Bill Text: CA SB551 | 2023-2024 | Regular Session | Amended

California Senate Bill 551 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Beverage containers: recycling.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2024-09-29 - Chaptered by Secretary of State. Chapter 983, Statutes of 2024. [SB551 Detail]

Download: California-2023-SB551-Amended.html

Amended IN Assembly February 12, 2024

Amended IN Assembly January 29, 2024

Amended IN Assembly June 15, 2023

Amended IN Senate May 01, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 551

Introduced by Senator Portantino

February 15, 2023

An act to add Section 14549.9 to the Public Resources Code, relating to beverage containers, and declaring the urgency thereof, to take effect immediately.

LEGISLATIVE COUNSEL'S DIGEST

SB 551, as amended, Portantino. Beverage containers: recycling.

The California Beverage Container Recycling and Litter Reduction Act requires plastic beverage containers sold by a beverage manufacturer, as specified, to contain a specified average percentage of postconsumer recycled plastic per year. The act requires the manufacturer of a beverage sold in a plastic beverage container subject to the California Redemption Value to report to the Department of Resources Recycling and Recovery certain information about the amounts of virgin plastic and postconsumer recycled plastic used for plastic beverage containers subject to the California Redemption Value for sale in the state in the previous calendar year. Existing law provides that a violation of the act or a regulation adopted pursuant to the act is a crime.

This bill would authorize certain beverage manufacturers to ~~comply with~~ submit with other beverage manufacturers a consolidated report that identifies the postconsumer recycled plastic content ~~requirements~~ for beverage containers and the amounts of virgin plastic and postconsumer recycled plastic ~~reporting requirements by submitting a consolidated report with aggregated information that covers one or more beverage manufacturers,~~ used in beverage containers, as specified. The bill would require the consolidated report to be submitted under penalty of perjury. The bill would authorize the department to adopt regulations to implement the bill’s provisions, as specified. Because these provisions would expand the scope of a ~~crime,~~ crime and would create a new perjury crime, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

This bill would declare that it is to take effect immediately as an urgency statute.

Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: YES

The people of the State of California do enact as follows:

SECTION 1.

Section 14549.9 is added to the Public Resources Code, to read:

14549.9.

(a) A beverage manufacturer may ~~comply with the requirements of Section 14547 and subdivision (a) of Section 14549.3 by submitting~~ agree with one or more beverage manufacturers to submit a consolidated report to the department under penalty of perjury with aggregated information required by Section 14547 and subdivision (a) of Section 14549.3 that covers one or more beverage manufacturers if those beverage manufacturers share rights to the same brands or the products of which are distributed, marketed, or manufactured by a single reporting beverage manufacturer. ~~The beverage manufacturer that submits the consolidated report and all beverage manufacturers covered under the consolidated report shall be responsible for the report’s content.~~ Beverage manufacturers included in the aggregated report shall be jointly and severally responsible for compliance with Section 14547 and subdivision (a) of Section 14549.3 and for penalties imposed in connection with the report, including, but not limited to, the annual administrative penalty specified in subdivision (b) of Section 14547.

(b) The department may adopt regulations as necessary to implement subdivision (a). Until January 1, 2025, the adoption and readoption of regulations to implement subdivision (a) shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the department is hereby exempted from the requirement that it describe facts showing the need for immediate action and from review of the emergency regulations by the Office of Administrative Law.

SEC. 2.

No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

SEC. 3.

This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:

In order to justly and properly report compliance with existing law and provide accurate information to the Department of Resources Recycling and Recovery and to California consumers in order to protect the integrity of the program, it is necessary that this act take effect immediately.