Bill Text: CA AB1329 | 2009-2010 | Regular Session | Amended

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Bill Title: Waste management.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Engrossed - Dead) 2009-10-28 - Read second time. To third reading. [AB1329 Detail]

Download: California-2009-AB1329-Amended.html

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BILL NUMBER: AB 1329	AMENDED
	BILL TEXT

	AMENDED IN SENATE  SEPTEMBER 4, 2009
	AMENDED IN SENATE  JULY 1, 2009
	AMENDED IN ASSEMBLY  JUNE 1, 2009
	AMENDED IN ASSEMBLY  APRIL 20, 2009

INTRODUCED BY   Assembly  Member   Brownley
  Members   Brownley   and Chesbro

    (   Principal coauthor:   Senator 
 Simitian   ) 
    (   Coauthor:   Senator   Hancock
  ) 

                        FEBRUARY 27, 2009

    An act to add Part 9 (commencing with Section 49750) to
Division 30 of the Public Resources Code, relating to product
management.   An act to add Section 25 to Chapter 21 of
the Statutes of 2009, relating to waste management. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1329, as amended, Brownley.  Product management:
single-use recyclable packaging containers.   Waste
management.  
   Existing law creates the California Integrated Waste Management
Board with specified powers and duties.  
   Chapter 21 of the Statutes of 2009, which will go into effect on
January 1, 2010, will abolish the California Integrated Waste
Management Board and transfer its duties and responsibilities to the
Department of Resources Recycling and Recovery, which Chapter 21 of
the Statutes of 2009 will create in the Natural Resources Agency,
under the direction of an executive officer known as the Director of
Resources Recycling and Recovery. Chapter 21 of the Statutes of 2009
will authorize the director to accept on behalf of the department
federal grants, and will require the grants to be deposited in the
Special Deposit Fund, which is continuously appropriated.  
   Under existing law, the Department of Conservation administers the
California Beverage Container Recycling and Litter Reduction Act.
 
   Chapter 21 of the Statutes of 2009 will transfer those duties to
the Division of Recycling that Chapter 21 of the Statutes of 2009
will establish within the newly created Department of Resources
Recycling and Recovery.  
   Existing law establishes the Office of Education and the
Environment in the California Integrated Waste Management Board.
 
   Chapter 21 of the Statutes of 2009 will transfer the Office of
Education and the Environment to the California Environmental
Protection Agency.  
   This bill would delay the operative date of the changes made by
Chapter 21 of the Statutes of 2009 to January 1, 2011.  

   The California Integrated Waste Management Act of 1989,
administered by the California Integrated Waste Management Board,
prohibits a person from selling a food or beverage container in this
state that is labeled with the term "compostable" or "marine
degradable," unless the food or beverage container meets certain
requirements.  
   This bill, on and after July 1, 2014, would prohibit a retail
establishment or retailer, as defined, from selling, distributing, or
importing in commerce a single-use recyclable packaging container,
as defined, that is comprised predominantly of polyvinyl chloride
plastic resin. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION. 1.    Section 25 is added to Chapter 21 of
the Statutes of 2009, to read:  
  SEC. 25.    This act shall become operative on January 1,
2011.  
  SECTION 1.    Part 9 (commencing with Section
49750) is added to Division 30 of the Public Resources Code, to read:


      PART 9.  Product Management


      CHAPTER 1.  DEFINITIONS


      CHAPTER 2.  POWERS AND DUTIES


      CHAPTER 3.  ENFORCEMENT AND PENALTIES


      CHAPTER 4.  PLASTIC RECYCLING CONTAMINATING CONTAINERS


   49750.  The Legislature finds and declares all of the following:
   (a) It is the intent of the Legislature to increase plastic
recycling in California.
   (b) Polyvinyl chloride plastic resin is a potent contaminant in
recycling of commonly recycled plastics.
   (c) Containers made from polyvinyl chloride plastic resin look
identical to containers made from commonly recycled plastic resins
and cannot be efficiently sorted out from the recycling stream.
   (d) Removing polyvinyl chloride plastic resin from container types
that are present in plastic recycling will increase plastic
recycling, strengthen California's recycling infrastructure, and
increase material diversion from landfills.
   49751.  For the purposes of this chapter, the following terms have
the following meanings:
   (a) "Retail establishment" or "retailer" means an individual,
partnership, corporation, association, or other legal relationship
that engages in the business of selling goods to retail buyers.
   (b) (1) "Single-use recyclable packaging container" means a
container that meets all of the following conditions:
   (A) A container used to contain, protect, or hold a consumer good,
food, or beverage until that item is opened or consumed, after which
point the container serves no other function and is intended to be
discarded.
   (B) The container has the shape of a bottle, clamshell, sack, cup,
bowl, shrink or stretch wrap, or other packaging shape.
   (2) "Single-use recyclable packaging container" does not include
any of the following:
   (A) A container used solely in transportation and not made
available to consumers.
   (B) A container that is used solely for the transportation and
protection of a building material, including, but not limited to,
windows and related products used in residential construction.
   (C) A container that encloses a dangerous drug, as defined in
Section 4022 of the Business and Professions Code, or a container
that encloses an over-the-counter human or veterinary drug,
including, but not limited to, a drug as defined in Section 109925 of
the Health and Safety Code or as defined in Section 321 of Title 21
of the federal Food, Drug, and Cosmetic Act.
   (D) A container in which a medical device, as defined in Section
109920 of the Health and Safety Code, is enclosed.
   (E) A container that is used to contain a petroleum-based product,
including a fuel, lubricant, fuel additive, or other petroleum-based
products used on or in motor vehicles.
   49752.  On and after July 1, 2014, a retail establishment or
retailer shall not sell, distribute, or import in commerce a
single-use recyclable packaging container that is comprised
predominantly of polyvinyl chloride plastic resin.