Bill Text: CA SB54 | 2019-2020 | Regular Session | Amended
Bill Title: Solid waste: packaging and products.
Spectrum: Partisan Bill (Democrat 20-0)
Status: (Engrossed - Dead) 2020-09-01 - Died on call pursuant to Article IV, Section 10(c) of the Constitution. [SB54 Detail]
Download: California-2019-SB54-Amended.html
Amended
IN
Assembly
August 25, 2020 |
Amended
IN
Assembly
September 10, 2019 |
Amended
IN
Assembly
September 06, 2019 |
Amended
IN
Assembly
August 14, 2019 |
Amended
IN
Assembly
July 10, 2019 |
Amended
IN
Assembly
June 24, 2019 |
Amended
IN
Senate
May 22, 2019 |
Amended
IN
Senate
May 07, 2019 |
Amended
IN
Senate
March 25, 2019 |
Amended
IN
Senate
March 07, 2019 |
Amended
IN
Senate
February 25, 2019 |
Introduced by Senators Allen, Skinner, Stern, and Wiener (Principal coauthors: Assembly Members Friedman, Gonzalez, Muratsuchi, and Ting) (Coauthors: Senators Lena Gonzalez, Hueso, and Wieckowski) (Coauthors: Assembly Members Bloom, Boerner Horvath, Carrillo, Kalra, |
December 11, 2018 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 23671 of the Business and Professions Code is amended to read:23671.
(a)SEC. 2.
Chapter 3 (commencing with Section 42040) is added to Part 3 of Division 30 of the Public Resources Code, to read:CHAPTER 3. California Circular Economy and Plastic Pollution Reduction Act
Article 1. General Provisions
42040.
This chapter shall be known, and may be cited, as the California Circular Economy and Plastic Pollution Reduction Act.42041.
(a) The Legislature finds and declares all of the following:(b)(1)Consistent with the policy goal established in Section 41780.01, it is the intent of the Legislature that, by 2030, producers of single-use products that are not priority single-use products achieve and maintain a statewide 75-percent reduction of the waste generated from single-use products offered for sale, sold, distributed, or
imported in or into the state that are not priority single-use products through source reduction, recycling, or composting.
(2)In accordance with paragraph (1), it is the intent of the Legislature that producers of single-use products that are not priority single-use products do all of the following for single-use products that are not priority single-use products:
(A)Source reduce those products, and transition those products to reusable products, to the maximum extent feasible.
(B)Ensure those products are recyclable or compostable, as determined by the department pursuant to Section 42052.
(C)For single-use plastic products that are not priority single-use products and that
are offered for sale, sold, distributed, or imported in or into California, reduce waste generation by 75 percent through combined source reduction and recycling.
(c)
42042.
(a) For purposes of this chapter, all of the following shall apply:(A)
(B)
(C)
(5)“Product category” means a priority single-use product material category on the list published by the department pursuant to subdivision (c) of Section 42054.
(6)
(A)
(B)
(C)
(D)
(B)Single-use packaging does not include any of the following:
(i)Reusable packaging, as determined by the department pursuant to Section 42052.
(ii)Packaging containing toxic or hazardous products regulated by the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 et seq.).
(iii)Plastic packaging containers that are manufactured for use in the shipment of hazardous materials and are prohibited from being manufactured with used material by federal packaging material specifications set forth in Sections 178.509 and 178.522 of Title 49 of the Code of Federal Regulations.
(iv)Until January 1, 2026, beverage containers subject to the California Beverage Container Recycling and Litter Reduction Act (Division 12.1 (commencing with Section 14500)).
(10)
Article
2. Single-use Single-Use Packaging and Priority Single-use Single-Use Products
(a)Before January 1, 2024, the department shall, in consultation with relevant state agencies with jurisdiction relevant to this chapter and local jurisdictions and regional agencies charged with meeting waste diversion goals, adopt regulations that do all of the following:
(1)(A)Require producers of single-use packaging to source reduce single-use packaging to the maximum extent feasible.
(B)Require producers of single-use packaging to ensure that all single-use packaging manufactured on or after January 1, 2030, and that is offered for sale, sold, distributed, or imported in or into California is recyclable or compostable as determined by the
department pursuant to Section 42052.
(2)(A)Require producers of priority single-use products to source reduce priority single-use products to the maximum extent feasible.
(B)Require producers of priority single-use products to ensure that priority single-use products manufactured on or after January 1, 2030, and that are offered for sale, sold, distributed, or imported in or into California are recyclable or compostable as determined by the department pursuant to Section 42052.
(3)Achieve and maintain, by January 1, 2030, through the regulations adopted by the department and implemented by producers pursuant to this chapter, a statewide 75-percent reduction of the waste generated from single-use packaging and priority single-use products offered for sale, sold, distributed, or imported in
or into the state through source reduction, recycling, or composting.
(4)Require producers to comply with the requirements of this chapter and its implementing regulations.
(b)(1)By January 1, 2023, and before adopting the regulations, in order to increase the opportunity for public participation and to receive comments, the department shall finalize an implementation plan for meeting the requirements of this chapter.
(2)As part of the implementation plan, the department shall do all of the following:
(A)
42050.
(a) (1) Consistent with the policy goal established in Section 41780.01, producers of single-use packaging or priority single-use products shall do all of the following:
(B)Evaluate
(i)
(ii)
(iii)Avoiding
(iv)Labeling
(v)Possible options
(vi)
(vii)Establishing criteria
(viii)Establishing minimum
(ix)How
(C)Consider and provide recommendations on whether to transition or sunset existing recycling programs.
(D)Identify all of the following:
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)Discussion
(c)
(d)
(e)
(f)The regulations shall establish a baseline for the 75-percent waste reduction requirement in subdivision (a) for each packaging and product category based on waste characterization studies undertaken by the department, and any other information received by the department.
(g)(1)Producers shall do both of the following:
(A)Register with the department.
(B)Report any data to the department that the department
deems necessary to determine compliance with this chapter in a form, manner, and frequency determined by the department.
(2)Any confidential or proprietary market sensitive data received by the department pursuant to this chapter shall be held confidentially by the department as required by Section 40062 and any implementing regulations.
(3)The department shall create an online registration form to facilitate submitting reports pursuant to this subdivision.
(4)Producers shall submit the information required by the department pursuant to paragraph (1) using the format established by the department pursuant to paragraph (3).
(5)The department’s regulations shall establish appropriate timelines to begin reporting following the
adoption of regulations. The department shall consider the amount of information being reported in developing the timelines.
(h)
(5)In developing the regulations, the department shall count a producer’s source
reductions achieved to comply with Chapter 5.5 (commencing with Section 42300) toward compliance with this chapter.
(6)
(i)If the department determines that early actions to source reduce certain single-use packaging and priority single-use products can further the purposes of this chapter, the department may adopt regulations to achieve those reductions. If the department adopts regulations pursuant to this subdivision, the department shall report that
action to the Legislature in the next report submitted pursuant to Section 42060.
(k)The department may determine which actions producers may undertake to achieve the requirements of subdivision (a) based on packaging or product category.
(l)
(m)
(n)
(o)
42051.
(a) (1) The department may adopt emergency regulations to implement and enforce(1)Subdivision (g) of Section 42050.
(2)Subdivision (i) of Section 42050.
(3)
(4)Section 42055.
(5)Section 42080.
42051.5.
(a) (1) The department shall, through adopting regulations, require producers, retailers, and wholesalers to register with and report to the department.42052.
(a) In adopting regulations pursuant to Section 42050, the department shall develop criteria to determine whether the packaging or priority single-use products are reusable, recyclable, or compostable.42053.
(a) In implementing this chapter, the department shall establish a Circular Economy and Waste Pollution Reduction Panel for the purpose of identifying barriers and solutions to creating a circular economy consistent with this chapter. The panel shall be composed of one or more members from each of the following disciplines, with equal representation from each discipline:(6)Recyclers.
42054.
(a) Single-use packaging and priority single-use products offered for sale, sold, distributed, or imported in or into(b)(1)Notwithstanding subdivision (a), the department may, subject to paragraph (3), impose a higher or lower recycling rate for single-use packaging or priority single-use products as needed to achieve the requirements established in Section 42050.
(2)
(3)
42054.1.42055.
The department shall post on its internet website a list of(a)A retailer and wholesaler shall register with the department and do both of the following:
(1)Report to the department the producers that provide the retailer or wholesaler with single-use packaging, products packaged in single-use packaging, or priority single-use products.
(2)Not offer for sale or sell single-use packaging, a product packaged in single-use packaging, or a priority single-use product if the producer of the single-use packaging or priority single-use product is listed as noncompliant on the department’s internet website pursuant to Section 42054.1.
(b)The department may require electronic
registration and reporting by retailers and wholesalers.
(a)In complying with this chapter, producers, retailers, and wholesalers shall do all of the following:
(1)Upon request, provide the department with reasonable and timely access to its facilities and operations, as necessary to determine compliance with this chapter.
(2)Upon request, provide the department with relevant records necessary to determine compliance with this chapter.
(b)Provide required reports and data that are accurate and attested to under penalty of perjury as required by the department.
Article 3. Implementation and Enforcement
42060.
(a) The department shall report to the Legislature42061.
(a) (1) (A) The department may issue a notice of violation to and impose an administrative civil penalty not to exceed fifty thousand dollars ($50,000) per day per violation on any entity not in compliance with this chapter or any of the regulations the department adopts to implement this(4)(A)The department may extend a previously established timeframe for a producer to comply with a corrective action plan for up to 24 months if the department sets forth steps for the producer to achieve compliance with the corrective action plan and if the producer has demonstrated that it has made a substantial effort to comply and that there are extenuating circumstances that have prevented it
from complying.
(B)For purposes of this paragraph, “substantial effort” means that a producer has taken all practicable actions to comply with a corrective action plan. Substantial effort does not include circumstances in which the decisionmaking body of a producer has not taken the necessary steps to comply with a corrective action plan, including, but not limited to, a failure to provide staff resources or a failure to provide sufficient funding to ensure compliance with a correction action plan.
Article
4. Single-use Single-Use Packaging and Priority Single-use Single-Use Product Stewardship
42070.
(a) The department42071.
(a)(c)
(d)
42072.
(a)42073.
42073.5.
(a) A stewardship organization shall register in the department’s Recycling and Disposal Reporting System and annually submit to the system all of the following information in accordance with the timeframe established in subdivision (b):42074.
(a) The department shall review the annual report and budget for compliance with this article and shall approve, disapprove, or conditionally approve the report and budget within 120 days of receipt of the annual report.42075.
(a) A stewardship organization, as part of its stewardship plan, shall set up a trust fund or an escrow account, into which it shall deposit all unexpended42076.
(a) Except as provided in subdivision (c), an action specified in subdivision (b) that is taken by a stewardship organization or its members is not a violation of the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), the Unfair Practices Act (Chapter 4 (commencing with Section 17000) of Part 2 of Division 7 of the Business and Professions Code), or the Unfair Competition Law (Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code).42077.
A court shall award a prevailing party in a civil action brought against a stewardship organization or its agent to enforce a franchise, contract, license, permit, or other authorization granted pursuant to subdivision (a) of Section 40059 reasonable attorney’s fees, expert witness fees, and other costs incurred in the course of the litigation in an amount the court, in its discretion, deems appropriate. A local agency, as defined in paragraph (2) of subdivision (b) of Section 40059.1, is not an agent of a stewardship organization for purposes of this section.42078.
This article does not authorize the department to require a producer, retailer, or wholesaler to participate in a stewardship organization.Article 5. California Circular Economy Regulatory Fee
42080.
(a) (1) The department shall(3)If a fee paid by a producer pursuant to the California Beverage Container Recycling and Litter Reduction Act (Division 12.1 (commencing with Section 14500)) or any other programs relevant to this chapter results in reduced costs of regulating that producer under this chapter, the department shall
account for that reduced cost of regulation when determining the amount of the California circular economy regulatory fee to impose on that producer.
(c)If the state loans money from a fund to the California Circular Economy Fund for managing single-use packaging or priority single-use products in the state, moneys in the California Circular Economy Fund may be used toward repaying a loan that was made before January 1, 2020, or any other loan of public funds made for the purposes set forth in this section.