Today's Law As Amended


Add To My Favorites | print page

SB-1127 Recycling: trash bags: rigid plastic containers: polystyrene.(2001-2002)



As Amends the Law Today


SECTION 1.

 Section 42291.5 of the Public Resources Code is amended to read:

42291.5.
 For each pound of recycled plastic postconsumer material purchased from a source of recycled plastic postconsumer material in this state for use in the manufacture of plastic trash bags, or other products manufactured with recycled plastic postconsumer material in compliance with this chapter, the board shall credit the manufacturer certifying pursuant to Section 42293 with having used 1.2 pounds of recycled plastic postconsumer material toward compliance with the requirements of Section 42291.

SEC. 2.

 Section 42322 of the Public Resources Code is amended to read:

42322.
 (a) Any violation of this chapter is a public offense punishable by a fine of not more than one hundred thousand dollars ($100,000).
(b) In addition to the penalty specified under subdivision (a), any violation of this chapter may be subject to a civil penalty assessed by the board of not more than fifty thousand dollars ($50,000) for each violation, pursuant to a notice and hearing procedure that conforms with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.
(c) The total annual fines or penalties assessed upon a violator of this chapter shall not exceed one hundred thousand dollars ($100,000).
(d) The board shall annually publish a list by July 1 setting forth any fines or penalties that have been levied against a violator of this chapter in the preceding calendar year, for failure to comply with the requirements of this chapter.
(e) The board shall deposit all penalties or fines paid pursuant to this section into the Rigid Container Account, which is hereby created in the Integrated Waste Management Fund in the State Treasury. The moneys deposited in the Rigid Container Account shall be expended by the board, upon appropriation by the Legislature, to assist local governmental agencies to develop and implement collection and processing systems for the recycling of materials that are subject to this chapter, for the development of markets for these materials, and for the board’s costs of implementing this chapter.
SEC. 3.
 (a) On or before January 1, 2003, the California Integrated Waste Management Board shall conduct a study of the use and disposal of polystyrene in the state and report to the Governor and the Legislature on the findings and recommendations made by the study.
(b) The study required by subdivision (a) shall do all of the following:
(1) Analyze how polystyrene, including, but not limited to, food service and transport packaging, is being used by consumers before it enters the waste stream, the amount of polystyrene being landfilled annually in the state, the amount being reused and recycled, and the related environmental and public health implications, if any.
(2) Recommend methods for source reducing, reusing, and recycling, and for diverting polystyrene from the state’s landfills.
(3) Address the cost of the disposal of polystyrene in volume and weight terms.
(4) Examine and identify current and potential markets for recycled polystyrene products.