BILL NUMBER: AB 3263 CHAPTERED BILL TEXT CHAPTER 990 FILED WITH SECRETARY OF STATE SEPTEMBER 27, 1996 APPROVED BY GOVERNOR SEPTEMBER 27, 1996 PASSED THE ASSEMBLY AUGUST 27, 1996 PASSED THE SENATE AUGUST 15, 1996 AMENDED IN SENATE JULY 3, 1996 AMENDED IN ASSEMBLY APRIL 8, 1996 INTRODUCED BY Assembly Member Ackerman FEBRUARY 23, 1996 An act to repeal Section 113225 of the Health and Safety Code, and to add Chapter 5.6 (commencing with Section 42350) to Part 3 of Division 30 of the Public Resources Code, relating to plastic waste. LEGISLATIVE COUNSEL'S DIGEST AB 3263, Ackerman. Plastic waste: containers: plastic ring devices. (1) Existing law prohibits the sale of beverages in beverage containers that are connected to each other with plastic rings or similar plastic devices that are not classified as degradable, as defined, subject to degradable plastic connectors being commercially available, as specified. A violation by a wholesaler or distributor is an infraction, as specified. This bill would revise that prohibition to instead prohibit the sale of containers that are connected to each other with plastic rings or similar plastic devices that are not degradable, as defined, when disposed of as litter, except as specified, and would make those provisions a part of the California Integrated Waste Management Act of 1989. Since a violation of that prohibition would be an infraction, the bill would impose a state-mandated local program. (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 113225 of the Health and Safety Code is repealed. SEC. 2. Chapter 5.6 (commencing with Section 42350) is added to Part 3 of Division 30 of the Public Resources Code, to read: CHAPTER 5.6. PLASTIC RING DEVICES 42350. (a) For the purposes of this section, "degradable" means all of the following: (1) Biodegradation, photodegradation, chemodegradation, or degradation by other natural degrading processes, as defined by the American Society of Testing Materials. (2) Degradation at a rate that meets the requirements of Part 238 (commencing with Section 238.10) of Subchapter H of Chapter I of Title 40 of the Code of Federal Regulations. (3) Degradation that, as attested by the manufacturer of the device, will not produce or result in a residue or byproduct that, during or after the process of degrading, would be a hazardous or extremely hazardous waste identified pursuant to Chapter 6.5 (commencing with Section 25100) of Division 20 of the Health and Safety Code. (b) Except as provided in subdivision (c), no container shall be sold or offered for sale at retail in this state that is connected to any other container by means of a plastic ring or similar plastic device that is not degradable when disposed of as litter. (c) This section does not apply to devices that do not contain an enclosed hole or circle of more than one and one-half inches in diameter or that do not contain a hole. (d) Any person who sells at wholesale or distributes to a retailer for sale at retail in this state containers that are connected to each other in violation of subdivision (b) is guilty of an infraction and shall be punished by a fine not exceeding one thousand dollars ($1,000). (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. Notwithstanding Section 17580 of the Government Code, unless otherwise specified, the provisions of this act shall become operative on the same date that the act takes effect pursuant to the California Constitution.