Bill Text: CA AB2460 | 2021-2022 | Regular Session | Introduced

California Assembly Bill 2460 (Prior Session Legislation)

Introduced

Bill Title: Fiberglass Recycled Content Act of 1991: enforcement.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-03-10 - Referred to Com. on NAT. RES. [AB2460 Detail]

Download: California-2021-AB2460-Introduced.html

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill

No. 2460

Introduced by Assembly Member Grayson

February 17, 2022

An act to amend Section 19530 of the Public Resources Code, relating to solid waste.

LEGISLATIVE COUNSEL'S DIGEST

AB 2460, as introduced, Grayson. Fiberglass Recycled Content Act of 1991: enforcement.

Existing law establishes the California Beverage Container Recycling and Litter Reduction Act, which is administered by the Department of Resources Recycling and Recovery, to promote beverage container recycling. The act requires each glass container manufacturer to use a minimum percentage of 35 percent of postfilled glass in the manufacturing of glass food, drink, or beverage containers.

Existing law, the Fiberglass Recycled Content Act of 1991, requires a fiberglass manufacturer to ensure that the annual tonnage of fiberglass manufactured or sold in the state by that manufacturer contains at least 30% cullet, except as specified. The act defines “cullet” as postconsumer glass from food, drink, or beverage containers, or any other glass not generated by fiberglass manufacturing. The act requires the Department of Resources Recycling and Recovery to refer to the Attorney General, for prosecution for fraud, a person providing a fiberglass manufacturer with false or misleading information concerning the recycled content of glass cullet, within 30 days of making that determination.

This bill would extend the time period for which the department would be required to refer an action for fraud to the Attorney General to within 45 days of the department’s determination. Because the bill would increase the number of actions referred for fraud prosecution, 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.

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

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

SECTION 1.

Section 19530 of the Public Resources Code is amended to read:

19530.

If ~~any~~ a person provides a fiberglass manufacturer with false or misleading information concerning the recycled content of glass cullet, the department, within 30 45 days of making this determination, shall refer the false or misleading certificate to the Attorney General for prosecution for fraud.

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.