Amended in Senate August 22, 2013

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

California Legislature—2013–14 Regular Session

Assembly Bill No. 1001

Introduced by Assembly Member Gordon

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(Coauthor: Assembly Member Stone)

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February 22, 2013

An act to amend Sections 25214.14 and 25214.15 of the Health and Safety Code, relating to hazardous materials begin insert , and declaring the urgency thereof, to take effect immediately end insert .

LEGISLATIVE COUNSEL’S DIGEST

AB 1001, as amended, Gordon. 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.

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This bill would declare that it is to take effect immediately as an urgency statute.

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Vote:  begin delete majority end delete begin insert ²⁄₃ end insert . Appropriation: no. Fiscal committee: yes. State-mandated local program: 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, 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, 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 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), 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.

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begin insert SEC. 4. end insert   

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This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:

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In order to extend this exemption and study various types of
materials for the purpose of beverage container recycling at the
earliest possible time, it is necessary for this act to take effect
immediately.

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