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 for the disposal and diversion of material. For many cities, counties, and waste haulers in California, recycling has turned from a profitable business into an activity that actually costs local governments money. These costs are being absorbed by city general funds or by rate increases on residents for waste collection.
(e)
(g) The environmental
and public health impacts of plastic pollution are devastating and the environmental externalities and public costs of cleaning up and mitigating plastic pollution are already staggering and continue to grow.
(f)
(h) Local governments in California annually spend in excess of $420 four hundred twenty million dollars ($420,000,000)
in ongoing efforts to clean up and prevent plastic and other litter from entering our rivers and streams and polluting our beaches and oceans.
(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 product material. and product 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
product 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.