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State bill would ban disposable vape pens in California

AB 762 has passed the Legislature after a tossed vape ignited a small brushfire on Kanan Dume Road last week.

By Hans Laetz

Last week, KBUU broke the news about a used vape pen that had been tossed, lit, out of a car on Kanan Dume Road. A small brushfire was ignited by the pen. Firefighters showed a KBUU radio reporter the center of a bush that had caught fire, the vape pen still smoldering.

Now comes word that the state may ban all vape cigarettes under a bill that has passed out of the State Senate and Assembly. A decision from the governor is awaited on whether he will sign it.

Brushfire danger like this was not listed as a reason for Assembly Bill 762 by its sponsors.

If the governor signs it, AB 762 would make all battery-powered disposable devices illegal to manufacture, distribute or sell in California.

The bill's sponsor, Assemblymember Jacqui Irwin, said in a news release she wants the governor to sign it. "We are hopeful the Governor will recognize the threat these devices pose to our communities and that the costs of cleaning up the mess these devices leave are borne by ratepayers."

The bill targets single-use, battery-embedded electronic cigarettes that contain tobacco products. To be legal under the new law, a vape device must be both refillable or use replaceable pods, and have a rechargeable battery. Otherwise they couldn't be sold after Jan. 1, 2028.

With the end of the legislative session happening Friday, the governor has been handed a pile of bills.

KBUU radio reported about the vape-caused fire Monday morning, and city council members Monday night asked if it was illegal for people to toss vapes out the window. A sheriff's deputy said yes, it is illegal in California to toss burning objects from a moving vehicle.

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