BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 925|
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THIRD READING
Bill No: AB 925
Author: Saldana (D)
Amended: 6/30/09 in Senate
Vote: 21
SENATE ENV. QUALITY COMMITTEE : 4-2, 7/6/09
AYES: Corbett, Hancock, Lowenthal, Pavley
NOES: Runner, Ashburn
NO VOTE RECORDED: Simitian
ASSEMBLY FLOOR : 42-34, 5/4/09 - See last page for vote
SUBJECT : Recycling: single-use plastic beverage
container caps
SOURCE : Faith2Green
DIGEST : This bill, beginning January 1, 2012, prohibits
a retailer from selling a single-use beverage container
with a cap unless the cap is affixed to the container.
ANALYSIS :
Existing law:
1. Pursuant to the Integrated Waste Management Act of 1989,
requires every rigid plastic packaging container to be
made from 25 percent recycled content or have a
recycling rate of at least 45 percent. (Public
Resources Code Section 42300).
CONTINUED
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2. Prohibits the sale of containers connected by a plastic
ring or similar plastic device that is not degradable
when disposed of as litter. (Section 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. (Section 14504).
4. Under the California Beverage Container Recycling and
Litter Reduction Act of 1986 provides funding and
education programs to reduce beverage container litter.
(Section 14500).
5. Under the Porter Cologne Water Quality Control Act
regulates 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 Section
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).
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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
described.
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
percent of all marine debris, and 90 percent 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.
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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."
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 8/17/09)
Algalita Marine Research Foundation
As You Sow Foundation
Bring Your Own
California Coastkeeper Alliance
California Resource Recovery Association
Clean Water Action
Earth Resource Foundation
Environment California
Faith2Green
Food & Water Watch
GrassRoots Recycling Network
Heal the Bay
Northern CA Recycling Association
Orange County Coast Keeper
P lanning and C onservation L eague
San Diego Coastkeeper
Santa Clara County Board of Supervisors
Santa Monica Baykeeper
Seventh Generation Advisors
Sierra Club California
Urban Semillas
Waste Management
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OPPOSITION : (Verified 8/17/09)
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
ARGUMENTS IN SUPPORT : Supporters of this bill state that
this bill will go far to address litter issues, especially
in the marine environment. Further, this bill is
consistent with a recommendation of the Ocean Protection
Council regarding redesigning beverage containers to
prevent litter.
ARGUMENTS IN OPPOSITION : Opponents to this 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.
ASSEMBLY FLOOR :
AYES: Ammiano, Beall, Block, Blumenfield, Brownley,
Buchanan, Charles Calderon, Carter, Chesbro, Coto, Davis,
De La Torre, De Leon, Eng, Evans, Feuer, Fong, Fuentes,
Hall, Hernandez, Hill, Huffman, Jones, Krekorian, Lieu,
Bonnie Lowenthal, Ma, Monning, Nava, John A. Perez,
Portantino, Price, Ruskin, Salas, Saldana, Skinner,
Swanson, Torlakson, Torres, Torrico, Yamada, Bass
NOES: Adams, Anderson, Arambula, Bill Berryhill, Tom
Berryhill, Blakeslee, Conway, Cook, DeVore, Duvall,
Emmerson, Fletcher, Fuller, Gaines, Galgiani, Garrick,
Gilmore, Hagman, Harkey, Hayashi, Huber, Jeffries,
Knight, Logue, Miller, Nestande, Niello, Nielsen, Silva,
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Smyth, Solorio, Audra Strickland, Tran, Villines
NO VOTE RECORDED: Caballero, Furutani, Mendoza, V. Manuel
Perez
TSM:do 8/18/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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