BILL ANALYSIS
AB 925
Page 1
Date of Hearing: April 20, 2009
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Nancy Skinner, Chair
AB 925 (Saldana) - As Introduced: February 26, 2009
SUBJECT : Recycling: single-use plastic beverage container caps
SUMMARY : Beginning January 1, 2012, requires that beverage
containers offered for sale have a cap that is attached to the
container and made from recyclable material.
EXISTING LAW :
1)Pursuant to the Integrated Waste Management Act of 1989,
requires every rigid plastic packaging container to be made
from 25% recycled content or have a recycling rate of at least
45%.
2)Pursuant to the California Beverage Container Recycling and
Litter Reduction Act:
a) Requires every beverage container, as defined, sold or
offered for sale in this state to have a minimum refund
value;
b) Requires a distributor to pay a redemption payment for
every beverage container sold or offered for sale in the
state to the Department of Conservation; and,
c) Defines "beverage" to include, among other things, beer
and other malt beverages, wine and distilled spirit
coolers, carbonated mineral and soda waters, noncarbonated
fruit drinks, and vegetable juices, in liquid form that are
intended for human consumption. Excludes from the
definition of "beverage" vegetable drinks in beverage
containers of more than 16 ounces, milk, medical food, and
any product sold in a container that is not an aluminum
beverage container, a glass container, a plastic beverage
container, or a bimetal container.
THIS BILL :
1)States legislative findings and declarations relating to the
significance of plastic bottle caps in litter and marine
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debris.
2)Defines the terms used in the bill, including:
a) "Beverage" as a liquid, in a ready-to-drink form, that
is intended for human consumption.
b) "Beverage container" as an individual, separate bottle,
can, jar, carton, or other receptacle, however denominated,
in which a beverage is sold, and that is constructed of
plastic, but does not include a cup or other open or
loosely sealed receptacle.
c) "Recyclable" as a material that still has useful
physical or chemical properties after serving its original
purpose and can, therefore, be reused or remanufactured
into additional products.
3)Beginning January 1, 2012, prohibits a retailer from selling a
single-use beverage container with a cap unless the cap is
affixed to, or part of, the container, and the cap is made
from recyclable material.
FISCAL EFFECT : This bill is non-fiscal.
COMMENTS :
1)Background
Plastic bottle caps are a significant contributor to litter and
marine debris. According to the U.S. Environmental Protection
Agency, marine debris has become a serious problem along
shorelines, coastal waters, estuaries, and oceans throughout the
world. It is estimated that 60-80% of all marine debris, and
90% of floating debris, is plastic. Marine debris can be life
threatening to marine organisms and can wreak havoc on coastal
communities and the fishing industry. Recent studies by the
Algalita Marine Research Foundation and the Southern California
Coastal Water Research Project have found that the average mass
of plastics in the seawater off the coast of Long Beach is two
and a half times greater than the average mass of plankton.
After storms with excessive runoff, the mass of plastics is even
greater. A similar study over seawater 1,000 miles west of San
Francisco found the mass of plastics was six times the mass of
plankton in drifts where marine animals congregate for feeding.
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Large seabirds such as Laysan and Black-footed albatrosses and
Northern Fulmars frequently consume larger pieces of marine
debris, including bottle caps. Adults have also been known to
feed these items to their young.
According to the Ocean Protection Council, small plastic items,
such as bottle caps, are some of the most abundant items
polluting California beaches. In 2005, 61,117 bottle caps were
collected during California's Coastal Cleanup Day. The
California Coastal Commission report, Eliminating Land-based
Discharges of Marine Debris in California: A Plan of Action
from The Plastic Debris Project, identifies bottle caps and lids
as the third most common type of debris in 2004. The report
recommends actions to address marine debris from land-based
discharges. Action 61 includes a recommendation to "redesign
beverage containers to eliminate pieces that can become
segregated from the beverage container, including lids, caps,
straws, and cup holders."
2)This bill
According to the author, this bill requires that no single-use
beverage container be sold or offered for sale unless the cap is
attached to the container to reduce the number of bottle caps
that are littered and end up as marine debris. This bill also
requires that the cap be made from recyclable material so that
both the cap and container can be recycled.
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REGISTERED SUPPORT / OPPOSITION :
Support
As You Sow Foundation
California Coastkeeper
California League of Conservation Voters
Clean Water Action / Clean Water Fund
Faith2Green
Green Sangha
Heal the Bay
JUNK
Ocean Advocate
Natural Resources Defense Council
San Diego Coastkeeper
Santa Monica Baykeeper
Save the Bay
Seventh Generation Advisors
Sierra Club California
Surfrider
Urban Semillas
Opposition
California Grocers Association
California Nevada Soft Drink Association
California Retailers Association
Grocery Manufacturers Association
Analysis Prepared by : Elizabeth MacMillan / NAT. RES. / (916)
319-2092