Solid waste: thermoform plastic containers: postconsumer thermoform recycled plastic.

(1) The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, requires a rigid plastic packaging container, as defined, sold or offered for sale in this state, to meet, on average, at least one of 5 specified criteria, including that the container be made from 25% postconsumer material. This bill, commencing January 1, 2025, would require the total thermoform plastic containers sold or imported by a producer, as defined, to contain, on average, specified amounts of postconsumer thermoform recycled plastic, as defined, per year pursuant to a tiered plan that would require the total thermoform plastic containers to contain, on average, and depending on the recycling rate, no less than 20% or 30% postconsumer recycled plastic per year on and after July 1, 2030. The bill would exempt from these requirements, as specified, thermoform plastic containers used to package dairy products if the department determines pursuant to an application submitted by one or more dairy products manufacturers that certain conditions exist. The bill would require, on or before March 1 of each year, a producer to report to the department, under penalty of perjury, the amount in pounds of all thermoform plastic containers sold in or imported into the state for the preceding calendar year, the number of containers returned and refilled, and the amount in pounds of each type of postconsumer resin used in those containers. By expanding the crime of perjury, the bill would impose a state-mandated local program. The bill would require certain importers and manufacturers of thermoform plastic containers to register and pay a fee to the department and would require those entities and certain purchasers and exporters to report to the department specified sales and other information. The bill would require the department to post the reported information on its internet website. The bill would require certain entities to maintain specified records and documentation. This bill would authorize the department to conduct audits and investigations and take enforcement action against a producer to ensure compliance. The bill would exempt from the California Public Records Act trade secrets and proprietary information obtained from those audits and investigations. The bill would impose annual administrative penalties in a specified amount, calculated and authorized to be adjusted by the department, for violating these requirements. The bill would require collected administrative penalties to be deposited into the Thermoform Recycling Enhancement Penalty Account, which the bill would create. The bill would make funds in the penalty account available only upon appropriation by the Legislature. (2) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. (3) 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.