BILL NUMBER: AB 1435	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 18, 2015

INTRODUCED BY   Assembly Member Alejo
   (Principal coauthors: Assembly Members Bigelow and Cooper)
   (Principal coauthor: Senator Cannella)
   (Coauthors: Assembly Members Calderon, Dodd, Eggman, Gordon, Gray,
and Olsen)
   (Coauthor: Senator Galgiani)

                        FEBRUARY 27, 2015

   An act to amend  Section 25214.12 of  
Sections 25214.14 and 25214.15 of, and to add Section 25214.25 to,
 the Health and Safety Code, relating to hazardous waste.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1435, as amended, Alejo. Hazardous waste: toxics: packaging.
   The Toxics in Packaging Prevention Act generally prohibits a
manufacturer or supplier from offering for sale or for promotional
purposes in this state a package or packaging component that includes
intentionally introduced lead, mercury, cadmium, or hexavalent
chromium in the package or in a packaging component. The act 
defines the term "package" as meaning any container that provides a
means of marketing, protecting, or handling a product and specifies
that a package does not include a reusable bag.  
exempted from this prohibition, until January 1, 2010, a package or a
packaging component if the manufacturer or supplier complied with
specific documentation requirements and the package or  
packaging component did not contain any intentionally introduced
lead, mercury, cadmium, or hexavalent chromium, but exceeded a
specific maximum concentration level because of the addition of a
recycled material. 
   This bill would  also exclude a "glass beverage container"
and a "glass food or drink container" from the definition of
"package."   provide a similar exemption, until January
1, 2019, for a glass beverage, food, or drink container. The bill
would require the Department of Toxic Substances Control to evaluate
the packaging of glass beverage, food, and drink containers, as
specified, to determine if lead, mercury, cadmium, or hexavalent
chromium is present in glass beverage, food, or drink containers sold
in California. If the department determines that these metals are
  present, the bill would require the depart   ment
to also evaluate whether and under what circumstances those metals
can leach from the glass containers into the food or beverage and
whether the presence of the metals in the glass containers presents a
risk to human health and the environment. The bill would authorize
the department to request any information and collect any samples
necessary for the evaluations from glass manufacturers or feedstock
or raw material suppliers in the state that are subject to the act,
and would require the department to provide the results of the
evaluations to the Legislature by January 1, 2018. The bill would
authorize the department to adopt regulations, pursuant to existing
authority, based on these evaluations. The bill would authorize the
department to seek reimbursement from the glass manufacturers and
feedstock and raw material suppliers to cover the reasonable costs
directly related to collecting glass samples, reviewing and
processing those samples, analyzing the   samples,
disseminating certain information, and implementing any regulations
that are developed as a result of the evaluations.  
   The bill would delete obsolete provisions and would make
conforming changes. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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  
before  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  
is a glass beverage container, as defined in Section 14513 of the
Public Resources Code, or a glass   food or drink container,
as defined in Section 14513.3 of the Public Resources Code, and the
package  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.   2019. 
   (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), 
or  (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.
   (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) 
    (f)  A manufacturer or supplier shall submit the
documentation required pursuant to subdivisions (a) to  (h),
  (e),  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 
 shall not  be  no  more than 90 calendar
days after the date of receipt of the department's request.
   (2) If the department finds that the documentation supplied
pursuant to paragraph (1) 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) 
    (g)  If a manufacturer or supplier fails to comply with
subdivision  (i)   (f)  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.    Section 25214.25 is added to the 
 Health and Safety Code   , to read:  
   25214.25.  (a) The department shall evaluate the packaging of
glass beverage, food, and drink containers to determine if regulated
metals are present in glass food, beverage, and drink containers sold
in California. If the department determines regulated metals are
present in those containers, the department shall also evaluate
whether and under what circumstances the regulated metals can leach
from the glass containers into the food or beverage and whether the
presence of the regulated metals in the glass containers presents a
risk to human health or the environment. The evaluation shall
include, but not be limited to, the following:
   (1) An evaluation of the feedstock or raw materials used in the
manufacture of glass beverage, food, and drink containers to
determine the presence and prevalence of regulated metals in the
feedstock or raw materials used to manufacture glass beverage, food,
and drink containers.
   (2) An evaluation of the levels of regulated metals, if found, in
glass beverage, food, and drink containers, including an evaluation
of whether or not those regulated metals leach from the glass
containers into the food or beverage.
   (3) If department determines regulated metals do leach from glass
beverage, food, or drink containers, an evaluation of the levels and
concentrations of the leached metals and whether any of those levels
pose a risk to human health or the environment.
   (4) An evaluation of the practices of the glass manufacturing
industry in the state, including the efforts of glass manufacturers
to comply with this article and steps the glass manufacturers have
taken to reduce the presence of regulated metals in their glass
beverage, food, and drink containers since this article's enactment.
   (b) To carry out the evaluations required by this section, the
department is authorized to request any information and collect any
samples necessary from glass manufacturers and feedstock or raw
material suppliers in the state that are subject to this article. Any
glass manufacturer or feedstock or raw material supplier that
receives a request for information or samples from the department
shall provide the information or samples to the department.
   (c) The department may consult with state and federal agencies to
carry out the evaluations required pursuant to this section.
   (d) (1) The department may adopt regulations, pursuant to Section
25150, based on the evaluations required by this section. The
department is authorized to seek reimbursement from glass
manufacturers and feedstock or raw material suppliers subject to this
article for the reasonable costs directly relating to collecting
glass samples, reviewing and processing those samples, analyzing the
samples, disseminating any information necessary to relevant parties
to complete the evaluations required by this section, and
implementing any regulations that are developed as a result of the
evaluations. The amount collected by the department pursuant to this
subdivision shall be determined and adjusted as necessary based on
the duties imposed on the department pursuant to this section and
shall not exceed the costs of implementing this section.
   (2) A glass manufacturer or feedstock or raw material supplier
that receives an invoice from the department seeking reimbursement
for costs directly related to carrying out the provisions of this
section shall pay the amount invoiced to the department no later than
60 days from receiving the invoice.
   (e) (1) The department shall provide the results of the evaluation
required by this section to the Legislature no later than January 1,
2018.
   (2) A report to be submitted pursuant to this subdivision shall be
submitted in compliance with Section 9795 of the Government Code.
 
  SECTION 1.    Section 25214.12 of the Health and
Safety Code is amended to read:
   25214.12.  For purposes of this article, the following terms have
the following meanings:
   (a) "Authorized official" means a representative of a manufacturer
or supplier who is authorized pursuant to the laws of this state to
bind the manufacturer or supplier regarding the accuracy of the
content of a certificate of compliance.
   (b) "ASTM" means ASTM International.
   (c) "Distribution" means the practice of taking title to a package
or a packaging component for promotional purposes or resale. A
person involved solely in delivering a package or a packaging
component on behalf of a third party is not engaging in distribution.

   (d) (1) "Intentional introduction" means the act of deliberately
utilizing a regulated metal in the formation of a package or
packaging component where its continued presence is desired in the
final package or packaging component to provide a specific
characteristic, appearance, or quality.
   (2) "Intentional introduction" does not include either of the
following:
   (A) The use of a regulated metal as a processing agent or
intermediate to impart certain chemical or physical changes during
manufacturing, where the incidental retention of a residue of that
metal in the final package or packaging component is not desired or
deliberate, if the final package or packaging component is in
compliance with subdivision (c) of Section 25214.13.
   (B) The use of recycled materials as feedstock for the manufacture
of new packaging materials, where some portion of the recycled
materials may contain amounts of a regulated metal, if the new
package or packaging component is in compliance with subdivision (c)
of Section 25214.13.
   (e) "Incidental presence" means the presence of a regulated metal
as an unintended or undesired ingredient of a package or packaging
component.
   (f) "Manufacturer" means any person, firm, association,
partnership, or corporation producing a package or packaging
component.
   (g) "Manufacturing" means the physical or chemical modification of
a material to produce packaging or a packaging component.
   (h) (1) Except as provided in paragraph (2), "package" means any
container, produced either domestically or in a foreign country,
providing a means of marketing, protecting, or handling a product
from its point of manufacture to its sale or transfer to a consumer,
including a unity package, an intermediate package, or a shipping
container, as defined in the ASTM specification D 996. "Package" also
includes, but is not limited to, unsealed receptacles, including
carrying cases, crates, cups, pails, rigid foil and other trays,
wrappers and wrapping films, bags, and tubs.
   (2) "Package" does not include any of the following:
   (A) A "glass beverage container," as defined in Section 14513 of
the Public Resources Code.
   (B) A "glass food or drink container," as defined in Section
14513.3 of the Public Resources Code.
   (C) A reusable bag, as defined in subdivision (d) of Section 42250
of the Public Resources Code.
   (i) "Packaging component" means any individual assembled part of a
package that is produced either domestically or in a foreign
country, including, but not necessarily limited to, any interior or
exterior blocking, bracing, cushioning, weatherproofing, exterior
strapping, coatings, closures, inks, labels, dyes, pigments,
adhesives, stabilizers, or any other additives. Tin-plated steel that
meets the ASTM specification A 623 shall be considered as a single
package component. Electrogalvanized coated steel and hot dipped
coated galvanized steel that meet the ASTM qualifications A 591, A
653, A 879, and A 924 shall be treated in the same manner as
tin-plated steel.
   (j) "Purchaser" means a person who purchases and takes title to a
package or a packaging component, from a manufacturer or supplier,
for the purpose of packaging a product manufactured, distributed, or
sold by the purchaser.
   (k) "Recycled material" means a material that has been separated
from solid waste for the purpose of recycling the material as a
secondary material feedstock. Recycled materials include paper,
plastic, wood, glass, ceramics, metals, and other materials, except
that recycled material does not include a regulated metal that has
been separated from other materials into its elemental or other
chemical state for recycling as a secondary material feedstock.
   (  l  ) "Regulated metal" means lead, mercury,
cadmium, or hexavalent chromium.
   (m) (1) "Supplier" means a person who does or is one or more of
the following:
   (A) Sells, offers for sale, or offers for promotional purposes, a
package or packaging component that is used by any other person to
package a product.
   (B) Takes title to a package or packaging component, produced
either domestically or in a foreign country, that is purchased for
resale or promotional purposes.
   (C) Acts as an intermediary for the purchase of a package or
packaging component for resale from a manufacturer located in another
country to a purchaser located in this state, and who may receive a
commission or a fee on that sale.
   (D) Listed as the importer of record on a United States Customs
Service form for an imported package or packaging component.
   (2) "Supplier" does not include a person involved solely in
delivering a package or packaging component on behalf of a third
party.
   (n) "Toxics in Packaging Clearinghouse" means the Toxics in
Packaging Clearinghouse (TPCH) of the Council of State Governments.