42370.2.42385.2.
(a) The Legislature finds and declares all of the following:(1) California had a statewide recycling rate of 50 percent in 2014, which had remained consistent for the preceding five years.
(2) In 2011, AB 341 (Chapter 476 of the Statutes of 2011) established a new statewide goal of diverting 75 percent of solid waste, through source reduction, recycling, and composting, by 2020.
(3) California is home to a number of expanded polystyrene food service packaging manufacturers that produce a variety of products. These facilities employ thousands of Californians and are important components of the state’s economy.
(4) Polystyrene Expanded polystyrene food service packaging, such as cups, to-go containers, and other single-use containers, provide consumers with a convenient and cost-effective way of carrying food and beverages from a restaurant or other food service provider, a way that keeps food and beverages hot or cold and does not absorb liquids.
(5) Manufacturers, distributors, and users of expanded polystyrene food service packaging and resin producers have a shared responsibility to identify, finance, and implement expanded polystyrene food service packaging life cycle management solutions that are both environmentally responsible and economically sustainable. These solutions include, but are not limited to, reuse of expanded polystyrene food service packaging
packaging, enhanced collection, sorting, and recycling programs for expanded polystyrene food service packaging packaging, anti-litter, pollution prevention, and other public education programs
programs, and developing and supporting emerging material recycling and conversion technologies to facilitate greater reuse and recycling of expanded polystyrene food service packaging.
(6) Manufacturers of expanded polystyrene food service packaging, resin producers, transporters, solid waste haulers, recyclers, the State of California, local governments, and other stakeholders should work together to develop and implement programs to ensure that
expanded polystyrene food service packaging is managed in an environmentally sound and economically sustainable manner.
(b) It is the intent of the Legislature in adopting this chapter to do all of the following:
(1) To increase the amount of expanded polystyrene food service packaging waste that is diverted from landfills and recycled into new products or otherwise managed in a manner that is consistent with the state’s hierarchy for waste management practices pursuant to Section 40051.
(2) To reduce the amount of
expanded
polystyrene food service packaging that is disposed of in landfills, littered, or improperly disposed of.
(3) To reduce the amount of litter affecting the creeks and other waterways in California.
(4) To increase opportunities for businesses or multifamily complexes to save money.
(5) To create jobs in California by providing materials for recycling to manufacturing facilities.
(6) To reduce greenhouse gas emissions.
(7) To keep valuable materials out of landfills.
(8) To create a healthy environment for the community
and future generations by recovering natural resources by increasing the recycling of expanded polystyrene food service packaging.
(9) To encourage increasing the availability of opportunities for California residents to recycle expanded polystyrene food service packaging and to encourage the development of recycling and recovery technologies for expanded polystyrene food service packaging. It is anticipated that the methods and programs that will be developed under this chapter will serve as a model for similar programs addressing other types of recyclable
materials.
(10) To create incentives to increase the availability of curbside recycling of expanded polystyrene food service packaging to California residents to accomplish all of the following:
(A) By the fifth year of the program, to provide access to curbside recycling of expanded polystyrene food service packaging to 30 percent of California residents.
(B) By the 10th year of the program, to provide access to curbside recycling of expanded
polystyrene food service packaging to 40 percent of California residents.
(C) By the 15th year of the program, to provide access to curbside recycling of expanded
polystyrene food service packaging to 50 percent of California residents.
(D) By the 20th year of the program, to provide access to curbside recycling of expanded polystyrene food service packaging to 60 percent of California residents.
42370.4.42385.4.
(a) For purposes of this chapter, and unless the context otherwise requires, the following terms have the following meanings:(1) “Community recycling access rate” means the number of residents in a jurisdiction that have access to a residential curbside collection or drop off dropoff program that accepts
expanded polystyrene food service packaging for recycling, divided by the total number of residents in the jurisdiction.
(2) “Department” means the Department of Resources Recycling and Recovery.
(3)“Jurisdiction” means a city,
county, special district, or other local governmental entity responsible for the collection of solid
waste.
(4)“Material recovery facility” means a facility that sorts residential solid waste that includes recyclable materials for the purpose of separating recyclable materials from materials destined for disposal at a landfill.
(5)“Polystyrene
(3) “Expanded polystyrene” means polystyrene that has been expanded or blown using a blowing agent into a solid foam.
(4) “Expanded polystyrene food service packaging” or “PFP” means a container or other single-use food service packaging product that is labeled or should be labeled with resin code “6” pursuant to Section 18015 and that is used by food service providers to carry or contain food and beverages that are prepared onsite for customer consumption offsite.
(6)“Polystyrene
(5) “Expanded polystyrene food service packaging assessment fee” or “assessment fee” means the
assessment fee collected pursuant to Article 3 (commencing with Section 42372).
42387).
(7)“Polystyrene
(6) “Expanded polystyrene food service packaging manufacturer” or “manufacturer” means a person or entity that manufactures polystyrene food service packaging that is sold, offered for sale, or distributed for use in the state. If polystyrene food service packaging sold in the state is manufactured by a person or entity outside of the state, then “manufacturer” means the person or entity that imports the polystyrene food
service packaging into the state for sale, distribution, or use in the state.
(8)“Polystyrene
(7) “Expanded Polystyrene Food Service Packaging Recycling Organization” or “organization” means the organization composed of PFP manufacturers and resin producers formed or designated pursuant to Section 42371. 42386.
(8) “Jurisdiction” means a city, county, special district, or other local governmental entity responsible for the collection of solid waste.
(9) “Material recovery facility” means a facility that sorts residential solid waste that includes recyclable materials for the purpose of separating recyclable materials from materials destined for disposal at a landfill.
(9)
(10) “Program” means the
expanded polystyrene food service packaging program implemented in accordance with this chapter.
(10)
(11) “Recycle” means to divert PFP that has been used and discarded and would otherwise become solid waste for the purpose of being transformed, converted back to styrene monomer, or regenerated or reused in the production of a useful product.
(11)
(12) “Resin producer” means a producer of polystyrene resin that is sold for use in PFP.
(12)
(13) “Water board” means the State Water Resources Control Board.
(b) Terms not specifically defined in this section shall be interpreted consistent with their meaning elsewhere in this division.