The Plastic Pollution Prevention and Packaging Producer Responsibility Act covers certain single-use packaging and plastic single-use food service ware, as provided. As part of its comprehensive statutory scheme, the act requires producers of those covered materials to reduce and recycle the covered plastic material and to ensure that covered materials that are offered for sale, distributed, or imported in or into the state on or after January 1, 2032, are recyclable or compostable, as provided. The act prohibits a producer from selling, offering for sale, importing, or distributing covered materials in the state unless the producer is approved to participate in the producer responsibility plan of a producer responsibility organization, as prescribed, for the source reduction, collection, processing, and recycling of covered material, except as provided. The act requires the Department of Resources Recycling and Recovery to adopt regulations necessary to implement and enforce the act, as specified. The act also requires the department to report to the Legislature, by January 1 of each odd-numbered year, the departments progress in implementing the act, as specified.

This bill would instead require the department to make that report to the Legislature by January 2 of each odd-numbered year.

Date of Hearing: August 5, 2026

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Buffy Wicks, Chair

SBPCA Bill Id:SB 1010

Author:(Ashby) – As Amended Ver:June 11, 2026

Urgency: No State Mandated Local Program: Yes Reimbursable: No

SUMMARY:

This bill updates the requirements for managing discarded major appliances under the Certified Appliance Recycler (CAR) program, managed by the Department of Toxic Substances Control (DTSC).

Specifically, this bill, among other things:

1) Requires a CAR, and any person who transports, delivers, or sells discarded major appliances to a scrap recycling facility that is also a CAR, to provide specified information related to the recycling of major appliances to DTSC.

2) Requires a person wishing to operate as a CAR, as part of their initial or renewal application to DTSC, to additionally (a) include a description of the facility, including how and where the materials requiring special handling (MRSH) will be stored and managed onsite and (b) register with the certified unified program agency (CUPA), if there is one in the applicant’s jurisdiction.

3) Requires DTSC to, in addition to existing requirements, visit the applicant’s facility before issuing a certificate to an applicant wishing to operate as CAR.

4) Requires the CUPA, upon issuance of a certificate to be a CAR for a facility within the CUPA's jurisdiction, to, as soon as practicable, but no later than six months after issuance of the certificate, inspect the CAR's facility for compliance with requirements of the hazardous waste control law (HWCL) and the requirements for being a CAR.

5) Authorizes DTSC to impose a fee on an applicant for the initial certification to become a CAR, and on a CAR for renewal, to cover DTSC's reasonable and actual regulatory costs for implementing the requirements of the CAR program, including the adoption of regulations.

6) Prohibits, except under specified conditions, a scrap recycling facility from accepting a discarded major appliance from anyone other than a CAR.

7) Requires a scrap recycling facility to document each appliance it receives and confirm that the MRSH have been removed from the appliance and requires the scrap recycling facility to report this information annually to DTSC.

8) Specifies that a violation of the CAR program is a violation of the HWCL.

9) Requires DTSC to (a) post a list of CARs on its website and (b) on and after January 1, 2028, post on its website the number of appliances, by type, processed by a CAR each year, as well as the number of appliances, by type, accepted by a scrap recycling facility, as specified.

FISCAL EFFECT:

1) DTSC asserts this bill makes substantial changes to its CAR program and estimates ongoing annual costs of $8.2 million for 27 positions for implementation and oversight activities, including regulation development and adoption, increased enforcement activity, inspections (DTSC receives between 70 and 100 CAR certification or renewal requests annually), fee establishment and administration, documentation receipt and review, and information technology system development. DTSC notes these costs would be split between the Hazardous Waste Control Account (HWCA) and the Hazardous Waste Facilities Account (HWFA). HWCA is supported by the generation and handling (G&H) fee and HWFA is supported by the facility fee, set annually by the Board of Environmental Safety, based on DTSC’s budget and fund balance. An increase in expenditures from HWCA and HWFA will result in an increase to both the G&H and facility fees.

It is not clear the extent to which fees on CAR applicants and on CARs, as authorized by this bill, may offset the department’s ongoing implementation and enforcement costs.

2) By imposing additional requirements on CUPAs (local agencies certified by the Secretary of the California Environmental Protection Agency to implement and enforce specific hazardous waste and hazardous materials management regulatory programs, referred to as the “unified program”), this bill creates a state-mandated local program. Generally speaking, a CUPA has the authority to impose a fee on regulated entities to recover the necessary and reasonable costs to administer the unified program. Therefore, any increased costs incurred by the CUPAs to implement this bill are likely not reimbursable by the state. However, if the Commission on State Mandates determines this bill’s requirements to be a reimbursable state mandate, the state would need to reimburse these costs to CUPAs.

COMMENTS:

1) Purpose. According to the author:

SB 1010 establishes oversight of California's [CAR] program by improving reporting, inspections, and certification requirements. This bill provides regulators with better information on appliance recycling standards and helps ensure hazardous materials are properly removed and managed before appliances are recycled. In doing so, SB 1010 promotes safer handling practices for workers who manage and recover these materials.

2) Background. Appliances are valuable sources of scrap metal when they become obsolete or are no longer needed. However, some appliance components contain materials that may be harmful to human health and the environment if they are not properly removed and managed prior to recycling; these harmful materials are referred to as MRSH. Because major appliances might be hazardous, California law requires such appliances, and certain materials within those appliances, be properly removed and managed.

A person wishing to remove MRSH from major appliances must be certified by DTSC. The department may issue a CAR certificate to an applicant who submits an application containing specified information, including an adequate description of the applicant’s ability to properly remove and manage all MRSH.

Writing in support, a coalition of organizations argues that while existing law prohibits the disposal or landfilling of metallic waste, such as large appliances, many units are not properly processed to recover all the hazardous components. The coalition writes:

These components must be removed by [CARs] regulated by [DTSC] under the CAR program. This is the classic “ban without a plan” situation that leaves the waste industry without funding for safe management to final disposition for covered products and increasing occurrences of illegal dumping.

SB 1010 provides a funding mechanism for CAR oversight through a certification fee and additional authority to use those funds on enforcement. Expanding enforcement authority ensures these appliances, and their components, are safely managed and DTSC has funding and authority to fully enforce on all businesses managing household cooling appliances.

Writing in an oppose-unless-amended position, the Recycled Materials Association – West Coast Chapter notes it has some outstanding concerns with the bill language – although the letter does not specify what those concerns are – and that they continue to work with the author’s office to rectify those concerns.

Analysis Prepared by: Nikita Koraddi / APPR. / (916) 319-2081

Date of Hearing: June 30, 2026

ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS

Damon Connolly, Chair

SBPCA Bill Id:SB 1010

Author:(Ashby) – As Amended Ver:June 11, 2026

SENATE VOTE: 30-9

SUBJECT: Hazardous waste: major appliances: recycling

SUMMARY: Updates the requirements for managing discarded major appliances under the certified appliance recycler (CAR) program, managed by the Department of Toxic Substances Control (DTSC). Specifically, this bill:

1) Requires a certified appliance recycler and any person that transports, delivers, or sells discarded major appliances to a scrap recycling facility that is also a CAR, to provide to DTSC specified information about the discarded major appliances that it sold, delivered, transported, or received.

2) Updates the information required as part of the application submitted to DTSC to become a CAR to include a description of the facility, including but not limited to, how and where the materials requiring special handling (MRSH) will be stored and managed onsite, and registering with the certified unified program agency (CUPA), if there is one in the jurisdiction of the facility seeking to become a CAR.

3) Requires the CUPA, upon the issuance of a certificate to be a CAR for a facility within the CUPA's jurisdiction, to, as soon as practicable, but no later than six months after issuance of the certificate, inspect the CAR's facility for compliance with requirements of the hazardous waste control law (HWCL) and the requirements for being a CAR.

4) Authorizes DTSC to impose a charge on an applicant for the initial certification to become a CAR, and on the renewal for certification of being a CAR, in order to cover DTSC's reasonable and actual regulatory costs for implementing the requirements of the CAR program.

5) Prohibits, except under specified conditions, a scrap recycling facility from accepting a discarded major appliance from anyone other than a CAR.

6) Requires a scrap recycling facility to document each appliance it receives and confirm that the materials that require special handling have been removed from the appliance. Requires the scrap recycling facility to report this information to DTSC.

7) Clarifies that a violation of the CAR program is a violation of the HWCL.

8) Requires DTSC to post a list of certified appliance recyclers on its internet website.

9) Requires, on and after January 1, 2028, DTSC to post on its internet website the number of appliances, by type, processed by a CAR each year, as well as the number of appliances, by type, accepted by a scrap recycling facility.

EXISTING LAW:

1) Creates the HWCL, which authorizes DTSC to regulate the management of hazardous waste in California. (Health and Safety Code (HSC) § 25100 et. seq.)

2) Authorizes DTSC to deny, suspend, or revoke any permit, registration, or certificate applied for, or issued pursuant to, the HWCL. Includes within this authority the ability of DTSC to deny, suspend, or revoke any permit, registration, or certificate applied for any violation of various state and federal environmental laws and regulations further specified. (HSC § 25186)

3) Defines "metal shredding facility" as an operation that uses a shredding technique to process end-of-life vehicles, appliances, and other forms of scrap metal to facilitate the separation and sorting of ferrous metals, nonferrous metals, and other recyclable materials from nonrecyclable materials that are components of the end-of-life vehicles, appliances, and other forms of scrap metal. "Metal shredding facility" does not include a feeder yard, a metal crusher, or a metal baler, if that facility does not otherwise conduct metal shredding operations. (HSC § 25150.82 (b))

4) Requires MRSH to be removed from major appliances and vehicles in which they are contained prior to crushing for transport or transferring to a baler or shredder for recycling. (PRC § 42175)

5) Defines "major appliance" as any domestic or commercial device, including, but not limited to, a washing machine, clothes dryer, hot water heater, dehumidifier, conventional oven, microwave oven, stove, refrigerator, freezer, air-conditioner, trash compactor, and residential furnace. (Public Resources Code (PRC) § 42166)

6) Defines "certified appliance recycler or CAR" as a person or entity engaged in the business of removing and properly managing MRSH from discarded major appliances, and who is certified by DTSC. (HSC § 25211)

7) Defines "scrap recycling facility" as a facility where machinery and equipment are used for processing and manufacturing scrap metal into prepared grades and whose principal product is scrap iron or nonferrous metallic scrap for sale for remelting purposes. A scrap recycling facility includes, but is not limited to, a feeder yard, a metal shredding facility, a metal crusher, and a metal baler. (HSC § 25211)

8) Prohibits a person, other than a CAR or an appliance service technician certified to remove refrigerant from major appliances under federal regulations, from removing MRSH from a major appliance. (HSC § 25211.1)

9) Requires, except as specified, a person who transports, delivers, or sells discarded major appliances to a scrap recycling facility to provide evidence that they are a CAR, and that all MRSH have been removed from the appliances. (HSC § 25211.2)

10) Requires, on and after January 1, 2008, a person wishing to operate as a CAR, to submit an initial or renewal application to DTSC containing specified information. (HSC § 25211.4)

11) Prohibits MRSH that are contained in major appliances from being disposed of at a solid waste facility. Requires MRSH to be removed from major appliances before the appliance is crushed, baled, shredded, sawed or sheared apart, disposed of, or otherwise processed in a manner that could result in a release of the MRSH. Provides that a person who violates these prohibitions and requirements is in violation of the HWCL. (HSC § 25212 (a))

12) Declares that all MRSH removed from a major appliance are a hazardous waste and are subject to all provisions of the HWCL. (HSC § 25212 (c))

13) Requires DTSC, a local health officer, or a CUPA, to incorporate into their existing inspection and enforcement activities the regulation of MRSH and oversight of the proper managment of MRSH from major appliances, including the prohibition on disposing a major appliance at a solid waste facility. (HSC § 25212 (e))

14) Defines "Certified Unified Program Agency" or "CUPA" as the agency certified by the Secretary of the California Environmental Protection Agency (CalEPA) to implement the unified program within a jurisdiction. (HSC § 25404(a)(1)(A))

15) Defines "Unified Program Agency" or "UPA" as the CUPA to implement or enforce a particular Unified Program element. UPAs have the responsibility and authority to implement and enforce the unified program requirements and implementing regulations. (HSC § 25404(a)(1)(C))

16) Requires the Secretary of CalEPA to adopt implementing regulations and implement a unified hazardous waste and hazardous materials management regulatory program, known as the Unified Program. (HSC § 25404(b))

FISCAL EFFECT: Unknown.

COMMENTS:

Need for the bill: According to the author,

"Many of the household appliances we use every day – such as refrigerators, freezers, and air conditioners – contain refrigerants and other hazardous materials. When not properly handled at the end of their useful life, these hazardous materials can escape into the atmosphere with serious climate consequences. The impact of proper recovery is clear – for every 1,000 refrigerators responsibly recycled, emissions are reduced by the equivalent of removing 1,500 cars from the road for a year.

Current law requires recyclers to remove hazardous materials from appliances before recycling, but it does not require consistent reporting or disclosure of those standards. Therefore, we are not maximizing the potential reductions in hazardous materials being introduced into the environment at the level we should be in California.

SB 1010 establishes oversight of California's Certified Appliance Recycler program by improving reporting, inspections, and certification requirements. This bill provides regulators with better information on appliance recycling standards and helps ensure hazardous materials are properly removed and managed before appliances are recycled. In doing so, SB 1010 promotes safer handling practices for workers who manage and recover these materials.

By improving accountability and transparency, SB 1010 supports California's climate goals and strengthens the state's appliance recycling system."

California Hazardous Waste Control Law (HWCL): The HWCL is the state's program that implements and enforces federal hazardous waste law in California and directs DTSC to oversee and implement the state's HWCL. Any person who stores, treats, or disposes of hazardous waste must obtain a permit from DTSC. The HWCL covers the entire management of hazardous waste, from the point that hazardous waste is generated to management, transportation, and ultimately disposal of waste into a state- or federally-authorized facility.

Certified Appliance Recycler (CAR): A person wishing to remove MRSH from major appliances is required to be certified by DTSC. DTSC issues a CAR certificate to any applicant who submits an application containing all of the information required by the law, including an adequate description of their ability to properly remove and manage all MRSH. Under existing law, a person may only transport, deliver, or sell discarded major appliances containing MRSH to a CAR, or a scrap recycling facility that is a CAR. The CAR is required to remove any MRSH prior to processing an appliance for scrap metal (e.g., by crushing, bailing, shredding, sawing, or sheering), and the CAR must maintain a record containing the following information:

1) The amount, by volume or weight, or both, of each material that requires special handling;

2) The method used by the appliance recycler to recycle, dispose of, or otherwise manage each material that requires special handling, including the name and address of the facility to which each material was sent; and,

3) The number and types of appliances from which materials that require special handling are removed each year.

An abandoned (or orphaned appliance) appliance may be delivered to a scrap recycling facility by a person other than a CAR, provided that the receiving facility is a CAR and the person delivering the appliance completes the certified appliance orphan waste form required by DTSC. An "abandoned appliance," or "orphaned appliance," is an appliance that is found already processed in a way that could result in the release, or prevent the removal, of MRSH.

Certified Unified Program Agencies (CUPAs): CUPAs are local agencies certified by the Secretary of CalEPA to implement and enforce six "unified hazardous waste and hazardous materials management" regulatory programs (Unified Program). Currently, there are 81 CUPAs in California tasked with implementation and enforcement of the following:

1. Hazardous Materials Release Response Plans and Inventories (Business Plans);
2. California Accidental Release Prevention Program (CalARP);
3. Underground Storage Tank Program (USTP);
4. Aboveground Petroleum Storage Act (APSA);
5. Hazardous Waste Generator and Onsite Hazardous Waste Treatment Programs; and,
6. California Uniform Fire Code: Hazardous Material Management Plans and Hazardous Material Inventory Statements.

Hazardous Waste Generator and Onsite Hazardous Waste Treatment Programs: State and federal law and regulation require businesses to manage their hazardous waste from the point of generation until proper disposal or recycling. This includes labeling and storage requirements and ensuring it is properly transported to a facility authorized to receive hazardous waste. Additionally, there are requirements for entities that treat their hazardous waste on-site. CUPAs enforce hazardous waste generator requirements as well as onsite hazardous waste treatment requirements within their jurisdiction.

This bill: SB 1010 updates the inspection requirements of a CAR by a CUPA to include inspecting the CAR within 6 months of the facility receiving certification as a CAR. The CUPA would inspect the CAR for compliance with the CAR program and the HWCL.

Enforcement Actions: Over the past several years, DTSC has taken enforcement action against entities involved in the handling of MRSH from major appliances. Below are a couple examples:

1) Royal Recycling, Modesto, CA: According to the consent order signed by the parties in 2024, DTSC alleges that Royal Recycling "processed major appliances in a manner that could result in the release or prevent the removal of materials requiring special handling. On June 5, 2019, DTSC observed piles of appliances including refrigerators and ovens with their MRSH intact that were piled up near the baler waiting to be baled. DTSC also observed MRSH still intact in major appliances located in the scrap pile for disposal. On February 11, 2022, DTSC observed several appliances with MRSH still intact in the scrap pile. In the appliances that were accessible, DTSC found microwaves with capacitors still intact and refrigerators with compressors still intact. At least two refrigerators with compressors had already been baled." This facility paid a fine of $134,000 for the alleged violations, and DTSC's compliance requirements included correcting all violations alleged and immediately complying with all requirements of the HWCL.

2) Express Metal Recycling, Sun Valley, CA: According to the consent order signed by the parties in 2024, DTSC alleges that Express Metal Recycling "removed MRSH without being a CAR; treating major appliances before removing all MRSH, and removing ballasts, capacitors, and compressors without a permit or authorization from DTSC; failing to minimize the release of hazardous wastes or hazardous waste constituents into the air, soil or water or surface water; and, accepting, storing, and treating hazardous waste without a permit or authorization from DTSC." This facility paid a fine of $100,000 for the violations alleged and DTSC's compliance requirements included operating and maintaining the facility in compliance with all of the statutory and regulatory requirements of the HWCL.

This bill: SB 1010 updates the requirements for managing discarded major appliances under the CAR program, managed by DTSC. The CAR program was statutorily created in 2004 and other than some amendments in 2007, has largely been unchanged. This bill could help ensure that DTSC and the CUPAs have the tools needed to ensure that all of these facilities process appliances in accordance with hazardous waste laws and regulations.

Ongoing stakeholder conversations: The author is continuing to work with stakeholders. Conversations include, but are not necessarily limited to, clarifying the roles and responsibilities of DTSC and the CUPAs, clarifying reporting requirements of scrap recycling facilities, and understanding the reponsibilities required of DTSC and the fees that support those costs.

Arguments in support: According to a coalition of organizations, including local governnments and environmental organizations:

"Refrigerators, freezers, air conditioners, and other cooling appliances contain refrigerants, which are gases used to absorb and release heat. Federal mandates require proper management of refrigerants prior to disposal, but without an active enforcement, improper handling during the reuse and recycling processes can result in the release of these gases into the atmosphere, undermining California’s climate progress. Simultaneously, there is no statewide program for safely recovering and managing the appliances that contain refrigerants. Even California's most robust voluntary recycling efforts have reached only a fraction of appliances at end-of-life.

While existing law, AB 1760 (Eastin, 1991), prohibits disposal/landfilling of metallic waste, such as large appliances, including refrigeration units, many units are not properly processed to recover all the hazardous components, such as HFCs, compressor oils, capacitors, etc. These components must be removed by Certified Appliance Recyclers (CAR) regulated by the Department of Toxic Substance Control (DTSC) under the CAR program.

SB 1010 provides a funding mechanism for CAR oversight through a certification fee and additional authority to use those funds on enforcement. Expanding enforcement authority ensures these appliances, and their components, are safely managed and DTSC has funding and authority to fully enforce on all businesses managing household cooling appliances."

Arguments in opposition: According to the Recycled Materials Association – West Coast Chapter, writing in an opposed-unless-amended position:

"We are encouraged by the new direction the bill has taken twoards enforcement, and we appreciate the author's willingness to work with us. We still, however, have some concerns with the current language. We will continue to work with the author's office in an attempt to rectify these concerns."

Related legislation:

1) SB 811 (Caballero). Requires the owner or operator of a metal shredding facility to obtain a permit from DTSC. Prohibits a metal shredding facility from operating in the state without a permit. Includes within the permit: requirements for managing various wastes within and leaving the facility, measures to prevent fires, and measures to reduce impacts to communities near the facility. Provides that local and state regulators retain enforcement authority with respect to metal shredding facilities, as that authority exists under current law. This bill is pending before the Assembly Environmental Safety and Toxic Materials Committee.

2) SB 404 (Caballero, 2025). Would have required the owner or operator of a metal shredding facility to obtain a permit from DTSC. Would have prohibited a metal shredding facility from operating in the state without a permit. Would have provided that local and state regulators retain enforcement authority with respect to metal shredding facilities, as that authority exists under current law. This bill was vetoed by Governor Gavin Newsom.

3) AB 2277 (Dymally, Chapter 880, Statutes of 2004). On and after January 1, 2006, prohibits a person other than a CAR from either: 1) removing MRSH from major appliances; or, 2) transporting, delivering, or selling discarded major appliance to a scrap recycling facility (SRF), except as specified.

REGISTERED SUPPORT / OPPOSITION:

Support

7th Generation Advisors
A Voice for Choice Advocacy
California Product Stewardship Council
Californians Against Waste
Center for Environmental Health
Circular Polymers
City of Roseville
City of San Jose
City of Thousand Oaks
CleanEarth4kids.org
National Stewardship Action Council
Northern California Recycling Association
ReGen Monterey
ReThink Waste
Swana California Chapters Legislative Task Force
The Climate Center
The Watershed Project
Western Placer Waste Management Authority

Opposition

Shasta County Board of Supervisors

Recycled Materials Association - West Coast Chapter

Analysis Prepared by: Josh Tooker / E.S. & T.M. / (916) 319-3965

 THIRD READING  

Bill No: SB 1010

Author: Ashby (D)

Amended: 3/25/26

Vote: 21

SENATE JUDICIARY COMMITTEE: 11-2, 4/21/26

AYES: Umberg, Allen, Ashby, Caballero, Durazo, Laird, Reyes, Stern, Wahab, Weber Pierson, Wiener

NOES: Niello, Valladares

SENATE ENVIRONMENTAL QUALITY COMMITTEE: 5-2, 4/22/26

AYES: Blakespear, Allen, Gonzalez, Hurtado, Menjivar

NOES: Valladares, Dahle

SENATE APPROPRIATIONS COMMITTEE: 5-2, 5/14/26

AYES: Cervantes, Cabaldon, Grayson, Richardson, Wahab

NOES: Seyarto, Dahle

SUBJECT: Solid waste: Refrigerant Stewardship and Recovery Act

SOURCE: California Product Stewardship Council

DIGEST:

This bill establishes an Extended Producer Responsibility (EPR) program for household appliances containing refrigerants.

ANALYSIS:

Existing Federal law requires technicians who maintain, service, repair, or dispose of equipment that could release refrigerants to be certified. (Section 608 of the Clean Air Act; Title 40 of the Code of Federal Regulations (CFR) Part 80, Subpart F)

Existing State law:

1. Establishes a state recycling goal of 75% of solid waste generated to be diverted from landfill disposal through source reduction, recycling, and composting under the Integrated Waste Management Act of 1989 (IWMA; AB 939 (Sher)).
   1. Requires each state agency and each large state facility to divert at least 50% of all solid waste through source reduction, recycling, and composting activities. (Public Resources Code (PRC) §§ 41784, 41786)
2. Establishes the Plastic Pollution Prevention and Packaging Producer Responsibility Act (SB 54 (Allen, Chapter 75, Statutes of 2022)) which requires the following of single-use plastic packaging and food service ware:
   1. 65% of covered materials be recyclable or compostable by 2032;
   2. To be considered recycled, covered materials must be sent to a responsible end market defined as “a materials market in which the recycling and recovery of materials or the disposal of contaminants is conducted in a way that benefits the environment and minimizes risks to public health and worker health and safety;”
   3. The creation of a Producer Responsibility Organization (PRO) to implement the requirements of this act; and
   4. An eco-modulated fee structure where producers pay a lower fee to the PRO if a covered material that is easier and less expensive to recycle or compost (PRC § 42040 et seq.)
3. Defines a certified reclaimed refrigerant as a refrigerant reclaimed by a refrigerant reclaimer certified by the United States EPA and containing no greater than 15% new hydrofluorocarbon refrigerant (AB 663 (McKinnor, Chapter 161, Statutes of 2025)); Health and Safety Code (HSC) § 39735(a)(2))
4. Prohibits the sale or distribution of bulk hydrofluorocarbons that exceed a specified global warming potential except for certified reclaimed refrigerants by the following dates:
   1. the global warming potential shall not exceed 2,200 by January 1, 2025;
   2. the global warming potential shall not exceed 1,500 by January 1, 2030;
   3. the global warming potential shall not exceed 750 by January 1, 2033. (AB 663 (McKinnor, Chapter 161, Statutes of 2025); HSC § 39735(b))
5. Defines hydrofluorocarbons as a greenhouse gas through the California Global Warming Solutions Act of 2006. (AB 32 (Nunez, Chapter 488, Statutes of 2006); HSC § 38505(g))
6. Requires a 40% reduction in statewide hydrofluorocarbon emissions below 2013 levels by 2030. (SB 1383 (Lara, Chapter 395, Statutes of 2016))

This bill:

1. Defines covered products as the following, when not used for industrial, commercial, or medical use:
   1. Refrigerators;
   2. Freezers;
   3. Combination refrigerator-freezers;
   4. Window air conditioners;
   5. Portable air conditioners;
   6. Dehumidifiers;
   7. Wine or beverage coolers; and
   8. Any other consumer appliance designated by CalRecycle.
2. Defines producers as the following:
   1. A person who manufactures a covered product;
   2. A person who owns or is the licensee of the brand or trademark under which a covered product is sold or distributed for sale in the state;
   3. If not (a) or (b), a person who imports the covered product into the state for sale or distribution
   4. If not (a), (b), or (c), the distributor, retailer, or wholesaler who sells the product in the state.
3. Uses the definition of a responsible end market from SB 54 (Allen). (PRC § 42041)
4. Requires producers of covered materials to join a Producer Responsibility Organization (PRO) by July 1, 2028.
5. Requires the following of the PRO:
   1. Submit an application to operate to CalRecycle by January 1, 2028;
   2. Submit a producer responsibility plan to CalRecycle within a year of final rulemaking which is to be completed by January 1, 2029;
   3. Complete the producer responsibility plan including the following by January 1, 2031:
      1. Information on the producers and brands covered under the plan;
      2. A description of the PRO funding using a per unit eco-modulated fee;
      3. A five-year budget including estimate revenues, costs, and a reserve fund;
      4. Be in the public record; and
      5. A description of how the PRO will achieve several goals including convenient drop off collection sites, the transportation of covered products to authorized sorters or repair businesses, among other goals.
   4. Have a governing board;
   5. Demonstrate adequate financial responsibility;
   6. Approve or terminate collection sites;
   7. Maintain a reserve fund sufficient to operate the PRO for six months;
   8. Pay CalRecycle fees to cover the PRO’s oversight and regulatory costs which will be deposited into the Refrigerant Stewardship Recovery Fund;
   9. Review their producer responsibility plan every 5 years.
6. Requires CalRecycle to do the following:
   1. Develop regulations in consultation with the Department of Toxic Substance Control (DTSC);
   2. Approve a PRO by March 1, 2028 and approve a producer responsibility plan by January 31, 2031; and
   3. Establish, review, and adjust performance standards.
7. Establishes a $10,000 to $50,000 per day fine for violations of the bill which are deposited to the Refrigerant Stewardship Recovery Penalty Account.
8. Makes findings and declarations.

Background

1. The basics of EPR programs. One strategy to reduce waste generation is to put responsibility on producers to oversee the safe end-of-life of their products through an EPR program. EPR programs rely on industry, formalized in a PRO, to develop and implement approaches to create a circular economy that make business sense, with oversight and enforcement provided by the government. EPR programs require producers to factor in costs associated with disposal. In doing so, EPR programs incentivize industry to design products with waste minimization in mind. Currently, there are six statewide EPR programs: paint, carpet, mattresses, pharmaceutical and sharps waste, batteries, and, following the passage of SB 54, packaging and single-use plastic service-ware items.
2. Appliance recycling: market and regulations. Appliances are profitable to recycle, consisting of (on average) 75% steel, an easy to recycle material with a high scrap value.^[1] The American Iron and Steel Institute reports that appliances have a 78% recycling rate in the US.^[2] However, appliances such as freezers and refrigerators may also contain hazardous materials.

Refrigerants are designated as a “Material that Requires Special Handling” (MRSH; PRC § 42167) and therefore cannot be disposed of like typical solid waste. An appliance containing only refrigerants must be handled by a technician certified under Section 608 of the Clean Air Act under the U.S. EPA. An appliance containing refrigerants and additional MRSHs must be certified both by the EPA and as a Certified Appliance Recycler (CAR) by DTSC.

Landfills and metal recyclers cannot dispose of, crush, or process appliances which contain refrigerants. First, they must verify that the appliance has been processed by an EPA certified technical or have on-site EPA certified technicians who can remove the refrigerant. Since metal scrap is profitable, appliances which have had the refrigerant removed rarely end up in the landfill.

1. Finding an appliance recycler. Local jurisdictions vary in how they collect appliances. Some jurisdictions collect appliances for free or may require residents to drop off appliances at landfills or CARs. Other jurisdictions may have no guidelines for appliance disposal, requiring residents to contact a for-profit waste removal service for pick-up or drop-off of the appliance.

As of 2021, there were 129 Certified Appliance Recyclers.^[3] A map of CARs on the DTSC website shows several counties without access to an appliance recycler.^[4] However, consumers have more options beyond CARs. Metal recyclers also serve as drop-off locations but are not mapped by DTSC. When these drop-off locations aren’t CARs, the appliances are transported by the metal recycler to a CAR. Since these locations are not certified or managed by an agency, there’s no accessible tool to determine where they are located or how many there are. Therefore, though appliances are highly recyclable (both the scrap metal and the refrigerant), many may end up in landfills or illegally dumped in absence of a certified recycler.

1. Illegal Dumping. Illegal dumping is a crime punishable by a fine up to $10,000 and up to 6 months in jail (Penal Code (PEN) § 374, HSC §117555). The metal recycling industry claims that since scrap metal is so valuable, even orphaned appliances are collected by recyclers. Recyclers are incentivized to collect orphaned appliances because they are not liable for the venting of MRSH vented before retrieval as long as a DTSC 1459: Certified Appliance Recycler Orphan Waste Form is completed and submitted to DTSC.^[5] The 1459 Form reports missing MRSH to DTSC. After retrieval, a CAR is responsible for properly processing any remaining MRSH.

While it is a success that illegally dumped appliances are ultimately processed by certified recyclers, these orphaned appliances are still at higher risk of venting refrigerants into the atmosphere compared to an appliance disposed of legally. However, there are no publicly available statistics on orphan appliances in California, despite the Form 1459 data collection. It is unclear the extent to which and where the illegal dumping of appliances is a significant problem.

1. Refrigerants and Climate Change. Hydrofluorocarbon (HFCs) refrigerants were developed when chlorofluorocarbons (CFSs) were banned (in the US in 1978 and globally by the Montreal Protocol in 1987) for damaging the vital ozone layer.^[6] HFCs are potent greenhouse gases (GHGs) with global warming potentials ranging from 124 to 14,800 times that of carbon dioxide.^[7] HFCs on average stay in the atmosphere for 15 years and represent 2% of total GHG emissions.^[8]

Due to the increasing use of HFCs,^[9] the international community adopted the Kigali amendment to the Montreal Protocol in 2016, which set a goal to reduce HFC emissions by more than 80% over 30 years.^[10] California also has a state-wide goal of a 40% reduction In HFC emissions below 2013 levels by 2030 (SB 1383 (Lara)). Additionally, as part of the California Global Warming Solutions Act of 2006, the California Air Resources Board (CARB) established the Refrigerant Management Program which requires registration of appliances with refrigerants, refrigerant leak detection and monitoring, leak repair, system retrofitting, and refrigerant distributor, wholesaler, and reclaimer prohibitions, recordkeeping, and reporting.^[11]

Some manufactures claim to have made the switch to climate or environmentally friendly refrigerants, such as R-32, R-513A, or R-600.^[12] However, CARB warns that “in some cases high-GWP refrigerants have been advertised as ‘environmentally friendly’ or ‘low-GWP’ when they are in fact high-GWP and regulated under the [Refrigerant Management Program]. Be sure to verify any advertised claims.” There is no publicly available data on the industry switch to truly low global warming potential refrigerants.

Comments

1. Purpose of Bill. According to the author, “Many of the household appliances we use every day – such as refrigerators, freezers, and air conditioners – contain refrigerants, which are gases used to absorb and release heat to keep our homes cool and our food fresh. However, when not properly handled at the end of their useful life, these refrigerants can escape into the atmosphere with serious climate consequences. Refrigerants are the fastest growing source of greenhouse gas emissions in California, with some gases having global warming potential hundreds to thousands of times greater than carbon dioxide. The impact of proper recovery is clear – for every 1,000 refrigerators responsibly recycled, emissions are reduced by the equivalent of removing 1,500 cars from the road for a year.

“SB 1010 will help prevent the release of potent greenhouse gases and support responsible appliance management by establishing a manufacturer stewardship program. Under SB 1010, manufacturers will be responsible for developing and funding a statewide plan for the collection, transportation, and management of discarded appliances. Without a proper end-of-life appliance management system in place, these dangerous greenhouse gas emissions will continue to grow as more appliances reach the end of their useful life – undermining the climate progress we have worked so hard to achieve in California.”

1. If it ain’t broke… EPR programs can be a great solution for products where it is burdensome on the consumer or recycler to properly dispose of the product.

Which problem is SB 1010 looking to solve? Metal scrap is profitable enough that there is already a market collecting, processing, shredding, and melting down appliances. The next possibility is a lack of consistent and convenient opportunities for the consumer to properly dispose of an appliance. Orphaned appliances have the potential to release potent GHGs into the atmosphere. However, the extent of this problem is not known. Ultimately, appliances already have an exceptionally high recycling rate (78%), close to that of the highly successful mattress EPR program.^2,[13]

1. Rates and Dates. EPR programs often have target recycling rates to achieve on specified timelines. In this case, the recycling rate refers to the percentage of covered products which go to responsible end markets out of all the covered products sold. Currently, SB 1010 gives discretion to CalRecycle to set performance standards and dates. There is precedent for this in the mattress EPR program. CalRecycle reached an 81% recycling rate in 2019 and aims to maintain or exceed an 83% recycling rate from 2025 to 2029.¹⁶

In contrast, SB 54 (Allen) prescribed performance standards, requiring recycling rates no less than 30%, 40%, 65% by January 1, 2028, 2030, 2032, respectively. These rates were chosen in collaboration with lawmakers and industry leaders to create an ambitious and realistic roadmap to reduce single-use plastic. Prescribed rates and dates can be more ambitious, acting as a north star for an EPR program, in contrast to those chosen by an agency which can be less ambitious but more feasible.

FISCAL EFFECT:

According to the Senate Appropriations Committee:

The Department of Resources Recycling and Recovery (CalRecycle) estimates implementation of this bill would be $3,325,000 in FY 2027-2028 for 16 PYs. Costs would increase to $3,503,000 for FYs 2029-2030 for 17 PYs.  Ongoing costs after FY 2030 would be $3,843,000 for 19 PYs (Refrigerant Stewardship Recovery Fund).

The California Air Resources Board (CARB) estimated implementation of this bill would be $391,000 in FY 2027-28 and ongoing.

Appropriation: No Fiscal Com.: Yes Local: Yes

SUPPORT: (Verified 5/14/26)

OPPOSITION: (Verified 5/14/26)

Prepared by: Alyssa Poletti / E.Q. / (916) 651-4108

5/14/26 16:37:23

**** END ****

1. American Iron and Steel Institute, Appliances and Steel Make Life Easier: Steel Appliance Facts

   https://www.steel.org/steel-markets/appliances ↑

2. American Iron and Steel Institute (2021) Determination of Steel Recycling Rates in the United States, Technical Report. ↑

3. DTSC (2021) Approved Certified Appliance Recycler List by City. ↑

4. DTSC, Certified Appliance Recycler (CAR) Program, https://dtsc.ca.gov/certified-appliance-recycler-car-program ↑

5. DTSC, CAR Program – Managing Major Appliances, https://dtsc.ca.gov/certified-appliance-recycler-car-program/car-program-managing-major-appliances/ ↑

6. US EPA (1993) Regulatory History of CFCs and Other Stratospheric Ozone-Depleting Chemicals (to 1993), https://www.epa.gov/archive/epa/aboutepa/regulatory-history-cfcs-and-other-stratospheric-ozone-depleting-chemicals-1993.html ↑

7. US EPA (2026) Technology Transitions GWP Reference Table, https://www.epa.gov/climate-hfcs-reduction/technology-transitions-gwp-reference-table ↑

8. Climate and Clean Air Coalition, Hydrofluorocarbons (HFCS), https://www.ccacoalition.org/short-lived-climate-pollutants/hydrofluorocarbons-hfcs ↑

9. NOAA Chemical Sciences Laboratory (2022) Projections of HFC emissions and the resulting global warming, https://csl.noaa.gov/news/2022/350_0511.html ↑

10. US EPA (2026) Recent International Developments under the Montreal Protocol, https://www.epa.gov/ozone-layer-protection/recent-international-developments-under-montreal-protocol ↑

11. CARB, Refrigerant Management Program, https://ww2.arb.ca.gov/es/our-work/programs/refrigerant-management-program/about ↑

12. The Refrigerant School, What are the Most Environmentally Friendly Refrigerants? https://www.rsi.edu/blog/skilled-trades/what-are-the-most-environmentally-friendly-refrigerants/ ↑

13. CalRecycle, State Mattress Recycling Goals, https://calrecycle.ca.gov/mattresses/baseline/ ↑

SENATE COMMITTEE ON

Senator Sabrina Cervantes, Chair

2025 - 2026 Regular Session

SB 1010 (Ashby) - Solid waste: Refrigerant Stewardship and Recovery Act

Bill Summary:

SB 1010 would establish an Extended Producer Responsibility (EPR) program for household appliances containing refrigerants.

Fiscal Impact:

The Department of Resources Recycling and Recovery (CalRecycle) estimates implementation of this bill would be $3,325,000 in FY 2027-2028 for 16 PYs. Costs would increase to $3,503,000 for FYs 2029-2030 for 17 PYs.  Ongoing costs after FY 2030 would be $3,843,000 for 19 PYs (Refrigerant Stewardship Recovery Fund).

The California Air Resources Board (CARB) estimated implementation of this bill would be $391,000 in FY 2027-28 and ongoing.

Background:

This bill intends to address the difficulty and potential environmental and health and safety hazards of disposing of household appliances that contain refrigerants by establishing an EPR program. “Refrigerant” means a substance used in a cooling system to absorb and release heat, including, but not limited to, hydrofluorocarbons, hydrofluoroolefins, chlorofluorocarbons, hydrochlorofluorocarbons, hydrocarbons, compressor oils, capacitors, and any other substance designated by CalRecycle via regulation.

Proposed Law:

This bill establishes the Refrigerant Stewardship and Recovery Act which would do the following:

Require producers of covered products (certain household appliances containing refrigerants) to join a producer responsibility organization (PRO).

Require CalRecycle to approve a PRO that meets specified requirements by 3/1/2028.

Require CalRecyle to develop regulations in consultation with the Department of Toxic Substance Control (DTSC).

Provide that an action taken by the PRO is not a violation of the Cartwright Act, the Unfair Practices Act or the Unfair Competition Law, as specified.

Related Legislation:

AB 80 (Aguiar-Curry) 2025 creates an EPR program for carpets. AB 80 was held on the Senate Appropriations Committee Suspense File.

SB 254 (Hancock) Chapter 388/2013 establishes an EPR program for mattresses.

Staff Comments:

This bill would establish a new EPR program with associated workload for CalRecycle. The funding for all resources would come from the Refrigerant Stewardship Recovery Fund established by this bill. However, a loan from another fund source would be required to fund an initial period of implementation. 

DTSC oversees the Certified Appliance Recycler program where certified recyclers remove certain materials that require special handling for scrap metal from major appliances before they can be properly disposed.

Absent statutory authorization, CalRecycle would be unable to reimburse CARB or DTSC for their implementation and monitoring costs.

SENATE JUDICIARY COMMITTEE

Senator Thomas Umberg, Chair

2025-2026 Regular Session

Bill No: SB 1010 (Author:Ashby)

Version: March 25, 2026

Hearing Date: April 21, 2026

Fiscal: Yes

Urgency: No

AMConsultant:

SUBJECT

Solid waste: Refrigerant Stewardship and Recovery Act

DIGEST

This bill establishes an extended producer responsibility (EPR) or stewardship program for the collection, transportation, recycling, and the safe and proper management of certain household appliances containing refrigerants (covered products) in California, as provided.

EXECUTIVE SUMMARY

The Department of Toxic Substances and Control oversees the Certified Appliance Recycler (CAR) program, where certified recyclers remove certain materials^[1] that require special handling for scrap mental from major appliances before they can be properly disposed.^[2] EPA regulations and Section 608 of the federal Clean Air Act also provide for reclamation, recovery, and restrictions and requirements of refrigeration and air-conditioning equipment. (42 U.S.C. § 608.) Even though these provisions already exist, the author and sponsor of the bill argue that an EPR program is needed to ensure proper monitoring and recovery is occurring. This analysis will focus solely on the provisions of the bill in this Committee’s jurisdiction, which includes issues under the dormant commerce clause, limitation on the access to public records, implications to antitrust and unfair business practice laws, and judicial enforcement. The bill is sponsored by the California Product Stewardship Council and supported by several environmental organizations. The bill is opposed by the Association of Home Appliance Manufacturers and the Recycled Materials Association. Should this bill pass out of this Committee, it will be referred to the Senate Environmental Quality Committee.

PROPOSED CHANGES TO THE LAW

Existing law:

1. Regulates the disposal, management, and recycling of solid waste under the California Integrated Waste Management Act of 1989 (IWMA). (Pub. Res. Code § 40000 et seq.)
   1. Requires each state agency and each large state facility to divert at least 50 percent of all solid waste through source reduction, recycling, and composting activities. (Pub. Res. Code §§ 41784 & 41786.)
2. Establishes numerous EPR programs and stewardship programs in the state, including, carpet, mattresses, batteries, pharmaceutical and sharps waste, and single-use plastic and packaging. (Pub. Res. Code §§ 48700 et seq.; § 42420, §§ 42460 et seq., §§ 48631-48691, & §§ 42040 et seq.; Health & Saf. Code §§ 25214.8.10 - 25214.8.19)
3. Prohibits a solid waste facility from accepting for disposal any major appliance, vehicle, or other metallic discard which contains enough metal to be economically feasible to salvage as determined by the solid waste facility operator. (Pub. Res. Code § 42170.)
4. Prohibits a person from offering for sale or distribution, or otherwise entering into commerce in the state, bulk hydrofluorocarbons or bulk blends containing hydrofluorocarbons that exceed any of specified global warming potential limits. (Health & Saf. Code § 39735(b).)
5. Defines a “certified reclaimed refrigerant” as a refrigerant reclaimed by a refrigerant reclaimer certified by the U.S. Environmental Protection Agency (EPA) and containing no greater than 15 percent new hydrofluorocarbon refrigerant (Health & Saf. Code § 39735(a)(2).)

This bill:

1. Establishes the Refrigerant Stewardship and Recovery Act (Act).
2. Requires producers of covered products to join a producer responsibility organization (PRO).
   1. Requires the governing body of a PRO to submit an application, by January 1, 2028, to the Department of Resources Recycling and Recovery (CalReycle) describing how the producer responsibility organization meets the requirements of the Act to be approved as a PRO.
3. Requires CalRecycle to approve a producer responsibility organization that meets specified requirements by March 1, 2028.
   1. Authorizes CalRecycle to approve additional PROs if CalRecycle determines that an additional PRO would be beneficial in satisfying the requirements of the Act.
4. Defines a “covered product” to include any of the following listed below:
   1. a refrigerator;
   2. a freezer;
   3. a combination refrigerator-freezer;
   4. a window air conditioner;
   5. a portable air conditioner;
   6. a dehumidifier;
   7. a wine cooler or beverage cooler; and
   8. any other consumer appliance designated by CalRecycle by regulation.
5. A “covered product” does not include any of the following listed below:
   1. a product covered under the Electronic Waste Recycling Act of 2003;
   2. a motor vehicle, trailer, vessel, or other equipment subject to separate state or federal refrigerant management requirements, as determined by CalRecycle; or
   3. a product sold solely for industrial, commercial, or medical use and not intended for personal, family, or household use.
6. Requires the PRO to submit a plan to CalRecycle and makes the approved plan a public record, except that financial or sales data reported to CalRecycle by a PRO is not a public record.
7. Provides that an action taken by a producer or PRO is not a violation of the Cartwright Act (California’s primary antitrust law), the Unfair Practices Act, or the Unfair Competition Law if the action taken by a PRO is:
   1. The creation, implementation, or management of a PRO plan approved or conditionally approved by CalRecycle and the determination of the types or quantities of covered products recycled or otherwise managed pursuant to the PRO plan.
   2. The determination of the cost and structure of an approved PRO plan.
   3. The establishment, administration, collection, or disbursement of a charge associated with funding the implementation of the Act.
8. Authorizes an administrative civil penalty up to the following amounts to be administratively imposed by CalRecycle on any person who is in violation of any provision of the Act: (a) $10,000 per day; or $50,000 per day if the violation is intentional or knowing.
9. Authorizes CalRecycle, after the time for judicial review has expired, to apply to the appropriate court for a judgment to collect any unpaid civil penalties or to enforce any other remedy provided by the Act.

COMMENTS

1. Stated need for the bill

The author writes:

Many of the household appliances we use every day – such as refrigerators, freezers, and air conditioners – contain refrigerants, which are gases used to absorb and release heat to keep our homes cool and our food fresh. However, when not properly handled at the end of their useful life, these refrigerants can escape into the atmosphere with serious climate consequences. Refrigerants are the fastest growing source of greenhouse gas emissions in California, with some gases having global warming potential hundreds to thousands of times greater than carbon dioxide. The impact of proper recovery is clear – for every 1,000 refrigerators responsibly recycled, emissions are reduced by the equivalent of removing 1,500 cars from the road for a year.

SB 1010 will help prevent the release of potent greenhouse gases and support responsible appliance management by establishing a manufacturer stewardship program. Under SB 1010, manufacturers will be responsible for developing and funding a statewide plan for the collection, transportation, and management of discarded appliances. Without a proper end-of-life appliance management system in place, these dangerous greenhouse gas emissions will continue to grow as more appliances reach the end of their useful life – undermining the climate progress we have worked so hard to achieve in California.

1. This bill establishes the Refrigerant Stewardship and Recovery Act,

This bill intends to address the difficulty and potential environmental and health and safety hazards of disposing of household appliances that contain refrigerants by establishing an EPR program. “Refrigerant” means a substance used in a cooling system to absorb and release heat, including, but not limited to, hydrofluorocarbons, hydrofluoroolefins, chlorofluorocarbons, hydrochlorofluorocarbons, hydrocarbons, compressor oils, capacitors, and any other substance designated by CalRecycle via regulation.

EPR “is an environmental policy approach that holds producers responsible for product management through the product’s lifecycle. EPR supports recycling and materials management goals that contribute to a circular economy and can also encourage product design changes that minimize environmental impacts.”^[3] California currently has several statewide EPR programs overseen by CalRecycle, including for paint, carpet, mattresses, textiles, pharmaceutical and sharps waste, and plastic packaging, and single-use plastic items.^[4]

The author and sponsor acknowledge that existing law requires removal of hazardous materials from discarded appliances prior to processing but argue that there is no statewide system to monitor and ensure that refrigerant recovery is occurring. They claim that refrigerants are routinely lost or released during appliance disposal, representing a significant and preventable source of greenhouse gas emissions and that tracking and accountability is needed to ensure the existing framework is functioning properly.

1. The Dormant Commerce Clause

Section 8 of Article I of the United States Constitution grants the United States Congress the power to regulate interstate commerce.^[5] The converse proposition—that states may not usurp Congress’s express power to regulate interstate commerce—is known as the Dormant Commerce Clause—“the [Commerce] Clause also contains a further, negative command, one effectively forbidding the enforcement of certain state economic regulations even when Congress has failed to legislate on the subject.”^[6] The United States Supreme Court recently affirmed that the dormant Commerce Clause generally does not prohibit a state from regulating commerce within its borders, even if the prohibition affects out-of-state sellers, unless the prohibition acts to discriminate against out-of-state interests for the benefit of in-state commerce.^[7] The Court has held that “[s]tate laws that ‘regulat[e] even-handedly [across all in-state and out-of-state businesses] to effectuate a legitimate local public interest…will be upheld unless the burden imposed upon such commerce is clearly excessive in relation to the putative local benefits.’ ”^[8] This bill’s provisions apply equally to producers who manufacture a covered product and who owns or is the licensee of the brand or trademark under which that covered product is sold, offered for sale, or distributed for sale in or into the state. As such, the bill does not favor in-state businesses over out-of-state businesses.

A statute may also violate the Dormant Commerce Clause, even if it "regulates even handedly to effectuate a legitimate local public interest, and its effects on interstate commerce are only incidental" and the burden imposed on commerce “is clearly excessive in relation to the putative local benefits" or substantially burdens interstate commerce.^[9] (Pike v. Bruce Church, Inc. (1970) 397 U.S. 137, 142.) As this bill’s provisions are intended to address the environmental and health concerns posed by household appliances containing refrigerants, this bill would likely not be found to substantially burden interstate commerce in violation of the Dormant Commerce Clause.

1. Access to records

Access to information concerning the conduct of the people’s business is a fundamental and necessary right of every person in this state. (Gov. Cod § 7921.000.) In 2004, the right of public access was enshrined in the California Constitution with the passage of Proposition 59 (Nov. 3, 2004, statewide general election),^[10] which amended the California Constitution to specifically protect the right of the public to access and obtain government records: “The people have the right of access to information concerning the conduct of the people’s business, and therefore . . . the writings of public officials and agencies shall be open to public scrutiny.” (Cal. Const., art. I, sec. 3 (b)(1).) In 2014, voters approved Proposition 42 (Jun. 3, 2014, statewide direct primary election)^[11] to further increase public access to government records by requiring local agencies to comply with the CPRA and the Ralph M. Brown Act^[12], and with any subsequent statutory enactment amending either act, as provided. (Cal. Const., art. I, sec. 3 (b)(7).)

Under the CPRA, public records are open to inspection by the public at all times during the office hours of the agency, unless they are exempt from disclosure. (Gov. Cod § 7922.525.) A public record is defined as any writing containing information relating to the conduct of the public’s business that is prepared, owned, used, or retained by any public agency regardless of physical form or characteristics. (Gov. Code § 7920.530.) There are several general categories of documents or information that are permissively exempt from disclosure under the CPRA essentially due to the character of the information. The exempt information can be withheld by the public agency with custody of the information, but it also may be disclosed if it is shown that the public’s interest in disclosure outweighs the public’s interest in non-disclosure of the information. (CBS, Inc. v. Block (1986) 42 Cal.3d 646, at 652.). Additionally, some records are prohibited from disclosure or are specifically stated to not be public records. (see Gov. Code § 7924.110(a).)

This bill expressly provides that an approved PRO plan is a public record under the CPRA; however, it exempts from disclosure financial or sales data reported to CalRecyle by the program operator. The bill authorizes CalRecyle to release financial or sales data in summary form only, so it cannot be attributable to a specific entity. As these provisions imposes a limitation on the public’s right of access to a public record, the bill provides the following justification for the limitation: “It is in the best interest of the public to provide limited protection of certain financial and sales data of program participants in order to protect confidential business information and commercially sensitive data.”

1. Antitrust immunity

As with most of the EPR schemes provided for in California law, this bill includes express exemptions from various laws regulating anticompetitive behavior and unfair competition and practices. The bill provides that certain activities engaged in by PROs, including the creation, implementation, management, cost assessments, and structuring of a stewardship plan and the establishment, administration, collection, or disbursement of a charge associated with funding the implementation of the Act are categorically exempt from being considered violations of the Cartwright Act (California’s primary antitrust law), the Unfair Practices Act, or the Unfair Competition Law.

Concerns have been raised about the monopolistic possibilities inherent in stewardship programs, and strong government oversight is critical to ensure this regulatory scheme is operated in an evenhanded manner and results in the ambitious goals it sets out to accomplish. These laws are extremely important to ensuring consumers are protected and free and fair competition is fostered. Mitigating these concerns to an extent, the bill specifically provides that the exemptions do not apply to an agreement that does the following:

• fixes a price of or for covered products;
• fixes the output or production of covered products; or
• restricts the geographic area in which, or customers to whom, covered products will be sold.

This language is also similar to that found in other EPR programs.

1. Enforcement provisions

The bill authorizes CalRecycle to impose an administrative civil penalty on a producer, PRO, or importer manufacturer, distributor, or retailer that fails meet the requirements of the Act. The administrative civil penalty cannot exceed $10,000 per day; however, if the violation is intentional or knowing the penalty cannot exceed $50,000 per day. When assessing or reviewing the amount of a civil penalty to be imposed, the following is required to be considered:

• the nature and extent of the violation;
• the number and severity of the violation or violations;
• the economic effect of the penalty on the violator;
• whether the violator took good faith measures to comply with this article and the period of time over which these noncompliant actions were taken;
• the willfulness of the violator’s misconduct;
• the deterrent effect that the imposition of the penalty would have on both the violator and the regulated community; and
• any other factor that justice may require.

The bill specifies that the Administrative Adjudication Bill of Rights, as set forth in Article 6 (commencing with Section 11425.10) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of the Government Code, applies to hearings conducted under this chapter and mandates minimum due process. The bill authorizes CalRecycle, after the time for judicial review has expired, to apply to the appropriate court for a judgment to collect any unpaid civil penalties or to enforce any other remedy provided by the Act.

1. Stakeholder statements

A coalition of environmental organizations, including the sponsor California Product Stewardship Council, write in support stating:

Refrigerators, freezers, air conditioners, and other cooling appliances contain refrigerants, which are gases used to absorb and release heat. Many refrigerant substances, such as hydrofluorocarbons (HFCs), have global warming potentials that are hundreds to thousands of times greater than carbon dioxide.^[13] According to the California Air Resources Board, they are the fastest-growing source of greenhouse gas emissions both in California and globally.^[14]

Federal mandates require proper management of refrigerants prior to disposal, but without a comprehensive statewide program, improper handling during the reuse and recycling processes can result in the release of these gases into the atmosphere, undermining California’s climate progress. Simultaneously, there is no statewide program for safely recovering and managing the appliances that contain refrigerants. Even California's most robust voluntary recycling efforts have reached only a fraction of appliances at end-of-life.

While existing law, AB 1760 (Eastin, 1991), prohibits disposal/landfilling of metallic waste, such as large appliances, including refrigeration units, many units are not properly processed to recover all of the hazardous components, such as HFCs, compressor oils, capacitors, etc. These components must be removed by Certified Appliance Recyclers (CAR) regulated by the Department of Toxic Substance Control (DTSC) under the CAR program. This is the classic “ban without a plan” situation that leaves the waste industry without funding for safe management to final disposition for covered products.

The bill is opposed by the Association of Home Appliance Manufacturers and the Recycled Materials Association.

The Association of Home Appliance Manufacturers writes:

[…] This legislation would wedge a new program into the current market-based system that already recycles nearly 80 percent of appliances and can be as high as 90 percent. There is no need for a new program and fee structure to interfere with and possibly diminish the current successful system that collects more than 78 percent of appliances.2 The program proposed in SB 1010 would disrupt and complicate the current system for the recovery and add substantial costs for California consumers who purchase a new appliance. This recycling success story should not be encumbered by a new mandate. […]

California and federal law already regulate the disposal and recycling of refrigerants. As SB 1010 notes, the US Environmental Protection Agency’s responsible appliance disposal standards (RAD) outlines standards for the proper recovery and reclamation or destruction of refrigerant and insulating foam as well as the safe disposal of hazardous waste products. Existing California law and the Air Resources Board’s Refrigerant Management Program (RMP) also regulates the management of refrigerants. Some appliances may be disposed of not using EPA’s RAD program and AHAM shares the concern with the illegal venting of refrigerant and disposal of insulating foam. Enforcement of existing laws and regulations is the state's responsibility. Stricter enforcement will help deter illegal venting, not the establishment of an EPR program.

Additionally, the legislation only targets residential appliance manufacturers whose products are already subject to federal and state laws for the management of refrigerants. The proposal ignores the other residential and commercial products that contain refrigerants with equal to or greater Global Warming Potential (GWP) and does not provide evidence or legislative finding that household appliances containing refrigerant and insulating foam are subject to improper handling and disposal. […]

The Recycled Materials Association writes in opposition stating:

These existing regulations have long governed the activities SB 1010 seeks to address. The bill itself acknowledges that it does not supersede CARB or the Department of Toxic Substances Control authority. Adding a new Producer Responsibility Organization, eco-fees, and statewide stewardship plan is therefore redundant and risks conflicting with or undermining the current framework. […]

SUPPORT

California Product Stewardship Council (sponsor)

7th Generation Advisors

Californians Against Waste

Center for Environmental Health

Circular Polymers

CleanEarth4kids.org

The Climate Center

The Watershed Project

Western Placer Waste Management Authority

OPPOSITION

Association of Home Appliance Manufacturers

Recycled Materials Association - West Coast Chapter

RELATED LEGISLATION

Pending Legislation: None known.

Prior Legislation: See Comment 2, above.

**************

1. These material include Chlorofluorocarbons (CFCs), hydrochlorofluorocarbons (HCFCs), and other non-CFC replacement refrigerants. ↑

2. DTSC, Certified Appliance Recycler (CAR) Program, available at https://dtsc.ca.gov/certified-appliance-recycler-car-program/. ↑

3. Extended Producer Responsibility (EPR), CalRecycle, https://calrecycle.ca.gov/epr/. ↑

4. Ibid. ↑

5. U.S. Const., art. I, § 8, cl. 3. ↑

6. National Pork Producers Council v. Ross (2023) 143 S.Ct. 1142, 1152 (internal quotation marks and alterations omitted). ↑

7. Id. at pp. 1152-1153. ↑

8. South Dakota v. Wayfair, Inc. (2018) 138 S.Ct. 2080, 2091. ↑

9. Pike v. Bruce Church, Inc. (1970) 397 U.S. 137, 142; National Pork Producers Council supra at fn. 6 at pp. 1162-1163. ↑

10. Prop. 59 was placed on the ballot by a unanimous vote of both houses of the Legislature. (SCA 1 (Burton, Ch. 1, Stats. 2004)) ↑

11. Prop. 42 was placed on the ballot by a unanimous vote of both houses of the Legislature. (SCA 3 (Leno, Ch. 123, Stats. 2013)) ↑

12. The Ralph M. Brown Act is the open meetings laws that applies to local agencies. (Gov. Code §§ 59450 et. seq.) ↑

13. https://ww2.arb.ca.gov/our-work/programs/stationary-hydrofluorocarbon-reduction-measures. ↑

14. https://ww2.arb.ca.gov/our-work/programs/slcp/about. ↑

SENATE COMMITTEE ON ENVIRONMENTAL QUALITY

Senator Blakespear, Chair

2025 - 2026 Regular

Bill No: SB 1010

SUBJECT: Solid waste: Refrigerant Stewardship and Recovery Act

DIGEST: This bill establishes an Extended Producer Responsibility (EPR) program for household appliances containing refrigerants.

ANALYSIS:

Existing Federal law:

1. Requires technicians who maintain, service, repair, or dispose of equipment that could release refrigerants to be certified. (Section 608 of the Clean Air Act; Title 40 of the Code of Federal Regulations (CFR) Part 80, Subpart F)

Existing State law:

1. Establishes a state recycling goal of 75% of solid waste generated to be diverted from landfill disposal through source reduction, recycling, and composting under the Integrated Waste Management Act of 1989 (IWMA; AB 939 (Sher)).
   1. Requires each state agency and each large state facility to divert at least 50% of all solid waste through source reduction, recycling, and composting activities. (Public Resources Code (PRC) §§ 41784, 41786)
2. Establishes the Plastic Pollution Prevention and Packaging Producer Responsibility Act (SB 54 (Allen), Chapter 75, Statutes of 2022) which requires the following of single-use plastic packaging and food service ware:
   1. 65% of covered materials be recyclable or compostable by 2032;
   2. To be considered recycled, covered materials must be sent to a responsible end market defined as “a materials market in which the recycling and recovery of materials or the disposal of contaminants is conducted in a way that benefits the environment and minimizes risks to public health and worker health and safety;”
   3. The creation of a Producer Responsibility Organization (PRO) to implement the requirements of this act; and
   4. An eco-modulated fee structure where producers pay a lower fee to the PRO if a covered material that is easier and less expensive to recycle or compost (PRC § 42040 et seq.)
3. Defines a certified reclaimed refrigerant as a refrigerant reclaimed by a refrigerant reclaimer certified by the United States EPA and containing no greater than 15% new hydrofluorocarbon refrigerant (AB 663 (McKinnor), Chapter 161, Statutes of 2025; Health and Safety Code (HSC) § 39735(a)(2))
4. Prohibits the sale or distribution of bulk hydrofluorocarbons that exceed a specified global warming potential except for certified reclaimed refrigerants by the following dates:
   1. the global warming potential shall not exceed 2,200 by January 1, 2025;
   2. the global warming potential shall not exceed 1,500 by January 1, 2030;
   3. the global warming potential shall not exceed 750 by January 1, 2033. (AB 663, McKinnor, Chapter 161, Statutes of 2025; HSC § 39735(b))
5. Defines hydrofluorocarbons as a greenhouse gas through the California Global Warming Solutions Act of 2006. (AB 32 (Nunez), Chapter 488, Statutes of 2006; HSC § 38505(g))
6. Requires a 40% reduction in statewide hydrofluorocarbon emissions below 2013 levels by 2030. (SB 1383 (Lara), Chapter 395, Statutes of 2016)

This bill:

1. Defines covered products as the following, when not used for industrial, commercial, or medical use:
   1. Refrigerators;
   2. Freezers;
   3. Combination refrigerator-freezers;
   4. Window air conditioners;
   5. Portable air conditioners;
   6. Dehumidifiers;
   7. Wine or beverage coolers; and
   8. Any other consumer appliance designated by CalRecycle.
2. Defines producers as the following:
   1. A person who manufactures a covered product;
   2. A person who owns or is the licensee of the brand or trademark under which a covered product is sold or distributed for sale in the state;
   3. If not (a) or (b), a person who imports the covered product into the state for sale or distribution
   4. If not (a), (b), or (c), the distributor, retailer, or wholesaler who sells the product in the state.
3. Uses the definition of a responsible end market from SB 54 (Allen). (PRC § 42041)
4. Requires producers of covered materials to join a Producer Responsibility Organization (PRO) by July 1, 2028.
5. Requires the following of the PRO:
   1. Submit an application to operate to CalRecycle by January 1, 2028;
   2. Submit a producer responsibility plan to CalRecycle within a year of final rulemaking which is to be completed by January 1, 2029;
   3. Complete the producer responsibility plan including the following by January 1, 2031:
      1. Information on the producers and brands covered under the plan;
      2. A description of the PRO funding using a per unit eco-modulated fee;
      3. A five-year budget including estimate revenues, costs, and a reserve fund;
      4. Be in the public record; and
      5. A description of how the PRO will achieve the following:
         1. Provide free and convenient drop off collection sites, how these sites will be authorized and managed, and how local jurisdictions can request a collection site;
         2. Provide, at no cost, the transportation of covered products from a collection site to an authorized sorter, authorized repair business, or recycling facility;
         3. Maximize the reuse and recycling of covered products and minimize disposal;
         4. Ensure reused and recycled covered products have economically viable end markets;
         5. Address the presence of PFAS in covered products; and
         6. Maintain minimum refrigerant recovery standards and take all reasonable precautions to prevent accidental release of refrigerant.
   4. Have a governing board;
   5. Demonstrate adequate financial responsibility;
   6. Approve or terminate collection sites;
   7. Maintain a reserve fund sufficient to operate the PRO for six months;
   8. Pay CalRecycle fees to cover the PRO’s oversight and regulatory costs which will be deposited into the Refrigerant Stewardship Recovery Fund;
   9. Review their producer responsibility plan every 5 years.
6. Requires CalRecycle to do the following:
   1. Develop regulations in consultation with the Department of Toxic Substance Control (DTSC);
   2. Approve a PRO by March 1, 2028 and approve a producer responsibility plan by January 31, 2031; and
   3. Establish, review, and adjust performance standards.
      
7. Allows CalRecycle to approve additional PROs after January 1, 2035.
8. Establishes a $10,000 to $50,000 per day fine for violations of the bill which are deposited to the Refrigerant Stewardship Recovery Penalty Account.
9. Makes findings and declarations.
   

Background

1. Solid waste in California. For more than three decades, CalRecycle has been tasked with reducing the amount of waste that is landfilled and promoting recycling in California through the IWMA. The IWMA establishes a goal of source reducing, recycling, or composting at least 75% of solid waste generated in the State by 2020. However, according to CalRecycle’s 2021 State of Disposal and Recycling, the State’s 2021 recycling rate was just 40%. The single largest contributor to this recycling rate was recyclables that were exported out of the state. The statewide recycling rate has declined over the last decade, following a peak of 50% in 2014. The recycling rate has been impacted and may continue to be impacted by global policies like China’s National SWORD and the Basel Convention, which restrict the amount of foreign waste these countries will accept.

The Legislature has enacted various laws to move the needle on the state’s waste diversion goal, including policies that target organic material and plastic, two major categories of waste. The Legislature charted a course toward comprehensive organics recycling in 2016 with the passage of SB 1383 (Lara, Chapter 395, Statutes of 2016), which requires local entities to build organics recycling infrastructure to achieve a 75% composting rate by 2025. Major plastics legislation followed in 2022 with the passage of SB 54 (Allen, 2022) which uses an EPR program to significantly reduce plastics in packaging and single-use service-ware.

1. The basics of EPR programs. One strategy to reduce waste generation is to put responsibility on producers to oversee the safe end-of-life of their products through an EPR program. EPR programs rely on industry, formalized in a PRO, to develop and implement approaches to create a circular economy that make business sense, with oversight and enforcement provided by the government. EPR programs require producers to factor in costs associated with disposal. In doing so, EPR programs incentivize industry to design products with waste minimization in mind. Currently, there are six statewide EPR programs: paint, carpet, mattresses, pharmaceutical and sharps waste, batteries, and, following the passage of SB 54 (Allen, 2022), packaging and single-use plastic service-ware items.
2. Appliance recycling: market and regulations. Appliances are profitable to recycle, consisting of (on average) 75% steel, an easy to recycle material with a high scrap value.^[1] The American Iron and Steel Institute reports that appliances have a 78% recycling rate in the US.^[2] However, appliances such as freezers and refrigerators may also contain hazardous materials.

Refrigerants are designated as a “Material that Requires Special Handling” (MRSH; PRC § 42167) and therefore cannot be disposed of like typical solid waste. An appliance containing only refrigerants must be handled by a technician certified under Section 608 of the Clean Air Act under the U.S. EPA. An appliance containing refrigerants and additional MRSHs must be certified both by the EPA and as a Certified Appliance Recycler (CAR) by DTSC.

Landfills and metal recyclers cannot dispose of, crush, or process appliances which contain refrigerants. First, they must verify that the appliance has been processed by an EPA certified technical or have on-site EPA certified technicians who can remove the refrigerant. Since metal scrap is profitable, appliances which have had the refrigerant removed rarely end up in the landfill. Most enter the metal recycling market to be processed, shredded, and melted into a new raw material.

1. Finding an appliance recycler. Local jurisdictions vary in how they collect appliances. For example, Sacramento will collect appliances from a household twice a year for no charge along with e-waste. Other jurisdictions may require residents to drop off appliances at landfills or CARs. Other jurisdictions may have no guidelines for appliance disposal, requiring residents to contact a for-profit waste removal service for pick-up or drop-off of the appliance. Additionally, jurisdictions which restrict free pick-ups to a certain number of times per address could preclude those in multifamily housing from affordable appliance collection.

As of 2021, there were 129 Certified Appliance Recyclers.^[3] A map of CARs on the DTSC website shows several counties without access to an appliance recycler.^[4] However, consumers have more options beyond CARs. Metal recyclers also serve as drop-off locations but are not mapped by DTSC. When these drop-off locations aren’t CARs, the appliances are transported by the metal recycler to a CAR. Since these locations are not certified or managed by an agency, there’s no accessible tool to determine where they are located or how many there are. Therefore, though appliances are highly recyclable (both the scrap metal and the refrigerant), many may end up in landfills or illegally dumped in absence of a certified recycler.

1. Illegal Dumping. Illegal dumping is a crime punishable by a fine up to $10,000 and up to 6 months in jail (Penal Code (PEN) § 374, HSC §117555). The metal recycling industry claims that since scrap metal is so valuable, even orphaned appliances are collected by recyclers. Recyclers are incentivized to collect orphaned appliances because they are not liable for the venting of MRSH vented before retrieval as long as a DTSC 1459: Certified Appliance Recycler Orphan Waste Form is completed and submitted to DTSC.^[5] The 1459 Form reports missing MRSH to DTSC. After retrieval, a CAR is responsible for properly processing any remaining MRSH.

While it is a success that illegally dumped appliances are ultimately processed by certified recyclers, these orphaned appliances are still at higher risk of venting refrigerants into the atmosphere compared to an appliance disposed of legally. Though it is important that those illegally dumping hazardous materials are held accountable, it may be a symptom of CAR scarcity and variability across local jurisdictions. However, there are no publicly available statistics on orphan appliances in California, despite the Form 1459 data collection. It is unclear the extent to which and where the illegal dumping of appliances is a significant problem.

1. Refrigerants and Climate Change. Hydrofluorocarbon (HFCs) refrigerants were developed when chlorofluorocarbons (CFSs) were banned (in the US in 1978 and globally by the Montreal Protocol in 1987) for damaging the vital ozone layer.^[6] Unlike CFCs, HFCs are not ozone depleting substances and therefore can be used in consumer appliances without endangering the ozone layer. However, HFCs are potent greenhouse gases (GHGs) with global warming potentials ranging from 124 to 14,800 times that of carbon dioxide.^[7] HFCs on average stay in the atmosphere for 15 years and represent 2% of total GHG emissions.^[8]

Due to the increasing use of HFCs,^[9] the international community adopted the Kigali amendment to the Montreal Protocol in 2016, which set a goal to reduce HFC emissions by more than 80% over 30 years.^[10] California also has a state-wide goal of a 40% reduction In HFC emissions below 2013 levels by 2030 (SB 1383 (Lara)). Additionally, as part of the California Global Warming Solutions Act of 2006, the California Air Resources Board (CARB) established the Refrigerant Management Program which requires registration of appliances with refrigerants, refrigerant leak detection and monitoring, leak repair, system retrofitting, and refrigerant distributor, wholesaler, and reclaimer prohibitions, recordkeeping, and reporting.^[11]

Some manufactures claim to have made the switch to climate or environmentally friendly refrigerants, such as R-32, R-513A, or R-600.^[12] However, CARB warns that “in some cases high-GWP refrigerants have been advertised as ‘environmentally friendly’ or ‘low-GWP’ when they are in fact high-GWP and regulated under the [Refrigerant Management Program]. Be sure to verify any advertised claims.” Indeed, only one of the three listed refrigerants has a low global warming potential: R-600 (butane). R-32, R-513A, or R-600 have global warming potentials of 675, 630, and 4, respectively.^[13],7 The Association of Home Appliance Manufactures stated that some manufacturers have made the switch to iso-butane (R-600a) which has a global warming potential of 1.⁷ However, there is no publicly available data on the industry switch to truly low global warming potential refrigerants.

Despite international and statewide efforts, HFCs still pose a threat to the atmosphere. Researchers with the National Oceanic and Atmospheric Administration hypothesize that some HFCs can become CFCs after they’re emitted, creating ozone-depleting GHGs with lifetimes of 52 to 640 years.^[14] If the international community doesn’t decrease HFC emissions in line with the Kigali Amendment, HFCs could be responsible for 0.28 to 0.44^oC of warming by 2100.⁹

Comments

1. Purpose of Bill. According to the author, “Many of the household appliances we use every day – such as refrigerators, freezers, and air conditioners – contain refrigerants, which are gases used to absorb and release heat to keep our homes cool and our food fresh. However, when not properly handled at the end of their useful life, these refrigerants can escape into the atmosphere with serious climate consequences. Refrigerants are the fastest growing source of greenhouse gas emissions in California, with some gases having global warming potential hundreds to thousands of times greater than carbon dioxide. The impact of proper recovery is clear – for every 1,000 refrigerators responsibly recycled, emissions are reduced by the equivalent of removing 1,500 cars from the road for a year.

“SB 1010 will help prevent the release of potent greenhouse gases and support responsible appliance management by establishing a manufacturer stewardship program. Under SB 1010, manufacturers will be responsible for developing and funding a statewide plan for the collection, transportation, and management of discarded appliances. Without a proper end-of-life appliance management system in place, these dangerous greenhouse gas emissions will continue to grow as more appliances reach the end of their useful life – undermining the climate progress we have worked so hard to achieve in California.”

1. If it ain’t broke… EPR programs shift the burden of responsible end-of-life from the consumer and recycling facilities to the manufacturer. Therefore, EPR programs can be a great solution for products which are burdensome for the consumer to dispose of or expensive for a recycler to process. For example, the mattress EPR program requires retailers of mattresses to collect your old mattress when they deliver the new one. The consumer no longer has to call the city’s waste management for bulky item pick up or borrow their friend’s truck to take it to a landfill, paying for gas and landfill fees. The consumer is also less likely to illegally dump their mattress on the side of the road. EPR programs can also be a solution when people are ready and willing to recycle, but there isn’t a thriving recycling industry to take the product. SB 54 aims to correct this with plastics, shifting the cost of recycling expensive-to-recycle plastics from recycling facilities to the manufactures.

Which problem is SB 1010 looking to solve? Metal scrap is profitable enough that there is already a market collecting, processing, shredding, and melting down appliances. The next possibility is a lack of consistent and convenient opportunities for the consumer to properly dispose of an appliance. Orphaned appliances have the potential to release potent GHGs into the atmosphere. However, the extent of this problem is not known. Ultimately, appliances already have an exceptionally high recycling rate (78%), close to that of the highly successful mattress EPR program.^2,[15] The author may wish to identify the appropriate policy gap and tailor SB 1010 to address that gap.

1. Rates and Dates. EPR programs often have target recycling rates to achieve on specified timelines. In this case, the recycling rate refers to the percentage of covered products which go to responsible end markets out of all the covered products sold. Currently, SB 1010 gives discretion to CalRecycle to set performance standards and dates. There is precedent for this in the mattress EPR program. CalRecycle reached an 81% recycling rate in 2019 and aims to maintain or exceed an 83% recycling rate from 2025 to 2029.¹⁶ Giving CalRecycle discretion to set the rates and dates allows for subject matter experts with direct access to recycling data to set realistic goals; consequently, the mattress EPR program has been a success with a high recycling rate. The flip side is that CalRecycle did not pick a more ambitious goal after 2019.

In contrast, SB 54 (Allen) prescribed performance standards, requiring recycling rates no less than 30%, 40%, 65% by January 1, 2028, 2030, 2032, respectively. These rates were chosen in collaboration with lawmakers and industry leaders to create an ambitious and realistic roadmap to reduce single-use plastic. However, this precludes CalRecycle from adjusting the standards if they prove infeasible or insufficient. In summary, prescribed rates and dates can be more ambitious, acting as a north star for an EPR program, in contrast to those chosen by an agency which can be less ambitious but more feasible.

Ultimately, the state and the globe have committed to ambitious HFC emissions reductions. SB 1010 fits within these commitments by increasing the state’s ability to ensure a safe end-of-life for “hazardous and climate damaging” refrigerants. To be in line with state and global HFC reduction goals, the author/committee may consider including performance standards and dates picked in collaboration with relevant industry partners.

Related/Prior Legislation

AB 80 (Aguiar-Curry, 2025) creates an EPR program for carpets. This bill is held under submission.

SB 254 (Hancock, Chapter 388, Statutes of 2013) establishes an EPR program for mattresses.

SB 303 (Allen, 2023) amends SB 54 (Allen, 2022) to give additional authority to CalRecycle, including to adopt regulations on identifying responsible end markets and worker health and safety. This bill was vetoed.

DOUBLE REFERRAL:

This measure will be considered in the Senate Judiciary Committee on April 21, 2026.

SOURCE:

California Product Stewardship Council

SUPPORT:

OPPOSITION:

-- END --

1. American Iron and Steel Institute, Appliances and Steel Make Life Easier: Steel Appliance Facts

   https://www.steel.org/steel-markets/appliances ↑

2. American Iron and Steel Institute (2021) Determination of Steel Recycling Rates in the United States, Technical Report. ↑

3. DTSC (2021) Approved Certified Appliance Recycler List by City. ↑

4. DTSC, Certified Appliance Recycler (CAR) Program, https://dtsc.ca.gov/certified-appliance-recycler-car-program ↑

5. DTSC, CAR Program – Managing Major Appliances, https://dtsc.ca.gov/certified-appliance-recycler-car-program/car-program-managing-major-appliances/ ↑

6. US EPA (1993) Regulatory History of CFCs and Other Stratospheric Ozone-Depleting Chemicals (to 1993), https://www.epa.gov/archive/epa/aboutepa/regulatory-history-cfcs-and-other-stratospheric-ozone-depleting-chemicals-1993.html ↑

7. US EPA (2026) Technology Transitions GWP Reference Table, https://www.epa.gov/climate-hfcs-reduction/technology-transitions-gwp-reference-table ↑

8. Climate and Clean Air Coalition, Hydrofluorocarbons (HFCS), https://www.ccacoalition.org/short-lived-climate-pollutants/hydrofluorocarbons-hfcs ↑

9. NOAA Chemical Sciences Laboratory (2022) Projections of HFC emissions and the resulting global warming, https://csl.noaa.gov/news/2022/350_0511.html ↑

10. US EPA (2026) Recent International Developments under the Montreal Protocol, https://www.epa.gov/ozone-layer-protection/recent-international-developments-under-montreal-protocol ↑

11. CARB, Refrigerant Management Program, https://ww2.arb.ca.gov/es/our-work/programs/refrigerant-management-program/about ↑

12. The Refrigerant School, What are the Most Environmentally Friendly Refrigerants? https://www.rsi.edu/blog/skilled-trades/what-are-the-most-environmentally-friendly-refrigerants/ ↑

13. CARB, High-GWP Refrigerants, https://ww2.arb.ca.gov/resources/documents/high-gwp-refrigerants ↑

14. NOAA (2023) The Montreal Protocol banned this family of ozone-depleting chemicals. Why are some still increasing? https://research.noaa.gov/the-montreal-protocol-banned-this-family-of-ozone-depleting-chemicals-why-are-some-still-increasing/ ↑

15. CalRecycle, State Mattress Recycling Goals, https://calrecycle.ca.gov/mattresses/baseline/ ↑