AB 1001 - An Act to Amend Sections 25214.14 and 25214.15 of the Health and Safety Code, Relating to Hazardous Materials, and Declaring the Urgency Thereof, to Take Effect Immediately.

Hazardous materials: packaging: exemptions. 2013-2014 Legislature. View bill details
Author(s):
Summary:
Existing law, the Toxics in Packaging Prevention Act, prohibits a manufacturer, importer, agent, or supplier, as defined, from offering for sale or for promotional purposes in this state a package or packaging component that includes specified regulated metals and prohibits a person from offering for sale or for promotional purposes in the state a product in a package that includes those… More
Existing law, the Toxics in Packaging Prevention Act, prohibits a manufacturer, importer, agent, or supplier, as defined, from offering for sale or for promotional purposes in this state a package or packaging component that includes specified regulated metals and prohibits a person from offering for sale or for promotional purposes in the state a product in a package that includes those intentionally introduced regulated metals. A violation of the hazardous waste control laws, including the act, is a crime.

The act exempts from its requirements a package or a packaging component that meets any of specified conditions only if the manufacturer or supplier prepares, retains, and biennially updates documentation containing specified information for that package or packaging component and exempts, until January 1, 2010, a package or packaging component that contains no intentionally introduced regulated metals, but exceeds the applicable maximum concentration level set forth in the act only because of the addition of a recycled material. The act requires, upon a written request from the Department of Toxic Substances Control, the manufacturer or supplier, on or before 30 calendar days after the date of receipt of the request, to submit the required documentation to the department or to submit a letter to the department indicating the date by which the documentation shall be submitted, as specified.

This bill would extend this exemption to January 1, 2017, would require, no later than July 1, 2014, a manufacturer or supplier of packaging exercising the exemption under this provision to coordinate with the department to develop a specified study or studies measuring the content and leaching of regulated metals from the packaging seeking the exemption, and would require the manufacturer or supplier, no later than July 1, 2015, to provide to the department a specified report documenting the results of the study or studies. The bill would require the manufacturer or supplier to reimburse the department for its actual costs associated with coordinating the development of the study or studies and in reviewing and evaluating the report.

The bill would expand the documentation required to be updated by the manufacturer or supplier claiming the exemption and would require the manufacturer or supplier to submit the documentation for all exemptions under the act at least twice a year, on or before July 1 and January 1 of each year in which the exemption is being utilized. By creating new crimes under the act, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.This bill would declare that it is to take effect immediately as an urgency statute. Hide
 
Status:
The bill was voted on by a Senate committee on July 3, 2013. 
Assembly Vote: On Passage

PASSED on May 30, 2013.

voted YES: 77 voted NO: 0
2 voted present/not voting

Other Votes:

An Act to Amend Sections 25214.14 and 25214.15 of the Health and Safety Code, Relating to Hazardous Materials, and Declaring the Urgency Thereof, to Take Effect Immediately.

AB 1001 — 2013-2014 Legislature

Summary
Existing law, the Toxics in Packaging Prevention Act, prohibits a manufacturer, importer, agent, or supplier, as defined, from offering for sale or for promotional purposes in this state a package or packaging component that includes specified regulated metals and prohibits a person from offering for sale or for promotional purposes in the state a product in a package that includes those intentionally introduced regulated metals. A violation of the hazardous waste control laws, including the act, is a crime.

The act exempts from its requirements a package or a packaging component that meets any of specified conditions only if the manufacturer or supplier prepares, retains, and biennially updates documentation containing specified information for that package or packaging component and exempts, until January 1, 2010, a package or packaging component that contains no intentionally introduced regulated metals, but exceeds the applicable maximum concentration level set forth in the act only because of the addition of a recycled material. The act requires, upon a written request from the Department of Toxic Substances Control, the manufacturer or supplier, on or before… More
Existing law, the Toxics in Packaging Prevention Act, prohibits a manufacturer, importer, agent, or supplier, as defined, from offering for sale or for promotional purposes in this state a package or packaging component that includes specified regulated metals and prohibits a person from offering for sale or for promotional purposes in the state a product in a package that includes those intentionally introduced regulated metals. A violation of the hazardous waste control laws, including the act, is a crime.

The act exempts from its requirements a package or a packaging component that meets any of specified conditions only if the manufacturer or supplier prepares, retains, and biennially updates documentation containing specified information for that package or packaging component and exempts, until January 1, 2010, a package or packaging component that contains no intentionally introduced regulated metals, but exceeds the applicable maximum concentration level set forth in the act only because of the addition of a recycled material. The act requires, upon a written request from the Department of Toxic Substances Control, the manufacturer or supplier, on or before 30 calendar days after the date of receipt of the request, to submit the required documentation to the department or to submit a letter to the department indicating the date by which the documentation shall be submitted, as specified.

This bill would extend this exemption to January 1, 2017, would require, no later than July 1, 2014, a manufacturer or supplier of packaging exercising the exemption under this provision to coordinate with the department to develop a specified study or studies measuring the content and leaching of regulated metals from the packaging seeking the exemption, and would require the manufacturer or supplier, no later than July 1, 2015, to provide to the department a specified report documenting the results of the study or studies. The bill would require the manufacturer or supplier to reimburse the department for its actual costs associated with coordinating the development of the study or studies and in reviewing and evaluating the report.

The bill would expand the documentation required to be updated by the manufacturer or supplier claiming the exemption and would require the manufacturer or supplier to submit the documentation for all exemptions under the act at least twice a year, on or before July 1 and January 1 of each year in which the exemption is being utilized. By creating new crimes under the act, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.This bill would declare that it is to take effect immediately as an urgency statute. Hide
Learn More
At LegInfo.ca.gov
Title
An Act to Amend Sections 25214.14 and 25214.15 of the Health and Safety Code, Relating to Hazardous Materials, and Declaring the Urgency Thereof, to Take Effect Immediately.
Author(s)
Rich Gordon
Co-Authors
    Subjects
    • Hazardous materials: packaging: exemptions
    Major Actions
    Introduced2/22/2013
    Referred to Committee
    Passed Assembly Committee on Natural Resources4/29/2013
    Passed Assembly Committee on Appropriations5/24/2013
    Passed Assembly5/30/2013
    Passed Senate Committee on Environmental Quality7/03/2013
    Bill History
    Chamber/CommitteeMotionDateResult
    select this voteAssembly Committee on Natural ResourcesDo pass as amended and be re-referred to the Committee on Appropriations.4/29/2013This motion PASSED the Assembly Committee on Natural Resources
    6 voted YES 3 voted NO 0 voted present/not voting
    select this voteAssembly Committee on AppropriationsDo pass as amended.5/24/2013This motion PASSED the Assembly Committee on Appropriations
    12 voted YES 0 voted NO 5 voted present/not voting
    currently selectedAssemblyAB 1001 GORDON Assembly Third Reading5/30/2013This bill PASSED the Assembly
    77 voted YES 0 voted NO 2 voted present/not voting
    select this voteSenate Committee on Environmental QualityDo pass as amended, and re-refer to the Committee on Appropriations.7/03/2013This motion PASSED the Senate Committee on Environmental Quality
    8 voted YES 1 voted NO 0 voted present/not voting
    ActionDateDescription
    Introduced2/22/2013
    2/22/2013Introduced. To print.
    2/24/2013From printer. May be heard in committee March 26.
    2/25/2013Read first time.
    3/07/2013Referred to Com. on NAT. RES.
    3/21/2013In committee: Hearing postponed by committee.
    4/03/2013From committee chair, with author's amendments: Amend, and re-refer to Com. on NAT. RES. Read second time and amended.
    4/04/2013Re-referred to Com. on NAT. RES.
    4/08/2013In committee: Hearing postponed by committee.
    select this voteVote4/29/2013Do pass as amended and be re-referred to the Committee on Appropriations.
    5/07/2013From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 3.) (April 29).
    5/08/2013Read second time and amended.
    5/09/2013Re-referred to Com. on APPR.
    5/15/2013In committee: Hearing postponed by committee.
    5/24/2013In committee: Set, first hearing. Referred to APPR. suspense file.
    select this voteVote5/24/2013Do pass as amended.
    5/28/2013From committee: Do pass as amended. (Ayes 12. Noes 0.) (May 24). Read second time and amended. Ordered to second reading.
    5/29/2013Read second time. Ordered to third reading.
    5/30/2013Read third time. Passed. Ordered to the Senate.
    currently selectedAssembly Vote on Passage5/30/2013AB 1001 GORDON Assembly Third Reading
    6/03/2013In Senate. Read first time. To Com. on RLS. for assignment.
    6/13/2013Referred to Com. on E.Q.
    6/25/2013From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on E.Q.
    select this voteVote7/03/2013Do pass as amended, and re-refer to the Committee on Appropriations.
    7/08/2013From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 1.) (July 3).
    7/09/2013Read second time and amended. Re-referred to Com. on APPR.
    8/08/2013In committee: Set, first hearing. Hearing canceled at the request of author.
    8/21/2013From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.
    8/22/2013Withdrawn from committee. Re-referred to Com. on RLS. Re-referred to Com. on E.Q. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on E.Q.
    8/26/2013In committee: Set, first hearing. Hearing canceled at the request of author.
    5/27/2014In committee: Set, second hearing. Hearing canceled at the request of author.

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    An Act to Amend Sections 25214.14 and 25214.15 of the Health and Safety Code, Relating to Hazardous Materials, and Declaring the Urgency Thereof, to Take Effect Immediately.: AB 1001 GORDON Assembly Third Reading

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    Katcho AchadjianRCA-35$0$0Yes
    Luis AlejoDCA-30$0$0Yes
    Travis AllenRCA-72$0$0Yes
    Tom AmmianoDCA-17$0$0Yes
    Toni AtkinsDCA-78$0$0Yes
    Frank BigelowRCA-5$0$0Yes
    Richard BloomDCA-50$0$0Yes
    Bob BlumenfieldDCA-45$0$0Yes
    Raul BocanegraDCA-39$0$0Yes
    Susan BonillaDCA-14$0$0Yes
    Rob BontaDCA-18$0$0Yes
    Steven BradfordDCA-62$0$0Yes
    Cheryl BrownDCA-47$0$0Yes
    Joan BuchananDCA-16$0$0Yes
    Ian CalderonDCA-57$0$0Yes
    Nora CamposDCA-27$0$0Yes
    Ed ChauDCA-49$0$0Yes
    Rocky ChavezRCA-76$0$0Yes
    Wesley ChesbroDCA-2$0$0Yes
    Connie ConwayRCA-26$0$0Yes
    Ken CooleyDCA-8$0$0Yes
    Brian DahleRCA-1$0$0Yes
    Tom DalyDCA-69$0$0Yes
    Roger DickinsonDCA-7$0$0Yes
    Tim DonnellyRCA-33$0$0Yes
    Susan EggmanDCA-13$0$0Yes
    Paul FongDCA-28$0$0Yes
    Steve FoxDCA-36$0$0Not Voting
    Jim FrazierDCA-11$0$0Yes
    Beth GainesRCA-6$0$0Yes
    Cristina GarciaDCA-58$0$0Yes
    Mike GattoDCA-43$0$0Yes
    Jimmy GomezDCA-51$0$0Yes
    Lorena GonzalezDCA-80$0$0Yes
    Rich GordonDCA-24$0$0Yes
    Jeff GorellRCA-44$0$0Yes
    Adam GrayDCA-21$0$0Yes
    Shannon GroveRCA-34$0$0Yes
    Curt HagmanRCA-55$0$0Yes
    Isadore HallDCA-64$0$0Yes
    Diane HarkeyRCA-73$0$0Yes
    Roger HernandezDCA-48$0$0Yes
    Chris HoldenDCA-41$0$0Not Voting
    Brian JonesRCA-71$0$0Yes
    Reggie Jones-SawyerDCA-59$0$0Yes
    Marc LevineDCA-10$0$0Yes
    Eric LinderRCA-60$0$0Yes
    Dan LogueRCA-3$0$0Yes
    Bonnie LowenthalDCA-70$0$0Yes
    Brian MaienscheinRCA-77$0$0Yes
    Allan MansoorRCA-74$0$0Yes
    Jose MedinaDCA-61$0$0Yes
    Melissa MelendezRCA-67$0$0Yes
    Holly MitchellDCA-54$0$0Yes
    Mike MorrellRCA-40$0$0Yes
    Kevin MullinDCA-22$0$0Yes
    Al MuratsuchiDCA-66$0$0Yes
    Adrin NazarianDCA-46$0$0Yes
    Brian NestandeRCA-42$0$0Yes
    Kristin OlsenRCA-12$0$0Yes
    Richard PanDCA-9$0$0Yes
    Jim PattersonRCA-23$0$0Yes
    Henry PereaDCA-31$0$0Yes
    John PerezDCA-53$0$0Yes
    Manuel PerezDCA-56$0$0Yes
    Bill QuirkDCA-20$0$0Yes
    Sharon Quirk-SilvaDCA-65$0$0Yes
    Anthony RendonDCA-63$0$0Yes
    Rudy SalasDCA-32$0$0Yes
    Nancy SkinnerDCA-15$0$0Yes
    Mark StoneDCA-29$0$0Yes
    Phil TingDCA-19$0$0Yes
    Don WagnerRCA-68$0$0Yes
    Marie WaldronRCA-75$0$0Yes
    Shirley WeberDCA-79$0$0Yes
    Bob WieckowskiDCA-25$0$0Yes
    Scott WilkRCA-38$0$0Yes
    Das WilliamsDCA-37$0$0Yes
    Mariko YamadaDCA-4$0$0Yes

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