California 2017-2018 Regular Session Status: Passed Senate

SB 168 — Recycling: beverage containers.

Last action — From Assembly without further action.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2017-2018 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law, the California Beverage Container Recycling and Litter Reduction Act, requires every beverage container sold or offered for sale in this state to have a minimum refund value. Under existing law, a beverage distributor is required to pay a redemption payment to the Department of Resources Recycling and Recovery for every beverage container sold or offered for sale in the state to a dealer, and the department is required to deposit those amounts in the continuously appropriated California Beverage Container Recycling Fund. Existing law requires each glass container manufacturer to use a minimum percentage of 35% of postfilled glass in the manufacturing of its glass food, drink, or beverage containers. Existing law provides that a violation of the act or a regulation adopted pursuant to the act is a crime. This bill would require, commencing January 1, 2020, a beverage container that is a PET plastic container to be constructed with a minimum of 20% postconsumer recycled plastic. The bill would require the department, on or before January 1, 2021, to establish minimum postconsumer recycled content standards for beverage containers that are constructed of plastic, material other than metal, glass, or plastic, or any combination of plastic and material other than metal, glass, or plastic. The bill would authorize the department to adjust the minimum content standards, as specified, but not more frequently than annually. The bill would require a beverage manufacturer to certify with the department, under penalty of perjury, that it is in compliance with the minimum content standards and would provide that failure of a beverage manufacturer to meet the minimum content standards constitutes a separate violation per day. The bill would require a beverage manufacturer to report to the department for each month the amount of beverage containers subject to the minimum content standards sold in California by the beverage manufacturer and the amount of postconsumer recycled content used in the manufacturing of those containers. By expanding the crime of perjury and creating new crimes relating to the regulation of beverage containers, the bill would impose a state-mandated local program. The bill would require the department, on or before January 1, 2020, to evaluate other beverage container redemption programs and to provide to the Legislature a report on aspects of those programs that may be incorporated into California's beverage container redemption program, as specified. 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.

Bill Text

Action History

  1. From Assembly without further action.

  2. Read third time. Refused passage.

  3. Read second time. Ordered to third reading.

  4. From committee: Do pass. (Ayes 7. Noes 2.) (August 28).

  5. From committee with author's amendments. Read second time and amended. Re-referred to Com. on NAT. RES.

  6. Re-referred to Com. on NAT. RES. pursuant to Assembly Rule 77.2.

  7. Ordered to third reading.

  8. Read third time and amended. (Ayes 43. Noes 22. Page 6545.)

  9. Read second time. Ordered to third reading.

  10. Read second time and amended. Ordered to second reading.

  11. From committee: Do pass as amended. (Ayes 12. Noes 0.) (August 16).

  12. Joint Rule 62(a) suspended.

  13. August 15 set for first hearing. Placed on APPR. suspense file.

  14. August 8 hearing postponed by committee.

  15. From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.

  16. From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.

  17. Read second time and amended. Re-referred to Com. on APPR.

  18. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 25).

  19. From committee with author's amendments. Read second time and amended. Re-referred to Com. on NAT. RES.

  20. From committee with author's amendments. Read second time and amended. Re-referred to Com. on NAT. RES.

  21. Referred to Com. on NAT. RES.

  22. In Assembly. Read first time. Held at Desk.

  23. Read third time. Passed. (Ayes 28. Noes 6. Page 4112.) Ordered to the Assembly.

  24. Read second time. Ordered to third reading.

  25. Read second time and amended. Ordered to second reading.

  26. Ordered to second reading.

  27. From inactive file.

  28. Ordered to inactive file on request of Senator Wieckowski.

  29. Reconsideration granted. (Ayes 38. Noes 0. Page 1394.)

  30. Motion to reconsider made by Senator Wieckowski.

  31. Read third time. Refused passage. (Ayes 14. Noes 17. Page 1394.)

  32. Read second time. Ordered to third reading.

  33. From committee: Do pass. (Ayes 5. Noes 2. Page 1178.) (May 25).

  34. Set for hearing May 25.

  35. May 15 hearing: Placed on APPR. suspense file.

  36. Set for hearing May 15.

  37. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0. Page 783.) (April 19). Re-referred to Com. on APPR.

  38. From committee with author's amendments. Read second time and amended. Re-referred to Com. on EQ.

  39. Set for hearing April 19.

  40. Re-referred to Com. on EQ.

  41. From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.

  42. Referred to Com. on RLS.

  43. From printer. May be acted upon on or after February 23.

  44. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 120 not signed on · 16 voted No

Sponsors (1)

  • Wieckowski

Co-sponsors (1)

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Failed 29 Yea · 30 Nay · 21 Other
Party YeaNayPresentNot Voting
Unaffiliated 2122015
Democratic 8404
Republican 0402
Total 2930021
% of votes cast 36%38%0%26%
How each member voted (80)
Member Party Vote
Acosta — Nay
Bloom — Yea
Brough — Nay
Holden — Yea
Mathis — Not Voting
Melendez — Not Voting
Rendon — Yea
Santiago — Not Voting
Ting — Yea
Wood — Not Voting
Burke — Not Voting
Eggman — Yea
Gonzalez Fletcher — Yea
Baker — Nay
Chau — Yea
Frazier — Nay
Friedman — Yea
Harper — Nay
Rubio — Not Voting
Rivas — Not Voting
Bigelow — Not Voting
O'Donnell — Not Voting
Waldron — Not Voting
Salas — Nay
Jones-Sawyer — Yea
Kamlager-Dove — Yea
Kiley — Nay
Gray — Nay
Levine — Yea
Low — Nay
Maienschein — Nay
Mayes — Nay
Chiu — Yea
Fong — Not Voting
Chu — Yea
Chávez — Nay
Cooley — Nay
Cooper — Nay
McCarty — Yea
Medina — Nay
Mullin — Yea
Nazarian — Yea
Obernolte — Nay
Quirk — Yea
Rodriguez — Not Voting
Steinorth — Nay
Thurmond — Yea
Voepel — Nay
Weber — Yea
Cunningham — Nay
Daly — Nay
Gloria — Not Voting
Cristina Garcia — Not Voting
Eduardo Garcia — Not Voting
Jim Patterson — Nay
Mark Stone — Yea
Travis Allen — Nay
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Not Voting
Arambula, Joaquin Democratic Nay
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Not Voting
Gabriel, Jesse Democratic Not Voting
Gipson, Mike A. Democratic Not Voting
Grayson, Timothy S. Democratic Nay
Irwin, Jacqui Democratic Nay
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Nay
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Nay
Choi, Steven S. Republican Not Voting
Dahle, Megan Republican Nay
Flora, Heath Republican Nay
Gallagher, James Republican Not Voting
Lackey, Tom Republican Nay

Official roll call →

Passed 43 Yea · 22 Nay · 15 Other
Party YeaNayPresentNot Voting
Unaffiliated 3117010
Democratic 12004
Republican 0501
Total 4322015
% of votes cast 54%28%0%19%
How each member voted (80)
Member Party Vote
Acosta — Nay
Baker — Nay
Bloom — Yea
Brough — Nay
Jones-Sawyer — Yea
Levine — Yea
Low — Yea
Mathis — Nay
Mullin — Yea
Obernolte — Nay
Rendon — Yea
Rodriguez — Not Voting
Thurmond — Yea
Weber — Yea
Gloria — Yea
Burke — Yea
Holden — Yea
Gonzalez Fletcher — Yea
Kamlager-Dove — Yea
Chau — Yea
Chu — Yea
Cooley — Yea
Medina — Yea
Nazarian — Yea
Quirk — Yea
Santiago — Yea
Ting — Yea
Wood — Yea
Rubio — Yea
Frazier — Not Voting
Fong — Nay
Friedman — Yea
Harper — Nay
Kiley — Nay
Salas — Not Voting
Rivas — Not Voting
Maienschein — Yea
Mayes — Nay
McCarty — Yea
Gray — Not Voting
Bigelow — Nay
Chiu — Not Voting
Chávez — Nay
Melendez — Nay
Cooper — Not Voting
O'Donnell — Yea
Steinorth — Not Voting
Voepel — Nay
Waldron — Nay
Eggman — Not Voting
Cunningham — Nay
Daly — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Mark Stone — Yea
Travis Allen — Nay
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Not Voting
Arambula, Joaquin Democratic Not Voting
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Not Voting
Cervantes, Sabrina Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Not Voting
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Not Voting
Choi, Steven S. Republican Nay
Dahle, Megan Republican Nay
Flora, Heath Republican Nay
Gallagher, James Republican Nay
Lackey, Tom Republican Nay

Official roll call →

Do pass as amended.

Passed 12 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 9004
Democratic 3000
Republican 0001
Total 12005
% of votes cast 71%0%0%29%
How each member voted (17)
Member Party Vote
Bigelow — Not Voting
Bloom — Yea
Brough — Not Voting
Obernolte — Not Voting
Eggman — Yea
Gonzalez Fletcher — Yea
Fong — Not Voting
Nazarian — Yea
Chau — Yea
Quirk — Yea
Friedman — Yea
Eduardo Garcia — Yea
Wendy Carrillo — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Gallagher, James Republican Not Voting

Official roll call →

Passed 7 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 4002
Democratic 3000
Republican 0001
Total 7003
% of votes cast 70%0%0%30%
How each member voted (10)
Member Party Vote
Acosta — Not Voting
Melendez — Not Voting
Eggman — Yea
Chau — Yea
McCarty — Yea
Mark Stone — Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Flora, Heath Republican Not Voting

Official roll call →

3rd Reading

Failed 14 Yea · 17 Nay · 9 Other
Party YeaNayPresentNot Voting
Unaffiliated 121508
Democratic 2201
Total 141709
% of votes cast 35%43%0%23%
How each member voted (40)
Member Party Vote
Anderson — Nay
Bradford — Not Voting
Hernandez — Yea
Hueso — Not Voting
Leyva — Yea
Monning — Yea
Skinner — Yea
Wieckowski — Yea
Galgiani — Not Voting
Glazer — Nay
Fuller — Nay
Mitchell — Yea
De León — Yea
Allen — Yea
Cannella — Nay
Portantino — Nay
Atkins — Not Voting
Hertzberg — Yea
Hill — Yea
Bates — Nay
Beall — Yea
Dodd — Nay
Lara — Not Voting
Mendoza — Not Voting
Moorlach — Not Voting
Morrell — Nay
Newman — Nay
Nielsen — Nay
Pan — Yea
Roth — Not Voting
Vidak — Nay
Wilk — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Nay
Nguyen, Stephanie Democratic Nay
Stern, Henry I. Democratic Not Voting
Wiener, Scott D. Democratic Yea

Official roll call →

Subjects

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Frequently asked questions

What does SB 168 do?
Existing law, the California Beverage Container Recycling and Litter Reduction Act, requires every beverage container sold or offered for sale in this state to have a minimum refund value. Under existing law, a beverage distributor is required to pay a redemption payment to the Department of Resources Recycling and Recovery for every beverage container sold or offered for sale in the state to a dealer, and the department is required to deposit those amounts in the continuously appropriated California Beverage Container Recycling Fund. Existing law requires each glass container manufacturer to use a minimum percentage of 35% of postfilled glass in the manufacturing of its glass food, drink, or beverage containers. Existing law provides that a violation of the act or a regulation adopted pursuant to the act is a crime. This bill would require, commencing January 1, 2020, a beverage container that is a PET plastic container to be constructed with a minimum of 20% postconsumer recycled plastic. The bill would require the department, on or before January 1, 2021, to establish minimum postconsumer recycled content standards for beverage containers that are constructed of plastic, material other than metal, glass, or plastic, or any combination of plastic and material other than metal, glass, or plastic. The bill would authorize the department to adjust the minimum content standards, as specified, but not more frequently than annually. The bill would require a beverage manufacturer to certify with the department, under penalty of perjury, that it is in compliance with the minimum content standards and would provide that failure of a beverage manufacturer to meet the minimum content standards constitutes a separate violation per day. The bill would require a beverage manufacturer to report to the department for each month the amount of beverage containers subject to the minimum content standards sold in California by the beverage manufacturer and the amount of postconsumer recycled content used in the manufacturing of those containers. By expanding the crime of perjury and creating new crimes relating to the regulation of beverage containers, the bill would impose a state-mandated local program. The bill would require the department, on or before January 1, 2020, to evaluate other beverage container redemption programs and to provide to the Legislature a report on aspects of those programs that may be incorporated into California's beverage container redemption program, as specified. 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.
Who sponsors SB 168?
SB 168 is sponsored by Wieckowski and Mark Stone.
What is the current status of SB 168?
This bill died with 2017-2018 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 168?
Track SB 168 free on One Click Politics — get push/email alerts when it moves.

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