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Legislative Factsheet Online - AB 904 (Feuer): Plastic and Marine Debris ReductionAB 904–PLASTIC AND MARINE DEBRIS REDUCTION, RECYCLING AND COMPOSTING ACT Legislative Factsheet IN BRIEF AB 904 is aimed at reducing and recycling packaging waste and litter by requiring that takeout food packaging used in a jurisdiction be made from materials that are readily recyclable or compostable in that jurisdiction. THE ISSUE Many local municipalities throughout the state continue to struggle to meet the state-mandated 50% waste diversion requirement. Though agencies have invested in and promote a nearly comprehensive recycling and composting infrastructure, many of the materials used for takeout food packaging are not recyclable or compostable in these systems. According to the US EPA, the amount of fast food packaging generated in our society is measured in the millions of tons and virtually all of this waste is currently littered or landfilled. Consistently, state-wide litter composition studies, such as those conducted in New Jersey and Texas, have shown takeout food packaging to comprise 20-30% of all litter, behind only cigarettes. Litter is not just an eyesore—80% of marine debris is land-based, the majority of which comes from urban runoff. The takeout food packaging waste that we see everyday clogging our storm drains is destined for the ocean, where it will join the great snow of litter that plagues our oceans. Indeed, studies have shown that in some parts of the ocean plastic outweighs plankton by a factor of six! Marine debris poses a significant problem to wildlife and our $43 billion dollar ocean economy. Up to 90% of marine debris is plastic, and foamed polystyrene—a large, unrecyclable component of the fast food waste stream—has consistently been shown to be one of the largest categories of marine debris in beach cleanups. The economic ramifications of this waste from the clean-up end have been large. The problem is especially great in areas that have been deemed US EPA impaired waterways, and thus must meet Total Maximum Daily Loads for trash, such as the Los Angeles River. Southern California cities alone have spent hundreds of millions on meeting TMDL requirements, and the clean-up costs of marine debris as a whole may well push the $1 billion mark, according to the California Ocean Protection Council. EXISTING LAW There are no existing state recycling requirements on manufacturers or distributors of take-out food packaging. However, there are several recycling policies covering related products and packaging. California’s Rigid Plastic Packaging Container Law, adopted in 1991, requires manufacturers of most non-food plastic containers to either be 10% source reduced or use 25% recycled content. The California Bottle Bill, adopted in 1986, requires beverage producers to pay a ‘processing fee’ to cover the net cost of recycling their products. And last year’s AB 2449 (Levine) requires most grocery stores and pharmacies to take back and recycle plastic grocery bags. Several California municipalities have passed policies either restricting or requiring recycling of takeout food packaging, including San Francisco, Oakland, Berkeley, Santa Monica, and Calabasas. WHAT THE BILL DOES This measure is aimed at requiring fast food providers and their packaging suppliers to only utilize materials that are compatible with their communities existing recycling and composting systems, and to support the success of those programs by establishing a 25% material recover goal for takeout food packaging. Specifically, AB 904 would require that fast food providers only distribute disposable food packaging to consumers that is either compostable or recyclable in the jurisdiction it is distributed. In order to be considered recyclable or compostable it must be accepted in a residential collection program available to at least 60% of the households in the state or in the jurisdiction within which it is distributed. Additionally, the bill makes it unlawful after July 1, 2012 for any food provider to distribute disposable food packaging that is not either being recovered for composting or recycling at a rate of 25% or better. SUPPORT Californians Against Waste (Sponsor) FOR MORE INFORMATION Staff: David Stammerjohan, Assembly Member Mike Feuer Mark Murray or Bryan Early, Californians Against Waste (Sponsor)
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