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repealed.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.