BILL NUMBER: AB 1447 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 9, 2015
AMENDED IN ASSEMBLY MARCH 26, 2015
INTRODUCED BY Assembly Member Low Alejo
FEBRUARY 27, 2015
An act to amend Section 14549 of, and to add
Chapter 3 (commencing with Section 18050) to Division 12.7 to
Section 14548 to, the Public Resources Code,
relating to solid waste.
LEGISLATIVE COUNSEL'S DIGEST
AB 1447, as amended, Low Alejo .
Solid waste: PET 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.
(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.
The 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.
Existing
(2) Existing law requires all
rigid plastic bottles and rigid plastic containers, including bottles
and containers composed of polyethylene terephthalate,
terephthalate (PET), sold in California
on and after January 1, 1992, to be labeled with a code
which indicates the resin used to produce the rigid plastic bottle or
rigid plastic container.
This bill would require, require under the
California Beverage Container Recycling and Litter Reduction Act
, on and after January 1, 2017, and annually
thereafter, a California manufacturer of
containers PET plastic packaging primarily
composed of polyethylene terephthalate (PET) and
used for to contain 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.
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.
(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.
(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.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 14548 is added to the
Public Resources Code , to read:
14548. (a) For purposes of this section, "PET plastic packaging"
means beverage containers or food or drink packaging material
consisting primarily of polyethylene terephthalate (PET) and used to
contain food or beverages.
(b) On and after January 1, 2017, and annually thereafter, every
manufacturer of PET plastic packaging for sale in the state shall
report to the department, in a manner determined by the department,
both of the following:
(1) The total amount of tons of new PET plastic packaging made for
sale by that manufacturer.
(2) The total amount of postfilled PET plastic used in the
manufacturing of that packaging.
(c) On and after July 1, 2016, each manufacturer of PET plastic
packaging for sale in the state shall include a minimum of 10 percent
of postfilled PET plastic in the PET plastic packaging that it
manufactures, measured in the aggregate, on an annual basis.
SEC. 2. Section 14549 of the Public
Resources Code is amended to read:
14549. (a) Every glass container manufacturer shall report to the
department each month, by a method as determined by the department,
the amount of total tons of new glass food, drink, and beverage
containers made in California by that glass container manufacturer
and the tons of California postfilled glass used in the manufacturing
of those new containers.
(b) Each glass container manufacturer in the state
state, including a glass container manufacturer who
imports glass containers from outside of the state for filling
, shall use a minimum percentage of 35 percent of
postfilled glass in the manufacturing of their
its glass food, drink, or beverage containers measured in
the aggregate, on an annual basis, except that if a glass container
manufacturer demonstrates to the satisfaction of the department that
its use of postfilled glass during the annual period is made up of at
least 50 percent mixed-color cullet, then that manufacturer shall
use a minimum percentage of 25 percent postfilled glass in the
manufacturing of its glass food, drink, or beverage containers,
measured in the aggregate, on an annual basis.
(c) A glass container manufacturer may seek a reduction or waiver
of the minimum postfilled glass percentage required to be used in the
manufacture of glass food, drink, or beverage containers pursuant to
subdivision (b). The department may grant a reduction or waiver of
the percentage requirement if it finds and determines that it is
technologically infeasible for the glass container manufacturer to
achieve the percentage requirement or if the department determines
that a glass container manufacturer cannot achieve the minimum
percentage because of a lack of available glass cullet.
(d) For the purposes of this section, "mixed-color cullet" means
cullet that does not meet the American Society for Testing and
Materials (ASTM) standard specifications for color mix of color
sorted postfilled glass as raw material for the manufacture of glass
containers.
SEC. 3. 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.
SECTION 1. Chapter 3 (commencing with Section
18050) is added to Division 12.7 of the Public Resources Code, to
read:
CHAPTER 3. PET FOOD PLASTIC PACKAGING
18050. For purposes of this chapter, "PET plastic packaging"
means packaging consisting primarily of polyethylene terephthalate
(PET) and used to contain food or beverages.
18052. On and after January 1, 2017, and annually thereafter,
every manufacturer of PET plastic packaging in the state shall report
to the Department of Resources Recycling and Recovery, in a manner
determined by the department, both of the following:
(a)
The total amount of tons of new PET plastic packaging made for
sale by that manufacturer.
(b)
The total amount of postfilled PET plastic used in the
manufacturing of that packaging.