AB 1447,
as amended, begin deleteLowend delete begin insertAlejoend insert. Solid waste:begin delete PETend delete food and beverage packaging.
The California Integrated Waste Management Act of 1989, which is administered by the Department of Resources Recycling and Recovery, generally regulates the management and recycling of solid waste.
end delete(1) Existing law, the California Beverage Container Recycling and Litter Reduction Act, requires each glass container manufacturer in the state to use a minimum percentage of 35% of postfilled glass, except as specified, in the manufacturing of glass food, drink, or beverage containers. A violation of the act is a crime, except as specified.
end insertbegin insertThe bill would clarify that for purposes of the minimum postfilled glass requirement, a glass container manufacturer in the state includes a glass container manufacturer who imports glass containers from outside of the state for filling.
end insertExisting
end delete
begin insert(2)end insertbegin insert end insertbegin insertExistingend insert law requires all rigid plastic bottles and rigid plastic containers, including bottles and containers composed of polyethylenebegin delete terephthalate,end deletebegin insert terephthalate (PET),end insert sold in Californiabegin delete on and after January 1, 1992,end delete
to be labeled with a code which indicates the resin used to produce the rigid plastic bottle or rigid plastic container.
This bill wouldbegin delete require,end deletebegin insert require under the California Beverage Container Recycling and Litter Reduction Actend insertbegin insert,end insert on and after January 1, 2017, and annually thereafter, abegin delete Californiaend delete
manufacturer ofbegin delete containersend deletebegin insert PET plastic packagingend insert primarily composed of polyethylene terephthalatebegin delete (PET)end delete
and usedbegin delete forend deletebegin insert to containend insert food or beverages to report to the department, in a manner determined by the department, certain information, including the total amount of tons of new PET plastic packaging made for sale by that manufacturer.begin insert The bill would require, on and after July 1, 2016, every manufacturer of PET plastic packaging for sale in the state to include a minimum of 10% of postfilled PET plastic in its PET plastic packaging.end insert
(3) By expanding the scope of the California Beverage Container Recycling and Litter Reduction Act, a violation of which is a crime, the bill would impose a state-mandated local program.
end insertbegin insert(4) 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.
end insertbegin insertThis bill would provide that no reimbursement is required by this act for a specified reason.
end insertVote: majority.
Appropriation: no.
Fiscal committee: yes.
State-mandated local program: begin deleteno end deletebegin insertyesend insert.
The people of the State of California do enact as follows:
begin insertSection 14548 is added to the end insertbegin insertPublic Resources
2Codeend insertbegin insert, to read:end insert
(a) For purposes of this section, “PET plastic
4packaging” means beverage containers or food or drink packaging
5material consisting primarily of polyethylene terephthalate (PET)
6and used to contain food or beverages.
7(b) On and after January 1, 2017, and annually thereafter,
8every manufacturer of PET plastic packaging for sale in the state
9shall report to the
department, in a manner determined by the
10department, both of the following:
11(1) The total amount of tons of new PET plastic packaging made
12for sale by that manufacturer.
P3 1(2) The total amount of postfilled PET plastic used in the
2manufacturing of that packaging.
3(c) On and after July 1, 2016, each manufacturer of PET plastic
4packaging for sale in the
state shall include a minimum of 10
5percent of postfilled PET plastic in the PET plastic packaging that
6it manufactures, measured in the aggregate, on an annual basis.
begin insertSection 14549 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
8amended to read:end insert
(a) Every glass container manufacturer shall report to
10the department each month, by a method as determined by the
11department, the amount of total tons of new glass food, drink, and
12beverage containers made in California by that glass container
13manufacturer and the tons of California postfilled glass used in
14the manufacturing of those new containers.
15(b) Each glass container manufacturer in thebegin delete stateend deletebegin insert state,
16including a glass container manufacturer who imports glass
17containers from outside of the state for fillingend insertbegin insert,end insert
shall use a minimum
18percentage of 35 percent of postfilled glass in the manufacturing
19ofbegin delete theirend deletebegin insert itsend insert glass food, drink, or beverage containers measured in
20the aggregate, on an annual basis, except that if a glass container
21manufacturer demonstrates to the satisfaction of the department
22that its use of postfilled glass during the annual period is made up
23of at least 50 percent mixed-color cullet, then that manufacturer
24shall use a minimum percentage of 25 percent postfilled glass in
25the manufacturing of its glass food, drink, or beverage containers,
26measured in the aggregate, on an annual basis.
27(c) A glass container manufacturer may seek a reduction or
28waiver of the minimum postfilled glass percentage required to be
29used in the manufacture
of glass food, drink, or beverage containers
30pursuant to subdivision (b). The department may grant a reduction
31or waiver of the percentage requirement if it finds and determines
32that it is technologically infeasible for the glass container
33manufacturer to achieve the percentage requirement or if the
34department determines that a glass container manufacturer cannot
35achieve the minimum percentage because of a lack of available
36glass cullet.
37(d) For the purposes of this section, “mixed-color cullet” means
38cullet that does not meet the American Society for Testing and
39Materials (ASTM) standard specifications for color mix of color
P4 1sorted postfilled glass as raw material for the manufacture of glass
2containers.
No reimbursement is required by this act pursuant to
4Section 6 of Article XIII B of the California Constitution because
5the only costs that may be incurred by a local agency or school
6district will be incurred because this act creates a new crime or
7infraction, eliminates a crime or infraction, or changes the penalty
8for a crime or infraction, within the meaning of Section 17556 of
9the Government Code, or changes the definition of a crime within
10the meaning of Section 6 of Article XIII B of the California
11Constitution.
Chapter 3 (commencing with Section 18050) is
13added to Division 12.7
of the Public Resources Code, to read:
14
For purposes of this chapter, “PET plastic packaging”
18means packaging consisting primarily of polyethylene terephthalate
19(PET) and used to contain food or beverages.
On and after January 1, 2017, and annually thereafter,
21every manufacturer of PET plastic packaging in the state shall
22report to the Department of Resources Recycling and Recovery,
23in a manner determined by the department, both of the following:
24(a)
25The total amount of tons of new PET plastic packaging made
26for sale by that manufacturer.
27(b)
28The total amount of postfilled PET plastic used in the
29manufacturing of that packaging.
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