Amended in Assembly May 5, 2015

Amended in Assembly April 9, 2015

Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 1447

Introduced by Assembly Member Alejo

February 27, 2015

An act to begin delete amend Section 14549 of, and to add Section 14548 to, end delete begin insert add Chapter 5.9 (commencing with Section 42360) to Part 3 of Division 30 of end insert the Public Resources Code, relating to solid waste.

LEGISLATIVE COUNSEL’S DIGEST

AB 1447, as amended, Alejo. Solid waste: food and beverage packaging.

begin 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 delete begin delete

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.

end delete begin delete

(2)

end delete

begin insert (1) end insert  Existing law requires all rigid plastic bottles and rigid plastic containers, including bottles and containers composed of polyethylene terephthalate (PET), sold in California to be labeled with a code which indicates the resin used to produce the rigid plastic bottle or rigid plastic container.

begin delete

This bill would require under the California Beverage Container Recycling and Litter Reduction Act, on and after January 1, 2017, and annually thereafter, a manufacturer of PET plastic packaging primarily composed of polyethylene terephthalate and used 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

end delete

begin insert This end insert bill would require, begin delete on and after end delete begin insert commencing end insert July 1, 2016, begin delete every manufacturer of end delete PET plastic packaging begin delete for sale end delete begin insert manufactured end insert in the state to begin delete include end delete begin insert be manufactured with, and empty PET plastic packaging imported into the state to be filled with food or drink in the state for sale in the state to contain, end insert a minimum of 10% of postfilled PET begin delete plastic in its PET plastic packaging. end delete begin insert plastic, as measured by weight. The bill would require, commencing January 1, 2017, and annually thereafter, every such manufacturer or importer of PET plastic packaging to demonstrate compliance with that requirement by certifying to the Department of Resources Recycling and Recovery certain information. The bill would provide that a person who violates these provisions is guilty of an infraction and may be assessed civil penalties. By end insert

begin delete (3) end delete begin delete   end delete begin delete By expanding the scope of the California Beverage Container Recycling and Litter Reduction Act, a violation of which is a end delete begin insert creating a new end insert crime, the bill would impose a state-mandated local program.

begin delete

(4)

end delete

begin insert (2) end insert  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: yes.

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

begin delete

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, 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 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.

end delete

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Chapter 5.9 (commencing with Section 42360)
is added to Part 3 of Division 30 of the end insert begin insert Public Resources Code end insert begin insert ,
to read: end insert

begin insert

 

Chapter   begin insert 5.9. end insert PET Plastic Packaging Recycled Content
Program

 

begin insert 42360. end insert   

For purposes of this chapter, the following terms have
the following meanings:

(a) “Filled with food or drink” means caused to contain food
or drink that is poured, placed, packed, or otherwise intentionally
introduced into the applicable packaging.

(b) “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.

begin insert 42361. end insert   

(a) Commencing January 1, 2017, and annually
thereafter, a manufacturer of PET plastic packaging that is
manufactured in the state shall demonstrate compliance with the
requirements of Section 42362 by certifying to the department, in
a form and manner determined by the department, both of the
following:

(1) The total number of tons of new PET plastic packaging
manufactured by that manufacturer in the previous year.

(2) The total number of tons of postfilled PET plastic the
manufacturer used in the manufacturing of new PET plastic
packaging during the previous year.

(b) Commencing January 1, 2017, and annually thereafter, an
importer of empty PET plastic packaging that is filled with food
or drink in the state to be sold in the state shall demonstrate
compliance with the requirements of Section 42362 by certifying
to the department, either directly or by an independent third-party
certifier, in a form and manner determined by the department,
both of the following:

(1) The total number of tons of new PET plastic packaging used
in the manufacturing of empty PET plastic packaging imported
into the state by the importer during the previous year to be filled
with food or drink in the state for sale in the state.

(2) The total number of tons of postfilled PET plastic used in
the manufacturing of empty PET plastic packaging imported into
the state by the importer during the previous year to be filled with
food or drink in the state for sale in the state.

begin insert 42362. end insert   

(a) Commencing July 1, 2016, PET plastic packaging
manufactured in the state shall be manufactured with a minimum
of 10 percent of postfilled PET plastic, as measured by weight and
in the aggregate, on an annual basis.

(b) Commencing July 1, 2016, empty PET plastic packaging
imported into the state to be filled with food or drink in the state
for sale in the state shall contain a minimum of 10 percent of
postfilled PET plastic, as measured by weight and in the aggregate,
on an annual basis.

begin insert 42363. end insert   

(a) A PET plastic packaging manufacturer or importer
who is required to submit a certification pursuant to Section 42361
may be subject to an audit by the department to ensure that the
certified percentage of postfilled PET plastic was used.

(b) If a PET plastic packaging manufacturer or importer
provides the department with a false or misleading report
concerning the percentage of postfilled PET plastic used, the
department, within 30 days of making this determination, shall
refer the false or misleading report to the Attorney General for
prosecution for fraud.

(c) A person who violates this chapter is guilty of an infraction
punishable by a fine of not more than one thousand dollars
($1,000).

(d) In addition to being guilty of an infraction pursuant to
subdivision (c), a person who violates this chapter may be assessed
a civil penalty by the department of not more than one thousand
dollars ($1,000) for each violation, pursuant to a notice and a
hearing conducted in accordance with Chapter 5 (commencing
with Section 11500) of Part 1 of Division 3 of Title 2 of the
Government Code.

(e) A civil penalty or fine received pursuant to this section shall
be deposited in the Integrated Waste Management Account, and
the funds in that account may be expended by the department for
the administration of this chapter.

end insert

begin delete SEC. 3. end delete
begin insert SEC. 2. end insert   

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.