BILL NUMBER: SB 1155	CHAPTERED
	BILL TEXT

	CHAPTER   754
	FILED WITH SECRETARY OF STATE   SEPTEMBER 23, 1996
	APPROVED BY GOVERNOR   SEPTEMBER 21, 1996
	PASSED THE SENATE   AUGUST 31, 1996
	PASSED THE ASSEMBLY   AUGUST 29, 1996
	AMENDED IN ASSEMBLY   JUNE 24, 1996
	AMENDED IN ASSEMBLY   FEBRUARY 28, 1996
	AMENDED IN SENATE   APRIL 27, 1995

INTRODUCED BY  Senators Maddy and Costa

                        FEBRUARY 24, 1995

   An act to amend Section 42340 of, and to add Section 42310.3 to,
the Public Resources Code, relating to solid waste.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1155, Maddy.  Solid waste:  rigid plastic packaging containers:
  cosmetics and food.
   Existing law, the California Integrated Waste Management Act of
1989, administered by the California Integrated Waste Management
Board, requires every rigid plastic packaging container, as defined,
which is sold or offered for sale in the state to meet specified
criteria, commencing January 1, 1995, except as specified.
   Rigid plastic packaging containers that are manufactured for use
with cosmetics or food, as defined in specified federal law, are
exempt, until January 1, 1997, from meeting those criteria, subject
to compliance with specified requirements.
   This bill would include cosmetics and food within other provisions
that exempt specified rigid plastic packaging containers from
meeting those criteria.  The bill would specify that, if recycled,
the containers would continue to be required to be included in
calculating recycling rates.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 42310.3 is added to the Public Resources Code,
to read:
   42310.3.  Rigid plastic packaging containers which are exempt from
this chapter under subdivision (b) of Section 42340 that are
recycled shall be included in calculating the recycling rate pursuant
to subdivision (b), (c), or (d) of Section 42310.
  SEC. 2.  Section 42340 of the Public Resources Code is amended to
read:
   42340.  The following rigid plastic packaging containers are
exempt from this chapter:
   (a) Rigid plastic packaging containers produced in or out of the
state which are destined for shipment to other destinations outside
the state and which remain with the products upon that shipment.
   (b) Rigid plastic packaging containers which contain drugs,
medical devices, cosmetics, food, medical food, or infant formula as
defined by the Federal Food, Drug and Cosmetic Act (21 U.S.C. Sec.
301 et seq.).
   (c) Rigid plastic packaging containers which contain toxic or
hazardous products regulated by the Federal Insecticide, Fungicide,
and Rodenticide Act (7 U.S.C. Sec. 136 et seq.).
   (d) Rigid plastic packaging containers which are manufactured for
use in the shipment of hazardous materials and are prohibited from
being manufactured with used material by federal packaging material
specifications set forth in Sections 178.509 and 178.522 of Title 49
of the Code of Federal Regulations, or are subject to testing
standards set forth in Sections 178.600 to 178.609, inclusive, of
Title 49 of the Code of Federal Regulations, or to which
recommendations of the United Nations on the transport of dangerous
goods are applicable.