BILL NUMBER: SB 1344	CHAPTERED
	BILL TEXT

	CHAPTER  144
	FILED WITH SECRETARY OF STATE  AUGUST 22, 2006
	APPROVED BY GOVERNOR  AUGUST 22, 2006
	PASSED THE ASSEMBLY  AUGUST 10, 2006
	PASSED THE SENATE  MAY 11, 2006
	AMENDED IN SENATE  APRIL 24, 2006

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, 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 a volume of
postconsumer material in the manufacture of a rigid plastic packaging
container, whether or not that container is subject to those
criteria, that results in the consumption of an equivalent volume of
post consumer material or a demonstration regarding the exportation
of an equivalent volume 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 delete the
requirement that the volume of the post consumer material be used in
determining eligibility for that alternative requirement. The bill
would 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.


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 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 not subject to that section,
and that is equivalent to, or exceeds the 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 for the manufacture of rigid plastic
packaging container subject to Section 42310, or a rigid plastic
packaging container or other plastic products or plastic packaging
not subject to that section that is equivalent to, or exceeds 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.