BILL NUMBER: AB 1851 CHAPTERED
BILL TEXT
CHAPTER 821
FILED WITH SECRETARY OF STATE OCTOBER 13, 1995
APPROVED BY GOVERNOR OCTOBER 12, 1995
PASSED THE ASSEMBLY SEPTEMBER 15, 1995
PASSED THE SENATE SEPTEMBER 14, 1995
AMENDED IN SENATE SEPTEMBER 7, 1995
INTRODUCED BY Assembly Member Sher
FEBRUARY 24, 1995
An act to amend Section 42291 of, and to add, repeal, and add
Section 42298 of, the Public Resources Code, relating to solid waste.
LEGISLATIVE COUNSEL'S DIGEST
AB 1851, Sher. Solid waste: trash bags.
Existing law, the California Integrated Waste Management Act of
1989, requires on and after January 1, 1995, that every manufacturer
that manufactures plastic trash bags of 0.75 mil or greater thickness
for sale in this state to ensure that at least 30% of the material
used in those plastic trash bags is recycled plastic postconsumer
material.
This bill would instead require, on and after January 1, 1996,
every manufacturer that manufacturers those plastic trash bags to
ensure that at least 20%, and on and after January 1, 1997, at least
30% of the material used in those plastic trash bags is recycled
plastic postconsumer material. The bill would exempt from that
requirement, until January 1, 1997, plastic trash bags that use
adhesive, heat-affixed straps attached to the bag during the
manufacturing process if the manufacturer of the plastic trash bags
manufactured bags of that type prior to January 1, 1995. The bill
would prescribe the procedure by which any manufacturer of plastic
trash bags that receives that exemption may thereafter petition the
California Integrated Waste Management Board for a variance from
those recycled content requirements that would become effective on
and after January 1, 1997.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 42291 of the Public Resources Code is amended
to read:
42291. (a) Every manufacturer that manufactures plastic trash
bags of 1.0 mil or greater thickness for sale in this state shall
ensure that at least 10 percent of the material used in those plastic
trash bags is recycled plastic postconsumer material.
(b) (1) On and after January 1, 1996, every manufacturer that
manufactures plastic trash bags of 0.75 mil or greater thickness for
sale in this state shall ensure that at least 20 percent of the
material used in those plastic trash bags is recycled plastic
postconsumer material.
(2) On and after January 1, 1997, every manufacturer that
manufactures plastic trash bags of 0.75 mil or greater thickness for
sale in this state shall ensure that at least 30 percent of the
material used in those plastic trash bags is recycled plastic
postconsumer material.
(3) If any manufacturer is unable to obtain sufficient amounts of
recycled plastic postconsumer material to comply with this
subdivision within a reporting period because of unavailability or
because the available material did not meet recycled plastic
postconsumer material quality standards adopted by the board, the
manufacturer shall certify that fact to the board.
SEC. 2. Section 42298 is added to the Public Resources Code, to
read:
42298. (a) This chapter does not apply to plastic trash bags that
use adhesive, heat-affixed straps attached to the bag during the
manufacturing process if the manufacturer of the plastic trash bags
manufactured bags of that type prior to January 1, 1995.
(b) Any manufacturer of plastic trash bags that are exempt from
this chapter until January 1, 1997, may petition for a variance
pursuant to successor Section 42298 prior to January 1, 1997, by a
date specified by the board, which would become operative January 1,
1997.
(c) This section shall remain in effect only until January 1,
1997, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 1997, deletes or extends
that date.
SEC. 3. Section 42298 is added to the Public Resources Code, to
read:
42298. (a) Any manufacturer of plastic trash bags that received
an exemption pursuant to former Section 42298, as that section read
immediately prior to January 1, 1997, may petition the board for a
variance from the requirements of this chapter for the manufacture of
those bags.
(b) Upon receipt of a petition pursuant to subdivision (a), the
board shall do all of the following:
(1) Issue a public notice of the board's intent to hold a public
hearing for purposes of considering the petition for a variance.
(2) Hold a public hearing to allow the petitioner, and any other
interested parties, to comment on the petition for a variance. At
the hearing, the board shall review, and enter into the record, any
evidence presented that relates to the variance, including, but not
limited to, any evidence that shows that the petitioner does or does
not meet the requirements of this chapter due to technological
considerations.
(3) If, after holding the public hearing, the board determines,
based upon substantial evidence in the record, that the variance
should be granted, the board shall grant the variance. The board may
impose conditions on the variance that require the petitioner to
comply with some or all of the requirements of this chapter, based
upon the board's determination of the ability of a petitioner to
comply.
(4) The board shall review any variance granted pursuant to this
section at least once every two years to determine whether the
variance should be maintained, modified, or revoked.
(5) The board may charge only those fees that are necessary and
reasonable to cover its costs in processing a petition for variance
pursuant to this section.
(c) This section shall become operative on January 1, 1997.