BILL ANALYSIS �
AB 215
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Date of Hearing: April 1, 2013
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Wesley Chesbro, Chair
AB 215 (Chesbro) - As Introduced: January 31, 2013
SUBJECT : Solid waste recycling
SUMMARY : Updates definitions within the Rigid Plastic Packaging
Container (RPPC) law to be consistent with current regulations
and to ensure equitable treatment of similar containers.
EXISTING LAW:
1)Pursuant to the Integrated Waste Management Act of 1989 (Act):
a) Establishes a state policy goal that 75% of solid waste
generated be diverted from landfill disposal by 2020.
b) Requires a commercial waste generator (including
multi-family dwellings) to arrange for recycling services
and requires local governments to implement commercial
solid waste recycling programs designed to divert solid
waste from businesses.
2)Pursuant to RPPC law:
a) Establishes definitions, including:
i) "Rigid plastic packaging container" means any
plastic package having a relatively inflexible, finite
shape or form, with a minimum capacity of eight fluid
ounces and a maximum capacity of five fluid gallons (or
equivalent volume) that is capable of holding its shape
while holding other products, including, but not limited
to, bottles, cartons, and other receptacles, for sale or
distribution in the state.
ii) "Container manufacturer" means a company or
successor company that sells any RPPC subject to the law
to a manufacturer that sells or offers for sale in this
state any product packaged in the container.
iii) "Refillable package" means a RPPC that CalRecycle
AB 215
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determines is routinely returned to and refilled by the
product manufacturer at least five times with the
original product contained by the package.
iv) "Postconsumer material" means a material that would
otherwise be destined for solid waste disposal, having
completed its intended end use and product life cycle.
Postconsumer material excludes materials and byproducts
generated from, and commonly reused within, an original
manufacturing and fabrication process.
v) "Source reduced container" means either of the
following:
(1) An RPPC for which the manufacturer seeks
compliance as of January 1, 1995, whose package weight
per unit of use of product has been reduced by 10
percent when compared with the packaging used for that
product between 1990 and 1994; and,
(2) An RPPC for which the manufacturer seeks
compliance after January 1, 1995, whose package weight
per unit or use of product has been reduced by 10
percent when compared with the packaging used by the
manufacturer on January 1, 1995; the packaging used
for that product over the course of the first full
year of commerce in the state; or, the packaging used
in commerce that same year for similar products whose
containers have not been considered source reduced.
b) Specifies limits on what is considered a source reduced
container.
c) Requires that every RPPC sold or offered for sale in the
state, with exceptions for food and cosmetic containers,
shall be either made from 25 percent postconsumer material;
have a recycling rate of 45 percent; be a reusable package;
or, be a source reduced container.
THIS BILL updates and makes clean-up changes to definitions
within the RPPC law to reflect current packaging types and
recycling technologies.
FISCAL EFFECT : Unknown
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COMMENTS :
The definitions in RPPC law were established in 1991 and have
not been updated since 2005, even though the regulatory
definitions have been updated to reflect current packaging types
and recycling technologies. This bill updates and revises these
definitions to be consistent with current regulations and to
ensure equitable treatment of similar containers.
REGISTERED SUPPORT / OPPOSITION :
Support
None on file
Opposition
None on file
Analysis Prepared by : Melissa Sayoc / NAT. RES. / (916)
319-2092