Bill Text: CA AB1080 | 2019-2020 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Solid waste: packaging and products.

Spectrum: Partisan Bill (Democrat 21-0)

Status: (Engrossed - Dead) 2020-09-04 - Held at Desk pursuant to Joint Rule 51(b)(3). [AB1080 Detail]

Download: California-2019-AB1080-Amended.html

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Amended  IN  Assembly  May 07, 2019

Amended  IN  Assembly  March 19, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill

No. 1080

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Introduced by Assembly Members Gonzalez, Calderon, Friedman, and Ting
(Principal coauthor: Senator Allen)
(Coauthors: Assembly Members Boerner Horvath Boerner Horvath, Kamlager-Dove, and McCarty)
(Coauthors: Senators Skinner, Stern, Wieckowski, and Wiener)

February 21, 2019

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An act to add Chapter 3 (commencing with Section 42040) to Part 3 of Division 30 of the Public Resources Code, relating to solid waste.

LEGISLATIVE COUNSEL'S DIGEST

AB 1080, as amended, Gonzalez. California Circular Economy and Plastic Pollution Reduction Act.

The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, generally regulates the disposal, management, and recycling of solid waste, including, among other solid waste, single-use plastic straws.

The Sustainable Packaging for the State of California Act of 2018 prohibits a food service facility located in a state-owned facility, operating on or acting as a concessionaire on state property, or under contract to provide food service to a state agency from dispensing prepared food using a type of food service packaging unless the type of food service packaging is on a list that the department publishes and maintains on its internet website that contains types of approved food service packaging that are reusable, recyclable, or compostable.

Existing law makes a legislative declaration that it is the policy goal of the state that not less than 75% of solid waste generated be source reduced, recycled, or composted by 2020.

This bill would establish the California Circular Economy and Plastic Pollution Reduction Act, which would require the department, in consultation with the State Water Resources Control Board and the Ocean Protection Council, to adopt adopt, on or before January 1, 2023, regulations to source reduce and recycle 75% of single-use packaging and products sold or distributed in California by 2030. achieve, by 2030, a 75% reduction by manufacturers and retailers of the waste generated from single-use packaging and products offered for sale or sold in the state through source reduction, recycling, or composting. The bill would require the department to adopt those regulations to accomplish that requirement, include specified requirements, including, among others, regulations to require businesses to source reduce, that manufacturers and retailers, to the maximum extent feasible, source reduce single-use packaging and products, to recycle, and require businesses to source reduce, at least 75% of single-use plastic packaging and products by 2030, and to require that products and transition single-use packaging and products to reusable packaging and products, that manufacturers and retailers reduce waste generation of single-use plastic packaging and products by 75% through combined source reduction and recycling, and that all single-use packaging and products distributed offered for sale or sold in California are recyclable or compostable on and after 2030. The bill would require manufacturers and retailers to annually report specified information to the department. The bill would require the department, on or before January 1, 2021, before adopting the regulations, to prepare and approve develop a scoping plan to set a baseline for and achieve those reduction and recycling requirements.

The bill would require the department to develop criteria to determine which types of single-use packaging or products are reusable, recyclable, or compostable. The bill would require local governments, solid waste facilities, recycling facilities, and composting facilities to provide information requested by the department for purposes of developing that criteria. By imposing additional duties on local governments, the bill would impose a state-mandated local program.

The bill would require a manufacturer of single-use plastic packaging or products sold or distributed in California to demonstrate a recycling rate of not less than 20% on and after January 1, 2022, and not less than 40% on and after January 1, 2026, and not less than 75% on and after January 1, 2030, as a condition of sale, and would authorize the department to impose a higher recycling rate as a condition of sale, as specified.

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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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Bill Text

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

SECTION 1.

 Chapter 3 (commencing with Section 42040) is added to Part 3 of Division 30 of the Public Resources Code, to read:

CHAPTER  3. California Circular Economy and Plastic Pollution Reduction Act

42040.

 This chapter shall be known, and may be cited, as the California Circular Economy and Plastic Pollution Reduction Act.

42041.

 The Legislature finds and declares all of the following:

(a) Annual global production of plastic has reached 335 million tons and continues to rise. The United States alone discards 30 million tons each year. By 2050, plastic production will account for 20 percent of global fossil fuel consumption. Global plastic production is projected to more than triple by 2050, accounting for 20 percent of all fossil fuel consumption.

(b)Since plastic does not biodegrade, but simply breaks down into smaller and smaller pieces, virtually every gram of plastic ever created continues to exist, mostly either in a landfill or as pollution in our environment. As plastic breaks down, it emits potent greenhouse gases.

(b) Without action, projections estimate that by 2050 the mass of plastic pollution in the ocean will exceed the mass of fish. A study by the University of Exeter and Plymouth Marine Laboratory in the United Kingdom found plastics in the gut of every single sea turtle examined and in 90 percent of seabirds. Additionally, plastic negatively affects marine ecosystems and wildlife, as demonstrated by countless seabirds, turtles, and marine mammals, including, but not limited to, whales and dolphins, dying from plastic ingestion or entanglement.

(c) Based on data from the United States Environmental Protection Agency, Institute of Scrap Recycling Industries trade statistics, and industry news source Resource Recycling, the national recycling rate for plastic is projected to sink from 9.1 percent in 2015 to 4.4 percent in 2018, and could drop to 2.9 percent in 2019. Even in California, less than 15 percent of single-use plastic is recycled, and the cost to recycle plastics exceeds the value of scrap plastic material. recycled.

(d) Before 2017, the United States was sending 4,000 shipping containers a day full of American waste to China every year, including two-thirds of California’s recyclable materials. However, China has implemented the Green Fence, National Sword Sword, and Blue Sky policies, severely restricting the amount of contaminated and poorly sorted plastics it would accept. This shift in China’s policy has resulted in the loss of markets for low-value plastic packaging that was previously considered recyclable. That material is now being landfilled or burned.

(e) Additionally, the foreign market for recycled paper has collapsed in California. Foreign exports of mixed paper fell from over 400,000 tons in the first quarter of 2017 to just 136,000 tons in the first quarter of 2018. The price of mixed paper fell from ninety-five dollars ($95) per ton to just ten dollars ($10) a ton in the same timeframe.

(f) The loss of markets for recyclable material has added huge costs to local governments strike>

(g)

(i) Evidence now shows that even our own food and drinking water sources are contaminated with plastic, called microplastics, including plastic. Microplastics have been found in tap water, bottled water, table salt, and fish and shellfish from local California fish markets. A growing body of research is finding plastic and associated toxins throughout the food web, including in our blood, feces, and tissues. Exposure to these toxins has been linked to cancers, birth defects, impaired immunity, endocrine disruption, and other ailments.

(h)Without action, projections estimate that by 2050 the mass of plastic pollution in the ocean will exceed the mass of fish. A study by the University of Exeter and Plymouth Marine Laboratory found plastics in the gut of every single sea turtle examined and in 90 percent of seabirds. Additionally, plastic negatively impacts marine ecosystems and wildlife, as demonstrated by countless seabirds, turtles, and marine mammals, including, but not limited to, whales and dolphins, dying from plastic ingestion or entanglement.

(i)

(j) It is the policy goal of the state that not less than 75 percent of solid waste generated be source reduced, recycled, or composted by the year 2020. However, as of 2017, the state was only on track to reach 44 percent, falling far short of this important goal. Additionally, the state has done little to require businesses to reduce the amount of packaging and single-use product waste they generate in California.

(j)

(k) As the fifth largest economy in the world, California has a responsibility to lead on solutions to the growing plastic pollution crisis. crisis, and to lead in the reduction of unnecessary waste generally.

(k)

(l) Further, businesses selling products into California have a responsibility to ensure that their packaging and products are minimizing waste, including ensuring materials used are reusable, recyclable, or compostable. This responsibility includes paying for the cost of the negative externality of recovery for materials they sell in California.

42042.

 (a) Consistent with the policy goal established in Section 41780.01, the department, in consultation with the State Water Resources Control Board and the Ocean Protection Council, shall shall, on or before January 1, 2023, adopt regulations to source reduce and recycle at least 75 percent of single-use packaging and products sold or distributed in California by 2030. In addition to any other regulations and policies the department deems necessary to accomplish this requirement, the department shall adopt regulations to do all of the following: achieve, by 2030, a 75-percent reduction by each manufacturer and retailer of single-use packaging or products of the waste generated from single-use packaging and products offered for sale or sold in the state through source reduction, recycling, or composting.

(a)Require businesses to source reduce, to the maximum extent feasible, single-use packaging and products. In addition to other mechanisms, source reduction shall include reducing excess packaging and transitioning single-use packaging and products to reusable packaging and products.

(b)Recycle, and require businesses to source reduce, at least 75 percent of single-use plastic packaging and products by 2030.

(c)Require that all single-use packaging and products distributed or sold in California are recyclable or compostable on and after 2030.

(b) The regulations adopted pursuant to subdivision (a) shall include, but are not limited to, provisions that do all of the following:

(1) Require manufacturers and retailers of single-use packaging or products, to the maximum extent feasible, to source reduce single-use packaging and products and transition single-use packaging and products to reusable packaging and products.

(2) Require all single-use packaging and products that are offered for sale or sold in California to be recyclable or compostable, as determined by the department pursuant to Section 42045, as of January 1, 2030.

(3) For plastic single-use packaging and products that are offered for sale or sold in California, require manufacturers and retailers of single-use plastic packaging or products to each reduce waste generation by 75 percent through combined source reduction and recycling.

(d)

(4) Develop incentives and policies to maximize and encourage in-state manufacturing using recycled material generated in California.

(e)

(5) Develop economic mechanisms to reduce the distribution of single-use packaging and products.

(f)

(6) Discourage, to the extent feasible, the litter, export, or improper disposal of single-use packaging, products, and other materials likely to harm the environment or public health in California or elsewhere in the world.

42043.

 (a) The Before adopting regulations adopted pursuant to Section 42042 may include, but are not limited to, regulations that do any of the following: 42042, the department shall develop a scoping plan for achieving the requirements established in Section 42042.

(b) As part of the scoping plan, the department shall conduct extensive outreach to stakeholders. This outreach shall include, but is not limited to, both of the following:

(1) Convening a series of public workshops throughout the state to give interested parties an opportunity to comment.

(2) Convening a series of stakeholder meetings designed to facilitate dialogue between stakeholders representing different interest groups such as local governments, the solid waste and recycling industries, product and packaging manufacturers, retailers, trade associations, and environmental organizations. These meetings shall be held throughout the state to increase the opportunity for participation and shall inform the development of regulations pursuant to this section.

(c) As part of the scoping plan, the department shall evaluate the feasibility of employing the following regulatory measures:

(1) Require notification of Requiring individuals or entities, including, but not limited to, brokers, processors, and sorting facilities, to notify the department prior to the export of unprocessed plastic for recycling in a country that is not a member of the Organization for Economic Cooperation and Development.

(2) Establish Establishing labeling requirements for regarding the recyclability or compostability of single-use packaging and products that pose a contamination or cost burden to California’s waste reduction and recycling efforts. products. Labeling may reflect whether the packaging or product can be readily recycled or composted and whether the packaging or product is likely to contaminate other recyclable or compostable material or complicate processing.

(3) Adopt voluntary guidelines Adopting model best practices for manufacturers and retailers to reduce packaging waste, including through the creation of effective and convenient take-back opportunities, deposit systems, reusable and refillable delivery systems, or similar mechanisms.

(4) Develop Developing alternative compliance mechanisms for manufacturers and retailers, including market mechanisms that reduce the overall material usage across a company’s product line or between multiple manufacturers of similar products.

(5) Include Adopting actions identified through the California Ocean Litter Prevention Strategy and the Statewide Microplastics Strategy.

(6)Identify priority single-use packaging and product materials for reduction actions.

(6) Establishing an extended producer responsibility program to require manufacturers and retailers to contribute to the costs associated with processing the single-use packaging and products they produce.

(7) Establish Establishing criteria for the source reduction requirements specified in Section 42042, including reducing weight, volume, or quantity of single-use packaging or and product material. material in a way that does not decrease the ability of the material to be recycled or reused.

(8) Establish Establishing minimum postconsumer recycled content requirements for single-use packaging and products.

(b)(1)   As part of the regulations adopted pursuant to Section 42042, the department shall establish a process for businesses to annually report all of the following information to the department:

(A)The quantity and type of packaging materials sold into California by the business.

(B)The quantity and type of material source reduced by the business annually.

(C)Any other data the department deems necessary to establish a baseline for waste generation and subsequent source reduction by a business.

(2)Any market sensitive data received by the department pursuant to this subdivision shall be held confidentially by the department.

(3)The department may create an online registration form to facilitate submitting reports pursuant to this subdivision.

(c)The regulations adopted pursuant to Section 42042 shall not impose restrictions on the production or sale of medical devices.

42044.

 (a) On or before January 1, 2021, the department shall prepare and approve a scoping plan, as that term is understood by the department, for achieving the requirements in Section 42042. The In adopting regulations pursuant to Section 42042, the department shall consult with all relevant state agencies with jurisdiction over sources of waste, waste in California, and local jurisdictions and regional agencies charged with meeting waste diversion goals.

(b) As part of the plan, regulations, the department shall do both of the following:

(1)Determine determine which products and or types of packaging are considered single use for the purposes of this chapter. In making this determination, the department shall consider both all of the following:

(A)

(1) Whether the packaging or product was conceived of, designed, or placed on the market to be conventionally is routinely disposed of after a single use.

(2) Whether the packaging is routinely disposed of after its contents have been used or unpackaged, and typically not refilled.

(B)

(3) Whether the packaging or product was designed and intended to be durable or is durable, washable, allowing for or routinely used for its original purpose multiple uses over the lifespan of the packaging or product. times before disposal.

(c) The department may identify single-use packaging or products that, while determined to be single use for purposes of this chapter, present unique challenges in complying with this chapter that require the single-use packaging or products to be phased into the regulations after January 1, 2023, and subsequently subject to the requirements for single-use products and packaging. For any packaging or products identified as presenting those unique challenges, the department shall include in the scoping plan a plan to phase the packaging or products into the regulations.

(d) For purposes of this chapter, medical devices, medical products that are required to be sterile, prescription medicine, and the packaging used for these products shall not be considered single-use packaging or products.

(2)Establish an

(e) The regulations shall include a mechanism for accounting of for the total quantity statewide generation of single-use packaging and products disposed of, generated, and used in the state, and in order to set a baseline amount for the reduction and recycling requirements of Section 42042. To

(f) To determine the amount of a source reduction requirement, required pursuant to the regulations, the department shall establish a baseline for each manufacturer and retailer of single-use products or packaging using the last three years of packaging material sold by businesses that manufacturer or retailer into the State of California. For purposes of this chapter, source reduction shall not include replacing a recyclable or compostable material with a nonrecyclable material. or noncompostable material, and shall not include a shift to plastic material. The department may consider single-use packaging and product reductions achieved by a manufacturer or retailer before the effective date of the regulations if the manufacturer or retailer can demonstrate to the satisfaction of the department that the manufacturer or retailer reduced the single-use packaging or product in a manner consistent with this chapter.

(g) (1) The department shall require manufacturers and retailers of single-use packaging and products to annually report all of the following information to the department:

(A) The quantity, weight, volume, and type of single-use packaging and product materials sold into California by the manufacturer or retailer annually.

(B) The quantity, weight, volume, and type of material source reduced by the manufacturer or retailer annually.

(C) Any other data the department deems necessary to establish a baseline for waste generation and subsequent source reduction by a manufacturer or retailer.

(2) Any market sensitive data received by the department pursuant to this subdivision shall be held confidentially by the department to the extent required by existing law.

(3) The department may create an online registration form to facilitate submitting reports pursuant to this subdivision.

(c)

(h) The plan shall identify and make recommendations on regulations shall include direct source reductions of single-use consumer goods, alternative compliance mechanisms, market-based compliance mechanisms, and potential monetary and nonmonetary incentives the department finds are necessary or desirable to facilitate the achievement of the requirements of Section 42042. packaging and products to the maximum extent feasible, in accordance with paragraph (1) of subdivision (b) of Section 42042, as follows:

(1) To determine which source reduction measures to implement, the department shall consider which single-use packaging and products are prone to become litter, have readily available alternatives, make up a significant portion of the waste stream, or have established, or the potential for, recycling or composting infrastructure.

(2) When establishing the source reduction measures, the department shall avoid incentivizing regrettable substitutions.

(3) In developing the regulations, the department shall count a manufacturer’s source reductions achieved to comply with Chapter 5.5 (commencing with Section 42300) toward compliance with this chapter.

(i) If the department determines that early actions to source reduce certain single-use packaging and products can further the purposes of this chapter, the department may adopt regulations to achieve those reductions.

(d)

(j) In developing the plan, regulations, the department shall consider all relevant information on reduction programs in other states, localities, and nations, including, but not limited to, the European Union, India, Costa Rica, and Canada.

(e)The department shall evaluate the total potential costs and total potential economic and noneconomic benefits of the plan to California’s economy, environment, and public health, using the best available economic models, diversion and reduction estimation techniques, and other scientific methods.

(f)The department shall conduct a series of public workshops throughout the state to give interested parties an opportunity to comment on the plan. The department may convene a stakeholder group to assist the department in developing the plan that consists of, but is not limited to, product and packaging manufacturers, retailers, environmental organizations, and trade associations.

(g)The department shall update its plan at least once every three years.

(h)After the requirements in Section 42042 are achieved, the department shall update the plan to ensure the requirements are maintained, and, if technologically feasible and cost effective, exceeded.

(k) As an alternative compliance mechanism, the department may allow manufacturers and retailers to achieve the requirements in Section 42042 through alternative methods. The department shall provide technical guidance and outreach to these manufacturers and retailers to help them identify packaging and product reform solutions to achieve the requirements.

(l) The department shall ensure that any regulations adopted pursuant to this chapter account for health and safety as required by the United States Food and Drug Administration.

42045.

 (a) In adopting regulations pursuant to Section 42042, the department shall develop criteria to determine which types of single-use packaging or products are reusable, recyclable, or compostable.

(b) For purposes of determining if single-use packaging or products are recyclable, the director shall consider, at a minimum, all of the following criteria:

(1) Whether the single-use packaging or product is eligible to be labeled as “recyclable” in accordance with the uniform standards contained in Article 7 (commencing with Section 17580) of Chapter 1 of Part 3 of Division 7 of the Business and Professions Code.

(2) Whether the single-use packaging or product is regularly collected, separated, and cleansed for recycling by recycling service providers.

(3) Whether the single-use packaging or product is regularly sorted and aggregated into defined streams for recycling processes.

(4) Whether the single-use packaging or product is regularly processed and reclaimed or recycled with commercial recycling processes.

(5) Whether the single-use packaging or product material regularly becomes feedstock that is used in the production of new products.

(6) Whether the single-use packaging or product material is recycled in sufficient quantity, and is of sufficient quality, to maintain a market value.

(c) For purposes of determining if single-use packaging or products are compostable, the director shall consider, at a minimum, all of the following criteria:

(1) Whether the single-use packaging or product will, in a safe and timely manner, break down or otherwise become part of usable compost that can be composted in a public or private compost facility designed for and capable of processing postconsumer food waste and food-soiled paper.

(2) Whether the single-use packaging or product made from plastic is certified to meet the ASTM standard specification identified in either subparagraph (A) or (C) of paragraph (1) of subdivision (b) of Section 42356 and adopted in accordance with Section 42356.1, if applicable.

(3) Whether the single-use packaging or product is regularly collected and accepted for processing at public and private compost facilities.

(4) Whether the single-use packaging or product is eligible to be labeled as “compostable” in accordance with the uniform standards contained in Article 7 (commencing with Section 17580) of Chapter 1 of Part 3 of Division 7 of the Business and Professions Code.

(d) (1) In implementing this section, the department may consult with local governments and representatives of the solid waste industry, the recycling industry, the compost industry, and single-use product and packaging manufacturers to determine if a type of single-use packaging or product is recyclable, reusable, or compostable.

(2) Local governments, solid waste facilities, recycling facilities, and composting facilities shall provide information requested by the department pursuant to paragraph (1) to the department.

42046.

 (a) A manufacturer of single-use plastic packaging or products sold or distributed in California shall demonstrate a the following recycling rate of not less than 20 percent on and after January 1, 2022, and not less than 40 percent on and after January 1, 2026, rates as a condition of sale of single-use plastic packaging or products. products:

(1) On and after January 1, 2022, not less than 20 percent.

(2) On and after January 1, 2026, not less than 40 percent.

(3) On and after January 1, 2030, not less than 75 percent.

(b) Notwithstanding subdivision (a), the department may impose a higher recycling rate as a condition of sale of single-use plastic packaging or products by a manufacturer as needed to achieve the requirements established in Section 42042.

(c) For purposes of this section, “recycling rate” means the percentage, as measured by weight, volume, or number, of single-use plastic packaging or products sold or offered for sale in the state that is recycled in a year-long over a three-year rolling period, as determined by the department. Recycling rate may be measured by any either of the following:

(1) A particular type of single-use packaging or product, such as a thermoformed or molded container, soft drink container, or detergent bottle.

(2)A product-associated item of packaging.

(3)

(2) A single resin type, as specified in Section 18015.

SEC. 2.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.