Bill Text: CA AB1488 | 2019-2020 | Regular Session | Amended
Bill Title: Recycling: plastic beverage containers: reporting.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2020-02-03 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1488 Detail]
Download: California-2019-AB1488-Amended.html
|
Amended
IN
Assembly
April 11, 2019 |
CALIFORNIA LEGISLATURE—
2019–2020 REGULAR SESSION
| Assembly Bill | No. 1488 |
| Introduced by Assembly Member Burke |
February 22, 2019 |
An act to amend Section 14549.3 of, and to add Section 14506.4 to, of the Public Resources Code, relating to recycling.
LEGISLATIVE COUNSEL'S DIGEST
AB 1488, as amended, Burke.
Recycling: plastic beverage containers: reporting.
Existing law, the California Beverage Container Recycling and Litter Reduction Act, requires every beverage container sold or offered for sale in this state to have a minimum refund value. Under the act, the Department of Resources Recycling and Recovery is required to calculate a processing fee for each beverage container with a specified scrap value, which is required to be paid by beverage manufacturers for each beverage container sold or transferred to a distributor or dealer.
The act requires 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 perjury the 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.
A violation of the act is a crime.
This bill would require a reclaimer, on or before March 1, 2020, and annually thereafter, to report to the department under penalty of perjury the amount of empty plastic beverage containers that it collected, washed, and processed in the state in the previous calendar year into bottle grade flake, pellet, sheet, or any other bottle grade form and into food grade flake, pellet, or sheet, or any other food grade form. The bill would require the department to disseminate standardized forms for these reporting provisions and would require a
manufacturer of a beverage sold in a plastic beverage container and a reclaimer to use those forms. By expanding the crime of perjury and creating new crimes relating to beverage containers, the 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:
“Bottle grade” means a material that is safe and suitable for use as input for the manufacture of new plastic beverage containers and that meets all of the following standards:
(a)The standards in Section 170.39 of Title 21 of the Code of Federal Regulations.
(b)The minimum standards for material generally deemed acceptable by beverage manufacturers to be used in beverage containers based on the type of beverage in that particular type of beverage container.
(c)All state and federal health and safety standards for food.
SEC. 2.SECTION 1.
Section 14549.3 of the Public Resources Code is amended to read:14549.3.
(a) (1) On or before March 1 of each year, a manufacturer of a beverage sold in a plastic beverage container subject to the California Redemption Value shall report to the department the 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. The manufacturer shall submit this information to the department under penalty of perjury.(2) The department shall disseminate a standardized form to beverage manufacturers subject to the requirements of paragraph (1) and those beverage manufacturers shall use
the standardized form to report the required information.
(b) (1) On or before March 1, 2020, and annually thereafter, a reclaimer, as defined in Section 14549.2, shall report to the department the amount of empty plastic beverage containers that it collected, washed, and processed in the state in the previous calendar year into bottle grade flake, pellet, sheet, or any other bottle grade form and into food grade flake, pellet, or sheet, or any other food grade
form. The reclaimer shall submit this information to the department under penalty of perjury.
(2) The department shall disseminate a standardized form to reclaimers for purposes of paragraph (1) and reclaimers shall use the standardized form to report the required information.
(c) The department shall post the information reported pursuant to subdivisions (a) and (b) on the department’s internet website.
(d) This section does not apply to a refillable plastic beverage container.
(e) For purposes of this section, “food grade” means recycled plastic that complies with Parts 174 to 179,
inclusive, of Title 21 of the Code of Federal Regulations.
