BILL NUMBER: SB 1344	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Chesbro

                        FEBRUARY 17, 2006

   An act to amend Section 42310.3 of the Public Resources Code,
relating to recycling.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1344, as introduced, Chesbro  Recycling: plastic packaging
containers.
   Existing law, the California Integrated Waste Management Act of
1989, administered by the California Integrated Waste Management
Board, requires every rigid plastic packaging container, as defined,
sold or offered for sale in this state, to generally meet one of
specified criteria, including being made of 25% postconsumer
material. Existing law provides that a manufacturer is in compliance
with that 25% requirement criteria if the manufacturer makes a
demonstration with regard to the consumption of postconsumer material
in the manufacture of a rigid plastic packaging container, whether
or not that container is subject to those criteria, or a
demonstration regarding the exportation of that material to another
state or country.
   The bill would revise the conditions by which a manufacture may
demonstrate compliance with that 25% requirement, to include the
consumption or export of postconsumer materials used for the
manufacture of other plastic products and plastic packaging and would
delete the inclusion of postconsumer material that is exported to
another country.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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


  SECTION 1.  Section 42310.3 of the Public Resources Code is amended
to read:
   42310.3.  (a) Notwithstanding Section 42310, a manufacturer is in
compliance with the requirements of this chapter if the manufacturer
demonstrates through its own actions, or the actions of another
company under the same corporate ownership, that one of the following
actions were taken during the same period for which the manufacturer
is subject to this chapter, with regard to a rigid plastic packaging
container that stores the manufacturer's product that is sold or
intended for sale in this state:
   (1) The manufacturer, or another company under the same corporate
ownership, consumed a volume of postconsumer material generated in
the state in the manufacture of a rigid plastic packaging container
subject to Section 42310, or a rigid plastic packaging container 
or other plastic products or plastic packaging  that is not
subject to that section, that resulted in the consumption of an
equivalent amount of postconsumer material that the rigid plastic
packaging container is otherwise required to contain, as specified in
subdivision (a) of Section 42310.
   (2) The manufacturer, or any company under the same corporate
ownership, arranged by contractual agreement for the purchase and
consumption of postconsumer material generated in the state and
exported to another state  or country  for the
manufacture of rigid plastic packaging containers  or other
plastic products or plastic packaging  that is equivalent to, or
exceeds the volume of, the postconsumer material that the rigid
plastic packaging container is otherwise required to contain, as
specified in subdivision (a) of Section 42310.
   (b) The board shall determine the manner of demonstrating
compliance with the requirements of this section.