Bill Text

Bill Information

PDF |Add To My Favorites |Track Bill | print page

SB-168 Recycling: beverage containers.(2017-2018)

SHARE THIS:share this bill in Facebookshare this bill in Twitter
Date Published: 06/19/2018 09:00 PM
SB168:v94#DOCUMENT

Amended  IN  Assembly  June 19, 2018
Amended  IN  Assembly  May 24, 2018
Amended  IN  Senate  January 18, 2018
Amended  IN  Senate  April 06, 2017
Amended  IN  Senate  February 28, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 168


Introduced by Senator Wieckowski
(Coauthor: Senator Stone)

January 23, 2017


An act to add Sections 14514.2 and 14548 to, and to add and repeal Section 14549.7 of, the Public Resources Code, relating to recycling.


LEGISLATIVE COUNSEL'S DIGEST


SB 168, as amended, Wieckowski. Recycling: beverage containers.
Existing law, the California Beverage Container Recycling and Litter Reduction Act, requires every beverage container sold or offered for sale in this state to have a minimum refund value. Under existing law, a beverage distributor is required to pay a redemption payment to the Department of Resources Recycling and Recovery for every beverage container sold or offered for sale in the state to a dealer, and the department is required to deposit those amounts in the continuously appropriated California Beverage Container Recycling Fund.
Existing law requires each glass container manufacturer to use a minimum percentage of 35% of postfilled glass in the manufacturing of its glass food, drink, or beverage containers.
Existing law provides that a violation of the act or a regulation adopted pursuant to the act is a crime.
This bill would require the department, on or before January 1, 2023, 2021, to establish minimum content standards, as defined, for beverage containers that are constructed of metal, glass, or plastic, or other material, or any combination thereof, except as specified in the above provision. The existing postfilled glass requirement noted above. The bill would require a beverage manufacturer to certify with the department, under penalty of perjury, that it is in compliance with the new minimum content standards and would provide that each day a beverage manufacturer fails to meet the new minimum content standards constitutes a separate violation. The bill would require a beverage manufacturer to report to the department for each month the amount of beverage containers sold in California by the beverage manufacturer and the amount of postconsumer recycled content used in the manufacturing of those containers. By expanding the crime of perjury and creating new crimes relating to the regulation of beverage containers, the bill would impose a state-mandated local program.
The bill would require the department, on or before January 1, 2020, to provide to the Legislature a report on the establishment and implementation of an extended producer responsibility program to replace the current California beverage container recycling program, as specified.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NOYES  

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


SECTION 1.

 Section 14514.2 is added to the Public Resources Code, to read:

14514.2.
 “Minimum content standard” means a requirement for the minimum percentage of a material type that a beverage container is constructed of, including, but not limited to, recycled material.

SEC. 2.

 Section 14548 is added to the Public Resources Code, to read:

14548.
 (a) On or before January 1, 2023, 2021, and except as provided in Section 14549, the department shall establish minimum content standards for beverage containers that are constructed of metal, glass, or plastic, or other material, or any combination thereof.
(b) A beverage manufacturer shall certify with the department, under penalty of perjury, that it is in compliance with the minimum content standards established pursuant to subdivision (a).
(c) Failure of a beverage manufacturer to meet the minimum content standards established pursuant to subdivision (a) shall constitute a separate violation per day until the beverage manufacturer meets or exceeds the minimum content requirements.
(d) A beverage manufacturer shall report to the department for each month the amount of beverage containers sold in California by the beverage manufacturer and the amount of postconsumer recycled content used in the manufacturing of those containers.

SEC. 3.

 Section 14549.7 is added to the Public Resources Code, to read:

14549.7.
 (a) On or before January 1, 2020, the department shall provide to the Legislature a report on the establishment and implementation of an extended producer responsibility program to replace the current beverage container recycling program established by this division. The report shall include, but is not limited to, analyses and recommendations on all of the following:
(1) Establishment of a stewardship organization, including all of the following:
(A) Membership of the organization.
(B) Classification of the organization, such as whether the organization should be a nonprofit organization.
(C) Duties and responsibilities of the organization, including the components of a stewardship plan and annual reports to be submitted by the organization.
(2) Program funding.
(3) Goals of the program.
(4) Oversight and enforcement of the program.
(b) (1) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
(2) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2024.

SEC. 4.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.