BILL ANALYSIS Ó AB 1435 Page A Date of Hearing: April 28, 2015 ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS Luis Alejo, Chair AB 1435 (Alejo) - As Introduced February 27, 2015 SUBJECT: Hazardous waste: toxics: packaging SUMMARY: Provides an exemption from the Toxics in Packaging Prevention Act (TPPA) for glass beverage, food or drink containers. EXISTING LAW : 1)Prohibits a manufacturer, supplier or person from offering for sale or for promotional purposes a package that includes an intentionally introduced regulated metal or in which the sum of the incidental total concentration levels of the regulated metals exceeds 100 parts per million by weight. 2)Exempts, until January 1, 2010, packaging from having to comply with the prohibition, if the packaging contains no intentionally introduced regulated metals but exceeds the maximum concentration level because of the addition of a recycled material. FISCAL EFFECT: Not Known. AB 1435 Page B COMMENTS: Need for the bill: According to the author, "AB 1435 will remove an inconsistency in our environmental laws and will preserve the state's recycling program, reduce greenhouse gas emissions, and protect manufacturing jobs by appropriately exempting glass containers from the California Toxics in Packaging Law. Glass containers do not belong in the statute because studies show that glass is safe and does not leach heavy metals." California enacted the TPPA, (AB 455 (Chu), Chapter 679, Statutes of 2003), prohibiting, on and after January 1, 2006, a manufacturer, importer, agent, or supplier from offering for sale in California a package or packaging component that includes a regulated metal, defined as lead, cadmium, mercury, or hexavalent chromium, if that regulated metal has been intentionally introduced into the package or packaging component during manufacturing or distribution. The intent of this law is to reduce the toxicity in packaging without discouraging the use of recycled materials in packaging production. Consumer goods packaging makes up a significant portion of waste going to the nation's municipal solid waste landfills. Packaging containing toxic substances, especially heavy metals, can release those poisonous or dangerous substances, contaminating the soil and groundwater surrounding the landfill. The original TPPA provided special consideration for trace concentration of lead and other heavy metal that resulted from the use of recycled content. In the case of glass AB 1435 Page C contamination, the residual lead resulted from historic glass production techniques. Since the expiration of the special recycled content provisions, there has been concern about the presence of trace amount of heavy metals in glass cullet used for producing glass. A recent study, conducted under the guise of the FEVE, the European Container Glass Federation, examined the likelihood that glass with a relatively high level of lead would experience leaching of the heavy metals into the contents of the package or the environment.<1> Glass has, under accelerated migration testing conditions, been found to be a material of high chemical inertness. The study found that generally glass is an inert food contact material with limited potential for migration of elements of toxic significance in the compositions commonly used. While this study was carried out under the direction of the European glass production industry and has not been published or reviewed in the scientific literature, it has raised the question of whether significant heavy metals, including lead, are likely to leach from these products as assumed when the original TPPA was passed. Argument in support: According to the California Wine Institute, " The FDA has categorized glass as Generally Recognized as Safe (GRAS) for food and beverage packaging. Glass is essentially inert in that it does not deteriorate, corrode, stain or fade and is therefore one of the safest packaging materials. In addition, a peer-reviewed extensive study conducted last year by Stazione Sperimentale del Vetro (SSV) in Italy found that lead migration from glass was essentially non-detectable, even in extreme conditions?. The exemption proposed by AB 1435 is justified by the fact that the Lead contained therein does not propose a health risk. This is because of the intrinsic --------------------------- <1>European Container Glass Federation, "Food contact migration tests and evaluation of risks for human health from hand-made soda-lime glass containers artificially spiked with lead", June 2014. AB 1435 Page D properties of glass; primarily, that a regulated metal which contaminates a recycling cullet stream will be encapsulated within the glass and never pose a threat of leaching from the container." Argument in opposition: Californians Against Waste raised an objection to the proposed legislation, "We have reviewed the scientific research and can find no evidence of a public health or environmental threat posed by the levels of lead and other heavy metals normally and historically found in recycled glass used in the manufacture of glass food and drink containers. While there is no known public health threat from recycled glass containing the levels of lead typically and historically found in and derived from container glass, there may be a potential risk to public health and/or the environment from the inclusion of some sources of 'non-container glass' which do contain hazardous levels of heavy metals and other toxins, including: CRT glass; Fluorescent tube glass; Solar Panel glass." REGISTERED SUPPORT / OPPOSITION: Support Beer Institute California Labor Federation California Manufactures & Technology Association AB 1435 Page E California Wine Institute Glass Packaging Institute West Coast Protective League Opposition Californians Against Waste Analysis Prepared by:Bob Fredenburg / E.S. & T.M. / (916) 319-3965