Fiberglass Recycled Content Act of 1991: enforcement.

Existing law establishes the California Beverage Container Recycling and Litter Reduction Act, which is administered by the Department of Resources Recycling and Recovery, to promote beverage container recycling. The act requires each glass container manufacturer to use a minimum percentage of 35 percent of postfilled glass in the manufacturing of glass food, drink, or beverage containers. Existing law, the Fiberglass Recycled Content Act of 1991, requires a fiberglass manufacturer to ensure that the annual tonnage of fiberglass manufactured or sold in the state by that manufacturer contains at least 30% cullet, except as specified. The act defines "cullet" as postconsumer glass from food, drink, or beverage containers, or any other glass not generated by fiberglass manufacturing. The act requires the Department of Resources Recycling and Recovery to refer to the Attorney General, for prosecution for fraud, a person providing a fiberglass manufacturer with false or misleading information concerning the recycled content of glass cullet, within 30 days of making that determination. This bill would extend the time period for which the department would be required to refer an action for fraud to the Attorney General to within 45 days of the department's determination. Because the bill would increase the number of actions referred for fraud prosecution, 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.