Bill Text: CA SB732 | 2015-2016 | Regular Session | Amended

---

Bill Title: Beverage container recycling.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2016-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB732 Detail]

Download: California-2015-SB732-Amended.html

---

BILL NUMBER: SB 732	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 6, 2015

INTRODUCED BY   Senator Pan

                        FEBRUARY 27, 2015

   An act to  add Section 14549.3 to, and to  repeal and add
Section 14575.1 of the Public Resources Code, relating to beverage
containers.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 732, as amended, Pan. Beverage container  recycling:
processing fees: PET beverage containers.   recycling.

   Existing law, the California Beverage Container Recycling and
Litter Reduction Act, requires that every beverage container sold or
offered for sale in this state have a minimum refund value. 
Existing law imposes specified reporting requirements on certain
parties, including manufacturers and processors in connection with
the act.   Existing  
   This bill would, on and after January 1, 2017, require every
manufacturer of a beverage sold in a plastic beverage container to
demonstrate to the Department of Resources Recycling and Recovery
that each type of plastic beverage container sold in this state
contains, on average, not less than 10 percent postfilled material.

    Existing  law requires the department to calculate a
processing fee and a processing payment for any type of empty
beverage container with a refund value less than the cost of
recycling in accordance with a specified formula. The department is
prohibited from imposing a processing fee on  certain plastic
beverage containers labeled with a "1" called  PET beverage
containers  ,  if a willing purchaser offers to purchase
empty PET containers at a voluntary artificial scrap value that is
equal to the processing fee, as specified.
   This bill would delete the provisions prohibiting the department
from imposing a processing fee on PET beverage containers for which
there is such a willing purchaser.
   Existing law requires the department to reduce the processing fee
paid by beverage manufacturers based on the recycling rate of the
container, subject to specified requirements and the availability of
funds.
    This bill would prohibit the department from reducing the
processing fee requirements for any beverage manufacturer for any
beverage container sold in the state unless the beverage manufacturer
demonstrates to the department that the beverage container is
manufactured at a facility that meets or exceeds a certain percentage
of recycled content, regardless of whether the container is
manufactured in the state.
   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.    Section 14549.3 is added to the 
 Public Resources Code   , to read:  
   14549.3.  On and after January 1, 2017, every manufacturer of a
beverage sold in a plastic beverage container shall demonstrate to
the department that each type of plastic beverage container sold in
this state contains, on average, not less than 10 percent postfilled
material. 
   SECTION 1.   SEC. 2.   Section 14575.1
of the Public Resources Code is repealed.
   SEC. 2.   SEC. 3.   Section 14575.1 is
added to the Public Resources Code, to read:
   14575.1.  Notwithstanding subdivision (e) of Section 14575, the
department shall not reduce the processing fee requirements for any
beverage manufacturer for any beverage container sold in this state
unless the beverage manufacturer demonstrates to the department that
the beverage container is manufactured at a facility that meets or
exceeds the percentage of recycled content specified pursuant to
Section 14549, regardless of whether the container is manufactured in
this state.