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



Current Version: 08/27/18 - Amended Assembly        


SB168:v88#DOCUMENT

Amended  IN  Assembly  August 27, 2018
Amended  IN  Assembly  August 24, 2018
Amended  IN  Assembly  August 20, 2018
Amended  IN  Assembly  August 06, 2018
Amended  IN  Assembly  July 05, 2018
Amended  IN  Assembly  July 02, 2018
Amended  IN  Assembly  June 19, 2018
Amended  IN  Assembly  May 24, 2018
Amended  IN  Senate  January 18, 2018
Amended  IN  Senate  April 06, 2017
Amended  IN  Senate  February 28, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 168


Introduced by Senator Wieckowski
(Coauthor: Senator Stone)

January 23, 2017


An act to add Sections 14514.2 and 14548 to, and to add and repeal Section 14549.7 of, the Public Resources Code, relating to recycling.


LEGISLATIVE COUNSEL'S DIGEST


SB 168, as amended, Wieckowski. Recycling: beverage containers.
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 existing law, a beverage distributor is required to pay a redemption payment to the Department of Resources Recycling and Recovery for every beverage container sold or offered for sale in the state to a dealer, and the department is required to deposit those amounts in the continuously appropriated California Beverage Container Recycling Fund.
Existing law requires each glass container manufacturer to use a minimum percentage of 35% of postfilled glass in the manufacturing of its glass food, drink, or beverage containers.
Existing law provides that a violation of the act or a regulation adopted pursuant to the act is a crime.
This bill would require, commencing January 1, 2020, a beverage container that is a PET plastic container to have a minimum content be constructed with a minimum of 20% postconsumer recycled plastic. The bill would require the department, on or before January 1, 2021, to establish minimum postconsumer recycled 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 bill would authorize the department to adjust the minimum content standards, as specified, but not more frequently than annually. The bill would require a beverage manufacturer to certify with the department, under penalty of perjury, that it is in compliance with the minimum content standards and would provide that failure of a beverage manufacturer to meet the minimum content standards constitutes a separate violation per day. The bill would require a beverage manufacturer to report to the department for each month the amount of beverage containers subject to the minimum content standards sold in California by the beverage manufacturer and the amount of postconsumer recycled content used in the manufacturing of those containers. By expanding the crime of perjury and creating new crimes relating to the regulation of beverage containers, the bill would impose a state-mandated local program.
The bill would require the department, on or before January 1, 2020, to evaluate other beverage container redemption programs and to provide to the Legislature a report on aspects of those programs that may be incorporated into California’s beverage container redemption program, as specified.
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 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) The On and after January 1, 2021, the initial minimum content standard set pursuant to subdivision (a) shall not restrict the department’s ability to establish or adjust to a higher the minimum content standard pursuant to paragraph (1). 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 an annual a monthly basis based on the average amount of postconsumer recycled material used by the beverage manufacturer to manufacturer 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.