Bill Text: CA SB529 | 2013-2014 | Regular Session | Amended
Bill Title: Recycling: fast food facilities.
Sponsorship: Partisan Bill (Democrat 4)
Status: (Introduced - Dead) 2014-02-03 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB529 Detail]
Download: California-2013-SB529-Amended.html
BILL NUMBER: SB 529 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 8, 2013
INTRODUCED BY Senator Leno
(Coauthors: Assembly Members Bloom, Chesbro, and Williams)
FEBRUARY 21, 2013
An act to add Chapter 6.6 (commencing with Section 42391) to Part
3 of Division 30 of the Public Resources Code, relating to recycling.
LEGISLATIVE COUNSEL'S DIGEST
SB 529, as amended, Leno. Recycling: fast food facilities.
The California Integrated Waste Management Act of 1989,
administered by the Department of Resources Recycling and Recovery,
requires every rigid plastic packaging container, as defined, sold or
offered for sale in this state to generally meet one of specified
criteria.
This bill would enact the Plastic and Marine Pollution Reduction,
Recycling, and Composting Act and would define terms for the purposes
of that act.
The bill would define the term "fast food facility" with
reference to as a facility that is subject to
specified federal requirements for the posting of calories and
nutrients imposed upon restaurants and other retail food
establishments , and that meets other specified requirements
with regard to the dispensing and preparation of food . The
bill would prohibit a fast food facility, on and after July 1, 2014,
from distributing disposable food service packaging or a single-use
carryout bag to a consumer, unless the type of disposable
food service packaging or single-use carryout bag meets the criteria
for either compostable packaging or recyclable packaging specified in
the bill. The bill would also prohibit such a facility, on and after
July 1, 2016, from distributing disposable food service packaging or
a single-use carryout bag to a consumer, unless the fast
food facility demonstrates it is demonstrated to
the satisfaction of the department that the type of
disposable food service packaging or single-use carryout bag is
recovered for composting or recovered for recycling at a rate of 25
percent or more, at a rate of 50 percent on and after July 1, 2018,
and at a rate of 75 percent or more on or after July 1, 2020
2020. The bill would specify requirements for the
demonstration of that composting or recycling rate.
The bill would provide for the imposition of a civil penalty upon
a person in violation of the act and would require the department to
publish annually a list setting forth any penalties that have been
levied against a violator of this act.
This bill would require the department to deposit all penalties
paid pursuant to the act into the Marine Pollution Reduction Account,
which the bill would create in the Integrated Waste Management Fund
in the State Treasury. The bill would authorize the department to
expend the moneys deposited in the account, upon appropriation by the
Legislature, to provide public education and assist local
governmental agencies in efforts to reduce plastic waste and marine
pollution, and for the department's costs of implementing the act.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) Plastic and packaging waste represents a significant and
fast-growing component of the state's waste stream. California
disposes of more than three million tons of plastic packaging waste
annually. Plastic is the fastest growing component of generated
waste, increasing from less than 5 percent in 1980 to more than 11
percent in 2003.
(b) With the sole exception of plastic beverage containers covered
by the California Beverage Containers
Container Recycling and Litter Reduction Act, little of
generated plastic is currently recycled. Excluding beverage
containers, less than 5 percent of plastic packaging is currently
recycled.
(c) Disposable food service packaging is used "on the go" when
access to trash and recycling receptacles is most limited. Plastics
generally can become inadvertent litter even if initially properly
discarded, and are carried by wind from uncovered trash cans and
dumpsters, vehicles, and solid waste facilities, including landfills.
(d) Compounding the problem of plastic packaging waste is that
this material is nonbiodegradable.
(e) The United States Environmental Protection Agency estimates
that upwards of 80 percent of litter and marine pollution originates
from land-based human activities, including littering, stormwater
runoff, and ineffective waste disposal practices.
(f) Data collected during California's annual Coastal Cleanup Day
indicate that plastic and other disposable food service packaging
represent some of the most commonly littered items.
(g) Each year thousands of Californians volunteer countless hours
to clean up plastic and other disposable food service packaging
litter from public roadways, beaches, parks, and other areas of the
state.
(h) Under a consent decree entered into by the Region IX of the
United States Environmental Protection Agency and several
environmental groups on March 22, 1999, 1999
(Heal the Bay et al v. Browner (98-4825 SBA)), among other
things, a Total Maximum Daily Load total
maximum daily load (TMDL) for trash is required to be developed
for all impaired waters within the state within the next decade.
Adopted and proposed TMDLs have required that the amount of trash be
reduced to zero to protect beneficial uses. The State Water Resources
Control Board is also drafting a statewide policy on trash.
(i) The costs to state agencies and local governments to comply
with existing TMDL requirements, pending TMDL requirements, or the
TMDL requirements yet to be developed, will run into billions of
dollars.
(j) The benefits of reducing, recycling, and composting plastic
and other disposable food service packaging will have a direct
positive impact on the California economy.
(k) In 2012, the California Ocean Protection Council determined
that ocean-dependent industries add more than forty billion dollars
($40,000,000,000) to California's economy. A 2005 report by the
National Ocean Economics Program estimated more than 400,000 jobs are
based on coastal tourism and recreation, with combined wages of
nearly ten billion dollars ($10,000,000,000).
(l) Nondegradable plastics, including, but not limited to,
polystyrene and other disposable food service packaging, and the
resulting marine pollution pose a threat to water quality and marine
wildlife through ingestion and entanglement. A 2012 study by the
Convention on Biological Diversity estimated that 663 species were
affected by plastic marine pollution through entanglement or
ingestion, a 40 percent increase from 1998 estimates.
(m) It is the intent of the Legislature, in adopting this act, to
reduce a primary source of marine pollution by increasing the
diversion of plastic and other disposable food service packaging.
SEC. 2. Chapter 6.6 (commencing with Section 42391) is added to
Part 3 of Division 30 of the Public Resources Code, to read:
CHAPTER 6.6. PLASTIC AND MARINE POLLUTION REDUCTION,
RECYCLING, AND COMPOSTING ACT
Article 1. General Provisions
42391. This chapter shall be known, and may be cited, as the
"Plastic and Marine Pollution Reduction, Recycling, and Composting
Act."
42392. It is the intent of the Legislature, consistent with the
number one recommendation in the state-funded report "Eliminating
Land-based Discharges of Marine Debris in California," to designate
responsibility and authority for reduction of marine debris and its
sources to a state agency.
Article 2. Definitions
42393. For the purposes of this chapter, the following terms have
the following meanings:
(a) "Compostable packaging" means a material that meets
all both of the following criteria:
(1) The packaging distributed with food for in-store consumption
by the fast food facility is accepted back for composting by that
fast food facility.
(2)
(1) The packaging is accepted for composting in a
residential collection program available to at least 75
60 percent of the households in the jurisdiction
in which it is distributed, as determined by the department.
(3)
(2) The packaging is made of a material that meets the
American Society for Testing and Materials (ASTM) Standard
Specification for Compostable Plastics D6400, as published in
September 2004. For purposes of this paragraph, an ASTM standard
specification does not include an ASTM Standard Guide, a Standard
Practice, or a Standard Test Method.
(b) (1) "Disposable food service packaging" means single-use
disposable products used by a fast food facility for serving or
transporting prepared and ready-to-consume food or beverages.
(2) "Disposable food service packaging" includes, but is not
limited to, plates, cups, bowls, trays, and hinged or lidded
containers.
(c)
(3) "Disposable food service packaging" does not
include such single-use disposable items such as straws, cup lids, or
utensils, or single-use disposable packaging for unprepared foods.
(d) "Fast food facility"
(c) (1) Except as
provided in paragraph (2), "fast food facility" means a food
facility subject that meets all of the
following conditions:
(A) The food facility is subject
to Section 343(q)(5)(H) of Title 21 of the United States Code or
subject to Section 114094 of the Health and Safety Code, as it read
on January 1, 2013.
(B) The food facility dispenses food for consumption both on and
off the premises.
(C) The food facility has a limited menu.
(D) The food facility prepares items either in advance or for
quick heating.
(E) The food facility does not provide for the ordering of food at
the tables on the premises.
(F) The food facility serves the food primarily in disposable
wrappings or containers.
(2) "Fast food facility" does not include any of the following:
(A) An establishment that meets the definition of a supermarket,
as specified in Section 14526.5.
(B) A convenience food store, foodmart, or other entity that is
engaged in the retail sale of a limited line of goods, generally
including milk, bread, soda, and snack foods.
(C) An eating establishment where the food is served primarily
using reusable, nondisposable tableware.
(e)
(d) "Food facility" has the same meaning as defined in
Section 113789 of the Health and Safety Code.
(e) "PET packaging" means packaging labeled with a "1" pursuant to
Section 18015.
(f) (1) "Prepared food" means ready-to-consume food or beverage
prepared on the fast food facility's premises, using a cooking or
food preparation technique.
(2) "Prepared food" does not include raw uncooked meat, fish, or
eggs, unless the item is provided for consumption without further
food preparation.
(g) "Recyclable packaging" means a material that meets
all of the following criteria:
(1) The packaging distributed with food for in-store consumption
by the fast food facility is accepted back for recycling by that fast
food facility.
(2) The
packaging that is accepted for recycling in a residential
collection program available to at least 75
60 percent of the households in the jurisdiction in which it is
distributed, as determined by the department.
(h) "Single-use carryout bag" means a carryout bag provided by a
fast food facility to a customer to contain prepared food at the
point of sale.
Article 3. Packaging Waste Reduction and Recycling
Responsibilities
42394. (a) On and after July 1, 2014, a fast food facility shall
not distribute disposable food service packaging or a single-use
carryout bag to a consumer, unless the type of disposable
food service packaging or single-use carryout bag meets the criteria
for either compostable packaging or recyclable packaging.
(b) On and after July 1, 2016, a fast food facility shall not
distribute disposable food service packaging or a single-use carryout
bag to a consumer, unless the fast food facility
demonstrates it has been demonstrated
to the satisfaction of the department that the type of
disposable food service packaging or single-use carryout bag is
recovered for composting or recovered for recycling at a rate of 25
percent or more.
(c) On and after July 1, 2018, a fast food facility shall not
distribute disposable food service packaging or a single-use carryout
bag to a consumer, unless the fast food facility
demonstrates it has been demonstrated to the
satisfaction of the department that the type of disposable
food service packaging or single-use carryout bag is recovered for
composting or recovered for recycling at a rate of 50 percent or
more.
(d) On and after July 1, 2020, a fast food facility shall not
distribute disposable food service packaging or a single-use carryout
bag to a consumer, unless the fast food facility
demonstrates it has been demonstrated to the
satisfaction of the department that the type of disposable
food service packaging or single-use carryout bag is recovered for
composting or recovered for recycling at a rate of 75 percent or
more.
42395. (a) For the purposes of demonstrating that the composting
or recycling rate requirements specified in Section 42394 are met for
any type of packaging or type of carryout bag, the demonstration may
include data comparing the amount of that type of packaging or type
of carryout bag that is diverted for recycling or composting in this
state or in a city, county, or other local agency during a specified
period of time, with the amount of that type of packaging or type of
carryout bag that is distributed in this state or that city, county,
or other local agency during the same specified period of time.
(b) The demonstration made pursuant to Section 42394 shall comply
with the following requirements:
(1) All thermoformed PET packaging shall be considered as the same
type of packaging when demonstrating the recycling rate for
thermoformed PET packaging.
(2) All polycoated papers and paperboards shall be considered as
the same type of packaging when demonstrating the recycling rates for
polycoated papers and paperboards.
(3) All compostable plastic packaging shall be considered as the
same type of packaging when demonstrating the composting rates for
compostable plastic packaging.
Article 4. Penalties
42395.
42396. (a) A person who violates this chapter is
subject to a civil penalty of not more than one hundred dollars
($100) for each day the person is in violation of this chapter.
(b) The total annual penalties assessed upon a violator of this
chapter shall not exceed ten thousand dollars ($10,000).
(c) On or before July 1, 2015, and on or before July 1 annually
thereafter, the department shall publish a list setting forth any
penalties that have been levied against a violator of this chapter in
the preceding calendar year, for failure to comply with the
requirements of this chapter.
(d) The department shall deposit all penalties or fines paid
pursuant to this section into the Marine Pollution Reduction Account,
which is hereby created in the Integrated Waste Management Fund in
the State Treasury. The moneys deposited in the Marine Pollution
Reduction Account may be expended by the department, upon
appropriation by the Legislature, to provide public education and
assist local governmental agencies in efforts to reduce plastic waste
and marine debris, and for the department's costs of implementing
this chapter.
