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AB 1329 (Brownley) - OPPOSE
Western Growers Association
CaliforniaChamber of Commerce
Toy Industry Association
Industrial Environmental Association
California Manufacturers and Technology Association
California Restaurant Association
American Chemistry Council
Chemical Industry Council of California
Western States Petroleum Association
Vinyl Institute
Society of the Plastics Industry
Information Technology Industry Council
Consumer Specialty Products Association
Grocery Manufacturers Association
California Film Extruders & Converters
Association
The above listed organizations are opposed to AB 1329, legislation that would prohibit the sale of various polyvinyl chloride (PVC) packaging containers, including bottles, clamshells, and shrink and stretch wrap. We are opposed to this legislation because the bill:
•Fails to consider the technological and performance aspects of PVC packaging containers which necessitate their use for specific applications.
•Wrongly assumes that PVC packaging and bottles are not being collected or recycled.
•Focuses scarce state resources on a miniscule portion of the solid waste stream.
WHY IS PVC USED?
PVC has better forming, cutting and sealing capabilities than comparable alternatives thereby helping with tamper resistance, protecting infants and children from products not intended for human consumption (e.g., household cleaners), or products that may be toxic at high doses (e.g., pharmaceuticals).
PVC’s unique characteristics make it an excellent choice for packaging chemically active products like solvents or lighter fluid since PVC maintains its integrity thereby preventing bottles from leaking or cracking and it retards evaporation – PREVENTING VOCS from being emitted.
PVC CONTAINER/BOTTLE COLLECTION AND RECYCLING IS OCCURRING
Many different types of plastic containers, including PVC are being collected and recycled via the current recycling infrastructure. For example, under the state’s Beverage Container Redemption and Recycling Program, 19% of all PVC bottles, 63% of PET bottles and 90% of HDPE bottles are being recycled. Many communities such as Palo Alto, Napa, Davis, County of Santa Cruz, San Francisco, and Los Angeles encourage residents to place #1 - #7 plastics in their recycling bins.
Furthermore, recent research into the state’s recycling infrastructure reveals that 78 out of the state’s 81 material recovery facilities (MRFs) are currently sorting and bailing #3 (PVC), #4 (LDPE), #5 (PP), #6 (PS) and #7 (other) plastic bottles and rigid containers.
A better approach would be to work with industry, recyclers, local governments and other stakeholders to identify ways to enhance the recycling infrastructure so that more plastic containers can be collected and recycled.
While the proponents claim that removing PVC will strengthen the states recycling infrastructure, the bill exempts several classes of products packaged in PVC and that will still be used in commerce. The bill also does not consider products and packaging coming into California purchased via Internet sales. Sorting PVC and other plastic-types will still need to occur even if this bill were to be enacted.
PVC Manufacture and Use is already Regulated
The production and use of PVC has been considered by numerous federal agencies, and the product is already well regulated in drinking water, food, and air under a myriad of state and federal rules. In fact, the Environmental Safety and Toxics Materials Committee analysis on this bill stated:
Manufacturers must apply and meet specific air toxics permitting requirements in order to manufacture PVC. The materials and chemicals used in this manufacturing process are closely monitored through air toxics permitting requirements at ARB.
AB 1329 BENEFIT CALLED INTO QUESTION
PVC containers are a miniscule fraction of the state’s waste stream. As stated in the policy committee analysis, “According to the California Integrated Waste Management Board's waste characterization data, all rigid plastic "clamshell containers" constitute 0.06% of all solid waste that is disposed, while "other plastic containers" constitute 0.05%. PVC containers are a subset of this number.” The ESTM committee analysis concluded “Therefore, toxics and waste reduction achieved by this bill remain unclear.”
AB 1329 HAS NO ENFORCEMENT PROVISIONS
The bill contains NO enforcement provisions. Why would the Legislature pass a bill that cannot be enforced? Passing a new statute with NO enforcement provisions is poor public policy.
VOTE NO ON AB 1329!