BILL NUMBER: AB 455	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 10, 2003
	AMENDED IN ASSEMBLY  MAY 6, 2003
	AMENDED IN ASSEMBLY  APRIL 22, 2003

INTRODUCED BY   Assembly Member Chu
    (Coauthor:  Assembly Member Levine) 
    (Coauthors:  Assembly Members Koretz, Levine, Lieber, and
Longville) 

                        FEBRUARY 14, 2003

   An act to add Article 10.3 (commencing with Section 25214.11) to
Chapter 6.5 of Division 20 of the Health and Safety Code, relating to
hazardous waste.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 455, as amended, Chu.  Packaging materials:  regulated metals.
   (1) Existing hazardous waste control laws regulate the disposal of
discarded appliances, lead acid batteries, small household
batteries, recyclable latex paint, and household hazardous waste.
Existing law prohibits any person from managing any hazardous waste,
except as provided in the hazardous waste control laws and
regulations.  A violation of the hazardous waste control laws is a
crime.
   This bill would enact the "Toxics in Packaging Prevention Act,"
and would define terms.  The act would prohibit, on and after January
1, 2006, a manufacturer,  supplier, or 
distributor,  importer, agent, or supplier,  as defined,
from offering for sale or for promotional purposes in this state any
package or packaging component that includes any regulated metal,
defined as lead, cadmium, mercury, or hexavalent chromium, if that
regulated metal has been intentionally introduced as an element
during manufacturing or distribution, as defined.  The act would also
prohibit, on and after January 1, 2006, a manufacturer, 
supplier, or  distributor  , importer, agent, or
supplier  from offering for sale or for promotional purposes in
this state any product in a package that includes those intentionally
introduced regulated metals.  The bill would specify a schedule for
the summed incidental concentration level of regulated metal that may
be present in a single component package or individual packaging
component, which would be set at 600 parts per million by weight
between January 1, 2006, and January 1, 2007, 250 parts per million
by weight on and after January 1, 2007, and until January 1, 2008,
and 100 parts per million by weight thereafter.
   The bill would provide an exemption process  , 
from those requirements  ,  for a package or a
packaging component that meets specified conditions, including, among
other things, if the regulated metal is added to comply with
specified health or safety requirements of a state or federal law, or
if there is no feasible alternative for adding regulated metal.  The
bill would also provide an exemption process  , 
from those requirements  ,  for a package or
packaging component that has a controlled distribution and reuse, if
the manufacturer or distributor submits information to the department
that complies with specified requirements, including demonstrating
that there is an environmental benefit of the controlled distribution
and reuse.  The bill would provide that some exemptions expire on
January 1, 2010.  The bill would require a manufacturer or
distributor that requests specified exemptions to enter into a
written agreement with the department, pursuant to which the
manufacturer or distributor would reimburse the department for costs
incurred by the department in processing or responding to the
request.  The bill would require all reimbursement received by the
department to be deposited in the Hazardous Waste Control Account
 ,  .
   The bill would require, on and after January 1, 2006, each
manufacturer, distributor,  importer, agent,  or supplier to
furnish a certificate of compliance to the purchaser of a package or
packaging component stating that the package or packaging component
is in compliance with the act.  The bill would require a purchaser to
retain the certificate of compliance for as long as the package or
packaging component is in use by the purchaser.  The bill would
require the department to provide the public with access to the
information submitted by a manufacturer,  distributors
  distributor, importer, agent  , or supplier.
   The department would be required, by January 1, 2009, and at least
once every 5 years thereafter, in consultation with the Toxics in
Packaging Clearinghouse, to review the implementation of the act and
to submit a report, based upon that review, to the Governor and the
Legislature.  The department would also be required to review the
expiration date of an exemption condition, pursuant to a specified
procedure.
   Because a violation of the bill's requirements would be a crime,
the bill would impose a state-mandated local program.
  (2) 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.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:  yes.


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


  SECTION 1.  Article 10.3 (commencing with Section 25214.11) is
added to Chapter 6.5 of Division 20 of the Health and Safety Code, to
read:

      Article 10.3.  Toxics in Packaging Prevention Act

   25214.11.  (a) The Legislature finds and declares all of the
following:
   (1) The management of solid waste can pose a wide range of hazards
to public health and safety and to the environment.
   (2) Packaging comprises a significant percentage of the overall
solid waste stream.
   (3) The presence of heavy metals in packaging is a part of the
total concern regarding the disposal of hazardous waste in the solid
waste stream, in light of the presence of heavy metals in emissions
or ash when packaging is incinerated, or in leachate when packaging
is disposed of in a solid waste landfill.
   (4) Lead, mercury, cadmium, and hexavalent chromium, on the basis
of available scientific and medical evidence, are of particular
concern.
   (5) It is desirable, as a first step in reducing the toxicity of
packaging waste, and reducing the hazardous materials that may be
disposed of in solid waste landfills, to eliminate the addition of
these heavy metals to packaging.
   (6) The intent of this article is to achieve this reduction in
toxicity without impeding or discouraging the expanded use of
recycled materials in the production of packaging and its components.

   (b) This article shall be known, and may be cited  as,
  , as  the "Toxics in Packaging Prevention Act."
   25214.12.  For purposes of this article, the following terms have
the following meanings:
   (a) "Consumer" means a person who purchases, and takes title to, a
package, or a product in a package, for purposes of that consumer's
own use or consumption.
   (b) "Distribution" means the practice of taking title to a package
or a packaging component for promotional purposes or resale.  A
person involved solely in delivering a package or a packaging
component on behalf of a third party is not engaging in distribution.

   (c) "Distributor" means any person, firm, or corporation who takes
title to a good, produced either domestically or in a foreign
country, that is purchased for resale or promotional purposes.
"Distributor" does not include a person involved solely in delivering
a package or a packaging component on behalf of a third party.
   (d)  (1) "Importer or agent" means a person who does either of
the following:
   (A) Acts as an intermediary for the purchase of a package or
packaging component for resale from a manufacturer in another country
to a purchaser in this state, and who may receive a commission or
fee based on that sale.
   (B) Is the importer of record listed on the United States Customs
Service forms for imported packaging or packaging components.
   (2) An importer or agent does not include a person who takes title
to a package or packaging component.
   (e)  (1) "Intentional introduction" means the act of
deliberately utilizing a regulated metal in the formation of a
package or packaging component where its continued presence is
desired in the final package or packaging component to provide a
specific characteristic, appearance, or quality.
   (2) "Intentional introduction" does not include either of the
following:
   (A) The use of a regulated metal as a processing agent or
intermediate to impart certain chemical or physical changes during
manufacturing, where the incidental retention of a residue of that
metal in the final package or packaging component is not desired or
deliberate, if the final package or packaging component is in
compliance with subdivision (c) of Section 25214.13.
   (B) The use of recycled materials as feedstock for the manufacture
of new packaging materials, where some portion of the recycled
materials may contain amounts of a regulated metal, if the new
package or packaging component is in compliance with subdivision (c)
of Section 25214.13.  
   (e)  
   (f)  "Incidental presence" means the presence of a regulated
metal as an unintended or undesired ingredient of a package or
packaging component.  
   (f)  
   (g)  "Manufacturer" means any person, firm, association,
partnership, or corporation producing a package or packaging
component.  
   (g)  
   (h)  "Manufacturing" means the physical or chemical
modification of a material to produce packaging or a packaging
component.  
   (h)  
   (i)  "Package" means any container, produced either
domestically or in a foreign country, providing a means of marketing,
protecting, or handling a product, including a unity package, an
intermediate package or a shipping container, as defined in the
American Society of Testing and Materials (ASTM) specification D 996.
  "Package" also includes unsealed receptacles, such as carrying
cases, crates, cups, pails, rigid foil and other trays, wrappers and
wrapping films, bags, and tubs.  
   (i)  
   (j)  "Packaging component" means any individual assembled
part of a package that is produced either domestically or in a
foreign country, including, but not necessarily limited to, any
interior or exterior blocking, bracing, cushioning, weatherproofing,
exterior strapping, coatings, closures,  inks, labels  ,
dyes, pigments, adhesives, stabilizers, or any other additives.
Tin-plated steel that meets the American Society for Testing and
Materials (ASTM) specification A 623 shall be considered as a single
package component. Electrogalvanized coated steel and hot dipped
coated galvanized steel that meet the American Society for Testing
and Materials (ASTM) qualifications  A 525 and A 879
  A591, A653, A879, and A924  shall be treated in
the same manner as tin-plated steel.  
   (j)  
   (k)  "Purchaser" means a person who purchases and takes title
to a package or a packaging component, from a manufacturer or
supplier, for the purpose of packaging a product manufactured,
distributed, or sold by the purchaser.  
   (k)  
   (l)  "Recycled material" means a material  generated by a
business or a consumer that has been separated from solid waste for
the purpose of recycling the material as a secondary material
feedstock.  Recycled materials include paper, plastic, wood, glass,
ceramics, metals, and other materials, except that recycled material
does not include a regulated metal that has been separated from other
materials into its elemental or other chemical state for recycling
as a secondary material feedstock.  
   (l)  
   (m)  "Regulated metal" means  lead, mercury, cadmium, or
hexavalent chromium.  
   (m)  
   (n)  "Supplier" means any person, firm, association,
partnership, or corporation that sells, offers for sale, or offers
for promotional purposes, a package or packaging component that is
used by any other person, firm, association, partnership, or
corporation to package a product.  
   (n)  
   (o)  "Toxics in Packaging Clearinghouse" means the Toxics in
Packaging Clearinghouse (TPCH) of the Council of State Governments,
which was formed in 1992 to promote model toxics in packaging
legislation in an effort to reduce the amount of heavy metals in
packaging and packaging components that are sold or distributed
throughout the United States.
   25214.13.  (a) Except as provided in Section 25214.14, on and
after January 1, 2006, a manufacturer, distributor,  importer,
agent,  or supplier may not offer for sale or for promotional
purposes in this state a package or packaging component that includes
a regulated metal, in the package itself, or in a packaging
component, if the regulated metal has been intentionally introduced
as an element during manufacturing or distribution.
   (b) Except as provided in Section 25214.14, on and after January
1, 2006, a manufacturer, distributor,  importer, agent,  or
supplier may not offer for sale or for promotional purposes in this
state a product in a package that includes  a regulated metal, in the
package itself, or in a packaging component, if the regulated metal
has been intentionally introduced as an element during manufacturing
or distribution.
   (c) Except as provided in Section 25214.14, the summed incidental
concentration level of regulated metal present in  a 
single-component package or individual packaging component may not
exceed the following:
   (1) On and after January 1, 2006, until January 1, 2007, 600 parts
per million by weight.
   (2) On and after January 1, 2007, until January 1, 2008, 250 parts
per million by weight.
   (3) On and after January 1, 2008, 100 parts per million by weight.

   25214.14.  A package or a packaging component is exempt from the
requirements of Section 25214.13, and shall be deemed in compliance
with this article, if the package or packaging component meets any of
the following conditions:
   (a) The package or packaging component is marked with a code
indicating a date of manufacture prior to January 1, 2006.
   (b) (1) A manufacturer of a package or packaging component has
obtained an exemption, pursuant to the process described in paragraph
(2), for a regulated metal that has been added to the package or
packaging component in the manufacturing, forming, printing, or
distribution process to comply with the health or safety requirements
of a federal or state law.
   (2)  The department shall grant an exemption under paragraph (1)
from Section 25214.13 for two years only if both of the following
conditions are met:
   (A) The manufacturer of the package or packaging component submits
supporting information with the request for an initial and a renewed
exemption.
   (B) The supporting information demonstrates that the package or
packaging component is eligible for the exemption.
   (c) (1) The package or packaging component exceeds the maximum
concentration level set forth in subdivision (c) of Section 25214.13
only because of the addition of a recycled material.
   (2) This subdivision, and all exemptions provided pursuant to it,
expire on January 1, 2010.
   (d) (1) A manufacturer of a package or packaging component has
obtained an exemption, pursuant to the process described in paragraph
(2), for use of a regulated metal for which there is no feasible
alternative in the manufacturing, forming, printing, or distribution
process.
   (2) The department shall grant an exemption under paragraph (1)
from Section 25214.13 for two years only if both of the following
conditions are met:
   (A) The manufacturer of the package or packaging component submits
supporting information with the request for an initial and a renewed
exemption.
   (B) The supporting information demonstrates that the package or
packaging component is eligible for the exemption.
   (3) Notwithstanding paragraph (2), the department may not exempt
the use of a regulated metal pursuant to this subdivision for the
purposes of marketing.
   (4) For purposes of this subdivision, "no feasible alternative"
means the use of a regulated metal is essential to the protection,
safe handling, or function of the package's contents and technical
constraints preclude the substitution of other materials.
   (e) (1) A package or packaging component that is reused but
exceeds the summed incidental concentration level of regulated metal
set forth in subdivision (c) of Section 25214.13, if all of the
following apply:
   (A) The product being conveyed by the package  or the
package  or packaging component is otherwise regulated under
a federal or state health or safety requirement.
   (B) The transportation of the packaged product is regulated under
federal or state transportation requirements.
   (C) The disposal of the package is otherwise performed according
to the requirements of this chapter or Chapter 8 (commencing with
Section 114960) of Part 9 of Division 104.
   (2) This subdivision, and all exemptions provided pursuant to it,
expire on January 1, 2010.
   (f) (1) A manufacturer or distributor of a package or packaging
component has obtained an exemption, pursuant to the process
described in paragraph (2), for use of a regulated metal that exceeds
the summed incidental concentration level set forth in subdivision
(c) of Section 25214.13 in a package or packaging component that has
a controlled distribution and reuse.
   (2) The department shall grant an exemption under paragraph (1)
from Section 25214.13 for two years only if both of the following
conditions are met:
   (A) The manufacturer or distributor of the package or packaging
component submits supporting information that complies with the
requirements set forth in paragraph (3) with the request for an
initial and a renewed exemption.
   (B) The supporting information demonstrates that the package or
packaging component is eligible for the exemption.
   (3) The supporting information that a manufacturer or distributor
shall submit to the department, before the department may grant an
exemption pursuant to this subdivision  ,  shall include all
of the following:
   (A) Information that demonstrates that the environmental benefit
of the controlled distribution and reuse of the package or packaging
component is significantly greater, as compared to the same package
or packaging component manufactured in compliance with the maximum
summed incidental concentration level of regulated metal set forth in
subdivision (c) of Section 25214.13.
   (B) A means of identifying, in a permanent and visible manner, any
reusable package or packaging component, containing a regulated
metal for which the exemption is sought.
   (C) A method of regulatory and financial accountability, so that a
specified percentage of the reusable packages or packaging
components, manufactured and distributed to other persons are not
discarded by those persons after use, but are returned to the
manufacturer or designee.
   (D) A system of inventory and record maintenance to account for
reusable packages or packaging components, placed in, and removed
from, service.
   (E) A means of transforming returned packages or packaging
components, that are no longer reusable into recycled materials for
manufacturing, or a means of collecting and managing returned
packages or packaging components as a waste in accordance with
federal and state laws.
   (F) A system of annually reporting to the department any changes
to the system and changes in designees.
   (4) This subdivision, and all  exemption  
exemptions  provided pursuant to it, expire on January 1, 2010.

   (g) (1) A glass or ceramic package or packaging component that has
a vitrified label when tested in accordance with the Waste
Extraction Test, described in Appendix II of Chapter 11 (commencing
with Section 66261.1) of Division 4.5 of Title 22 of the California
Code of Regulations, and does not exceed 1.0 ppm for cadmium, 5.0 ppm
for hexavalent chromium, or 5.0 ppm for lead.  A glass or ceramic
package or packaging component containing mercury is not exempted
pursuant to this subdivision.
   (2) This subdivision, and all exemptions provided pursuant to it,
expire on January 1, 2010.
   25214.15.  (a) A manufacturer or distributor that requests an
exemption pursuant to subdivision (b), (d), or (f) of Section
25214.14 shall enter into a written agreement with the department
pursuant to which that manufacturer or distributor shall reimburse
the department, pursuant to Article 9.2 (commencing with Section
25206.1), for costs incurred by the department in processing or
responding to the request.
   (b) The department shall deposit all reimbursements received
pursuant to this section in the Hazardous Waste Control Account for
appropriation in accordance with Section 25174.
   25214.16.  (a) On and after January 1,  2006, each manufacturer,
distributor,  importer, agent,  or supplier shall furnish a
certificate of compliance to the purchaser of a package or packaging
component stating that the package or packaging component is in
compliance with the requirements of this article.  However, if,
pursuant to Section 25214.14, the package is exempt from the
requirements of Section 25214.13, the certificate of compliance shall
state the specific basis upon which the exemption is claimed. The
certificate of compliance shall be signed by an authorized official
of the manufacturer, distributor,  importer, agent,  or
supplier.  A copy of the certificate of compliance shall be kept on
file by the manufacturer, distributor,  importer, agent,  or
supplier of the package or packaging component.  A manufacturer,
distributor,  importer, agent,  or supplier shall furnish a
certificate of compliance, or a copy thereof, to the department, upon
its request.
   (b) A purchaser of a package or packaging component subject to
subdivision (a) shall retain the certificate of compliance for as
long as the package or packaging component is in use by the
purchaser.
   (c) If a manufacturer, distributor,  importer, agent,  or
supplier of a package or packaging component subject to subdivision
(a) reformulates or creates a new package or packaging component, the
manufacturer, distributor,  importer, agent,  or supplier
shall provide the purchaser with an amended or new certificate of
compliance for the reformulated or new package or packaging
component.
   (d) The department, pursuant to the California Public Records Act
(Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1
of the Government Code), shall provide the public with access to the
information relating to a package or packaging component submitted by
a manufacturer, distributor,  importer, agent,  or supplier
of a package or packaging component.
   25214.18.  (a) On or before January 1, 2009, and at least once
every five years thereafter, the department shall, in consultation
with the Toxics in Packaging Clearinghouse, review the implementation
of this article.  The department shall submit a report, based upon
that review, to the Governor and the Legislature.  The report may
contain recommendations to add other hazardous substances contained
in packaging to the list set forth in subdivision (l) of Section
25214.12 in order to further reduce the toxicity of packaging waste,
and a description of the nature of the substitutes used in lieu  of
regulated metal.
   (b) The department shall, in consultation with the Toxics in
Packaging Clearinghouse, review the expiration date of an exemption
condition granted pursuant to subdivision (c), (e), (f), or (g) of
Section 25214.14 and determine whether to extend that expiration
date. This review shall commence no later than the January 1 that is
two years prior to the expiration of the exemption condition.  A
report based upon that review shall be submitted to the Governor and
the Legislature by January 1 of the year prior to the expiration of
the exemption condition.
   25214.19.  This article does not affect any duty or other
requirement imposed under any other federal or state law.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.