BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 898
                                                                  Page 1

          Date of Hearing:  April 25, 2007

                       ASSEMBLY COMMITTEE ON NATURAL RESOURCES
                                 Loni Hancock, Chair
                     SB 898 (Simitian) - As Amended:  May 8, 2007

           SENATE VOTE  :   27-12
           
          SUBJECT  :  Beverage containers: solid waste cleanup: marinas and  
          harbors. 

           SUMMARY  :  This bill makes various changes to solid waste and  
          harbor and navigation law to reduce marine debris.

           EXISTING LAW  :

          1) The California Integrated Waste Management Act establishes  
             the Solid Waste Disposal and Codisposal Cleanup Grant Program  
             (Grant Program) to provide grants to local governments to  
             cleanup illegal and abandoned solid waste and codisposal  
             sites.  The grants may be used to 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.

          2) The Plastic Waste Law:

             a)    Requires rigid plastic bottles and 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  
                containers [e.g., 1 = PETE (polyethylene terephthalate)].

           THIS BILL  :

          1) Clarifies that funds provided by the Grant Program refers to  
             solid waste that would otherwise be disposed into the  
             municipal storm sewer, and that the ongoing litter abatement  
             program required by the Grant Program must be established by  
             the public entity. 








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          2) Requires the Department of Boating and Waterways (DBW) 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.

          3)Adds a new number and letters code (0 = PLA (polylactic acid)  
            to the list of resin types for rigid plastic bottles and  
            containers.

           FISCAL EFFECT  :  According to the Senate Appropriations  
          Committee, this bill would have costs to the Department of  
          Conservation (DOC) of $69,000 in FY 2007-2008, $108,000 in  
          2008-2009 and an additional $50,000 in 2009-2010 to conduct  
          market research in order to calculate processing payments and  
          processing fees for the new resin type, modification of its data  
          management systems, and one half of a PY for customer service in  
          the first year.  

          This bill would have additional costs of $50,000 over FYs  
          2007-2008 and 2008-2009 to the DBW to develop guidelines and  
          programs for the removal and disposal of derelict fishing gear.   
           

          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, and 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 marine  
             debris; increasing enforcement of anti-litter laws; expanding  
             watershed-based cleanups; increasing the availability of  
             receptacles for recycling and cigarette butts; removing  








                                                                  SB 898
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             derelict fishing gear; banning toxic plastic packaging; and,  
             related matters.
          In an effort to further the goals of the 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.

           3)Clarifying and revising current law  .  AB 2211 (Karnette),  
            Chapter 762, Statutes of 2006, revised the Program to  
            authorize the use of grant funds for the 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 such requirement for compostable containers.  SB 898  
            specifies a number and letters code for polylactic acid  
            containers (polylactic acid refers to compostable containers  
            where corn or sugarcane are the common feedstock).

          Finally, SB 898 requires the DBW 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)Double Referral  .  This bill has been double referred to the  
            Assembly Committee on Water Parks and Wildlife.  























                                                                  SB 898
                                                                  Page 4


           REGISTERED SUPPORT / OPPOSITION  :

           Support  
           
          American Federation of State, County, and Municipal Employees
          Aquarium of the Pacific
          Ballona Creek Renaissance
          Breast Cancer Fund 
          Californians Against Waste 
          California Coastal Commission
          California Coastkeeper Alliance
          Coastkeeper Alliance
          County of San Diego
          Defenders of Wildlife
          Earth Resource Foundation
          Earth Share California 
          Environment California (co-sponsor)
          Heal the Bay (co-sponsor)
          Marin County Board of Supervisors
          Ocean Conservancy
          Ocean Conservation Society
          Planning and Conservation League
          San Diego Coastkeeper
          Santa Monica Baykeeper
          Souther California Watershed Alliance
          Surfrider Foundation (Newport Beach Chapter) 
           
            Opposition 
           
          None on file


           Analysis Prepared by  :  Elizabeth MacMillan / NAT. RES. / (916)  
          319-2092