of life of a product or packaging. This bill would require the Department of Resources Recycling and Recovery, on or before January 1, 2024, in order to provide information to the public to evaluate whether a product or packaging is recyclable in the state and is of a material type and form that routinely become feedstock used in the production of new products and packaging, to update specified regulations to require disposal facility operators, among other operations and facilities, to provide information to the department regarding how material collected or processed by the operations and facilities was collected and what material types and forms are actively recovered, and not considered contaminants, by the operation or facility. The bill would require the department to conduct, publish on its internet website, and update as provided, a characterization study of material types and forms that are collected, sorted, sold, or transferred by solid waste facilities identified by the department for inclusion in the study. The bill would provide that, except as specified, a product or packaging is considered recyclable in the state if, based on the information published by the department, the product or packaging is of a material type and form collected for recycling by recycling programs for jurisdictions that collectively encompass at least 60% of the population of the state, among other statewide recyclability criteria. (2) Under existing law, it is unlawful for any person to make any untruthful, deceptive, or misleading environmental marketing claim, whether explicit or implied. A violation of this requirement is a misdemeanor. This bill would prohibit a person from offering for sale, selling, distributing, or importing into the state any product or packaging for which a deceptive or misleading claim about the recyclability of the product or packaging is made. The bill would provide that, except as specified, a product or packaging that displays a chasing arrows symbol, among other symbols, statements, or directions, is deemed to be a deceptive or misleading claim unless the product or packaging is considered recyclable pursuant to statewide recyclability criteria and is of a material type and form that routinely becomes feedstock used in the production of new products or packaging, as provided. The bill would therefore expand the scope of an existing crime and impose a state-mandated local program. (3) Under existing law, a person who represents in advertising or on the label or container of a consumer good that the consumer good that it manufactures or distributes is not harmful to, or is beneficial to, the natural environment, through the use of environmental terms, is required to maintain in its records specified information and documentation supporting the validity of the representation, including, if applicable, whether the consumer good conforms with the uniform standards contained in the Federal Trade Commission Guidelines for Environmental Marketing Claims for the use of the term "recyclable," among other terms. A violation of this requirement is a misdemeanor. This bill would apply that recordkeeping requirement to a person who makes those representations through the use of a chasing arrows symbol, as defined, or by otherwise directing a consumer to recycle a consumer good. The bill would add to the required information and documentation for the use of the term "recyclable," the use of a chasing arrows symbol, or other representation that advises consumers to recycle a consumer good, whether the consumer good meets the criteria for statewide recyclability. The bill would provide that a direction to a consumer that accurately instructs the consumer to properly dispose of or otherwise properly handle a consumer good at the end of its useful life shall not be considered "otherwise directing a consumer to recycle a consumer good" if the consumer good is subject to one of several enumerated programs. The bill would provide that directing a consumer to compost or properly dispose of a consumer good through an organics recycling program is also not considered "otherwise directing a consumer to recycle a consumer good." A violation of these provisions would be a misdemeanor. The bill would therefore create a new crime and impose a state-mandated local program. (4) Existing law requires all rigid plastic bottles and rigid plastic containers sold in the state to be labeled with a code that indicates the resin used to produce the bottles or containers, with specified numbers and letters placed in relation to a triangle. This bill would prohibit the resin identification code from being placed inside a chasing arrows symbol, unless the rigid plastic bottle or rigid plastic container meets the requirements for statewide recyclability. (5) 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 Sponsors (16)

Votes


Actions


Oct 05, 2021

California State Legislature

Approved by the Governor.

California State Legislature

Chaptered by Secretary of State. Chapter 507, Statutes of 2021.

Sep 17, 2021

California State Legislature

Enrolled and presented to the Governor at 1:30 p.m.

Sep 09, 2021

Senate

Assembly amendments concurred in. (Ayes 29. Noes 7.) Ordered to engrossing and enrolling.

Sep 08, 2021

Senate

In Senate. Concurrence in Assembly amendments pending.

Assembly

Read third time. Passed. (Ayes 43. Noes 0.) Ordered to the Senate.

Sep 01, 2021

Assembly

Read second time. Ordered to third reading.

Aug 31, 2021

Assembly

Read second time and amended. Ordered to second reading.

Aug 30, 2021

Assembly

From committee: Do pass as amended. (Ayes 11. Noes 4.) (August 26).

Aug 19, 2021

Assembly

August 19 set for first hearing. Placed on suspense file.

Jul 08, 2021

Assembly

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

  • Amendment-Passage
  • Reading-1
  • Reading-2
  • Referral-Committee
Com. on APPR.

Jul 07, 2021

Assembly

From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 2.) (July 6).

Jun 28, 2021

Assembly

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

  • Amendment-Passage
  • Reading-1
  • Reading-2
  • Referral-Committee
Com. on JUD.

Jun 24, 2021

Assembly

From committee: Do pass as amended and re-refer to Com. on JUD. (Ayes 8. Noes 0.) (June 23).

Jun 14, 2021

Assembly

From committee with author's amendments. Read second time and amended. Re-referred to Com. on NAT. RES.

  • Amendment-Passage
  • Committee-Passage
  • Reading-1
  • Reading-2
  • Referral-Committee
Com. on NAT. RES.

Jun 10, 2021

Assembly

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

  • Referral-Committee
Coms. on NAT. RES. and JUD.

Jun 02, 2021

Assembly

In Assembly. Read first time. Held at Desk.

Jun 01, 2021

Senate

Read third time. Passed. (Ayes 31. Noes 6. Page 1328.) Ordered to the Assembly.

May 24, 2021

Senate

Read second time. Ordered to third reading.

May 20, 2021

Senate

Read second time and amended. Ordered to second reading.

Senate

From committee: Do pass as amended. (Ayes 5. Noes 2. Page 1188.) (May 20).

May 14, 2021

Senate

Set for hearing May 20.

Apr 20, 2021

Senate

April 19 hearing: Placed on APPR suspense file.

Apr 08, 2021

Senate

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

  • Amendment-Passage
  • Reading-1
  • Reading-2
  • Referral-Committee
Com. on APPR.

Apr 07, 2021

Senate

From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 0. Page 686.) (April 6).

Mar 23, 2021

Senate

Set for hearing April 6.

Mar 17, 2021

Senate

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

  • Amendment-Passage
  • Reading-1
  • Reading-2
  • Referral-Committee
Com. on JUD.

Mar 16, 2021

Senate

From committee: Do pass as amended and re-refer to Com. on JUD. (Ayes 5. Noes 0. Page 500.) (March 15).

Mar 03, 2021

Senate

Set for hearing March 15.

Feb 22, 2021

Senate

Art. IV. Sec. 8(a) of the Constitution dispensed with.

Senate

Joint Rule 55 suspended. (Ayes 32. Noes 4. Page 272.)

Senate

(Ayes 32. Noes 4.)

Feb 17, 2021

Senate

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

  • Referral-Committee
Coms. on E.Q. and JUD.

Feb 10, 2021

Senate

From printer. May be acted upon on or after March 12.

Feb 09, 2021

Senate

Introduced. Read first time. To Com. on RLS. for assignment. To print.

Bill Text

Bill Text Versions Format
SB343 HTML
02/09/21 - Introduced PDF
03/17/21 - Amended Senate PDF
04/08/21 - Amended Senate PDF
05/20/21 - Amended Senate PDF
06/14/21 - Amended Assembly PDF
06/28/21 - Amended Assembly PDF
07/08/21 - Amended Assembly PDF
08/31/21 - Amended Assembly PDF
09/13/21 - Enrolled PDF
10/05/21 - Chaptered PDF

Related Documents

Document Format
03/15/21- Senate Environmental Quality PDF
04/02/21- Senate Judiciary PDF
04/16/21- Senate Appropriations PDF
05/20/21- Senate Appropriations PDF
05/25/21- Sen. Floor Analyses PDF
06/21/21- Assembly Natural Resources PDF
07/02/21- Assembly Judiciary PDF
08/16/21- Assembly Appropriations PDF
09/01/21- ASSEMBLY FLOOR ANALYSIS PDF
09/09/21- Sen. Floor Analyses PDF

Sources

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