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).
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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