SECTIONS 42290-42298 - California Statutes

PUBLIC RESOURCES CODE

SECTION 42290-42298

42290. For purposes of this chapter, the following terms have the
following meaning:
(a) "Manufacturer" means a person who manufactures plastic trash
bags for sale in this state.
(b) (1) "Plastic trash bag" means a bag that is manufactured for
intended use as a container to hold, store, or transport materials to
be discarded, composted, or recycled, including, but not limited to,
garbage bags, composting bags, lawn and leaf bags, can-liner bags,
kitchen bags, compactor bags, and recycling bags.
(2) A plastic trash bag does not include a grocery sack or any
other bag that is manufactured for intended use as a container to
hold, store, or transport food.
(3) A plastic trash bag does not include any plastic bag that is
used for the purpose of containing either of the following wastes:
(A) "Hazardous waste," as defined in Section 25117 of the Health
and Safety Code.
(B) "Medical waste," as defined in Section 117690 of the Health
and Safety Code.
(c) "Postconsumer material" means a finished product that would
normally be disposed of as solid waste, having completed its intended
end-use and product life cycle. "Postconsumer material" does not
include manufacturing and fabrication scrap.
(d) "Regulated bag" means a plastic trash bag of 0.70 mil or
greater thickness that is intended for sale in the state.
(e) "Wholesaler" means any person who purchases plastic trash bags
from a manufacturer for resale in this state.

42290.5. To encourage waste diversion of polyethylene from
California landfills as well as to encourage California's
postconsumer market development, it is the intent of the Legislature
that any certification of postconsumer materials used for compliance
with this chapter not be the same materials that are certified or
used for compliance with any other state requirement or with any
federal requirement that requires the use or reporting of
postconsumer materials for plastic products.

42291. (a) Until January 1, 1998, every manufacturer that
manufactures plastic trash bags of 0.75 mil or greater thickness for
sale in this state shall ensure that at least 30 percent of the
material used in those plastic trash bags is recycled plastic
postconsumer material.
(b) (1) On and after January 1, 1998, the manufacturer's required
use of recycled plastic postconsumer material shall be determined
pursuant to paragraph (2). Compliance by a manufacturer with either
alternative shall be deemed to be compliance with this subdivision.
(2) Every manufacturer of regulated bags shall do one of the
following:
(A) Ensure that its plastic trash bags intended for sale in this
state contain a quantity of recycled plastic postconsumer material
equal to at least 10 percent of the weight of the regulated bags.
(B) Ensure that at least 30 percent of the weight of the material
used in all of its plastic products intended for sale in this state
is recycled plastic postconsumer material.
(3) Beginning March 1, 1999, and annually thereafter, every
manufacturer subject to this subdivision shall certify to the board
that it has used the required amount of recycled plastic postconsumer
material annually in compliance with paragraph (2).
(c) Any certification of postconsumer materials used for
compliance with this chapter shall not include any materials that are
certified or used for compliance with any other state or federal
requirement that requires the use or reporting of postconsumer
materials for any plastic products.
(d) If any manufacturer subject to this section is unable to
obtain sufficient amounts of recycled plastic postconsumer material
to comply with this section within a reporting period because of
unavailability or because the available material did not meet
recycled plastic postconsumer material quality standards adopted by
the board, the manufacturer shall certify that fact to the board.
Each manufacturer making that certification shall make a reasonable
effort to identify available supplies of material before submitting
certification to the board.
(e) The Legislature hereby finds and declares that although the
changes made to this section by the act amending this section during
the 1998 portion of the 1997-98 Regular Session become effective
after January 1, 1998, it is the intent of the Legislature that the
new requirements specified in subdivision (b) be effective as of
January 1, 1998. The Legislature further finds that this change is
requested by the manufacturers subject to this section and that the
retroactive effect of these changes will not cause any hardship on
any manufacturer subject to this section, or cause any manufacturer
to be subject to regulatory action as a result of these changes, but
rather, would instead have the effect of preventing hardship to the
manufacturers regulated by this section.

42291.5. For each pound of recycled plastic postconsumer material
purchased from a source of recycled plastic postconsumer material in
this state for use in the manufacture of plastic trash bags, or other
products manufactured with recycled plastic postconsumer material in
compliance with this chapter, the board shall credit the
manufacturer certifying pursuant to Section 42293 with having used
1.2 pounds of recycled plastic postconsumer material toward
compliance with the requirements of Section 42291.

42292. Each manufacturer shall obtain from its suppliers of
recycled plastic postconsumer material for use in the manufacture of
plastic trash bags, or other products manufactured with recycled
plastic postconsumer material in compliance with this chapter, a
statement identifying the quantity, source location, and proximate
prior usage of, and the actual postconsumer material content of, each
shipment of recycled plastic postconsumer material purchased by the
manufacturer, and any other information that the board, may, by
regulation, require the manufacturer to obtain from its suppliers,
for purposes of inclusion in the annual report required by Section
42293.

42293. (a) On or before March 1, 1999, and annually thereafter,
each manufacturer subject to this chapter shall submit a report to
the board certifying that it has complied with Section 42291 during
the preceding calendar year, certifying the name and physical
location of each of its suppliers of recycled plastic postconsumer
material for use in the manufacture of plastic trash bags, or other
products manufactured with recycled plastic postconsumer material in
compliance with this chapter, and containing the information obtained
pursuant to Section 42292 and any other information that the board
may require by regulation. Any manufacturer that processes its own
recycled plastic postconsumer material shall certify to the board
that it is the supplier of the material.
(b) On or before October 1, 2001, the board shall survey
manufacturers subject to this section and, notwithstanding Section
7550.5 of the Government Code, report back to the Legislature. The
survey shall do all of the following:
(1) Identify the name and physical location of suppliers certified
by manufacturers pursuant to subdivision (a).
(2) Identify the quantity of recycled plastic postconsumer
material provided by suppliers within the state and the quantity of
the material provided by suppliers outside the state.
(3) Provide recommendations regarding recycled plastic
postconsumer material content requirements based on the availability
of that material.
(4) Identify gauge thickness of all regulated bags.
(5) Determine national production versus production of a separate
line for California.

42294. (a) Every wholesaler of plastic trash bags of 1.0 mil or
greater thickness sold in this state shall certify to the board the
name and physical location of each manufacturer from whom it
purchased plastic trash bags for purposes of inclusion in the annual
report required by subdivision (c).
(b) On and after January 1, 1995, every wholesaler of trash bags
of 0.75 mil or greater thickness sold in this state shall certify to
the board the name and physical location of each manufacturer from
whom it purchased plastic trash bags for purposes of inclusion in the
annual report required by subdivision (c).
(c) On or before March 1, 1994, and annually thereafter, each
wholesaler shall submit a report to the board containing the
certification required by this section for the preceding calendar
year, together with any other information that the board may require
by regulation.

42295. Each supplier, manufacturer, and wholesaler required to
provide a certification or any information pursuant to this chapter
shall be subject to audit by the board.

42296. (a) If any supplier provides a manufacturer with false or
misleading information, the board, within 30 days of determining that
fact, shall refer the false or misleading information to the
Attorney General for prosecution for fraud.
(b) If any manufacturer or wholesaler provides the board with a
false or misleading certification or other information, the board,
within 30 days of determining that fact, shall refer the false or
misleading certification or information to the Attorney General for
prosecution for fraud.

42297. (a) The board may adopt such regulations as it determines
are necessary to more specifically define terms for purposes of the
chapter and to otherwise implement this chapter.
(b) Annually on or before July 1, the board shall publish a list
of any suppliers, manufacturers, or wholesalers who have failed to
comply with this chapter.
(c) (1) Any supplier, manufacturer, or wholesaler, and any of its
divisions, subsidiaries, or successors, who fails to comply with this
chapter, shall be ineligible for the award of any state contract or
subcontract, or for the renewal, extension, or modification of an
existing contract or subcontract, until the board determines that it
is in compliance with this chapter.
(2) No state agency shall solicit offers from, award contracts to,
or renew, extend, or modify a current contract or subcontract with,
any supplier, manufacturer, or wholesaler, or any of its divisions,
subsidiaries, or successors, who fails to comply with this chapter
until the board determines that it is in compliance with this
chapter.

42298. A plastic bag that is labeled with a term specified in
subdivision (a) of Section 42357 and that meets the current ASTM
standard specified for that term, as defined in Section 42356, is
exempt from the requirements of this chapter.