SECTIONS 42770-42775 - California Statutes

PUBLIC RESOURCES CODE

SECTION 42770-42775

42770. Each consumer of newsprint within the State of California
shall, on or before March 1 of each year, certify to the board the
number of tons of newsprint used during the preceding calendar year
and the number of tons of recycled-content newsprint used during the
preceding calendar year.

42771. Every consumer of newsprint who submits recycled-content
newsprint usage certification pursuant to Section 42770 may be
subject to an audit to ensure that the recycled-content newsprint was
used.

42772. Each person who supplies a consumer of newsprint with
newsprint shall certify the amounts of recycled-content newsprint
contained in each shipment to each consumer of newsprint. If a
shipment contains no recycled-content newsprint, the supplier shall
so certify.

42773. If a consumer of newsprint is unable to obtain sufficient
amounts of recycled-content newsprint within any reporting period
because recycled-content newsprint was not available at a comparable
price to that for virgin material, failed to meet the quality
standards established pursuant to Section 42775, or was not available
within a reasonable period of time, the consumer of newsprint shall
so certify to the board and shall provide the board with the specific
reason for failing to use recycled-content newsprint. In order to
make that certification in good faith, the newsprint consumer shall
have contacted, for the purpose of obtaining recycled-content
newsprint, every producer of recycled-content newsprint that offered
to sell recycled-content newsprint to the consumer of newsprint
within the last 12 months. The name of each person contacted, the
corporate name, if any, and address and telephone number shall
accompany each filing with the board.

42774. For the purposes of implementing and enforcing this chapter,
the board shall develop and maintain a list which identifies every
consumer of newsprint, as defined in Section 42750, and every person
who supplies a consumer of newsprint with newsprint, in the state.
The board may use information from local business permits, trade
publications, or any other relevant information to develop the list.

42775. (a) For the purposes of implementing and enforcing this
chapter, the board shall set newsprint comparable quality standards
for each of the grades of newsprint specified in Section 42753 to
determine the comparable quality of recycled-content newsprint to
virgin material. These standards shall be based on the average
numerical standards of printing opacity, brightness level, and cross
machine tear strength available from all producers selling
recycled-content newsprint in the state in quantities of at least
5,000 metric tons per year. The board shall set standards which
deviate from this average by not more than 5 percent.
(b) The board shall review its standards at least once every two
years and determine whether they should be adjusted to reflect
changes in industry standards and practices, and, if so, the board
shall set new standards according to the criteria in subdivision (a).