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| 1 | - | Amended IN Assembly | |
| 1 | + | Amended IN Assembly March 15, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 891Introduced by Assembly Member IrwinFebruary 14, 2023 An act to amend Section 14549.3 of, and to add Section 14547.1 to Sections 14547.1 and 14547.2 to, the Public Resources Code, relating to recycling.LEGISLATIVE COUNSEL'S DIGESTAB 891, as amended, Irwin. Beverage container recycling: nonpetroleum materials. The(1) The California Beverage Container Recycling and Litter Reduction Act, which is administered by the Department of Resource Recovery and Recycling, is established to promote beverage container recycling. The act requires plastic beverage containers, as defined, to contain an average of 15% of postconsumer recycled plastic per year. The act provides for periodic increases in the required percentage. The act increases the required percentage to 25% for each year from January 1, 2025, to December 31, 2029, and to 50% on and after January 1, 2030. The act requires a beverage manufacturer to pay to the department a processing fee for each beverage container sold or transferred and requires the department to distribute those fees, with other moneys, as processing payments to processors and recycling centers.This bill would provide that it is the policy goal of the state that the total number of plastic beverage containers filled with a beverage sold by a beverage manufacturer, as specified, contain, on average, no less than an unspecified percentage of nonpetroleum materials, by January 1, 2026, and no less than an unspecified percentage of nonpetroleum materials by January 1, 2030. The bill would define nonpetroleum materials for this purpose.The bill would authorize the department to identify incentives to encourage beverage manufacturers to use nonpetroleum materials in their beverage containers, as provided.Beginning January 1, 2025, this bill would require the department to provide a 10% reduction in the processing fee applicable to the percentage of a beverage container, by weight, that derives from nonpetroleum biomaterials. The bill would require that percentage to be certified by an independent third party, as specified. The bill would require the department to charge a fee to cover its reasonable costs of implementing these provisions. (2) The act annually requires, on or before March 1, a manufacturer of a beverage sold in a plastic beverage container subject to the California Redemption Value to report to the department the amount of virgin plastic and postconsumer recycled plastic used by the manufacturer for plastic beverage containers subject to the California Redemption Value for sale in the state in the previous calendar year. Existing law requires the department to post this information on its internet website within 45 days. This bill would also authorize a beverage manufacturer to report to the department, in pounds and by resin type, the amount of virgin plastic derived from nonpetroleum biomaterials for plastic beverage containers subject to the California Redemption Value for sale in the state in the previous calendar year.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. The Legislature finds and declares all of the following:(a) Solutions are needed to reduce and ultimately eliminate the environmental impacts that result from petroleum-derived plastic extraction, refining, and production. As they relate to plastic beverage containers, those solutions are increasingly technically feasible.(b) Solutions include source reduction, recycling and using the maximum feasible amount of postconsumer recycled material, and displacing the remaining petroleum-derived virgin material content from the postconsumer, postindustrial, and postagricultural biomaterial that are fully compatible with recycling.(c) California has already demonstrated global environmental leadership in this area by implementing recycled content standards that equal or exceed the highest levels in the world.(d) California can extend this global environmental leadership by establishing standards and incentives for increasing the use of nonpetroleum-derived biomaterial in plastic beverage containers while reducing carbon footprints and without compromising the states closed loop recyclability goals.(e) In combination, California has the potential to eliminate reliance on petroleum-derived plastic and realize 100-percent circularity for plastic beverage containers, and to transition the state towards materials independence and supply chain security.(f) Additionally, California has the opportunity to model this potential for other jurisdictions and for other plastic packaging.SECTION 1.SEC. 2. Section 14547.1 is added to the Public Resources Code, to read:14547.1. (a) For the purposes of this section, nonpetroleum materials biomaterials means materials produced from nonpetroleum feedstocks not fit for human or animal consumption that provide biobased or biogenic carbon as referenced in ASTM International (ASTM) D6866-22. Nonpetroleum materials(1) Nonpetroleum biomaterials include any of the following:(1)(A) Agricultural crop residues.(2)(B) Bark, lawn, yard, and garden clippings.(3)(C) Leaves, silvicultural residue, and tree and brush pruning.(4)(D) Wood, wood chips, and wood paste.(5)(E) Nonrecyclable pulp and nonrecyclable paper materials.(6)(F) Old corrugated cardboard. cardboard that cannot be feasibly recycled.(7)(G) Cotton waste products.(b)Notwithstanding any other section of this chapter, the policy goal of the state is as follows:(1)On or before January 1, 2026, the total number of plastic beverage containers filled with a beverage sold by a beverage manufacturer subject to the California Redemption Value, pursuant to Chapter 5 (commencing with Section 14560), for sale in the state shall, on average, contain no less than ____ percent nonpetroleum materials.(2)On or before January 1, 2030, the total number of plastic beverage containers filled with a beverage sold by a beverage manufacturer subject to the California Redemption Value, pursuant to Chapter 5 (commencing with Section 14560), for sale in the state shall, on average, contain no less than ____ percent nonpetroleum materials.(c)The department may, within its discretion, identify incentives under its existing authority to encourage beverage manufacturers to source from nonpetroleum materials for the production of their beverage containers.(H) Other nonpetroleum biomaterials authorized by the department.(2) Nonpetroleum biomaterials does not include any of the following:(A) Crops grown for the express purpose of creating feedstocks pursuant to this section.(B) Materials or processes that undermine or contaminate the recyclability of a plastic container.(b) Beginning January 1, 2025, a beverage manufacturer shall receive a reduction in the processing fee imposed by Section 14575 if the beverage container is both derived from nonpetroleum materials and subject to the California Redemption Value. The processing fee reduction shall be made in accordance with all of the following:(1) The processing fee reduction shall be equal to 10 percent of the processing fee applicable only to the certified percentage of the beverage container, by weight, that derives from nonpetroleum biomaterials.(2) A third-party certification entity shall certify the percentage of the beverage container, by weight, that derives from nonpetroleum biomaterials. A third-party certification entity shall be independent and accredited as either a competent testing laboratory pursuant to ISO/IEC 17025 or as a certification body pursuant to ISO/IEC 17065 of the International Organization for Standardization.(3) The department shall accept a certification that complies with paragraph (2) and use it to calculate the processing fee reduction. The department shall not accept or use a certification if it does not comply with paragraph (2) or if it is not accompanied by the fee authorized by subdivision (c).(c) The department shall charge a fee to a beverage manufacturer applying for a processing fee reduction pursuant to this chapter. The fee shall be sufficient to cover, but not exceed, the departments reasonable costs to implement this section.SEC. 3. Section 14547.2 is added to the Public Resources Code, to read:14547.2. It is the intent of the Legislature that beverage manufacturers transition towards increasing levels of nonpetroleum biomaterials when producing recyclable plastic beverage containers subject to the California Redemption Value, pursuant to Chapter 5 (commencing with Section 14560), with a companywide and industrywide goal of 15 percent or more of the virgin plastic portion of material used being nonpetroleum biomaterials by January 1, 2030.SEC. 4. Section 14549.3 of the Public Resources Code is amended to read:14549.3. (a) (1) On or before March 1 of each year, a manufacturer of a beverage sold in a plastic beverage container subject to the California Redemption Value, pursuant to Chapter 5 (commencing with Section 14560), shall report to the department the amount in pounds and by resin type of virgin plastic and postconsumer recycled plastic used by the manufacturer for plastic beverage containers subject to the California Redemption Value for sale in the state in the previous calendar year. The manufacturer shall submit this information to the department under penalty of perjury pursuant to standardized forms in the form and manner prescribed by the department.(2) In addition to the information required by paragraph (1), a beverage manufacturer may also report to the department, in pounds and by resin type, the amount of virgin plastic derived from nonpetroleum biomaterials used for plastic beverage containers subject to the California Redemption Value for sale in the state in the previous calendar year.(3) For purposes of this subdivision, nonpetroleum biomaterials has the same meaning as defined in Section 14547.1.(b) On or before March 1, 2024, and annually thereafter, a plastic material reclaimer shall report to the department the amount in pounds and by resin type of empty plastic beverage containers subject to the California Redemption Value, pursuant to Chapter 5 (commencing with Section 14560), that the plastic material reclaimer has collected and sold in the previous calendar year. The report shall specify the amount in pounds and by resin type of empty plastic containers sold in the state for beverage processing. The plastic material reclaimer shall submit this information to the department under penalty of perjury pursuant to standardized forms in the form and manner prescribed by the department.(c) On or before March 1, 2024, and annually thereafter, a manufacturer of postconsumer recycled plastic shall report to the department the amount in pounds of food-grade flake, pellet, sheet, fines, or other forms that were sold in the previous calendar year and their capacity to produce food-grade material. The report shall specify the amount in pounds of material that meets beverage manufacturer specifications for bottle-grade material. The report shall include the amount in pounds of food-grade material sold in the state for beverage processing. The manufacturer shall submit this information to the department under penalty of perjury pursuant to standardized forms in the form and manner prescribed by the department.(d) The department shall post the information reported pursuant to subdivision (a) within 45 days on the departments internet website.(e) This section does not apply to a refillable plastic beverage container. | |
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| 3 | + | Amended IN Assembly March 15, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 891Introduced by Assembly Member IrwinFebruary 14, 2023 An act to amend Section 14549.3 of, and to add Section 14547.1 to Sections 14547.1 and 14547.2 to, the Public Resources Code, relating to recycling.LEGISLATIVE COUNSEL'S DIGESTAB 891, as amended, Irwin. Beverage container recycling: nonpetroleum materials. The(1) The California Beverage Container Recycling and Litter Reduction Act, which is administered by the Department of Resource Recovery and Recycling, is established to promote beverage container recycling. The act requires plastic beverage containers, as defined, to contain an average of 15% of postconsumer recycled plastic per year. The act provides for periodic increases in the required percentage. The act increases the required percentage to 25% for each year from January 1, 2025, to December 31, 2029, and to 50% on and after January 1, 2030. The act requires a beverage manufacturer to pay to the department a processing fee for each beverage container sold or transferred and requires the department to distribute those fees, with other moneys, as processing payments to processors and recycling centers.This bill would provide that it is the policy goal of the state that the total number of plastic beverage containers filled with a beverage sold by a beverage manufacturer, as specified, contain, on average, no less than an unspecified percentage of nonpetroleum materials, by January 1, 2026, and no less than an unspecified percentage of nonpetroleum materials by January 1, 2030. The bill would define nonpetroleum materials for this purpose.The bill would authorize the department to identify incentives to encourage beverage manufacturers to use nonpetroleum materials in their beverage containers, as provided.Beginning January 1, 2025, this bill would require the department to provide a 10% reduction in the processing fee applicable to the percentage of a beverage container, by weight, that derives from nonpetroleum biomaterials. The bill would require that percentage to be certified by an independent third party, as specified. The bill would require the department to charge a fee to cover its reasonable costs of implementing these provisions. (2) The act annually requires, on or before March 1, a manufacturer of a beverage sold in a plastic beverage container subject to the California Redemption Value to report to the department the amount of virgin plastic and postconsumer recycled plastic used by the manufacturer for plastic beverage containers subject to the California Redemption Value for sale in the state in the previous calendar year. Existing law requires the department to post this information on its internet website within 45 days. This bill would also authorize a beverage manufacturer to report to the department, in pounds and by resin type, the amount of virgin plastic derived from nonpetroleum biomaterials for plastic beverage containers subject to the California Redemption Value for sale in the state in the previous calendar year.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Assembly March 15, 2023 | |
| 6 | 6 | ||
| 7 | - | Amended IN Assembly April 12, 2023 | |
| 8 | 7 | Amended IN Assembly March 15, 2023 | |
| 9 | 8 | ||
| 10 | 9 | CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION | |
| 11 | 10 | ||
| 12 | 11 | Assembly Bill | |
| 13 | 12 | ||
| 14 | 13 | No. 891 | |
| 15 | 14 | ||
| 16 | 15 | Introduced by Assembly Member IrwinFebruary 14, 2023 | |
| 17 | 16 | ||
| 18 | 17 | Introduced by Assembly Member Irwin | |
| 19 | 18 | February 14, 2023 | |
| 20 | 19 | ||
| 21 | - | An act to amend Section 14549.3 of, and to add Sections 14547.1 and 14547.2 to, the Public Resources Code, relating to recycling. | |
| 20 | + | An act to amend Section 14549.3 of, and to add Section 14547.1 to Sections 14547.1 and 14547.2 to, the Public Resources Code, relating to recycling. | |
| 22 | 21 | ||
| 23 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 24 | 23 | ||
| 25 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 26 | 25 | ||
| 27 | 26 | AB 891, as amended, Irwin. Beverage container recycling: nonpetroleum materials. | |
| 28 | 27 | ||
| 29 | - | (1) The California Beverage Container Recycling and Litter Reduction Act, which is administered by the Department of Resource Recovery and Recycling, is established to promote beverage container recycling. The act requires a beverage manufacturer to pay to the department a processing fee for each beverage container sold or transferred and requires the department to distribute those fees, with other moneys, as processing payments to processors and recycling centers.Beginning January 1, 2025, this bill would require the department to provide a 10% reduction in the processing fee applicable to the percentage of a beverage container, by weight, that derives from nonpetroleum biomaterials. | |
| 28 | + | The(1) The California Beverage Container Recycling and Litter Reduction Act, which is administered by the Department of Resource Recovery and Recycling, is established to promote beverage container recycling. The act requires plastic beverage containers, as defined, to contain an average of 15% of postconsumer recycled plastic per year. The act provides for periodic increases in the required percentage. The act increases the required percentage to 25% for each year from January 1, 2025, to December 31, 2029, and to 50% on and after January 1, 2030. The act requires a beverage manufacturer to pay to the department a processing fee for each beverage container sold or transferred and requires the department to distribute those fees, with other moneys, as processing payments to processors and recycling centers.This bill would provide that it is the policy goal of the state that the total number of plastic beverage containers filled with a beverage sold by a beverage manufacturer, as specified, contain, on average, no less than an unspecified percentage of nonpetroleum materials, by January 1, 2026, and no less than an unspecified percentage of nonpetroleum materials by January 1, 2030. The bill would define nonpetroleum materials for this purpose.The bill would authorize the department to identify incentives to encourage beverage manufacturers to use nonpetroleum materials in their beverage containers, as provided.Beginning January 1, 2025, this bill would require the department to provide a 10% reduction in the processing fee applicable to the percentage of a beverage container, by weight, that derives from nonpetroleum biomaterials. The bill would require that percentage to be certified by an independent third party, as specified. The bill would require the department to charge a fee to cover its reasonable costs of implementing these provisions. (2) The act annually requires, on or before March 1, a manufacturer of a beverage sold in a plastic beverage container subject to the California Redemption Value to report to the department the amount of virgin plastic and postconsumer recycled plastic used by the manufacturer for plastic beverage containers subject to the California Redemption Value for sale in the state in the previous calendar year. Existing law requires the department to post this information on its internet website within 45 days. This bill would also authorize a beverage manufacturer to report to the department, in pounds and by resin type, the amount of virgin plastic derived from nonpetroleum biomaterials for plastic beverage containers subject to the California Redemption Value for sale in the state in the previous calendar year. | |
| 30 | 29 | ||
| 31 | - | ||
| 30 | + | The | |
| 32 | 31 | ||
| 33 | - | Beginning January 1, 2025, this bill would require the department to provide a 10% reduction in the processing fee applicable to the percentage of a beverage container, by weight, that derives from nonpetroleum biomaterials. biomaterials, not to exceed 50% of the total beverage container weight sold. The bill would require that percentage to be certified by an independent third party, an independent third party to certify the recyclability and percentage of nonpetroleum biomaterials used in beverage containers, as specified. The bill would require the department to charge a fee to cover its reasonable costs of implementing these provisions. | |
| 32 | + | ||
| 33 | + | ||
| 34 | + | (1) The California Beverage Container Recycling and Litter Reduction Act, which is administered by the Department of Resource Recovery and Recycling, is established to promote beverage container recycling. The act requires plastic beverage containers, as defined, to contain an average of 15% of postconsumer recycled plastic per year. The act provides for periodic increases in the required percentage. The act increases the required percentage to 25% for each year from January 1, 2025, to December 31, 2029, and to 50% on and after January 1, 2030. The act requires a beverage manufacturer to pay to the department a processing fee for each beverage container sold or transferred and requires the department to distribute those fees, with other moneys, as processing payments to processors and recycling centers. | |
| 35 | + | ||
| 36 | + | This bill would provide that it is the policy goal of the state that the total number of plastic beverage containers filled with a beverage sold by a beverage manufacturer, as specified, contain, on average, no less than an unspecified percentage of nonpetroleum materials, by January 1, 2026, and no less than an unspecified percentage of nonpetroleum materials by January 1, 2030. The bill would define nonpetroleum materials for this purpose. | |
| 37 | + | ||
| 38 | + | ||
| 39 | + | ||
| 40 | + | The bill would authorize the department to identify incentives to encourage beverage manufacturers to use nonpetroleum materials in their beverage containers, as provided. | |
| 41 | + | ||
| 42 | + | ||
| 43 | + | ||
| 44 | + | Beginning January 1, 2025, this bill would require the department to provide a 10% reduction in the processing fee applicable to the percentage of a beverage container, by weight, that derives from nonpetroleum biomaterials. The bill would require that percentage to be certified by an independent third party, as specified. The bill would require the department to charge a fee to cover its reasonable costs of implementing these provisions. | |
| 34 | 45 | ||
| 35 | 46 | (2) The act annually requires, on or before March 1, a manufacturer of a beverage sold in a plastic beverage container subject to the California Redemption Value to report to the department the amount of virgin plastic and postconsumer recycled plastic used by the manufacturer for plastic beverage containers subject to the California Redemption Value for sale in the state in the previous calendar year. Existing law requires the department to post this information on its internet website within 45 days. | |
| 36 | 47 | ||
| 37 | 48 | This bill would also authorize a beverage manufacturer to report to the department, in pounds and by resin type, the amount of virgin plastic derived from nonpetroleum biomaterials for plastic beverage containers subject to the California Redemption Value for sale in the state in the previous calendar year. | |
| 38 | 49 | ||
| 39 | 50 | ## Digest Key | |
| 40 | 51 | ||
| 41 | 52 | ## Bill Text | |
| 42 | 53 | ||
| 43 | - | The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) Solutions are needed to reduce and ultimately eliminate the environmental impacts that result from petroleum-derived plastic extraction, refining, and production. As they relate to plastic beverage containers, those solutions are increasingly technically feasible.(b) Solutions include source reduction, recycling and using the maximum feasible amount of postconsumer recycled material, and displacing the remaining petroleum-derived virgin material content from the postconsumer, postindustrial, and postagricultural biomaterial that are fully compatible with recycling.(c) California has already demonstrated global environmental leadership in this area by implementing recycled content standards that equal or exceed the highest levels in the world.(d) California can extend this global environmental leadership by establishing standards and incentives for increasing the use of nonpetroleum-derived biomaterial in plastic beverage containers while reducing carbon footprints and without compromising the states closed loop recyclability goals.(e) In combination, California has the potential to eliminate reliance on petroleum-derived plastic and realize 100-percent circularity for plastic beverage containers, and to transition the state towards materials independence and supply chain security.(f) Additionally, California has the opportunity to model this potential for other jurisdictions and for other plastic packaging.SEC. 2. Section 14547.1 is added to the Public Resources Code, to read:14547.1. (a) For the purposes of this section, nonpetroleum biomaterials means materials produced from nonpetroleum feedstocks not fit for human or animal consumption that provide biobased or biogenic carbon as referenced in ASTM International (ASTM) D6866-22.(1) Nonpetroleum biomaterials include any of the following:(A) Agricultural crop residues.(B) Bark, lawn, yard, and garden clippings.(C) Leaves, silvicultural residue, and tree and brush pruning.(D) Wood, wood chips, and wood paste. waste | |
| 54 | + | The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) Solutions are needed to reduce and ultimately eliminate the environmental impacts that result from petroleum-derived plastic extraction, refining, and production. As they relate to plastic beverage containers, those solutions are increasingly technically feasible.(b) Solutions include source reduction, recycling and using the maximum feasible amount of postconsumer recycled material, and displacing the remaining petroleum-derived virgin material content from the postconsumer, postindustrial, and postagricultural biomaterial that are fully compatible with recycling.(c) California has already demonstrated global environmental leadership in this area by implementing recycled content standards that equal or exceed the highest levels in the world.(d) California can extend this global environmental leadership by establishing standards and incentives for increasing the use of nonpetroleum-derived biomaterial in plastic beverage containers while reducing carbon footprints and without compromising the states closed loop recyclability goals.(e) In combination, California has the potential to eliminate reliance on petroleum-derived plastic and realize 100-percent circularity for plastic beverage containers, and to transition the state towards materials independence and supply chain security.(f) Additionally, California has the opportunity to model this potential for other jurisdictions and for other plastic packaging.SECTION 1.SEC. 2. Section 14547.1 is added to the Public Resources Code, to read:14547.1. (a) For the purposes of this section, nonpetroleum materials biomaterials means materials produced from nonpetroleum feedstocks not fit for human or animal consumption that provide biobased or biogenic carbon as referenced in ASTM International (ASTM) D6866-22. Nonpetroleum materials(1) Nonpetroleum biomaterials include any of the following:(1)(A) Agricultural crop residues.(2)(B) Bark, lawn, yard, and garden clippings.(3)(C) Leaves, silvicultural residue, and tree and brush pruning.(4)(D) Wood, wood chips, and wood paste.(5)(E) Nonrecyclable pulp and nonrecyclable paper materials.(6)(F) Old corrugated cardboard. cardboard that cannot be feasibly recycled.(7)(G) Cotton waste products.(b)Notwithstanding any other section of this chapter, the policy goal of the state is as follows:(1)On or before January 1, 2026, the total number of plastic beverage containers filled with a beverage sold by a beverage manufacturer subject to the California Redemption Value, pursuant to Chapter 5 (commencing with Section 14560), for sale in the state shall, on average, contain no less than ____ percent nonpetroleum materials.(2)On or before January 1, 2030, the total number of plastic beverage containers filled with a beverage sold by a beverage manufacturer subject to the California Redemption Value, pursuant to Chapter 5 (commencing with Section 14560), for sale in the state shall, on average, contain no less than ____ percent nonpetroleum materials.(c)The department may, within its discretion, identify incentives under its existing authority to encourage beverage manufacturers to source from nonpetroleum materials for the production of their beverage containers.(H) Other nonpetroleum biomaterials authorized by the department.(2) Nonpetroleum biomaterials does not include any of the following:(A) Crops grown for the express purpose of creating feedstocks pursuant to this section.(B) Materials or processes that undermine or contaminate the recyclability of a plastic container.(b) Beginning January 1, 2025, a beverage manufacturer shall receive a reduction in the processing fee imposed by Section 14575 if the beverage container is both derived from nonpetroleum materials and subject to the California Redemption Value. The processing fee reduction shall be made in accordance with all of the following:(1) The processing fee reduction shall be equal to 10 percent of the processing fee applicable only to the certified percentage of the beverage container, by weight, that derives from nonpetroleum biomaterials.(2) A third-party certification entity shall certify the percentage of the beverage container, by weight, that derives from nonpetroleum biomaterials. A third-party certification entity shall be independent and accredited as either a competent testing laboratory pursuant to ISO/IEC 17025 or as a certification body pursuant to ISO/IEC 17065 of the International Organization for Standardization.(3) The department shall accept a certification that complies with paragraph (2) and use it to calculate the processing fee reduction. The department shall not accept or use a certification if it does not comply with paragraph (2) or if it is not accompanied by the fee authorized by subdivision (c).(c) The department shall charge a fee to a beverage manufacturer applying for a processing fee reduction pursuant to this chapter. The fee shall be sufficient to cover, but not exceed, the departments reasonable costs to implement this section.SEC. 3. Section 14547.2 is added to the Public Resources Code, to read:14547.2. It is the intent of the Legislature that beverage manufacturers transition towards increasing levels of nonpetroleum biomaterials when producing recyclable plastic beverage containers subject to the California Redemption Value, pursuant to Chapter 5 (commencing with Section 14560), with a companywide and industrywide goal of 15 percent or more of the virgin plastic portion of material used being nonpetroleum biomaterials by January 1, 2030.SEC. 4. Section 14549.3 of the Public Resources Code is amended to read:14549.3. (a) (1) On or before March 1 of each year, a manufacturer of a beverage sold in a plastic beverage container subject to the California Redemption Value, pursuant to Chapter 5 (commencing with Section 14560), shall report to the department the amount in pounds and by resin type of virgin plastic and postconsumer recycled plastic used by the manufacturer for plastic beverage containers subject to the California Redemption Value for sale in the state in the previous calendar year. The manufacturer shall submit this information to the department under penalty of perjury pursuant to standardized forms in the form and manner prescribed by the department.(2) In addition to the information required by paragraph (1), a beverage manufacturer may also report to the department, in pounds and by resin type, the amount of virgin plastic derived from nonpetroleum biomaterials used for plastic beverage containers subject to the California Redemption Value for sale in the state in the previous calendar year.(3) For purposes of this subdivision, nonpetroleum biomaterials has the same meaning as defined in Section 14547.1.(b) On or before March 1, 2024, and annually thereafter, a plastic material reclaimer shall report to the department the amount in pounds and by resin type of empty plastic beverage containers subject to the California Redemption Value, pursuant to Chapter 5 (commencing with Section 14560), that the plastic material reclaimer has collected and sold in the previous calendar year. The report shall specify the amount in pounds and by resin type of empty plastic containers sold in the state for beverage processing. The plastic material reclaimer shall submit this information to the department under penalty of perjury pursuant to standardized forms in the form and manner prescribed by the department.(c) On or before March 1, 2024, and annually thereafter, a manufacturer of postconsumer recycled plastic shall report to the department the amount in pounds of food-grade flake, pellet, sheet, fines, or other forms that were sold in the previous calendar year and their capacity to produce food-grade material. The report shall specify the amount in pounds of material that meets beverage manufacturer specifications for bottle-grade material. The report shall include the amount in pounds of food-grade material sold in the state for beverage processing. The manufacturer shall submit this information to the department under penalty of perjury pursuant to standardized forms in the form and manner prescribed by the department.(d) The department shall post the information reported pursuant to subdivision (a) within 45 days on the departments internet website.(e) This section does not apply to a refillable plastic beverage container. | |
| 44 | 55 | ||
| 45 | 56 | The people of the State of California do enact as follows: | |
| 46 | 57 | ||
| 47 | 58 | ## The people of the State of California do enact as follows: | |
| 48 | 59 | ||
| 49 | 60 | SECTION 1. The Legislature finds and declares all of the following:(a) Solutions are needed to reduce and ultimately eliminate the environmental impacts that result from petroleum-derived plastic extraction, refining, and production. As they relate to plastic beverage containers, those solutions are increasingly technically feasible.(b) Solutions include source reduction, recycling and using the maximum feasible amount of postconsumer recycled material, and displacing the remaining petroleum-derived virgin material content from the postconsumer, postindustrial, and postagricultural biomaterial that are fully compatible with recycling.(c) California has already demonstrated global environmental leadership in this area by implementing recycled content standards that equal or exceed the highest levels in the world.(d) California can extend this global environmental leadership by establishing standards and incentives for increasing the use of nonpetroleum-derived biomaterial in plastic beverage containers while reducing carbon footprints and without compromising the states closed loop recyclability goals.(e) In combination, California has the potential to eliminate reliance on petroleum-derived plastic and realize 100-percent circularity for plastic beverage containers, and to transition the state towards materials independence and supply chain security.(f) Additionally, California has the opportunity to model this potential for other jurisdictions and for other plastic packaging. | |
| 50 | 61 | ||
| 51 | 62 | SECTION 1. The Legislature finds and declares all of the following:(a) Solutions are needed to reduce and ultimately eliminate the environmental impacts that result from petroleum-derived plastic extraction, refining, and production. As they relate to plastic beverage containers, those solutions are increasingly technically feasible.(b) Solutions include source reduction, recycling and using the maximum feasible amount of postconsumer recycled material, and displacing the remaining petroleum-derived virgin material content from the postconsumer, postindustrial, and postagricultural biomaterial that are fully compatible with recycling.(c) California has already demonstrated global environmental leadership in this area by implementing recycled content standards that equal or exceed the highest levels in the world.(d) California can extend this global environmental leadership by establishing standards and incentives for increasing the use of nonpetroleum-derived biomaterial in plastic beverage containers while reducing carbon footprints and without compromising the states closed loop recyclability goals.(e) In combination, California has the potential to eliminate reliance on petroleum-derived plastic and realize 100-percent circularity for plastic beverage containers, and to transition the state towards materials independence and supply chain security.(f) Additionally, California has the opportunity to model this potential for other jurisdictions and for other plastic packaging. | |
| 52 | 63 | ||
| 53 | 64 | SECTION 1. The Legislature finds and declares all of the following: | |
| 54 | 65 | ||
| 55 | 66 | ### SECTION 1. | |
| 56 | 67 | ||
| 57 | 68 | (a) Solutions are needed to reduce and ultimately eliminate the environmental impacts that result from petroleum-derived plastic extraction, refining, and production. As they relate to plastic beverage containers, those solutions are increasingly technically feasible. | |
| 58 | 69 | ||
| 59 | 70 | (b) Solutions include source reduction, recycling and using the maximum feasible amount of postconsumer recycled material, and displacing the remaining petroleum-derived virgin material content from the postconsumer, postindustrial, and postagricultural biomaterial that are fully compatible with recycling. | |
| 60 | 71 | ||
| 61 | 72 | (c) California has already demonstrated global environmental leadership in this area by implementing recycled content standards that equal or exceed the highest levels in the world. | |
| 62 | 73 | ||
| 63 | 74 | (d) California can extend this global environmental leadership by establishing standards and incentives for increasing the use of nonpetroleum-derived biomaterial in plastic beverage containers while reducing carbon footprints and without compromising the states closed loop recyclability goals. | |
| 64 | 75 | ||
| 65 | 76 | (e) In combination, California has the potential to eliminate reliance on petroleum-derived plastic and realize 100-percent circularity for plastic beverage containers, and to transition the state towards materials independence and supply chain security. | |
| 66 | 77 | ||
| 67 | 78 | (f) Additionally, California has the opportunity to model this potential for other jurisdictions and for other plastic packaging. | |
| 68 | 79 | ||
| 69 | - | SEC. 2. Section 14547.1 is added to the Public Resources Code, to read:14547.1. (a) For the purposes of this section, nonpetroleum biomaterials means materials produced from nonpetroleum feedstocks not fit for human or animal consumption that provide biobased or biogenic carbon as referenced in ASTM International (ASTM) D6866-22.(1) Nonpetroleum biomaterials include any of the following:(A) Agricultural crop residues.(B) Bark, lawn, yard, and garden clippings.(C) Leaves, silvicultural residue, and tree and brush pruning.(D) Wood, wood chips, and wood paste. | |
| 80 | + | SECTION 1.SEC. 2. Section 14547.1 is added to the Public Resources Code, to read:14547.1. (a) For the purposes of this section, nonpetroleum materials biomaterials means materials produced from nonpetroleum feedstocks not fit for human or animal consumption that provide biobased or biogenic carbon as referenced in ASTM International (ASTM) D6866-22. Nonpetroleum materials(1) Nonpetroleum biomaterials include any of the following:(1)(A) Agricultural crop residues.(2)(B) Bark, lawn, yard, and garden clippings.(3)(C) Leaves, silvicultural residue, and tree and brush pruning.(4)(D) Wood, wood chips, and wood paste.(5)(E) Nonrecyclable pulp and nonrecyclable paper materials.(6)(F) Old corrugated cardboard. cardboard that cannot be feasibly recycled.(7)(G) Cotton waste products.(b)Notwithstanding any other section of this chapter, the policy goal of the state is as follows:(1)On or before January 1, 2026, the total number of plastic beverage containers filled with a beverage sold by a beverage manufacturer subject to the California Redemption Value, pursuant to Chapter 5 (commencing with Section 14560), for sale in the state shall, on average, contain no less than ____ percent nonpetroleum materials.(2)On or before January 1, 2030, the total number of plastic beverage containers filled with a beverage sold by a beverage manufacturer subject to the California Redemption Value, pursuant to Chapter 5 (commencing with Section 14560), for sale in the state shall, on average, contain no less than ____ percent nonpetroleum materials.(c)The department may, within its discretion, identify incentives under its existing authority to encourage beverage manufacturers to source from nonpetroleum materials for the production of their beverage containers.(H) Other nonpetroleum biomaterials authorized by the department.(2) Nonpetroleum biomaterials does not include any of the following:(A) Crops grown for the express purpose of creating feedstocks pursuant to this section.(B) Materials or processes that undermine or contaminate the recyclability of a plastic container.(b) Beginning January 1, 2025, a beverage manufacturer shall receive a reduction in the processing fee imposed by Section 14575 if the beverage container is both derived from nonpetroleum materials and subject to the California Redemption Value. The processing fee reduction shall be made in accordance with all of the following:(1) The processing fee reduction shall be equal to 10 percent of the processing fee applicable only to the certified percentage of the beverage container, by weight, that derives from nonpetroleum biomaterials.(2) A third-party certification entity shall certify the percentage of the beverage container, by weight, that derives from nonpetroleum biomaterials. A third-party certification entity shall be independent and accredited as either a competent testing laboratory pursuant to ISO/IEC 17025 or as a certification body pursuant to ISO/IEC 17065 of the International Organization for Standardization.(3) The department shall accept a certification that complies with paragraph (2) and use it to calculate the processing fee reduction. The department shall not accept or use a certification if it does not comply with paragraph (2) or if it is not accompanied by the fee authorized by subdivision (c).(c) The department shall charge a fee to a beverage manufacturer applying for a processing fee reduction pursuant to this chapter. The fee shall be sufficient to cover, but not exceed, the departments reasonable costs to implement this section. | |
| 70 | 81 | ||
| 71 | - | SEC. 2. Section 14547.1 is added to the Public Resources Code, to read: | |
| 82 | + | SECTION 1.SEC. 2. Section 14547.1 is added to the Public Resources Code, to read: | |
| 72 | 83 | ||
| 73 | - | ### SEC. 2. | |
| 84 | + | ### SECTION 1.SEC. 2. | |
| 74 | 85 | ||
| 75 | - | 14547.1. (a) For the purposes of this section, nonpetroleum biomaterials means materials produced from nonpetroleum feedstocks not fit for human or animal consumption that provide biobased or biogenic carbon as referenced in ASTM International (ASTM) D6866-22.(1) Nonpetroleum biomaterials include any of the following:(A) Agricultural crop residues.(B) Bark, lawn, yard, and garden clippings.(C) Leaves, silvicultural residue, and tree and brush pruning.(D) Wood, wood chips, and wood paste. | |
| 86 | + | 14547.1. (a) For the purposes of this section, nonpetroleum materials biomaterials means materials produced from nonpetroleum feedstocks not fit for human or animal consumption that provide biobased or biogenic carbon as referenced in ASTM International (ASTM) D6866-22. Nonpetroleum materials(1) Nonpetroleum biomaterials include any of the following:(1)(A) Agricultural crop residues.(2)(B) Bark, lawn, yard, and garden clippings.(3)(C) Leaves, silvicultural residue, and tree and brush pruning.(4)(D) Wood, wood chips, and wood paste.(5)(E) Nonrecyclable pulp and nonrecyclable paper materials.(6)(F) Old corrugated cardboard. cardboard that cannot be feasibly recycled.(7)(G) Cotton waste products.(b)Notwithstanding any other section of this chapter, the policy goal of the state is as follows:(1)On or before January 1, 2026, the total number of plastic beverage containers filled with a beverage sold by a beverage manufacturer subject to the California Redemption Value, pursuant to Chapter 5 (commencing with Section 14560), for sale in the state shall, on average, contain no less than ____ percent nonpetroleum materials.(2)On or before January 1, 2030, the total number of plastic beverage containers filled with a beverage sold by a beverage manufacturer subject to the California Redemption Value, pursuant to Chapter 5 (commencing with Section 14560), for sale in the state shall, on average, contain no less than ____ percent nonpetroleum materials.(c)The department may, within its discretion, identify incentives under its existing authority to encourage beverage manufacturers to source from nonpetroleum materials for the production of their beverage containers.(H) Other nonpetroleum biomaterials authorized by the department.(2) Nonpetroleum biomaterials does not include any of the following:(A) Crops grown for the express purpose of creating feedstocks pursuant to this section.(B) Materials or processes that undermine or contaminate the recyclability of a plastic container.(b) Beginning January 1, 2025, a beverage manufacturer shall receive a reduction in the processing fee imposed by Section 14575 if the beverage container is both derived from nonpetroleum materials and subject to the California Redemption Value. The processing fee reduction shall be made in accordance with all of the following:(1) The processing fee reduction shall be equal to 10 percent of the processing fee applicable only to the certified percentage of the beverage container, by weight, that derives from nonpetroleum biomaterials.(2) A third-party certification entity shall certify the percentage of the beverage container, by weight, that derives from nonpetroleum biomaterials. A third-party certification entity shall be independent and accredited as either a competent testing laboratory pursuant to ISO/IEC 17025 or as a certification body pursuant to ISO/IEC 17065 of the International Organization for Standardization.(3) The department shall accept a certification that complies with paragraph (2) and use it to calculate the processing fee reduction. The department shall not accept or use a certification if it does not comply with paragraph (2) or if it is not accompanied by the fee authorized by subdivision (c).(c) The department shall charge a fee to a beverage manufacturer applying for a processing fee reduction pursuant to this chapter. The fee shall be sufficient to cover, but not exceed, the departments reasonable costs to implement this section. | |
| 76 | 87 | ||
| 77 | - | 14547.1. (a) For the purposes of this section, nonpetroleum biomaterials means materials produced from nonpetroleum feedstocks not fit for human or animal consumption that provide biobased or biogenic carbon as referenced in ASTM International (ASTM) D6866-22.(1) Nonpetroleum biomaterials include any of the following:(A) Agricultural crop residues.(B) Bark, lawn, yard, and garden clippings.(C) Leaves, silvicultural residue, and tree and brush pruning.(D) Wood, wood chips, and wood paste. | |
| 88 | + | 14547.1. (a) For the purposes of this section, nonpetroleum materials biomaterials means materials produced from nonpetroleum feedstocks not fit for human or animal consumption that provide biobased or biogenic carbon as referenced in ASTM International (ASTM) D6866-22. Nonpetroleum materials(1) Nonpetroleum biomaterials include any of the following:(1)(A) Agricultural crop residues.(2)(B) Bark, lawn, yard, and garden clippings.(3)(C) Leaves, silvicultural residue, and tree and brush pruning.(4)(D) Wood, wood chips, and wood paste.(5)(E) Nonrecyclable pulp and nonrecyclable paper materials.(6)(F) Old corrugated cardboard. cardboard that cannot be feasibly recycled.(7)(G) Cotton waste products.(b)Notwithstanding any other section of this chapter, the policy goal of the state is as follows:(1)On or before January 1, 2026, the total number of plastic beverage containers filled with a beverage sold by a beverage manufacturer subject to the California Redemption Value, pursuant to Chapter 5 (commencing with Section 14560), for sale in the state shall, on average, contain no less than ____ percent nonpetroleum materials.(2)On or before January 1, 2030, the total number of plastic beverage containers filled with a beverage sold by a beverage manufacturer subject to the California Redemption Value, pursuant to Chapter 5 (commencing with Section 14560), for sale in the state shall, on average, contain no less than ____ percent nonpetroleum materials.(c)The department may, within its discretion, identify incentives under its existing authority to encourage beverage manufacturers to source from nonpetroleum materials for the production of their beverage containers.(H) Other nonpetroleum biomaterials authorized by the department.(2) Nonpetroleum biomaterials does not include any of the following:(A) Crops grown for the express purpose of creating feedstocks pursuant to this section.(B) Materials or processes that undermine or contaminate the recyclability of a plastic container.(b) Beginning January 1, 2025, a beverage manufacturer shall receive a reduction in the processing fee imposed by Section 14575 if the beverage container is both derived from nonpetroleum materials and subject to the California Redemption Value. The processing fee reduction shall be made in accordance with all of the following:(1) The processing fee reduction shall be equal to 10 percent of the processing fee applicable only to the certified percentage of the beverage container, by weight, that derives from nonpetroleum biomaterials.(2) A third-party certification entity shall certify the percentage of the beverage container, by weight, that derives from nonpetroleum biomaterials. A third-party certification entity shall be independent and accredited as either a competent testing laboratory pursuant to ISO/IEC 17025 or as a certification body pursuant to ISO/IEC 17065 of the International Organization for Standardization.(3) The department shall accept a certification that complies with paragraph (2) and use it to calculate the processing fee reduction. The department shall not accept or use a certification if it does not comply with paragraph (2) or if it is not accompanied by the fee authorized by subdivision (c).(c) The department shall charge a fee to a beverage manufacturer applying for a processing fee reduction pursuant to this chapter. The fee shall be sufficient to cover, but not exceed, the departments reasonable costs to implement this section. | |
| 78 | 89 | ||
| 79 | - | 14547.1. (a) For the purposes of this section, nonpetroleum biomaterials means materials produced from nonpetroleum feedstocks not fit for human or animal consumption that provide biobased or biogenic carbon as referenced in ASTM International (ASTM) D6866-22.(1) Nonpetroleum biomaterials include any of the following:(A) Agricultural crop residues.(B) Bark, lawn, yard, and garden clippings.(C) Leaves, silvicultural residue, and tree and brush pruning.(D) Wood, wood chips, and wood paste. | |
| 90 | + | 14547.1. (a) For the purposes of this section, nonpetroleum materials biomaterials means materials produced from nonpetroleum feedstocks not fit for human or animal consumption that provide biobased or biogenic carbon as referenced in ASTM International (ASTM) D6866-22. Nonpetroleum materials(1) Nonpetroleum biomaterials include any of the following:(1)(A) Agricultural crop residues.(2)(B) Bark, lawn, yard, and garden clippings.(3)(C) Leaves, silvicultural residue, and tree and brush pruning.(4)(D) Wood, wood chips, and wood paste.(5)(E) Nonrecyclable pulp and nonrecyclable paper materials.(6)(F) Old corrugated cardboard. cardboard that cannot be feasibly recycled.(7)(G) Cotton waste products.(b)Notwithstanding any other section of this chapter, the policy goal of the state is as follows:(1)On or before January 1, 2026, the total number of plastic beverage containers filled with a beverage sold by a beverage manufacturer subject to the California Redemption Value, pursuant to Chapter 5 (commencing with Section 14560), for sale in the state shall, on average, contain no less than ____ percent nonpetroleum materials.(2)On or before January 1, 2030, the total number of plastic beverage containers filled with a beverage sold by a beverage manufacturer subject to the California Redemption Value, pursuant to Chapter 5 (commencing with Section 14560), for sale in the state shall, on average, contain no less than ____ percent nonpetroleum materials.(c)The department may, within its discretion, identify incentives under its existing authority to encourage beverage manufacturers to source from nonpetroleum materials for the production of their beverage containers.(H) Other nonpetroleum biomaterials authorized by the department.(2) Nonpetroleum biomaterials does not include any of the following:(A) Crops grown for the express purpose of creating feedstocks pursuant to this section.(B) Materials or processes that undermine or contaminate the recyclability of a plastic container.(b) Beginning January 1, 2025, a beverage manufacturer shall receive a reduction in the processing fee imposed by Section 14575 if the beverage container is both derived from nonpetroleum materials and subject to the California Redemption Value. The processing fee reduction shall be made in accordance with all of the following:(1) The processing fee reduction shall be equal to 10 percent of the processing fee applicable only to the certified percentage of the beverage container, by weight, that derives from nonpetroleum biomaterials.(2) A third-party certification entity shall certify the percentage of the beverage container, by weight, that derives from nonpetroleum biomaterials. A third-party certification entity shall be independent and accredited as either a competent testing laboratory pursuant to ISO/IEC 17025 or as a certification body pursuant to ISO/IEC 17065 of the International Organization for Standardization.(3) The department shall accept a certification that complies with paragraph (2) and use it to calculate the processing fee reduction. The department shall not accept or use a certification if it does not comply with paragraph (2) or if it is not accompanied by the fee authorized by subdivision (c).(c) The department shall charge a fee to a beverage manufacturer applying for a processing fee reduction pursuant to this chapter. The fee shall be sufficient to cover, but not exceed, the departments reasonable costs to implement this section. | |
| 80 | 91 | ||
| 81 | 92 | ||
| 82 | 93 | ||
| 83 | - | 14547.1. (a) For the purposes of this section, nonpetroleum biomaterials means materials produced from nonpetroleum feedstocks not fit for human or animal consumption that provide biobased or biogenic carbon as referenced in ASTM International (ASTM) D6866-22. | |
| 94 | + | 14547.1. (a) For the purposes of this section, nonpetroleum materials biomaterials means materials produced from nonpetroleum feedstocks not fit for human or animal consumption that provide biobased or biogenic carbon as referenced in ASTM International (ASTM) D6866-22. Nonpetroleum materials | |
| 84 | 95 | ||
| 85 | 96 | (1) Nonpetroleum biomaterials include any of the following: | |
| 86 | 97 | ||
| 98 | + | (1) | |
| 99 | + | ||
| 100 | + | ||
| 101 | + | ||
| 87 | 102 | (A) Agricultural crop residues. | |
| 103 | + | ||
| 104 | + | (2) | |
| 105 | + | ||
| 106 | + | ||
| 88 | 107 | ||
| 89 | 108 | (B) Bark, lawn, yard, and garden clippings. | |
| 90 | 109 | ||
| 110 | + | (3) | |
| 111 | + | ||
| 112 | + | ||
| 113 | + | ||
| 91 | 114 | (C) Leaves, silvicultural residue, and tree and brush pruning. | |
| 92 | 115 | ||
| 93 | - | (D) Wood, wood chips, and wood paste. waste. | |
| 116 | + | (4) | |
| 117 | + | ||
| 118 | + | ||
| 119 | + | ||
| 120 | + | (D) Wood, wood chips, and wood paste. | |
| 121 | + | ||
| 122 | + | (5) | |
| 123 | + | ||
| 124 | + | ||
| 94 | 125 | ||
| 95 | 126 | (E) Nonrecyclable pulp and nonrecyclable paper materials. | |
| 96 | 127 | ||
| 97 | - | (F) Old corrugated cardboard that cannot be feasibly recycled. | |
| 128 | + | (6) | |
| 129 | + | ||
| 130 | + | ||
| 131 | + | ||
| 132 | + | (F) Old corrugated cardboard. cardboard that cannot be feasibly recycled. | |
| 133 | + | ||
| 134 | + | (7) | |
| 135 | + | ||
| 136 | + | ||
| 98 | 137 | ||
| 99 | 138 | (G) Cotton waste products. | |
| 139 | + | ||
| 140 | + | (b)Notwithstanding any other section of this chapter, the policy goal of the state is as follows: | |
| 141 | + | ||
| 142 | + | ||
| 143 | + | ||
| 144 | + | (1)On or before January 1, 2026, the total number of plastic beverage containers filled with a beverage sold by a beverage manufacturer subject to the California Redemption Value, pursuant to Chapter 5 (commencing with Section 14560), for sale in the state shall, on average, contain no less than ____ percent nonpetroleum materials. | |
| 145 | + | ||
| 146 | + | ||
| 147 | + | ||
| 148 | + | (2)On or before January 1, 2030, the total number of plastic beverage containers filled with a beverage sold by a beverage manufacturer subject to the California Redemption Value, pursuant to Chapter 5 (commencing with Section 14560), for sale in the state shall, on average, contain no less than ____ percent nonpetroleum materials. | |
| 149 | + | ||
| 150 | + | ||
| 151 | + | ||
| 152 | + | (c)The department may, within its discretion, identify incentives under its existing authority to encourage beverage manufacturers to source from nonpetroleum materials for the production of their beverage containers. | |
| 153 | + | ||
| 154 | + | ||
| 100 | 155 | ||
| 101 | 156 | (H) Other nonpetroleum biomaterials authorized by the department. | |
| 102 | 157 | ||
| 103 | 158 | (2) Nonpetroleum biomaterials does not include any of the following: | |
| 104 | 159 | ||
| 105 | - | (A) Crops grown for the express purpose of creating feedstocks pursuant to this section. | |
| 160 | + | (A) Crops grown for the express purpose of creating feedstocks pursuant to this section. | |
| 106 | 161 | ||
| 107 | 162 | (B) Materials or processes that undermine or contaminate the recyclability of a plastic container. | |
| 108 | 163 | ||
| 109 | - | (b) Beginning January 1, 2025, a beverage manufacturer shall receive a reduction in the processing fee imposed by Section 14575 if the beverage container is both derived from nonpetroleum materials | |
| 164 | + | (b) Beginning January 1, 2025, a beverage manufacturer shall receive a reduction in the processing fee imposed by Section 14575 if the beverage container is both derived from nonpetroleum materials and subject to the California Redemption Value. The processing fee reduction shall be made in accordance with all of the following: | |
| 110 | 165 | ||
| 111 | - | (1) The processing fee reduction shall be equal to 10 percent of the processing fee applicable only to the certified percentage of the beverage container, by weight, that derives from nonpetroleum biomaterials. | |
| 166 | + | (1) The processing fee reduction shall be equal to 10 percent of the processing fee applicable only to the certified percentage of the beverage container, by weight, that derives from nonpetroleum biomaterials. | |
| 112 | 167 | ||
| 113 | - | (2) A third-party certification entity shall certify the percentage of the beverage container, by weight, that derives from nonpetroleum biomaterials | |
| 168 | + | (2) A third-party certification entity shall certify the percentage of the beverage container, by weight, that derives from nonpetroleum biomaterials. A third-party certification entity shall be independent and accredited as either a competent testing laboratory pursuant to ISO/IEC 17025 or as a certification body pursuant to ISO/IEC 17065 of the International Organization for Standardization. | |
| 114 | 169 | ||
| 115 | 170 | (3) The department shall accept a certification that complies with paragraph (2) and use it to calculate the processing fee reduction. The department shall not accept or use a certification if it does not comply with paragraph (2) or if it is not accompanied by the fee authorized by subdivision (c). | |
| 116 | 171 | ||
| 117 | 172 | (c) The department shall charge a fee to a beverage manufacturer applying for a processing fee reduction pursuant to this chapter. The fee shall be sufficient to cover, but not exceed, the departments reasonable costs to implement this section. | |
| 118 | 173 | ||
| 119 | 174 | SEC. 3. Section 14547.2 is added to the Public Resources Code, to read:14547.2. It is the intent of the Legislature that beverage manufacturers transition towards increasing levels of nonpetroleum biomaterials when producing recyclable plastic beverage containers subject to the California Redemption Value, pursuant to Chapter 5 (commencing with Section 14560), with a companywide and industrywide goal of 15 percent or more of the virgin plastic portion of material used being nonpetroleum biomaterials by January 1, 2030. | |
| 120 | 175 | ||
| 121 | 176 | SEC. 3. Section 14547.2 is added to the Public Resources Code, to read: | |
| 122 | 177 | ||
| 123 | 178 | ### SEC. 3. | |
| 124 | 179 | ||
| 125 | 180 | 14547.2. It is the intent of the Legislature that beverage manufacturers transition towards increasing levels of nonpetroleum biomaterials when producing recyclable plastic beverage containers subject to the California Redemption Value, pursuant to Chapter 5 (commencing with Section 14560), with a companywide and industrywide goal of 15 percent or more of the virgin plastic portion of material used being nonpetroleum biomaterials by January 1, 2030. | |
| 126 | 181 | ||
| 127 | 182 | 14547.2. It is the intent of the Legislature that beverage manufacturers transition towards increasing levels of nonpetroleum biomaterials when producing recyclable plastic beverage containers subject to the California Redemption Value, pursuant to Chapter 5 (commencing with Section 14560), with a companywide and industrywide goal of 15 percent or more of the virgin plastic portion of material used being nonpetroleum biomaterials by January 1, 2030. | |
| 128 | 183 | ||
| 129 | 184 | 14547.2. It is the intent of the Legislature that beverage manufacturers transition towards increasing levels of nonpetroleum biomaterials when producing recyclable plastic beverage containers subject to the California Redemption Value, pursuant to Chapter 5 (commencing with Section 14560), with a companywide and industrywide goal of 15 percent or more of the virgin plastic portion of material used being nonpetroleum biomaterials by January 1, 2030. | |
| 130 | 185 | ||
| 131 | 186 | ||
| 132 | 187 | ||
| 133 | 188 | 14547.2. It is the intent of the Legislature that beverage manufacturers transition towards increasing levels of nonpetroleum biomaterials when producing recyclable plastic beverage containers subject to the California Redemption Value, pursuant to Chapter 5 (commencing with Section 14560), with a companywide and industrywide goal of 15 percent or more of the virgin plastic portion of material used being nonpetroleum biomaterials by January 1, 2030. | |
| 134 | 189 | ||
| 135 | 190 | SEC. 4. Section 14549.3 of the Public Resources Code is amended to read:14549.3. (a) (1) On or before March 1 of each year, a manufacturer of a beverage sold in a plastic beverage container subject to the California Redemption Value, pursuant to Chapter 5 (commencing with Section 14560), shall report to the department the amount in pounds and by resin type of virgin plastic and postconsumer recycled plastic used by the manufacturer for plastic beverage containers subject to the California Redemption Value for sale in the state in the previous calendar year. The manufacturer shall submit this information to the department under penalty of perjury pursuant to standardized forms in the form and manner prescribed by the department.(2) In addition to the information required by paragraph (1), a beverage manufacturer may also report to the department, in pounds and by resin type, the amount of virgin plastic derived from nonpetroleum biomaterials used for plastic beverage containers subject to the California Redemption Value for sale in the state in the previous calendar year.(3) For purposes of this subdivision, nonpetroleum biomaterials has the same meaning as defined in Section 14547.1.(b) On or before March 1, 2024, and annually thereafter, a plastic material reclaimer shall report to the department the amount in pounds and by resin type of empty plastic beverage containers subject to the California Redemption Value, pursuant to Chapter 5 (commencing with Section 14560), that the plastic material reclaimer has collected and sold in the previous calendar year. The report shall specify the amount in pounds and by resin type of empty plastic containers sold in the state for beverage processing. The plastic material reclaimer shall submit this information to the department under penalty of perjury pursuant to standardized forms in the form and manner prescribed by the department.(c) On or before March 1, 2024, and annually thereafter, a manufacturer of postconsumer recycled plastic shall report to the department the amount in pounds of food-grade flake, pellet, sheet, fines, or other forms that were sold in the previous calendar year and their capacity to produce food-grade material. The report shall specify the amount in pounds of material that meets beverage manufacturer specifications for bottle-grade material. The report shall include the amount in pounds of food-grade material sold in the state for beverage processing. The manufacturer shall submit this information to the department under penalty of perjury pursuant to standardized forms in the form and manner prescribed by the department.(d) The department shall post the information reported pursuant to subdivision (a) within 45 days on the departments internet website.(e) This section does not apply to a refillable plastic beverage container. | |
| 136 | 191 | ||
| 137 | 192 | SEC. 4. Section 14549.3 of the Public Resources Code is amended to read: | |
| 138 | 193 | ||
| 139 | 194 | ### SEC. 4. | |
| 140 | 195 | ||
| 141 | 196 | 14549.3. (a) (1) On or before March 1 of each year, a manufacturer of a beverage sold in a plastic beverage container subject to the California Redemption Value, pursuant to Chapter 5 (commencing with Section 14560), shall report to the department the amount in pounds and by resin type of virgin plastic and postconsumer recycled plastic used by the manufacturer for plastic beverage containers subject to the California Redemption Value for sale in the state in the previous calendar year. The manufacturer shall submit this information to the department under penalty of perjury pursuant to standardized forms in the form and manner prescribed by the department.(2) In addition to the information required by paragraph (1), a beverage manufacturer may also report to the department, in pounds and by resin type, the amount of virgin plastic derived from nonpetroleum biomaterials used for plastic beverage containers subject to the California Redemption Value for sale in the state in the previous calendar year.(3) For purposes of this subdivision, nonpetroleum biomaterials has the same meaning as defined in Section 14547.1.(b) On or before March 1, 2024, and annually thereafter, a plastic material reclaimer shall report to the department the amount in pounds and by resin type of empty plastic beverage containers subject to the California Redemption Value, pursuant to Chapter 5 (commencing with Section 14560), that the plastic material reclaimer has collected and sold in the previous calendar year. The report shall specify the amount in pounds and by resin type of empty plastic containers sold in the state for beverage processing. The plastic material reclaimer shall submit this information to the department under penalty of perjury pursuant to standardized forms in the form and manner prescribed by the department.(c) On or before March 1, 2024, and annually thereafter, a manufacturer of postconsumer recycled plastic shall report to the department the amount in pounds of food-grade flake, pellet, sheet, fines, or other forms that were sold in the previous calendar year and their capacity to produce food-grade material. The report shall specify the amount in pounds of material that meets beverage manufacturer specifications for bottle-grade material. The report shall include the amount in pounds of food-grade material sold in the state for beverage processing. The manufacturer shall submit this information to the department under penalty of perjury pursuant to standardized forms in the form and manner prescribed by the department.(d) The department shall post the information reported pursuant to subdivision (a) within 45 days on the departments internet website.(e) This section does not apply to a refillable plastic beverage container. | |
| 142 | 197 | ||
| 143 | 198 | 14549.3. (a) (1) On or before March 1 of each year, a manufacturer of a beverage sold in a plastic beverage container subject to the California Redemption Value, pursuant to Chapter 5 (commencing with Section 14560), shall report to the department the amount in pounds and by resin type of virgin plastic and postconsumer recycled plastic used by the manufacturer for plastic beverage containers subject to the California Redemption Value for sale in the state in the previous calendar year. The manufacturer shall submit this information to the department under penalty of perjury pursuant to standardized forms in the form and manner prescribed by the department.(2) In addition to the information required by paragraph (1), a beverage manufacturer may also report to the department, in pounds and by resin type, the amount of virgin plastic derived from nonpetroleum biomaterials used for plastic beverage containers subject to the California Redemption Value for sale in the state in the previous calendar year.(3) For purposes of this subdivision, nonpetroleum biomaterials has the same meaning as defined in Section 14547.1.(b) On or before March 1, 2024, and annually thereafter, a plastic material reclaimer shall report to the department the amount in pounds and by resin type of empty plastic beverage containers subject to the California Redemption Value, pursuant to Chapter 5 (commencing with Section 14560), that the plastic material reclaimer has collected and sold in the previous calendar year. The report shall specify the amount in pounds and by resin type of empty plastic containers sold in the state for beverage processing. The plastic material reclaimer shall submit this information to the department under penalty of perjury pursuant to standardized forms in the form and manner prescribed by the department.(c) On or before March 1, 2024, and annually thereafter, a manufacturer of postconsumer recycled plastic shall report to the department the amount in pounds of food-grade flake, pellet, sheet, fines, or other forms that were sold in the previous calendar year and their capacity to produce food-grade material. The report shall specify the amount in pounds of material that meets beverage manufacturer specifications for bottle-grade material. The report shall include the amount in pounds of food-grade material sold in the state for beverage processing. The manufacturer shall submit this information to the department under penalty of perjury pursuant to standardized forms in the form and manner prescribed by the department.(d) The department shall post the information reported pursuant to subdivision (a) within 45 days on the departments internet website.(e) This section does not apply to a refillable plastic beverage container. | |
| 144 | 199 | ||
| 145 | 200 | 14549.3. (a) (1) On or before March 1 of each year, a manufacturer of a beverage sold in a plastic beverage container subject to the California Redemption Value, pursuant to Chapter 5 (commencing with Section 14560), shall report to the department the amount in pounds and by resin type of virgin plastic and postconsumer recycled plastic used by the manufacturer for plastic beverage containers subject to the California Redemption Value for sale in the state in the previous calendar year. The manufacturer shall submit this information to the department under penalty of perjury pursuant to standardized forms in the form and manner prescribed by the department.(2) In addition to the information required by paragraph (1), a beverage manufacturer may also report to the department, in pounds and by resin type, the amount of virgin plastic derived from nonpetroleum biomaterials used for plastic beverage containers subject to the California Redemption Value for sale in the state in the previous calendar year.(3) For purposes of this subdivision, nonpetroleum biomaterials has the same meaning as defined in Section 14547.1.(b) On or before March 1, 2024, and annually thereafter, a plastic material reclaimer shall report to the department the amount in pounds and by resin type of empty plastic beverage containers subject to the California Redemption Value, pursuant to Chapter 5 (commencing with Section 14560), that the plastic material reclaimer has collected and sold in the previous calendar year. The report shall specify the amount in pounds and by resin type of empty plastic containers sold in the state for beverage processing. The plastic material reclaimer shall submit this information to the department under penalty of perjury pursuant to standardized forms in the form and manner prescribed by the department.(c) On or before March 1, 2024, and annually thereafter, a manufacturer of postconsumer recycled plastic shall report to the department the amount in pounds of food-grade flake, pellet, sheet, fines, or other forms that were sold in the previous calendar year and their capacity to produce food-grade material. The report shall specify the amount in pounds of material that meets beverage manufacturer specifications for bottle-grade material. The report shall include the amount in pounds of food-grade material sold in the state for beverage processing. The manufacturer shall submit this information to the department under penalty of perjury pursuant to standardized forms in the form and manner prescribed by the department.(d) The department shall post the information reported pursuant to subdivision (a) within 45 days on the departments internet website.(e) This section does not apply to a refillable plastic beverage container. | |
| 146 | 201 | ||
| 147 | 202 | ||
| 148 | 203 | ||
| 149 | 204 | 14549.3. (a) (1) On or before March 1 of each year, a manufacturer of a beverage sold in a plastic beverage container subject to the California Redemption Value, pursuant to Chapter 5 (commencing with Section 14560), shall report to the department the amount in pounds and by resin type of virgin plastic and postconsumer recycled plastic used by the manufacturer for plastic beverage containers subject to the California Redemption Value for sale in the state in the previous calendar year. The manufacturer shall submit this information to the department under penalty of perjury pursuant to standardized forms in the form and manner prescribed by the department. | |
| 150 | 205 | ||
| 151 | 206 | (2) In addition to the information required by paragraph (1), a beverage manufacturer may also report to the department, in pounds and by resin type, the amount of virgin plastic derived from nonpetroleum biomaterials used for plastic beverage containers subject to the California Redemption Value for sale in the state in the previous calendar year. | |
| 152 | 207 | ||
| 153 | 208 | (3) For purposes of this subdivision, nonpetroleum biomaterials has the same meaning as defined in Section 14547.1. | |
| 154 | 209 | ||
| 155 | 210 | (b) On or before March 1, 2024, and annually thereafter, a plastic material reclaimer shall report to the department the amount in pounds and by resin type of empty plastic beverage containers subject to the California Redemption Value, pursuant to Chapter 5 (commencing with Section 14560), that the plastic material reclaimer has collected and sold in the previous calendar year. The report shall specify the amount in pounds and by resin type of empty plastic containers sold in the state for beverage processing. The plastic material reclaimer shall submit this information to the department under penalty of perjury pursuant to standardized forms in the form and manner prescribed by the department. | |
| 156 | 211 | ||
| 157 | 212 | (c) On or before March 1, 2024, and annually thereafter, a manufacturer of postconsumer recycled plastic shall report to the department the amount in pounds of food-grade flake, pellet, sheet, fines, or other forms that were sold in the previous calendar year and their capacity to produce food-grade material. The report shall specify the amount in pounds of material that meets beverage manufacturer specifications for bottle-grade material. The report shall include the amount in pounds of food-grade material sold in the state for beverage processing. The manufacturer shall submit this information to the department under penalty of perjury pursuant to standardized forms in the form and manner prescribed by the department. | |
| 158 | 213 | ||
| 159 | 214 | (d) The department shall post the information reported pursuant to subdivision (a) within 45 days on the departments internet website. | |
| 160 | 215 | ||
| 161 | 216 | (e) This section does not apply to a refillable plastic beverage container. |