BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 898|
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THIRD READING
Bill No: SB 898
Author: Simitian (D)
Amended: 5/8/07
Vote: 21
SENATE ENV. QUALITY COMMITTEE : 4-2, 3/26/07
AYES: Simitian, Kuehl, Lowenthal, Steinberg
NOES: Runner, Aanestad
NO VOTE RECORDED: Florez
SENATE APPROPRIATIONS COMMITTEE : 10-6, 5/31/07
AYES: Torlakson, Cedillo, Corbett, Florez, Kuehl, Oropeza,
Ridley-Thomas, Simitian, Steinberg, Yee
NOES: Cox, Aanestad, Ashburn, Dutton, Runner, Wyland
NO VOTE RECORDED: Battin
SUBJECT : Beverage containers: solid waste cleanup:
marinas and
harbors
SOURCE : Californians Against Waste
Environment California
Heal the Bay
DIGEST : This bill (1) modifies the Plastic Waste law to
add a number and letter code (0 = PLA [polylactic acid]) to
the list of resin types, (2) makes a technical and
clarifying change to the Integrated Waste Management Act
regarding grants for solid waste that would otherwise be
disposed into the municipal storm sewer, and (3) requires
CONTINUED
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the Department of Boating and Waterways to make
recommendations, in consultation with the California
Coastal Commission, Department of Fish and Game, and the
California Integrated Waste Management Board, on guidelines
and programs for the removal and disposal of derelict
fishing gear and programs to improve waste management by
marina and vessel operators in marinas and harbors.
ANALYSIS :
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 the 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.
B. Specifies the numbers and letters used on the
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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. Requires the Department of Boating and Waterways,
in coordination with the California Coastal
Commission, the CIWMB and the Department of Fish and
Game, to recommend guidelines and programs for
removal and disposal of derelict fishing gear, and
programs for marina and vessel operators to improve
waste management of "derelict fishing gear," i.e.,
lost or abandoned fishing nets, fishing lines, and
other commercial and recreational fishing equipment
in marinas and harbors.
2. Under the Plastic Waste Law, adds a number and letters
code (0 = PLA (polylactic acid) to the list of resin
types.
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. This bill 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. This bill specifies a number and letters code
for polylactic acid containers (polylactic acid refers to
biodegradable containers where corn or sugarcane are the
common feedstock).
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Related Legislation . SB 899 (Simitian) provides for a
phased ban on certain toxic constituents in plastic
packaging. The bill is in the Assembly Environmental
Safety and Toxic Materials Committee.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2007-08 2008-09 2009-10 Fund
DOC costs associated $69 $108
$50Special*
w/new resin type
DBW develop $25 $25 Special**
guidelines/programs
* California Beverage Container Recycling Fund
**Harbors and Watercraft Revolving Fund
SUPPORT : (Verified 6/1/07)
Californians Against Waste (co-source)
Environment California (co-source)
Heal the Bay (co-source)
American Federation of State, County and Municipal
Employees, 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
San Diego County
Santa Monica Baykeeper
Southern California Watershed Alliance
Surfrider Foundation (Newport Beach Chapter)
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OPPOSITION : (Verified 6/1/07)
Department of Finance
ARGUMENTS IN SUPPORT : According to the Senate
Environmental Quality Committee analysis, on February 8,
2007, the Ocean Protection Council (OPC) unanimously
approved a resolution on preventing and reducing marine
debris. The recommendations addressed reducing sources of
plastic 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, this bill requires
the Department of Boating and Waterways to recommend, in
coordination with the CIWMB, the California Coastal
Commission, and the Department of Fish and Game, guidelines
and programs for the removal and disposal of derelict
fishing gear, and programs to improve waste management of
derelict fishing gear by marina and vessel operators in
marinas and harbors.
The author's office 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.
ARGUMENTS IN OPPOSITION : According to the Department of
Finance (DOF), "There is currently only one company
manufacturing water bottles using biodegradable plastic
material, and the addition of the new codes will not change
the recycling attribute of the bottle."
DOF notes that "Biodegradable plastic bottles are not
recyclable and are currently coded with the number '7',
which stands for 'other' and is used for non-recyclable
containers. Typically, non-recyclable containers are
perceived by the public as not being 'environmentally
friendly'. This bill would add codes '0' and 'PLA' to the
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list of abbreviations required for rigid plastic bottles
and containers, which could improve the environmental image
of non-recyclable biodegradable containers."
DOF notes "that there is no infrastructure in place to
process these bottles so they end up in landfill where they
biodegrade."
TSM:mw 6/2/07 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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