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

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Date Published: 08/06/2018 02:00 PM
SB168:v91#DOCUMENT

Amended  IN  Assembly  August 06, 2018
Amended  IN  Assembly  July 05, 2018
Amended  IN  Assembly  July 02, 2018
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 amend Section 14549 of, 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, 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. The bill would authorize the department to adjust the minimum content standards, as specified, but not more frequently than annually. 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 a beverage manufacturer not in compliance with the new minimum content standards is subject to enforcement under the act. The bill would provide that once these new minimum content standards are established for glass beverage containers, a container manufacturer is not required to comply with the existing postfilled glass requirement noted above, and shall instead comply with the newly established minimum content standards for glass beverage containers. 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 evaluate other beverage container redemption programs and to provide to the Legislature a report on aspects of those programs that may be incorporated into California’s beverage container redemption 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: YES  

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) (1) On or before January 1, 2021, 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. The department may adjust the standards as necessary, based on market conditions, supply, and technology advancements, but shall not adjust the standards more frequently than annually. factors that may include, but are not limited to, any of the following factors:
(A) Market conditions.
(B) Supply.
(C) Technology advancements.
(D) Environmental considerations.
(2) The department shall not adjust the standards more frequently than annually.
(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) A beverage manufacturer not in compliance with the minimum content standards established pursuant to subdivision (a) shall be subject to enforcement under this chapter, including, but not limited to, under Section 14591.
(d) In accordance with subdivision (d) of Section 14549, the minimum content standards established pursuant to subdivision (a) for glass beverage containers shall replace the postfilled glass requirements imposed on container manufacturers for the manufacture of glass beverage containers pursuant to Section 14549.
(e) 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 of the Public Resources Code is amended to read:

14549.
 (a) Every glass container manufacturer shall report to the department each month, by a method as determined by the department, the amount of total tons of new glass food, drink, and beverage containers made in California by that glass container manufacturer and the tons of California postfilled glass used in the manufacturing of those new containers.
(b) Each glass container manufacturer in the state shall use a minimum percentage of 35 percent of postfilled glass in the manufacturing of their its glass food, drink, or beverage containers measured in the aggregate, on an annual basis, except that if a glass container manufacturer demonstrates to the satisfaction of the department that its use of postfilled glass during the annual period is made up of at least 50 percent mixed-color cullet, then that manufacturer shall use a minimum percentage of 25 percent postfilled glass in the manufacturing of its glass food, drink, or beverage containers, measured in the aggregate, on an annual basis.
(c) A glass container manufacturer may seek a reduction or waiver of the minimum postfilled glass percentage required to be used in the manufacture of glass food, drink, or beverage containers pursuant to subdivision (b). The department may grant a reduction or waiver of the percentage requirement if it finds and determines that it is technologically infeasible for the glass container manufacturer to achieve the percentage requirement or if the department determines that a glass container manufacturer cannot achieve the minimum percentage because of a lack of available glass cullet.
(d) Once minimum content standards are established pursuant to subdivision (a) of Section 14548 for glass beverage containers, a container manufacturer is not required to comply with the postfilled glass requirements for the manufacture of glass beverage containers imposed pursuant to this section, and shall instead comply, in the manufacture of glass beverage containers, with the minimum content standards established for glass beverage containers pursuant to subdivision (a) of Section 14548.
(e) For the purposes of this section, “mixed-color cullet” means cullet that does not meet the American Society for Testing and Materials (ASTM) standard specifications for color mix of color sorted postfilled glass as raw material for the manufacture of glass containers.

SEC. 4.

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

14549.7.
 (a) On or before January 1, 2020, the department shall evaluate other beverage container redemption programs, including, but not limited to, the programs in Oregon and Michigan, and in British Columbia and Alberta, Canada, to identify and provide to the Legislature a report on aspects of those programs that may be incorporated into California’s beverage container redemption program to improve the convenience and performance 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. 5.

 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.