Amended in Senate April 6, 2015

Senate BillNo. 732


Introduced by Senator Pan

February 27, 2015


An act tobegin insert add Section 14549.3 to, and toend insert repeal and add Section 14575.1 of the Public Resources Code, relating to beverage containers.

LEGISLATIVE COUNSEL’S DIGEST

SB 732, as amended, Pan. Beverage containerbegin delete recycling: processing fees: PET beverage containers.end deletebegin insert recycling.end insert

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.begin insert Existing law imposes specified reporting requirements on certain parties, including manufacturers and processors in connection with the act.end insertbegin delete Existingend delete

begin insert

This bill would, on and after January 1, 2017, require every manufacturer of a beverage sold in a plastic beverage container to demonstrate to the Department of Resources Recycling and Recovery that each type of plastic beverage container sold in this state contains, on average, not less than 10 percent postfilled material.

end insert

begin insert Existingend insert law requires the department to calculate a processing fee and a processing payment for any type of empty beverage container with a refund value less than the cost of recycling in accordance with a specified formula. The department is prohibited from imposing a processing fee onbegin insert certain plastic beverage containers labeled with a “1” calledend insert PET beverage containersbegin insert,end insert if a willing purchaser offers to purchase empty PET containers at a voluntary artificial scrap value that is equal to the processing fee, as specified.

This bill would delete the provisions prohibiting the department from imposing a processing fee on PET beverage containers for which there is such a willing purchaser.

Existing law requires the department to reduce the processing fee paid by beverage manufacturers based on the recycling rate of the container, subject to specified requirements and the availability of funds.

This bill would prohibit the department from reducing the processing fee requirements for any beverage manufacturer for any beverage container sold in the state unless the beverage manufacturer demonstrates to the department that the beverage container is manufactured at a facility that meets or exceeds a certain percentage of recycled content, regardless of whether the container is manufactured in the state.

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

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

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 14549.3 is added to the end insertbegin insertPublic Resources
2Code
end insert
begin insert, to read:end insert

begin insert
3

begin insert14549.3.end insert  

On and after January 1, 2017, every manufacturer
4of a beverage sold in a plastic beverage container shall
5demonstrate to the department that each type of plastic beverage
6container sold in this state contains, on average, not less than 10
7percent postfilled material.

end insert
8

begin deleteSECTION 1.end delete
9begin insertSEC. 2.end insert  

Section 14575.1 of the Public Resources Code is
10repealed.

11

begin deleteSEC. 2.end delete
12begin insertSEC. 3.end insert  

Section 14575.1 is added to the Public Resources Code,
13to read:

14

14575.1.  

Notwithstanding subdivision (e) of Section 14575,
15the department shall not reduce the processing fee requirements
16for any beverage manufacturer for any beverage container sold in
17this state unless the beverage manufacturer demonstrates to the
18department that the beverage container is manufactured at a facility
19that meets or exceeds the percentage of recycled content specified
P3    1pursuant to Section 14549, regardless of whether the container is
2manufactured in this state.



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