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AB-1080 California Circular Economy and Plastic Pollution Reduction Act.(2019-2020)

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Date Published: 05/22/2019 09:00 PM
AB1080:v96#DOCUMENT

Amended  IN  Assembly  May 22, 2019
Amended  IN  Assembly  May 07, 2019
Amended  IN  Assembly  March 19, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill No. 1080


Introduced by Assembly Members Gonzalez, Calderon, Friedman, and Ting
(Principal coauthor: Senator Allen)
(Coauthors: Assembly Members Boerner Horvath, Kamlager-Dove, and McCarty)
(Coauthors: Senators Skinner, Stern, Wieckowski, and Wiener)

February 21, 2019


An act to add Chapter 3 (commencing with Section 42040) to Part 3 of Division 30 of the Public Resources Code, relating to solid waste.


LEGISLATIVE COUNSEL'S DIGEST


AB 1080, as amended, Gonzalez. California Circular Economy and Plastic Pollution Reduction Act.
The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, generally regulates the disposal, management, and recycling of solid waste, including, among other solid waste, single-use plastic straws.
The Sustainable Packaging for the State of California Act of 2018 prohibits a food service facility located in a state-owned facility, operating on or acting as a concessionaire on state property, or under contract to provide food service to a state agency from dispensing prepared food using a type of food service packaging unless the type of food service packaging is on a list that the department publishes and maintains on its internet website that contains types of approved food service packaging that are reusable, recyclable, or compostable.
Existing law makes a legislative declaration that it is the policy goal of the state that not less than 75% of solid waste generated be source reduced, recycled, or composted by 2020.
This bill would establish enact the California Circular Economy and Plastic Pollution Reduction Act, which would require the department, in consultation with the State Water Resources Control Board and the Ocean Protection Council, to adopt, on or before January 1, 2023, regulations to achieve, establish the policy goal of the state that, by 2030, manufacturers and retailers achieve a 75% reduction by manufacturers and retailers of the waste generated from single-use packaging and products offered for sale or sold in the state through source reduction, recycling, or composting. The bill would require those regulations to include specified requirements, including, among others, that the department, before January 1, 2023, to adopt regulations that require manufacturers and retailers, retailers to source reduce, to the maximum extent feasible, source reduce single-use packaging and products and transition single-use packaging and products to reusable packaging and products, that manufacturers and retailers reduce waste generation of single-use plastic packaging and products by 75% through combined source reduction and recycling, and priority single-use plastic products, as defined, and to ensure that all single-use packaging and priority single-use plastic products offered for sale or sold in the California market are recyclable or compostable on and after 2030. compostable. The bill would require manufacturers and retailers to annually report specified information to the department. The bill would require the department, before adopting the regulations, to develop a scoping plan to achieve those requirements. plan, as specified.
The bill would require the department to develop criteria to determine which types of single-use packaging or priority single-use plastic products are reusable, recyclable, or compostable. The bill would require local governments, solid waste facilities, recycling facilities, and composting facilities to provide information requested by the department for purposes of developing that criteria. By imposing additional duties on local governments, the bill would impose a state-mandated local program.
The bill would require a manufacturer of single-use plastic packaging or priority single-use plastic products sold or distributed in California to demonstrate a recycling rate of not less than 20% on and after January 1, 2022, 2024, not less than 40% on and after January 1, 2026, 2028, and not less than 75% on and after January 1, 2030, as a condition of sale, and would authorize the department to impose a higher recycling rate as a condition of sale, 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Chapter 3 (commencing with Section 42040) is added to Part 3 of Division 30 of the Public Resources Code, to read:
CHAPTER  3. California Circular Economy and Plastic Pollution Reduction Act

42040.
 This chapter shall be known, and may be cited, as the California Circular Economy and Plastic Pollution Reduction Act.

42041.
 The Legislature finds and declares all of the following:
(a) Annual global production of plastic has reached 335 million tons and continues to rise. The United States alone discards 30 million tons each year. Global plastic production severely restricting the amount of contaminated and poorly sorted plastics it would accept. This shift in China’s policy has resulted in the loss of markets for low-value plastic packaging that was previously considered recyclable. That material is now being landfilled or burned.
(e) Additionally, the foreign market for recycled paper has collapsed in California. Foreign exports of mixed paper fell from over 400,000 tons in the first quarter of 2017 to just 136,000 tons in the first quarter of 2018. The price of mixed paper fell from ninety-five dollars ($95) per ton to just ten dollars ($10) a ton in the same timeframe.
(f) The loss of markets for recyclable material has added huge costs to local governments for the disposal and diversion of material. For many cities, counties, and waste haulers in California, recycling has turned from a profitable business into an activity that actually costs local governments money. These costs are being absorbed by city general funds or by rate increases on residents for waste collection.
(g) The environmental and public health impacts of plastic pollution are devastating and the environmental externalities and public costs of cleaning up and mitigating plastic pollution are already staggering and continue to grow.
(h) Local governments in California annually spend in excess of four hundred twenty million dollars ($420,000,000) in ongoing efforts to clean up and prevent plastic and other litter from entering our rivers and streams and polluting our beaches and oceans.
(i) Evidence now shows that even our own food and drinking water sources are contaminated with plastic. Microplastics have been found in tap water, bottled water, table salt, and fish and shellfish from local California fish markets. A growing body of research is finding plastic and associated toxins throughout the food web, including in our blood, feces, and tissues. Exposure to these toxins has been linked to cancers, birth defects, impaired immunity, endocrine disruption, and other ailments.
(j) It is the policy goal of the state that not less than 75 percent of solid waste generated be source reduced, recycled, or composted by the year 2020. However, as of 2017, the state was only on track to reach 44 percent, falling far short of this important goal. Additionally, the state has done little to require businesses to reduce the amount of packaging and single-use product waste they generate in California.
(k) As the fifth largest economy in the world, California has a responsibility to lead on solutions to the growing plastic pollution crisis, and to lead in the reduction of unnecessary waste generally.
(l) Further, businesses selling products into California have a responsibility to ensure that their packaging and products are minimizing waste, including ensuring materials used are reusable, recyclable, or compostable. This responsibility includes paying for the cost of the negative externality of recovery for materials they sell in California.

42042.
 (a) Consistent with the policy goal established in Section 41780.01, the department, in consultation with the State Water Resources Control Board and the Ocean Protection Council, shall, on or before January 1, 2023, adopt regulations to achieve, it is the policy goal of the State of California that, by 2030, manufacturers and retailers of single-use packaging and products achieve a 75-percent reduction by each manufacturer and retailer of single-use packaging or products of the waste generated from single-use packaging and products offered for sale or sold in the state through source reduction, recycling, or composting.

(b)The regulations adopted pursuant to subdivision (a) shall include, but are not limited to, provisions that do all of the following:

(b) In accordance with the policy goal established in subdivision (a), it is the intent of the Legislature that manufacturers and retailers of single-use packaging and products do all of the following:
(1) Require manufacturers and retailers of single-use packaging or products, to the maximum extent feasible, to source Source reduce single-use packaging and products products, and transition single-use packaging and products to reusable packaging and products. products, to the maximum extent feasible.
(2) Require Ensure all single-use packaging and products that are offered for sale or sold in California to be are recyclable or compostable, as determined by the department pursuant to Section 42045, as of January 1, 2030. 42044.
(3) For plastic single-use plastic packaging and products that are offered for sale or sold in California, require manufacturers and retailers of single-use plastic packaging or products to each reduce waste generation by 75 percent through combined source reduction and recycling.

(4)Develop incentives and policies to maximize and encourage in-state manufacturing using recycled material generated in California.

(5)Develop economic mechanisms to reduce the distribution of single-use packaging and products.

(6)Discourage, to the extent feasible, the litter, export, or improper disposal of single-use packaging, products, and other materials likely to harm the environment or public health in California or elsewhere in the world.

42043.

(a)Before adopting regulations pursuant to Section 42042, the department shall develop a scoping plan for achieving the requirements established in Section 42042.

(b)As part of the scoping plan, the department shall conduct extensive outreach to stakeholders. This outreach shall include, but is not limited to, both of the following:

(1)Convening a series of public workshops throughout the state to give interested parties an opportunity to comment.

(2)Convening a series of stakeholder meetings designed to facilitate dialogue between stakeholders representing different interest groups such as local governments, the solid waste and recycling industries, product and packaging manufacturers, retailers, trade associations, and environmental organitailers to reduce packaging waste, including through the creation of effective and convenient take-back opportunities, deposit systems, reusable and refillable delivery systems, or similar mechanisms.

(4)Developing alternative compliance mechanisms for manufacturers and retailers, including market mechanisms that reduce the overall material usage across a company’s product line or between multiple manufacturers of similar products.

(5)Adopting actions identified through the California Ocean Litter Prevention Strategy and the Statewide Microplastics Strategy.

(6)Establishing an extended producer responsibility program to require manufacturers and retailers to contribute to the costs associated with processing the single-use packaging and products they produce.

(7)Establishing criteria for the source reduction requirements specified in Section 42042, including reducing weight, volume, or quantity of single-use packaging and product material in a way that does not decrease the ability of the material to be recycled or reused.

(8)Establishing minimum postconsumer recycled content requirements for single-use packaging and products.

42044.

(a)In adopting regulations pursuant to Section 42042, the department shall consult with all relevant state agencies with jurisdiction over sources of waste in California, and local jurisdictions and regional agencies charged with meeting waste diversion goals.

(b)As part of the regulations, the department shall

determine which products or types of packaging are considered single use for the purposes of this chapter. In making this determination, the department shall consider all of the following:

(1)Whether the product is routinely disposed of after a single use.

(2)Whether the packaging is routinely disposed of after its contents have been used or unpackaged, and typically not refilled.

(3)Whether the packaging or product is durable, washable, or routinely used for its original purpose multiple times before disposal.

42043.
 (a) Before January 1, 2023, the department shall, in consultation with all relevant state agencies with jurisdiction over sources of waste in California, and local jurisdictions and regional agencies charged with meeting waste diversion goals, adopt regulations that do all of the following:
(1) (A) Require manufacturers and retailers of single-use packaging to source reduce single-use packaging to the maximum extent feasible.
(B) Require manufacturers and retailers of single-use packaging to ensure that all single-use packaging in the California market is recyclable or compostable as determined by the department pursuant to Section 42044.
(2) (A) Require manufacturers and retailers of priority single-use plastic products to source reduce priority single-use plastic products to the maximum extent feasible.
(B) Require manufacturers and retailers of priority single-use plastic products to ensure that priority single-use plastic products in the California market are recyclable or compostable as determined by the department pursuant to Section 42044.
(C) For purposes of this chapter, “priority single-use plastic products” means the 10 single-use plastic products that are the most littered in California, as determined by the department based on litter surveys conducted in California between 2017 and 2020.
(b) (1) Before adopting the regulations, the department shall develop a scoping plan for meeting the requirements of this section.
(2) As part of the scoping plan, the department shall conduct extensive outreach to stakeholders. This outreach shall include, but is not limited to, all of the following:
(A) Convening a series of public workshops throughout the state to give interested parties an opportunity to comment.
(B) Convening a series of stakeholder meetings designed to facilitate dialogue between stakeholders representing different interest groups such as local governments, the solid waste and recycling industries, product and packaging manufacturers, retailers, trade associations, and environmental organizations. These meetings shall be held throughout the state to increase the opportunity for participation and shall inform the development of regulations pursuant to this section.
(3) As part of the scoping plan, the department shall evaluate the feasibility of employing the following regulatory measures:
(A) Developing incentives and policies to maximize and encourage in-state manufacturing using recycled material generated in California.
(B) Developing economic mechanisms to reduce the distribution of single-use packaging and priority single-use plastic products.
(C) Discouraging, to the extent feasible, the litter, export, or improper disposal of single-use packaging, products, and other materials likely to harm the environment or public health in California or elsewhere in the world.
(D) Requiring individuals or entities, including, but not limited to, brokers, processors, and sorting facilities, to notify the department prior to the export of unprocessed plastic for recycling in a country that is not a member of the Organization for Economic Cooperation and Development.
(E) Establishing labeling requirements regarding the recyclability or compostability of single-use packaging and products. Labeling may reflect whether the packaging or product can be readily recycled or composted and whether the packaging or product is likely to contaminate other recyclable or compostable material or complicate processing.
(F) Adopting model best practices for manufacturers and retailers to reduce packaging waste, including through the creation of effective and convenient take-back opportunities, deposit systems, reusable and refillable delivery systems, or similar mechanisms.
(G) Developing alternative compliance mechanisms for manufacturers and retailers, including market mechanisms that reduce the overall material usage across a company’s product line or between multiple manufacturers of similar products.
(H) Adopting actions identified through the California Ocean Litter Prevention Strategy and the Statewide Microplastics Strategy.
(I) Establishing an extended producer responsibility program to require manufacturers and retailers to contribute to the costs associated with processing the single-use packaging and products they produce.
(J) Establishing criteria for the source reduction requirements specified in subdivision (a), including reducing weight, volume, or quantity of single-use packaging and product material in a way that does not decrease the ability of the material to be recycled or reused.
(K) Establishing minimum postconsumer recycled content requirements for single-use packaging and products.
(c) The department may identify single-use packaging or priority single-use plastic products that, while determined to be single use for purposes of this chapter, present unique challenges in complying with this chapter that require the single-use packaging or products to be phased into the regulations after January 1, 2023, and subsequently subject to the requirements for single-use products and packaging. chapter. For any packaging or products identified as presenting those unique challenges, the department shall include in the scoping plan develop a plan to phase the packaging or products into the regulations.
(d) For purposes of this chapter, medical devices, medical products that are required to be sterile, prescription medicine, and the packaging used for these products shall not be considered single-use packaging or priority single-use plastic products.
(e) The regulations shall include a mechanism for accounting for the total statewide generation of single-use packaging and priority single-use plastic products in order to set a baseline amount for the requirements of Section 42042. waste generation from these sources.

(f)To determine the amount of source reduction required pursuant to the regulations, the department shall establish a baseline for each manufacturer and retailer of single-use products or packaging using the last three years of packaging material sold by that manufacturer or retailer into the State of California. For purposes of this chapter, source reduction shall not include replacing a recyclable or compostable material with a nonrecyclable or noncompostable material, and shall not include a shift to plastic material. The department may consider single-use packaging and product reductions achieved by a manufacturer or retailer before the effective date of the regulations if the manufacturer or retailer can demonstrate to the satisfaction of the department that the manufacturer or retailer reduced the single-use packaging or product in a manner consistent with this chapter.

(g)

(f) (1) The department shall require manufacturers and retailers of single-use packaging and priority single-use plastic products to annually report all of the following information to the department:
(A) The quantity, weight, volume, and type of single-use packaging and product materials sold into California by the manufacturer or retailer annually.
(B) The quantity, weight, volume, and type of material source reduced by the manufacturer or retailer annually.
(C) Any other data the department deems necessary to establish a baseline for waste generation and subsequent source reduction by a manufacturer or retailer.
(2) Any market sensitive data received by the department pursuant to this subdivision shall be held confidentially by the department to the extent required by existing law.
(3) The department may create an online registration form to facilitate submitting reports pursuant to this subdivision.

(h)

(g) The regulations shall include direct source reductions of single-use packaging and priority single-use plastic products to the maximum extent feasible, in accordance with paragraph (1) of subdivision (b) of Section 42042, (a), as follows:
(1) To determine the amount of source reduction required pursuant to the regulations, the department shall establish a baseline for each manufacturer and retailer of priority single-use plastic products or single-use packaging using the last three years of packaging material and product data sold by that manufacturer or retailer into the State of California. For purposes of this chapter, source reduction shall not include replacing a recyclable or compostable material with a nonrecyclable or noncompostable material, and shall not include a shift to plastic material. The department may consider single-use packaging and product reductions achieved by a manufacturer or retailer before the effective date of the regulations if the manufacturer or retailer can demonstrate to the satisfaction of the department that the manufacturer or retailer reduced the single-use packaging or product in a manner consistent with this chapter.

(1)

(2) To determine which source reduction measures to implement, the department shall consider which single-use packaging and products are is prone to become litter, have has readily available alternatives, make makes up a significant portion of the waste stream, or have has established, or the potential for, recycling or composting infrastructure.

(2)

(3) When establishing the source reduction measures, the department shall avoid incentivizing regrettable substitutions.

(3)

(4) In developing the regulations, the department shall count a manufacturer’s source reductions achieved to comply with Chapter 5.5 (commencing with Section 42300) toward compliance with this chapter.

(i)

(h) If the department determines that early actions to source reduce certain single-use packaging and priority single-use plastic products can further the purposes of this chapter, the department may adopt regulations to achieve those reductions.

(j)

(i) In developing the regulations, the department shall consider all relevant information on reduction programs in other states, localities, and nations, including, but not limited to, the European Union, India, Costa Rica, and Canada.

(k)

(j) As an alternative compliance mechanism, the department may allow manufacturers and retailers to achieve the requirements in Section 42042 comply with the regulations through alternative methods. The department shall provide technical guidance and outreach to these manufacturers and retailers to help them identify packaging and product reform solutions to achieve the requirements.

(l)

(k) The department shall ensure that any regulations adopted pursuant to this chapter account for health and safety as required by the United States Food and Drug Administration.

42045. 42044.
 (a) In adopting regulations pursuant to Section 42042, 42043, the department shall develop criteria to determine which types of single-use packaging or priority single-use plastic products are reusable, recyclable, or compostable.
(b) For purposes of determining if single-use packaging or priority single-use plastic products are recyclable, the director shall consider, at a minimum, all of the following criteria:
(1) Whether the single-use packaging or priority single-use plastic product is eligible to be labeled as “recyclable” in accordance with the uniform standards contained in Article 7 (commencing with Section 17580) of Chapter 1 of Part 3 of Division 7 of the Business and Professions Code.
(2) Whether the single-use packaging or priority single-use plastic product is regularly collected, separated, and cleansed for recycling by recycling service providers.
(3) Whether the single-use packaging or priority single-use plastic product is regularly sorted and aggregated into defined streams for recycling processes.
(4) Whether the single-use packaging or priority single-use plastic product is regularly processed and reclaimed or recycled with commercial recycling processes.
(5) Whether the single-use packaging or priority single-use plastic product material regularly becomes feedstock that is used in the production of new products.
(6) Whether the single-use packaging or priority single-use plastic product material is recycled in sufficient quantity, and is of sufficient quality, to maintain a market value.
(c) For purposes of determining if single-use packaging or priority single-use plastic products are compostable, the director shall consider, at a minimum, all of the following criteria:
(1) Whether the single-use packaging or priority single-use plastic product will, in a safe and timely manner, break down or otherwise become part of usable compost that can be composted in a public or private compost facility designed for and capable of processing postconsumer food waste and food-soiled paper.
(2) Whether the single-use packaging or priority single-use plastic product made from plastic is certified to meet the ASTM standard specification identified in either subparagraph (A) or (C) of paragraph (1) of subdivision (b) of Section 42356 and adopted in accordance with Section 42356.1, if applicable.
(3) Whether the single-use packaging or priority single-use plastic product is regularly collected and accepted for processing at public and private compost facilities.
(4) Whether the single-use packaging or priority single-use plastic product is eligible to be labeled as “compostable” in accordance with the uniform standards contained in Article 7 (commencing with Section 17580) of Chapter 1 of Part 3 of Division 7 of the Business and Professions Code.
(d) (1) In implementing this section, the department may consult with local governments and representatives of the solid waste industry, the recycling industry, the compost industry, and single-use product and packaging manufacturers to determine if a type of single-use packaging or priority single-use plastic product is recyclable, reusable, or compostable.
(2) Local governments, solid waste facilities, recycling facilities, and composting facilities shall provide information requested by the department pursuant to paragraph (1) to the department.

42046. 42045.
 (a) A manufacturer of single-use plastic packaging or priority single-use plastic products sold or distributed in California shall demonstrate the following recycling rates as a condition of sale of single-use plastic packaging or priority single-use plastic products:
(1) On and after January 1, 2022, 2024, not less than 20 percent.
(2) On and after January 1, 2026, 2028, not less than 40 percent.
(3) On and after January 1, 2030, not less than 75 percent.
(b) Notwithstanding subdivision (a), the department may impose a higher recycling rate as a condition of sale of single-use plastic packaging or priority single-use plastic products by a manufacturer as needed to achieve the requirements established in Section 42042. 42043.
(c) For purposes of this section, “recycling rate” means the percentage, as measured by weight, volume, or number, of single-use plastic packaging or priority single-use plastic products sold or offered for sale in the state that is recycled over a three-year rolling period, as determined by the department. Recycling rate may be measured by either of the following:
(1) A particular type of single-use packaging or priority single-use plastic product, such as a thermoformed or molded container, soft drink container, or detergent bottle.
(2) A single resin type, as specified in Section 18015.

SEC. 2.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.