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California Plastic Waste Reduction Regulations Initiative (2022)
| California Plastic Waste Reduction Regulations Initiative | |
|---|---|
 | |
| Election date November 8, 2022 | |
| Topic Business regulation | |
| Status Not on the ballot | |
| Type State statute | Origin Citizens |
The California Plastic Waste Reduction Regulations Initiative was not for the ballot in California as an initiated state statute on November 8, 2022.
Overview
What would the ballot initiative have done?
The ballot initiative would have required the California Department of Resources, Recycling, and Recovery (CalRecycle), in consultation with other agencies, to adopt regulations that reduce the use of single-use plastic packaging and foodware, including:[1]
- requiring producers to ensure that single-use plastic packaging and foodware is recyclable, reusable, refillable, or compostable by 2030;
- requiring producers to reduce or eliminate single-use plastic packaging or foodware that CalRecycle determines is unnecessary for product or food item delivery;
- requiring producers to reduce the amount of single-use plastic packaging and foodware sold in California by at least 25 percent by 2030;
- requiring producers to use recycled content and renewable materials in the production of single-use plastic packaging and foodware;
- establishing "mechanisms for convenient consumer access to recycling," including take-back programs and deposits;
- establishing and enforcing labeling standards to support the sorting of discarded single-use plastic packaging and foodware; and
- prohibiting food vendors from distributing expanded polystyrene food service containers.
The ballot initiative would have also enacted a fee, called the California Plastic Pollution Reduction Fee, on single-use plastic packaging and foodware. CalRecycle would have determined the fee amount with a maximum amount of 1 cent per item of packaging or foodware. Beginning in 2030, the fee would have been adjusted based on changes in the California Consumer Price Index.
How would revenue from the fee been distributed?
Revenue from the fee would have been distributed to CalRecycle, the California Natural Resources Agency, and local governments as follows:[1]
- 50% to CalRecycle for implementing and enforcing the measure and providing funds for statewide recycling, reduction, and composting efforts;
- 30% to the California Natural Resources Agency for state and local grants to address the environmental impacts of plastic pollution, such as habitat restoration; and
- 20% to local governments for recycling and composting programs and plastic pollution mitigation.
The Legislative Analyst's Office estimated that the measure would have resulted in increased state revenue but that the "magnitude of the revenue generated is uncertain but possibly in the range of a few billion dollars annually in the near term."[2]
Text of measure
Ballot title
The official ballot title would have been as follows:[3]
| “ |
Requires State Regulations to Reduce Plastic Waste, Tax Producers of Single-use Plastics, and Fund Recycling and Environmental Programs. Initiative Statute.[4] |
” |
Petition summary
The summary provided for inclusion on signature petition sheets was as follows:[3]
| “ |
Requires CalRecycle to adopt regulations reducing plastic waste, including to: (1) require that single-use plastic packaging, containers, and utensils be reusable, recyclable, or compostable, and to reduce such waste by 25%, by 2030; (2) prohibit polystyrene container use by food vendors; and (3) tax producers of single-use plastic packaging, containers, or utensils by January 1, 2022, and allocate revenues for recycling and environmental programs, including local water supply protection. Prohibits Legislature from reducing funding to specified state environmental agencies below 2019 levels.[4] |
” |
Fiscal impact
The fiscal impact statement would have been as follows:[3]
| “ |
State revenue from new tax on single-use plastic packaging and foodware likely in the range of a few billion dollars annually. Revenues would be used to administer and implement programs intended to reduce waste, increase recycling, and restore habitats. Unknown net effect on local governments. There would likely be increased costs for waste collecting and sorting which might be partially or fully offset by new tax revenue, payments from producers to support recycling, or lower costs associated with a reduction in total plastic waste collected.[4] |
” |
Full text
The full text of the ballot initiative is below:[1]
Support
Clean Coasts, Clean Water, Clean Streets, also known as Plastics Free California, led the campaign in support of the ballot initiative.[5] Proponents named the ballot initiative the California Recycling and Plastic Pollution Reduction Act.[1]
Supporters
Officials
- State Asm. Luz Maria Rivas (D)
- Los Angeles City Council Member Bob Blumenfield (Nonpartisan)
- Los Angeles City Council Member Mike Bonin (Nonpartisan)
- Los Angeles City Council Member Joe Buscaino (Nonpartisan)
- Los Angeles City Council Member Gilbert Cedillo (D)
- Los Angeles City Council Member Marqueece Harris-Dawson (Nonpartisan)
- Los Angeles City Council Member Paul Krekorian (D)
- Los Angeles City Council Member John Lee (Nonpartisan)
- Los Angeles City Council Member Nury Martinez (Nonpartisan)
- Los Angeles City Council Member Mitch O'Farrell (Nonpartisan)
- Los Angeles City Council Member Curren De Mille Price Jr. (Nonpartisan)
- Los Angeles City Council Member Nithya Raman (Nonpartisan)
- Los Angeles City Council Member Monica Rodriguez (Nonpartisan)
- Los Angeles City Council Member Kevin de León (D)
Corporations
Unions
Organizations
- Corn Refiners Association
- Natural Resources Defense Council
- Save The Bay
- Surfrider Foundation
- The Nature Conservancy
Arguments
Opposition
Stop the Tax on Working Families led the campaign in opposition to the initiative.[6]
Opponents
Organizations
Arguments
Campaign finance
One PAC, Clean Coasts, Clean Water, Clean Streets, was registered to support the ballot initiative. The PAC terminated on November 2, 2021. The committee raised $4.26 million, including $3.84 million from Recology, Inc. One PAC, Stop the Tax on Working Families, was registered in opposition to the initiative. It reported $450,000 in contributions.[7]
| Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures | |
|---|---|---|---|---|---|
| Support | $4,257,235.00 | $5,594.00 | $4,262,829.00 | $4,441,802.18 | $4,447,396.18 |
| Oppose | $450,000.00 | $0.00 | $450,000.00 | $0.00 | $0.00 |
| Total | $4,707,235.00 | $5,594.00 | $4,712,829.00 | $4,441,802.18 | $4,447,396.18 |
Support
The following table includes contribution and expenditure totals for the committee in support of the ballot initiative.[7]
| Committees in support of California Plastic Waste Reduction Regulations Initiative (2022) | |||||
|---|---|---|---|---|---|
| Committee | Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures |
| Clean Coasts, Clean Water, Clean Streets | $4,257,235.00 | $5,594.00 | $4,262,829.00 | $4,441,802.18 | $4,447,396.18 |
| Total | $4,257,235.00 | $5,594.00 | $4,262,829.00 | $4,441,802.18 | $4,447,396.18 |
Donors
The following were the top four donors to the support committees.[7]
| Donor | Cash Contributions | In-Kind Contributions | Total Contributions |
|---|---|---|---|
| Recology, Inc. | $3,835,000.00 | $0.00 | $3,835,000.00 |
| Corn Refiners Association | $250,000.00 | $0.00 | $250,000.00 |
| The Nature Conservancy | $51,000.00 | $0.00 | $51,000.00 |
| New Approach PAC | $50,000.00 | $0.00 | $50,000.00 |
| Oceana, Inc. | $50,000.00 | $0.00 | $50,000.00 |
Opposition
The following table includes contribution and expenditure totals for the committee in opposition to the ballot measure.[7]
| Committees in opposition to California Plastic Waste Reduction Regulations Initiative (2022) | |||||
|---|---|---|---|---|---|
| Committee | Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures |
| Stop the Tax on Working Families, a Coalition of Taxpayer Groups and Business Associations Advocating to Keep California Affordable | $450,000.00 | $0.00 | $450,000.00 | $0.00 | $0.00 |
| Total | $450,000.00 | $0.00 | $450,000.00 | $0.00 | $0.00 |
Donors
The following table shows the top donors to the committee registered in opposition to the ballot measure.[7]
| Donor | Cash Contributions | In-Kind Contributions | Total Contributions |
|---|---|---|---|
| American Chemistry Council | $250,000.00 | $0.00 | $250,000.00 |
| California Business Roundtable | $200,000.00 | $0.00 | $200,000.00 |
Methodology
To read Ballotpedia's methodology for covering ballot measure campaign finance information, click here.
Background
CalRecycle
The California Department of Resources, Recycling, and Recovery, also known as CalRecycle, was created in 2010 to succeed the California Integrated Waste Management Board. CalRecycle is a department within the California Environmental Protection Agency.
CalRecycle is responsible for administering state-managed non-hazardous waste handling and recycling programs and providing training and support to local recycling and landfill enforcement.[8]
Laws on plastics recycling and use in California
California Proposition 11 (1982)
In 1982, voters rejected Proposition 11, a citizen-initiated measure that would have required beverage containers to have a refund value.
AB 2020 (1986)
In 1986, the state Legislature passed AB 2020, the Beverage Container Recycling and Litter Reduction Act. AB 2020 established refund values for beverage container recycling.[9] California was the ninth state to adopt a beverage container deposit law.[10]
AB 888 (2015)
In 2015, the state Legislature passed AB 888, banning the sale of personal care products containing plastic microbeads.[11]
California Proposition 67 (2016)
In 2016, voters approved Proposition 67, upholding a law banning plastic single-use bags and making California the first state to enact a ban. In 2014, the California State Legislature passed a bill to ban plastic single-use bags, but the American Progressive Bag Alliance, a project of the Society of the Plastics Industry, launched a veto referendum campaign to overturn the legislation. The American Progressive Bag Alliance received $6.15 million, including $2.78 million from Hilex Poly Co. LLC, $1.15 million from Formosa Plastics Corporation U.S.A., and $1.11 million from Superbag Corp. The campaign to uphold the legislation received $3.69 million; the largest donor was Albertsons Safeway, contributing $150,000.
AB 793 (2020)
In 2020, the state Legislature passed AB 793, which required beverage manufacturers to use minimum percentages of post-consumer recycled plastic in plastic beverage containers. Manufacturers were mandated to use 15 percent in 2022, 25 percent in 2025, and 50 percent in 2030.[12]
Path to the ballot
Process in California
In California, the number of signatures required for an initiated state statute is equal to 5 percent of the votes cast in the preceding gubernatorial election. Petitions are allowed to circulate for 180 days from the date the attorney general prepares the petition language. Signatures need to be certified at least 131 days before the general election. As the verification process can take multiple months, the secretary of state provides suggested deadlines for ballot initiatives.
The requirements to get initiated state statutes certified for the 2022 ballot:
- Signatures: 623,212 valid signatures were required.
- Deadline: The deadline for signature verification was 131 days before the general election, which was around June 30, 2022. However, the process of verifying signatures can take multiple months and proponents are recommended to file signatures at least two months before the verification deadline.
Signatures are first filed with local election officials, who determine the total number of signatures submitted. If the total number is equal to at least 100 percent of the required signatures, then local election officials perform a random check of signatures submitted in their counties. If the random sample estimates that more than 110 percent of the required number of signatures are valid, the initiative is eligible for the ballot. If the random sample estimates that between 95 and 110 percent of the required number of signatures are valid, a full check of signatures is done to determine the total number of valid signatures. If less than 95 percent are estimated to be valid, the initiative does not make the ballot.
Stages of this initiative
On November 4, 2019, Michael J. Sangiacomo, Caryl Hart, Linda Escalante filed the ballot initiative.[1] Attorney General Xavier Becerra (D) released ballot language for the initiative on January 8, 2020, which allowed proponents to begin collecting signatures. The original deadline to file signatures was July 6, 2020.
On February 19, 2020, proponents announced that the number of collected signatures surpassed the 25-percent threshold (155,803 signatures) to require legislative hearings on the ballot initiative.[13] In 2014, Senate Bill 1253 was enacted into law, which required the legislature to assign ballot initiatives that meet the 25-percent threshold to committees to hold joint public hearings on the initiatives not later than 131 days before the election.
Eric Potashner, vice president of Recology, said the campaign had collected more than 800,000 signatures for the ballot initiative before the suggested deadline of April 21, 2020, but wanted to collect between 900,000 to 950,000. Potashner, citing the coronavirus pandemic, said, "Even if I had a million signatures, I don't know if we'd be submitting this thing till after June anyway. I don't know if this is the right climate for this measure right now. People care about plastics a whole lot, but it's going to be tough out there for a little bit." Potashner also noted that the ballot initiative's provisions would not take effect until 2030, "so pushing this issue... to 2022 doesn't have any practical implications in what we're trying to do."[14][15]
On June 23, 2020, the campaign sued the state to extend the deadline to file signatures beyond July 6, 2020. The lawsuit asked the court to extend the deadline until all California counties had moved into the third reopening stage following the coronavirus stay-at-home order or by at least 90 days. On July 2, 2020, Judge James P. Arguelles ordered that the deadline be extended to September 28, 2020, to account for the shelter-in-place order and coronavirus-related government restrictions.[16]
On August 11, 2020, the campaign filed 871,940 signatures.[17] At least 623,212 signatures (around 71.64 percent) needed to be valid. Counties were not required to report the number of valid signatures according to the random sample until March 9, 2021, due to a coronavirus-related executive order.[18]
On March 9, the random sample of signatures did not project that 110% or more of the signatures were valid. Therefore, a full check of the signatures was required. The deadline for completing the full check was set as April 22, 2021, but was later extended to July 19, 2021.[19]
On July 19, the office of Secretary of State Shirley Weber announced that 666,664 signatures were valid, meaning the number of signatures exceeded the requirement of 623,212.[20]
On June 30, 2022, the California State Legislature passed and Gov. Gavin Newsom (D) signed Senate Bill 54 (SB 54), which requires all packaging in the state to be recyclable or compostable and 65% of all single-use plastic packaging to be recycled by 2032. SB 54 was a legislative compromise between the stakeholders of the initiative and the legislature. The sponsors of the initiative withdrew the initiative after it was signed.[21]
How to cast a vote
- See also: Voting in California
Click "Show" to learn more about voter registration, identification requirements, and poll times in California.
| How to cast a vote in California | |||||
|---|---|---|---|---|---|
Poll timesAll polls in California are open from 7:00 a.m. to 8:00 p.m. Pacific Time. An individual who is in line at the time polls close must be allowed to vote.[22] Registration
To vote in California, an individual must be a U.S. citizen and California resident. A voter must be at least 18 years of age on Election Day. Pre-registration is available at 16 years of age. Pre-registered voters are automatically registered to vote when they turn 18.[23] Automatic registrationCalifornia automatically registers eligible individuals to vote when they complete a driver's license, identification (ID) card, or change of address transaction through the Department of Motor Vehicles. Learn more by visiting this website. Online registration
California has implemented an online voter registration system. Residents can register to vote by visiting this website. Same-day registrationCalifornia allows same-day voter registration. Californians must be registered to vote at least 15 days before Election Day. If the registration deadline has passed for an upcoming election, voters may visit a location designated by their county elections official during the 14 days prior to, and including Election Day to conditionally register to vote and vote a provisional ballot, which are counted once county election officials have completed the voter registration verification process. The state refers to this process as Same Day Voter Registration.[24][25] Residency requirementsTo register to vote in California, you must be a resident of the state. State law does not specify a length of time for which you must have been a resident to be eligible. Verification of citizenshipCalifornia's constitution requires that voters be U.S. citizens. When registering to vote, proof of citizenship is not required. Individuals who become U.S. citizens less than 15 days before an election must bring proof of citizenship to their county elections office to register to vote in that election. An individual applying to register to vote must attest that they are a U.S. citizen under penalty of perjury.[24] As of November 2024, two jurisdictions in California had authorized noncitizen residents to vote for local board of education positions through local ballot measures. Only one of those jurisdictions, San Francisco, had implemented that law. Noncitizens voting for board of education positions must register to vote using a separate application from the state voter registration application.[26] All 49 states with voter registration systems require applicants to declare that they are U.S. citizens in order to register to vote in state and federal elections, under penalty of perjury or other punishment.[27] Seven states — Alabama, Arizona, Georgia, Kansas, Louisiana, New Hampshire, and Wyoming — have laws requiring verification of citizenship at the time of voter registration, whether in effect or not. In three states — California, Maryland, and Vermont — at least one local jurisdiction allows noncitizens to vote in some local elections. Noncitizens registering to vote in those elections must complete a voter registration application provided by the local jurisdiction and are not eligible to register as state or federal voters. Verifying your registrationThe secretary of state's My Voter Status website allows residents to check their voter registration status online. Voter ID requirementsCalifornia does not require voters to present identification before casting a ballot in most cases. However, some voters may be asked to show a form of identification when voting if they are voting for the first time after registering to vote by mail and did not provide a driver license number, California identification number, or the last four digits of their social security number.[28][29] On September 29, 2024, Gov. Gavin Newsom (D) signed SB 1174 into law prohibiting any jurisdiction in the state from adopting a local law that requires voters to present ID before voting.[30] The following list of accepted ID was current as of October 2024. Click here for the California Secretary of State page to ensure you have the most current information.
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See also
External links
Footnotes
- ↑ 1.0 1.1 1.2 1.3 1.4 California Attorney General, "Initiative 19-0028," November 4, 2019
- ↑ California Legislative Analyst's Office, "Initiative 2019-028," December 26, 2019
- ↑ 3.0 3.1 3.2 California Secretary of State, "Initiatives and Referenda Cleared for Circulation," accessed January 10, 2020
- ↑ 4.0 4.1 4.2 4.3 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ Plastics Free California, "Homepage," accessed August 12, 2020
- ↑ Stop Taxing Families, "Home," April 25, 2022
- ↑ 7.0 7.1 7.2 7.3 7.4 Cal-Access, "Campaign Finance," accessed March 11, 2020
- ↑ California Department of Resources, Recycling, and Recovery, "What We Do," accessed July 19, 2021
- ↑ California Department of Resources, Recycling, and Recovery, "California’s Bottle Bill Turns 30," September 11, 2017
- ↑ NCSL, "State Beverage Container Deposit Laws," March 13, 2020
- ↑ California State Legislature, "AB 888," accessed July 19, 2021
- ↑ California State Legislature, "AB 793," accessed July 19, 2021
- ↑ California Secretary of State, "Proponent Letter of 25% of Signatures Reached," February 19, 2020
- ↑ Facebook, "Pacific Water Quality Association," April 23, 2020
- ↑ The Press Democrat, "Coronavirus pandemic prompts backslide of environmental protection work," May 16, 2020
- ↑ Superior Court of Sacramento County, California, "Sangiacomo v. Padilla," July 2, 2020
- ↑ Californians Against Waste, "Press Release: California Initiative To Fight Plastic Pollution Submits Petitions To Qualify For Statewide Ballot," August 11, 2020
- ↑ California Governor, "Executive Order N-76-20," August 26, 2020
- ↑ Twitter, "John Myers," accessed April 22, 2021
- ↑ California Secretary of State, "Initiative: #1885 Related to Plastic Waste – Eligibility for Ballot," July 19, 2021
- ↑ CalMatters, "Deal pulls California plastic trash measure from ballot," June 30, 2022
- ↑ California Secretary of State, "Section 3: Polling Place Hours," accessed August 12, 2024
- ↑ California Secretary of State, "Voter Registration," accessed August 13, 2024
- ↑ 24.0 24.1 California Secretary of State, "Registering to Vote," accessed August 13, 2024
- ↑ California Secretary of State, "Same Day Voter Registration (Conditional Voter Registration)," accessed August 13, 2024
- ↑ SF.gov, "Non-citizen voting rights in local Board of Education elections," accessed November 14, 2024
- ↑ Under federal law, the national mail voter registration application (a version of which is in use in all states with voter registration systems) requires applicants to indicate that they are U.S. citizens in order to complete an application to vote in state or federal elections, but does not require voters to provide documentary proof of citizenship. According to the U.S. Department of Justice, the application "may require only the minimum amount of information necessary to prevent duplicate voter registrations and permit State officials both to determine the eligibility of the applicant to vote and to administer the voting process."
- ↑ California Secretary of State, "What to Bring to Your Polling Place," accessed August 12, 2024
- ↑ BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS, "Section 20107," accessed August 12, 2024
- ↑ Democracy Docket, "California Governor Signs Law to Ban Local Voter ID Requirements," September 30, 2024
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