BILL NUMBER: SB 898 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 26, 2007
INTRODUCED BY Senator Simitian
FEBRUARY 23, 2007
An act to amend Section 48021 of Sections
18015 and 48021of, and to add Chapter 2.7 (commencing with Section
48210) to Part 7 of Division 30 of, the Public Resources Code,
relating to solid waste.
LEGISLATIVE COUNSEL'S DIGEST
SB 898, as amended, Simitian. Solid waste: cleanup.
Beverage containers: solid waste cleanup: marinas and
harbors.
(1) Existing law requires all rigid
plastic bottles and rigid plastic containers sold in the state to be
labeled with a code that indicates the resin used to produce the
bottles or containers, with specified numbers and letters. The
Division of Recycling of the Department of Conservation is required
to maintain a list of abbreviations used on those labels.
This bill would additionally include, in the list of codes,
"0" or "PLA," which indicates bottles or containers made with
polylactic acid.
Under
(2) Under the California
Integrated Waste Management Act of 1989, the California Integrated
Waste Management Board is required to initiate a program for the
cleanup of solid waste disposal sites and the cleanup of solid waste
at codisposal sites, as defined, where the responsible party either
cannot be identified or is unable or unwilling to pay for timely
remediation, and where cleanup is needed to protect public health and
safety or the environment. The act authorizes the board to expend a
portion of the funds appropriated for the program for grants to
public entities to abate illegal disposal sites, and specifies that
for purposes of that authorization, an activity to remove or abate
solid waste disposed into a municipal storm sewer is eligible to
receive a partial grant, if the grant is used for solid waste
cleanup, solid waste abatement, or any other activity that mitigates
the impact of solid waste, and an ongoing program is established to
prevent recurring solid waste disposal into the municipal storm
sewer.
This bill would specify that the authorization to use a grant for
any other activity that mitigates the impact of solid waste, concerns
solid waste that would otherwise be disposed into the municipal
storm sewer. The bill would also specify that the ongoing program
established to prevent recurring solid waste disposal into the
municipal storm sewer is required to be established by the public
entity.
(3) This bill would additionally
require the board to recommend, in coordination with the Department
of Boating and Waterways and the Department of Fish and Game,
guidelines and programs for the removal and disposal of derelict
fishing gear, and programs to improve waste management by
marina and vessel operators in marinas and harbors.
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 18015 of the Public
Resources Code is amended to read:
18015. (a) All rigid plastic bottles and rigid plastic containers
sold in California on and after January 1, 1992, shall be labeled
with a code which that indicates the
resin used to produce the rigid plastic bottle or rigid plastic
container. Rigid plastic bottles or rigid plastic containers with
labels and basecups of a different material shall be coded by their
basic material. The code shall consist of a number placed inside a
triangle, and letters placed below the triangle. The triangle shall
be equilateral, formed by three arrows with the apex of each point of
the triangle at the midpoint of each arrow, rounded with a short
radius. The pointer (arrowhead) of each arrow shall be at the
midpoint of each side of the triangle with a short gap separating the
pointer from the base of the adjacent arrow. The triangle, formed by
the three arrows curved at their midpoints shall depict a clockwise
path around the code number. The numbers and letters used shall be as
follows:
1 = PETE (polyethylene terephthalate)
2 = HDPE (high density polyethylene)
3 = V (vinyl)
4 = LDPE (low density polyethylene)
5 = PP (polypropylene)
6 = PS (polystyrene)
7 = OTHER (includes multilayer)
0 = PLA (polylactic acid)
(b) A "7" shall appear below the resin abbreviation when the
bottle or container is composed of more than one layer of that resin.
(c) On and after January 1, 1989, the The
Division of Recycling of the Department of
Conservation shall maintain a list of abbreviations used on labels
pursuant to subdivision (a) and shall provide a copy of that list to
any person upon request.
SECTION 1. SEC. 2. Section 48021 of
the Public Resources Code is amended to read:
48021. (a) In prioritizing the sites for cleanup pursuant to
Section 48020, the board shall consider the degree of risk to public
health and safety and the environment posed by conditions at a site,
the ability of the site owner to clean up the site without monetary
assistance, the ability of the board to clean up the site adequately
with available funds, maximizing the use of available funds, and
other factors as determined by the board.
(b) (1) In administering the program authorized by Section 48020,
the board may expend funds directly for cleanup, provide loans to
parties who demonstrate the ability to repay state funds, and provide
partial grants to public entities, to assist in site cleanup.
(2) The board may expend funds directly for the cleanup of a
publicly owned site only if the board determines that the public
entity lacks resources or expertise to timely manage the cleanup
itself.
(3) In addition to the criteria specified in subdivision (a), in
considering partial grants that provide greater than 50 percent of
the funds directly for cleanup, the board shall consider the amount
of contributions of moneys or in-kind services from the applicant;
the availability of other appropriate funding sources to remediate
the site; the degree of public benefit; the presence of innovative
and cost-effective programs to abate or prevent solid waste problems
to be addressed by the grants; and other factors as determined by the
board.
(c) (1) In addition to the expenditures specified in subdivision
(b), the board may expend a portion of the funds appropriated for the
program to abate illegal disposal sites.
(2) For the purposes of this subdivision, the board may provide
grants to public entities.
(3) Where funds are provided by the board to address illegal
disposal sites within a jurisdiction, the local enforcement agency
shall provide ongoing enforcement to prevent recurring illegal
disposal at the site.
(4) For the purposes of this subdivision, an activity to remove or
abate solid waste disposed into a municipal storm sewer is eligible
to receive a partial grant, if the grant is used for solid waste
cleanup, solid waste abatement, or any other activity that mitigates
the impact of solid waste that otherwise would be disposed into the
municipal storm sewer, and an ongoing program is established by the
public entity to prevent recurring solid waste disposal into the
municipal storm sewer.
(d) In developing and implementing the program, the board shall
consult with certified local enforcement agencies and the regional
water boards.
SEC. 3. Chapter 2.7 (commencing with Section
48210) is added to Part 7 of Division 30 of the Public
Resources Code , to read:
CHAPTER 2.7. MARINAS AND HARBORS WASTE MANAGEMENT
48210. For purposes of this chapter, "derelict fishing gear"
includes lost or abandoned fishing nets, fishing lines, and other
commercial and recreational fishing equipment.
48211. The board shall recommend, in coordination with the
Department of Boating and Waterways and the Department of Fish and
Game, both of the following:
(a) Guidelines and programs for the removal and disposal of
derelict fishing gear.
(b) Programs to improve waste management by marina and vessel
operators in marinas and harbors.