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


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          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.








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                                                                     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













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                                                                     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