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. SB 898 Page 2 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 Page 3 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