AB 881: Recycling: plastic waste: export.

The California Integrated Waste Management Act of 1989, which is administered by the Department of Resources Recycling and Recovery, requires each city, county, and joint powers authority formed under the act, referred to as a regional agency, to develop a source reduction and recycling element of an integrated waste management plan. The act requires the source reduction and recycling element to divert from disposal 50% of all solid waste subject to the element through source reduction, recycling, and composting activities, with specified exceptions.

This bill would make the export out of the country of a mixture of plastic wastes disposal for purposes of the act, unless the mixture includes only certain plastics destined for separate recycling and satisfies other specified requirements, in which case that export would constitute diversion through recycling. Until January 1, 2024, or the expiration of a relevant trade agreement or arrangement with Canada or Mexico, whichever is later, these provisions would not apply to exports to Canada or Mexico. To the extent the bill would require local agencies to revise the source reduction and recycling elements of their integrated waste management plans, the bill would impose a state-mandated local program.

Existing law requires recycling and composting operations and facilities to submit periodic information to the department on the types and quantities of materials that are disposed of, sold, or transferred to other recycling or composting facilities, end users inside of the state or outside the state, or exporters, brokers, or transporters for sale inside of the state or outside of the state. Existing law authorizes the provision of information in the reports on an aggregate facilitywide basis and the exclusion of information related to the jurisdiction of the origin of the materials.

This bill would, except as provided, require the report to contain information on the jurisdiction or region of origin for materials that are a mixture of plastic wastes and are exported out of the country. The bill would require the department to make publicly available information on the jurisdiction or region of origin and tonnage for those exported materials.

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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.