BILL ANALYSIS
AB 1329
Page 1
ASSEMBLY THIRD READING
AB 1329 (Brownley)
As Amended April 20, 2009
Majority vote
ENVIRONMENTAL SAFETY 5-2
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|Ayes:|Chesbro, Davis, Feuer, |
| |Monning, Ruskin |
| | |
|-----+--------------------------|
|Nays:|Miller, Smyth |
| | |
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SUMMARY : Prohibits a retail establishment from selling,
distributing, or importing a rigid or flexible polyvinyl
chloride (PVC) packaging container, on and after January 1,
2013, and on and after January 1, 2014, respectively.
Specifically, this bill :
1)Defines "flexible polyvinyl chloride packaging container" as a
container that is used to contain, hold, protect, or display
another product, if all of the following conditions apply:
PVC plastic resin is the primary component of the container;
it is only intended to hold, protect, or display another
product and then is intended to be discarded; it has the shape
of a sack, pouch, or other packaging shape, including a shrink
or stretch wrap; and, it has a flexible shape or form.
2)Defines "rigid polyvinyl chloride packaging container" as a
container that is used to contain, hold, protect, or display
another product, if all of the following conditions apply:
PVC plastic resin is the primary component of the container;
it is only intended to hold, protect, or display another
product and then is intended to be discarded; it has the shape
of a cup, bottle, bowl, clamshell, or other packaging shape;
it has an inflexible or finite shape or form.
AB 1329
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3)Prohibits, on and after January 1, 2013, a retail
establishment from selling, distributing, or importing in
commerce a rigid polyvinyl chloride packaging container in
this state.
4)Prohibits, on and after January 1, 2014, a retail
establishment from selling, distributing, or importing in
commerce a flexible polyvinyl chloride packaging container in
this state.
EXISTING LAW , under the Toxics in Packaging Prevention Act [AB
455 (Chu), Chapter 679, Statutes of 2003],
1)Prohibits, with exceptions, a manufacturer, supplier or person
from offering for sale or for promotional purposes a package
or packaging component that contains lead, mercury, cadmium,
or hexavalent chromium (known as "regulated metals.")
2)Authorizes DTSC, if it determines that other substances
contained in packaging should be added as regulated metals in
order to further reduce the toxicity of packaging waste, to
submit recommendations to the Governor and the Legislature for
additions to the list.
3)Provides that a manufacturer or supplier who sells a package
or packaging component that contains regulated metals is
guilty of a misdemeanor punishable by a fine of not less than
$5,000 nor more than $100,000, by imprisonment in a county
jail for not more than one year, or by both the fine and
imprisonment.
FISCAL EFFECT : Unknown
COMMENTS : According to the author's office, "There is virtually
no recycling market for [PVC], so almost all PVC packaging is
land filled. PVC packaging is a contaminant in the recycling
stream of other plastics, such as Polyethylene Terephthalate
(PET). Recyclers who try to recover container types that have a
high prevalence of PVC, like product containers, risk expensive
contamination issues. Furthermore, PVC plastic packaging pose
human health risks that warrant a phase-out from consumer use
faster than is likely to be achieved through DTSC's Green
AB 1329
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Chemistry program. Vinyl Chloride production emits toxic
pollution in an around manufacturing facilities, including vinyl
chloride. PVC packaging contains toxic additives at a very high
rate, including phthalates, lead and cadmium that poses a threat
both as packaging in the home and as litter. As solid waste, PVC
is a major source of chlorine and dioxins at incineration
facilities."
PVC is a widely used thermoplastic polymer. As a hard plastic,
it is used as vinyl siding, window casings, plumbing, and some
fixtures. Flexible PVC is used in clothing, upholstery,
flexible tubing, flooring, electrical insulation and in
packaging materials and food wraps. Lead and cadmium are
commonly added to PVC and flexible PVC plastics are made by also
adding phthalate plasticizers. Toxic metals and plasticizers,
which leach from PVC products, are listed as reproductive or
developmental toxicants or as carcinogens under Proposition 65;
are linked to irreversible neurological damage; or, cause renal,
pulmonary and reproductive toxicity.
Opponents claim that this bill: 1) fails to consider the
technological and performance aspects of PVC packaging
containers which necessitate their use for specific
applications; 2) ignores existing statutory authority that
rests with DTSC to regulate the use of heavy metals in
packaging. Stricter enforcement of this statute, with an
emphasis on packaging materials that are imported, would be the
most prudent public health and environmental protection policy
the state could take; 3) wrongly assumes that PVC packaging and
bottles are not being recycled or pose a significant threat to
the recycling of other plastic packaging; and, 4) focuses scarce
state resources on a miniscule portion of the solid waste
stream.
Analysis Prepared by : Shannon McKinney / E.S. & T.M. / (916)
319-3965
FN: 0000470