BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 925
                                                                  Page 1


          ASSEMBLY THIRD READING
          AB 925 (Saldana)
          As Introduced  February 26, 2009
          Majority vote 

           NATURAL RESOURCES   6-3                                         
           
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          |Ayes:|Skinner, Brownley,        |     |                          |
          |     |Chesbro,                  |     |                          |
          |     |De Leon, Hill, Huffman    |     |                          |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Gilmore, Knight, Logue    |     |                          |
          |     |                          |     |                          |
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          SUMMARY  :  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.  

           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  








                                                                  AB 925
                                                                  Page 2


               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.

           FISCAL EFFECT  :  None

           COMMENTS  :  Plastic bottle caps are a significant contributor to  
          litter and marine debris. According to the United States  
          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 in the Pacific Gyre found the  
          mass of plastics was six times the mass of plankton in drifts  
          where marine animals congregate for feeding.  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."  








                                                                  AB 925
                                                                  Page 3



          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. 


           Analysis Prepared by  :  Elizabeth MacMillan / NAT. RES. / (916)  
          319-2092 


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