AB 881 (L. Gonzalez)
Plastic Waste Exports

OVERVIEW

AB 881 closes an existing loophole in California law that allows mixed plastic exports to be counted as recycling regardless of their ultimate destination, which is often overseas landfills, incinerators or waterways. This bill ensures that only materials that are truly being recycled get counted towards state and local recycling goals.

THE ISSUE

California has established a policy goal to divert 75% of the state’s generated solid waste through source reduction, recycling, and composting by 2020 (AB 341, Chesbro). Local jurisdictions contract with solid waste service providers and material recovery facilities (MRFs) that collect, sort, and bale material from the community to sell to end-use buyers who use it to create new products.  Communities achieve disposal and diversion rates when waste isn’t littered, dumped, or sent to landfills.

In the US, California is a top exporter of plastic waste to other countries around the world. Manufacturers purchase this plastic waste and pick out the valuable pieces to use for raw materials to make new products; they do not use all of the waste because it may be the wrong material for their needs and/or it costs too much to process to make it worthwhile for them to use.  This unused exported plastic waste often gets dumped illegally, landfilled, or incinerated -- often in vulnerable, impoverished communities -- and our California plastic waste becomes their local pollution problem.

Unfortunately, when California exports worthless mixed plastic waste to other countries, CalRecycle and local jurisdictions do not count the material as being “disposed;” even though that is exactly what happens to much of that waste.  For purposes of assessing how the state is meeting its 75% solid waste “diversion” goal, CalRecycle assumes that exported waste is recycled regardless of what actually happens to it -- even if that waste is simply landfilled, dumped, or incinerated in another country.

As plastic is mismanaged, it further pollutes the environment and health of people nearby. Fumes from incineration can cause respiratory problems, while dumping or open landfilling can lead to pollution in both marine and land based habitats. As plastic then breaks down into microplastics, they concentrate toxic chemicals from the waste that can contaminate food and drinking water sources.

It’s time to stop counting exported plastic waste in an inaccurate, misleading way that makes all exports wrongly appear to be recycled.  This measure takes steps to address California’s plastic pollution problem instead of exporting it around the world.

 

Position: Sponsored by Californians Against Waste
Contact: Nick Lapis

BILL SUMMARY

AB 881 would reclassify the export of mixed plastic waste as disposal, while allowing truly recyclable plastic to continue to be counted towards California recycling goals. To be counted as diversion through recycling, rather than disposal, AB 881 would require the export to:

  1. Be a readily recyclable plastic type or mixture. The Basel Convention identifies polyethylene (PE), polypropylene (PP) and polyethylene terephthalate (PET) as allowable exports without stricter regulation due to their easy recyclability, provided they are destined for separate recycling of each material. AB 881 would allow these exports to be counted as diversion through recycling.

  2. Not be prohibited by an applicable law in the country of destination. Basel Convention signatory countries may establish their own accepted level of contamination and may require prior agreements for the import of plastic scrap.

Status: Signed by the Governor
Current language, analysis, and votes: AB 881