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

(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, on and after January 1, 2024, would require the total thermoform plastic containers, as defined, sold by a producer, as defined, or purchased in a certain quantity, in the state 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 June 1, 2030. The bill would exclude a person or company that produces, harvests, and packages an agricultural commodity on the site where the commodity is grown or raised from this requirement. The bill would authorize the department to conduct audits and investigations and take an enforcement action against a producer for the purpose of ensuring 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, as prescribed, on a producer 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 moneys in the penalty account available only upon appropriation by the Legislature. 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 and by resin type of virgin plastic and postconsumer thermoform recycled plastic used to manufacture the thermoform plastic containers sold or offered for sale in the state in the previous calendar year. 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 of those containers to, on or before March 1 of each year, report to the department specified sales and other information. The bill would also require certain of those entities to maintain specified records and documentation. By expanding the crime of perjury, the bill would impose a state-mandated local program. The bill would require the department to post the reported information on its internet website, as specified. (2) The California Beverage Container Recycling and Litter Reduction Act, which is administered by the Department of Resources Recycling and Recovery, is established to promote beverage container recycling and provides for the payment, collection, and distribution of certain payments and fees based on minimum refund values established for beverage containers. Under the act, "commingled rate" is defined as the ratio of empty beverage containers to all other containers of the same material type, as determined by the department. The act requires the department to recalculate commingled rates paid for beverage containers and postfilled containers, as provided. The act authorizes the department to calculate a curbside recycling program commingled rate for bimetal containers, and a combined commingled rate for all plastic beverage containers displaying certain resin identification codes, as provided. This bill would instead define "commingled rate" as the ratio of empty beverage containers to all other containers of the same material type and form, as determined by the department. The bill would delete the department's authority related to commingled rates for bimetal containers and plastic beverage containers, as described above. The bill would require the department to exclude thermoform plastic for purposes of calculating the commingled rate for each type of plastic container. (3) 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. (4) 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.