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SB-1335 Solid waste: disposable food service packaging: state agencies and large state facilities.(2017-2018)

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Date Published: 02/16/2018 09:00 PM
SB1335:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 1335


Introduced by Senator Allen
(Principal coauthor: Senator Hill)
(Coauthor: Senator Stern)
(Coauthors: Assembly Members Bloom and Friedman)

February 16, 2018


An act to add Chapter 6 (commencing with Section 42370) to Part 3 of Division 30 of the Public Resources Code, relating to solid waste.


LEGISLATIVE COUNSEL'S DIGEST


SB 1335, as introduced, Allen. Solid waste: disposable food service packaging: state agencies and large state facilities.
The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, generally requires rigid plastic packaging containers, as defined, sold or offered for sale in this state to meet one of specified criteria.
This bill would enact the Sustainable Packaging for the State of California Act of 2018, which would prohibit a food service facility in a state agency or large state facility, on and after January 1, 2021, from dispensing prepared food to a customer using disposable food service packaging unless the type of disposable food service packaging is accepted for recovery by the recycling or composting program serving the state agency or large state facility and it has been demonstrated to the satisfaction of the department that the type of disposable food service packaging is recovered for recycling or composting at a rate of 75% or more.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Chapter 6 (commencing with Section 42370) is added to Part 3 of Division 30 of the Public Resources Code, to read:
CHAPTER  6. Sustainable Packaging for the State of California Act of 2018

42370.
 This chapter shall be known, and may be cited, as the Sustainable Packaging for the State of California Act of 2018.

42370.1.
 (a) For purposes of this chapter, the following terms have the following meanings:
(1) “Disposable food service packaging” means a single-use disposable product used for serving or transporting prepared, ready-to-consume food or beverages, including, but not limited to, plates, cups, bowls, trays, and hinged or lidded containers. “Disposable food service packaging” does not include single-use disposable items, such as straws, cup lids, and utensils, or single-use disposable packaging for unprepared foods.
(2) “Prepared food” means a food or beverage prepared for consumption on or off a food service facility’s premises, using any cooking or food preparation technique. “Prepared food” does not include raw or uncooked meat, fish, or eggs provided for consumption without further food preparation.
(b) For purposes of this chapter, “state agency” and “large state facility” do not include buildings or facilities of community college districts or their campuses, or of state prisons.

42370.2.
 On and after January 1, 2021, food service facilities in state agencies and large state facilities shall not dispense prepared food to a customer using disposable food service packaging unless the type of disposable food service packaging is accepted for recovery by the recycling or composting program serving the state agency or large state facility and it has been demonstrated to the satisfaction of the department that the type of disposable food service packaging is recovered for recycling or composting at a rate of 75 percent or more.

42370.3.
 (a) For purposes of demonstrating that the recycling or composting rate requirements specified in Section 42370.2 are met for any type of packaging, the demonstration may include data comparing the amount of that type of packaging that is recycled or composted in this state or in the city, county, or regional agency Territory in which the state agency or large state facility is located during a specified period of time, with the amount of that type of packaging that is distributed in this state or that city, county, or regional agency territory during the same specified period of time.
(b) The demonstration made pursuant to Section 42370.2 shall comply with the following requirements:
(1) All thermoformed PET packaging shall be considered as the same type of packaging when demonstrating the recycling rate for thermoformed PET packaging.
(2) All polycoated papers and paperboards shall be considered as the same type of packaging when demonstrating the recycling rates for polycoated papers and paperboards.
(3) All compostable plastic packaging shall be considered as the same type of packaging when demonstrating the composting rates for compostable plastic packaging.

42370.4.
 This chapter does not preempt the authority of a city, county, or city and county to adopt and enforce additional single-use take-out food packaging ordinances, regulations, or policies that are more restrictive than the applicable standards required by this chapter.