BILL NUMBER: AB 2530	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 15, 2016
	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   Sectio   n
 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.
  value, and requires a beverage manufacturer to
indicate on all beverage containers sold or offered for sale in the
state the message "California Redemption Value" or one of similar
alternative messages, as specified.  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 March 1, 2018, would require a manufacturer
of a beverage sold in a plastic beverage container  subject to
the California Redemption Value  to  annually  report
to the department  , under penalty of perjur   y, 
the  average percentage of postconsumer recycled content in
beverage 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 making a claim about the
postconsumer recycled content.The bill would require a beverage
manufacturer to demonstrate compliance with those provisions annually
to the department.   amount of virgin plastic and
postconsumer recycled plastic used by the manufacturer for plastic
beverage containers subject to the California Redemption Value for
sale in the state in the previous calendar year. By expanding the
crime of perjury, the bill would impose a state-mandated local
program. The bill would require the department to post the
information reported on the department's Internet Web site. 

   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 14549.3 is added to the Public Resources Code,
to read:
   14549.3.  (a) On or before March 1, 2018, and annually thereafter,
a manufacturer of a beverage sold in a plastic beverage container
 subject to the California Redemption Value  shall report to
the department the  average percentage   amount
 of  virgin plastic and  postconsumer recycled
 content in  plastic  beverage containers
sold   used  by the manufacturer  for plastic
beverage containers subject to the California Redemption Value for
sale  in the state in the previous calendar year.  The
manufacturer shall submit this information to the department under
penalty of perjury. 
   (b) The department shall post the information reported pursuant to
subdivision (a) on the department's Internet Web site. 
   (c) For purposes of making a claim of postconsumer recycled
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).  
   (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).  
   (e) A manufacturer may use an independent third-party
certification entity to certify that the manufacturer's plastic
beverage container postconsumer recycled content report pursuant to
subdivision (a) meets the requirements of this section. 

   (f) 
    (c)  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 manufacturer of a beverage sold in a plastic beverage
container shall demonstrate compliance with Section 14549.3 to the
department on an annual basis. 
   SEC. 2.    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.