BILL ANALYSIS
AB 925
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator S. Joseph Simitian, Chairman
2009-2010 Regular Session
BILL NO: AB 925
AUTHOR: Saldana
AMENDED: June 30, 2009
FISCAL: No HEARING DATE: July 6, 2009
URGENCY: No CONSULTANT: Caroll
Mortensen
SUBJECT : PLACTIC BEVERAGE CONTAINER CAPS
SUMMARY :
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%. (Public Resources Code 42300).
2)Prohibits the sale of containers connected by a plastic ring
or similar plastic device that is not degradable when
disposed of as litter. (42350).
3)Pursuant to the California Beverage Container Recycling and
Litter Reduction Act 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. (14504).
4)Under the California Beverage Container Recycling and Litter
Reduction Act of 1986 provides funding and education
programs to reduce beverage container litter. (14500).
5)Under the Porter Cologne Water Quality Control Act regulates
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discharges of pollutants in storm water and urban runoff by
regulating, through the National Pollution Discharge
Elimination System (NPDES), industrial discharges and
discharges through the municipal storm drain systems.
(Water Code 13000).
6)Under the federal Clean Water Act requires the state to
identify a list of impaired water-bodies and develop and
implement Total Maximum Daily Loads (TMDLs) for impaired
water bodies [33 U.S.C. Section 1313(d)(1)].
7)Under the Marine Plastic Pollution Research and Control Act
of 1987 prohibits the at-sea disposal of plastic and other
solid materials for all navigable waters within the United
States. The law also requires the US Environmental
Protection Agency (USEPA), the National Oceanic and
Atmospheric Administration, and the US Coast Guard to
jointly conduct a public education program on the marine
environment. (Public Law 100-220, Title II).
8)Requires the USEPA to develop a National Marine Debris
Monitoring Program designed to assess the effectiveness of
the current national marine debris legislation. Monitoring
under this program takes place at designated beaches every
28 days.
This bill :
1) Makes findings and declarations regarding plastic marine
debris.
2) Defines "beverage" to mean the same as "beverage" in the
California Beverage Container Recycling and Litter
Reduction Act.
3) Defines "single use beverage container" to mean containers
less than one liter including bottles, cans, and jars, as
defined.
4) Prohibits, after January 1, 2012, the sale of a single use
beverage container unless the cap is tethered to the
container or contains an opening from which the beverage
can be consumed while the cap remains in place, as
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described.
COMMENTS :
1) Purpose of Bill . According to the author, like the
pop-tops of aluminum cans of the 1970's, this law would
make plastic beverage bottle caps become part of
California's successful bottle recycling by requiring caps
be attached to the bottle. Bottle cap litter that leaves
via storm drains is a large component of plastic debris
that decimates up to 44% of large seabird species, and
costs local governments money to clean up from storm drains
and beaches. Moreover, lost caps are a resource not making
their way into CA's recycling stream.
2) 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. 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.
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 fromTthe 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
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"redesign beverage containers to eliminate pieces that can
become segregated from the beverage container, including
lids, caps, straws, and cup holders."
3)Support and Opposition Concerns . Supporters of the measure
state that this bill will go far to address litter issues,
especially in the marine environment. Further, that bill is
consistent with a recommendation of the Ocean Protection
Council regarding redesigning beverage containers to prevent
litter.
Opponents to the bill state that it fails to address the
issue of consumer behavior regarding litter and that bottle
caps are just one type of litter and that the measure will
not solve the overall problem. They also cite cost and
technological challenges with design of caps and bottles to
meet the requirements of the bill while still maintaining
quality and performance of their products.
SOURCE : Faith2Green
SUPPORT : Californians Against Waste
Heal the Bay
Santa Clara County Board of Supervisors
OPPOSITION : Abbott Laboratories
American Chemistry Council
California Bottled Water Association
California Grocers Association
California League of Food Processors
California Nevada Soft Drink Association
California Retailers Association
Chemical Industry Council of California
Dairy Institute of California
Grocery Manufacturers Association
National Association for PET Container
Resources
Plastic Recycling Corporation of California