BILL ANALYSIS
SB 898
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator S. Joseph Simitian, Chairman
2007-2008 Regular Session
BILL NO: SB 898
AUTHOR: Simitian
AMENDED: March 26, 2007
FISCAL: Yes HEARING DATE: March 26, 2007
URGENCY: No CONSULTANT: Randy Pestor
SUBJECT : SOLID WASTE DISPOSAL AND RECYCLING
SUMMARY :
Existing law :
1) Under the California Integrated Waste Management Act of
1989:
a) Allows a grant to a public entity under the solid
waste disposal site cleanup grant program for an
activity to remove or abate solid waste disposed into a
municipal storm sewer. The grant must be used for solid
waste cleanup, solid waste abatement, or any other
activity that mitigates the impact of solid waste. An
ongoing program must also be established to prevent
recurring solid waste disposal into the municipal sewer.
b) Authorizes the California Integrated Waste Management
Board (CIWMB) to conduct research and development
programs, upon appropriation by the Legislature for
certain purposes (e.g., recycling extension service,
cooperative research and development facilities,
disposal site mining technology study), and provides for
the CIWMB to undertake certain other responsibilities.
2) Under Plastic Waste Law:
a) Requires rigid plastic bottles and rigid plastic
containers sold in California to be labeled with a code
indicating the resin used to produce the bottle or
container. The code consists of a number placed inside
a triangle, and letters placed below the triangle.
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b) Specifies the numbers and letters used on the
containers (e.g., 1 = PETE (polyethylene terephthalate),
4 = LDPE (low density polyethylene).
This bill :
1) Under the California Integrated Waste Management Act:
a) Clarifies that the condition for use of the grant
refers to solid waste that would otherwise be disposed
into the municipal storm sewer, and that the ongoing
program condition requires the public entity to
establish this program.
b) Provides for the CIWMB to recommend guidelines and
programs for removal and disposal of derelict fishing
gear, and programs for marina and vessel operators to
improve waste management in marinas and harbors.
"Derelict fishing gear" is defined to include lost or
abandoned fishing nets, fishing lines, and other
commercial and recreational fishing equipment.
2) Under the Plastic Waste Law, adds a number and letters code
(0 = PLA (polylactic acid) to the list of resin types.
COMMENTS :
1) Purpose of Bill . SB 1319 (Burton) Chapter 719, Statutes of
2004, enacted the California Ocean Protection Act, and
created the Ocean Protection Council (OPC) with certain
responsibilities (e.g., coordinate state agency activities
related to the protection and conservation of coastal
waters and ocean ecosystems, improve effectiveness of state
efforts to protect ocean resources, identify and recommend
needed changes to state and federal law). An Ocean
Protection Trust Fund was also created for certain related
purposes.
At its February 8, 2007, meeting, the OPC unanimously approved
a resolution on preventing and reducing marine debris. The
recommendations addressed reducing sources of plastic
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marine debris, increasing enforcement of anti-litter laws,
expanding watershed-based cleanups, increasing the
availability of receptacles for recycling and cigarette
butts, removing derelict fishing gear, banning toxic
plastic packaging, and related matters.
In an effort to assist in reducing marine debris based on
issues addressed in the OPC resolution, SB 898 clarifies
certain provisions of the solid waste disposal site cleanup
grant program, requires a new number and letters code for
certain types of rigid plastic bottles and containers, and
addresses guidelines and programs regarding derelict
fishing gear.
The author is evaluating additional policy options and
incentives, including recommendations being developed by
the OPC, for reducing and recycling certain sources of
marine debris including, but not limited to, plastic
containers and derelict fishing gear.
2) Clarifying and revising current law . AB 2211 (Karnette)
Chapter 762, Statutes of 2006, revised the solid waste
disposal site cleanup grant program requirements to also
address abatement of solid waste disposed into a municipal
storm sewer. SB 898 clarifies two grant condition
requirements of that program.
Current law requires certain numbers and letters on rigid
plastic bottles and containers for certain resin types to
assist in recycling and reusing the materials. However,
there is no requirement for certain biodegradable
containers. SB 898 specifies a number and letters code for
polylactic acid containers (polylactic acid refers to
biodegradable containers where corn or sugarcane are the
common feedstock).
Finally, SB 898 provides for the CIWMB to identify guidelines
and programs for removal and disposal of derelict fishing
gear, as well as programs to improve waste management by
marina and vessel operators.
3) Related legislation . SB 899 (Simitian) provides for a
phased ban on certain toxic constituents in plastic
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packaging.
SOURCE : Californians Against Waste, Environment
California, Heal the Bay
SUPPORT : American Federation of State, County and
Municipal Employees, (AFSCME), AFL-CIO, Ballona
Creek Renaissance, Breast Cancer Fund,
California Coastkeeper Alliance, Defenders of
Wildlife, Earth Resource Foundation, Earth
Share California, Ocean Conservancy, Planning
and Conservation League, San Diego Coastkeeper,
Santa Monica Baykeeper, Southern California
Watershed Alliance, Surfrider Foundation
(Newport Beach Chapter)
OPPOSITION : None on file