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AB-2779 Recycling: single-use plastic beverage container caps. (2017-2018)

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Date Published: 05/26/2018 04:00 AM
AB2779:v98#DOCUMENT

Amended  IN  Assembly  May 25, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2779


Introduced by Assembly Members Mark Stone and Calderon
(Coauthor: Assembly Member Bloom)

February 16, 2018


An act to add Chapter 6.3 (commencing with Section 42380) to Part 3 of Division 30 of the Public Resources Code, relating to recycling.


LEGISLATIVE COUNSEL'S DIGEST


AB 2779, as amended, Mark Stone. Recycling: single-use plastic beverage container caps.
The California Integrated Waste Management Act of 1989, which is administered by the Department of Resources Recycling and Recovery, requires every rigid plastic packaging container, as defined, sold or offered for sale in this state, to generally meet one of specified criteria.
This bill would prohibit a retailer, on and after an unspecified date, retailer from selling or offering for sale a single-use plastic beverage container with a cap that is not tethered to or contiguously affixed to the beverage container. container on and after January 1, 2022, for beverage containers containing water. The bill would provide that these prohibitions do not apply for beverage containers manufactured by small bottlers, which the bill would define as a bottler with less than unspecified amounts of sales and employees. The bill would define terms for purposes of these provisions.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Chapter 6.3 (commencing with Section 42380) is added to Part 3 of Division 30 of the Public Resources Code, to read:
CHAPTER  6.3. Plastic Beverage Container Caps

42380.
 For the purposes of this chapter, the following definitions shall apply:
(a) “Beverage” has the same meaning as in Section 14504.
(b) “Beverage container” or “container” means an individual, separate bottle, can, jar, carton, or other receptacle, however denominated, in which one liter or less of a beverage is sold, and that is constructed of plastic. “Beverage container” does not include a cup or other similar open or loosely sealed receptacle.

(b)

(c) “Retailer” means a person who sells a beverage in a beverage container to a consumer.

(c)

(d) “Single use” means intended for disposal after one use and used for serving or transporting a prepared, ready-to-consume product.

(d)“Beverage container” means an individual, separate bottle, can, jar, carton, or other receptacle, however denominated, in which one liter or less of a beverage is sold, and that is constructed of plastic. “Beverage container” does not include a cup or other similar open or loosely sealed receptacle.

(e) “Small bottler” means a company that manufactures a beverage in a beverage container and has less than ____ dollars ($____) in annual sales and less than ____ employees.

42381.
 On and after ____, January 1, 2022, a retailer shall not sell or offer for sale, in the state, a single-use beverage container containing water with a cap, unless the container meets one of the following conditions:
(a) The cap is tethered to the container in a manner that prevents the separation of the cap from the container when the cap is removed from the container.
(b) The cap includes an opening from which the beverage can be consumed while the cap is screwed onto or otherwise contiguously affixed to the container.

42382.
 This chapter shall not apply for beverage containers manufactured by small bottlers.