Bill Text: CA AB2762 | 2023-2024 | Regular Session | Amended
Bill Title: Recycling: reusable beverage containers.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-05-16 - In committee: Held under submission. [AB2762 Detail]
Download: California-2023-AB2762-Amended.html
|
Amended
IN
Assembly
April 24, 2024 |
|
Amended
IN
Assembly
April 15, 2024 |
|
Amended
IN
Assembly
March 21, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 2762
| Introduced by Assembly Member Friedman |
February 15, 2024 |
An act to add Chapter 6.8 (commencing with Section 14579) to Division 12.1 of the Public Resources Code, relating to recycling.
LEGISLATIVE COUNSEL'S DIGEST
AB 2762, as amended, Friedman.
Recycling: reusable beverage containers.
The California Beverage Container Recycling and Litter Reduction Act, which is administered by the Department of Resources Recycling and Recovery, is established to promote beverage container recycling. The act defines “beverage container” to mean the individual, separate bottle, can, jar, carton, or other receptacle, however denominated, in which a beverage is sold, and that is constructed of metal, glass, or plastic, or other material, or any combination of these materials, but does not include cups or other similar open or loosely sealed receptacles. The act defines “reusable beverage container” to mean a glass beverage container that has an established refund value and that is processed by a processor for subsequent washing for refill and sale by a beverage manufacturer. A violation of the act is a crime.
This bill would require,
for certain beverage manufacturers, by January 1, 2031, that no less than 5% of the volume of beverages that a beverage manufacturer sells in beverage containers in California be sold in reusable beverage containers, and that by January 1, 2032, no less than 60% of that 5% be in reusable beverage containers that were returned for reuse. The bill would provide for periodic increases to those percentages. The bill would require, beginning January 1, 2025, 2030, and annually thereafter, a beverage manufacturer to report certain information to the department regarding the sale of beverages in beverage containers and reusable beverage containers, as specified. The bill would require a
beverage manufacturer to make those reports publicly available on the beverage manufacturer’s internet website. The bill would require, beginning October 1, 2025, in 2031, the department to aggregate the information provided by beverage manufacturers into an annual report, as specified. The bill would authorize one or more beverage manufacturers to form a reusable beverage container management system and to submit a plan to the department regarding their plan to comply with the requirements of this bill, as specified.
By creating new requirements under the act, a violation of which would be a crime, this bill would impose a state-mandated local program.
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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Chapter 6.8 (commencing with Section 14579) is added to Division 12.1 of the Public Resources Code, to read:CHAPTER 6.8. Reusable Beverage Container Minimums
14579.
(a) A beverage manufacturer, with annual gross sales of one million dollars ($1,000,000) or more, that sells, offers for sale, or distributes a beverage in the state that is bottled in the state shall ensure that the percentage of the volume of beverages it bottles and sells in the state is bottled in reusable beverage containers at the following rates:(1) Not less than 5 percent by January 1, 2031.
(2) Not less than 10 percent by January 1, 2033.
(3) Not less than 25 percent by January 1, 2035.
(b) A
beverage manufacturer described in subdivision (a) shall bottle beverages in reusable beverage containers that have been previously sold and returned for reuse at the following rates:
(1) Not less than 60 percent of the beverages it sells in reusable beverage containers by January 1, 2031. 2032.
(2) Not less than 90 percent of the beverages it sells in reusable beverage containers by January 1, 2033. 2034.
(3) Not less than 95 percent of the beverages it sells in reusable beverage containers by January 1, 2035. 2036.
(c) A beverage manufacturer shall ensure compliance with subdivisions (a) and (b) for the beverages it sells.
(d) (1) By January 1, 2026, 2030, and annually thereafter, a beverage manufacturer shall demonstrate compliance with this section by submitting a report to the department that includes the percentage of
the total volume of beverages produced and sold in reusable beverage containers and the number of single-use beverage containers and reusable beverage containers and beverage containers that are not reusable beverage containers produced and sold in California in the previous calendar year, specified by type of beverage, size of container, and container material type.
(2) A beverage manufacturer shall make the report required by paragraph (1) publicly available on the beverage manufacturer’s internet website. The department shall aggregate the data received pursuant to paragraph (1)
and annually report on the total volume of beverages sold in reusable beverage containers in California each year and returned for reuse, starting in 2025 and ending in 2031, inclusive. 2031.
(e) A beverage manufacturer shall provide to the department any additional information requested by the department to ensure the reliability of the data reported and to determine the progress made towards compliance with this section.
14579.1.
(a) One or more beverage manufacturers may form a reusable beverage container management system for purposes of complying with this chapter.(b) A BCMS may prepare and submit a plan to the department. The plan may, but is not required to, include any of the following:
(1) A governance structure for the organization that provides equitable voting power for participants.
(2) An equitable financial structure.
(3) The roles and responsibilities of all responsible parties
beverage manufacturers participating in the BCMS.
(4) How the BCMS plans to meet the reusable beverage container rates described in Section 14579 and any actions the BCMS may take related to consumer action.
(5) How the BCMS plans to provide efficient collection, washing, and redistribution of reusable beverage containers, including how the organization will promote maximum ease of return of reusable beverage containers by consumers to achieve the returned-for-reuse rates described in subdivision (b) of Section 14579.
(6) How the transportation needs of the BCMS plan will affect greenhouse gas emissions.
(c) For
purposes of this section, “beverage container management system” or “BCMS” means an operational and financial arrangement in which beverage manufacturers cooperate with dealers, dealer cooperatives, processors, recycling centers, and other necessary actors to provide an efficient managed system for the collection, sorting, washing, refilling, and redistribution of reusable beverage containers. For purposes of this definition, “dealers,” “dealer cooperatives,” “processors,” and “recycling centers” have the same meanings as in Chapter 2 (commencing with Section 14502) of Division 12.1.
