BILL NUMBER: AB 1001 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 21, 2013
AMENDED IN SENATE JULY 9, 2013
AMENDED IN SENATE JUNE 25, 2013
AMENDED IN ASSEMBLY MAY 28, 2013
AMENDED IN ASSEMBLY MAY 8, 2013
AMENDED IN ASSEMBLY APRIL 3, 2013
INTRODUCED BY Assembly Member Gordon
(Coauthor: Assembly Member Stone)
FEBRUARY 22, 2013
An act to amend Sections 14538 and 14585 of the Public
Resources Code, relating to recycling, and making an appropriation
therefor. An act to amend Sections 25214.14 and
25214.15 of the Health and Safety Code, relating to hazardous
materials.
LEGISLATIVE COUNSEL'S DIGEST
AB 1001, as amended, Gordon. Recycling centers: beverage
containers. Hazardous materials: packaging:
exemptions.
Existing law, the Toxics in Packaging Prevention Act, prohibits a
manufacturer, importer, agent, or supplier, as defined, from
offering for sale or for promotional purposes in this state a package
or packaging component that includes specified regulated metals and
prohibits a person from offering for sale or for promotional purposes
in the state a product in a package that includes those
intentionally introduced regulated metals. A violation of the
hazardous waste control laws, including the act, is a crime.
The act exempts from its requirements a package or a packaging
component that meets any of specified conditions only if the
manufacturer or supplier prepares, retains, and biennially updates
documentation containing specified information for that package or
packaging component and exempts, until January 1, 2010, a package or
packaging component that contains no intentionally introduced
regulated metals, but exceeds the applicable maximum concentration
level set forth in the act only because of the addition of a recycled
material. The act requires, upon a written request from the
Department of Toxic Substances Control, the manufacturer or supplier,
on or before 30 calendar days after the date of receipt of the
request, to submit the required documentation to the department or to
submit a letter to the department indicating the date by which the
documentation shall be submitted, as specified.
This bill would extend this exemption to January 1, 2017, would
require, no later than July 1, 2014, a manufacturer or supplier of
packaging exercising the exemption under this provision to coordinate
with the department to develop a specified study or studies
measuring the content and leaching of regulated metals from the
packaging seeking the exemption, and would require the manufacturer
or supplier, no later than July 1, 2015, to provide to the department
a specified report documenting the results of the study or studies.
The bill would require the manufacturer or supplier to reimburse the
department for its actual costs associated with coordinating the
development of the study or studies and in reviewing and evaluating
the report.
The bill would expand the documentation required to be updated by
the manufacturer or supplier claiming the exemption and would require
the manufacturer or supplier to submit the documentation for all
exemptions under the act at least twice a year, on or before July 1
and January 1 of each year in which the exemption is being utilized.
By creating new crimes under the act, the bill would impose a
state-mandated local program.
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.
(1) Existing law, the California Beverage Container Recycling and
Litter Reduction Act, requires a distributor to pay a redemption
payment for every beverage container sold or offered for sale in the
state to the Department of Resources Recycling and Recovery. The
department is required to deposit those amounts in the California
Beverage Container Recycling Fund.
The act requires the department to certify recycling centers and
requires, as a condition of certification, that if one or more
certified entities have operated at the same location within the past
5 years, the operations at the location of the recycling center
exhibit, to the satisfaction of the department, a pattern of
operation in compliance with the requirements of the act.
This bill would authorize the department to waive this requirement
if it makes a specified determination.
(2) The act continuously appropriates from the California Beverage
Container Recycling Fund to the department the amount necessary to
pay handling fees monthly, in the form and manner adopted by the
department, to certain supermarket sites and recyclers to provide an
incentive for the redemption of empty beverage containers in
convenience zones. Existing law specifies procedures for determining
the number of containers for which a handling fee may be paid
pursuant to a claim filed as specified and requires the per-container
handling fee to be set, until March 1, 2013, at an amount that is
not less than the amount of the per-container handling fee that was
in effect on July 1, 2011. Existing law requires the department to
conduct a survey of beverage container recycling costs every 2 years
and requires the department, after July 1, 2014, to determine the
handling fee by conducting this survey and using the statewide
weighted average costs incurred for the redemption of empty beverage
containers.
This bill would delete the requirement that the handling fees be
paid monthly and would instead require that claims for handling fees
be filed electronically as part of a specified shipping report
provided to the department. The bill would establish an unspecified
amount of the handling fees the department is required to pay on and
after January 1, 2014, based on an unspecified volume of beverage
containers redeemed at each eligible recycling site, as defined.
The bill would authorize the department, on and after January 1,
2017, to adjust the unspecified amount of handling fees based on
costs determined pursuant to a survey that department would be
authorized to conduct on and after January 1, 2016, and not more
frequently than every 2 years thereafter. The bill would make an
appropriation by changing the terms and conditions under which the
department is authorized to make payments from a continuously
appropriated fund.
Vote: majority. Appropriation: yes no
. Fiscal committee: yes. State-mandated local program:
no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 25214.14 of the
Health and Safety Code is amended to read:
25214.14. A package or a packaging component is exempt from the
requirements of Section 25214.13, and shall be deemed in compliance
with this article, if the manufacturer or supplier complies with the
applicable documentation requirements specified in Section 25214.15
and the package or packaging component meets any of the following
conditions:
(a) The package or packaging component is marked with a code
indicating a date of manufacture prior to January 1, 2006.
(b) A regulated metal has been added to the package or packaging
component in the manufacturing, forming, printing, or distribution
process, to comply with the health or safety requirements of a
federal or state law.
(c) (1) The package or packaging component contains no
intentionally introduced regulated metals, but exceeds the applicable
maximum concentration level set forth in subdivision (c) of Section
25214.13 only because of the addition of a recycled material.
(2) This subdivision, and all exemptions provided pursuant to it,
expire on January 1, 2010 2017 .
(3) (A) No later than July 1, 2014, a manufacturer or supplier of
packaging seeking an exemption under this subdivision shall
coordinate with the department to develop a study or studies
measuring the content and leaching of regulated metals from the
packaging seeking the exemption. The study or studies and the report
required pursuant to subparagraph (B) may be a result of individual
or collaborative efforts by multiple manufacturers or suppliers. At a
minimum, the study or studies shall include the collection of
samples from a statistically representative number of packaging units
that contain recycled material. The collection of samples shall
provide information regarding, but not limited to, the different
levels of regulated metals in the packaging, the varying length of
time the contents are contained in or exposed to the packaging, the
different types of contents in the packaging that represent the range
of chemical composition and pH that are typically contained in the
packaging, and the various temperatures representing the range of
temperatures in which products are stored in the packaging. The study
or studies shall use nationally or internationally accepted testing
methods for this type of packaging to quantify the concentration of
regulated metals in the packaging and the concentration of regulated
metals that not only could leach from the packaging into the contents
of the package but also that could leach into a landfill
environment.
(B) No later than July 1, 2015, a manufacturer or supplier of
packaging conducting the study or studies pursuant to subparagraph
(A) shall provide to the department a report documenting the results
of the study or studies.
(4) A manufacturer or supplier coordinating with the department to
develop a study or studies pursuant to subparagraph (A) of paragraph
(3), and submitting a report to the department pursuant to
subparagraph (B) of paragraph (3) shall reimburse the department for
its actual costs associated with coordinating the development of the
study or studies and in reviewing and evaluating the report.
(d) (1) A regulated metal has been added to the package or
packaging component in the manufacturing, forming, printing, or
distribution process for a use for which there is no feasible
alternative.
(2) For purposes of this subdivision, "a use for which there is no
feasible alternative" means a use, other than for purposes of
marketing, for which a regulated metal is essential to the
protection, safe handling, or function, of the package's contents,
and technical constraints preclude the substitution of other
materials.
(e) (1) The package or packaging component is reused and contains
no intentionally introduced regulated metals, but exceeds the
applicable maximum concentration level set forth in subdivision (c)
of Section 25214.13, and all of the following apply:
(A) The product being conveyed by the package, the package, or
packaging component is otherwise regulated under a federal or state
health or safety requirement.
(B) The transportation of the packaged product is regulated under
federal or state transportation requirements.
(C) The disposal of the package is otherwise performed according
to the requirements of this chapter or Chapter 8 (commencing with
Section 114960) of Part 9 of Division 104.
(2) This subdivision, and all exemptions provided pursuant to it,
expire on January 1, 2010.
(f) (1) The package or packaging component has a controlled
distribution and reuse and contains no intentionally introduced
regulated metals, but exceeds the applicable maximum concentration
level set forth in subdivision (c) of Section 25214.13.
(2) This subdivision, and all exemptions provided pursuant to it,
expire on January 1, 2010.
(g) (1) The packaging or packaging component is a glass or ceramic
package or packaging component that has a vitrified label, and that,
when tested in accordance with the Waste Extraction Test, described
in Appendix II of Chapter 11 (commencing with Section 66261.1) of
Division 4.5 of Title 22 of the California Code of Regulations does
not exceed 1.0 ppm for cadmium, 5.0 ppm for hexavalent chromium, or
5.0 ppm for lead. A glass or ceramic package or packaging component
containing mercury is not exempted pursuant to this subdivision.
(2) A glass bottle package with paint or applied ceramic
decoration on the bottle does not qualify for an exemption pursuant
to this section, if the paint or applied ceramic decoration contains
lead or lead compounds in excess of 0.06 percent by weight.
(3) This subdivision, and all exemptions provided pursuant to it,
expire on January 1, 2010.
SEC. 2. Section 25214.15 of the
Health and Safety Code is amended to read:
25214.15. (a) A package or packaging component qualifies for an
exemption pursuant to Section 25214.14 only if the manufacturer or
supplier prepares, retains, and biennially updates documentation
containing all of the following information for that package or
packaging component:
(1) A statement that the documentation applies to an exemption
from the requirements of Section 25214.13.
(2) The name, position, and contact information for the person who
is the manufacturer's or supplier's contact person on all matters
concerning the exemption.
(3) An identification of the exemption and a reference to the
applicable subdivision in Section 25214.14 setting forth the
conditions for the exemption.
(4) A description of the type of package or packaging component to
which the exemption applies.
(5) Identification of the type and concentration of the regulated
metal or metals present in the package or packaging component, and a
description of the testing methods used to determine the
concentration.
(6) An explanation of the reason for the exemption.
(7) Supporting documentation that fully and clearly demonstrates
that the package or packaging component is eligible for the
exemption.
(8) The documentation listed in subdivisions (b), (c), (d), (e),
(f), (g), or (h), whichever is applicable for the exemption.
(b) In addition to the requirements specified in subdivision (a),
if an exemption is being claimed under subdivision (a) of Section
25214.14, the manufacturer or supplier shall prepare, retain, and
biennially update documentation containing all of the following
information for the package or packaging component to which the
exemption applies:
(1) Date of manufacture.
(2) Estimated time needed to exhaust current inventory.
(3) Alternative package or packaging component that meets the
requirements of Section 25214.13.
(c) In addition to the requirements specified in subdivision (a),
if an exemption is being claimed under subdivision (b) of Section
25214.14, the manufacturer or supplier shall prepare, retain, and
biennially update documentation that contains all of the following
information for each regulated metal intentionally introduced in the
package or packaging component to which the exemption applies:
(1) Identification of the specific federal or state law requiring
the addition of the regulated metal to the package or packaging
component.
(2) Detailed information that fully and clearly demonstrates that
the addition of the regulated metal to the package or packaging
component is necessary to comply with the law identified pursuant to
paragraph (1).
(3) A description of past, current, and planned future efforts to
seek or develop alternatives to eliminate the use of the regulated
metal in the package or packaging component.
(4) A description of all alternative measures that have been
considered, and, for each alternative, an explanation as to why the
alternative is not satisfactory for purposes of achieving compliance
with the law identified pursuant to paragraph (1).
(d) In addition to the requirements specified in subdivision (a),
if an exemption is being claimed under subdivision (c) of Section
25214.14, the manufacturer or supplier shall prepare, retain, and
biennially update documentation containing all of the following
information for the package or packaging component to which the
exemption applies:
(1) The type and percentage of recycled material or materials
added to the package or packaging component.
(2) The type and concentration of each regulated metal contained
in each recycled material added to the package or packaging
component.
(3) Efforts to minimize or eliminate the regulated metals in the
package or packaging component.
(4) A description of past, current, and planned future efforts to
seek or develop alternatives to minimize or eliminate the use of the
regulated metal in the package or packaging component.
(5) A thorough description of the processes utilized in the
manufacture of the packaging, including, but not limited to, the
source and nature of feed stocks, physical and chemical processing,
and the quality assurance and quality control measures utilized to
identify and minimize the levels of regulated metals in the packaging
product that are due to the addition of a recycled material.
(e) In addition to the requirements specified in subdivision (a),
if an exemption is being claimed under subdivision (d) of Section
25214.14, the manufacturer or supplier shall prepare, retain, and
biennially update documentation containing all of the following
information for each regulated metal intentionally introduced into
the package or packaging component to which the exemption applies:
(1) Detailed information and evidence that fully and clearly
demonstrates how the regulated metal contributes to, and is essential
to, the protection, safe handling, or functioning of the package's
contents.
(2) A description of past, current, and planned future efforts to
seek or develop alternatives to minimize or eliminate the use of the
regulated metal in the package or packaging component.
(3) A description of all alternative measures that have been
considered, and, for each alternative, an explanation as to the
technical constraints that preclude substitution of the alternative
for the use of the regulated metal.
(4) Documentation that the regulated metal is not being used for
the purposes of marketing.
(f) In addition to the requirements specified in subdivision (a),
if an exemption is being claimed under subdivision (e) of Section
25214.14, the manufacturer or supplier shall prepare, retain, and
biennially update documentation containing all of the following
information for the package or packaging component to which the
exemption applies:
(1) The percentage of reused materials.
(2) Identification of the federal or state health or safety law
regulating the product being conveyed by the package, the package, or
the packaging component.
(3) Identification of the federal or state transportation law
regulating the transportation of the packaged product.
(4) Information demonstrating that the package is disposed of in
accordance with the requirements of this chapter or Chapter 8
(commencing with Section 114960) of Part 9 of Division 104.
(5) A description of past, current, and planned future efforts to
seek or develop alternatives to minimize or eliminate the use of the
regulated metal in the package or packaging component.
(g) In addition to the requirements specified in subdivision (a),
if an exemption is being claimed under subdivision (f) of Section
25214.14, the manufacturer or supplier shall prepare, retain, and
biennially update documentation containing all of the following
information for the package or packaging component to which the
exemption applies:
(1) The percentage of reused materials.
(2) Information and evidence that demonstrates that the
environmental benefit of the controlled distribution and reuse of the
package or packaging component is significantly greater, as compared
to the same package or packaging component manufactured in
compliance with the applicable maximum concentration level set forth
in subdivision (c) of Section 25214.13.
(3) A means of identifying, in a permanent and visible manner, any
reusable package or packaging component containing a regulated metal
for which the exemption is sought.
(4) A method of regulatory and financial accountability, so that a
specified percentage of the reusable packages or packaging
components that are manufactured and distributed to other persons are
not discarded by those persons after use, but are returned to the
manufacturer or identified designees.
(5) A system of inventory and record maintenance to account for
reusable packages or packaging components placed in, and removed
from, service.
(6) A means of transforming returned packages or packaging
components that are no longer reusable into recycled materials for
manufacturing, or a means of collecting and managing returned
packages or packaging components as waste in accordance with
applicable federal and state law.
(7) A description of past, current, and planned future efforts to
seek or develop alternatives to minimize or eliminate the use of the
regulated metal in the package or packaging component.
(h) In addition to the requirements specified in subdivision (a),
if an exemption is being claimed under subdivision (g) of Section
25214.14, the manufacturer or supplier shall prepare, retain, and
biennially update the following documentation for the package or
packaging component to which the exemption applies:
(1) Applicable test data.
(2) A description of past, current, and planned future efforts to
seek or develop alternatives to minimize or eliminate the use of the
regulated metal in the package or packaging component.
(i) A manufacturer or supplier shall submit the documentation
required pursuant to subdivisions (a) to (h), inclusive, to the
department, as follows:
(1) Upon receipt of a written request from the department, the
manufacturer or supplier shall, on or before 30 calendar days after
the date of receipt, do one of the following:
(A) Submit the required documentation to the department.
(B) Submit a letter to the department indicating the date by which
the documentation shall be submitted, which may be no more than 90
calendar days after the date of receipt of the department's request.
(2) If
at least twice a year, on or before July 1 and January 1 of each
year in which the exemption is being utilized. If
the department finds that the documentation supplied pursuant to
paragraph (1) this section is
incomplete or incorrect, the department shall notify the manufacturer
or supplier that the documentation is incomplete or incorrect, and
the manufacturer or supplier shall submit complete and correct
documentation to the department within 60 calendar days after the
date of receipt of the notification.
(j) If a manufacturer or supplier fails to comply with subdivision
(i) by any of the specified dates in that subdivision
, the manufacturer or supplier shall, with respect to the
package or packaging component to which the documentation request
applies, comply with one of the following:
(1) Immediately cease to offer the package or packaging component
for sale or for promotional purposes in this state.
(2) Replace the package or packaging component with a package or
packaging component that conforms with the regulated metals
limitations specified in Section 25214.13, in accordance with a
schedule approved in writing by the department.
(3) Submit complete and correct documentation for the package or
packaging component, in accordance with a schedule approved in
writing by the department.
SEC. 3. 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. All matter omitted in this version of
the bill appears in the bill as amended in the Senate, July 9, 2013.
(JR11)