THIRD READING  

Bill No: SB 424

Author: Jackson (D)

Amended: 5/17/19

Vote: 21

SENATE HEALTH COMMITTEE: 7-1, 4/10/19

AYES: Pan, Durazo, Hurtado, Leyva, Mitchell, Monning, Rubio

NOES: Stone

NO VOTE RECORDED: Grove

SENATE ENVIRONMENTAL QUALITY COMMITTEE: 5-1, 4/24/19

AYES: Allen, Hill, Skinner, Stern, Wieckowski

NOES: Stone

NO VOTE RECORDED: Bates

SENATE APPROPRIATIONS COMMITTEE: 4-2, 5/16/19

AYES: Portantino, Bradford, Hill, Wieckowski

NOES: Bates, Jones

SUBJECT: Tobacco products: single-use and multiuse components

SOURCE: National Stewardship Action Council

DIGEST:

This bill prohibits a person or entity from selling, giving, or in any way furnishing to another person of any age in the state any single-use filters, plastic devices, electronic cigarettes, and vaporizer devices, as specified. Requires the manufacturer of these components to use materials eligible for recycling under state or local recycling programs to make any multiuse, reusable component, and to offer methods for recycling those components, as specified.

ANALYSIS:

Existing law:

1. Requires the Department of Public Health (DPH) to establish and develop a program to reduce the availability of “tobacco products,” as defined, to persons under 21 years of age through authorized enforcement activities, as specified, pursuant to the Stop Tobacco Access to Kids Enforcement Act. [BPC §22950, et seq.]
2. Permits an enforcing agency, as specified, to assess civil penalties against any person, firm, or corporation that sells, gives, or in any way furnishes to another person who is under 21 any tobacco product, instrument, or paraphernalia that is designed for the smoking or ingestion of tobacco products, as specified, ranging from $400 to $6,000 for a first, second, third, fourth, or fifth violation within a five-year period. [BPC §22958]
3. Prohibits the sale, distribution, or nonsale distribution of tobacco products directly or indirectly to any person under 21 through the U.S. Postal Service or through any other public or private postal or package delivery service at locations, including, but not limited to, public mailboxes and mailbox stores. [BPC §22963]
4. Requires any person selling or distributing, or engaging in the nonsale distribution of, tobacco products directly to a consumer in the state through the U.S. Postal Service or by any other public or private postal or package delivery service, including orders placed by mail, telephone, facsimile transmission, or the Internet, to comply with specific provisions that include, but are not limited to:
   1. Verifying that the purchaser or recipient of the product is 21 by attempting to match the name, address, and date of birth provided by the customer to information contained in records in a database of individuals whose age has been verified to be 21 or older by reference to an appropriate database of government records kept by the distributor, a direct marketing firm, or any other entity; or,
   2. Requiring a customer or recipient of tobacco products to submit an age-verification kit consisting of an attestation signed by the customer or recipient that he or she is 21 or older, and a copy of a valid form of government identification, as specified. [BPC §22963]
5. Permits a district attorney, city attorney, or the California Attorney General to assess civil penalties against any person, firm, corporation, or other entity that violates 2) or 3) above of existing law ranging from $1,000 to $10,000 for a first, second, third, fourth, or fifth violation within a five-year period. [BPC §22963]
6. Defines “tobacco product” as a product containing, made, or derived from tobacco or nicotine that is intended for human consumption, as specified, including an electronic device that delivers nicotine or other vaporized liquids to the person inhaling from the device, and any component, part, or accessory of a tobacco product, whether or not sold separately. Prohibits any product approved by the federal Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes, as specified, from being deemed a tobacco product. [BPC §22950.5]

This bill:

1. Prohibits a person or entity from selling, giving, or in any way furnishing to another person of any age in the state any of the following:
2. A cigarette utilizing a single-use filter made of any material, including cellulose acetate, any other fibrous plastic material, or any organic or biodegradable material;
3. An attachable and single-use plastic device meant to facilitate manual manipulation or filtration of a tobacco product; and,
4. A Single-use electronic cigarette and single-use vaporizer device.
5. Deems that the prohibition in 1) above applies to any direct or indirect transaction, whether made in person in this state or by means of any public or private method of shipment or delivery to an address in this state.
6. Requires the sale, gift, or other furnishing of one to 20 items specified in 1) above to constitute a single violation of the prohibition in 1) above.
7. Permits a city attorney, county counsel, or district attorney to assess a civil fine of $500 for each violation of the prohibition in 1) above. Requires fine moneys assessed to be deposited in the treasury of the entity that assessed the fine.
8. Encourages, but does not require, a city attorney, county counsel, or district attorney acting as an enforcing agency, as specified, to develop guidelines for its agency to conduct tobacco control investigations of violations, as specified.
9. Requires the manufacturer of a tobacco product to use materials eligible for recycling under state or local recycling programs, as specified, in existence as of January 1, 2020, to make any reusable, multiuse component of the tobacco product.
10. Requires a manufacturer of a reusable component to collect those components if it is not possible to meet the requirement in 6) above, or if the use of tobacco in or through the reusable component renders the component no longer eligible for recycling, either through:
11. Take-back collection bins that the manufacturer makes available to the public at every location that sells its tobacco products; or,
12. A mail-back program that uses safe-for-handling containers that the manufacturer makes available to the public at every location that sells its tobacco products.
13. Requires a manufacturer, when a reusable component would be designated as household hazardous waste at the end of the component’s life, as specified, to collect that reusable component and send it to the appropriate recycler, or to reimburse household hazardous waste collection facilities, as specified, for the costs of collecting and recycling the reusable components.
14. Permits the manufacturer of a reusable component to fund and join a stewardship organization with other manufacturers to meet the requirements in 7) above, related to take-back collection bins or mail-back programs. Requires a stewardship organization to submit to the Department of Resources Recycling and Recovery (CalRecycle) a stewardship plan for approval, as specified.
15. Prohibits the costs of administering a take-back or mail-back program to be passed on to consumers through a visible fee.
16. Requires manufacturers of reusable components, individually or through the stewardship organization, to provide an annual report to CalRecycle that describes compliance, as specified.
17. Permits CalRecycle to adopt regulations to implement provisions in this bill. Permits CalRecycle to collect a fee, as specified, for enforcing and administering provisions in this bill from the manufacturer.
18. Permits CalRecycle to impose an administrative penalty on a manufacturer for violating provisions in this bill that does not exceed $10,000 per day unless the violation is intentional, knowing, or reckless, upon which the administrative penalty is prohibited from exceeding $50,000 per day. Requires CalRecycle to deposit all penalties to the Tobacco Product Stewardship Account.

Comments

1. Author’s statement. According to the author, tobacco product waste is a pervasive problem that has reached a crisis point. Single use filters, otherwise known as ‘cigarette butts’, can be found in every corner of this state, including our beaches, parks, coasts, and waters. Cigarette butts are the number one type of litter found in public clean-ups. Other tobacco product litter is increasingly found across the state. Tobacco product waste not only impacts the environment as other waste, like plastics, the tobacco-related component of that waste additionally pollutes toxic chemicals that adversely impairs ecosystems and kills wildlife. Tobacco product litter can be accidentally consumed by pets and small children, resulting in toxic harms. Municipalities spend millions on the clean-up of tobacco product waste, and, increasingly, millions more when waterways are rendered out of compliance with water quality laws because of tobacco waste pollution. Without a comprehensive program to bring manufacturer responsibility and recyclability standards into the equation, the public taxpayer will continue to pay for improper disposal of these products.
2. Smoking prevalence. According to the federal Centers for Disease Control and Prevention (CDC), nearly 90% of smokers in the U.S. started smoking by the age of 18, and 98% started by age 26. The CDC reports that if smoking continues at the current rate in the U.S., 5.6 million of today’s youth under the age of 18 (about one of every 13) will die early from a tobacco-related disease. Each day in the U.S., more than 3,200 youth aged 18 years or younger smoke their first cigarette, and an additional 2,100 youth and young adults become daily cigarette smokers. Flavorings in tobacco products can make them more appealing to youth. According to the CDC, in 2014, 73% of high school students and 56% of middle school students who used tobacco products in the past 30 days reported using a flavored tobacco product. From 2011 to 2016, cigarette smoking declined among middle and high school students. However, the use of electronic cigarettes increased among the same population during the same time: 4.3% of middle school students reported in 2016 that they used electronic cigarettes, which was an increase from 0.6% in 2011, and 8% of high school students reported having used electronic cigarettes, which was an increase from 1.5%.

According to a 2018 report by DPH, California Tobacco Facts and Figures, among adult users of other tobacco products (such as electronic smoking devices, or ESDs) in California, 70.3% reported using flavored products in the past six months, and eight out of ten young adults 18 to 24 that currently use ESDs reported flavor usage. The report states that one of the reasons for the high rate of flavored use among young adults may be due to the popularity of ESDs. California data indicates that ESD use rate is approximately 10% for young adults ages 18 to 24. DPH states that flavored tobacco products are driving youth experimentation, as more than 80% of youth who ever used a tobacco product reported that their first product was flavored. While teen cigarette smoking in 2016 was low (4.3%), overall tobacco use among teens is stagnant: 13.6% compared to a smoking rate of 13.8% in 2010. However, the proliferation of tobacco product categories (cigarettes; chew and snus tobacco; cigarillos and little cigars; hookah; and a variety of ESDs), flavored products, and the evolution of tobacco marketing appear to be fueling teens switching from traditional cigarettes to a new generation of products.

While this bill is primarily focused on the environmental impact of wasteful single-use tobacco product components and not on the increase in youth use, research by Committee staff indicates that often single-use components, such as single-use vape pens, are cheaper than rechargeable, multiuse devices. While there is no data available on youth use of single-use vape pens specifically, the proliferation of youth use of ESDs may also include use of single-use electronics cigarettes and vape pens.

NOTE: For more background, please see the Senate Health Committee analysis.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

According to the Senate Appropriations Committee, CalRecycle estimates $1.09 million in the budget year, and $1.08 million, ongoing, for 5.0 Environmental Scientists, 1.0 Attorney, 1.0 Legal Analyst and 2.0 Admin positions. Staff anticipates workload would be to develop regulations and respond to questions from specified manufacturers. Fund source would rely on the administrative fee payment made from manufacturers to CalRecycle.

SUPPORT: (Verified 5/17/19)

National Stewardship Action Council (source)

California Association Environmental Health Administrators

California Product Stewardship Council

Californians Against Waste

Cigarette Butt Pollution Project

Clean Water Action

Colorado Medical Waste, Inc.

Full Circle Environmental

Heal the Bay

Plastic Pollution Coalition

Santa Cruz County Tobacco Education Coalition

Save Our Shores

Sea Hugger

Seventh Generation Advisors

Sierra Club California

StopWaste

Surfrider Foundation

SWANA

The 5 Gyres Institute

The Center for Oceanic Awareness, Research, and Education

The Offset Project

The Story of Stuff Project

UPSTREAM

Wishtoyo Chumash Foundation

Zero Waste Marin

Zero Waste Sonoma

Zero Waste USA

OPPOSITION: (Verified 5/17/19)

California Fuels and Convenience Alliance

ARGUMENTS IN SUPPORT: The sponsor and others supporters state it is their mission to shift California’s product waste management system from one focused on government-funded and ratepayer financing to one that relies on producer responsibility in order to reduce public costs and drive improvements in product design. Supporters argue that tobacco waste is extremely costly to local government and those costs will dramatically increase as state water capture requirements are phased-in. Supporters state this bill will reduce tobacco waste at the source and prevent pollution, and pollution prevention is far less expensive than end-of-life capture devices and clean-up, which never capture the chemicals and all the pollution from tobacco waste.

ARGUMENTS IN OPPOSITION: The California Fuels and Convenience Alliance (CFCA) states that this bill has significant impact on small, minority- and family-owned businesses. CFCA argues that evidence has shown that this type of approach simply leads to more online sales and more illegal activity from out-of-state sellers who will import the product, and while they understand the need to reduce liter and waste, this bill will not reduce that waste since tobacco users will continue to obtain these products through other means.

Prepared by: Reyes Diaz / HEALTH / (916) 651-4111

5/20/19 19:27:03

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SENATE COMMITTEE ON APPROPRIATIONS

Senator Anthony Portantino, Chair

2019 - 2020 Regular Session

SB 424 (Jackson) - Tobacco products: single-use and multiuse components

Bill Summary:

Senate Bill 424 would prohibit a person from selling, giving, or furnishing a single-use cigarette product, as specified, to another person. Would require manufacturers of tobacco products with a reusable component to use recyclable materials to make any reusable component of the tobacco product, or to collect the reusable components through a take-back or mail-back program either individually or through a stewardship program, as specified. Would authorize CalRecycle to adopt regulations, collect a fee to cover the reasonable regulatory, enforcement, and administrative costs, and administer an administrative penalty.

*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********

The following information is revised to reflect amendments

adopted by the committee on May 16, 2019

Fiscal Impact:

CalRecycle estimates $1.09 million in the budget year, and $1.08 million, ongoing, for 5.0 Environmental Scientists, 1.0 Attorney, 1.0 Legal Analyst and 2.0 Admin positions. Staff anticipates workload would be to develop regulations, respond to questions from specified manufacturers, test and Fund source would rely on the administrative fee payment made from manufacturers to CalRecycle.

Committee Amendments:

The committee amendment would eliminate “e-hookah” from the bill’s proposed definition of an electronic cigarette.

-- END --

SENATE COMMITTEE ON APPROPRIATIONS

Senator Anthony Portantino, Chair

2019 - 2020 Regular Session

SB 424 (Jackson) - Tobacco products: single-use and multiuse components

Bill Summary:

Senate Bill 424 would prohibit a person from selling, giving, or furnishing a single-use cigarette product, as specified, to another person. Would require manufacturers of tobacco products with a reusable component to use recyclable materials to make any reusable component of the tobacco product, or to collect the reusable components through a take-back or mail-back program either individually or through a stewardship program, as specified. Would authorize CalRecycle to adopt regulations, collect a fee to cover the reasonable regulatory, enforcement, and administrative costs, and administer an administrative penalty.

Fiscal Impact:

CalRecycle estimates $1.09 million in the budget year, and $1.08 million, ongoing, for 5.0 Environmental Scientists, 1.0 Attorney, 1.0 Legal Analyst and 2.0 Admin positions. Staff anticipates workload would be to develop regulations, respond to questions from specified manufacturers, test and Fund source would rely on the administrative fee payment made from manufacturers to CalRecycle.

Background:

SBX2 5 (Leno), Chapter 7, Statutes of 2016, recasts and broadens the definition of “tobacco product” to include electronic smoking devices (ESDs), and extends current restrictions and prohibitions against the use of tobacco products to ESDs. SBX2 7 (Chapter 8, Statutes of 2016) increases the minimum legal age to purchase or consume tobacco from 18 to 21. Current law defines “tobacco product” as any of the following:

• A product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, or snuff.
• An electronic device that delivers nicotine or other vaporized liquids to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah.
• Any component, part, or accessory of a tobacco product, whether or not sold separately.

A tobacco product does not include a nicotine replacement product approved by the United States Food and Drug Administration.

The Governor’s 2019 January Budget summary outlines how revenues from the tax on cigarettes and other products are distributed:

• 10 cents of per pack tax to the General Fund.
• 50 cents of the per pack tax, and an equivalent rate levied on non-cigarette tobacco products, goes to the Children and Families First Trust Fund, as specified by Proposition 10.
• 25 cents of the per pack tax, and rate equivalent to 87 cents on non-cigarette tobacco products and e-cigarettes, to the Cigarette and Tobacco Products Surtax Fund, as specified by Proposition 99.
• 2 cents of the per-pack tax to the Breast Cancer Fund.
• $2 of the per-pack tax, and an equivalent rate on non-cigarette tobacco products and e-cigarettes, to the California Healthcare, Research and Prevention Tobacco Tax Act of 2016 for Proposition 56 distributions.

Over the years, the Legislature has enacted various extended producer responsibility programs, requiring entities to take a shared responsibility of the management of their end-of-life products either individually or through a stewardship organization. Those programs proscribed various aspects of the organization including registration, formation, budget, formation of stewardship plan including goals and minimum collection requirements, reporting, and timeframes.

Proposed Law:

The bill includes the following provisions:

Prohibits sale or delivery of a single-use product. This bill would prohibit a person or entity, directly or indirectly, in this state or by any public or private delivery in-state, from selling, giving, or furnishing to another person, of any age, any of the following:

• A cigarette utilizing a single-use filter made of any material, including cellulose acetate, any other fibrous plastic material, or any organic or biodegradable material.
• An attachable and single-use plastic device meant to facilitate manual manipulation or filtration of a tobacco product.
• A single-use electronic cigarette.
• A single-use vaporizer device.

The bill would prohibit the costs of administering a take-back or mail-back program from being passed on to the consumer through a visible fee.

Authorizes specified fine powers to a city attorney, county counsel, or district attorney.

• Authorizes a city attorney, county counsel, or district attorney to assess a civil fine of five hundred dollars ($500) for each violation, which much be deposited in the treasury, as specified.
• Encourages, but does not require, a city attorney, county counsel, or district attorney acting as an enforcing agency, to develop guidelines for its agency to conduct tobacco control investigations.

Requires manufacturer to use recyclable materials. Except as otherwise provided, the bill would require the manufacturer of a tobacco product to use materials eligible for recycling under state or local recycling programs, including electronic waste recycling programs, in existence as of January 1, 2020, to make any reusable component of the tobacco product.

If it is not possible to make the reusable component out of a material eligible for recycling, or if the use of tobacco in or through the reusable component renders the component no longer eligible for recycling, the manufacturer of a tobacco product with a reusable component must collect those reusable components through either take-back collection bins, as specified, or a mail-back program.

If a reusable component would be designated as household hazardous waste (HHW), the bill would require the manufacturer to collect send the reusable component to the recycler, or reimburse HHW collection facilities recycling costs.

The bill would authorize the manufacturer of a tobacco product with a reusable component to fund and join a stewardship organization with other manufacturers to meet specified requirements.

The bill would require a manufacturer of a tobacco product with a reusable component, individually or through membership in a stewardship organization, to provide an annual report to the department that describes the manufacturer’s compliance.

Establishes administrative penalty levels and the Tobacco Product Stewardship Account. Authorizes CalRecyle to adopt regulations to implement the bill, and to collect a fee that does not exceed the reasonable regulatory costs for enforcement and administration. In addition, the bill would:

• Authorize the department to impose an administrative penalty, not to exceed $10,000 per day unless the violation is intentional, in which case the penalty shall not exceed $50,000, on a manufacturer per day.
• Require the department to deposit all penalties in the Tobacco Product Stewardship Account, which the bill creates.

Defines several terms. “Electronic cigarette” is an electronic device that delivers nicotine or other vaporized liquids to the person inhaling from the device. It includes, but is not limited to, an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah. “Reeusable component” means a multiuse cigarette filter or a multiuse electronic cigarette that is designed to work for at least one year with daily use.

Related Legislation:

SB 38 (Glazer) would prohibit a tobacco retailer, or any of the retailer’s agents or employees, from selling, offering for sale, or possessing with the intent to sell or offer for sale, a favored tobacco product, as defined. The bill would authorize an enforcing agency to assess specified civil penalties, and would provide that the bill does not preempt or prohibit adoption of a local standard that imposes greater restrictions on the access to tobacco products. The bill is on the committee’s suspense file.

Staff Comments:

SB 424 prohibits a person or entity from selling giving, or furnishing to another person a single-use vaporizer device. Cannabis users who use a single-use vaporizer device to smoke cannabis would be impacted by this ban.

-- END --

SENATE COMMITTEE ON ENVIRONMENTAL QUALITY

Senator Allen, Chair

2019 - 2020 Regular

Bill No: SB 424

SUBJECT: Tobacco products: single-use and multiuse components

DIGEST: Prohibits a person from selling, giving, or furnishing to another person certain single-use cigarette products. Requires manufacturers of tobacco products with a reusable component to either use recyclable materials to make any reusable component of the tobacco product or to collect the reusable components through a take-back or mail-back program either individually or through a stewardship program, as specified.

ANALYSIS:

Existing law:

1. Requires the Department of Public Health (DPH) to establish and develop a program to reduce the availability of “tobacco products,” as defined, to persons under 21 years of age through authorized enforcement activities, as specified, pursuant to the Stop Tobacco Access to Kids Enforcement Act (Business & Professions Code (BPC) §22950, et seq.).
   
2. Permits an enforcing agency, as specified, to assess civil penalties against any person, firm, or corporation that sells, gives, or in any way furnishes to another person who is under 21 any tobacco product, instrument, or paraphernalia that is designed for the smoking or ingestion of tobacco products, as specified, ranging from $400 to $6,000 for a first, second, third, fourth, or fifth violation within a five-year period (BPC §22958).
   
3. Prohibits the sale, distribution, or nonsale distribution of tobacco products directly or indirectly to any person under 21 through the U.S. Postal Service or through any other public or private postal or package delivery service at locations, including, but not limited to, public mailboxes and mailbox stores (BPC §22963).
   
4. Requires any person selling or distributing, or engaging in the nonsale distribution of, tobacco products directly to a consumer in the state through the U.S. Postal Service or by any other public or private postal or package delivery service, including orders placed by mail, telephone, facsimile transmission, or the Internet, to comply with specific provisions.
   
5. Defines “tobacco product” as a product containing, made, or derived from tobacco or nicotine that is intended for human consumption, as specified, including an electronic device that delivers nicotine or other vaporized liquids to the person inhaling from the device, and any component, part, or accessory of a tobacco product, whether or not sold separately. Prohibits any product approved by the federal Food and Drug Administration (FDA) for sale as a tobacco cessation product or for other therapeutic purposes, as specified, from being deemed a tobacco product (BPC §22950.5).
6. Under the California Integrated Waste Management Act of 1989, requires each city or county source reduction and recycling element to include an implementation schedule that shows a city or county must divert 25% of solid waste from landfill disposal or transformation by January 1, 1995, through source reduction, recycling, and composting activities, and must divert 50% of solid waste on and after January 1, 2000. (Public Resources Code (PRC) §41780). It is a policy goal of the state that not less than 75% of solid waste be source reduced, recycled, or composted by 2020, and annually thereafter (PRC §41780.01).
   

This bill:

1. Prohibits a person or entity from selling, giving, or in any way furnishing to another person, of any age, in the state:
   
   1. A cigarette utilizing a single-use filter made of any material, including cellulose acetate, any other fibrous plastic material, or any organic or biodegradable material.
      
   2. An attachable and single-use plastic device meant to facilitate manual manipulation or filtration of a tobacco product.
      
   3. A single-use electronic cigarette.
      
   4. A single-use vaporizer device.
      
2. Applies this prohibition to any direct or indirect transaction, whether made in person in the state or by means of a public or private method of shipment or delivery to an address in the state.
   
3. Authorizes the city attorney, county counsel, or district attorney to assess a civil fine of $500 for each sale, gift, or furnishing of up to 20 of the specified items.
   
   1. Encourages the city attorney, county counsel, or district attorney acting as an enforcing agency to develop guidelines for its agency to conduct tobacco control investigations of those violations concurrent with other tobacco control provisions.
      
4. Requires a manufacturer of a tobacco product to use materials eligible for recycling under state or local recycling programs, including electronic waste recycling programs, in existence as of January 1, 2020, to make any reusable component of the tobacco product.
   
5. If it is not possible to make the reusable component out of a material eligible for recycling under either a state or local program or if the use of tobacco makes the reusable component ineligible for recycling, requires the manufacturer, either individually or through a stewardship organization, to collect the reusable components through either:
   
   1. Take-back collection bins that are made available by the manufacturer to the public at every location that sells that manufacturer’s tobacco product.
      
   2. A mail-back program that uses safe-for handling containers that are made available by the manufacturer to the public at every location that sells the manufacturer’s tobacco product.
      
6. Requires manufacturers of tobacco products with reusable components designated as household hazardous waste to either, at the component’s end-of-life:
   
   1. Collect the household hazardous waste reusable component and send the component to the appropriate recycler.
      
   2. Reimburse household hazardous waste collection facilities for the costs of collecting and recycling the reusable component.
      
7. Authorizes manufacturers of tobacco products with reusable components to fund and join a stewardship organization with other manufacturers.
   
   1. Requires the stewardship organization to submit to CalRecycle a stewardship plan for approval and a list of the manufacturers that are members of the organization.
      
   2. Prohibits the costs of administering a take-back or mail-back program from being passed on to the consumer through a visible fee.
      
8. Requires a manufacturer of a tobacco product with a reusable component, individually or through a stewardship organization, to provide an annual report to the Department of Resources Reduction and Recycling (CalRecycle) that describes the manufacturer’s compliance with these requirements.
   
9. Authorizes CalRecycle to impose an administrative penalty, as specified, on a manufacturer in violation of these provisions and requires CalRecycle to deposit all penalties collected in the Tobacco Product Stewardship Account, which would be created by the bill.
   
10. Authorizes CalRecycle to adopt regulations and to collect a fee from a manufacturer of a tobacco product with a reusable component that does not exceed the reasonable regulatory costs of enforcing and administering these provisions.

Background

1. Cigarette waste is a significant environmental pollution problem. Cigarette filters, composed of a type of plastic called cellulose acetate, will degrade with sun exposure but do not bio-degrade. As a result, cigarette butts accumulate in the environment. The impact of a single cigarette butt may be small, but 267 billion cigarettes are smoked in the United States each year. Many littered butts are carried as runoff from streets to drains, to rivers, and ultimately to beaches and the ocean, where they may be ingested by wildlife.
   
   1. Coastal Litter. Cigarette butts have been the most common type of trash found during coastal cleanup events for more than 30 years. The non-profit Ocean Conservancy, which sponsors the International Ocean Cleanup event, reports that during the group’s 2018 coastal cleanup, more than 2.4 million butts were picked up worldwide, topping food wrappers and plastic beverage bottles. The same event picked up 842,837 cigarette butts and related litter from coastlines in the United States and 198,814 from California, more than from any other state. As the incidence of smoking declines in the United States and in California, so does tobacco-related litter. The coastal cleanup event in 2008 picked up 1,492,092 pieces of tobacco-related trash in the United States and 370,529 pieces in California,

a decrease of 43.5 percent nationally and 46.3 percent in California from 2008 to 2018.

• 1. Other Impacts to the Environment. According to the U.S. Food and Drug Administration, more than 7,000 chemicals are contained in every puff of a cigarette including dozens of known carcinogens. Those chemicals remain in discarded cigarette butts and can accumulate in the environment. The butts are not bio-degradable and can harm wildlife that attempt to consume them. The United Nations’ World Health Organization (WHO) issued a report in 2017 that describes the chemicals in discarded butts as being acutely toxic to aquatic organisms. The report, Tobacco and Its Environmental Impact: An Overview, also referred to studies that show one in three smokers discards their tobacco trash on the ground. The report expressed concerns about the cost of cleaning up tobacco-related waste, which is not typically borne by the producers of tobacco products nor by users. Instead most clean-up of tobacco-related litter is left to citizen advocacy groups, local communities, and governments using taxpayer funding. In the report, WHO warned that the plastic disposable liquid cartridges of e-cigarettes may become the cigarette butt waste problem of the future.
     

1. Extended producer responsibility. CalRecycle defines EPR as a strategy to place a shared responsibility for end-of-life product management on the producers, and all entities involved in the product chain, instead of the general public; while encouraging product design changes that minimize a negative impact on human health and the environment at every stage of the product’s lifecycle. This allows the costs of treatment and disposal to be incorporated into the total cost of a product. It places primary responsibility on the producer, or brand owner, who makes design and marketing decisions. It also creates a setting for markets to emerge that truly reflect the environmental impacts of a product, and to which producers and consumers respond.

By shifting costs and responsibilities of product disposal to producers and others who directly benefit, EPR provides an incentive to eliminate waste and pollution through product design changes.

There are a number of existing, statewide EPR programs for various products, including, but not limited to, paint, used oil, mattresses, and, most recently, home-generated drug and sharps waste.

Comments

1. Purpose of Bill. According to the author,

“Tobacco product waste is a pervasive problem that has reached a crisis point. Single use filters, otherwise known as ‘cigarette butts’, can be found in every corner of this state, including our beaches, parks, coasts, and waters. Cigarette butts are the number one type of litter found in public clean-ups. Other tobacco product litter is increasingly found across the state.

“Tobacco product waste not only impacts the environment as other waste, like plastics, the tobacco-related component of that waste additionally pollutes toxic chemicals that adversely impairs ecosystems and kills wildlife. Tobacco product litter can be accidentally consumed by pets and small children, resulting in toxic harms.

“Municipalities spend millions on the clean-up of tobacco product waste, and, increasingly, millions more when waterways are rendered out of compliance with water quality laws because of tobacco waste pollution. Without a comprehensive program to bring manufacturer responsibility and recyclability standards into the equation, the public taxpayer will continue to pay for improper disposal of these products.

1. Is cannabis use impacted? SB 424 prohibits a person or entity from selling giving, or furnishing to another person a single-use vaporizer device. Cannabis users may use a single-use vaporizer device to smoke cannabis. Consequently, cannabis users, along with other people who use single-use vaporizer devices for tobacco, will be impacted by this ban.
   
2. Manufacturer versus distributor. For purposes of the recycling and take-back provisions, SB 424 places responsibility on the manufacturer of the tobacco product that contains a reusable component. However, especially for out-of-state manufacturers, the manufacturer is not always the entity that is responsible for selling and distributing the product into the state. Sometimes it is a third-party distributor. Does it makes sense to place the responsibility of compliance on an entity that did not necessarily have control over its product being sold into the state?
   
3. Out-of-state parties. SB 424 prohibits entities from selling, giving or furnishing the specified banned products through indirect transactions that ship the banned product to an in-state address and requires manufacturers of tobacco products to use materials eligible for recycling when making any reusable component of the tobacco product. If it is not possible for the manufacturer to make the reusable product out of eligible material or if the use of tobacco makes the reusable component ineligible for recycling, SB 424 requires the manufacturer to collect the reusable components either individually or through a stewardship organization. It is presumed that these prohibitions and requirements would also apply to out-of-state entities that sell the products into the state.
   

How does the enforcing entity compel compliance of an out-of-state entity? What jurisdiction does the enforcing entity have over these out-of-state entitles? How would the enforcing entity collect the applicable civil fine or administrative penalty?

1. Prior stewardship programs. Over the years, the Legislature has enacted various extended producer responsibility programs, requiring entities to take a shared responsibility of the management of their end-of-life products either individually or through a stewardship organization. Those programs proscribed various aspects of the organization including registration, formation, budget, formation of stewardship plan including goals and minimum collection requirements, reporting, and timeframes. SB 424, instead, provides a skeleton of those prior stewardship programs simply requiring manufacturers to either take-back their products individually or through a stewardship program and to submit an annual report on their compliance with the bill’s provisions. As written, these stewardship organization provisions are vague.
   
   As the bill moves through the Legislative process, the author will need to include additional details for the operation of the stewardship organization to ensure proper compliance and that it is achieving the purposes of this bill.
   
2. Consumer behavior. Preventing cigarette waste not only falls on the manufacturers but also on the consumer. Too often consumers will dispose of single-use cigarettes and their components without a second thought. Sometimes, the waste is properly disposed of in a trash container, but often not. Especially with cigarette butts, consumers have come into the habit of simply “flicking” the butt wherever is most convenient – usually onto the ground. Will the switch from single-use electronic cigarettes or vaporizer pens and cigarettes with single-use components to tobacco products with reusable components force consumers to change their behavior? Will consumers take advantage of the take-back collection bins or mail-back programs or will they continue to dispose of these items in the most convenient place possible? To effectively reduce the amount of cigarette waste that is disposed of into our environment, consumer behavior must also change. Should the bill also include provisions that would incentive consumers to participate in the take-back and mail-back programs?
   
3. Delayed operative date. Given the impact this bill would have on manufacturers of tobacco products with reusable components and the fact that they will need to either change their manufacturing practices or form a stewardship program, the author may wish to provide a delayed operative date to give affected parties time to come into compliance.
   
4. Outstanding policy issues. This is an ambitious bill that will continue to evolve through the Legislative process. The Committee may wish to consider directing the author to continue to work with Committee staff as the bill moves forward to address the various policy considerations addressed herein.
   

Related/Prior Legislation

SB 8 (Glazer) makes it an infraction punishable by a fine of up to $25 for a person to smoke, as defined, on a state coastal beach or in a unit of the state park system, as defined, or to dispose of used cigar or cigarette waste on a state coastal beach or in a unit of the state park system unless the disposal is made in an appropriate waste receptacle. SB 8 passed out of the Senate Natural Resources and Water Committee on March 12, 2019, by a vote of 7-2.

AB 1718 (Levine) makes it an infraction punishable by a fine of up to $25 for a person to smoke, as defined, on a state coastal beach or in a unit of the state park system, as defined, or to dispose of used cigar or cigarette waste on a state coastal beach or in a unit of the state park system unless the disposal is made in an appropriate waste receptacle. AB 1718 passed out of the Assembly Water, Parks, and Wildlife Committee on April 9, 2019, by a vote of 10 - 4.

SB 835 (Glazer, 2018) would have implemented a ban on smoking and disposing of tobacco products, as defined, at state parks and establishes an infraction punishable by a fine of up to $25 for a violation. SB 835 was vetoed by Governor Brown.

SB 836 (Glazer, 2018) would have prohibited smoking of cigarettes, cigars, pipes and other tobacco-products in state coastal beaches, as specified, and establish that a violation is an infraction with a fine of up to $25. SB 836 was vetoed by Governor Brown.

AB 2308 (Stone, 2018) would have prohibited the sale of cigarettes utilizing a single-use filter. AB 2308 failed passage in the Assembly Governmental Organization Committee.

SB 1333 (Block, 2016) would have prohibited the smoking of tobacco products on state coastal beaches and at state parks, as specified, and established that a violation is an infraction with a fine of up to $250. SB 1333 was vetoed by Governor Brown.

AB 48 (Stone, 2015) would have prohibited the sale of cigarettes utilizing a single-use filter. AB 48 was never heard in the Assembly Governmental Organization Committee.

AB 1504 (Stone, 2014) would have prohibited the sale of cigarettes utilizing a single-use filter. AB 48 failed passage in the Assembly Governmental Organization Committee.

AB 1142 (Bloom, 2013) would have prohibited smoking at state parks and beaches, as specified, and established that a violation is an infraction with a fine of up to $250. AB 1142 failed passage in the Assembly Governmental Organization Committee.

TRIPLE REFERRAL

This measure was heard in Senate Health Committee on April 10, 2019, and passed out of committee with a vote of 7-1. If this measure is approved by the Senate Environmental Quality Committee, the do pass motion must include the action to re-refer the bill to the Senate Judiciary Committee.

SOURCE:

National Stewardship Action Council

SUPPORT:

Alameda County, County Supervisor, District 4

California Association Environmental Health Administrators

California Product Stewardship Council

Californians Against Waste

Center for Oceanic Awareness, Research, and Education

Colorado Medical Waste, Inc.

Full Circle Environmental

Heal the Bay

Napa County, Public Works

National Stewardship Action Council (sponsor)

Plastic Pollution Coalition

RethinkWaste

Save Our Shores

Sea Hugger

Seventh Generation Advisors

Sierra Club, California

Steve Devine, Program Manager, Public Works, County of Napa

StopWaste

Supervisor Nate Miley, Alameda County

Surfrider Foundation

The 5 Gyres Institute

The Center for Oceanic Awareness, Research, and Education (COARE)

The Story of Stuff Project

The Story of Stuff Project

UPSTREAM

Wishtoyo Chumash Foundation

Zero Waste USA

OPPOSITION:

None received

-- END --

SENATE COMMITTEE ON HEALTH

Senator Dr. Richard Pan, Chair

BILL NO: SB 424

SUBJECT: Tobacco products: single-use and multiuse components

SUMMARY:

Prohibits a person or entity from selling, giving, or in any way furnishing to another person of any age in the state any single-use filters, plastic devices, electronic cigarettes, and vaporizer devices, as specified. Requires the manufacturer of these components to use materials eligible for recycling under state or local recycling programs to make any multiuse, reusable component, and to offer methods for recycling those components, as specified.

Existing law:

1. Requires the Department of Public Health (DPH) to establish and develop a program to reduce the availability of “tobacco products,” as defined, to persons under 21 years of age through authorized enforcement activities, as specified, pursuant to the Stop Tobacco Access to Kids Enforcement Act. [BPC §22950, et seq.]
2. Permits an enforcing agency, as specified, to assess civil penalties against any person, firm, or corporation that sells, gives, or in any way furnishes to another person who is under 21 any tobacco product, instrument, or paraphernalia that is designed for the smoking or ingestion of tobacco products, as specified, ranging from $400 to $6,000 for a first, second, third, fourth, or fifth violation within a five-year period. [BPC §22958]
3. Prohibits the sale, distribution, or nonsale distribution of tobacco products directly or indirectly to any person under 21 through the U.S. Postal Service or through any other public or private postal or package delivery service at locations, including, but not limited to, public mailboxes and mailbox stores. [BPC §22963]
4. Requires any person selling or distributing, or engaging in the nonsale distribution of, tobacco products directly to a consumer in the state through the U.S. Postal Service or by any other public or private postal or package delivery service, including orders placed by mail, telephone, facsimile transmission, or the Internet, to comply with specific provisions that include, but are not limited to:
5. Verifying that the purchaser or recipient of the product is 21 by attempting to match the name, address, and date of birth provided by the customer to information contained in records in a database of individuals whose age has been verified to be 21 or older by reference to an appropriate database of government records kept by the distributor, a direct marketing firm, or any other entity; or,
6. Requiring a customer or recipient of tobacco products to submit an age-verification kit consisting of an attestation signed by the customer or recipient that he or she is 21 or older, and a copy of a valid form of government identification, as specified. [BPC §22963]
7. Permits a district attorney, city attorney, or the California Attorney General to assess civil penalties against any person, firm, corporation, or other entity that violates 2) or 3) above of existing law ranging from $1,000 to $10,000 for a first, second, third, fourth, or fifth violation within a five-year period. [BPC §22963]
8. Defines “tobacco product” as a product containing, made, or derived from tobacco or nicotine that is intended for human consumption, as specified, including an electronic device that delivers nicotine or other vaporized liquids to the person inhaling from the device, and any component, part, or accessory of a tobacco product, whether or not sold separately. Prohibits any product approved by the federal Food and Drug Administration (FDA) for sale as a tobacco cessation product or for other therapeutic purposes, as specified, from being deemed a tobacco product. [BPC §22950.5]

This bill:

1. Prohibits a person or entity from selling, giving, or in any way furnishing to another person of any age in the state any of the following:
2. A cigarette utilizing a single-use filter made of any material, including cellulose acetate, any other fibrous plastic material, or any organic or biodegradable material;
3. An attachable and single-use plastic device meant to facilitate manual manipulation or filtration of a tobacco product; and,
4. A Single-use electronic cigarette and single-use vaporizer device.
5. Deems that the prohibition in 1) above applies to any direct or indirect transaction, whether made in person in this state or by means of any public or private method of shipment or delivery to an address in this state.
6. Requires the sale, gift, or other furnishing of one to 20 items specified in 1) above to constitute a single violation of the prohibition in 1) above.
7. Permits a city attorney, county counsel, or district attorney to assess a civil fine of $500 for each violation of the prohibition in 1) above. Requires fine moneys assessed to be deposited in the treasury of the entity that assessed the fine.
8. Encourages, but does not require, a city attorney, county counsel, or district attorney acting as an enforcing agency, as specified, to develop guidelines for its agency to conduct tobacco control investigations of violations, as specified.
9. Requires the manufacturer of a tobacco product to use materials eligible for recycling under state or local recycling programs, as specified, in existence as of January 1, 2020, to make any reusable, multiuse component of the tobacco product.
10. Requires a manufacturer of a reusable component to collect those components if it is not possible to meet the requirement in 6) above, or if the use of tobacco in or through the reusable component renders the component no longer eligible for recycling, either through:
11. Take-back collection bins that the manufacturer makes available to the public at every location that sells its tobacco products; or,
12. A mail-back program that uses safe-for-handling containers that the manufacturer makes available to the public at every location that sells its tobacco products.
13. Requires a manufacturer, when a reusable component would be designated as household hazardous waste at the end of the component’s life, as specified, to collect that reusable component and send it to the appropriate recycler, or to reimburse household hazardous waste collection facilities, as specified, for the costs of collecting and recycling the reusable components.
14. Permits the manufacturer of a reusable component to fund and join a stewardship organization with other manufacturers to meet the requirements in 7) above, related to take-back collection bins or mail-back programs. Requires a stewardship organization to submit to the Department of Resources Recycling and Recovery (CalRecycle) a stewardship plan for approval, as specified.
15. Prohibits the costs of administering a take-back or mail-back program to be passed on to consumers through a visible fee.
16. Requires manufacturers of reusable components, individually or through the stewardship organization, to provide an annual report to CalRecycle that describes compliance, as specified.
17. Permits CalRecycle to adopt regulations to implement provisions in this bill. Permits CalRecycle to collect a fee, as specified, for enforcing and administering provisions in this bill from the manufacturer.
18. Permits CalRecycle to impose an administrative penalty on a manufacturer for violating provisions in this bill that does not exceed $10,000 per day unless the violation is intentional, knowing, or reckless, upon which the administrative penalty is prohibited from exceeding $50,000 per day. Requires CalRecycle to deposit all penalties to the Tobacco Product Stewardship Account.

FISCAL EFFECT:

This bill has not been analyzed by a fiscal committee.

COMMENTS:

1. Author’s statement. According to the author, tobacco product waste is a pervasive problem that has reached a crisis point. Single use filters, otherwise known as ‘cigarette butts’, can be found in every corner of this state, including our beaches, parks, coasts, and waters. Cigarette butts are the number one type of litter found in public clean-ups. Other tobacco product litter is increasingly found across the state. Tobacco product waste not only impacts the environment as other waste, like plastics, the tobacco-related component of that waste additionally pollutes toxic chemicals that adversely impairs ecosystems and kills wildlife. Tobacco product litter can be accidentally consumed by pets and small children, resulting in toxic harms. Municipalities spend millions on the clean-up of tobacco product waste, and, increasingly, millions more when waterways are rendered out of compliance with water quality laws because of tobacco waste pollution. Without a comprehensive program to bring manufacturer responsibility and recyclability standards into the equation, the public taxpayer will continue to pay for improper disposal of these products.
2. Smoking prevalence. According to the federal Centers for Disease Control and Prevention (CDC), nearly 90% of smokers in the U.S. started smoking by the age of 18, and 98% started by age 26. The CDC reports that if smoking continues at the current rate in the U.S., 5.6 million of today’s youth under the age of 18 (about one of every 13) will die early from a tobacco-related disease. Each day in the U.S., more than 3,200 youth aged 18 years or younger smoke their first cigarette, and an additional 2,100 youth and young adults become daily cigarette smokers. Flavorings in tobacco products can make them more appealing to youth. According to the CDC, in 2014, 73% of high school students and 56% of middle school students who used tobacco products in the past 30 days reported using a flavored tobacco product. From 2011 to 2016, cigarette smoking declined among middle and high school students. However, the use of electronic cigarettes increased among the same population during the same time: 4.3% of middle school students reported in 2016 that they used electronic cigarettes, which was an increase from 0.6% in 2011, and 8% of high school students reported having used electronic cigarettes, which was an increase from 1.5%.

According to a 2018 report by DPH, California Tobacco Facts and Figures, among adult users of other tobacco products (such as electronic smoking devices, or ESDs) in California, 70.3% reported using flavored products in the past six months, and eight out of ten young adults 18 to 24 that currently use ESDs reported flavor usage. The report states that one of the reasons for the high rate of flavored use among young adults may be due to the popularity of ESDs. California data indicates that ESD use rate is approximately 10% for young adults ages 18 to 24. DPH states that flavored tobacco products are driving youth experimentation, as more than 80% of youth who ever used a tobacco product reported that their first product was flavored. While teen cigarette smoking in 2016 was low (4.3%), overall tobacco use among teens is stagnant: 13.6% compared to a smoking rate of 13.8% in 2010. However, the proliferation of tobacco product categories (cigarettes; chew and snus tobacco; cigarillos and little cigars; hookah; and a variety of ESDs), flavored products, and the evolution of tobacco marketing appear to be fueling teens switching from traditional cigarettes to a new generation of products.

While this bill is primarily focused on the environmental impact of wasteful single-use tobacco product components and not on the increase in youth use, research by Committee staff indicates that often single-use components, such as single-use vape pens, are cheaper than rechargeable, multiuse devices. While there is no data available on youth use of single-use vape pens specifically, the proliferation of youth use of ESDs may also include use of single-use electronics cigarettes and vape pens.

1. Tobacco-related diseases. Every year, cigarette smoking causes more than 480,000 deaths in the U.S. The CDC reports that smoking causes more deaths each year than the following causes combined: HIV, illegal drug and alcohol use, motor vehicle crashes, and firearm-related incidents. Smoking also causes about 90% of all lung cancer deaths and about 80% of all deaths from Chronic Obstructive Pulmonary Disease (COPD). Estimates also show that smoking increases the risk of coronary heart disease and stroke by two to four times, as well as the risk of men and women developing lung cancer by 25 times. Smoking causes diminished overall health, increased absenteeism from work, and increased health care utilization and cost. The CDC reports that just one year after quitting smoking, the risk for heart attack drops sharply, and within two to five years, the risk for stroke may reduce to about that of a nonsmoker. Within five years of quitting smoking, risks for cancers of the mouth, throat, esophagus, and bladder drop by about half. The risk for lung cancer also drops by about half after ten years of having quit smoking.
2. FDA actions. The FDA has issued several statements over the past couple of years focusing on youth access to tobacco products. Specifically, the FDA is concerned about youth access to ESDs, as the youth use rate has reached epidemic status. According to the FDA, the most recent data shows more than 3.6 million middle and high school students across the nation were current (past 30 day) ESD users in 2018, which is an increase of 1.5 million children since the previous year. The data also showed that youth who used ESDs were also using them more frequently and were using flavored products more often than in 2017. In various statements, the FDA commissioner signaled that most flavored tobacco products would be banned from retail locations. However, in March 2019, the FDA commissioner issued a statement announcing that manufacturers and retailers were being put on notice that they could be subject to FDA enforcement for selling certain flavored ESD products without authorization. The FDA announced it would prioritize enforcement to focus on protecting youth from becoming addicted to nicotine, which includes the retail sale of ESDs that are offered in ways that pose a greater risk for minors’ access to the products, such as retail and online sales without heightened age verification, and products that appeal to kids or that resemble non-ESD products like USB devices. In September 2018, the FDA commissioner issued a statement stating that the FDA would not tolerate a whole generation of young people becoming addicted to nicotine as a tradeoff for enabling adults to have unfettered access to the same products. As a result, the FDA initiated a Youth Tobacco Prevention Plan that focuses on preventing youth access to tobacco products, curbing the marketing of tobacco products aimed at youth, and educating teens about the dangers of using any tobacco products. In the September 2018 statement, the FDA announced issuing 12 warning letters to companies that continued to advertise and sell products to youth. Earlier the same year the FDA had also issued 56 warning letters and six civil monetary penalties to retailers as part of its enforcement action to limit access of tobacco products to youth. The FDA also sent letters to five ESD manufacturers whose products were sold to kids during the FDA’s ramped up enforcement period. The five ESD manufacturers collectively represent more than 97% of the current market for ESDs—JUUL, Vuse, MarkTen, blu e-cigs, and Logic. The FDA requested that these companies provide robust plans on how they will address the widespread use of their products by minors or face increased enforcement.

JUUL announced in November 2018 that it was taking action to curb youth access, such as selling flavored JUUL pods on its Website only, using an enhanced online age verification system, shutting down its Facebook and Instagram accounts, and using its Twitter account for non-promotional communication only, and developing a next-generation device with access restrictions at the user level.

1. Triple referral. This bill has been triple referred. Should it pass out of this Committee, it will be referred to the Senate Environmental Quality and Judiciary Committees.
2. Related legislation. AB 739 (McCarty and Wood) and SB 38 (Hill, Glazer, McGuire, and Portantino) prohibit a tobacco retailer, or any of the tobacco retailer’s agents or employees, from selling, offering for sale, or possessing with the intent to sell or offer for sale a flavored tobacco product. AB 739 is pending in the Assembly Governmental Organization Committee. SB 38 passed out of this Committee on March 27, 2019, by a vote of 8-1.

AB 1718 (Levine) and SB 8 (Glazer) make it an infraction punishable by a fine of up to $25 for a person to smoke, as defined, on a state coastal beach or in a unit of the state park system, as defined, or to dispose of used cigar or cigarette waste on a state coastal beach or in a unit of the state park system unless the disposal is made in an appropriate waste receptacle. AB 1718 is set to be heard in the Assembly Water, Parks, and Wildlife Committee on April 9, 2019. SB 8 passed out of the Senate Natural Resources and Water Committee on March 12, 2019, by a vote of 7-2.

AB 1625 (Robert Rivas) would require the Attorney General to establish and maintain his list of tobacco product brand styles that lack a characterizing flavor, as defined. AB 1625 is pending in the Assembly Governmental Organization Committee.

SB 39 (Hill, Glazer, and Portantino) requires sellers, distributors, and nonsale distributors to deliver tobacco products only in conspicuously marked containers, as specified, and to obtain the signature of a person 21 years of age or older before delivering a tobacco product. SB 39 passed out of this Committee on March 27, 2019, by a vote of 9-0.

1. Prior legislation. AB 2308 (Stone of 2018), AB 48 (Stone of 2015), and AB 1504 (Stone of 2014) would have prohibited the sale of cigarettes utilizing single-use filters. AB 2308 failed passage in the Assembly Governmental Organization Committee. AB 48 was never heard in the Assembly Governmental Organization Committee. AB 1504 failed passage in the Assembly Governmental Organization Committee.

SB 835 (Glazer of 2018) would have implemented a ban on smoking and disposing of tobacco products, as defined, at state parks and establishes an infraction punishable by a fine of up to $25 for a violation. SB 835 was vetoed by Governor Brown who stated that he had vetoed similar measures in each of the last two years, and the third time is not always a charm. Governor Brown stated his opinion on the matter had not changed, and we have many rules telling us what we can't do and these are wide open spaces.

SB 836 (Glazer of 2018) would have prohibited smoking of cigarettes, cigars, pipes and other tobacco-products in state coastal beaches, as specified, and establish that a violation is an infraction with a fine of up to $25. SB 836 was vetoed by Governor Brown, who issued the same veto message as for SB 835.

SCR 143 (Pan of 2018) would have encouraged major motion picture studios to give a Restricted (R) rating to any new film designed for viewing by children and adolescents that shows or implies smoking or tobacco use. SCR 143 failed passage in the Assembly Health Committee.

AB 1097 (Levine of 2018) was substantially similar to SB 835. AB 1097 was vetoed by Governor Brown, who issued the same veto message as SB 835.

SB 386 (Glazer of 2017) would have prohibited the smoking of cigarettes, cigars, pipes, and other tobacco products at state parks and state coastal beaches, as specified, and established that a violation is an infraction with a fine of up to $100. SB 386 was vetoed by Governor Brown who stated that such a far-reaching prohibition in every state park and on every state beach is too broad. In addition, the fine prescribed in SB 386 for lighting one cigarette is excessive. If people can't smoke even on a deserted beach, where can they? There must be some limit to the coercive power of government.

AB 725 (Levine of 2017) would have prohibited smoking of tobacco products on state coastal beaches and at state parks, as specified, and established that a violation is an infraction with a fine of up to $50. AB 725 was vetoed by Governor Brown, who issued the same veto message as SB 386.

SB 1333 (Block of 2016) would have prohibited the smoking of tobacco products on state coastal beaches and at state parks, as specified, and established that a violation is an infraction with a fine of up to $250. SB 1333 was vetoed by Governor Brown who stated the complete prohibition in all parks and beaches is too broad, and a more measured and less punitive approach might be warranted.

SBX2 5 (Leno, Chapter 7, Statutes of 2016) recasts and broadens the definition of “tobacco product” to include ESDs, and extends current restrictions and prohibitions against the use of tobacco products to ESDs.

SBX2 7 (Hernandez, Chapter 8, Statutes of 2016) increases the minimum legal age to purchase or consume tobacco from 18 to 21. Removes penalty provisions for those under 21 in possession of tobacco and exempts military personnel from the age increase.

ABX2 7 (Stone, Chapter 4, Statutes of 2016) extends the workplace-smoking ban and closes loopholes, among other things, to address secondhand smoke.

SB 977 (Pan, Chapter 537, Statutes of 2016) prohibits a person from smoking a tobacco product, as defined, within 250 feet of a youth sports event, as defined. Broadens the definition of “smoke or smoking” in existing law.

SB 591 (Pan of 2015) would have imposed an additional cigarette tax at a rate of $2.00 per package of 20 cigarettes, and a corresponding rate for a cigarette tax stamp. SB 591 was placed on the Senate Floor inactive file, and no further action was taken.

AB 768 (Thurmond, Chapter 779, Statutes of 2015) prohibits, commencing December 1, 2016, the use or possession of smokeless tobacco products, as defined, on the playing field of a baseball stadium during a professional baseball game or practice.

SB 648 (Corbett of 2013) would have extended the restrictions and prohibitions against the smoking of tobacco products to include restrictions or prohibitions against ESDs in various places, including, but not limited to, places of employment, school campuses, public buildings, day care facilities, retail food facilities, and health facilities. SB 648 failed passage in the Assembly Appropriations Committee.

SB 768 (De León of 2013) was substantially similar to SB 591. SB 768 was held on the Senate Appropriations suspense file.

AB 1142 (Bloom of 2013) would have prohibited smoking at state parks and beaches, as specified, and established that a violation is an infraction with a fine of up to $250. AB 1142 failed passage in the Assembly Governmental Organization Committee.

1. Support. The sponsor and others supporters state it is their mission to shift California’s product waste management system from one focused on government-funded and ratepayer financing to one that relies on producer responsibility in order to reduce public costs and drive improvements in product design. Supporters argue that tobacco waste is extremely costly to local government and those costs will dramatically increase as state water capture requirements are phased-in. Supporters state this bill will reduce tobacco waste at the source and prevent pollution, and pollution prevention is far less expensive than end-of-life capture devices and clean-up, which never capture the chemicals and all the pollution from tobacco waste.
2. Opposition. The California Fuels and Convenience Alliance (CFCA) states that this bill has significant impact on small, minority- and family-owned businesses. CFCA argues that evidence has shown that this type of approach simply leads to more online sales and more illegal activity from out-of-state sellers who will import the product, and while they understand the need to reduce liter and waste, this bill will not reduce that waste since tobacco users will continue to obtain these products through other means.
3. Technical amendment. This bill currently references a definition for “electronic cigarettes” in the Revenue and Taxation Code in relation to cigarette and tobacco products surtax. The author may wish to instead reference the definition of tobacco product, which includes electronic devices, in the Business and Professions Code, as follows (in bold, italic, and underline):

42984. For purposes of this chapter, the following definitions apply:

(a) “Electronic cigarette” has the same meaning specified in Section 30121 of the Revenue and Taxation Code. as an electronic device included within the definition of “tobacco product” as defined in section 22950.5 of the Business and Professions Code. “Electronic cigarette” includes, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah.

(b) “Mail-back program” has the same meaning specified in subdivision (m) of Section 42030.

(c) “Reusable component” means a multiuse cigarette filter or a multiuse electronic cigarette that is designed to work for at least one year with daily use.

SUPPORT AND OPPOSITION:

Support: National Stewardship Action Council (sponsor)

California Association Environmental Health Administrators

Californians Against Waste

California Product Stewardship Council

Colorado Medical Waste, Inc.

Full Circle Environmental

Heal the Bay

Plastic Pollution Coalition

Save Our Shores

Sea Hugger

Seventh Generation Advisors

Sierra Club California

StopWaste

Surfrider Foundation

The 5 Gyres Institute

The Center for Oceanic Awareness, Research, and Education

The Story of Stuff Project

UPSTREAM

Wishtoyo Chumash Foundation

Zero Waste USA

Oppose: California Fuels and Convenience Alliance