BILL ANALYSIS Ó
AB 1447
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Date of Hearing: April 27, 2015
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Das Williams, Chair
AB 1447
(Alejo) - As Amended April 9, 2015
SUBJECT: Solid waste: food and beverage packaging
SUMMARY: Establishes minimum recycled content standards for
polyethylene terephthalate (PET) food and beverage packing and
expands the recycled content requirement for glass food and
beverage containers to containers manufactured out of state.
EXISTING LAW:
1)Pursuant to the California Beverage Container Recycling and
Litter Reduction Act (Bottle Bill):
a) Requires beverage containers sold in this state to have
a California refund value (CRV) of 5 cents for containers
that hold fewer than 24 ounces and 10 cents for containers
that hold 24 ounces or more and requires a distributor to
pay a redemption payment to CalRecycle. Continuously
appropriates these funds to CalRecycle for the payment of
refund values and processing fees.
b) Requires that each new glass container manufactured in
the state contain a minimum of 35% postfilled (recycled
food container cullet) glass. Requires every glass food,
drink, or beverage container manufacturer in the state to
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report the amount of tons of new glass and the tons of
postfilled glass used in the manufacturing of those
containers to CalRecycle every month.
2)Pursuant to the Integrated Waste Management Act (IWMA):
a) Requires that local governments divert at least 50% of
solid waste from landfill disposal and establishes a
statewide goal that 75% of solid waste be diverted from
landfill disposal by 2020.
b) Requires that 50% of newsprint paper sold in the state
contain a minimum of 40% postconsumer recycled content.
c) Requires that rigid plastic packaging containers sold in
the state contain a minimum of 25% postconsumer recycled
material and have a recycling rate of at least 45%.
d) Requires that manufacturers of plastic trash bags that
are at or above 0.70 mils thick to annually certify that
they comply with one of the following:
i) That the bags sold in California contain a minimum
of 10% recycled content; or,
ii) That all plastic products sold by the manufacturer
in California contain a minimum of 30% recycled content.
e) Requires that fiberglass sold in the state contain a
minimum of 30% postconsumer recycled content.
f) Requires that expanded polystyrene loosefill packaging
(i.e., packing peanuts) sold in the state contain a minimum
of 60% recycled content.
g) Prohibits a manufacturer or supplier from selling a
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plastic food or beverage container that is advertised with
a specific recycling content amount unless the manufacturer
or supplier is able to provide certification of that claim
in a format that is easy to understand and scientifically
accurate. Requires a manufacturer or supplier to provide
information and documentation verifying the recycling
content of a plastic food or beverage container within 90
days of a request for such information made by a member of
the public or a state agency.
THIS BILL:
1)Defines "PET plastic packaging" to mean food, drink, or
beverage packaging material that consists primarily of
polyethylene terephthalate and used to contain food or
beverages.
2)Requires that, on and after January, 1, 2017, every
manufacturer of PET plastic packaging for sale in the state to
report to CalRecycle the amount of tons of new PET plastic
packaging made for sale by that manufacturer and the total
amount of postfilled PET plastic used in the manufacturing of
that packaging.
3)On and after July 1, 2016, requires each manufacturer of PET
plastic packaging for sale in the state to include a minimum
of 10 percent of postfilled PET plastic in the plastic
packaging that it manufactures.
4)Expands the 35% recycled content requirement for glass food,
drink, and beverage containers manufactured in the state to
all glass containers sold in the state.
FISCAL EFFECT: Unknown
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COMMENTS:
1)This bill. This bill is intended to increase the use of
recycled content in California. According to the author:
Californians are proud of their recycling efforts, but it's
unlikely that most Californians are aware that while our
collection for recycling rates are high, much of the
materials collected for recycling are in fact exported
overseas for recycling. Less than half of the PET beverage
containers collected for recycling in California are now
being directed to California-based reclaimers and sold to
California-based manufacturers. The balance of collected
PET - over half - is exported out of state, generally
overseas.
It can be argued that California consumers can reasonably
expect that the beverage and food containers they buy are
made out of recycled content, given our high recycling
collection rates?
To increase the amount of plastic recycling in-state, meet
consumers' basic expectations for buying recycled, and
create parity with other container minimum recycling laws,
AB 1447 proposes to create a minimum recycled content
standard for all PET containers sold in the state at 10%.
In addition, the current glass recycled content standard only
applies to containers made in-state. To be uniform and
consistent? AB 1447 will require all glass containers
manufactured or filled in California to meet the existing 35%
recycled content minimum.
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2)Food and beverage packaging. Historically, glass, steel,
aluminum, and paper have been recycled for use in food
packaging. The risk of post-consumer contamination has not
been a major concern with glass and metals, because they are
generally impervious to contaminants and are adequately
cleaned at the temperatures used in their recycling. In
addition, pulp from reclaimed fiber in paper and paperboard
may be used for food-contact articles provided it meets
federal standards (Title 21 of the Code of Federal
Regulations, Section 176.260).
Manufacturers of plastic food packaging that contains recycled
plastic are responsible for ensuring that the recycled
material is of suitable purity for its intended use and will
meet all existing specifications for the virgin material. The
federal Food and Drug Association (FDA) states that the main
safety concerns with the use of recycled plastic materials in
food packaging are: 1) that contaminants from the postconsumer
material may appear in the final food-contact product made
from the recycled material; 2) that recycled postconsumer
material not regulated for food-contact use may be
incorporated into food-contact packaging; and, 3) that
adjuvants in the recycled plastic may not comply with the
regulations for food-contact use. To address these concerns,
FDA considers each proposed use of recycled plastic on a
case-by-case basis and issues informal advice as to whether
the recycling process is expected to produce plastic suitable
for food packaging. FDA then issues a "non-objection" letter
to the manufacturer for the packaging. Generally,
manufacturers use postfilled plastic, which refers to recycled
materials that contained food or beverages prior to recycling,
to meet FDA standards.
3)PET. PET is the most common plastic used in food and beverage
packaging, including bottled water and soda. According to
CalRecycle data, 43% of Bottle Bill containers are PET, making
it the most common beverage packaging material in California.
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Several plastic food and drink manufacturers located in
California have received non-objection letters from the FDA
and comply with the state's existing recycled content
requirements for rigid plastic packaging containers. Several
beverage manufacturers also include postfilled content in
their packaging. For example, Arrowhead and Nestle bottled
water both report a 50% recycled content rate; Pepsi reports
10% recycled content; and, Naked Juice reports that their
bottles are made from 100% recycled content.
California has seven reclaimers accepting plastic for washing
and producing recycled flake or pellets and 30 manufacturers
that use recycled plastic to manufacture new products. While
there has been significant growth in the use of recycled
plastic in California, the vast majority of recycled plastic
is sent overseas.
4)Glass. According to data reported to CalRecycle by glass food
and beverage containers, the statewide recycling rate for
glass containers was just over 48% in 2014. For beverage
containers that are included in the Bottle Bill, the rate was
49.7% in 2013. Glass food and beverage containers
manufactured in California are required to contain a minimum
of 35% postconsumer recycled content.
Five glass container manufacturing facilities are located in
California and employ approximately 2,600 people.
5)Related legislation. SB 732 (Pan) would have required every
manufacturer of a beverage sold in any plastic container to
demonstrate to CalRecycle that each type of a plastic beverage
container sold in this state contains, on average, not less
than 10% postfilled material on and after January 1, 2017 and
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prohibited CalRecycle from reducing the Bottle Bill processing
fee requirements for any beverage manufacturer for any
beverage sold in the state unless the manufacturer
demonstrates to CalRecycle that the container is manufactured
at a facility that meets or exceeds the state's recycled
content requirements, regardless of whether the container is
manufactured in this state. This bill failed passage in the
Senate Environmental Quality Committee on a vote of 1-0 (six
members did not vote) on April 15th.
6)Proposed amendments. The author has proposed amendments to
the bill, which the committee may wish to adopt if the bill
passes. These amendments would:
a) Delete the section of the bill related to recycled
content requirements for glass containers.
b) Move the requirements related to PET packaging out of
the Bottle Bill and into a new chapter in the IWMA.
c) Clarify that the provisions apply to PET packaging that
is manufactured in the state or imported to be filled with
food or beverages in the state.
d) Establish certification reporting, and enforcement
provisions to enable CalRecycle to enforce the bill's
requirements.
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REGISTERED SUPPORT / OPPOSITION:
Support
CA Plastics Recyclers Coalition
Californians Against Waste
California Refuse Recycling Council
Don't Waste LA Project
EcoPet Plastics
Los Angeles Alliance for a New Economy
Napa Recycling and Waste Services
Peninsula Packaging, LLC
Peninsula Plastics Packaging
RePET
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rePlanet
StopWaste
Strategic Materials, Inc.
Tri-Ced Community Recycling
Verdeco Recycling, Inc.
Waste Management
Zanker Recycling
Opposition
American Chemistry Council
Glass Packaging Institute
Analysis Prepared by:Elizabeth MacMillan / NAT. RES. / (916)
319-2092
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