Bill Text: CA SB803 | 2009-2010 | Regular Session | Amended


Bill Title: Solid waste: plastic waste: polyvinyl chloride clamshell

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB803 Detail]

Download: California-2009-SB803-Amended.html
BILL NUMBER: SB 803	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 2, 2009

INTRODUCED BY   Senator DeSaulnier

                        FEBRUARY 27, 2009

   An act  to add Chapter 5.9 (commencing with Section 42370) to
Part 3 of Division 30 of the Public Resources Code,   relating
to solid waste.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 803, as amended, DeSaulnier. Solid waste: plastic waste:
 management.   polyvinyl chloride clamshell
packaging. 
   The California Integrated Waste Management Act of 1989,
administered by the California Integrated Waste Management Board, is
required to reduce, recycle, and reuse solid waste generated in the
state to the maximum extent feasible in an efficient cost-effective
manner to conserve water, energy, and other natural resources.

   This bill would declare the intent of the Legislature to enact
legislation that would mitigate the environmental impact of plastic
packaging materials and reduce the overall amount of plastic waste
disposed of in California landfills.  
   This bill would require the board, by January 1, 2011, to develop
regulations, after consultation with polyvinyl chloride (PVC)
clamshell packaging manufacturers, product manufacturers, retailers,
and the environmental community, that would reduce the volume of
hard-to-recycle PVC clamshell packaging, as defined, by 50%. 
   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.    (a) The Legislature finds and declares
all of the following:  
   (1) Plastic is a significant portion of the waste stream and one
of the fastest growing segments of the waste stream. The United
States Environmental Protection Agency reports that the amount of
plastics in municipal solid waste increased from less than 1 percent
in 1960 to 12.1 percent in 2007. The largest category of plastics is
comprised of containers and packaging.  
   (2) Polyvinyl chloride (PVC) clamshell packaging is difficult to
open safely. It is not widely recycled, and can contaminate more
easily recycled soda bottle plastic or polyethylene terephthalate
(PET). It can contain lead and cadmium, which are known to cause
health problems.  
   (3) The technology currently exists to replace the hard to open
PVC packaging with less plastic packaging that is easily recycled or
may contain recycled content. Several large retailers have chosen to
begin making merchandise available to their customers in this new
form of packaging, which does not rely on environmentally harmful
materials.  
   (4) It is the intent of the Legislature to do the following: 

   (1) Mitigate the health, safety, and environmental impacts of PVC
plastic packaging materials and reduce the overall amount of plastic
packaging waste being disposed of in California landfills.  

   (2) Ensure security and durability in packaging for retailers,
give consumers a clear view of products, make opening clamshell
packaging safe and easy, and allow consumers to recycle the
packaging, rather than dispose of it. 
   SEC. 2.    Chapter 5.9 (commencing with Section
42370) is added to Part 3 of Division 30 of the   Public
Resources Code   , to read:  
      CHAPTER 5.9.  PVC CLAMSHELL PACKAGING


   42370.  For the purposes of this chapter, "PVC clamshell packaging"
means packaging made predominantly of polyvinyl chloride plastic
resin, which has a relatively inflexible finite shape or form that is
capable of maintaining its shape while holding products for sale or
distribution, and which is capable of at least one closure,
including, but not limited to, closure during the production or
manufacturing process.
   42371.  By January 1, 2011, the California Integrated Waste
Management Board shall develop regulations, after consultation with
PVC clamshell packaging manufacturers, product manufacturers,
retailers, and the environmental community that would reduce the
volume of hard-to-recycle PVC clamshell packaging by 50 percent.
 
  SECTION 1.    It is the intent of the Legislature
to enact legislation that would mitigate the environmental impact of
plastic packaging materials and reduce the overall amount of plastic
waste disposed of in California landfills. 
               
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