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

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Senate Bill No. 1127
CHAPTER 406

An act to amend Sections 42291.5 and 42322 of the Public Resources Code, relating to recycling.

[ Filed with Secretary of State  October 01, 2001. Approved by Governor  September 29, 2001. ]

LEGISLATIVE COUNSEL'S DIGEST


SB 1127, Karnette. Recycling: trash bags: rigid plastic containers: polystyrene.
(1) The existing California Integrated Waste Management Act of 1989, which is administered by the California Integrated Waste Management Board, establishes an integrated waste management program. The act requires every manufacturer that manufactures plastic trash bags of 0.75 mil or greater thickness to ensure that a trash bag intended for sale in this state contains a quantity of recycled plastic postconsumer material equal to at least 10% of the weight of the bag, or that at least 30% of the weight of the material used in all of the manufacturer’s plastic products intended for sale in this state is recycled plastic postconsumer material. The board was required, until January 1, 2001, to credit a manufacturer, for purposes of compliance with those requirements, with having used 1.2 pounds of recycled plastic postconsumer material for each pound of recycled plastic postconsumer material purchased from a source of recycled plastic postconsumer material.
This bill would delete the January 1, 2001, limitation on the use of that credit, thereby reenacting the requirement upon the board to provide that credit with regard to the purchase of recycled plastic postconsumer materials.
(2) The act requires, except as specified, every rigid plastic packaging container, as defined, that is sold or offered for sale in the state to meet on average at least one of 5 criteria, including being made from 25% postconsumer material or having a prescribed recycling rate, based on annual reports published by the board.
Existing law imposes specified criminal fines and civil penalties upon a person who violates these manufacturing criteria, and requires the board to deposit the fines and penalties into the Rigid Container Account in the Integrated Waste Management Fund in the State Treasury. The board is required to use the moneys deposited in the Rigid Container Account, upon appropriation by the Legislature, to assist local governmental agencies to develop and implement collection and processing systems for the recycling of the materials subject to these manufacturing criteria.
This bill would additionally authorize the funds in the Rigid Container Account to be expended for the development of markets for those materials and for the board’s costs of implementing these manufacturing requirements.
(3) The bill would require the board to conduct a study, by January 1, 2003, on the use and disposal of polystyrene in the state and to report to the Governor and the Legislature on the findings and recommendations made by the study.

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


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.