BILL ANALYSIS Ó
AB 215
Page 1
ASSEMBLY THIRD READING
AB 215 (Chesbro)
As Introduced January 31, 2013
Majority vote
NATURAL RESOURCES 9-0 APPROPRIATIONS 17-0
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|Ayes:|Chesbro, Grove, Bigelow, |Ayes:|Gatto, Harkey, Bigelow, |
| |Garcia, Muratsuchi, | |Bocanegra, Bradford, Ian |
| |Patterson, Skinner, | |Calderon, Campos, |
| |Stone, Williams | |Donnelly, Eggman, Gomez, |
| | | |Hall, Holden, Linder, |
| | | |Pan, Quirk, Wagner, |
| | | |Ammiano |
|-----+--------------------------+-----+--------------------------|
| | | | |
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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
AB 215
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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 the
Department of Resources Recycling and Recovery
(CalRecycle) 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%
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%
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.
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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% postconsumer material; have a
recycling rate of 45%; be a reusable package; or, be a
source reduced container.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, this bill has negligible costs to CalRecycle.
COMMENTS : The definitions in RPPC law were established in 1991
and have not been updated since 2005. The definitions of the
various container types have not been updated since 1993, 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.
Analysis Prepared by : Melissa Sayoc / NAT. RES. / (916)
319-2092
FN: 0000229