BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2138
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          Date of Hearing:   April 28, 2010

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                   AB 2138 (Chesbro) - As Amended:  April 14, 2010 

          Policy Committee:                              Natural  
          ResourcesVote:6-3

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              No

           SUMMARY  

          This bill prohibits a food provider from distributing disposable  
          food packaging (including take-out bags) unless the packaging is  
          compostable or recyclable.  Specifically, this bill:

          1)Clarifies various definitions, including:

             a)   Compostable Packaging-meets the compostability standard  
               established by the American Society for Testing Materials;  
               distributed with food for in-store consumption;  accepted  
               back for composting by the food provider; accepted for  
               composting in a residential collection program available to  
               at least 75% of households in the jurisdiction, as  
               determined by the Department of Resources Recycling and  
               Recover (DRRR); and recovered for composting at a rate of  
               25% or more.

             b)   Recyclable Packaging-distributed with food for in-store  
               consumption; accepted back for recycling by the food  
               provider; and accepted for recycling in a residential  
               collection program available to at least 75 %of the  
               households in the jurisdiction, as determined by DRRR.

          2)Prohibits, from July 1, 2011 to July 1, 2013, a food provider  
            from distributing disposable food service packaging, including  
            bags, to a consumer unless it is either compostable or  
            recyclable, as defined.  

          3)Prohibits, effective July 1, 2013, a food provider from  
            distributing disposable food service packaging, including  
            bags, to a consumer, unless DRRR determines the disposable  








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            food service packaging is recovered for composting or  
            recycling at a rate of 25% or more. 

           FISCAL EFFECT  

          Annual costs to DRRR, ranging from $300,00 to $750,000, to  
          conduct additional reviews of areas eligible for exemption from  
          convenience zone recycling requirements; identify jurisdictions  
          with recycling and/or composting; and determine statewide  
          recycling and composting rates for products affected by this  
          bill (Integrated Waste Management Account or other special  
          fund).









































                                                                  AB 2138
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           COMMENTS  

           1)Rationale  . The author contends this bill will reduce the  
            amount of waste reaching the state's landfills and the amount  
            of plastic marine debris littering our oceans, both of which  
            are in keeping with established state policy.

           2)Background  .  

              a)   An Ocean Full of Plastic .  Numerous studies find the  
               world's oceans are becoming increasingly polluted, the  
               biggest single source of that pollution is mainland runoff,  
               and most of this pollution is plastic.  The state has  
               several programs to encourage more responsible management  
               of waste, including programs for recycling, toxic waste  
               disposal, and stormwater management.  In addition, state  
               law requires cities and counties to divert 50% of their  
               solid waste from landfills by 2000.  However, there is no  
               state agency charged with responsibility and authority for  
               reduction of marine debris, plastic ocean pollution, and  
               its sources.

              b)   Fast Food a Significant Source of Plastic Waste  .   
               According to the California Integrated Waste Management  
               Board (CIWMB) 2006 report, Waste Disposal and Diversion  
               Findings for Selected Industry Groups, fast food restaurant  
               waste is comprised of 50% paper, 39% food, and 8% plastic.   
               While these facilities recycle nearly 80% of the paper,  
               they diverted from landfill only 13.5% of food and 0.5% of  
               plastic they produced.  

           3)Related Legislation.  

              a)   AB 1998 (Brownley)  , also before this committee, seeks to  
               prohibit supermarkets, pharmacies and convenience stores  
               from distributing disposable plastic or paper bags.  The  
               bill passed Assembly Natural Resources on a party-line vote  
               of 6-3.  

             b)   AB 68 (Brownley, 2009) and AB 87 (Davis, 2009)  both  
               sought to place a 25-cent fee on the distribution of  
               single-use carry-out bags.  Both bills were held by this  
               committee.  

             c)   AB 2058 (Levine, 2007)  would have prohibited the free  








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               dispensing of carryout plastic bags by a store to its  
               customers, unless the store can demonstrate to the CIWMB  
               that 35% and 70% of the plastic bags it dispensed in 2007  
               have been diverted from the waste stream by July 1, 2011  
               and July 1, 2012, respectively.  AB 2058 died in Senate  
               Appropriations.

             d)   AB 2449 (Levine) - Chapter 845, Statutes of 2006  
               requires supermarkets and drug stores to establish plastic  
               bag recycling programs.  AB 2449 also pre-empted local  
               governments from enacting fees on plastic bag use.

           4)Support  .  This bill is supported by some conservation groups  
            and the City and County of San Francisco.

           5)Opposition.   The bill is opposed by numerous industry groups  
            and some businesses involved in making materials affected by  
            this bill. 

           Analysis Prepared by  :    Jay Dickenson / APPR. / (916) 319-2081