BILL ANALYSIS AB 1972 SENATE COMMITTEE ON ENVIRONMENTAL QUALITY Senator S. Joseph Simitian, Chairman 2007-2008 Regular Session BILL NO: AB 1972 AUTHOR: DeSaulnier AMENDED: June 19, 2008 FISCAL: Yes HEARING DATE: June 23, 2008 URGENCY: No CONSULTANT: Randy Pestor SUBJECT : BAGS, FOOD, AND BEVERAGE CONTAINERS SUMMARY : Existing law , under the California Integrated Waste Management Act of 1989: 1) Prohibits a plastic bag from being sold that is labeled "compostable," "biodegradable," "degradable," or any form of those terms, unless the plastic bag meets a current American Society for Testing and Materials (ASTM) standard specification (Public Resources Code 42357). "ASTM standard specification" means a "definition found in the Style and Form Guide for ASTM standards . . ." (42356). 2) Prohibits a plastic food or beverage container from being sold that is labeled "compostable," "biodegradable," "degradable," or any form of those terms, unless the plastic container meets a current ASTM standard specification (42359.6). "ASTM standard specification" means "ASTM Standard Specification for Compostable Plastics (D6400-04) . . ." (42359.5). This bill : 1) Replaces the above plastic bag ASTM definition with references to a specification for "Compostable Plastics D6400" and "Non-Floating Biodegradable Plastics in the Marine Environment D7801." References to "biodegradable" and "degradable" are stricken, a person is prohibited from selling a plastic bag labeled with those terms and the term "decomposable", or any way imply that the bag will break down, fragment, biodegrade, or decompose in a landfill or AB 1972 Page 2 the environment. 2) Replaces the above ASTM definition with references to "Compostable Plastics D6400," "Non-Floating Biodegradable Plastics in the Marine Environment D7801," or "Standard Specification for Biodegradable Plastics Used as Coatings on Paper and Other Compostable Substrates D6868." References to "biodegradable" and "degradable" are stricken, a person is prohibited from selling a plastic bag labeled with those terms and the term "decomposable", or any way imply that the bag will break down, fragment, biodegrade, or decompose in a landfill or the environment. 3) References the most recent published dates for the standard specifications. If the standard specification is subsequently revised, the California Integrated Waste Management Board (CIWMB) must review the new standard and do either of the following: a) if the CIWMB determines the new standard is more stringent and protective of public health, safety, and the environment, and is reflective of and consistent with state policies and programs, then the CIWMB may adopt the new standard; or b) if the CIWMB determines that the new standard is not as stringent and does not protect public health, safety, and the environment, and is not reflective of and consistent with state policies and programs, then the CIWMB cannot adopt the new standard. If the ASTM or another entity develops a new standard specification for any of the prohibited terms, the CIWMB may review the standards based on the above requirements and make a recommendation to the Legislature. 4) Contains related legislative intent, clarifies certain definitions, and makes related technical amendments. COMMENTS : 1) Purpose of Bill . According to the author, "Manufacturers of plastic products are making false and misleading advertising claims that their products are 100% degradable/bidegradable/compostable." The author and sponsor are concerned about "oxo-degradable" AB 1972 Page 3 materials that are composed of plastic and an additive that do not meet ASTM standards. According to the author, "When the material degrades, the additive degrades and the plastic remains. After degradation, the plastic turns into small fragments and is left in the compost material, or the environment. Manufacturers of products using oxo-degradables are making claims on their products that they are 100% biodegradable or compostable." The author notes that this can be resolved by referencing the most recently published ASTM D6400, D6868, and D7801 standards. Concerns were raised at the Environmental Quality Committee's June 2, 2008, hearing over the lack of standards for "biodegradable" and "degradable." In response to these concerns, AB 1972 strikes references to those terms and prohibits a person from selling a plastic bag, or a plastic food or beverage container, labeled with those terms, as well as the term "decomposable." Amendments also provide a process for the CIWMB to review and adopt a new ASTM standard, and to make a recommendation to the Legislature for any developed standards for the prohibited terms. 2) Related requirements and legislation . SB 951 (Hart) Chapter 1076, Statutes of 1993, enacted the Plastic Trash Bag Law to require recycled plastic postconsumer material in certain types of plastic trash bags. SB 698 (Rainey) Chapter 44, Statutes of 1998, revised various procedures relating to these provisions to enable postconsumer materials to be in other plastic products of the manufacturer. In response to concerns about manufacturers that violate the law, SB 698 added a debarment provision that made these violators ineligible for state contract awards until they comply with the requirements and prohibits the state from soliciting offers from, or awarding contracts to, those firms. SB 698 also required the California Integrated Waste Management Board to publish a list of violators. SB 1749 (Karnette) Chapter 619, Statutes of 2004, prohibited persons from selling a plastic bag labeled as "compostable," "biodegradable," "degradable," or any form AB 1972 Page 4 of those terms, unless the plastic bag meets certain requirements. AB 1023 (DeSaulnier) Chapter 143, Statutes of 2007, exempts these bags from the Plastic Trash Bag Law. AB 2147 (Harman) Chapter 349, Statutes of 2006, prohibited persons from selling plastic food and beverage containers labeled as "compostable," "biodegradable," "degradable," or any form of those terms, unless the containers meet certain requirements. AB 2071 (Karnette) sets penalties for violations of the SB 1749 plastic bag requirements. SOURCE : Biodegradable Products Institute SUPPORT : Amelia Spigler (Market Manager, Marin Farmers Markets) American Federation of State, County and Municipal Employees (AFSCME), AFL-CIO California Film Extruders & Converters Association Californians Against Waste Cereplast Inc. Heritage Bag Company Huhtamaki Foodservice City and County of San Francisco OPPOSITION : Oxo-Biodegradable Plastic Alliance