California Attorney General on Oct. 29 asked the U.S. Court of Appeals for the D.C. Circuit to vacate a federal determination that the state's law phasing out disposable one-pound propane cylinders is preempted by federal hazardous materials law.
The Pipeline and Hazardous Materials Safety Administration published the determination Sept. 10, finding that Senate Bill 1280 is preempted because it imposes requirements that are “not substantively the same” as cylinder designs prescribed by the federal Hazardous Materials Regulations and stands as an obstacle to the purposes of the Hazardous Materials Transportation Act.
PHMSA published a notice Jan. 9 that Worthington Enterprises, an Ohio-based maker of disposable propane cylinders, had asked it to find the law preempted. Bonta's office submitted a comment letter defending SB 1280.
SB 1280, by Sen. , D-Santa Cruz, prohibits, with limited exceptions, the sale in California of certain non-reusable and non-fillable propane cylinders beginning Jan. 1, 2028. The cylinders, generally one-pound containers, are used for camping stoves, portable heaters and lanterns.
Although the cylinders are supposed to be disposed of as hazardous waste, an estimated 3 million of the estimated 4 million sold in California each year end up in municipal waste streams, according to Bonta's office. Many contain leftover gas that can explode or catch fire when crushed in a garbage truck, sorting facility, landfill or recycling plant.
Bonta's office argues the law is not preempted because federal rules authorize refillable propane cylinders, which are widely available, and because SB 1280 does not regulate the transportation of disposable cylinders.
“Once again, the Trump Administration is trying to overrule California’s laws aimed at protecting public safety, health, and the environment,” Bonta said. “Let’s be clear about what this law does: It will protect workers and the environment from residual propane explosions and save local governments millions of tax dollars in waste management costs.”
“Let’s be clear: this law doesn’t ban propane. It simply replaces dangerous single-use cylinders with refillable alternatives,” Laird said. “Yet the Trump Administration would rather protect a company’s business model than the safety of California workers and taxpayers.”
State
Rob Bonta
Attorney General · Democrat
Named once in this story.
Portrait: Official portrait
State
John Laird
State Senator · Democrat
Named 2 times in this story.
Portrait: Official portrait
Sources & methodology
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