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
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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"
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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
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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