BILL NUMBER: AB 3025	CHAPTERED
	BILL TEXT

	CHAPTER  471
	FILED WITH SECRETARY OF STATE  SEPTEMBER 27, 2008
	APPROVED BY GOVERNOR  SEPTEMBER 27, 2008
	PASSED THE SENATE  AUGUST 22, 2008
	PASSED THE ASSEMBLY  AUGUST 29, 2008
	AMENDED IN SENATE  AUGUST 18, 2008
	AMENDED IN SENATE  JULY 1, 2008
	AMENDED IN ASSEMBLY  MAY 22, 2008
	AMENDED IN ASSEMBLY  MAY 6, 2008
	AMENDED IN ASSEMBLY  APRIL 22, 2008

INTRODUCED BY   Assembly Member Lieber

                        FEBRUARY 22, 2008

   An act to add Chapter 6.5 (commencing with Section 42390) to Part
3 of Division 30 of the Public Resources Code, relating to solid
waste.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 3025, Lieber. Solid waste: polystyrene loosefill packaging.
   (1) Existing law prohibits the sale of plastic bags labeled with
the term "compostable," "biodegradable," "degradable," or any form of
those terms unless the bags meet specified standards.
   This bill would prohibit on and after January 1, 2012, a
wholesaler or manufacturer, as defined, from selling or offering for
sale, expanded polystyrene loosefill packaging in this state, unless
it is comprised of a specified amount of recycled material, as
defined, as provided in a schedule that would increase that
percentage until January 1, 2017, when the amount would be required
to be 100% recycled material.
   A violation of this act would be an infraction punishable by a
fine not exceeding $1,000.
   Because this bill would create a new 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.


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

  SECTION 1.  Chapter 6.5 (commencing with Section 42390) is added to
Part 3 of Division 30 of the Public Resources Code, to read:
      CHAPTER 6.5.  EXPANDED POLYSTYRENE LOOSEFILL PACKAGING


   42390.  (a) For purposes of this chapter, the following
definitions shall apply:
   (1) "Manufacturer" means a person who manufactures expanded
polystyrene loosefill packaging material for sale in this state.
   (2) "Recycled material" means feedstock material from any of the
following that has been diverted from landfill disposal:
   (A) Material derived from a finished polystyrene product that has
completed its intended end use and product life cycle.
   (B) Material derived from a blemished, flawed, or otherwise
unusable finished polystyrene product.
   (C) Material derived from manufacturing and fabrication scrap from
production of a finished polystyrene product.
   (3) "Wholesaler" means a person who purchases expanded polystyrene
loosefill packaging for resale in this state.
   (b) Except as provided in subdivision (c), on and after January 1,
2012, a wholesaler or manufacturer shall not sell or offer for sale
in this state expanded polystyrene loosefill packaging material.
   (c) Subdivision (b) does not apply to expanded polystyrene
loosefill packaging materials that complies with the following
requirements:
   (1) On and after January 1, 2012, until December 31, 2013,
inclusive, it is comprised of at least 60 percent recycled material.
   (2)  On and after January 1, 2014, until December 31, 2016,
inclusive, it is comprised of at least 80 percent recycled material.
   (3) On and after January 1, 2017, it is comprised of 100 percent
recycled material.
   (d) A wholesaler or manufacturer who sells or offers for sale at
retail in this state expanded polystyrene loosefill packaging
material in violation of this chapter is guilty of an infraction and
shall be punished by a fine not exceeding one thousand dollars
($1,000).
  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.