BILL NUMBER: AB 2530	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 1, 2016
	AMENDED IN ASSEMBLY  APRIL 18, 2016

INTRODUCED BY   Assembly Member Gordon

                        FEBRUARY 19, 2016

   An act to add Sections 14549.3 and 14575.2 to the Public Resources
Code, relating to recycling.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2530, as amended, Gordon. Recycling: beverage containers.
   Existing law, the California Beverage Container Recycling and
Litter Reduction Act, requires that every beverage container sold or
offered for sale in this state have a minimum refund value. 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 California
Beverage Container Recycling Fund. The act defines the term "beverage"
for these purposes to include certain types of products in liquid,
ready-to-drink form, and also excludes specified products from the
definition of "beverage."
   This bill, beginning  January   March 
1, 2018, would require a manufacturer of a beverage sold in a plastic
beverage container to  clearly indicate through labeling
  report to the department  the average percentage
of postconsumer recycled content in  the  beverage
 container   containers sold in the state by the
manufacturer in the previous year  and would require a
manufacturer to use one or more of several specified methods of
determining the average percentage of postconsumer recycled content
for  labeling or  making a claim about the
postconsumer recycled  content of plastic beverage
containers.   content.  
   Existing law provides for the department to reduce processing fees
paid by beverage manufacturers under certain circumstances.

    This   The  bill would require a
beverage manufacturer to demonstrate compliance with  the
labeling   those  provisions annually to the
 Department of Resources Recycling and Recovery, and would
prohibit the department from reducing processing fees unless the
manufacturer demonstrates compliance.   department.

   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 14549.3 is added to the Public Resources Code,
to read:
   14549.3.  (a) On  and after January   or
before March  1, 2018,  and annually thereafter,  a
manufacturer of a beverage sold in a plastic beverage container shall
 clearly indicate through labeling   report to
the department  the average percentage of postconsumer recycled
content in  the   plastic  beverage
 container by either printing or embossing the beverage
container or by securely affixing a clear and prominent stamp, label,
or other device to the beverage container. The indication of
postconsumer recycled content shall follow the size and format
requirements described in paragraph (2) of subdivision (b) of Section
2200 of Title 14 of the California Code of Regulations. 
 containers sold by the manufacturer in the state in the previous
calendar year.  
   (b) The department shall post the information reported pursuant to
subdivision (a) on the department's Internet Web site. 

   (b) 
    (c)  For purposes of making a claim of postconsumer
recycled  content and labeling the average percentage of
postconsumer recycled content of plastic beverage containers,
  content pursuant to subdivision (a),  a
manufacturer of a beverage shall utilize one or more of the
following:
   (1) The average percentage of postconsumer recycled content in all
plastic beverage containers sold by the manufacturer in the state
during the previous year.
   (2) The average percentage of postconsumer recycled content in the
plastic beverage containers sold by the manufacturer in the state
from the product line that carries the claim.
   (3) Any other reasonable methodology for determining minimum
postconsumer recycled content for a claim that is consistent with the
Federal Trade Commission's Guides for the Use of Environmental
Marketing Claims (16 C.F.R. Part 260). 
   (c) 
    (d)  Any claim of recycled content made pursuant to this
section shall be accurate and consistent with the Federal Trade
Commission's Guides for the Use of Environmental Marketing Claims (16
C.F.R. Part 260). 
   (d) 
    (e)  A manufacturer may use an independent third-party
certification entity to certify that the manufacturer's plastic
beverage  containers meet   container
postconsumer recycled content report pursuant to subdivision (a)
meets  the requirements of this section. 
   (e) 
    (f)  This section does not apply to a refillable plastic
beverage container.
  SEC. 2.  Section 14575.2 is added to the Public Resources Code, to
read:
   14575.2.   (a)    A manufacturer
of a beverage sold in a plastic beverage container shall demonstrate
compliance with Section 14549.3 to the department on an annual
basis. 
   (b) Notwithstanding subdivision (e) of Section 14575, the
department shall not reduce the processing fee requirements for a
beverage manufacturer for a plastic container sold in this state
unless the manufacturer demonstrates to the department that the
plastic beverage container complies with the labeling requirements of
Section 14549.3, regardless of whether the plastic beverage
container is manufactured in this state.