Hazardous materials: packaging: exemptions.

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.