Amended IN Assembly March 21, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1055Introduced by Assembly Member Waldron(Coauthor: Assembly Member Frazier)February 16, 2017 An act to amend Section 42357.6 of the Public Resources Code, relating to environmental quality. solid waste.LEGISLATIVE COUNSEL'S DIGESTAB 1055, as amended, Waldron. California Environmental Quality Act: historic and archaeological evaluation. Solid waste: plastic products.Existing law requires all rigid plastic bottles and rigid plastic containers sold in the state to be labeled with a code that indicates the resin used to produce the rigid plastic bottle or rigid plastic container. 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. Existing law requires a manufacturer or supplier making an environmental marketing claim relating to the recycled content of a plastic food container product, as defined, to maintain certain information and documentation in support of that claim. Existing law requires a manufacturer or supplier to furnish this information to any member of the public upon request or to provide the information and documentation by furnishing a link to a document on its Internet Web site. Existing law repeals these requirements relating to information supporting claims of recycled content for plastic food container products on January 1, 2018. This bill would extend the operation of those requirements to January 1, 2028.The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA defines the environment to include objects of historic significance.CEQA also requires a lead agency to determine whether a project may have a significant effect on archaeological resources.This bill would state the intent of the Legislature to enact legislation to establish standards for persons performing historic and archaeological evaluation for the purposes of CEQA.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 42357.6 of the Public Resources Code is amended to read:42357.6. (a) For purposes of this section, plastic food container product means a product made of plastic that includes a tray, clamshell container, or other receptacle and that is used, or intended to be used, to hold food.(b) A manufacturer or supplier making an environmental marketing claim relating to the recycled content of a plastic food container product shall maintain information and documentation, which shall be in written form in its records, of both of the following in support of that claim:(1) The recycled content for materials has been recovered or otherwise diverted from the solid waste stream either during the manufacturing process (preconsumer) or after consumer use (postconsumer).(2) The recycled content claim conforms with the uniform standards for recycled content contained in the Federal Trade Commission Guides for the Use of Environmental Marketing Claims (16 C.F.R. Part 260).(c) A manufacturer or supplier shall furnish the information and documentation that it is required to maintain pursuant to this section to any member of the public upon request or provide the information and documentation by furnishing a link to a document on its Internet Web site containing the information and documentation.(d) This section does not limit the requirements of this chapter or any other provision of law.(e) This section shall remain in effect only until January 1, 2018, 2028, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, 2028, deletes or extends that date.SECTION 1.It is the intent of the Legislature to enact legislation to establish standards for persons performing historic and archaeological evaluation conducted for the purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). Amended IN Assembly March 21, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1055Introduced by Assembly Member Waldron(Coauthor: Assembly Member Frazier)February 16, 2017 An act to amend Section 42357.6 of the Public Resources Code, relating to environmental quality. solid waste.LEGISLATIVE COUNSEL'S DIGESTAB 1055, as amended, Waldron. California Environmental Quality Act: historic and archaeological evaluation. Solid waste: plastic products.Existing law requires all rigid plastic bottles and rigid plastic containers sold in the state to be labeled with a code that indicates the resin used to produce the rigid plastic bottle or rigid plastic container. 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. Existing law requires a manufacturer or supplier making an environmental marketing claim relating to the recycled content of a plastic food container product, as defined, to maintain certain information and documentation in support of that claim. Existing law requires a manufacturer or supplier to furnish this information to any member of the public upon request or to provide the information and documentation by furnishing a link to a document on its Internet Web site. Existing law repeals these requirements relating to information supporting claims of recycled content for plastic food container products on January 1, 2018. This bill would extend the operation of those requirements to January 1, 2028.The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA defines the environment to include objects of historic significance.CEQA also requires a lead agency to determine whether a project may have a significant effect on archaeological resources.This bill would state the intent of the Legislature to enact legislation to establish standards for persons performing historic and archaeological evaluation for the purposes of CEQA.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO Amended IN Assembly March 21, 2017 Amended IN Assembly March 21, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1055 Introduced by Assembly Member Waldron(Coauthor: Assembly Member Frazier)February 16, 2017 Introduced by Assembly Member Waldron(Coauthor: Assembly Member Frazier) February 16, 2017 An act to amend Section 42357.6 of the Public Resources Code, relating to environmental quality. solid waste. LEGISLATIVE COUNSEL'S DIGEST ## LEGISLATIVE COUNSEL'S DIGEST AB 1055, as amended, Waldron. California Environmental Quality Act: historic and archaeological evaluation. Solid waste: plastic products. Existing law requires all rigid plastic bottles and rigid plastic containers sold in the state to be labeled with a code that indicates the resin used to produce the rigid plastic bottle or rigid plastic container. 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. Existing law requires a manufacturer or supplier making an environmental marketing claim relating to the recycled content of a plastic food container product, as defined, to maintain certain information and documentation in support of that claim. Existing law requires a manufacturer or supplier to furnish this information to any member of the public upon request or to provide the information and documentation by furnishing a link to a document on its Internet Web site. Existing law repeals these requirements relating to information supporting claims of recycled content for plastic food container products on January 1, 2018. This bill would extend the operation of those requirements to January 1, 2028.The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA defines the environment to include objects of historic significance.CEQA also requires a lead agency to determine whether a project may have a significant effect on archaeological resources.This bill would state the intent of the Legislature to enact legislation to establish standards for persons performing historic and archaeological evaluation for the purposes of CEQA. Existing law requires all rigid plastic bottles and rigid plastic containers sold in the state to be labeled with a code that indicates the resin used to produce the rigid plastic bottle or rigid plastic container. 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. Existing law requires a manufacturer or supplier making an environmental marketing claim relating to the recycled content of a plastic food container product, as defined, to maintain certain information and documentation in support of that claim. Existing law requires a manufacturer or supplier to furnish this information to any member of the public upon request or to provide the information and documentation by furnishing a link to a document on its Internet Web site. Existing law repeals these requirements relating to information supporting claims of recycled content for plastic food container products on January 1, 2018. This bill would extend the operation of those requirements to January 1, 2028. The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA defines the environment to include objects of historic significance. CEQA also requires a lead agency to determine whether a project may have a significant effect on archaeological resources. This bill would state the intent of the Legislature to enact legislation to establish standards for persons performing historic and archaeological evaluation for the purposes of CEQA. ## Digest Key ## Bill Text The people of the State of California do enact as follows:SECTION 1. Section 42357.6 of the Public Resources Code is amended to read:42357.6. (a) For purposes of this section, plastic food container product means a product made of plastic that includes a tray, clamshell container, or other receptacle and that is used, or intended to be used, to hold food.(b) A manufacturer or supplier making an environmental marketing claim relating to the recycled content of a plastic food container product shall maintain information and documentation, which shall be in written form in its records, of both of the following in support of that claim:(1) The recycled content for materials has been recovered or otherwise diverted from the solid waste stream either during the manufacturing process (preconsumer) or after consumer use (postconsumer).(2) The recycled content claim conforms with the uniform standards for recycled content contained in the Federal Trade Commission Guides for the Use of Environmental Marketing Claims (16 C.F.R. Part 260).(c) A manufacturer or supplier shall furnish the information and documentation that it is required to maintain pursuant to this section to any member of the public upon request or provide the information and documentation by furnishing a link to a document on its Internet Web site containing the information and documentation.(d) This section does not limit the requirements of this chapter or any other provision of law.(e) This section shall remain in effect only until January 1, 2018, 2028, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, 2028, deletes or extends that date.SECTION 1.It is the intent of the Legislature to enact legislation to establish standards for persons performing historic and archaeological evaluation conducted for the purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). The people of the State of California do enact as follows: ## The people of the State of California do enact as follows: SECTION 1. Section 42357.6 of the Public Resources Code is amended to read:42357.6. (a) For purposes of this section, plastic food container product means a product made of plastic that includes a tray, clamshell container, or other receptacle and that is used, or intended to be used, to hold food.(b) A manufacturer or supplier making an environmental marketing claim relating to the recycled content of a plastic food container product shall maintain information and documentation, which shall be in written form in its records, of both of the following in support of that claim:(1) The recycled content for materials has been recovered or otherwise diverted from the solid waste stream either during the manufacturing process (preconsumer) or after consumer use (postconsumer).(2) The recycled content claim conforms with the uniform standards for recycled content contained in the Federal Trade Commission Guides for the Use of Environmental Marketing Claims (16 C.F.R. Part 260).(c) A manufacturer or supplier shall furnish the information and documentation that it is required to maintain pursuant to this section to any member of the public upon request or provide the information and documentation by furnishing a link to a document on its Internet Web site containing the information and documentation.(d) This section does not limit the requirements of this chapter or any other provision of law.(e) This section shall remain in effect only until January 1, 2018, 2028, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, 2028, deletes or extends that date. SECTION 1. Section 42357.6 of the Public Resources Code is amended to read: ### SECTION 1. 42357.6. (a) For purposes of this section, plastic food container product means a product made of plastic that includes a tray, clamshell container, or other receptacle and that is used, or intended to be used, to hold food.(b) A manufacturer or supplier making an environmental marketing claim relating to the recycled content of a plastic food container product shall maintain information and documentation, which shall be in written form in its records, of both of the following in support of that claim:(1) The recycled content for materials has been recovered or otherwise diverted from the solid waste stream either during the manufacturing process (preconsumer) or after consumer use (postconsumer).(2) The recycled content claim conforms with the uniform standards for recycled content contained in the Federal Trade Commission Guides for the Use of Environmental Marketing Claims (16 C.F.R. Part 260).(c) A manufacturer or supplier shall furnish the information and documentation that it is required to maintain pursuant to this section to any member of the public upon request or provide the information and documentation by furnishing a link to a document on its Internet Web site containing the information and documentation.(d) This section does not limit the requirements of this chapter or any other provision of law.(e) This section shall remain in effect only until January 1, 2018, 2028, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, 2028, deletes or extends that date. 42357.6. (a) For purposes of this section, plastic food container product means a product made of plastic that includes a tray, clamshell container, or other receptacle and that is used, or intended to be used, to hold food.(b) A manufacturer or supplier making an environmental marketing claim relating to the recycled content of a plastic food container product shall maintain information and documentation, which shall be in written form in its records, of both of the following in support of that claim:(1) The recycled content for materials has been recovered or otherwise diverted from the solid waste stream either during the manufacturing process (preconsumer) or after consumer use (postconsumer).(2) The recycled content claim conforms with the uniform standards for recycled content contained in the Federal Trade Commission Guides for the Use of Environmental Marketing Claims (16 C.F.R. Part 260).(c) A manufacturer or supplier shall furnish the information and documentation that it is required to maintain pursuant to this section to any member of the public upon request or provide the information and documentation by furnishing a link to a document on its Internet Web site containing the information and documentation.(d) This section does not limit the requirements of this chapter or any other provision of law.(e) This section shall remain in effect only until January 1, 2018, 2028, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, 2028, deletes or extends that date. 42357.6. (a) For purposes of this section, plastic food container product means a product made of plastic that includes a tray, clamshell container, or other receptacle and that is used, or intended to be used, to hold food.(b) A manufacturer or supplier making an environmental marketing claim relating to the recycled content of a plastic food container product shall maintain information and documentation, which shall be in written form in its records, of both of the following in support of that claim:(1) The recycled content for materials has been recovered or otherwise diverted from the solid waste stream either during the manufacturing process (preconsumer) or after consumer use (postconsumer).(2) The recycled content claim conforms with the uniform standards for recycled content contained in the Federal Trade Commission Guides for the Use of Environmental Marketing Claims (16 C.F.R. Part 260).(c) A manufacturer or supplier shall furnish the information and documentation that it is required to maintain pursuant to this section to any member of the public upon request or provide the information and documentation by furnishing a link to a document on its Internet Web site containing the information and documentation.(d) This section does not limit the requirements of this chapter or any other provision of law.(e) This section shall remain in effect only until January 1, 2018, 2028, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, 2028, deletes or extends that date. 42357.6. (a) For purposes of this section, plastic food container product means a product made of plastic that includes a tray, clamshell container, or other receptacle and that is used, or intended to be used, to hold food. (b) A manufacturer or supplier making an environmental marketing claim relating to the recycled content of a plastic food container product shall maintain information and documentation, which shall be in written form in its records, of both of the following in support of that claim: (1) The recycled content for materials has been recovered or otherwise diverted from the solid waste stream either during the manufacturing process (preconsumer) or after consumer use (postconsumer). (2) The recycled content claim conforms with the uniform standards for recycled content contained in the Federal Trade Commission Guides for the Use of Environmental Marketing Claims (16 C.F.R. Part 260). (c) A manufacturer or supplier shall furnish the information and documentation that it is required to maintain pursuant to this section to any member of the public upon request or provide the information and documentation by furnishing a link to a document on its Internet Web site containing the information and documentation. (d) This section does not limit the requirements of this chapter or any other provision of law. (e) This section shall remain in effect only until January 1, 2018, 2028, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, 2028, deletes or extends that date. It is the intent of the Legislature to enact legislation to establish standards for persons performing historic and archaeological evaluation conducted for the purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).