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Assembly committee passes ban on single‑use disposable vapes to appropriations amid enforcement concerns
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Summary
The Assembly Business and Professions Committee voted to pass AB 762 (Erwin) as amended to the appropriations committee. The bill would ban sales of single‑use disposable vaping devices to reduce lithium‑ion battery fires at waste facilities; supporters cited firefighter and waste‑worker safety while opponents warned it could expand the illicit market and hurt medical cannabis users.
Assemblymember Erwin’s AB 762, which would ban the sale and distribution of single‑use disposable vaping devices in California, cleared the Assembly Business and Professions Committee on a vote to send the measure as amended to the Committee on Appropriations.
Erwin, the bill’s author, told the committee the devices are designed without charging ports so a battery and device are discarded after roughly a week, and argued that nonremovable lithium‑ion batteries in disposables pose a significant fire risk to waste‑handling facilities and first responders. "Lithium ion batteries and vapes are highly flammable," Erwin said during his presentation, and added that local governments and ratepayers shoulder the costs when facilities experience fires.
Why it matters: witnesses from waste‑handling agencies and firefighter unions described recent fires and heavy operational costs tied to lithium‑ion battery incidents. Joe LaMariana, executive director of Rethink Waste, recounted a four‑alarm fire at his facility that led to a four‑month closure, tens of millions in lost operations and much higher insurance costs. Doug Soopers of the California Professional Firefighters said reducing single‑use batteries in the waste stream would lower risks to firefighters and the public.
Opponents — including industry groups and law enforcement representatives — urged caution. O'Gorman Jenkins of the California Cannabis Operators Association said integrated cannabis vape products are a small but medically important subset of devices and that removing legal options risks pushing consumers to the illicit market. Lieutenant Nate Gergich of the Sacramento County Sheriff's Office described the growing illicit vape trade, saying unregulated products can be tied to organized criminal networks and are often sold to minors.
Committee members pressed both sides on the bill’s likely effect on the illicit market and on enforcement capacity. Several members asked whether banning disposables would simply drive consumers to illegal products, and who would enforce the ban. Erwin pointed to license revocation, civil penalties in the bill and a $38 million enforcement fund tied to a prior statute as tools to strengthen enforcement. Opposition witnesses said enforcement is fragmented and retail illicit sellers are difficult to deter with existing penalties alone.
Vote and next steps: the committee voted to pass AB 762 as amended to the Committee on Appropriations. The roll call recorded multiple ayes and several no votes; the measure will face further review in appropriations and may be amended again.
What’s next: AB 762 advances to the appropriations committee, where legislators will weigh fiscal impacts, potential enforcement costs, and any technical changes. Supporters said they expect to continue negotiations with industry groups and law‑enforcement partners as the bill moves forward.
