BILL ANALYSIS �
AB 2670
Page 1
Date of Hearing: April 16, 2012
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Wesley Chesbro, Chair
AB 2670 (Natural Resources Committee) - As Amended: April 10,
2012
SUBJECT : Solid waste plans: recycling
SUMMARY : Makes technical and clarifying changes to provisions
of the Integrated Waste Management Act of 1989 (Act).
EXISTING LAW :
1)Pursuant to the Act, as amended by Chapter 476, Statutes of
2011 (AB 341, Chesbro):
a) Establishes a state policy goal that 75% of solid waste
generated be diverted from landfill disposal by 2020.
b) Requires a commercial waste generator (including
multi-family dwellings) to arrange for recycling services
and requires local governments to implement commercial
solid waste recycling programs designed to divert solid
waste from businesses.
c) Specifies that certain "modifications" to existing solid
waste facilities permits can be made without a public
hearing.
2)Pursuant to Rigid Plastic Packaging Container (RPPC) law:
a) Establishes definitions relating to RPPC law, including:
i) "Rigid plastic packaging container" means any
plastic package having a relatively inflexible, finite
shape or form, with a minimum capacity of eight fluid
ounces and a maximum capacity of five fluid gallons (or
equivalent volume) that is capable of holding its shape
while holding other products, including, but not limited
to, bottles, cartons, and other receptacles, for sale or
distribution in the state;
ii) "Container manufacturer" means a company or
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successor company that sells any RPPC subject to the law
to a manufacturer that sells or offers for sale in this
state any product packaged in the container;
iii) "Refillable package" means an RPPC that "the board"
determines is routinely returned to and refilled by the
product manufacturer at least five times with the
original product contained by the package;
iv) "Postconsumer material" means a material that would
otherwise be destined for solid waste disposal, having
completed its intended end use and product lifecycle.
Postconsumer material excludes materials and byproducts
generated from, and commonly reuses within, an original
manufacturing and fabrication process;
v) "Source reduced container" means either of the
following:
(1) An RPPC for which the manufacturer seeks
compliance as of January 1, 1995, whose package weight
per unit of use of product has been reduced by 10
percent when compared with the packaging used for that
product between 1990 and 1994;
(2) An RPPC for which the manufacturer seeks
compliance after January 1, 1995, whose package weight
per unit or use of product has been by 10 percent when
compared with the packaging used by the manufacturer
on January 1, 1995; The packaging used for that
product over the course of the first full year of
commerce in the state; or, the packaging used in
commerce that same year for similar products whose
containers have not been considered source reduced.
(3) Specifies limits on what is considered a
source reduced container.
b) Requires that every RPPC sold or offered for sale in the
state, with exceptions for food and cosmetic containers;
shall be either made from 25% postconsumer material; have a
recycling rate of 45%; be a reusable package; or, be a
source reduced container.
c) Provides civil penalties for violations, creates a
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waiver procedure, and provides exemptions for certain
RPPCs.
THIS BILL :
1)Updates definitions within the RPPC law.
2)Defines "commercial solid waste" as all types of waste
generated by a store, office, or other commercial or public
entity source, including a business or a multifamily dwelling.
3)Corrects a drafting error in Public Resources Code (PRC)
42649.3.
4)Corrects an incorrect reference to PRC 42649.1 (b).
5)Adds a reference to clarify that local enforcement agencies
(LEAs) are not required to hold a public hearing for permit
modifications (clean-up change).
FISCAL EFFECT : Unknown.
COMMENTS : AB 2670 includes various clean-up and technical
changes to the Act. Specifically, it defines "commercial solid
waste," which was previously defined by referencing Section
17225.12 of Title 14 of the California Code of Regulations.
That definition inadvertently excluded waste generated by
residences and industrial facilities.
This bill corrects drafting errors in AB 341. In PRC section
42649.3, AB 341 referenced section "42692;" this bill clarifies
that the correct section is 42649.2. PRC 42649.3 also referred
to a commercial waste generator," as defined in section 42649.1
(b); however, the definition is actually in 42649.1 (c). This
bill also adds a reference to clarify that LEAs may approve
permit modifications, as defined, without holding a public
hearing.
The definitions in RPPC law were established in 1991 and have
not been updated since 2005, even though the regulatory
definitions have been updated to reflect current packaging types
and recycling technologies. This bill updates and revises these
definitions.
AB 2670
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REGISTERED SUPPORT / OPPOSITION :
Support
None on file
Opposition
None on file
Analysis Prepared by : Elizabeth MacMillan / NAT. RES. / (916)
319-2092