| Old | New | Differences | |
|---|---|---|---|
| 1 | - | Amended IN Assembly April | |
| 1 | + | Amended IN Assembly April 15, 2024 Amended IN Assembly March 21, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2762Introduced by Assembly Member FriedmanFebruary 15, 2024An act to add Division 12.8 (commencing with Section 18020) to Chapter 6.8 (commencing with Section 14579) to Division 12.1 of the Public Resources Code, to relating to solid waste. recycling.LEGISLATIVE COUNSEL'S DIGESTAB 2762, as amended, Friedman. Plastic waste: California Reusable Beverage Container Act. Recycling: reusable beverage containers.The California Beverage Container Recycling and Litter Reduction Act, which is administered by the Department of Resources Recycling and Recovery, is established to promote beverage container recycling. The act defines beverage container to mean the individual, separate bottle, can, jar, carton, or other receptacle, however denominated, in which a beverage is sold, and that is constructed of metal, glass, or plastic, or other material, or any combination of these materials, but does not include cups or other similar open or loosely sealed receptacles. The act defines reusable beverage container to mean a glass beverage container that has an established refund value and that is processed by a processor for subsequent washing for refill and sale by a beverage manufacturer. A violation of the act is a crime.This bill would require, by January 1, 2031, that no less than 5% of the volume of beverages that a beverage manufacturer sells in beverage containers in California be sold in reusable beverage containers, and that no less than 60% of that 5% be in reusable beverage containers that were returned for reuse. The bill would provide for periodic increases to those percentages. The bill would require, beginning January 1, 2025, and annually thereafter, a beverage manufacturer to report certain information to the department regarding the sale of beverages in beverage containers and reusable beverage containers, as specified. The bill would require a beverage manufacturer to make those reports publicly available on the beverage manufacturers internet website. The bill would require, beginning October 1, 2025, the department to aggregate the information provided by beverage manufacturers into an annual report, as specified. The bill would authorize one or more beverage manufacturers to form a reusable beverage container management system and to submit a plan to the department regarding their plan to comply with the requirements of this bill, as specified.By creating new requirements under the act, a violation of which would be a crime, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.The California Beverage Container Recycling and Litter Reduction Act, which is administered by the Department of Resources Recycling and Recovery, is established to promote beverage container recycling and provides for the payment, collection, and distribution of certain payments and fees based on minimum refund values established for beverage containers.The Plastic Pollution Prevention and Packaging Producer Responsibility Act covers certain single-use packaging and plastic single-use food service ware, as provided. As part of its comprehensive statutory scheme, the act requires producers of those covered materials to reduce and recycle the covered plastic material and to ensure that covered materials that are offered for sale, distributed, or imported in or into the state on or after January 1, 2032, are recyclable or compostable, as provided. The act prohibits a producer from selling, offering for sale, importing, or distributing covered materials in the state unless the producer is approved to participate in the producer responsibility plan of a producer responsibility organization, as prescribed, for the source reduction, collection, processing, and recycling of covered material, except as provided.This bill would establish the California Reusable Beverage Container Act to encourage manufacturers and distributors of beverages sold in California to reduce the sale of beverages in single-use beverage containers while concurrently increasing the sale of beverages in reusable beverage containers, as provided. The bill would require a responsible party, as defined, to form a reusable beverage container managed system (RCMS) and would require an RCMS to submit an operations and governance plan (RCMS plan) to the Department of Resources Recycling and Recovery with specified information. The bill would require the department to approve RCMS plans on or before January 1, 2027. The bill would require an RCMS to ensure an increase of beverages sold in reusable beverage containers and returned for reuse, in accordance with various rates. The bill would require the operator of an RCMS to annually report to the department, and make publicly available, certain information with regard to the sale of beverages in single-use beverage containers and in reusable beverage containers within the state, as provided. The bill would subject a responsible party that fails to join an RCMS with an RCMS plan approved by the department to civil penalties and remedial actions as determined by the department and would authorize the department to determine penalties and remedial actions that are sufficient to result in compliance with the act, as provided.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOYES Bill TextThe people of the State of California do enact as follows:SECTION 1. Chapter 6.8 (commencing with Section 14579) is added to Division 12.1 of the Public Resources Code, to read: CHAPTER 6.8. Reusable Beverage Container Minimums14579. (a) A beverage manufacturer, with annual gross sales of one million dollars ($1,000,000) or more, that sells, offers for sale, or distributes a beverage in the state that is bottled in the state shall ensure that the percentage of the volume of beverages it bottles and sells in the state is bottled in reusable beverage containers at the following rates:(1) Not less than 5 percent by January 1, 2031.(2) Not less than 10 percent by January 1, 2033.(3) Not less than 25 percent by January 1, 2035.(b) A beverage manufacturer described in subdivision (a) shall bottle beverages in reusable beverage containers that have been previously sold and returned for reuse at the following rates:(1) Not less than 60 percent of the beverages it sells in reusable beverage containers by January 1, 2031.(2) Not less than 90 percent of the beverages it sells in reusable beverage containers by January 1, 2033.(3) Not less than 95 percent of the beverages it sells in reusable beverage containers by January 1, 2035.(c) A beverage manufacturer shall ensure compliance with subdivisions (a) and (b) for the beverages it sells.(d) (1) By January 1, 2026, and annually thereafter, a beverage manufacturer shall demonstrate compliance with this section by submitting a report to the department that includes the percentage of the total volume of beverages produced and sold in reusable beverage containers and the number of single-use beverage containers and reusable beverage containers produced and sold in California in the previous calendar year, specified by type of beverage, size of container, and container material type.(2) A beverage manufacturer shall make the report required by paragraph (1) publicly available on the beverage manufacturers internet website. The department shall aggregate the data received pursuant to paragraph (1) and annually report on the total volume of beverages sold in reusable beverage containers in California each year and returned for reuse, starting in 2025 and ending in 2031, inclusive.(e) A beverage manufacturer shall provide to the department any additional information requested by the department to ensure the reliability of the data reported and to determine the progress made towards compliance with this section.14579.1. (a) One or more beverage manufacturers may form a reusable beverage container management system for purposes of complying with this chapter.(b) A BCMS may prepare and submit a plan to the department. The plan may, but is not required to, include any of the following:(1) A governance structure for the organization that provides equitable voting power for participants.(2) An equitable financial structure.(3) The roles and responsibilities of all responsible parties participating in the BCMS.(4) How the BCMS plans to meet the reusable beverage container rates described in Section 14579 and any actions the BCMS may take related to consumer action.(5) How the BCMS plans to provide efficient collection, washing, and redistribution of reusable beverage containers, including how the organization will promote maximum ease of return of reusable beverage containers by consumers to achieve the returned-for-reuse rates described in subdivision (b) of Section 14579.(6) How the transportation needs of the BCMS plan will affect greenhouse gas emissions.(c) For purposes of this section, beverage container management system or BCMS means an operational and financial arrangement in which beverage manufacturers cooperate with dealers, dealer cooperatives, processors, recycling centers, and other necessary actors to provide an efficient managed system for the collection, sorting, washing, refilling, and redistribution of reusable beverage containers. For purposes of this definition, dealers, dealer cooperatives, processors, and recycling centers have the same meanings as in Chapter 2 (commencing with Section 14502) of Division 12.1.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.SECTION 1.Division 12.8 (commencing with Section 18020) is added to the Public Resources Code, to read:12.8.California Reusable Beverage Container Act1.General Provisions18020.(a)This division shall be known, and may be cited, as the California Reusable Beverage Container Act.(b)It is the intent of the Legislature that all provisions of this division be interpreted to encourage manufacturers and distributors of beverages sold in California to reduce the sale of beverages in single-use beverage containers while concurrently increasing the sale of beverages in reusable beverage containers.18021.For purposes of this division, the following definitions apply:(a)Department means the Department of Resources Recycling and Recovery.(b)Responsible party means a manufacturer or distributor of beverages sold, offered for sale, or distributed in the state that are bottled in the state or within 100 miles of the states border, with annual gross sales of one million dollars ($1,000,000), except that after the 25-percent reusable beverage container target in Section 18023 is met, as determined by the department, responsible party means any manufacturer or distributor of beverages sold, offered for sale, or distributed in the state that are bottled in the state or within 100 miles of the states border. For purposes of this definition, distributor and beverage manufacturer have the same meanings as in Chapter 2 (commencing with Section 14502) of Division 12.1.(c)RCMS or reusable beverage container managed system means an operational and financial arrangement in which responsible parties cooperate with dealers, dealer cooperatives, processors, recycling centers, and other necessary actors to provide an efficient managed system for the collection, sorting, washing, refilling, and redistribution of reusable beverage containers. For purposes of this definition, dealers, dealer cooperatives, processors, and recycling centers have the same meanings as in Chapter 2 (commencing with Section 14502) of Division 12.1.(d)RCMS plan means an operations and governance plan submitted to, and approved by, the department pursuant to Section 18022.2.Reusable Beverage Container Managed System and RCMS Plan18022.(a)A responsible party shall form an RCMS for the purposes of complying with this division, subject to approval of an RCMS plan by the department.(b)An RCMS shall prepare and submit an RCMS plan to the department that specifies all of the following:(1)A governance structure for the organization that provides equitable voting power for participants.(2)An equitable financial structure.(3)The roles and responsibilities of all responsible parties participating in the RCMS.(4)How the RCMS will meet the reusable beverage container rates described in Section 18023.(5)How the RCMS will ensure that all responsible parties and other participants will cooperate to ensure that efficient collection, washing, and redistribution of reusable beverage containers will be accomplished, including how the organization will ensure maximum ease of return of reusable beverage containers by consumers in order to achieve the returned-for-reuse rates described in Section 18024.(6)A demonstration of how the transportation distances within the RCMS will be limited to a distance from each bottling plant within the RCMS that ensures that the RCMS achieves greenhouse gas emissions reductions compared to the emissions of the single-use beverage bottles the system replaces.(7)The consumer education that will be implemented in order to ensure that the rates described in Sections 18023 and 18024. are met.(c)The department shall approve one or more RCMS plans on or before January 1, 2027.3.Reusable Beverage Container Managed System Requirements18023.An RCMS approved by the department pursuant to Section 18022 shall ensure an increase in the volume of beverages sold in California in reusable beverage containers from the total volume of beverages sold in California in accordance with the following rates:(a)Not less than 5 percent by January 1, 2031.(b)Not less than 10 percent by January 1, 2033.(c)Not less than 25 percent by January 1, 2035.18024.An RCMS approved by the department pursuant to Section 18022 shall ensure that the volume of reusable beverage containers sold in this state that are returned for reuse achieve the following rates:(a)Not less than 60 percent by January 1, 2031.(b)Not less than 90 percent by January 1, 2033.(c)Not less than 95 percent by January 1, 2035.4.Enforcement18025.(a)A responsible party that fails to join an RCMS with an RCMS plan approved by the department pursuant to Section 18022 is subject to civil penalties and remedial actions by the department.(b)The department shall determine civil penalties and remedial actions that are sufficient to result in compliance with the requirements of this division within two years of a failure to comply.(c)The department may administratively levy civil penalties on a responsible party as needed for the department to address a compliance failure.5.Reporting18026.(a)The operator of an RCMS shall annually report to the department, and make publicly available on the operators internet website, the information provided pursuant to subdivisions (b) and (c).(b)By January 1, 2026, and annually thereafter, each responsible party shall report to the operator of the RCMS the number of units and volume of sales of beverages in single-use beverage containers and in reusable beverage containers sold within the state in the previous year, specified by type of beverage, size of container, and container material type.(c)For the purpose of demonstrating compliance with Sections 18023 and 18024, each responsible party shall annually calculate and report to the operator of the RCMS by July 1 the number of units of sales and volumes of beverages in reusable containers sold within the state in the previous calendar year specified by type of beverage, size of container, container material type, and quantity redeemed.(d)The department may request any additional information necessary to ensure the reliability of the data reported and to determine the progress made towards compliance with Sections 18023 and 18024. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | Amended IN Assembly April 15, 2024 Amended IN Assembly March 21, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2762Introduced by Assembly Member FriedmanFebruary 15, 2024An act to add Division 12.8 (commencing with Section 18020) to Chapter 6.8 (commencing with Section 14579) to Division 12.1 of the Public Resources Code, to relating to solid waste. recycling.LEGISLATIVE COUNSEL'S DIGESTAB 2762, as amended, Friedman. Plastic waste: California Reusable Beverage Container Act. Recycling: reusable beverage containers.The California Beverage Container Recycling and Litter Reduction Act, which is administered by the Department of Resources Recycling and Recovery, is established to promote beverage container recycling. The act defines beverage container to mean the individual, separate bottle, can, jar, carton, or other receptacle, however denominated, in which a beverage is sold, and that is constructed of metal, glass, or plastic, or other material, or any combination of these materials, but does not include cups or other similar open or loosely sealed receptacles. The act defines reusable beverage container to mean a glass beverage container that has an established refund value and that is processed by a processor for subsequent washing for refill and sale by a beverage manufacturer. A violation of the act is a crime.This bill would require, by January 1, 2031, that no less than 5% of the volume of beverages that a beverage manufacturer sells in beverage containers in California be sold in reusable beverage containers, and that no less than 60% of that 5% be in reusable beverage containers that were returned for reuse. The bill would provide for periodic increases to those percentages. The bill would require, beginning January 1, 2025, and annually thereafter, a beverage manufacturer to report certain information to the department regarding the sale of beverages in beverage containers and reusable beverage containers, as specified. The bill would require a beverage manufacturer to make those reports publicly available on the beverage manufacturers internet website. The bill would require, beginning October 1, 2025, the department to aggregate the information provided by beverage manufacturers into an annual report, as specified. The bill would authorize one or more beverage manufacturers to form a reusable beverage container management system and to submit a plan to the department regarding their plan to comply with the requirements of this bill, as specified.By creating new requirements under the act, a violation of which would be a crime, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.The California Beverage Container Recycling and Litter Reduction Act, which is administered by the Department of Resources Recycling and Recovery, is established to promote beverage container recycling and provides for the payment, collection, and distribution of certain payments and fees based on minimum refund values established for beverage containers.The Plastic Pollution Prevention and Packaging Producer Responsibility Act covers certain single-use packaging and plastic single-use food service ware, as provided. As part of its comprehensive statutory scheme, the act requires producers of those covered materials to reduce and recycle the covered plastic material and to ensure that covered materials that are offered for sale, distributed, or imported in or into the state on or after January 1, 2032, are recyclable or compostable, as provided. The act prohibits a producer from selling, offering for sale, importing, or distributing covered materials in the state unless the producer is approved to participate in the producer responsibility plan of a producer responsibility organization, as prescribed, for the source reduction, collection, processing, and recycling of covered material, except as provided.This bill would establish the California Reusable Beverage Container Act to encourage manufacturers and distributors of beverages sold in California to reduce the sale of beverages in single-use beverage containers while concurrently increasing the sale of beverages in reusable beverage containers, as provided. The bill would require a responsible party, as defined, to form a reusable beverage container managed system (RCMS) and would require an RCMS to submit an operations and governance plan (RCMS plan) to the Department of Resources Recycling and Recovery with specified information. The bill would require the department to approve RCMS plans on or before January 1, 2027. The bill would require an RCMS to ensure an increase of beverages sold in reusable beverage containers and returned for reuse, in accordance with various rates. The bill would require the operator of an RCMS to annually report to the department, and make publicly available, certain information with regard to the sale of beverages in single-use beverage containers and in reusable beverage containers within the state, as provided. The bill would subject a responsible party that fails to join an RCMS with an RCMS plan approved by the department to civil penalties and remedial actions as determined by the department and would authorize the department to determine penalties and remedial actions that are sufficient to result in compliance with the act, as provided.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOYES | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Assembly April 15, 2024 Amended IN Assembly March 21, 2024 | |
| 6 | 6 | ||
| 7 | - | Amended IN Assembly April 24, 2024 | |
| 8 | 7 | Amended IN Assembly April 15, 2024 | |
| 9 | 8 | Amended IN Assembly March 21, 2024 | |
| 10 | 9 | ||
| 11 | 10 | CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION | |
| 12 | 11 | ||
| 13 | 12 | Assembly Bill | |
| 14 | 13 | ||
| 15 | 14 | No. 2762 | |
| 16 | 15 | ||
| 17 | 16 | Introduced by Assembly Member FriedmanFebruary 15, 2024 | |
| 18 | 17 | ||
| 19 | 18 | Introduced by Assembly Member Friedman | |
| 20 | 19 | February 15, 2024 | |
| 21 | 20 | ||
| 22 | - | An act to add Chapter 6.8 (commencing with Section 14579) to Division 12.1 of the Public Resources Code, relating to recycling. | |
| 21 | + | An act to add Division 12.8 (commencing with Section 18020) to Chapter 6.8 (commencing with Section 14579) to Division 12.1 of the Public Resources Code, to relating to solid waste. recycling. | |
| 23 | 22 | ||
| 24 | 23 | LEGISLATIVE COUNSEL'S DIGEST | |
| 25 | 24 | ||
| 26 | 25 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 27 | 26 | ||
| 28 | - | AB 2762, as amended, Friedman. Recycling: reusable beverage containers. | |
| 27 | + | AB 2762, as amended, Friedman. Plastic waste: California Reusable Beverage Container Act. Recycling: reusable beverage containers. | |
| 29 | 28 | ||
| 30 | - | The California Beverage Container Recycling and Litter Reduction Act, which is administered by the Department of Resources Recycling and Recovery, is established to promote beverage container recycling. The act defines beverage container to mean the individual, separate bottle, can, jar, carton, or other receptacle, however denominated, in which a beverage is sold, and that is constructed of metal, glass, or plastic, or other material, or any combination of these materials, but does not include cups or other similar open or loosely sealed receptacles. The act defines reusable beverage container to mean a glass beverage container that has an established refund value and that is processed by a processor for subsequent washing for refill and sale by a beverage manufacturer. A violation of the act is a crime.This bill would require, | |
| 29 | + | The California Beverage Container Recycling and Litter Reduction Act, which is administered by the Department of Resources Recycling and Recovery, is established to promote beverage container recycling. The act defines beverage container to mean the individual, separate bottle, can, jar, carton, or other receptacle, however denominated, in which a beverage is sold, and that is constructed of metal, glass, or plastic, or other material, or any combination of these materials, but does not include cups or other similar open or loosely sealed receptacles. The act defines reusable beverage container to mean a glass beverage container that has an established refund value and that is processed by a processor for subsequent washing for refill and sale by a beverage manufacturer. A violation of the act is a crime.This bill would require, by January 1, 2031, that no less than 5% of the volume of beverages that a beverage manufacturer sells in beverage containers in California be sold in reusable beverage containers, and that no less than 60% of that 5% be in reusable beverage containers that were returned for reuse. The bill would provide for periodic increases to those percentages. The bill would require, beginning January 1, 2025, and annually thereafter, a beverage manufacturer to report certain information to the department regarding the sale of beverages in beverage containers and reusable beverage containers, as specified. The bill would require a beverage manufacturer to make those reports publicly available on the beverage manufacturers internet website. The bill would require, beginning October 1, 2025, the department to aggregate the information provided by beverage manufacturers into an annual report, as specified. The bill would authorize one or more beverage manufacturers to form a reusable beverage container management system and to submit a plan to the department regarding their plan to comply with the requirements of this bill, as specified.By creating new requirements under the act, a violation of which would be a crime, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.The California Beverage Container Recycling and Litter Reduction Act, which is administered by the Department of Resources Recycling and Recovery, is established to promote beverage container recycling and provides for the payment, collection, and distribution of certain payments and fees based on minimum refund values established for beverage containers.The Plastic Pollution Prevention and Packaging Producer Responsibility Act covers certain single-use packaging and plastic single-use food service ware, as provided. As part of its comprehensive statutory scheme, the act requires producers of those covered materials to reduce and recycle the covered plastic material and to ensure that covered materials that are offered for sale, distributed, or imported in or into the state on or after January 1, 2032, are recyclable or compostable, as provided. The act prohibits a producer from selling, offering for sale, importing, or distributing covered materials in the state unless the producer is approved to participate in the producer responsibility plan of a producer responsibility organization, as prescribed, for the source reduction, collection, processing, and recycling of covered material, except as provided.This bill would establish the California Reusable Beverage Container Act to encourage manufacturers and distributors of beverages sold in California to reduce the sale of beverages in single-use beverage containers while concurrently increasing the sale of beverages in reusable beverage containers, as provided. The bill would require a responsible party, as defined, to form a reusable beverage container managed system (RCMS) and would require an RCMS to submit an operations and governance plan (RCMS plan) to the Department of Resources Recycling and Recovery with specified information. The bill would require the department to approve RCMS plans on or before January 1, 2027. The bill would require an RCMS to ensure an increase of beverages sold in reusable beverage containers and returned for reuse, in accordance with various rates. The bill would require the operator of an RCMS to annually report to the department, and make publicly available, certain information with regard to the sale of beverages in single-use beverage containers and in reusable beverage containers within the state, as provided. The bill would subject a responsible party that fails to join an RCMS with an RCMS plan approved by the department to civil penalties and remedial actions as determined by the department and would authorize the department to determine penalties and remedial actions that are sufficient to result in compliance with the act, as provided. | |
| 31 | 30 | ||
| 32 | 31 | The California Beverage Container Recycling and Litter Reduction Act, which is administered by the Department of Resources Recycling and Recovery, is established to promote beverage container recycling. The act defines beverage container to mean the individual, separate bottle, can, jar, carton, or other receptacle, however denominated, in which a beverage is sold, and that is constructed of metal, glass, or plastic, or other material, or any combination of these materials, but does not include cups or other similar open or loosely sealed receptacles. The act defines reusable beverage container to mean a glass beverage container that has an established refund value and that is processed by a processor for subsequent washing for refill and sale by a beverage manufacturer. A violation of the act is a crime. | |
| 33 | 32 | ||
| 34 | - | This bill would require | |
| 33 | + | This bill would require, by January 1, 2031, that no less than 5% of the volume of beverages that a beverage manufacturer sells in beverage containers in California be sold in reusable beverage containers, and that no less than 60% of that 5% be in reusable beverage containers that were returned for reuse. The bill would provide for periodic increases to those percentages. The bill would require, beginning January 1, 2025, and annually thereafter, a beverage manufacturer to report certain information to the department regarding the sale of beverages in beverage containers and reusable beverage containers, as specified. The bill would require a beverage manufacturer to make those reports publicly available on the beverage manufacturers internet website. The bill would require, beginning October 1, 2025, the department to aggregate the information provided by beverage manufacturers into an annual report, as specified. The bill would authorize one or more beverage manufacturers to form a reusable beverage container management system and to submit a plan to the department regarding their plan to comply with the requirements of this bill, as specified. | |
| 35 | 34 | ||
| 36 | 35 | By creating new requirements under the act, a violation of which would be a crime, this bill would impose a state-mandated local program. | |
| 37 | 36 | ||
| 38 | 37 | The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. | |
| 39 | 38 | ||
| 40 | 39 | This bill would provide that no reimbursement is required by this act for a specified reason. | |
| 41 | 40 | ||
| 41 | + | The California Beverage Container Recycling and Litter Reduction Act, which is administered by the Department of Resources Recycling and Recovery, is established to promote beverage container recycling and provides for the payment, collection, and distribution of certain payments and fees based on minimum refund values established for beverage containers. | |
| 42 | + | ||
| 43 | + | ||
| 44 | + | ||
| 45 | + | The Plastic Pollution Prevention and Packaging Producer Responsibility Act covers certain single-use packaging and plastic single-use food service ware, as provided. As part of its comprehensive statutory scheme, the act requires producers of those covered materials to reduce and recycle the covered plastic material and to ensure that covered materials that are offered for sale, distributed, or imported in or into the state on or after January 1, 2032, are recyclable or compostable, as provided. The act prohibits a producer from selling, offering for sale, importing, or distributing covered materials in the state unless the producer is approved to participate in the producer responsibility plan of a producer responsibility organization, as prescribed, for the source reduction, collection, processing, and recycling of covered material, except as provided. | |
| 46 | + | ||
| 47 | + | ||
| 48 | + | ||
| 49 | + | This bill would establish the California Reusable Beverage Container Act to encourage manufacturers and distributors of beverages sold in California to reduce the sale of beverages in single-use beverage containers while concurrently increasing the sale of beverages in reusable beverage containers, as provided. The bill would require a responsible party, as defined, to form a reusable beverage container managed system (RCMS) and would require an RCMS to submit an operations and governance plan (RCMS plan) to the Department of Resources Recycling and Recovery with specified information. The bill would require the department to approve RCMS plans on or before January 1, 2027. The bill would require an RCMS to ensure an increase of beverages sold in reusable beverage containers and returned for reuse, in accordance with various rates. The bill would require the operator of an RCMS to annually report to the department, and make publicly available, certain information with regard to the sale of beverages in single-use beverage containers and in reusable beverage containers within the state, as provided. The bill would subject a responsible party that fails to join an RCMS with an RCMS plan approved by the department to civil penalties and remedial actions as determined by the department and would authorize the department to determine penalties and remedial actions that are sufficient to result in compliance with the act, as provided. | |
| 50 | + | ||
| 51 | + | ||
| 52 | + | ||
| 42 | 53 | ## Digest Key | |
| 43 | 54 | ||
| 44 | 55 | ## Bill Text | |
| 45 | 56 | ||
| 46 | - | The people of the State of California do enact as follows:SECTION 1. Chapter 6.8 (commencing with Section 14579) is added to Division 12.1 of the Public Resources Code, to read: CHAPTER 6.8. Reusable Beverage Container Minimums14579. (a) A beverage manufacturer, with annual gross sales of one million dollars ($1,000,000) or more, that sells, offers for sale, or distributes a beverage in the state that is bottled in the state shall ensure that the percentage of the volume of beverages it bottles and sells in the state is bottled in reusable beverage containers at the following rates:(1) Not less than 5 percent by January 1, 2031.(2) Not less than 10 percent by January 1, 2033.(3) Not less than 25 percent by January 1, 2035.(b) A beverage manufacturer described in subdivision (a) shall bottle beverages in reusable beverage containers that have been previously sold and returned for reuse at the following rates:(1) Not less than 60 percent of the beverages it sells in reusable beverage containers by January 1, 2031. | |
| 57 | + | The people of the State of California do enact as follows:SECTION 1. Chapter 6.8 (commencing with Section 14579) is added to Division 12.1 of the Public Resources Code, to read: CHAPTER 6.8. Reusable Beverage Container Minimums14579. (a) A beverage manufacturer, with annual gross sales of one million dollars ($1,000,000) or more, that sells, offers for sale, or distributes a beverage in the state that is bottled in the state shall ensure that the percentage of the volume of beverages it bottles and sells in the state is bottled in reusable beverage containers at the following rates:(1) Not less than 5 percent by January 1, 2031.(2) Not less than 10 percent by January 1, 2033.(3) Not less than 25 percent by January 1, 2035.(b) A beverage manufacturer described in subdivision (a) shall bottle beverages in reusable beverage containers that have been previously sold and returned for reuse at the following rates:(1) Not less than 60 percent of the beverages it sells in reusable beverage containers by January 1, 2031.(2) Not less than 90 percent of the beverages it sells in reusable beverage containers by January 1, 2033.(3) Not less than 95 percent of the beverages it sells in reusable beverage containers by January 1, 2035.(c) A beverage manufacturer shall ensure compliance with subdivisions (a) and (b) for the beverages it sells.(d) (1) By January 1, 2026, and annually thereafter, a beverage manufacturer shall demonstrate compliance with this section by submitting a report to the department that includes the percentage of the total volume of beverages produced and sold in reusable beverage containers and the number of single-use beverage containers and reusable beverage containers produced and sold in California in the previous calendar year, specified by type of beverage, size of container, and container material type.(2) A beverage manufacturer shall make the report required by paragraph (1) publicly available on the beverage manufacturers internet website. The department shall aggregate the data received pursuant to paragraph (1) and annually report on the total volume of beverages sold in reusable beverage containers in California each year and returned for reuse, starting in 2025 and ending in 2031, inclusive.(e) A beverage manufacturer shall provide to the department any additional information requested by the department to ensure the reliability of the data reported and to determine the progress made towards compliance with this section.14579.1. (a) One or more beverage manufacturers may form a reusable beverage container management system for purposes of complying with this chapter.(b) A BCMS may prepare and submit a plan to the department. The plan may, but is not required to, include any of the following:(1) A governance structure for the organization that provides equitable voting power for participants.(2) An equitable financial structure.(3) The roles and responsibilities of all responsible parties participating in the BCMS.(4) How the BCMS plans to meet the reusable beverage container rates described in Section 14579 and any actions the BCMS may take related to consumer action.(5) How the BCMS plans to provide efficient collection, washing, and redistribution of reusable beverage containers, including how the organization will promote maximum ease of return of reusable beverage containers by consumers to achieve the returned-for-reuse rates described in subdivision (b) of Section 14579.(6) How the transportation needs of the BCMS plan will affect greenhouse gas emissions.(c) For purposes of this section, beverage container management system or BCMS means an operational and financial arrangement in which beverage manufacturers cooperate with dealers, dealer cooperatives, processors, recycling centers, and other necessary actors to provide an efficient managed system for the collection, sorting, washing, refilling, and redistribution of reusable beverage containers. For purposes of this definition, dealers, dealer cooperatives, processors, and recycling centers have the same meanings as in Chapter 2 (commencing with Section 14502) of Division 12.1.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.SECTION 1.Division 12.8 (commencing with Section 18020) is added to the Public Resources Code, to read:12.8.California Reusable Beverage Container Act1.General Provisions18020.(a)This division shall be known, and may be cited, as the California Reusable Beverage Container Act.(b)It is the intent of the Legislature that all provisions of this division be interpreted to encourage manufacturers and distributors of beverages sold in California to reduce the sale of beverages in single-use beverage containers while concurrently increasing the sale of beverages in reusable beverage containers.18021.For purposes of this division, the following definitions apply:(a)Department means the Department of Resources Recycling and Recovery.(b)Responsible party means a manufacturer or distributor of beverages sold, offered for sale, or distributed in the state that are bottled in the state or within 100 miles of the states border, with annual gross sales of one million dollars ($1,000,000), except that after the 25-percent reusable beverage container target in Section 18023 is met, as determined by the department, responsible party means any manufacturer or distributor of beverages sold, offered for sale, or distributed in the state that are bottled in the state or within 100 miles of the states border. For purposes of this definition, distributor and beverage manufacturer have the same meanings as in Chapter 2 (commencing with Section 14502) of Division 12.1.(c)RCMS or reusable beverage container managed system means an operational and financial arrangement in which responsible parties cooperate with dealers, dealer cooperatives, processors, recycling centers, and other necessary actors to provide an efficient managed system for the collection, sorting, washing, refilling, and redistribution of reusable beverage containers. For purposes of this definition, dealers, dealer cooperatives, processors, and recycling centers have the same meanings as in Chapter 2 (commencing with Section 14502) of Division 12.1.(d)RCMS plan means an operations and governance plan submitted to, and approved by, the department pursuant to Section 18022.2.Reusable Beverage Container Managed System and RCMS Plan18022.(a)A responsible party shall form an RCMS for the purposes of complying with this division, subject to approval of an RCMS plan by the department.(b)An RCMS shall prepare and submit an RCMS plan to the department that specifies all of the following:(1)A governance structure for the organization that provides equitable voting power for participants.(2)An equitable financial structure.(3)The roles and responsibilities of all responsible parties participating in the RCMS.(4)How the RCMS will meet the reusable beverage container rates described in Section 18023.(5)How the RCMS will ensure that all responsible parties and other participants will cooperate to ensure that efficient collection, washing, and redistribution of reusable beverage containers will be accomplished, including how the organization will ensure maximum ease of return of reusable beverage containers by consumers in order to achieve the returned-for-reuse rates described in Section 18024.(6)A demonstration of how the transportation distances within the RCMS will be limited to a distance from each bottling plant within the RCMS that ensures that the RCMS achieves greenhouse gas emissions reductions compared to the emissions of the single-use beverage bottles the system replaces.(7)The consumer education that will be implemented in order to ensure that the rates described in Sections 18023 and 18024. are met.(c)The department shall approve one or more RCMS plans on or before January 1, 2027.3.Reusable Beverage Container Managed System Requirements18023.An RCMS approved by the department pursuant to Section 18022 shall ensure an increase in the volume of beverages sold in California in reusable beverage containers from the total volume of beverages sold in California in accordance with the following rates:(a)Not less than 5 percent by January 1, 2031.(b)Not less than 10 percent by January 1, 2033.(c)Not less than 25 percent by January 1, 2035.18024.An RCMS approved by the department pursuant to Section 18022 shall ensure that the volume of reusable beverage containers sold in this state that are returned for reuse achieve the following rates:(a)Not less than 60 percent by January 1, 2031.(b)Not less than 90 percent by January 1, 2033.(c)Not less than 95 percent by January 1, 2035.4.Enforcement18025.(a)A responsible party that fails to join an RCMS with an RCMS plan approved by the department pursuant to Section 18022 is subject to civil penalties and remedial actions by the department.(b)The department shall determine civil penalties and remedial actions that are sufficient to result in compliance with the requirements of this division within two years of a failure to comply.(c)The department may administratively levy civil penalties on a responsible party as needed for the department to address a compliance failure.5.Reporting18026.(a)The operator of an RCMS shall annually report to the department, and make publicly available on the operators internet website, the information provided pursuant to subdivisions (b) and (c).(b)By January 1, 2026, and annually thereafter, each responsible party shall report to the operator of the RCMS the number of units and volume of sales of beverages in single-use beverage containers and in reusable beverage containers sold within the state in the previous year, specified by type of beverage, size of container, and container material type.(c)For the purpose of demonstrating compliance with Sections 18023 and 18024, each responsible party shall annually calculate and report to the operator of the RCMS by July 1 the number of units of sales and volumes of beverages in reusable containers sold within the state in the previous calendar year specified by type of beverage, size of container, container material type, and quantity redeemed.(d)The department may request any additional information necessary to ensure the reliability of the data reported and to determine the progress made towards compliance with Sections 18023 and 18024. | |
| 47 | 58 | ||
| 48 | 59 | The people of the State of California do enact as follows: | |
| 49 | 60 | ||
| 50 | 61 | ## The people of the State of California do enact as follows: | |
| 51 | 62 | ||
| 52 | - | SECTION 1. Chapter 6.8 (commencing with Section 14579) is added to Division 12.1 of the Public Resources Code, to read: CHAPTER 6.8. Reusable Beverage Container Minimums14579. (a) A beverage manufacturer, with annual gross sales of one million dollars ($1,000,000) or more, that sells, offers for sale, or distributes a beverage in the state that is bottled in the state shall ensure that the percentage of the volume of beverages it bottles and sells in the state is bottled in reusable beverage containers at the following rates:(1) Not less than 5 percent by January 1, 2031.(2) Not less than 10 percent by January 1, 2033.(3) Not less than 25 percent by January 1, 2035.(b) A beverage manufacturer described in subdivision (a) shall bottle beverages in reusable beverage containers that have been previously sold and returned for reuse at the following rates:(1) Not less than 60 percent of the beverages it sells in reusable beverage containers by January 1, 2031. | |
| 63 | + | SECTION 1. Chapter 6.8 (commencing with Section 14579) is added to Division 12.1 of the Public Resources Code, to read: CHAPTER 6.8. Reusable Beverage Container Minimums14579. (a) A beverage manufacturer, with annual gross sales of one million dollars ($1,000,000) or more, that sells, offers for sale, or distributes a beverage in the state that is bottled in the state shall ensure that the percentage of the volume of beverages it bottles and sells in the state is bottled in reusable beverage containers at the following rates:(1) Not less than 5 percent by January 1, 2031.(2) Not less than 10 percent by January 1, 2033.(3) Not less than 25 percent by January 1, 2035.(b) A beverage manufacturer described in subdivision (a) shall bottle beverages in reusable beverage containers that have been previously sold and returned for reuse at the following rates:(1) Not less than 60 percent of the beverages it sells in reusable beverage containers by January 1, 2031.(2) Not less than 90 percent of the beverages it sells in reusable beverage containers by January 1, 2033.(3) Not less than 95 percent of the beverages it sells in reusable beverage containers by January 1, 2035.(c) A beverage manufacturer shall ensure compliance with subdivisions (a) and (b) for the beverages it sells.(d) (1) By January 1, 2026, and annually thereafter, a beverage manufacturer shall demonstrate compliance with this section by submitting a report to the department that includes the percentage of the total volume of beverages produced and sold in reusable beverage containers and the number of single-use beverage containers and reusable beverage containers produced and sold in California in the previous calendar year, specified by type of beverage, size of container, and container material type.(2) A beverage manufacturer shall make the report required by paragraph (1) publicly available on the beverage manufacturers internet website. The department shall aggregate the data received pursuant to paragraph (1) and annually report on the total volume of beverages sold in reusable beverage containers in California each year and returned for reuse, starting in 2025 and ending in 2031, inclusive.(e) A beverage manufacturer shall provide to the department any additional information requested by the department to ensure the reliability of the data reported and to determine the progress made towards compliance with this section.14579.1. (a) One or more beverage manufacturers may form a reusable beverage container management system for purposes of complying with this chapter.(b) A BCMS may prepare and submit a plan to the department. The plan may, but is not required to, include any of the following:(1) A governance structure for the organization that provides equitable voting power for participants.(2) An equitable financial structure.(3) The roles and responsibilities of all responsible parties participating in the BCMS.(4) How the BCMS plans to meet the reusable beverage container rates described in Section 14579 and any actions the BCMS may take related to consumer action.(5) How the BCMS plans to provide efficient collection, washing, and redistribution of reusable beverage containers, including how the organization will promote maximum ease of return of reusable beverage containers by consumers to achieve the returned-for-reuse rates described in subdivision (b) of Section 14579.(6) How the transportation needs of the BCMS plan will affect greenhouse gas emissions.(c) For purposes of this section, beverage container management system or BCMS means an operational and financial arrangement in which beverage manufacturers cooperate with dealers, dealer cooperatives, processors, recycling centers, and other necessary actors to provide an efficient managed system for the collection, sorting, washing, refilling, and redistribution of reusable beverage containers. For purposes of this definition, dealers, dealer cooperatives, processors, and recycling centers have the same meanings as in Chapter 2 (commencing with Section 14502) of Division 12.1. | |
| 53 | 64 | ||
| 54 | 65 | SECTION 1. Chapter 6.8 (commencing with Section 14579) is added to Division 12.1 of the Public Resources Code, to read: | |
| 55 | 66 | ||
| 56 | 67 | ### SECTION 1. | |
| 57 | 68 | ||
| 58 | - | CHAPTER 6.8. Reusable Beverage Container Minimums14579. (a) A beverage manufacturer, with annual gross sales of one million dollars ($1,000,000) or more, that sells, offers for sale, or distributes a beverage in the state that is bottled in the state shall ensure that the percentage of the volume of beverages it bottles and sells in the state is bottled in reusable beverage containers at the following rates:(1) Not less than 5 percent by January 1, 2031.(2) Not less than 10 percent by January 1, 2033.(3) Not less than 25 percent by January 1, 2035.(b) A beverage manufacturer described in subdivision (a) shall bottle beverages in reusable beverage containers that have been previously sold and returned for reuse at the following rates:(1) Not less than 60 percent of the beverages it sells in reusable beverage containers by January 1, 2031. | |
| 69 | + | CHAPTER 6.8. Reusable Beverage Container Minimums14579. (a) A beverage manufacturer, with annual gross sales of one million dollars ($1,000,000) or more, that sells, offers for sale, or distributes a beverage in the state that is bottled in the state shall ensure that the percentage of the volume of beverages it bottles and sells in the state is bottled in reusable beverage containers at the following rates:(1) Not less than 5 percent by January 1, 2031.(2) Not less than 10 percent by January 1, 2033.(3) Not less than 25 percent by January 1, 2035.(b) A beverage manufacturer described in subdivision (a) shall bottle beverages in reusable beverage containers that have been previously sold and returned for reuse at the following rates:(1) Not less than 60 percent of the beverages it sells in reusable beverage containers by January 1, 2031.(2) Not less than 90 percent of the beverages it sells in reusable beverage containers by January 1, 2033.(3) Not less than 95 percent of the beverages it sells in reusable beverage containers by January 1, 2035.(c) A beverage manufacturer shall ensure compliance with subdivisions (a) and (b) for the beverages it sells.(d) (1) By January 1, 2026, and annually thereafter, a beverage manufacturer shall demonstrate compliance with this section by submitting a report to the department that includes the percentage of the total volume of beverages produced and sold in reusable beverage containers and the number of single-use beverage containers and reusable beverage containers produced and sold in California in the previous calendar year, specified by type of beverage, size of container, and container material type.(2) A beverage manufacturer shall make the report required by paragraph (1) publicly available on the beverage manufacturers internet website. The department shall aggregate the data received pursuant to paragraph (1) and annually report on the total volume of beverages sold in reusable beverage containers in California each year and returned for reuse, starting in 2025 and ending in 2031, inclusive.(e) A beverage manufacturer shall provide to the department any additional information requested by the department to ensure the reliability of the data reported and to determine the progress made towards compliance with this section.14579.1. (a) One or more beverage manufacturers may form a reusable beverage container management system for purposes of complying with this chapter.(b) A BCMS may prepare and submit a plan to the department. The plan may, but is not required to, include any of the following:(1) A governance structure for the organization that provides equitable voting power for participants.(2) An equitable financial structure.(3) The roles and responsibilities of all responsible parties participating in the BCMS.(4) How the BCMS plans to meet the reusable beverage container rates described in Section 14579 and any actions the BCMS may take related to consumer action.(5) How the BCMS plans to provide efficient collection, washing, and redistribution of reusable beverage containers, including how the organization will promote maximum ease of return of reusable beverage containers by consumers to achieve the returned-for-reuse rates described in subdivision (b) of Section 14579.(6) How the transportation needs of the BCMS plan will affect greenhouse gas emissions.(c) For purposes of this section, beverage container management system or BCMS means an operational and financial arrangement in which beverage manufacturers cooperate with dealers, dealer cooperatives, processors, recycling centers, and other necessary actors to provide an efficient managed system for the collection, sorting, washing, refilling, and redistribution of reusable beverage containers. For purposes of this definition, dealers, dealer cooperatives, processors, and recycling centers have the same meanings as in Chapter 2 (commencing with Section 14502) of Division 12.1. | |
| 59 | 70 | ||
| 60 | - | CHAPTER 6.8. Reusable Beverage Container Minimums14579. (a) A beverage manufacturer, with annual gross sales of one million dollars ($1,000,000) or more, that sells, offers for sale, or distributes a beverage in the state that is bottled in the state shall ensure that the percentage of the volume of beverages it bottles and sells in the state is bottled in reusable beverage containers at the following rates:(1) Not less than 5 percent by January 1, 2031.(2) Not less than 10 percent by January 1, 2033.(3) Not less than 25 percent by January 1, 2035.(b) A beverage manufacturer described in subdivision (a) shall bottle beverages in reusable beverage containers that have been previously sold and returned for reuse at the following rates:(1) Not less than 60 percent of the beverages it sells in reusable beverage containers by January 1, 2031. | |
| 71 | + | CHAPTER 6.8. Reusable Beverage Container Minimums14579. (a) A beverage manufacturer, with annual gross sales of one million dollars ($1,000,000) or more, that sells, offers for sale, or distributes a beverage in the state that is bottled in the state shall ensure that the percentage of the volume of beverages it bottles and sells in the state is bottled in reusable beverage containers at the following rates:(1) Not less than 5 percent by January 1, 2031.(2) Not less than 10 percent by January 1, 2033.(3) Not less than 25 percent by January 1, 2035.(b) A beverage manufacturer described in subdivision (a) shall bottle beverages in reusable beverage containers that have been previously sold and returned for reuse at the following rates:(1) Not less than 60 percent of the beverages it sells in reusable beverage containers by January 1, 2031.(2) Not less than 90 percent of the beverages it sells in reusable beverage containers by January 1, 2033.(3) Not less than 95 percent of the beverages it sells in reusable beverage containers by January 1, 2035.(c) A beverage manufacturer shall ensure compliance with subdivisions (a) and (b) for the beverages it sells.(d) (1) By January 1, 2026, and annually thereafter, a beverage manufacturer shall demonstrate compliance with this section by submitting a report to the department that includes the percentage of the total volume of beverages produced and sold in reusable beverage containers and the number of single-use beverage containers and reusable beverage containers produced and sold in California in the previous calendar year, specified by type of beverage, size of container, and container material type.(2) A beverage manufacturer shall make the report required by paragraph (1) publicly available on the beverage manufacturers internet website. The department shall aggregate the data received pursuant to paragraph (1) and annually report on the total volume of beverages sold in reusable beverage containers in California each year and returned for reuse, starting in 2025 and ending in 2031, inclusive.(e) A beverage manufacturer shall provide to the department any additional information requested by the department to ensure the reliability of the data reported and to determine the progress made towards compliance with this section.14579.1. (a) One or more beverage manufacturers may form a reusable beverage container management system for purposes of complying with this chapter.(b) A BCMS may prepare and submit a plan to the department. The plan may, but is not required to, include any of the following:(1) A governance structure for the organization that provides equitable voting power for participants.(2) An equitable financial structure.(3) The roles and responsibilities of all responsible parties participating in the BCMS.(4) How the BCMS plans to meet the reusable beverage container rates described in Section 14579 and any actions the BCMS may take related to consumer action.(5) How the BCMS plans to provide efficient collection, washing, and redistribution of reusable beverage containers, including how the organization will promote maximum ease of return of reusable beverage containers by consumers to achieve the returned-for-reuse rates described in subdivision (b) of Section 14579.(6) How the transportation needs of the BCMS plan will affect greenhouse gas emissions.(c) For purposes of this section, beverage container management system or BCMS means an operational and financial arrangement in which beverage manufacturers cooperate with dealers, dealer cooperatives, processors, recycling centers, and other necessary actors to provide an efficient managed system for the collection, sorting, washing, refilling, and redistribution of reusable beverage containers. For purposes of this definition, dealers, dealer cooperatives, processors, and recycling centers have the same meanings as in Chapter 2 (commencing with Section 14502) of Division 12.1. | |
| 61 | 72 | ||
| 62 | 73 | CHAPTER 6.8. Reusable Beverage Container Minimums | |
| 63 | 74 | ||
| 64 | 75 | CHAPTER 6.8. Reusable Beverage Container Minimums | |
| 65 | 76 | ||
| 66 | - | 14579. (a) A beverage manufacturer, with annual gross sales of one million dollars ($1,000,000) or more, that sells, offers for sale, or distributes a beverage in the state that is bottled in the state shall ensure that the percentage of the volume of beverages it bottles and sells in the state is bottled in reusable beverage containers at the following rates:(1) Not less than 5 percent by January 1, 2031.(2) Not less than 10 percent by January 1, 2033.(3) Not less than 25 percent by January 1, 2035.(b) A beverage manufacturer described in subdivision (a) shall bottle beverages in reusable beverage containers that have been previously sold and returned for reuse at the following rates:(1) Not less than 60 percent of the beverages it sells in reusable beverage containers by January 1, 2031. | |
| 77 | + | 14579. (a) A beverage manufacturer, with annual gross sales of one million dollars ($1,000,000) or more, that sells, offers for sale, or distributes a beverage in the state that is bottled in the state shall ensure that the percentage of the volume of beverages it bottles and sells in the state is bottled in reusable beverage containers at the following rates:(1) Not less than 5 percent by January 1, 2031.(2) Not less than 10 percent by January 1, 2033.(3) Not less than 25 percent by January 1, 2035.(b) A beverage manufacturer described in subdivision (a) shall bottle beverages in reusable beverage containers that have been previously sold and returned for reuse at the following rates:(1) Not less than 60 percent of the beverages it sells in reusable beverage containers by January 1, 2031.(2) Not less than 90 percent of the beverages it sells in reusable beverage containers by January 1, 2033.(3) Not less than 95 percent of the beverages it sells in reusable beverage containers by January 1, 2035.(c) A beverage manufacturer shall ensure compliance with subdivisions (a) and (b) for the beverages it sells.(d) (1) By January 1, 2026, and annually thereafter, a beverage manufacturer shall demonstrate compliance with this section by submitting a report to the department that includes the percentage of the total volume of beverages produced and sold in reusable beverage containers and the number of single-use beverage containers and reusable beverage containers produced and sold in California in the previous calendar year, specified by type of beverage, size of container, and container material type.(2) A beverage manufacturer shall make the report required by paragraph (1) publicly available on the beverage manufacturers internet website. The department shall aggregate the data received pursuant to paragraph (1) and annually report on the total volume of beverages sold in reusable beverage containers in California each year and returned for reuse, starting in 2025 and ending in 2031, inclusive.(e) A beverage manufacturer shall provide to the department any additional information requested by the department to ensure the reliability of the data reported and to determine the progress made towards compliance with this section. | |
| 67 | 78 | ||
| 68 | 79 | ||
| 69 | 80 | ||
| 70 | 81 | 14579. (a) A beverage manufacturer, with annual gross sales of one million dollars ($1,000,000) or more, that sells, offers for sale, or distributes a beverage in the state that is bottled in the state shall ensure that the percentage of the volume of beverages it bottles and sells in the state is bottled in reusable beverage containers at the following rates: | |
| 71 | 82 | ||
| 72 | 83 | (1) Not less than 5 percent by January 1, 2031. | |
| 73 | 84 | ||
| 74 | 85 | (2) Not less than 10 percent by January 1, 2033. | |
| 75 | 86 | ||
| 76 | 87 | (3) Not less than 25 percent by January 1, 2035. | |
| 77 | 88 | ||
| 78 | 89 | (b) A beverage manufacturer described in subdivision (a) shall bottle beverages in reusable beverage containers that have been previously sold and returned for reuse at the following rates: | |
| 79 | 90 | ||
| 80 | - | (1) Not less than 60 percent of the beverages it sells in reusable beverage containers by January 1, 2031. | |
| 91 | + | (1) Not less than 60 percent of the beverages it sells in reusable beverage containers by January 1, 2031. | |
| 81 | 92 | ||
| 82 | - | (2) Not less than 90 percent of the beverages it sells in reusable beverage containers by January 1, 2033. | |
| 93 | + | (2) Not less than 90 percent of the beverages it sells in reusable beverage containers by January 1, 2033. | |
| 83 | 94 | ||
| 84 | - | (3) Not less than 95 percent of the beverages it sells in reusable beverage containers by January 1, 2035. | |
| 95 | + | (3) Not less than 95 percent of the beverages it sells in reusable beverage containers by January 1, 2035. | |
| 85 | 96 | ||
| 86 | 97 | (c) A beverage manufacturer shall ensure compliance with subdivisions (a) and (b) for the beverages it sells. | |
| 87 | 98 | ||
| 88 | - | (d) (1) By January 1, 2026 | |
| 99 | + | (d) (1) By January 1, 2026, and annually thereafter, a beverage manufacturer shall demonstrate compliance with this section by submitting a report to the department that includes the percentage of the total volume of beverages produced and sold in reusable beverage containers and the number of single-use beverage containers and reusable beverage containers produced and sold in California in the previous calendar year, specified by type of beverage, size of container, and container material type. | |
| 89 | 100 | ||
| 90 | - | (2) A beverage manufacturer shall make the report required by paragraph (1) publicly available on the beverage manufacturers internet website. The department shall aggregate the data received pursuant to paragraph (1) and annually report on the total volume of beverages sold in reusable beverage containers in California each year and returned for reuse, starting in 2025 and ending in 2031, inclusive. | |
| 101 | + | (2) A beverage manufacturer shall make the report required by paragraph (1) publicly available on the beverage manufacturers internet website. The department shall aggregate the data received pursuant to paragraph (1) and annually report on the total volume of beverages sold in reusable beverage containers in California each year and returned for reuse, starting in 2025 and ending in 2031, inclusive. | |
| 91 | 102 | ||
| 92 | 103 | (e) A beverage manufacturer shall provide to the department any additional information requested by the department to ensure the reliability of the data reported and to determine the progress made towards compliance with this section. | |
| 93 | 104 | ||
| 94 | - | 14579.1. (a) One or more beverage manufacturers may form a reusable beverage container management system for purposes of complying with this chapter.(b) A BCMS may prepare and submit a plan to the department. The plan may, but is not required to, include any of the following:(1) A governance structure for the organization that provides equitable voting power for participants.(2) An equitable financial structure.(3) The roles and responsibilities of all responsible parties | |
| 105 | + | 14579.1. (a) One or more beverage manufacturers may form a reusable beverage container management system for purposes of complying with this chapter.(b) A BCMS may prepare and submit a plan to the department. The plan may, but is not required to, include any of the following:(1) A governance structure for the organization that provides equitable voting power for participants.(2) An equitable financial structure.(3) The roles and responsibilities of all responsible parties participating in the BCMS.(4) How the BCMS plans to meet the reusable beverage container rates described in Section 14579 and any actions the BCMS may take related to consumer action.(5) How the BCMS plans to provide efficient collection, washing, and redistribution of reusable beverage containers, including how the organization will promote maximum ease of return of reusable beverage containers by consumers to achieve the returned-for-reuse rates described in subdivision (b) of Section 14579.(6) How the transportation needs of the BCMS plan will affect greenhouse gas emissions.(c) For purposes of this section, beverage container management system or BCMS means an operational and financial arrangement in which beverage manufacturers cooperate with dealers, dealer cooperatives, processors, recycling centers, and other necessary actors to provide an efficient managed system for the collection, sorting, washing, refilling, and redistribution of reusable beverage containers. For purposes of this definition, dealers, dealer cooperatives, processors, and recycling centers have the same meanings as in Chapter 2 (commencing with Section 14502) of Division 12.1. | |
| 95 | 106 | ||
| 96 | 107 | ||
| 97 | 108 | ||
| 98 | 109 | 14579.1. (a) One or more beverage manufacturers may form a reusable beverage container management system for purposes of complying with this chapter. | |
| 99 | 110 | ||
| 100 | 111 | (b) A BCMS may prepare and submit a plan to the department. The plan may, but is not required to, include any of the following: | |
| 101 | 112 | ||
| 102 | 113 | (1) A governance structure for the organization that provides equitable voting power for participants. | |
| 103 | 114 | ||
| 104 | 115 | (2) An equitable financial structure. | |
| 105 | 116 | ||
| 106 | - | (3) The roles and responsibilities of all responsible parties | |
| 117 | + | (3) The roles and responsibilities of all responsible parties participating in the BCMS. | |
| 107 | 118 | ||
| 108 | 119 | (4) How the BCMS plans to meet the reusable beverage container rates described in Section 14579 and any actions the BCMS may take related to consumer action. | |
| 109 | 120 | ||
| 110 | 121 | (5) How the BCMS plans to provide efficient collection, washing, and redistribution of reusable beverage containers, including how the organization will promote maximum ease of return of reusable beverage containers by consumers to achieve the returned-for-reuse rates described in subdivision (b) of Section 14579. | |
| 111 | 122 | ||
| 112 | 123 | (6) How the transportation needs of the BCMS plan will affect greenhouse gas emissions. | |
| 113 | 124 | ||
| 114 | 125 | (c) For purposes of this section, beverage container management system or BCMS means an operational and financial arrangement in which beverage manufacturers cooperate with dealers, dealer cooperatives, processors, recycling centers, and other necessary actors to provide an efficient managed system for the collection, sorting, washing, refilling, and redistribution of reusable beverage containers. For purposes of this definition, dealers, dealer cooperatives, processors, and recycling centers have the same meanings as in Chapter 2 (commencing with Section 14502) of Division 12.1. | |
| 115 | 126 | ||
| 116 | 127 | SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. | |
| 117 | 128 | ||
| 118 | 129 | SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. | |
| 119 | 130 | ||
| 120 | 131 | SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. | |
| 121 | 132 | ||
| 122 | 133 | ### SEC. 2. | |
| 134 | + | ||
| 135 | + | ||
| 136 | + | ||
| 137 | + | ||
| 138 | + | ||
| 139 | + | ||
| 140 | + | ||
| 141 | + | ||
| 142 | + | ||
| 143 | + | (a)This division shall be known, and may be cited, as the California Reusable Beverage Container Act. | |
| 144 | + | ||
| 145 | + | ||
| 146 | + | ||
| 147 | + | (b)It is the intent of the Legislature that all provisions of this division be interpreted to encourage manufacturers and distributors of beverages sold in California to reduce the sale of beverages in single-use beverage containers while concurrently increasing the sale of beverages in reusable beverage containers. | |
| 148 | + | ||
| 149 | + | ||
| 150 | + | ||
| 151 | + | ||
| 152 | + | ||
| 153 | + | For purposes of this division, the following definitions apply: | |
| 154 | + | ||
| 155 | + | ||
| 156 | + | ||
| 157 | + | (a)Department means the Department of Resources Recycling and Recovery. | |
| 158 | + | ||
| 159 | + | ||
| 160 | + | ||
| 161 | + | (b)Responsible party means a manufacturer or distributor of beverages sold, offered for sale, or distributed in the state that are bottled in the state or within 100 miles of the states border, with annual gross sales of one million dollars ($1,000,000), except that after the 25-percent reusable beverage container target in Section 18023 is met, as determined by the department, responsible party means any manufacturer or distributor of beverages sold, offered for sale, or distributed in the state that are bottled in the state or within 100 miles of the states border. For purposes of this definition, distributor and beverage manufacturer have the same meanings as in Chapter 2 (commencing with Section 14502) of Division 12.1. | |
| 162 | + | ||
| 163 | + | ||
| 164 | + | ||
| 165 | + | (c)RCMS or reusable beverage container managed system means an operational and financial arrangement in which responsible parties cooperate with dealers, dealer cooperatives, processors, recycling centers, and other necessary actors to provide an efficient managed system for the collection, sorting, washing, refilling, and redistribution of reusable beverage containers. For purposes of this definition, dealers, dealer cooperatives, processors, and recycling centers have the same meanings as in Chapter 2 (commencing with Section 14502) of Division 12.1. | |
| 166 | + | ||
| 167 | + | ||
| 168 | + | ||
| 169 | + | (d)RCMS plan means an operations and governance plan submitted to, and approved by, the department pursuant to Section 18022. | |
| 170 | + | ||
| 171 | + | ||
| 172 | + | ||
| 173 | + | ||
| 174 | + | ||
| 175 | + | ||
| 176 | + | ||
| 177 | + | (a)A responsible party shall form an RCMS for the purposes of complying with this division, subject to approval of an RCMS plan by the department. | |
| 178 | + | ||
| 179 | + | ||
| 180 | + | ||
| 181 | + | (b)An RCMS shall prepare and submit an RCMS plan to the department that specifies all of the following: | |
| 182 | + | ||
| 183 | + | ||
| 184 | + | ||
| 185 | + | (1)A governance structure for the organization that provides equitable voting power for participants. | |
| 186 | + | ||
| 187 | + | ||
| 188 | + | ||
| 189 | + | (2)An equitable financial structure. | |
| 190 | + | ||
| 191 | + | ||
| 192 | + | ||
| 193 | + | (3)The roles and responsibilities of all responsible parties participating in the RCMS. | |
| 194 | + | ||
| 195 | + | ||
| 196 | + | ||
| 197 | + | (4)How the RCMS will meet the reusable beverage container rates described in Section 18023. | |
| 198 | + | ||
| 199 | + | ||
| 200 | + | ||
| 201 | + | (5)How the RCMS will ensure that all responsible parties and other participants will cooperate to ensure that efficient collection, washing, and redistribution of reusable beverage containers will be accomplished, including how the organization will ensure maximum ease of return of reusable beverage containers by consumers in order to achieve the returned-for-reuse rates described in Section 18024. | |
| 202 | + | ||
| 203 | + | ||
| 204 | + | ||
| 205 | + | (6)A demonstration of how the transportation distances within the RCMS will be limited to a distance from each bottling plant within the RCMS that ensures that the RCMS achieves greenhouse gas emissions reductions compared to the emissions of the single-use beverage bottles the system replaces. | |
| 206 | + | ||
| 207 | + | ||
| 208 | + | ||
| 209 | + | (7)The consumer education that will be implemented in order to ensure that the rates described in Sections 18023 and 18024. are met. | |
| 210 | + | ||
| 211 | + | ||
| 212 | + | ||
| 213 | + | (c)The department shall approve one or more RCMS plans on or before January 1, 2027. | |
| 214 | + | ||
| 215 | + | ||
| 216 | + | ||
| 217 | + | ||
| 218 | + | ||
| 219 | + | ||
| 220 | + | ||
| 221 | + | An RCMS approved by the department pursuant to Section 18022 shall ensure an increase in the volume of beverages sold in California in reusable beverage containers from the total volume of beverages sold in California in accordance with the following rates: | |
| 222 | + | ||
| 223 | + | ||
| 224 | + | ||
| 225 | + | (a)Not less than 5 percent by January 1, 2031. | |
| 226 | + | ||
| 227 | + | ||
| 228 | + | ||
| 229 | + | (b)Not less than 10 percent by January 1, 2033. | |
| 230 | + | ||
| 231 | + | ||
| 232 | + | ||
| 233 | + | (c)Not less than 25 percent by January 1, 2035. | |
| 234 | + | ||
| 235 | + | ||
| 236 | + | ||
| 237 | + | ||
| 238 | + | ||
| 239 | + | An RCMS approved by the department pursuant to Section 18022 shall ensure that the volume of reusable beverage containers sold in this state that are returned for reuse achieve the following rates: | |
| 240 | + | ||
| 241 | + | ||
| 242 | + | ||
| 243 | + | (a)Not less than 60 percent by January 1, 2031. | |
| 244 | + | ||
| 245 | + | ||
| 246 | + | ||
| 247 | + | (b)Not less than 90 percent by January 1, 2033. | |
| 248 | + | ||
| 249 | + | ||
| 250 | + | ||
| 251 | + | (c)Not less than 95 percent by January 1, 2035. | |
| 252 | + | ||
| 253 | + | ||
| 254 | + | ||
| 255 | + | ||
| 256 | + | ||
| 257 | + | ||
| 258 | + | ||
| 259 | + | (a)A responsible party that fails to join an RCMS with an RCMS plan approved by the department pursuant to Section 18022 is subject to civil penalties and remedial actions by the department. | |
| 260 | + | ||
| 261 | + | ||
| 262 | + | ||
| 263 | + | (b)The department shall determine civil penalties and remedial actions that are sufficient to result in compliance with the requirements of this division within two years of a failure to comply. | |
| 264 | + | ||
| 265 | + | ||
| 266 | + | ||
| 267 | + | (c)The department may administratively levy civil penalties on a responsible party as needed for the department to address a compliance failure. | |
| 268 | + | ||
| 269 | + | ||
| 270 | + | ||
| 271 | + | ||
| 272 | + | ||
| 273 | + | ||
| 274 | + | ||
| 275 | + | (a)The operator of an RCMS shall annually report to the department, and make publicly available on the operators internet website, the information provided pursuant to subdivisions (b) and (c). | |
| 276 | + | ||
| 277 | + | ||
| 278 | + | ||
| 279 | + | (b)By January 1, 2026, and annually thereafter, each responsible party shall report to the operator of the RCMS the number of units and volume of sales of beverages in single-use beverage containers and in reusable beverage containers sold within the state in the previous year, specified by type of beverage, size of container, and container material type. | |
| 280 | + | ||
| 281 | + | ||
| 282 | + | ||
| 283 | + | (c)For the purpose of demonstrating compliance with Sections 18023 and 18024, each responsible party shall annually calculate and report to the operator of the RCMS by July 1 the number of units of sales and volumes of beverages in reusable containers sold within the state in the previous calendar year specified by type of beverage, size of container, container material type, and quantity redeemed. | |
| 284 | + | ||
| 285 | + | ||
| 286 | + | ||
| 287 | + | (d)The department may request any additional information necessary to ensure the reliability of the data reported and to determine the progress made towards compliance with Sections 18023 and 18024. |