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AB-1488 Recycling: plastic beverage containers: reporting. (2019-2020)

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Date Published: 04/11/2019 09:00 PM
AB1488:v98#DOCUMENT

Amended  IN  Assembly  April 11, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1488


Introduced by Assembly Member Burke

February 22, 2019


An act to amend Section 14549.3 of, and to add Section 14506.4 to, of the Public Resources Code, relating to recycling.


LEGISLATIVE COUNSEL'S DIGEST


AB 1488, as amended, Burke. Recycling: plastic beverage containers: reporting.
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 the act, the Department of Resources Recycling and Recovery is required to calculate a processing fee for each beverage container with a specified scrap value, which is required to be paid by beverage manufacturers for each beverage container sold or transferred to a distributor or dealer.
The act requires a manufacturer of a beverage sold in a plastic beverage container subject to the California Redemption Value to annually report to the department under penalty of perjury the amount of virgin plastic and postconsumer recycled plastic used by the manufacturer for plastic beverage containers subject to the California Redemption Value for sale in the state in the previous calendar year.
A violation of the act is a crime.
This bill would require a reclaimer, on or before March 1, 2020, and annually thereafter, to report to the department under penalty of perjury the amount of empty plastic beverage containers that it collected, washed, and processed in the state in the previous calendar year into bottle grade flake, pellet, sheet, or any other bottle grade form and into food grade flake, pellet, or sheet, or any other food grade form. The bill would require the department to disseminate standardized forms for these reporting provisions and would require a manufacturer of a beverage sold in a plastic beverage container and a reclaimer to use those forms. By expanding the crime of perjury and creating new crimes relating to beverage containers, the bill would impose a state-mandated local program.
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 14506.4 is added to the Public Resources Code, to read:
14506.4.

“Bottle grade” means a material that is safe and suitable for use as input for the manufacture of new plastic beverage containers and that meets all of the following standards:

(a)The standards in Section 170.39 of Title 21 of the Code of Federal Regulations.

(b)The minimum standards for material generally deemed acceptable by beverage manufacturers to be used in beverage containers based on the type of beverage in that particular type of beverage container.

(c)All state and federal health and safety standards for food.

SEC. 2.SECTION 1.

 Section 14549.3 of the Public Resources Code is amended to read:

14549.3.
 (a) (1) On or before March 1 of each year, a manufacturer of a beverage sold in a plastic beverage container subject to the California Redemption Value shall report to the department the amount of virgin plastic and postconsumer recycled plastic used by the manufacturer for plastic beverage containers subject to the California Redemption Value for sale in the state in the previous calendar year. The manufacturer shall submit this information to the department under penalty of perjury.
(2) The department shall disseminate a standardized form to beverage manufacturers subject to the requirements of paragraph (1) and those beverage manufacturers shall use the standardized form to report the required information.
(b) (1) On or before March 1, 2020, and annually thereafter, a reclaimer, as defined in Section 14549.2, shall report to the department the amount of empty plastic beverage containers that it collected, washed, and processed in the state in the previous calendar year into bottle grade flake, pellet, sheet, or any other bottle grade form and into food grade flake, pellet, or sheet, or any other food grade form. The reclaimer shall submit this information to the department under penalty of perjury.
(2) The department shall disseminate a standardized form to reclaimers for purposes of paragraph (1) and reclaimers shall use the standardized form to report the required information.
(c) The department shall post the information reported pursuant to subdivisions (a) and (b) on the department’s internet website.
(d) This section does not apply to a refillable plastic beverage container.
(e) For purposes of this section, “food grade” means recycled plastic that complies with Parts 174 to 179, inclusive, of Title 21 of the Code of Federal Regulations.

SEC. 3.SEC. 2.

 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.