Bill Text: CA SB1231 | 2023-2024 | Regular Session | Amended
Bill Title: Plastic Pollution Prevention and Packaging Producer Responsibility Act: environmental advertising.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2024-08-15 - August 15 hearing: Held in committee and under submission. [SB1231 Detail]
Download: California-2023-SB1231-Amended.html
|
Amended
IN
Assembly
July 03, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Senate Bill
No. 1231
| Introduced by Senator Allen |
February 15, 2024 |
An act to amend Sections 42061 and 42355.51 of the Public Resources Code, relating to solid waste.
LEGISLATIVE COUNSEL'S DIGEST
SB 1231, as amended, Allen.
Plastic Pollution Prevention and Packaging Producer Responsibility Act: environmental advertising.
(1) The Plastic Pollution Prevention and Packaging Producer Responsibility Act covers certain single-use packaging and plastic single-use food service ware, as provided. As part of its comprehensive statutory scheme, the act requires producers of those covered materials to reduce and recycle the covered plastic material and to ensure that covered materials that are offered for sale, distributed, or imported in or into the state on or after January 1, 2032, are recyclable or compostable, as provided. The act authorizes the Department of Resources Recycling and Recovery to identify materials that are trending toward meeting specified requirements and criteria to be considered recyclable within the state, as provided, and requires those material types and forms to be considered and labeled as recyclable in the state as long as the material types and forms meet
certain requirements.
This bill would instead authorize a producer or group of producers of products using covered materials to to, on or before January 1, 2026, petition the department to identify material types and forms that meet those specified requirements and criteria to be considered as recyclable in the state. The bill would require the department to review the petition and approve or deny it within 60 days of receipt, as provided.
(2) Existing law provides that a product or packaging that displays a chasing arrows symbol, among other symbols, statements, or directions, is deemed to be a deceptive or misleading claim unless the product or packaging is considered recyclable pursuant to statewide
recyclability criteria and is of a material type and form that routinely becomes feedstock used in the production of new products or packaging, except for products or packaging manufactured up to 18 months after the date the department publishes or updates a specified material characterization study, as provided. Existing
This bill would additionally exempt from the above-described provisions any product or packaging that has been manufactured up to 24 months after the date the department publishes its first update to a specified material characterization study and for which a producer or group of producers has submitted a specified petition to the department.
(3) Existing law provides that a product or packaging is not considered recyclable in the state unless the product or packaging meets specified criteria, including that the product or packaging does not contain an intentionally added chemical identified pursuant to specified regulations.
This bill would expand that exemption to up to 24 months after the date the department publishes or updates the specified material characterization study. The bill would exclude chemicals that are disclosed only for purposes of compliance with a specified regulation governing the disclosure of chemicals on a list produced under the Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65) from the intentionally added chemicals that would affect whether a product or package is considered recyclable in this state.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 42061 of the Public Resources Code is amended to read:42061.
The department shall do all of the following:(a) (1) By July 1, 2024, the department shall establish and post on its internet website a list of covered material categories. The department may consider material types and forms referenced in waste characterization studies or material characterization studies for determining the categories.
(2) The department shall conduct and publish on its internet website a characterization study of covered material categories that are disposed of in California landfills. The department’s activities pursuant to this paragraph, including the department’s determination of the appropriate facilities
to include in the study, are exempt from Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(3) (A) For the department’s first material characterization study conducted pursuant to paragraph (2), which the department shall complete on or before July 1, 2025, the department shall conduct disposal-based characterization studies to determine the approximate amount of covered material disposed of in California landfills.
(B) A
producer or group of producers may petition the department department, on or before January 1, 2026, to identify material types and forms that are trending toward meeting the requirements in subparagraphs (A) and (B) of paragraph (2) of subdivision (d) of Section 42355.51 and measurable increase of statewide collection and sorting rates through either statewide recycling programs or alternative programs, such as take-back systems, and for which the continued increase in the collection, sorting, and viable responsible end market development the department determines will be disrupted by a loss of a recyclable designation. The department shall approve or deny a petition within 60 days of receipt of the petition. In
reviewing a petition, the department may consider information provided in the petition as well as information received through the department’s characterization study. A denial shall be accompanied by a written statement detailing the reasons for the denial and additional information that may be helpful in approving future petitions. Identified material types and forms shall be considered recyclable in the state and may be labeled as recyclable, notwithstanding subparagraphs (A) and (B) of paragraph (2) of subdivision (d) of Section 42355.51, so long as the material types and forms satisfy subparagraphs (A) to (D), inclusive, of paragraph (3) of subdivision (d) of Section 42355.51 and until the material types and forms are a part of, and in compliance with, a program described in paragraph (6) of subdivision (d) of Section 42355.51.
(4) The
department shall update the material characterization study required pursuant to this subdivision in 2028, 2030, 2032, and at least every four years thereafter.
(5) Notwithstanding paragraphs (2) and (3), the department may publish additional information that was not available at the time of the most recent periodic material characterization study regarding the appropriate characterization of material types and forms.
(6) For purposes of studying a representative sample of material types and forms in the state, within 90 calendar days of a department request, a transfer, processing, or recycling facility shall allow for periodic sampling conducted by a designated representative of the department on a mutually agreed upon date and time. The department shall not require a periodic
sampling of a transfer, processing, or recycling facility if that facility was sampled during the previous 24 months.
(7) For each material characterization study conducted pursuant to this subdivision, the department shall publish on its internet website the preliminary findings of the study and conduct a public meeting to present the preliminary findings and receive public comments. The public meeting shall occur at least 30 calendar days after the department publishes the preliminary findings. After receiving and considering public comments, and within 60 calendar days of the public meeting, the department shall finalize and publish on its internet website the findings of the study.
(b) (1) By January 1, 2026, the department shall calculate and publish
on its internet website the current recycling rates being achieved in the state for each covered material category. These recycling rates shall be deemed to meet the description in subdivision (g) of Section 11340.9 of the Government Code and may be filed by the Office of Administrative Law, at the request of the department, pursuant to Section 11343.8 of the Government Code.
(2) In determining a recycling rate, the department may consider data gathered pursuant to any of the following, including any amendments thereto:
(A) Chapter 746 of the Statutes of 2015.
(B) Chapter 6 (commencing with Section 42370).
(C) Chapter 395 of the Statutes of 2016.
(D) Chapter 5.5 (commencing with Section 42300).
(E) Division 12.1 (commencing with Section 14500).
(F) Chapter 5.7. 5.7 (commencing with Section 42355).
(G) Data voluntarily provided by local jurisdictions.
(H) Data and information received from producers.
(I) Any other relevant data and information received by the department.
(c) By January 1, 2024, the department shall publish on its internet website a list of covered material categories that are, based on available collection and processing infrastructure and recycling markets, deemed recyclable as of January 1, 2024. Covered material is deemed recyclable if it meets the requirements of Section 17989.2 of Title 14 of the California Code of Regulations, as that section existed on January 1, 2023, and Section 42355.51. The list shall include covered material categories identified by the department and considered recyclable pursuant to subdivision (d) of Section 42355.51.
(d) By January 1, 2024, the department shall create and post on its internet website a list of covered material categories that are deemed compostable as of January 1, 2024. Covered material is deemed compostable if it meets the
requirements to be labeled as compostable pursuant to Chapter 5.7 (commencing with Section 42355).
(e) The department shall determine a process for updating the lists created pursuant to subdivisions (c) and (d) to either add covered material categories that are deemed to meet all of the criteria in either subdivision (c) or (d) or remove covered material categories if they can no longer be deemed recyclable or compostable pursuant to subdivision (c) or (d). As part of the process, the department shall update the list at least annually until January 1, 2032. After January 1, 2032, the department shall regularly, but no less than once every two years, evaluate the list to determine if it is still accurate and update it as needed. Covered material categories deemed to be recyclable or compostable as of January 1, 2032, and listed
pursuant to subdivision (c) or (d) shall be deemed to be compliant with subdivision (b) of Section 42050 until and unless the department determines that the covered material category no longer meets the requirements of subdivision (c) or (d).
(f) (1) The department shall determine a process for updating the rates published pursuant to subdivision (b). The department shall update the list at least every two years and shall regularly, but no less than once every two years, evaluate the list of rates to determine whether the rates are still accurate. After evaluation, the department may amend the list to remove, add, or change rates. The department shall post any updates to the list on its internet website.
(2) A producer may demonstrate compliance with the
rates in subdivision (c) of Section 42050 by submitting to the department evidence that the particular type of covered material meets the applicable recycling rate by reference to a recycling rate on the department’s list or through another mechanism approved by the department.
(3) A producer that seeks to have a rate included or changed on the list, or a covered material category added to the list, may be required by the department to submit data for purposes of the department’s determination of the rate to include on the list or the appropriateness of adding the category.
(4) Publication of and updates made to the list pursuant to this subdivision are exempt from Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
SEC. 2.
Section 42355.51 of the Public Resources Code is amended to read:42355.51.
(a) A person shall not offer for sale, sell, distribute, or import into the state any product or packaging for which a deceptive or misleading claim about the recyclability of the product or packaging is made.(b) (1) Subject to paragraph (2), a product or packaging that displays a chasing arrows symbol, a chasing arrows symbol surrounding a resin identification code, or any other symbol or statement indicating the product or packaging is recyclable, or otherwise directing the consumer to recycle the product or packaging, is deemed to be a deceptive or misleading claim pursuant to this section and Section 17580.5 of the Business and Professions Code unless
the product or packaging is considered recyclable in the state pursuant to subdivision (d) and is of a material type and form that routinely becomes feedstock used in the production of new products or packaging.
(2) Paragraph (1) does not apply to either any of the following:
(A) Any product or packaging that is manufactured up to 24 18 months after the date the department publishes the first material characterization study required pursuant to
subparagraph (B) of paragraph (1) of subdivision (d), or before January 1, 2024, whichever is later.
(B) Any product or packaging manufactured up to 24 18 months after the date the department updates the material characterization study pursuant to subparagraph (B) of paragraph (1) of subdivision (d), if the product or packaging satisfied or, for a new product or packaging, would have satisfied, the requirements to be considered recyclable in the state pursuant to subdivision (d) before the publication of the updated study.
(C) Any product or
packaging manufactured up to 24 months after the date the department publishes its first update to the material characterization study pursuant to subparagraph (B) of paragraph (1) of subdivision (d) and for which a producer or group of producers has submitted a petition to the department pursuant to subparagraph (B) of paragraph (3) of subdivision (a) of Section 42061.
(3) Subject to paragraph (2), for a product or packaging that is not considered to be recyclable in the state pursuant to subdivision (d), all of the following apply:
(A) Displaying a chasing arrows symbol or any other statement indicating the product is recyclable directly on the product shall be deemed to be deceptive or misleading pursuant to this section and Section 17580.5 of the Business and Professions Code.
(B) If a product or packaging has multiple material types, a chasing arrows symbol or statement indicating recyclability may be displayed on the external packaging that is considered to be recyclable in the state pursuant to subdivision (d) if the chasing arrows symbol or statement makes clear in the same or greater font, font size, or symbol size which other components of the product or packaging are not recyclable.
(C) Displaying a chasing arrows symbol or any other statement indicating recyclability on packaging containing a consumable product shall, for purposes of this section, be deemed to refer only to the packaging. For purposes of this subparagraph, “consumable product” means a commodity that is intended to be used and not disposed of.
(c) For purposes of this section, the following do not constitute a deceptive or misleading claim about the recyclability of the product or packaging pursuant to this section or Section 17580.5 of the Business and Professions Code:
(1) A person using a chasing arrows symbol in combination with a clearly visible line placed at a 45-degree angle over the chasing arrows symbol to convey that an item is not recyclable.
(2) A consumer good that is required by any federal or California law or regulation to display a chasing arrows symbol, including, but not limited to, Section 103(b)(1) of the federal Mercury-Containing and Rechargeable Battery Management Act (42 U.S.C. Sec. 14322(b)(1)) and Section 25215.65 of the Health and
Safety Code.
(3) Directing a consumer to compost or properly dispose of a consumer good through an organics recycling program.
(4) A resin identification code placed inside a solid equilateral triangle.
(d) (1) On or before January 1, 2024, in order to provide information to the public sufficient for evaluating whether a product or packaging is recyclable in the state according to the criteria set forth in paragraph (2) and is of a material type and form that routinely becomes feedstock used in the production of new products or packaging, the department shall do both of the following:
(A) (i) Update the regulations
promulgated pursuant to Section 41821.5 to include both of the following in the information to be submitted to the department pursuant to that section:
(I) How the material collected or processed by the operations and facilities was collected.
(II) What material types and forms are actively recovered, and not considered contaminants, by the operation or facility.
(ii) The department shall publish the information required pursuant to clause (i) in a form the department deems appropriate for achieving the purpose of this section consistent with the requirements of paragraph (3) of subdivision (b) of Section 41821.5.
(B) (i) To get a
representative sample of recycling programs in the state, the department shall conduct and publish on its internet website a characterization study of material types and forms that are collected, sorted, sold, or transferred by solid waste facilities deemed appropriate by the department for inclusion in the study. The department’s activities pursuant to this subparagraph, including the department’s determination of the appropriate facilities to include in the study, are exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(ii) The department shall update the material characterization study required pursuant to this subparagraph every five years, with the first update being issued by the department in 2027.
(iii) Notwithstanding clauses (i) and (ii), the department may publish additional information that was not available at the time of the most recent periodic material characterization study regarding the appropriate characterization of material types and forms.
(iv) For purposes of studying a representative sample of material types and forms in the state, within 90 days of a department request, a facility shall allow for periodic sampling conducted by a designated representative of the department on a mutually-agreed upon date and time. The department shall not request a periodic sampling of a facility if that facility was sampled during the previous 24 months.
(v) For each material characterization study conducted pursuant to this subparagraph, the department shall
publish on its internet website the preliminary findings of the study and conduct a public meeting to present the preliminary findings and receive public comments. The public meeting shall occur at least 30 days after the department publishes the preliminary findings. After receiving and considering public comments, and within 60 days of the public meeting, the department shall finalize and publish on its internet website the findings of the study.
(2) Subject to paragraph (3), a product or packaging is considered recyclable in the state if, based on information published by the department pursuant to subparagraph (B) of paragraph (1), the product or packaging is of a material type and form that meets both of the following requirements:
(A) The material type and form is
collected for recycling by recycling programs for jurisdictions that collectively encompass at least 60 percent of the population of the state.
(B) (i) The material type and form is sorted into defined streams for recycling processes by large volume transfer or processing facilities, as defined in regulations adopted pursuant to Section 43020, that process materials and collectively serve at least 60 percent of recycling programs statewide, with the defined streams sent to and reclaimed at a reclaiming facility consistent with the requirements of the Basel Convention.
(ii) The department may adopt regulations modifying this
requirement to encompass transfer or processing facilities other than large volume transfer or processing facilities, as the department deems appropriate for achieving the purposes of this section.
(3) A product or packaging shall not be considered recyclable in the state unless the product or packaging meets all of the following criteria, as applicable:
(A) For plastic packaging, the plastic packaging is designed to not include any components, inks, adhesives, or labels that prevent the recyclability of the packaging according to the APR Design® Guide published by the Association of Plastic Recyclers.
(B) For plastic products and non-plastic
nonplastic products and packaging, the product or packaging is designed to ensure recyclability and does not include any components, inks, adhesives, or labels that prevent the recyclability of the product or packaging.
(C) The product or packaging does not contain an intentionally added chemical identified pursuant to the regulations implementing subparagraph (4) of subdivision (g) of Section 42370.2, excluding chemicals that are disclosed only for purposes of compliance with paragraph (2) of subdivision (a) of Section 17989.2 of Title 14 of the California Code of Regulations.
(D) The product or packaging is not made from plastic or fiber that contains perfluoroalkyl or polyfluoroalkyl substances or PFAS that meets either of the following
criteria:
(i) PFAS that a manufacturer has intentionally added to a product or packaging and that have a functional or technical effect in the product or packaging, including the PFAS components of intentionally added chemicals and PFAS that are intentional breakdown products of an added chemical that also have a functional or technical effect in the product.
(ii) The presence of PFAS in a product or product component or packaging or packaging component at or above 100 parts per million, as measured in total organic flourine.
(4) Notwithstanding paragraphs (2) and (3), a product or packaging is recyclable in the state if the product or packaging has a demonstrated recycling rate of at least 75 percent, meaning that not
less than 75 percent of the product or packaging sorted and aggregated in the state is reprocessed into new products or packaging.
(5) (A) Before January 1, 2030, notwithstanding paragraphs (2) and (3), a product or packaging not collected pursuant to a curbside collection program is recyclable in the state if the non-curbside collection program recovers at least 60 percent of the product or packaging in the program and the material has sufficient commercial value to be marketed for recycling and be transported at the end of its useful life to a transfer, processing, or recycling facility to be sorted and aggregated into defined streams by material type and form.
(B) After January 1, 2030, notwithstanding paragraphs (2) and (3), a product or packaging not
collected pursuant to a curbside collection program is recyclable in the state if the non-curbside collection program recovers at least 75 percent of the product or packaging in the program and the material has sufficient commercial value to be marketed for recycling and be transported
at the end of its useful life to a transfer, processing, or recycling facility to be sorted and aggregated into defined streams by material type and form.
(6) Notwithstanding paragraphs (2) and (3), a product or packaging is recyclable in the state if the product or packaging is part of, and in compliance with, a program established pursuant to state or federal law on or after January 1, 2022, governing the recyclability or disposal of that product or packaging if the director determines that the product or packaging will not increase contamination of curbside recycling or deceive consumers as to the recyclability of the product or packaging.
(7) The information published by the department pursuant to paragraph (1) shall not limit the discretion of a local agency under
existing law to decide whether, and to what extent, a material type or form shall be accepted by a local recycling program.
(e) For purposes of this section, “chasing arrows symbol” has the meaning set forth in subdivision (f) of Section 17580 of the Business and Professions Code.
(f) Consistent with the waste hierarchy established pursuant to Section 40051, and pursuant to Section 40180, for purposes of this section, “recycling,” “recyclable,” and “recyclability” do not include transformation, as defined in Section 40201, EMSW conversion, or production of fuels.
