California Assembly Bill AB1447 Latest Draft

 BILL NUMBER: AB 1447AMENDED BILL TEXT AMENDED IN ASSEMBLY MAY 5, 2015 AMENDED IN ASSEMBLY APRIL 9, 2015 AMENDED IN ASSEMBLY MARCH 26, 2015 INTRODUCED BY Assembly Member Alejo FEBRUARY 27, 2015 An act to  amend Section 14549 of, and to add Section 14548 to,   add Chapter 5.9 (commencing with Section 42360) to Part 3 of Division 30 of  the Public Resources Code, relating to solid waste. LEGISLATIVE COUNSEL'S DIGEST AB 1447, as amended, Alejo. Solid waste: food and beverage packaging.  (1) Existing law, the California Beverage Container Recycling and Litter Reduction Act, requires each glass container manufacturer in the state to use a minimum percentage of 35% of postfilled glass, except as specified, in the manufacturing of glass food, drink, or beverage containers. A violation of the act is a crime, except as specified.   The bill would clarify that for purposes of the minimum postfilled glass requirement, a glass container manufacturer in the state includes a glass container manufacturer who imports glass containers from outside of the state for filling.   (2)   (1)  Existing law requires all rigid plastic bottles and rigid plastic containers, including bottles and containers composed of polyethylene terephthalate (PET), sold in California to be labeled with a code which indicates the resin used to produce the rigid plastic bottle or rigid plastic container.  This bill would require under the California Beverage Container Recycling and Litter Reduction Act, on and after January 1, 2017, and annually thereafter, a manufacturer of PET plastic packaging primarily composed of polyethylene terephthalate and used to contain food or beverages to report to the department, in a manner determined by the department, certain information, including the total amount of tons of new PET plastic packaging made for sale by that manufacturer. The   This  bill would require,  on and after  commencing  July 1, 2016,  every manufacturer of  PET plastic packaging  for sale   manufactured  in the state to  include   be manufactured with, and empty PET plastic packaging imported into the state to be filled with food or drink in the state for sale in the state to contain,  a minimum of 10% of postfilled PET  plastic in its PET plastic packaging.   plastic,   as measured by weight. The bill would require, commencing January 1, 2017, and annually thereafter, every such manufacturer or importer of PET plastic packaging to demonstrate compliance with that requirement by certifying to the Department of Resources Recycling and Recovery   certain information. The bill would provide that a person who violates these provisions is guilty of an infraction and may be assessed civil penalties. By   (3)     By expanding the scope of the California Beverage Container Recycling and Litter Reduction Act, a violation of which is a   creating a new  crime, the bill would impose a state-mandated local program.  (4)   (2)  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. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Section 14548 is added to the Public Resources Code, to read: 14548. (a) For purposes of this section, "PET plastic packaging" means beverage containers or food or drink packaging material consisting primarily of polyethylene terephthalate (PET) and used to contain food or beverages. (b) On and after January 1, 2017, and annually thereafter, every manufacturer of PET plastic packaging for sale in the state shall report to the department, in a manner determined by the department, both of the following: (1) The total amount of tons of new PET plastic packaging made for sale by that manufacturer. (2) The total amount of postfilled PET plastic used in the manufacturing of that packaging. (c) On and after July 1, 2016, each manufacturer of PET plastic packaging for sale in the state shall include a minimum of 10 percent of postfilled PET plastic in the PET plastic packaging that it manufactures, measured in the aggregate, on an annual basis.   SEC. 2.   Section 14549 of the Public Resources Code is amended to read: 14549. (a) Every glass container manufacturer shall report to the department each month, by a method as determined by the department, the amount of total tons of new glass food, drink, and beverage containers made in California by that glass container manufacturer and the tons of California postfilled glass used in the manufacturing of those new containers. (b) Each glass container manufacturer in the state, including a glass container manufacturer who imports glass containers from outside of the state for filling, shall use a minimum percentage of 35 percent of postfilled glass in the manufacturing of its glass food, drink, or beverage containers measured in the aggregate, on an annual basis, except that if a glass container manufacturer demonstrates to the satisfaction of the department that its use of postfilled glass during the annual period is made up of at least 50 percent mixed-color cullet, then that manufacturer shall use a minimum percentage of 25 percent postfilled glass in the manufacturing of its glass food, drink, or beverage containers, measured in the aggregate, on an annual basis. (c) A glass container manufacturer may seek a reduction or waiver of the minimum postfilled glass percentage required to be used in the manufacture of glass food, drink, or beverage containers pursuant to subdivision (b). The department may grant a reduction or waiver of the percentage requirement if it finds and determines that it is technologically infeasible for the glass container manufacturer to achieve the percentage requirement or if the department determines that a glass container manufacturer cannot achieve the minimum percentage because of a lack of available glass cullet. (d) For the purposes of this section, "mixed-color cullet" means cullet that does not meet the American Society for Testing and Materials (ASTM) standard specifications for color mix of color sorted postfilled glass as raw material for the manufacture of glass containers.   SECTION 1.   Chapter 5.9 (commencing with Section 42360) is added to Part 3 of Division 30 of the   Public Resources Code   , to read:   CHAPTER 5.9. PET PLASTIC PACKAGING RECYCLED CONTENT PROGRAM 42360. For purposes of this chapter, the following terms have the following meanings: (a) "Filled with food or drink" means caused to contain food or drink that is poured, placed, packed, or otherwise intentionally introduced into the applicable packaging. (b) "PET plastic packaging" means beverage containers or food or drink packaging material consisting primarily of polyethylene terephthalate (PET) and used to contain food or beverages. 42361. (a) Commencing January 1, 2017, and annually thereafter, a manufacturer of PET plastic packaging that is manufactured in the state shall demonstrate compliance with the requirements of Section 42362 by certifying to the department, in a form and manner determined by the department, both of the following: (1) The total number of tons of new PET plastic packaging manufactured by that manufacturer in the previous year. (2) The total number of tons of postfilled PET plastic the manufacturer used in the manufacturing of new PET plastic packaging during the previous year. (b) Commencing January 1, 2017, and annually thereafter, an importer of empty PET plastic packaging that is filled with food or drink in the state to be sold in the state shall demonstrate compliance with the requirements of Section 42362 by certifying to the department, either directly or by an independent third-party certifier, in a form and manner determined by the department, both of the following: (1) The total number of tons of new PET plastic packaging used in the manufacturing of empty PET plastic packaging imported into the state by the importer during the previous year to be filled with food or drink in the state for sale in the state. (2) The total number of tons of postfilled PET plastic used in the manufacturing of empty PET plastic packaging imported into the state by the importer during the previous year to be filled with food or drink in the state for sale in the state. 42362. (a) Commencing July 1, 2016, PET plastic packaging manufactured in the state shall be manufactured with a minimum of 10 percent of postfilled PET plastic, as measured by weight and in the aggregate, on an annual basis. (b) Commencing July 1, 2016, empty PET plastic packaging imported into the state to be filled with food or drink in the state for sale in the state shall contain a minimum of 10 percent of postfilled PET plastic, as measured by weight and in the aggregate, on an annual basis. 42363. (a) A PET plastic packaging manufacturer or importer who is required to submit a certification pursuant to Section 42361 may be subject to an audit by the department to ensure that the certified percentage of postfilled PET plastic was used. (b) If a PET plastic packaging manufacturer or importer provides the department with a false or misleading report concerning the percentage of postfilled PET plastic used, the department, within 30 days of making this determination, shall refer the false or misleading report to the Attorney General for prosecution for fraud. (c) A person who violates this chapter is guilty of an infraction punishable by a fine of not more than one thousand dollars ($1,000). (d) In addition to being guilty of an infraction pursuant to subdivision (c), a person who violates this chapter may be assessed a civil penalty by the department of not more than one thousand dollars ($1,000) for each violation, pursuant to a notice and a hearing conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (e) A civil penalty or fine received pursuant to this section shall be deposited in the Integrated Waste Management Account, and the funds in that account may be expended by the department for the administration of this chapter.  SEC. 3.   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.