Amended IN Senate June 03, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1570Introduced by Committee on Natural Resources (Assembly Members Luz Rivas (Chair), Flora (Vice Chair), Chau, Friedman, Cristina Garcia, Mathis, McCarty, Muratsuchi, Seyarto, Stone, and Wood)March 04, 2021 An act to amend Sections 4740, 4741, 31108, and 42282 42282, and 42370.2 of the Public Resources Code, relating to public resources. LEGISLATIVE COUNSEL'S DIGESTAB 1570, as amended, Committee on Natural Resources. Public resources: omnibus bill.(1) Existing law requires the Department of Forestry and Fire Protection to assist local governments in preventing future wildland fire and vegetation management problems by making its wildland fire prevention and vegetation management expertise available to local governments to the extent possible within the departments budgetary limitations.This bill instead would require the department to assist local governments in preventing future high-intensity wildland fires and instituting appropriate fuels management by making its wildland fire prevention and vegetation management expertise available to local governments to the extent possible within the departments budgetary limitations. The bill would explicitly define, for these purposes, local governments to include cities, counties, and special districts. The bill would also make changes to related findings and declarations by the Legislature.(2) Existing law establishes the State Coastal Conservancy with prescribed powers and responsibilities for implementing a program of agricultural land preservation, area restoration, and resource enhancement within the coastal zone, as defined. Existing law requires the conservancy to develop and implement a Lower Cost Coastal Accommodations Program to facilitate improvement of existing, and the development of new, lower cost accommodations within 11/2 miles of the coast.Existing law requires, commencing on January 2, 1980, and every 3rd year thereafter, the conservancy to prepare and submit to the Governor and to the Legislature a report describing progress in achieving the objectives of the conservancy. Existing law specifies certain items to be included in the report.This bill would, among other things, additionally require the report to include a discussion of the conservancys progress in implementing the Lower Cost Coastal Accommodations Program.(3) Existing law authorizes a store to sell or distribute a reusable grocery bag to a customer at the point of sale only if the reusable bag is made by a certified producer, as provided. Existing law requires the Department of Resources Recycling and Recovery to accept from a reusable grocery bag producer proof of certification conducted by a third-party certification entity, for each type of reusable grocery bag that is manufactured, imported, sold, or distributed in the state and provided to a store for sale or distribution, at the point of sale, as provided. Existing law specifies that a third-party certification entity is an independent, accredited (ISO/IEC 17025) laboratory. This bill would also specify that a third-party certification entity is a (ISO/IEC 17065) certification body. The bill would also correct an erroneous cross-reference.(4) The Sustainable Packaging for the State of California Act of 2018 requires the Department of Resources Recycling and Recovery to adopt regulations to establish a process, and develop criteria, for determining the types of food service packaging that are reusable, recyclable, or compostable. The act requires the Director of Resources Recycling and Recovery to consider specified criteria for purposes of determining if a type of food service packaging is reusable.This bill would deem food service packaging that is made of ceramic, porcelain, glass, or nonfoil metal, and is cleaned and reused by the food service facility, to be reusable for purposes of the act.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 4740 of the Public Resources Code is amended to read:4740. The Legislature hereby finds and declares all of the following:(a) The department has extensive technical expertise in wildland fire prevention and vegetation management on forest, range, and watershed lands. When appropriately applied, this expertise can have significant public resource benefits, including decreasing high-intensity wildland fires, improving watershed management, range improvement, improving vegetation management, forest improvement, wildlife habitat improvement, restoring ecological integrity and resilience, improving community wildfire protection, improving carbon resilience, providing enhancement of culturally important resources, and maintenance of air quality.(b) Because of the scope of the problem of high-intensity wildland fires and expertise of the department, local governments, including cities, counties, and special districts, need assistance in preventing future problems resulting from inadequate fire prevention planning and vegetation management.(c) California will benefit if existing state expertise is made available to local governments, including cities, counties, and special districts, thereby integrating those efforts.SEC. 2. Section 4741 of the Public Resources Code is amended to read:4741. (a) In accordance with policies established by the board, the department shall assist local governments in preventing future high-intensity wildland fires and instituting appropriate fuels management by making its wildland fire prevention and vegetation management expertise available to local governments to the extent possible within the departments budgetary limitations.(b) Any department recommendations made pursuant to subdivision (a) shall be advisory in nature and local governments shall not be required to follow those recommendations. (c) This section does not alter the existing obligations of a local government or affect the existing liability of any local government.(d) For purposes of this section, local governments include cities, counties, and special districts. SEC. 3. Section 31108 of the Public Resources Code is amended to read:31108. On January 2, three years after the most recent report was submitted, the conservancy shall prepare and submit to the Governor and to the Legislature a report describing progress in achieving the objectives of this division and shall prepare and submit an additional report every three years thereafter. The report shall include the following:(a) An evaluation of the effectiveness of the conservancys programs in preserving agricultural lands, restoring coastal habitat, providing public access to the coastline, and in undertaking other functions prescribed in this division.(b) Identification of additional funding, legislation, or other resources required to more effectively carry out the objectives of this division.(c) A discussion of its progress in addressing the goals, priority areas, and concerns referenced in subdivision (a) of Section 31163, including, but not limited to, any funds that are received or disbursed for purposes related to addressing those goals, priority areas, and concerns.(d) A discussion of its progress in implementing the Lower Coastal Accommodations Program established pursuant to Section 31412.SEC. 4. Section 42282 of the Public Resources Code is amended to read:42282. (a) Commencing on or before July 1, 2015, the department shall accept from a reusable grocery bag producer proof of certification conducted by a third-party certification entity, submitted under penalty of perjury, for each type of reusable grocery bag that is manufactured, imported, sold, or distributed in the state and provided to a store for sale or distribution, at the point of sale, that meets all the applicable requirements of this article. The proof of certification shall be accompanied by a certification fee, established pursuant to Section 42282.1.(b) A reusable grocery bag producer shall resubmit to the department proof of certification as described in subdivision (a) on a biennial basis. A reusable grocery bag producer shall provide the department with an updated proof of certification conducted by a third-party certification entity if any modification that is not solely aesthetic is made to a previously certified reusable bag. Failure to comply with this subdivision shall result in removal of the relevant information posted on the departments internet website pursuant to paragraphs (1) and (2) of subdivision (e) for each reusable bag that lacks an updated proof of certification conducted by a third-party certification entity.(c) A third-party certification entity shall be an independent, accredited (ISO/IEC 17025) laboratory or a (ISO/IEC 17065) certification body. A third-party certification entity shall certify that the producers reusable grocery bags meet the requirements of Section 44281. 42281.(d) The department shall provide a system to receive proofs of certification online.(e) On and after July 1, 2015, the department shall publish a list on its internet website that includes all of the following:(1) The name, location, and appropriate contact information of certified reusable grocery bag producers.(2) The reusable grocery bags of producers that have provided the required certification.(f) A reusable grocery bag producer shall submit applicable certified test results to the department confirming that the reusable grocery bag meets the requirements of this article for each type of reusable grocery bag that is manufactured, imported, sold, or distributed in the state and provided to a store for sale or distribution.(1) A person may object to the certification of a reusable grocery bag producer pursuant to this section by filing an action for review of that certification in the superior court of a county that has jurisdiction over the reusable grocery bag producer. The court shall determine if the reusable grocery bag producer is in compliance with the requirements of this article.(2) A reusable grocery bag producer whose certification is being objected to pursuant to paragraph (1) shall be deemed in compliance with this article pending a determination by the court.(3) Based on its determination, the court shall direct the department to remove the reusable grocery bag producer from, or retain the reusable grocery bag producer on, its list published pursuant to subdivision (e).(4) If the court directs the department to remove a reusable grocery bag producer from its published list, the reusable grocery bag producer shall remain off of the published list for a period of one year from the date of the courts determination.SEC. 5. Section 42370.2 of the Public Resources Code is amended to read:42370.2. (a) (1) On or before January 1, 2021, the department shall adopt regulations to establish a process, and develop criteria, for determining the types of food service packaging that are reusable, recyclable, or compostable.(2) The department shall adopt the regulations in consultation with the Department of General Services, the Department of Rehabilitation, the Department of Parks and Recreation, the Ocean Protection Council, the Department of Toxic Substances Control, and any other appropriate state and local agencies.(3) As part of the regulatory process, the department shall seek input and feedback from stakeholders, including, but not limited to, food service packaging manufacturers, environmental and public health organizations, and food service facilities.(b) (1) The regulations adopted pursuant to subdivision (a) shall be used for determining the types of food service packaging that may be included on the list developed pursuant to Section 42370.3.(2) The regulations shall also specify how the list shall be maintained and updated, in accordance with subdivision (b) of Section 42370.3.(3) If determined practicable by the department, the department may establish a process to authorize regional use of food service packaging that is consistent with the requirements and considerations of this section.(c) (1) For purposes of determining if a type of food service packaging is reusable pursuant to subdivision (a), the director shall consider, at a minimum, all both of the following criteria:(1)(A) Whether the packaging is conventionally disposed of after a single use.(2)(B) Whether the packaging is sufficiently durable and washable to allow for multiple uses.(2) Food service packaging that is made of ceramic, porcelain, glass, or nonfoil metal, and is cleaned and reused by the food service facility, shall be deemed reusable for purposes of this chapter.(d) For purposes of determining if a type of food service packaging is recyclable pursuant to subdivision (a), the director shall consider, at a minimum, all of the following criteria:(1) Whether the type of food service packaging 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 type of food service packaging is regularly collected, separated, and cleansed for recycling by recycling service providers.(3) Whether the type of food service packaging is regularly sorted and aggregated into defined streams for recycling processes.(4) Whether the type of food service packaging is regularly processed and reclaimed or recycled with commercial recycling processes.(5) Whether the food service packaging material regularly becomes feedstock that is used in the production of new products.(6) Whether the food service packaging material is recycled in sufficient quantity, and is of sufficient quality, to maintain a market value.(e) For purposes of determining if a type of food service packaging is compostable pursuant to subdivision (a), the director shall consider, at a minimum, all of the following criteria:(1) Whether the food service packaging 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 aerobic compost facility designed for and capable of processing postconsumer food waste and food-soiled paper.(2) Whether food service packaging 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 food service packaging is regularly collected and accepted for processing at public and private compost facilities.(4) Whether the type of food service packaging 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.(f) (1) In developing regulations pursuant to subdivision (a), the department may consult with local governments and representatives of the solid waste industry, the recycling industry, the compost industry, and food service packaging manufacturers to determine if a type of food service packaging 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.(g) In developing regulations pursuant to subdivision (a), the department may take into account potential impacts on litter, public health, and wildlife. In evaluating these impacts, the department may consider any of the following:(1) Information on the volume of food service packaging litter obtained from state entities or organizations that regularly conduct litter cleanup activities.(2) Litter reduction policies that would assist in compliance with the State Water Resources Control Boards Statewide Trash Policy and the Ocean Protection Councils Ocean Litter Prevention Strategy.(3) Whether the Department of Toxic Substances Control has identified as a priority product a chemical used in the manufacture of a type of food service packaging pursuant to Chapter 55 (commencing with Section 69501) of Division 4.5 of Title 22 of the California Code of Regulations.(4) Existing scientific information available from the United States Food and Drug Administration and the Office of Environmental Health Hazard Assessment pertaining to the specific chemical used in the manufacture of a type of food service packaging.(5) Information on the impacts that improperly disposed of food service packaging may have on wildlife, as well as policy recommendations, including waste collection infrastructure improvements, that could be implemented at state facilities to reduce the impact on wildlife.(h) The department may convene a stakeholder group to assist the department in implementing this section that consists of, but is not limited to, litter prevention organizations, environmental organizations, and trade associations representing food service packaging manufacturers or suppliers.
Amended IN Senate June 03, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1570Introduced by Committee on Natural Resources (Assembly Members Luz Rivas (Chair), Flora (Vice Chair), Chau, Friedman, Cristina Garcia, Mathis, McCarty, Muratsuchi, Seyarto, Stone, and Wood)March 04, 2021 An act to amend Sections 4740, 4741, 31108, and 42282 42282, and 42370.2 of the Public Resources Code, relating to public resources. LEGISLATIVE COUNSEL'S DIGESTAB 1570, as amended, Committee on Natural Resources. Public resources: omnibus bill.(1) Existing law requires the Department of Forestry and Fire Protection to assist local governments in preventing future wildland fire and vegetation management problems by making its wildland fire prevention and vegetation management expertise available to local governments to the extent possible within the departments budgetary limitations.This bill instead would require the department to assist local governments in preventing future high-intensity wildland fires and instituting appropriate fuels management by making its wildland fire prevention and vegetation management expertise available to local governments to the extent possible within the departments budgetary limitations. The bill would explicitly define, for these purposes, local governments to include cities, counties, and special districts. The bill would also make changes to related findings and declarations by the Legislature.(2) Existing law establishes the State Coastal Conservancy with prescribed powers and responsibilities for implementing a program of agricultural land preservation, area restoration, and resource enhancement within the coastal zone, as defined. Existing law requires the conservancy to develop and implement a Lower Cost Coastal Accommodations Program to facilitate improvement of existing, and the development of new, lower cost accommodations within 11/2 miles of the coast.Existing law requires, commencing on January 2, 1980, and every 3rd year thereafter, the conservancy to prepare and submit to the Governor and to the Legislature a report describing progress in achieving the objectives of the conservancy. Existing law specifies certain items to be included in the report.This bill would, among other things, additionally require the report to include a discussion of the conservancys progress in implementing the Lower Cost Coastal Accommodations Program.(3) Existing law authorizes a store to sell or distribute a reusable grocery bag to a customer at the point of sale only if the reusable bag is made by a certified producer, as provided. Existing law requires the Department of Resources Recycling and Recovery to accept from a reusable grocery bag producer proof of certification conducted by a third-party certification entity, for each type of reusable grocery bag that is manufactured, imported, sold, or distributed in the state and provided to a store for sale or distribution, at the point of sale, as provided. Existing law specifies that a third-party certification entity is an independent, accredited (ISO/IEC 17025) laboratory. This bill would also specify that a third-party certification entity is a (ISO/IEC 17065) certification body. The bill would also correct an erroneous cross-reference.(4) The Sustainable Packaging for the State of California Act of 2018 requires the Department of Resources Recycling and Recovery to adopt regulations to establish a process, and develop criteria, for determining the types of food service packaging that are reusable, recyclable, or compostable. The act requires the Director of Resources Recycling and Recovery to consider specified criteria for purposes of determining if a type of food service packaging is reusable.This bill would deem food service packaging that is made of ceramic, porcelain, glass, or nonfoil metal, and is cleaned and reused by the food service facility, to be reusable for purposes of the act.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Amended IN Senate June 03, 2021
Amended IN Senate June 03, 2021
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
Assembly Bill
No. 1570
Introduced by Committee on Natural Resources (Assembly Members Luz Rivas (Chair), Flora (Vice Chair), Chau, Friedman, Cristina Garcia, Mathis, McCarty, Muratsuchi, Seyarto, Stone, and Wood)March 04, 2021
Introduced by Committee on Natural Resources (Assembly Members Luz Rivas (Chair), Flora (Vice Chair), Chau, Friedman, Cristina Garcia, Mathis, McCarty, Muratsuchi, Seyarto, Stone, and Wood)
March 04, 2021
An act to amend Sections 4740, 4741, 31108, and 42282 42282, and 42370.2 of the Public Resources Code, relating to public resources.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1570, as amended, Committee on Natural Resources. Public resources: omnibus bill.
(1) Existing law requires the Department of Forestry and Fire Protection to assist local governments in preventing future wildland fire and vegetation management problems by making its wildland fire prevention and vegetation management expertise available to local governments to the extent possible within the departments budgetary limitations.This bill instead would require the department to assist local governments in preventing future high-intensity wildland fires and instituting appropriate fuels management by making its wildland fire prevention and vegetation management expertise available to local governments to the extent possible within the departments budgetary limitations. The bill would explicitly define, for these purposes, local governments to include cities, counties, and special districts. The bill would also make changes to related findings and declarations by the Legislature.(2) Existing law establishes the State Coastal Conservancy with prescribed powers and responsibilities for implementing a program of agricultural land preservation, area restoration, and resource enhancement within the coastal zone, as defined. Existing law requires the conservancy to develop and implement a Lower Cost Coastal Accommodations Program to facilitate improvement of existing, and the development of new, lower cost accommodations within 11/2 miles of the coast.Existing law requires, commencing on January 2, 1980, and every 3rd year thereafter, the conservancy to prepare and submit to the Governor and to the Legislature a report describing progress in achieving the objectives of the conservancy. Existing law specifies certain items to be included in the report.This bill would, among other things, additionally require the report to include a discussion of the conservancys progress in implementing the Lower Cost Coastal Accommodations Program.(3) Existing law authorizes a store to sell or distribute a reusable grocery bag to a customer at the point of sale only if the reusable bag is made by a certified producer, as provided. Existing law requires the Department of Resources Recycling and Recovery to accept from a reusable grocery bag producer proof of certification conducted by a third-party certification entity, for each type of reusable grocery bag that is manufactured, imported, sold, or distributed in the state and provided to a store for sale or distribution, at the point of sale, as provided. Existing law specifies that a third-party certification entity is an independent, accredited (ISO/IEC 17025) laboratory. This bill would also specify that a third-party certification entity is a (ISO/IEC 17065) certification body. The bill would also correct an erroneous cross-reference.(4) The Sustainable Packaging for the State of California Act of 2018 requires the Department of Resources Recycling and Recovery to adopt regulations to establish a process, and develop criteria, for determining the types of food service packaging that are reusable, recyclable, or compostable. The act requires the Director of Resources Recycling and Recovery to consider specified criteria for purposes of determining if a type of food service packaging is reusable.This bill would deem food service packaging that is made of ceramic, porcelain, glass, or nonfoil metal, and is cleaned and reused by the food service facility, to be reusable for purposes of the act.
(1) Existing law requires the Department of Forestry and Fire Protection to assist local governments in preventing future wildland fire and vegetation management problems by making its wildland fire prevention and vegetation management expertise available to local governments to the extent possible within the departments budgetary limitations.
This bill instead would require the department to assist local governments in preventing future high-intensity wildland fires and instituting appropriate fuels management by making its wildland fire prevention and vegetation management expertise available to local governments to the extent possible within the departments budgetary limitations. The bill would explicitly define, for these purposes, local governments to include cities, counties, and special districts. The bill would also make changes to related findings and declarations by the Legislature.
(2) Existing law establishes the State Coastal Conservancy with prescribed powers and responsibilities for implementing a program of agricultural land preservation, area restoration, and resource enhancement within the coastal zone, as defined. Existing law requires the conservancy to develop and implement a Lower Cost Coastal Accommodations Program to facilitate improvement of existing, and the development of new, lower cost accommodations within 11/2 miles of the coast.
Existing law requires, commencing on January 2, 1980, and every 3rd year thereafter, the conservancy to prepare and submit to the Governor and to the Legislature a report describing progress in achieving the objectives of the conservancy. Existing law specifies certain items to be included in the report.
This bill would, among other things, additionally require the report to include a discussion of the conservancys progress in implementing the Lower Cost Coastal Accommodations Program.
(3) Existing law authorizes a store to sell or distribute a reusable grocery bag to a customer at the point of sale only if the reusable bag is made by a certified producer, as provided. Existing law requires the Department of Resources Recycling and Recovery to accept from a reusable grocery bag producer proof of certification conducted by a third-party certification entity, for each type of reusable grocery bag that is manufactured, imported, sold, or distributed in the state and provided to a store for sale or distribution, at the point of sale, as provided. Existing law specifies that a third-party certification entity is an independent, accredited (ISO/IEC 17025) laboratory.
This bill would also specify that a third-party certification entity is a (ISO/IEC 17065) certification body. The bill would also correct an erroneous cross-reference.
(4) The Sustainable Packaging for the State of California Act of 2018 requires the Department of Resources Recycling and Recovery to adopt regulations to establish a process, and develop criteria, for determining the types of food service packaging that are reusable, recyclable, or compostable. The act requires the Director of Resources Recycling and Recovery to consider specified criteria for purposes of determining if a type of food service packaging is reusable.
This bill would deem food service packaging that is made of ceramic, porcelain, glass, or nonfoil metal, and is cleaned and reused by the food service facility, to be reusable for purposes of the act.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 4740 of the Public Resources Code is amended to read:4740. The Legislature hereby finds and declares all of the following:(a) The department has extensive technical expertise in wildland fire prevention and vegetation management on forest, range, and watershed lands. When appropriately applied, this expertise can have significant public resource benefits, including decreasing high-intensity wildland fires, improving watershed management, range improvement, improving vegetation management, forest improvement, wildlife habitat improvement, restoring ecological integrity and resilience, improving community wildfire protection, improving carbon resilience, providing enhancement of culturally important resources, and maintenance of air quality.(b) Because of the scope of the problem of high-intensity wildland fires and expertise of the department, local governments, including cities, counties, and special districts, need assistance in preventing future problems resulting from inadequate fire prevention planning and vegetation management.(c) California will benefit if existing state expertise is made available to local governments, including cities, counties, and special districts, thereby integrating those efforts.SEC. 2. Section 4741 of the Public Resources Code is amended to read:4741. (a) In accordance with policies established by the board, the department shall assist local governments in preventing future high-intensity wildland fires and instituting appropriate fuels management by making its wildland fire prevention and vegetation management expertise available to local governments to the extent possible within the departments budgetary limitations.(b) Any department recommendations made pursuant to subdivision (a) shall be advisory in nature and local governments shall not be required to follow those recommendations. (c) This section does not alter the existing obligations of a local government or affect the existing liability of any local government.(d) For purposes of this section, local governments include cities, counties, and special districts. SEC. 3. Section 31108 of the Public Resources Code is amended to read:31108. On January 2, three years after the most recent report was submitted, the conservancy shall prepare and submit to the Governor and to the Legislature a report describing progress in achieving the objectives of this division and shall prepare and submit an additional report every three years thereafter. The report shall include the following:(a) An evaluation of the effectiveness of the conservancys programs in preserving agricultural lands, restoring coastal habitat, providing public access to the coastline, and in undertaking other functions prescribed in this division.(b) Identification of additional funding, legislation, or other resources required to more effectively carry out the objectives of this division.(c) A discussion of its progress in addressing the goals, priority areas, and concerns referenced in subdivision (a) of Section 31163, including, but not limited to, any funds that are received or disbursed for purposes related to addressing those goals, priority areas, and concerns.(d) A discussion of its progress in implementing the Lower Coastal Accommodations Program established pursuant to Section 31412.SEC. 4. Section 42282 of the Public Resources Code is amended to read:42282. (a) Commencing on or before July 1, 2015, the department shall accept from a reusable grocery bag producer proof of certification conducted by a third-party certification entity, submitted under penalty of perjury, for each type of reusable grocery bag that is manufactured, imported, sold, or distributed in the state and provided to a store for sale or distribution, at the point of sale, that meets all the applicable requirements of this article. The proof of certification shall be accompanied by a certification fee, established pursuant to Section 42282.1.(b) A reusable grocery bag producer shall resubmit to the department proof of certification as described in subdivision (a) on a biennial basis. A reusable grocery bag producer shall provide the department with an updated proof of certification conducted by a third-party certification entity if any modification that is not solely aesthetic is made to a previously certified reusable bag. Failure to comply with this subdivision shall result in removal of the relevant information posted on the departments internet website pursuant to paragraphs (1) and (2) of subdivision (e) for each reusable bag that lacks an updated proof of certification conducted by a third-party certification entity.(c) A third-party certification entity shall be an independent, accredited (ISO/IEC 17025) laboratory or a (ISO/IEC 17065) certification body. A third-party certification entity shall certify that the producers reusable grocery bags meet the requirements of Section 44281. 42281.(d) The department shall provide a system to receive proofs of certification online.(e) On and after July 1, 2015, the department shall publish a list on its internet website that includes all of the following:(1) The name, location, and appropriate contact information of certified reusable grocery bag producers.(2) The reusable grocery bags of producers that have provided the required certification.(f) A reusable grocery bag producer shall submit applicable certified test results to the department confirming that the reusable grocery bag meets the requirements of this article for each type of reusable grocery bag that is manufactured, imported, sold, or distributed in the state and provided to a store for sale or distribution.(1) A person may object to the certification of a reusable grocery bag producer pursuant to this section by filing an action for review of that certification in the superior court of a county that has jurisdiction over the reusable grocery bag producer. The court shall determine if the reusable grocery bag producer is in compliance with the requirements of this article.(2) A reusable grocery bag producer whose certification is being objected to pursuant to paragraph (1) shall be deemed in compliance with this article pending a determination by the court.(3) Based on its determination, the court shall direct the department to remove the reusable grocery bag producer from, or retain the reusable grocery bag producer on, its list published pursuant to subdivision (e).(4) If the court directs the department to remove a reusable grocery bag producer from its published list, the reusable grocery bag producer shall remain off of the published list for a period of one year from the date of the courts determination.SEC. 5. Section 42370.2 of the Public Resources Code is amended to read:42370.2. (a) (1) On or before January 1, 2021, the department shall adopt regulations to establish a process, and develop criteria, for determining the types of food service packaging that are reusable, recyclable, or compostable.(2) The department shall adopt the regulations in consultation with the Department of General Services, the Department of Rehabilitation, the Department of Parks and Recreation, the Ocean Protection Council, the Department of Toxic Substances Control, and any other appropriate state and local agencies.(3) As part of the regulatory process, the department shall seek input and feedback from stakeholders, including, but not limited to, food service packaging manufacturers, environmental and public health organizations, and food service facilities.(b) (1) The regulations adopted pursuant to subdivision (a) shall be used for determining the types of food service packaging that may be included on the list developed pursuant to Section 42370.3.(2) The regulations shall also specify how the list shall be maintained and updated, in accordance with subdivision (b) of Section 42370.3.(3) If determined practicable by the department, the department may establish a process to authorize regional use of food service packaging that is consistent with the requirements and considerations of this section.(c) (1) For purposes of determining if a type of food service packaging is reusable pursuant to subdivision (a), the director shall consider, at a minimum, all both of the following criteria:(1)(A) Whether the packaging is conventionally disposed of after a single use.(2)(B) Whether the packaging is sufficiently durable and washable to allow for multiple uses.(2) Food service packaging that is made of ceramic, porcelain, glass, or nonfoil metal, and is cleaned and reused by the food service facility, shall be deemed reusable for purposes of this chapter.(d) For purposes of determining if a type of food service packaging is recyclable pursuant to subdivision (a), the director shall consider, at a minimum, all of the following criteria:(1) Whether the type of food service packaging 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 type of food service packaging is regularly collected, separated, and cleansed for recycling by recycling service providers.(3) Whether the type of food service packaging is regularly sorted and aggregated into defined streams for recycling processes.(4) Whether the type of food service packaging is regularly processed and reclaimed or recycled with commercial recycling processes.(5) Whether the food service packaging material regularly becomes feedstock that is used in the production of new products.(6) Whether the food service packaging material is recycled in sufficient quantity, and is of sufficient quality, to maintain a market value.(e) For purposes of determining if a type of food service packaging is compostable pursuant to subdivision (a), the director shall consider, at a minimum, all of the following criteria:(1) Whether the food service packaging 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 aerobic compost facility designed for and capable of processing postconsumer food waste and food-soiled paper.(2) Whether food service packaging 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 food service packaging is regularly collected and accepted for processing at public and private compost facilities.(4) Whether the type of food service packaging 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.(f) (1) In developing regulations pursuant to subdivision (a), the department may consult with local governments and representatives of the solid waste industry, the recycling industry, the compost industry, and food service packaging manufacturers to determine if a type of food service packaging 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.(g) In developing regulations pursuant to subdivision (a), the department may take into account potential impacts on litter, public health, and wildlife. In evaluating these impacts, the department may consider any of the following:(1) Information on the volume of food service packaging litter obtained from state entities or organizations that regularly conduct litter cleanup activities.(2) Litter reduction policies that would assist in compliance with the State Water Resources Control Boards Statewide Trash Policy and the Ocean Protection Councils Ocean Litter Prevention Strategy.(3) Whether the Department of Toxic Substances Control has identified as a priority product a chemical used in the manufacture of a type of food service packaging pursuant to Chapter 55 (commencing with Section 69501) of Division 4.5 of Title 22 of the California Code of Regulations.(4) Existing scientific information available from the United States Food and Drug Administration and the Office of Environmental Health Hazard Assessment pertaining to the specific chemical used in the manufacture of a type of food service packaging.(5) Information on the impacts that improperly disposed of food service packaging may have on wildlife, as well as policy recommendations, including waste collection infrastructure improvements, that could be implemented at state facilities to reduce the impact on wildlife.(h) The department may convene a stakeholder group to assist the department in implementing this section that consists of, but is not limited to, litter prevention organizations, environmental organizations, and trade associations representing food service packaging manufacturers or suppliers.
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 4740 of the Public Resources Code is amended to read:4740. The Legislature hereby finds and declares all of the following:(a) The department has extensive technical expertise in wildland fire prevention and vegetation management on forest, range, and watershed lands. When appropriately applied, this expertise can have significant public resource benefits, including decreasing high-intensity wildland fires, improving watershed management, range improvement, improving vegetation management, forest improvement, wildlife habitat improvement, restoring ecological integrity and resilience, improving community wildfire protection, improving carbon resilience, providing enhancement of culturally important resources, and maintenance of air quality.(b) Because of the scope of the problem of high-intensity wildland fires and expertise of the department, local governments, including cities, counties, and special districts, need assistance in preventing future problems resulting from inadequate fire prevention planning and vegetation management.(c) California will benefit if existing state expertise is made available to local governments, including cities, counties, and special districts, thereby integrating those efforts.
SECTION 1. Section 4740 of the Public Resources Code is amended to read:
### SECTION 1.
4740. The Legislature hereby finds and declares all of the following:(a) The department has extensive technical expertise in wildland fire prevention and vegetation management on forest, range, and watershed lands. When appropriately applied, this expertise can have significant public resource benefits, including decreasing high-intensity wildland fires, improving watershed management, range improvement, improving vegetation management, forest improvement, wildlife habitat improvement, restoring ecological integrity and resilience, improving community wildfire protection, improving carbon resilience, providing enhancement of culturally important resources, and maintenance of air quality.(b) Because of the scope of the problem of high-intensity wildland fires and expertise of the department, local governments, including cities, counties, and special districts, need assistance in preventing future problems resulting from inadequate fire prevention planning and vegetation management.(c) California will benefit if existing state expertise is made available to local governments, including cities, counties, and special districts, thereby integrating those efforts.
4740. The Legislature hereby finds and declares all of the following:(a) The department has extensive technical expertise in wildland fire prevention and vegetation management on forest, range, and watershed lands. When appropriately applied, this expertise can have significant public resource benefits, including decreasing high-intensity wildland fires, improving watershed management, range improvement, improving vegetation management, forest improvement, wildlife habitat improvement, restoring ecological integrity and resilience, improving community wildfire protection, improving carbon resilience, providing enhancement of culturally important resources, and maintenance of air quality.(b) Because of the scope of the problem of high-intensity wildland fires and expertise of the department, local governments, including cities, counties, and special districts, need assistance in preventing future problems resulting from inadequate fire prevention planning and vegetation management.(c) California will benefit if existing state expertise is made available to local governments, including cities, counties, and special districts, thereby integrating those efforts.
4740. The Legislature hereby finds and declares all of the following:(a) The department has extensive technical expertise in wildland fire prevention and vegetation management on forest, range, and watershed lands. When appropriately applied, this expertise can have significant public resource benefits, including decreasing high-intensity wildland fires, improving watershed management, range improvement, improving vegetation management, forest improvement, wildlife habitat improvement, restoring ecological integrity and resilience, improving community wildfire protection, improving carbon resilience, providing enhancement of culturally important resources, and maintenance of air quality.(b) Because of the scope of the problem of high-intensity wildland fires and expertise of the department, local governments, including cities, counties, and special districts, need assistance in preventing future problems resulting from inadequate fire prevention planning and vegetation management.(c) California will benefit if existing state expertise is made available to local governments, including cities, counties, and special districts, thereby integrating those efforts.
4740. The Legislature hereby finds and declares all of the following:
(a) The department has extensive technical expertise in wildland fire prevention and vegetation management on forest, range, and watershed lands. When appropriately applied, this expertise can have significant public resource benefits, including decreasing high-intensity wildland fires, improving watershed management, range improvement, improving vegetation management, forest improvement, wildlife habitat improvement, restoring ecological integrity and resilience, improving community wildfire protection, improving carbon resilience, providing enhancement of culturally important resources, and maintenance of air quality.
(b) Because of the scope of the problem of high-intensity wildland fires and expertise of the department, local governments, including cities, counties, and special districts, need assistance in preventing future problems resulting from inadequate fire prevention planning and vegetation management.
(c) California will benefit if existing state expertise is made available to local governments, including cities, counties, and special districts, thereby integrating those efforts.
SEC. 2. Section 4741 of the Public Resources Code is amended to read:4741. (a) In accordance with policies established by the board, the department shall assist local governments in preventing future high-intensity wildland fires and instituting appropriate fuels management by making its wildland fire prevention and vegetation management expertise available to local governments to the extent possible within the departments budgetary limitations.(b) Any department recommendations made pursuant to subdivision (a) shall be advisory in nature and local governments shall not be required to follow those recommendations. (c) This section does not alter the existing obligations of a local government or affect the existing liability of any local government.(d) For purposes of this section, local governments include cities, counties, and special districts.
SEC. 2. Section 4741 of the Public Resources Code is amended to read:
### SEC. 2.
4741. (a) In accordance with policies established by the board, the department shall assist local governments in preventing future high-intensity wildland fires and instituting appropriate fuels management by making its wildland fire prevention and vegetation management expertise available to local governments to the extent possible within the departments budgetary limitations.(b) Any department recommendations made pursuant to subdivision (a) shall be advisory in nature and local governments shall not be required to follow those recommendations. (c) This section does not alter the existing obligations of a local government or affect the existing liability of any local government.(d) For purposes of this section, local governments include cities, counties, and special districts.
4741. (a) In accordance with policies established by the board, the department shall assist local governments in preventing future high-intensity wildland fires and instituting appropriate fuels management by making its wildland fire prevention and vegetation management expertise available to local governments to the extent possible within the departments budgetary limitations.(b) Any department recommendations made pursuant to subdivision (a) shall be advisory in nature and local governments shall not be required to follow those recommendations. (c) This section does not alter the existing obligations of a local government or affect the existing liability of any local government.(d) For purposes of this section, local governments include cities, counties, and special districts.
4741. (a) In accordance with policies established by the board, the department shall assist local governments in preventing future high-intensity wildland fires and instituting appropriate fuels management by making its wildland fire prevention and vegetation management expertise available to local governments to the extent possible within the departments budgetary limitations.(b) Any department recommendations made pursuant to subdivision (a) shall be advisory in nature and local governments shall not be required to follow those recommendations. (c) This section does not alter the existing obligations of a local government or affect the existing liability of any local government.(d) For purposes of this section, local governments include cities, counties, and special districts.
4741. (a) In accordance with policies established by the board, the department shall assist local governments in preventing future high-intensity wildland fires and instituting appropriate fuels management by making its wildland fire prevention and vegetation management expertise available to local governments to the extent possible within the departments budgetary limitations.
(b) Any department recommendations made pursuant to subdivision (a) shall be advisory in nature and local governments shall not be required to follow those recommendations.
(c) This section does not alter the existing obligations of a local government or affect the existing liability of any local government.
(d) For purposes of this section, local governments include cities, counties, and special districts.
SEC. 3. Section 31108 of the Public Resources Code is amended to read:31108. On January 2, three years after the most recent report was submitted, the conservancy shall prepare and submit to the Governor and to the Legislature a report describing progress in achieving the objectives of this division and shall prepare and submit an additional report every three years thereafter. The report shall include the following:(a) An evaluation of the effectiveness of the conservancys programs in preserving agricultural lands, restoring coastal habitat, providing public access to the coastline, and in undertaking other functions prescribed in this division.(b) Identification of additional funding, legislation, or other resources required to more effectively carry out the objectives of this division.(c) A discussion of its progress in addressing the goals, priority areas, and concerns referenced in subdivision (a) of Section 31163, including, but not limited to, any funds that are received or disbursed for purposes related to addressing those goals, priority areas, and concerns.(d) A discussion of its progress in implementing the Lower Coastal Accommodations Program established pursuant to Section 31412.
SEC. 3. Section 31108 of the Public Resources Code is amended to read:
### SEC. 3.
31108. On January 2, three years after the most recent report was submitted, the conservancy shall prepare and submit to the Governor and to the Legislature a report describing progress in achieving the objectives of this division and shall prepare and submit an additional report every three years thereafter. The report shall include the following:(a) An evaluation of the effectiveness of the conservancys programs in preserving agricultural lands, restoring coastal habitat, providing public access to the coastline, and in undertaking other functions prescribed in this division.(b) Identification of additional funding, legislation, or other resources required to more effectively carry out the objectives of this division.(c) A discussion of its progress in addressing the goals, priority areas, and concerns referenced in subdivision (a) of Section 31163, including, but not limited to, any funds that are received or disbursed for purposes related to addressing those goals, priority areas, and concerns.(d) A discussion of its progress in implementing the Lower Coastal Accommodations Program established pursuant to Section 31412.
31108. On January 2, three years after the most recent report was submitted, the conservancy shall prepare and submit to the Governor and to the Legislature a report describing progress in achieving the objectives of this division and shall prepare and submit an additional report every three years thereafter. The report shall include the following:(a) An evaluation of the effectiveness of the conservancys programs in preserving agricultural lands, restoring coastal habitat, providing public access to the coastline, and in undertaking other functions prescribed in this division.(b) Identification of additional funding, legislation, or other resources required to more effectively carry out the objectives of this division.(c) A discussion of its progress in addressing the goals, priority areas, and concerns referenced in subdivision (a) of Section 31163, including, but not limited to, any funds that are received or disbursed for purposes related to addressing those goals, priority areas, and concerns.(d) A discussion of its progress in implementing the Lower Coastal Accommodations Program established pursuant to Section 31412.
31108. On January 2, three years after the most recent report was submitted, the conservancy shall prepare and submit to the Governor and to the Legislature a report describing progress in achieving the objectives of this division and shall prepare and submit an additional report every three years thereafter. The report shall include the following:(a) An evaluation of the effectiveness of the conservancys programs in preserving agricultural lands, restoring coastal habitat, providing public access to the coastline, and in undertaking other functions prescribed in this division.(b) Identification of additional funding, legislation, or other resources required to more effectively carry out the objectives of this division.(c) A discussion of its progress in addressing the goals, priority areas, and concerns referenced in subdivision (a) of Section 31163, including, but not limited to, any funds that are received or disbursed for purposes related to addressing those goals, priority areas, and concerns.(d) A discussion of its progress in implementing the Lower Coastal Accommodations Program established pursuant to Section 31412.
31108. On January 2, three years after the most recent report was submitted, the conservancy shall prepare and submit to the Governor and to the Legislature a report describing progress in achieving the objectives of this division and shall prepare and submit an additional report every three years thereafter. The report shall include the following:
(a) An evaluation of the effectiveness of the conservancys programs in preserving agricultural lands, restoring coastal habitat, providing public access to the coastline, and in undertaking other functions prescribed in this division.
(b) Identification of additional funding, legislation, or other resources required to more effectively carry out the objectives of this division.
(c) A discussion of its progress in addressing the goals, priority areas, and concerns referenced in subdivision (a) of Section 31163, including, but not limited to, any funds that are received or disbursed for purposes related to addressing those goals, priority areas, and concerns.
(d) A discussion of its progress in implementing the Lower Coastal Accommodations Program established pursuant to Section 31412.
SEC. 4. Section 42282 of the Public Resources Code is amended to read:42282. (a) Commencing on or before July 1, 2015, the department shall accept from a reusable grocery bag producer proof of certification conducted by a third-party certification entity, submitted under penalty of perjury, for each type of reusable grocery bag that is manufactured, imported, sold, or distributed in the state and provided to a store for sale or distribution, at the point of sale, that meets all the applicable requirements of this article. The proof of certification shall be accompanied by a certification fee, established pursuant to Section 42282.1.(b) A reusable grocery bag producer shall resubmit to the department proof of certification as described in subdivision (a) on a biennial basis. A reusable grocery bag producer shall provide the department with an updated proof of certification conducted by a third-party certification entity if any modification that is not solely aesthetic is made to a previously certified reusable bag. Failure to comply with this subdivision shall result in removal of the relevant information posted on the departments internet website pursuant to paragraphs (1) and (2) of subdivision (e) for each reusable bag that lacks an updated proof of certification conducted by a third-party certification entity.(c) A third-party certification entity shall be an independent, accredited (ISO/IEC 17025) laboratory or a (ISO/IEC 17065) certification body. A third-party certification entity shall certify that the producers reusable grocery bags meet the requirements of Section 44281. 42281.(d) The department shall provide a system to receive proofs of certification online.(e) On and after July 1, 2015, the department shall publish a list on its internet website that includes all of the following:(1) The name, location, and appropriate contact information of certified reusable grocery bag producers.(2) The reusable grocery bags of producers that have provided the required certification.(f) A reusable grocery bag producer shall submit applicable certified test results to the department confirming that the reusable grocery bag meets the requirements of this article for each type of reusable grocery bag that is manufactured, imported, sold, or distributed in the state and provided to a store for sale or distribution.(1) A person may object to the certification of a reusable grocery bag producer pursuant to this section by filing an action for review of that certification in the superior court of a county that has jurisdiction over the reusable grocery bag producer. The court shall determine if the reusable grocery bag producer is in compliance with the requirements of this article.(2) A reusable grocery bag producer whose certification is being objected to pursuant to paragraph (1) shall be deemed in compliance with this article pending a determination by the court.(3) Based on its determination, the court shall direct the department to remove the reusable grocery bag producer from, or retain the reusable grocery bag producer on, its list published pursuant to subdivision (e).(4) If the court directs the department to remove a reusable grocery bag producer from its published list, the reusable grocery bag producer shall remain off of the published list for a period of one year from the date of the courts determination.
SEC. 4. Section 42282 of the Public Resources Code is amended to read:
### SEC. 4.
42282. (a) Commencing on or before July 1, 2015, the department shall accept from a reusable grocery bag producer proof of certification conducted by a third-party certification entity, submitted under penalty of perjury, for each type of reusable grocery bag that is manufactured, imported, sold, or distributed in the state and provided to a store for sale or distribution, at the point of sale, that meets all the applicable requirements of this article. The proof of certification shall be accompanied by a certification fee, established pursuant to Section 42282.1.(b) A reusable grocery bag producer shall resubmit to the department proof of certification as described in subdivision (a) on a biennial basis. A reusable grocery bag producer shall provide the department with an updated proof of certification conducted by a third-party certification entity if any modification that is not solely aesthetic is made to a previously certified reusable bag. Failure to comply with this subdivision shall result in removal of the relevant information posted on the departments internet website pursuant to paragraphs (1) and (2) of subdivision (e) for each reusable bag that lacks an updated proof of certification conducted by a third-party certification entity.(c) A third-party certification entity shall be an independent, accredited (ISO/IEC 17025) laboratory or a (ISO/IEC 17065) certification body. A third-party certification entity shall certify that the producers reusable grocery bags meet the requirements of Section 44281. 42281.(d) The department shall provide a system to receive proofs of certification online.(e) On and after July 1, 2015, the department shall publish a list on its internet website that includes all of the following:(1) The name, location, and appropriate contact information of certified reusable grocery bag producers.(2) The reusable grocery bags of producers that have provided the required certification.(f) A reusable grocery bag producer shall submit applicable certified test results to the department confirming that the reusable grocery bag meets the requirements of this article for each type of reusable grocery bag that is manufactured, imported, sold, or distributed in the state and provided to a store for sale or distribution.(1) A person may object to the certification of a reusable grocery bag producer pursuant to this section by filing an action for review of that certification in the superior court of a county that has jurisdiction over the reusable grocery bag producer. The court shall determine if the reusable grocery bag producer is in compliance with the requirements of this article.(2) A reusable grocery bag producer whose certification is being objected to pursuant to paragraph (1) shall be deemed in compliance with this article pending a determination by the court.(3) Based on its determination, the court shall direct the department to remove the reusable grocery bag producer from, or retain the reusable grocery bag producer on, its list published pursuant to subdivision (e).(4) If the court directs the department to remove a reusable grocery bag producer from its published list, the reusable grocery bag producer shall remain off of the published list for a period of one year from the date of the courts determination.
42282. (a) Commencing on or before July 1, 2015, the department shall accept from a reusable grocery bag producer proof of certification conducted by a third-party certification entity, submitted under penalty of perjury, for each type of reusable grocery bag that is manufactured, imported, sold, or distributed in the state and provided to a store for sale or distribution, at the point of sale, that meets all the applicable requirements of this article. The proof of certification shall be accompanied by a certification fee, established pursuant to Section 42282.1.(b) A reusable grocery bag producer shall resubmit to the department proof of certification as described in subdivision (a) on a biennial basis. A reusable grocery bag producer shall provide the department with an updated proof of certification conducted by a third-party certification entity if any modification that is not solely aesthetic is made to a previously certified reusable bag. Failure to comply with this subdivision shall result in removal of the relevant information posted on the departments internet website pursuant to paragraphs (1) and (2) of subdivision (e) for each reusable bag that lacks an updated proof of certification conducted by a third-party certification entity.(c) A third-party certification entity shall be an independent, accredited (ISO/IEC 17025) laboratory or a (ISO/IEC 17065) certification body. A third-party certification entity shall certify that the producers reusable grocery bags meet the requirements of Section 44281. 42281.(d) The department shall provide a system to receive proofs of certification online.(e) On and after July 1, 2015, the department shall publish a list on its internet website that includes all of the following:(1) The name, location, and appropriate contact information of certified reusable grocery bag producers.(2) The reusable grocery bags of producers that have provided the required certification.(f) A reusable grocery bag producer shall submit applicable certified test results to the department confirming that the reusable grocery bag meets the requirements of this article for each type of reusable grocery bag that is manufactured, imported, sold, or distributed in the state and provided to a store for sale or distribution.(1) A person may object to the certification of a reusable grocery bag producer pursuant to this section by filing an action for review of that certification in the superior court of a county that has jurisdiction over the reusable grocery bag producer. The court shall determine if the reusable grocery bag producer is in compliance with the requirements of this article.(2) A reusable grocery bag producer whose certification is being objected to pursuant to paragraph (1) shall be deemed in compliance with this article pending a determination by the court.(3) Based on its determination, the court shall direct the department to remove the reusable grocery bag producer from, or retain the reusable grocery bag producer on, its list published pursuant to subdivision (e).(4) If the court directs the department to remove a reusable grocery bag producer from its published list, the reusable grocery bag producer shall remain off of the published list for a period of one year from the date of the courts determination.
42282. (a) Commencing on or before July 1, 2015, the department shall accept from a reusable grocery bag producer proof of certification conducted by a third-party certification entity, submitted under penalty of perjury, for each type of reusable grocery bag that is manufactured, imported, sold, or distributed in the state and provided to a store for sale or distribution, at the point of sale, that meets all the applicable requirements of this article. The proof of certification shall be accompanied by a certification fee, established pursuant to Section 42282.1.(b) A reusable grocery bag producer shall resubmit to the department proof of certification as described in subdivision (a) on a biennial basis. A reusable grocery bag producer shall provide the department with an updated proof of certification conducted by a third-party certification entity if any modification that is not solely aesthetic is made to a previously certified reusable bag. Failure to comply with this subdivision shall result in removal of the relevant information posted on the departments internet website pursuant to paragraphs (1) and (2) of subdivision (e) for each reusable bag that lacks an updated proof of certification conducted by a third-party certification entity.(c) A third-party certification entity shall be an independent, accredited (ISO/IEC 17025) laboratory or a (ISO/IEC 17065) certification body. A third-party certification entity shall certify that the producers reusable grocery bags meet the requirements of Section 44281. 42281.(d) The department shall provide a system to receive proofs of certification online.(e) On and after July 1, 2015, the department shall publish a list on its internet website that includes all of the following:(1) The name, location, and appropriate contact information of certified reusable grocery bag producers.(2) The reusable grocery bags of producers that have provided the required certification.(f) A reusable grocery bag producer shall submit applicable certified test results to the department confirming that the reusable grocery bag meets the requirements of this article for each type of reusable grocery bag that is manufactured, imported, sold, or distributed in the state and provided to a store for sale or distribution.(1) A person may object to the certification of a reusable grocery bag producer pursuant to this section by filing an action for review of that certification in the superior court of a county that has jurisdiction over the reusable grocery bag producer. The court shall determine if the reusable grocery bag producer is in compliance with the requirements of this article.(2) A reusable grocery bag producer whose certification is being objected to pursuant to paragraph (1) shall be deemed in compliance with this article pending a determination by the court.(3) Based on its determination, the court shall direct the department to remove the reusable grocery bag producer from, or retain the reusable grocery bag producer on, its list published pursuant to subdivision (e).(4) If the court directs the department to remove a reusable grocery bag producer from its published list, the reusable grocery bag producer shall remain off of the published list for a period of one year from the date of the courts determination.
42282. (a) Commencing on or before July 1, 2015, the department shall accept from a reusable grocery bag producer proof of certification conducted by a third-party certification entity, submitted under penalty of perjury, for each type of reusable grocery bag that is manufactured, imported, sold, or distributed in the state and provided to a store for sale or distribution, at the point of sale, that meets all the applicable requirements of this article. The proof of certification shall be accompanied by a certification fee, established pursuant to Section 42282.1.
(b) A reusable grocery bag producer shall resubmit to the department proof of certification as described in subdivision (a) on a biennial basis. A reusable grocery bag producer shall provide the department with an updated proof of certification conducted by a third-party certification entity if any modification that is not solely aesthetic is made to a previously certified reusable bag. Failure to comply with this subdivision shall result in removal of the relevant information posted on the departments internet website pursuant to paragraphs (1) and (2) of subdivision (e) for each reusable bag that lacks an updated proof of certification conducted by a third-party certification entity.
(c) A third-party certification entity shall be an independent, accredited (ISO/IEC 17025) laboratory or a (ISO/IEC 17065) certification body. A third-party certification entity shall certify that the producers reusable grocery bags meet the requirements of Section 44281. 42281.
(d) The department shall provide a system to receive proofs of certification online.
(e) On and after July 1, 2015, the department shall publish a list on its internet website that includes all of the following:
(1) The name, location, and appropriate contact information of certified reusable grocery bag producers.
(2) The reusable grocery bags of producers that have provided the required certification.
(f) A reusable grocery bag producer shall submit applicable certified test results to the department confirming that the reusable grocery bag meets the requirements of this article for each type of reusable grocery bag that is manufactured, imported, sold, or distributed in the state and provided to a store for sale or distribution.
(1) A person may object to the certification of a reusable grocery bag producer pursuant to this section by filing an action for review of that certification in the superior court of a county that has jurisdiction over the reusable grocery bag producer. The court shall determine if the reusable grocery bag producer is in compliance with the requirements of this article.
(2) A reusable grocery bag producer whose certification is being objected to pursuant to paragraph (1) shall be deemed in compliance with this article pending a determination by the court.
(3) Based on its determination, the court shall direct the department to remove the reusable grocery bag producer from, or retain the reusable grocery bag producer on, its list published pursuant to subdivision (e).
(4) If the court directs the department to remove a reusable grocery bag producer from its published list, the reusable grocery bag producer shall remain off of the published list for a period of one year from the date of the courts determination.
SEC. 5. Section 42370.2 of the Public Resources Code is amended to read:42370.2. (a) (1) On or before January 1, 2021, the department shall adopt regulations to establish a process, and develop criteria, for determining the types of food service packaging that are reusable, recyclable, or compostable.(2) The department shall adopt the regulations in consultation with the Department of General Services, the Department of Rehabilitation, the Department of Parks and Recreation, the Ocean Protection Council, the Department of Toxic Substances Control, and any other appropriate state and local agencies.(3) As part of the regulatory process, the department shall seek input and feedback from stakeholders, including, but not limited to, food service packaging manufacturers, environmental and public health organizations, and food service facilities.(b) (1) The regulations adopted pursuant to subdivision (a) shall be used for determining the types of food service packaging that may be included on the list developed pursuant to Section 42370.3.(2) The regulations shall also specify how the list shall be maintained and updated, in accordance with subdivision (b) of Section 42370.3.(3) If determined practicable by the department, the department may establish a process to authorize regional use of food service packaging that is consistent with the requirements and considerations of this section.(c) (1) For purposes of determining if a type of food service packaging is reusable pursuant to subdivision (a), the director shall consider, at a minimum, all both of the following criteria:(1)(A) Whether the packaging is conventionally disposed of after a single use.(2)(B) Whether the packaging is sufficiently durable and washable to allow for multiple uses.(2) Food service packaging that is made of ceramic, porcelain, glass, or nonfoil metal, and is cleaned and reused by the food service facility, shall be deemed reusable for purposes of this chapter.(d) For purposes of determining if a type of food service packaging is recyclable pursuant to subdivision (a), the director shall consider, at a minimum, all of the following criteria:(1) Whether the type of food service packaging 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 type of food service packaging is regularly collected, separated, and cleansed for recycling by recycling service providers.(3) Whether the type of food service packaging is regularly sorted and aggregated into defined streams for recycling processes.(4) Whether the type of food service packaging is regularly processed and reclaimed or recycled with commercial recycling processes.(5) Whether the food service packaging material regularly becomes feedstock that is used in the production of new products.(6) Whether the food service packaging material is recycled in sufficient quantity, and is of sufficient quality, to maintain a market value.(e) For purposes of determining if a type of food service packaging is compostable pursuant to subdivision (a), the director shall consider, at a minimum, all of the following criteria:(1) Whether the food service packaging 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 aerobic compost facility designed for and capable of processing postconsumer food waste and food-soiled paper.(2) Whether food service packaging 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 food service packaging is regularly collected and accepted for processing at public and private compost facilities.(4) Whether the type of food service packaging 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.(f) (1) In developing regulations pursuant to subdivision (a), the department may consult with local governments and representatives of the solid waste industry, the recycling industry, the compost industry, and food service packaging manufacturers to determine if a type of food service packaging 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.(g) In developing regulations pursuant to subdivision (a), the department may take into account potential impacts on litter, public health, and wildlife. In evaluating these impacts, the department may consider any of the following:(1) Information on the volume of food service packaging litter obtained from state entities or organizations that regularly conduct litter cleanup activities.(2) Litter reduction policies that would assist in compliance with the State Water Resources Control Boards Statewide Trash Policy and the Ocean Protection Councils Ocean Litter Prevention Strategy.(3) Whether the Department of Toxic Substances Control has identified as a priority product a chemical used in the manufacture of a type of food service packaging pursuant to Chapter 55 (commencing with Section 69501) of Division 4.5 of Title 22 of the California Code of Regulations.(4) Existing scientific information available from the United States Food and Drug Administration and the Office of Environmental Health Hazard Assessment pertaining to the specific chemical used in the manufacture of a type of food service packaging.(5) Information on the impacts that improperly disposed of food service packaging may have on wildlife, as well as policy recommendations, including waste collection infrastructure improvements, that could be implemented at state facilities to reduce the impact on wildlife.(h) The department may convene a stakeholder group to assist the department in implementing this section that consists of, but is not limited to, litter prevention organizations, environmental organizations, and trade associations representing food service packaging manufacturers or suppliers.
SEC. 5. Section 42370.2 of the Public Resources Code is amended to read:
### SEC. 5.
42370.2. (a) (1) On or before January 1, 2021, the department shall adopt regulations to establish a process, and develop criteria, for determining the types of food service packaging that are reusable, recyclable, or compostable.(2) The department shall adopt the regulations in consultation with the Department of General Services, the Department of Rehabilitation, the Department of Parks and Recreation, the Ocean Protection Council, the Department of Toxic Substances Control, and any other appropriate state and local agencies.(3) As part of the regulatory process, the department shall seek input and feedback from stakeholders, including, but not limited to, food service packaging manufacturers, environmental and public health organizations, and food service facilities.(b) (1) The regulations adopted pursuant to subdivision (a) shall be used for determining the types of food service packaging that may be included on the list developed pursuant to Section 42370.3.(2) The regulations shall also specify how the list shall be maintained and updated, in accordance with subdivision (b) of Section 42370.3.(3) If determined practicable by the department, the department may establish a process to authorize regional use of food service packaging that is consistent with the requirements and considerations of this section.(c) (1) For purposes of determining if a type of food service packaging is reusable pursuant to subdivision (a), the director shall consider, at a minimum, all both of the following criteria:(1)(A) Whether the packaging is conventionally disposed of after a single use.(2)(B) Whether the packaging is sufficiently durable and washable to allow for multiple uses.(2) Food service packaging that is made of ceramic, porcelain, glass, or nonfoil metal, and is cleaned and reused by the food service facility, shall be deemed reusable for purposes of this chapter.(d) For purposes of determining if a type of food service packaging is recyclable pursuant to subdivision (a), the director shall consider, at a minimum, all of the following criteria:(1) Whether the type of food service packaging 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 type of food service packaging is regularly collected, separated, and cleansed for recycling by recycling service providers.(3) Whether the type of food service packaging is regularly sorted and aggregated into defined streams for recycling processes.(4) Whether the type of food service packaging is regularly processed and reclaimed or recycled with commercial recycling processes.(5) Whether the food service packaging material regularly becomes feedstock that is used in the production of new products.(6) Whether the food service packaging material is recycled in sufficient quantity, and is of sufficient quality, to maintain a market value.(e) For purposes of determining if a type of food service packaging is compostable pursuant to subdivision (a), the director shall consider, at a minimum, all of the following criteria:(1) Whether the food service packaging 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 aerobic compost facility designed for and capable of processing postconsumer food waste and food-soiled paper.(2) Whether food service packaging 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 food service packaging is regularly collected and accepted for processing at public and private compost facilities.(4) Whether the type of food service packaging 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.(f) (1) In developing regulations pursuant to subdivision (a), the department may consult with local governments and representatives of the solid waste industry, the recycling industry, the compost industry, and food service packaging manufacturers to determine if a type of food service packaging 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.(g) In developing regulations pursuant to subdivision (a), the department may take into account potential impacts on litter, public health, and wildlife. In evaluating these impacts, the department may consider any of the following:(1) Information on the volume of food service packaging litter obtained from state entities or organizations that regularly conduct litter cleanup activities.(2) Litter reduction policies that would assist in compliance with the State Water Resources Control Boards Statewide Trash Policy and the Ocean Protection Councils Ocean Litter Prevention Strategy.(3) Whether the Department of Toxic Substances Control has identified as a priority product a chemical used in the manufacture of a type of food service packaging pursuant to Chapter 55 (commencing with Section 69501) of Division 4.5 of Title 22 of the California Code of Regulations.(4) Existing scientific information available from the United States Food and Drug Administration and the Office of Environmental Health Hazard Assessment pertaining to the specific chemical used in the manufacture of a type of food service packaging.(5) Information on the impacts that improperly disposed of food service packaging may have on wildlife, as well as policy recommendations, including waste collection infrastructure improvements, that could be implemented at state facilities to reduce the impact on wildlife.(h) The department may convene a stakeholder group to assist the department in implementing this section that consists of, but is not limited to, litter prevention organizations, environmental organizations, and trade associations representing food service packaging manufacturers or suppliers.
42370.2. (a) (1) On or before January 1, 2021, the department shall adopt regulations to establish a process, and develop criteria, for determining the types of food service packaging that are reusable, recyclable, or compostable.(2) The department shall adopt the regulations in consultation with the Department of General Services, the Department of Rehabilitation, the Department of Parks and Recreation, the Ocean Protection Council, the Department of Toxic Substances Control, and any other appropriate state and local agencies.(3) As part of the regulatory process, the department shall seek input and feedback from stakeholders, including, but not limited to, food service packaging manufacturers, environmental and public health organizations, and food service facilities.(b) (1) The regulations adopted pursuant to subdivision (a) shall be used for determining the types of food service packaging that may be included on the list developed pursuant to Section 42370.3.(2) The regulations shall also specify how the list shall be maintained and updated, in accordance with subdivision (b) of Section 42370.3.(3) If determined practicable by the department, the department may establish a process to authorize regional use of food service packaging that is consistent with the requirements and considerations of this section.(c) (1) For purposes of determining if a type of food service packaging is reusable pursuant to subdivision (a), the director shall consider, at a minimum, all both of the following criteria:(1)(A) Whether the packaging is conventionally disposed of after a single use.(2)(B) Whether the packaging is sufficiently durable and washable to allow for multiple uses.(2) Food service packaging that is made of ceramic, porcelain, glass, or nonfoil metal, and is cleaned and reused by the food service facility, shall be deemed reusable for purposes of this chapter.(d) For purposes of determining if a type of food service packaging is recyclable pursuant to subdivision (a), the director shall consider, at a minimum, all of the following criteria:(1) Whether the type of food service packaging 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 type of food service packaging is regularly collected, separated, and cleansed for recycling by recycling service providers.(3) Whether the type of food service packaging is regularly sorted and aggregated into defined streams for recycling processes.(4) Whether the type of food service packaging is regularly processed and reclaimed or recycled with commercial recycling processes.(5) Whether the food service packaging material regularly becomes feedstock that is used in the production of new products.(6) Whether the food service packaging material is recycled in sufficient quantity, and is of sufficient quality, to maintain a market value.(e) For purposes of determining if a type of food service packaging is compostable pursuant to subdivision (a), the director shall consider, at a minimum, all of the following criteria:(1) Whether the food service packaging 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 aerobic compost facility designed for and capable of processing postconsumer food waste and food-soiled paper.(2) Whether food service packaging 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 food service packaging is regularly collected and accepted for processing at public and private compost facilities.(4) Whether the type of food service packaging 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.(f) (1) In developing regulations pursuant to subdivision (a), the department may consult with local governments and representatives of the solid waste industry, the recycling industry, the compost industry, and food service packaging manufacturers to determine if a type of food service packaging 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.(g) In developing regulations pursuant to subdivision (a), the department may take into account potential impacts on litter, public health, and wildlife. In evaluating these impacts, the department may consider any of the following:(1) Information on the volume of food service packaging litter obtained from state entities or organizations that regularly conduct litter cleanup activities.(2) Litter reduction policies that would assist in compliance with the State Water Resources Control Boards Statewide Trash Policy and the Ocean Protection Councils Ocean Litter Prevention Strategy.(3) Whether the Department of Toxic Substances Control has identified as a priority product a chemical used in the manufacture of a type of food service packaging pursuant to Chapter 55 (commencing with Section 69501) of Division 4.5 of Title 22 of the California Code of Regulations.(4) Existing scientific information available from the United States Food and Drug Administration and the Office of Environmental Health Hazard Assessment pertaining to the specific chemical used in the manufacture of a type of food service packaging.(5) Information on the impacts that improperly disposed of food service packaging may have on wildlife, as well as policy recommendations, including waste collection infrastructure improvements, that could be implemented at state facilities to reduce the impact on wildlife.(h) The department may convene a stakeholder group to assist the department in implementing this section that consists of, but is not limited to, litter prevention organizations, environmental organizations, and trade associations representing food service packaging manufacturers or suppliers.
42370.2. (a) (1) On or before January 1, 2021, the department shall adopt regulations to establish a process, and develop criteria, for determining the types of food service packaging that are reusable, recyclable, or compostable.(2) The department shall adopt the regulations in consultation with the Department of General Services, the Department of Rehabilitation, the Department of Parks and Recreation, the Ocean Protection Council, the Department of Toxic Substances Control, and any other appropriate state and local agencies.(3) As part of the regulatory process, the department shall seek input and feedback from stakeholders, including, but not limited to, food service packaging manufacturers, environmental and public health organizations, and food service facilities.(b) (1) The regulations adopted pursuant to subdivision (a) shall be used for determining the types of food service packaging that may be included on the list developed pursuant to Section 42370.3.(2) The regulations shall also specify how the list shall be maintained and updated, in accordance with subdivision (b) of Section 42370.3.(3) If determined practicable by the department, the department may establish a process to authorize regional use of food service packaging that is consistent with the requirements and considerations of this section.(c) (1) For purposes of determining if a type of food service packaging is reusable pursuant to subdivision (a), the director shall consider, at a minimum, all both of the following criteria:(1)(A) Whether the packaging is conventionally disposed of after a single use.(2)(B) Whether the packaging is sufficiently durable and washable to allow for multiple uses.(2) Food service packaging that is made of ceramic, porcelain, glass, or nonfoil metal, and is cleaned and reused by the food service facility, shall be deemed reusable for purposes of this chapter.(d) For purposes of determining if a type of food service packaging is recyclable pursuant to subdivision (a), the director shall consider, at a minimum, all of the following criteria:(1) Whether the type of food service packaging 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 type of food service packaging is regularly collected, separated, and cleansed for recycling by recycling service providers.(3) Whether the type of food service packaging is regularly sorted and aggregated into defined streams for recycling processes.(4) Whether the type of food service packaging is regularly processed and reclaimed or recycled with commercial recycling processes.(5) Whether the food service packaging material regularly becomes feedstock that is used in the production of new products.(6) Whether the food service packaging material is recycled in sufficient quantity, and is of sufficient quality, to maintain a market value.(e) For purposes of determining if a type of food service packaging is compostable pursuant to subdivision (a), the director shall consider, at a minimum, all of the following criteria:(1) Whether the food service packaging 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 aerobic compost facility designed for and capable of processing postconsumer food waste and food-soiled paper.(2) Whether food service packaging 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 food service packaging is regularly collected and accepted for processing at public and private compost facilities.(4) Whether the type of food service packaging 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.(f) (1) In developing regulations pursuant to subdivision (a), the department may consult with local governments and representatives of the solid waste industry, the recycling industry, the compost industry, and food service packaging manufacturers to determine if a type of food service packaging 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.(g) In developing regulations pursuant to subdivision (a), the department may take into account potential impacts on litter, public health, and wildlife. In evaluating these impacts, the department may consider any of the following:(1) Information on the volume of food service packaging litter obtained from state entities or organizations that regularly conduct litter cleanup activities.(2) Litter reduction policies that would assist in compliance with the State Water Resources Control Boards Statewide Trash Policy and the Ocean Protection Councils Ocean Litter Prevention Strategy.(3) Whether the Department of Toxic Substances Control has identified as a priority product a chemical used in the manufacture of a type of food service packaging pursuant to Chapter 55 (commencing with Section 69501) of Division 4.5 of Title 22 of the California Code of Regulations.(4) Existing scientific information available from the United States Food and Drug Administration and the Office of Environmental Health Hazard Assessment pertaining to the specific chemical used in the manufacture of a type of food service packaging.(5) Information on the impacts that improperly disposed of food service packaging may have on wildlife, as well as policy recommendations, including waste collection infrastructure improvements, that could be implemented at state facilities to reduce the impact on wildlife.(h) The department may convene a stakeholder group to assist the department in implementing this section that consists of, but is not limited to, litter prevention organizations, environmental organizations, and trade associations representing food service packaging manufacturers or suppliers.
42370.2. (a) (1) On or before January 1, 2021, the department shall adopt regulations to establish a process, and develop criteria, for determining the types of food service packaging that are reusable, recyclable, or compostable.
(2) The department shall adopt the regulations in consultation with the Department of General Services, the Department of Rehabilitation, the Department of Parks and Recreation, the Ocean Protection Council, the Department of Toxic Substances Control, and any other appropriate state and local agencies.
(3) As part of the regulatory process, the department shall seek input and feedback from stakeholders, including, but not limited to, food service packaging manufacturers, environmental and public health organizations, and food service facilities.
(b) (1) The regulations adopted pursuant to subdivision (a) shall be used for determining the types of food service packaging that may be included on the list developed pursuant to Section 42370.3.
(2) The regulations shall also specify how the list shall be maintained and updated, in accordance with subdivision (b) of Section 42370.3.
(3) If determined practicable by the department, the department may establish a process to authorize regional use of food service packaging that is consistent with the requirements and considerations of this section.
(c) (1) For purposes of determining if a type of food service packaging is reusable pursuant to subdivision (a), the director shall consider, at a minimum, all both of the following criteria:
(1)
(A) Whether the packaging is conventionally disposed of after a single use.
(2)
(B) Whether the packaging is sufficiently durable and washable to allow for multiple uses.
(2) Food service packaging that is made of ceramic, porcelain, glass, or nonfoil metal, and is cleaned and reused by the food service facility, shall be deemed reusable for purposes of this chapter.
(d) For purposes of determining if a type of food service packaging is recyclable pursuant to subdivision (a), the director shall consider, at a minimum, all of the following criteria:
(1) Whether the type of food service packaging 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 type of food service packaging is regularly collected, separated, and cleansed for recycling by recycling service providers.
(3) Whether the type of food service packaging is regularly sorted and aggregated into defined streams for recycling processes.
(4) Whether the type of food service packaging is regularly processed and reclaimed or recycled with commercial recycling processes.
(5) Whether the food service packaging material regularly becomes feedstock that is used in the production of new products.
(6) Whether the food service packaging material is recycled in sufficient quantity, and is of sufficient quality, to maintain a market value.
(e) For purposes of determining if a type of food service packaging is compostable pursuant to subdivision (a), the director shall consider, at a minimum, all of the following criteria:
(1) Whether the food service packaging 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 aerobic compost facility designed for and capable of processing postconsumer food waste and food-soiled paper.
(2) Whether food service packaging 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 food service packaging is regularly collected and accepted for processing at public and private compost facilities.
(4) Whether the type of food service packaging 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.
(f) (1) In developing regulations pursuant to subdivision (a), the department may consult with local governments and representatives of the solid waste industry, the recycling industry, the compost industry, and food service packaging manufacturers to determine if a type of food service packaging 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.
(g) In developing regulations pursuant to subdivision (a), the department may take into account potential impacts on litter, public health, and wildlife. In evaluating these impacts, the department may consider any of the following:
(1) Information on the volume of food service packaging litter obtained from state entities or organizations that regularly conduct litter cleanup activities.
(2) Litter reduction policies that would assist in compliance with the State Water Resources Control Boards Statewide Trash Policy and the Ocean Protection Councils Ocean Litter Prevention Strategy.
(3) Whether the Department of Toxic Substances Control has identified as a priority product a chemical used in the manufacture of a type of food service packaging pursuant to Chapter 55 (commencing with Section 69501) of Division 4.5 of Title 22 of the California Code of Regulations.
(4) Existing scientific information available from the United States Food and Drug Administration and the Office of Environmental Health Hazard Assessment pertaining to the specific chemical used in the manufacture of a type of food service packaging.
(5) Information on the impacts that improperly disposed of food service packaging may have on wildlife, as well as policy recommendations, including waste collection infrastructure improvements, that could be implemented at state facilities to reduce the impact on wildlife.
(h) The department may convene a stakeholder group to assist the department in implementing this section that consists of, but is not limited to, litter prevention organizations, environmental organizations, and trade associations representing food service packaging manufacturers or suppliers.