BILL ANALYSIS
SB 1344
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Date of Hearing: June 19, 2006
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Loni Hancock, Chair
SB 1344 (Chesbro) - As Amended: April 24, 2006
SENATE VOTE : 34-0
SUBJECT : Plastic packaging.
SUMMARY : Expands options for meeting the State's recycling
content for rigid plastic packaging containers (RPPCs).
EXISTING LAW : Under the Plastic Packaging Containers Law of
1989 (Law): Requires every RPPC sold or offered for sale in the
state to, on average, meet certain criteria (including recycling
rates), with certain exceptions. An exception allows a
manufacturer to be in compliance with the Law if either of the
following apply:
1)The manufacturer consumed a volume of postconsumer material
generated in California in the manufacture of a RPPC subject
to the Law or a RPPC not subject to the Law that resulted in
the consumption of an equivalent amount of postconsumer
material that the RPPC is otherwise required to contain.
2) The manufacturer arranged by a contractual agreement for the
purchase and consumption of postconsumer material generated
in California and exported to another state for the
manufacturerer of RPPCs that is equivalent to, or exceeds the
volume of, postconsumer material that the RPPC is otherwise
required to contain.
THIS BILL revises the above two exceptions by also allowing the
postconsumer materials to be used in "other plastic products or
plastic packaging."
FISCAL EFFECT : According to the Senate Appropriations
Committee, in FY 2006-07, the bill has a cost of over $100,000.
These costs would be for developing and promulgating
regulations. In subsequent years, the bill will have costs for
minor, on-going enforcement.
COMMENTS :
SB 1344
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1) Background
Under existing law, RPPCs are entirely comprised of plastic,
except for lids, caps, or labels. They have capacity of at
least 8 fluid ounces but no more than 5 gallons and can
maintain their shape while holding a product. In addition,
they are capable of multiple reclosures and are sold with an
attached or unattached lid or cap.
In 1991, in an attempt to help increase markets for
post-consumer plastics, and help meet the State's solid waste
diversion goals, the State enacted the RPPC law. The law
requires a certain percentage of an RPPC to contain
recyclable materials or be recycled. Under existing law,
companies that produce RPPCs can essentially self-certify
that they are meeting the state statutes. However, if the
state recycling rates of RPPCs do not meet mandated levels,
the CIWMB can ask regulated companies to demonstrate
compliance.
Last year, SB 743 (Chesbro), Chapter 666, Statutes of 2005,
provided container manufacturers with an additional
compliance option under the RPPC requirements.
According to the sponsor, Illinois Tool Works, SB 1344 is a
successor to SB 743, and notes that legislation "was intended
to promote more use of recycled plastic that was collected in
California for recycling; but due to a technical drafting
error, an important incentive for increased recycling of
California plastics was not incorporated into the law
enacted. SB 1344 would correct this error by broadening the
incentives to recycle more California waste and compliance
options for divisions of companies like Illinois Tool Works."
The sponsor also notes that SB 1344 "would create new markets
for recycled plastic and create new businesses and jobs based
on the positive economic and environmental impacts of
recycling. The net effect would be increased demand for
recycled plastic."
REGISTERED SUPPORT / OPPOSITION :
Support
California Against Waste (source)
SB 1344
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Illinois Tool Works
Sierra Club
Opposition
None on file
Analysis Prepared by : Kyra Emanuels Ross / NAT. RES. / (916)
319-2092