Today's Law As Amended

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



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 postconsumer recycled material that a beverage container is constructed of.

SEC. 2.

 Section 14548 is added to the Public Resources Code, to read:

14548.
 (a) Commencing January 1, 2020, a beverage container that is a PET container shall have a minimum content standard of 20 percent postconsumer recycled plastic.
(b)  (1) On or before January 1, 2021, the department shall establish minimum content standards for beverage containers that are constructed of plastic, material other than metal, glass, or plastic, or any combination of plastic and material other than metal, glass, or plastic. The department may adjust the standards based on factors that shall include, but are not limited to, all 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.
(3) On and after January 1, 2021, the initial minimum content standard set pursuant to subdivision (a) shall not restrict the department’s ability to adjust the minimum content standard for PET containers, but the department shall not adjust that minimum content standard to less than 20 percent.
(c) 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) or (b), as applicable.
(d) Failure of a beverage manufacturer to meet the minimum content standards established pursuant to subdivision (a) or (b), as applicable, shall constitute a separate violation per day until the beverage manufacturer meets or exceeds the minimum content standards.
(e) A beverage manufacturer shall report to the department for each month the amount of beverage containers subject to the minimum content standards established pursuant to subdivision (a) or (b), as applicable, sold in California by the beverage manufacturer and the amount of postconsumer recycled content used in the manufacturing of those containers.
(f) It is the intent of the Legislature in enacting this section to maximize the use of postconsumer recycled content in beverage containers in order to increase the state’s domestic market for recycled materials.
(g) It is the intent of the Legislature that a beverage manufacturer demonstrate compliance with the minimum content standards established pursuant to subdivision (a) or (b) on a monthly basis based on the average amount of postconsumer recycled material used by the beverage manufacturer to manufacture beverage containers sold in the state.

SEC. 3.

 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. 4.
 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.