Bill Text: CA AB1447 | 2015-2016 | Regular Session | Amended
Bill Title: Solid waste: food and beverage packaging.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2016-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1447 Detail]
Download: California-2015-AB1447-Amended.html
BILL NUMBER: AB 1447 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 5, 2015
AMENDED IN ASSEMBLY APRIL 9, 2015
AMENDED IN ASSEMBLY MARCH 26, 2015
INTRODUCED BY Assembly Member Alejo
FEBRUARY 27, 2015
An act to amend Section 14549 of, and to add Section
14548 to, add Chapter 5.9 (commencing with Section
42360) to Part 3 of Division 30 of the Public Resources Code,
relating to solid waste.
LEGISLATIVE COUNSEL'S DIGEST
AB 1447, as amended, Alejo. Solid waste: food and beverage
packaging.
(1) Existing law, the California Beverage Container Recycling and
Litter Reduction Act, requires each glass container manufacturer in
the state to use a minimum percentage of 35% of postfilled glass,
except as specified, in the manufacturing of glass food, drink, or
beverage containers. A violation of the act is a crime, except as
specified.
The bill would clarify that for purposes of the minimum postfilled
glass requirement, a glass container manufacturer in the state
includes a glass container manufacturer who imports glass containers
from outside of the state for filling.
(2)
(1) Existing law requires all rigid plastic bottles and
rigid plastic containers, including bottles and containers composed
of polyethylene terephthalate (PET), sold in California to be labeled
with a code which indicates the resin used to produce the rigid
plastic bottle or rigid plastic container.
This bill would require under the California Beverage Container
Recycling and Litter Reduction Act, on and after January 1, 2017, and
annually thereafter, a manufacturer of PET plastic packaging
primarily composed of polyethylene terephthalate and used to contain
food or beverages to report to the department, in a manner determined
by the department, certain information, including the total amount
of tons of new PET plastic packaging made for sale by that
manufacturer. The
This bill would require, on and after
commencing July 1, 2016, every manufacturer of
PET plastic packaging for sale
manufactured in the state to include be
manufactured with, and empty PET plastic packaging imported into the
state to be filled with food or drink in the state for sale in the
state to contain, a minimum of 10% of postfilled PET
plastic in its PET plastic packaging. plastic,
as measured by weight. The bill would require, commencing
January 1, 2017, and annually thereafter, every such manufacturer or
importer of PET plastic packaging to demonstrate compliance with that
requirement by certifying to the Department of Resources Recycling
and Recovery certain information. The bill would provide
that a person who violates these provisions is guilty of an
infraction and may be assessed civil penalties. By
(3) By expanding
the scope of the California Beverage Container Recycling and Litter
Reduction Act, a violation of which is a creating a
new crime, the bill would impose a state-mandated local
program.
(4)
(2) 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: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 14548 is added to the Public
Resources Code, to read:
14548. (a) For purposes of this section, "PET plastic packaging"
means beverage containers or food or drink packaging material
consisting primarily of polyethylene terephthalate (PET) and used to
contain food or beverages.
(b) On and after January 1, 2017, and annually thereafter, every
manufacturer of PET plastic packaging for sale in the state shall
report to the department, in a manner determined by the department,
both of the following:
(1) The total amount of tons of new PET plastic packaging made for
sale by that manufacturer.
(2) The total amount of postfilled PET plastic used in the
manufacturing of that packaging.
(c) On and after July 1, 2016, each manufacturer of PET plastic
packaging for sale in the state shall include a minimum of 10 percent
of postfilled PET plastic in the PET plastic packaging that it
manufactures, measured in the aggregate, on an annual basis.
SEC. 2. Section 14549 of the Public Resources
Code is amended to read:
14549. (a) Every glass container manufacturer shall report to the
department each month, by a method as determined by the department,
the amount of total tons of new glass food, drink, and beverage
containers made in California by that glass container manufacturer
and the tons of California postfilled glass used in the manufacturing
of those new containers.
(b) Each glass container manufacturer in the state, including a
glass container manufacturer who imports glass containers from
outside of the state for filling, shall use a minimum percentage of
35 percent of postfilled glass in the manufacturing of its glass
food, drink, or beverage containers measured in the aggregate, on an
annual basis, except that if a glass container manufacturer
demonstrates to the satisfaction of the department that its use of
postfilled glass during the annual period is made up of at least 50
percent mixed-color cullet, then that manufacturer shall use a
minimum percentage of 25 percent postfilled glass in the
manufacturing of its glass food, drink, or beverage containers,
measured in the aggregate, on an annual basis.
(c) A glass container manufacturer may seek a reduction or waiver
of the minimum postfilled glass percentage required to be used in the
manufacture of glass food, drink, or beverage containers pursuant to
subdivision (b). The department may grant a reduction or waiver of
the percentage requirement if it finds and determines that it is
technologically infeasible for the glass container manufacturer to
achieve the percentage requirement or if the department determines
that a glass container manufacturer cannot achieve the minimum
percentage because of a lack of available glass cullet.
(d) For the purposes of this section, "mixed-color cullet" means
cullet that does not meet the American Society for Testing and
Materials (ASTM) standard specifications for color mix of color
sorted postfilled glass as raw material for the manufacture of glass
containers.
SECTION 1. Chapter 5.9 (commencing with Section
42360) is added to Part 3 of Division 30 of the Public
Resources Code , to read:
CHAPTER 5.9. PET PLASTIC PACKAGING RECYCLED CONTENT PROGRAM
42360. For purposes of this chapter, the following terms have the
following meanings:
(a) "Filled with food or drink" means caused to contain food or
drink that is poured, placed, packed, or otherwise intentionally
introduced into the applicable packaging.
(b) "PET plastic packaging" means beverage containers or food or
drink packaging material consisting primarily of polyethylene
terephthalate (PET) and used to contain food or beverages.
42361. (a) Commencing January 1, 2017, and annually thereafter, a
manufacturer of PET plastic packaging that is manufactured in the
state shall demonstrate compliance with the requirements of Section
42362 by certifying to the department, in a form and manner
determined by the department, both of the following:
(1) The total number of tons of new PET plastic packaging
manufactured by that manufacturer in the previous year.
(2) The total number of tons of postfilled PET plastic the
manufacturer used in the manufacturing of new PET plastic packaging
during the previous year.
(b) Commencing January 1, 2017, and annually thereafter, an
importer of empty PET plastic packaging that is filled with food or
drink in the state to be sold in the state shall demonstrate
compliance with the requirements of Section 42362 by certifying to
the department, either directly or by an independent third-party
certifier, in a form and manner determined by the department, both of
the following:
(1) The total number of tons of new PET plastic packaging used in
the manufacturing of empty PET plastic packaging imported into the
state by the importer during the previous year to be filled with food
or drink in the state for sale in the state.
(2) The total number of tons of postfilled PET plastic used in the
manufacturing of empty PET plastic packaging imported into the state
by the importer during the previous year to be filled with food or
drink in the state for sale in the state.
42362. (a) Commencing July 1, 2016, PET plastic packaging
manufactured in the state shall be manufactured with a minimum of 10
percent of postfilled PET plastic, as measured by weight and in the
aggregate, on an annual basis.
(b) Commencing July 1, 2016, empty PET plastic packaging imported
into the state to be filled with food or drink in the state for sale
in the state shall contain a minimum of 10 percent of postfilled PET
plastic, as measured by weight and in the aggregate, on an annual
basis.
42363. (a) A PET plastic packaging manufacturer or importer who
is required to submit a certification pursuant to Section 42361 may
be subject to an audit by the department to ensure that the certified
percentage of postfilled PET plastic was used.
(b) If a PET plastic packaging manufacturer or importer provides
the department with a false or misleading report concerning the
percentage of postfilled PET plastic used, the department, within 30
days of making this determination, shall refer the false or
misleading report to the Attorney General for prosecution for fraud.
(c) A person who violates this chapter is guilty of an infraction
punishable by a fine of not more than one thousand dollars ($1,000).
(d) In addition to being guilty of an infraction pursuant to
subdivision (c), a person who violates this chapter may be assessed a
civil penalty by the department of not more than one thousand
dollars ($1,000) for each violation, pursuant to a notice and a
hearing conducted in accordance with Chapter 5 (commencing with
Section 11500) of Part 1 of Division 3 of Title 2 of the Government
Code.
(e) A civil penalty or fine received pursuant to this section
shall be deposited in the Integrated Waste Management Account, and
the funds in that account may be expended by the department for the
administration of this chapter.
SEC. 3. 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.
