State Specific Policy Resources: California

Auxiliary Containers

• Bag Ban - Cal. Public Resources Code, Div. 30, Part 3, Ch. 5.3 Single-Use Carryout Bags; § 42280 to § 42288 (ISRI Note: prohibits single use carryout bags, requires a minimum $0.10 fee for recycled paper or compostable bags, creates requirements for reusable bags)
• Compostable Plastic Products - Cal. Public Resources Code, Div. 30, Part 3, Ch. 5.7 Plastic Products; § 42355 to § 42358.5 (ISRI note: sets standards for compostable plastic products)
• Bag Recycling Program - Cal. Public Resources Code, Div. 30, Part 3, Ch. 5.1 At-Store Recycling Program; § 42250 to § 42257

Electronics Recycling

• Electronics Recycling Law - Cal. Public Resources Code, Div. 30, Part 3, Ch. 8.5. Electronic Waste Recycling; § 42460 to § 42486
  • 2022 California SB 1215 amended the Electronic Waste Recycling law to impose an ARF on "battery-embedded products" similar to the current fee on TVs and Monitors.
  • 2022 California AB 2440 created Cal. PRC Div. 30, Part 3, Ch. 7.5. Responsible Battery Recycling Act of 2022 (not codified at time of update), an Extended Producer Responsibility program for loose and easily removable batteries.
  • Rulemaking and implementation information for the new programs will likely be made available on CalRecycle's Covered Electronic Waste Recycling Program page and/or from their email ListServs
• Electronics Recycling Regulations - Cal. Code Regs. Title 14, Div. 7, Ch. 8.2; § 18660.5 to 18660.43
• Kill Switch - Cal. Bus. & Prof. Code § 22761
• CA Dept. of Resources Recycling and Recovery (CalRecycle)

Materials Theft

• Metal Scrap Law
• Office of the Attorney General - Junk & Recycle Dealers; includes a downloadable Record of Junk Sale or Purchase form PDF
• ISRI Summary of California Metal Scrap Statute (Oct. 6, 2022)

Packaging Extended Producer Responsibility (EPR)

• 2022 California SB 54 created Cal. PRC Div. 30, Part 3, Ch. 3. Plastic Pollution Prevention and Packaging Producer Responsibility Act; an EPR program for single use packaging and plastic single-use food-service ware.
• CalRecycle has not yet created a SB 54 implementation page, but information will likely be made available on their Product Stewardship / EPR page, Packaging page, or from their email ListServs.
  • CalRecycle has posted a SB 54 Jobs page to recruit additional staff for rulemaking

Recyclability Labeling

• 2021 California SB 343 created "Truth in Labeling" requirements for recyclability claims on packaging effective 18 months after CalRecycle completes a material characterization study of material types and forms that are collected, sorted, sold or transferred for recycling or disposal in California.
  • Cal. BPC Div. 7, Part 3, Ch. 1, Art. 7 Environmental Representations, § 17580 - § 17581
  • Cal. PRC Div. 12.7, Ch. 2, Containers and Packaging, § 1810 - § 18017
  • Cal. PRC Div. 30, Part 3, Ch. 5.7 Products, § 42355 - § 42358.5

Recycled Content Mandates

• CalRecycle's Packaging Materials Management page includes links to information on their recycled content mandates for:
  • Plastic beverage containers: 15% recycled plastic by 2022, 25% by 2025; 50% by 2030
  • Non-food rigid plastic packaging containers: multiple compliance options, including 25% post consumer material content
  • Trash bags: 10%% actual postconsumer material by weight
  • Reusable grocery bags: paper bags: 40% postconsumer, or 20% for an 8 lb. or smaller bag. Reusable bag: 40% postconsumer

State Superfund (no SREA equivalent)

• Cal. Health & Safety Code, Division 20, Chapter 6.8 Hazardous Substance Account; § 25300 to § 25390.9

Stormwater Permitting

• California EPA - Industrial Storm Water Permitting
• California EPA - Industrial General Permit 2014-0057-DWQ Website
• Order 2014-0057-DWQ as amended in 205 and 2018 - The unofficial draft document is implementable and available for use until the State Water Board assigns a new order number. Contact the Stormwater Helpdesk at stormwater@waterboards.ca.gov for assistance.
• SMARTS - Storm Water Multiple Application and Report Tracking System (electronic filing of storm water permit documents)

Tire / Rubber

• Cal. Business and Professions Code
• Div. 3, Ch. 20.3, Art 10. Used Tires; § 9889.30 (as created by 2019 California AB 949, effective Jan 1, 2020)
• Div. 8, Ch. 9, Art. 3. Junk; § 21600 to § 21610 (ISRI note: § 21603 exempts persons selling new tires, taking in part payment of used articles, and selling the same)
• Cal. Civil Code
• Div. 3, Part 4, Title 14, Ch. 2b, § 2982. (ISRI note: automobile sales finance contracts must include California tire fees)
• Div. 4, Part 5, Ch. 5, Art. 1, § 4735 (ISRI note: common interest developments - architectural or landscaping guidelines void if prohibit use of artificial turf)
• Cal. Government Code
• Title 5, Div. 2, Part 1, Ch. 1, Art. 4, § 53087.7 (ISRI note: local governments shall not prohibit installation of artificial turf on residential property; also provides guidelines on reasonable restrictions that may be imposed)
• Title 20, Ch. 2, § 99523. (ISRI note: establishes Border Region Solid Waste Working Group to remediate problems, including waste tires)
• Cal. Health and Safety Code
• Div. 20, Ch. 6.5, Art. 10.5, §25215.72 (ISRI note: loans funds from the California Tire Recycling Management Fund for implementing the collection of the California battery fee)
• Div. 26, Part 4, Ch. 3, Art. 2, § 41800 (ISRI note: Nonagricultural burning: no open outdoor fires for disposal or burning of various, including tires)
• Div. 104, Part 11, Ch. 2, Art. 5. Mosquito Control and Imported Tires; § 116185 to § 116225 (ISRI note: includes inspection requirements and per tire fees)
• Cal. Penal Code, Part 1, Title 10, § 374.3 (ISRI note: dumping; double fine for dumping used tires)
• Cal. Public Contract Code, Div. 2, Part 2. Contracting by State Agencies
• Ch. 4. State Agency Buy Recycled Campaign
• Art. 1, § 12153 (ISRI note: includes retreaded automobile tires)
• Art. 4. Recycled Materials, Goods, and Supplies; § 12153 to § 12217 (ISRI note: recycled product preference includes requirements for retreaded tires and minimum content for tire-derived products)
• Ch. 5. Recycled Product Procurement by the Legislature (ISRI note: § 12305 states that procurement guidelines include tires)
• Cal. Public Resources Code
• Div. 12.5, § 17001 (ISRI note: Community Conservation Corps; includes expenditures from the California Tire Recycling Fund)
• Div. 13. Environmental Quality
• Ch. 2.6, § 21092. (ISRI note: public notice of environmental impact report, includes burning of refuse-derived fuel, including tires)
• Ch. 4, § 21151.1. (ISRI note: requires environmental impact report for burning of refuse-derived fuel, including tires)
• Div. 15. Energy Conservation and Development
• Ch. 1, § 25000.5. (ISRI note: state transportation and energy policy must consider economic and environmental cost of petroleum use for state agencies, including replacement tires)
• Ch. 8.3. State Vehicle Fleet; § 25722 to § 25724
• Ch. 8.7. Replacement Tire Efficiency Program; § 25770 to § 25773
• Div. 30. Waste Management
• Part 1, Ch. 3, Art. 3, § 40507. (ISRI note: requires annual report to the legislature, to include the comparative costs and benefits of the recycling or conversion processes for waste tires funded pursuant to Part 3, Ch. 17)
• Part 2, Ch. 6, Art. 1, § 41780.05. (ISRI note: "per capita disposal" does not include tires converted at an EMSW conversion facility)
• Part 3. State Programs
• Ch. 7. Retreaded Tire Program; § 42400 to § 42416
• Ch. 14. Paving Materials; § 42700 to § 42705 (ISRI note: includes crumb rubber as paving materials and tire-fired kilns)
• Ch. 16. Waste Tires; § 42800 to § 42855
• Ch. 17. California Tire Recycling Act; § 42860 to § 42895
• Ch. 19. Tire Hauler Registration; § 42950 to § 42967
• Part 7, Ch. 2.5, § 48100. (ISRI note: farm and ranch cleanup and abatement, includes funds from the Tire Recycling Management Fund)
• Cal. Streets and Highways Code
• Div. 1, Ch. 3, Art. 5. Control of Junkyards, Scrap Metal Processing Facilities, and Automobile Dismantling Facilities; § 745 - 759.3 (ISRI note: § 746 defines "junk" as including rubber debris)
• Div. 7, Part 3, Ch. 29, Art. 1, § 5898.12 (ISRI note: chapter should be used to finance water efficiency improvements, including synthetic turf)
• Cal. Vehicle Code
• Div. 1. Words and Phrases Defined (ISRI note: includes tire definitions)
• Div. 4, Ch. 4. Theft and Injury of Vehicles, §10852.5 (ISRI Note: Vehicle Code Catalytic Converter Requirements) (as created by 2022 California AB 1740 and SB 1087, effective 01/01/23)
• Div. 5, Ch. 4, Art. 1. Issuance of Licenses and Certificates to Manufacturers, Transporters, and Dealers
• § 11713.1. (ISRI note: vehicle price advertisements, includes requirements for California tire fee)
• § 11713.21. (ISRI note: "cash price" excludes California tire fee)
• Div. 12, Ch. 5, Art. 4. Tires; § 27450 to § 27503 (ISRI note: tire standards)
• Div. 13, Ch. 5, Art. 8. Waste Tires; § 31560 (ISRI note: person transporting 10 or more used or waste tires must be registered)
• Div. 15, Ch. 5. Weight
• Art. 2. Tire Limits; § 35600 to § 35601
• Art. 6., § 35790.1. (ISRI note: includes manufactured housing unit tire standards)