BILL NUMBER: SB 228	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 21, 2010
	AMENDED IN SENATE  JANUARY 25, 2010
	AMENDED IN SENATE  MAY 7, 2009
	AMENDED IN SENATE  APRIL 13, 2009

INTRODUCED BY   Senator DeSaulnier

                        FEBRUARY 23, 2009

   An act to add Sections 40116.5 and 42357.5 to the Public Resources
Code, relating to plastic bags.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 228, as amended, DeSaulnier. Plastic bags: compostable plastic
bags.
   The California Integrated Waste Management Act of 1989,
administered by the Department of Resources Recycling and Recovery,
prohibits a person from selling a plastic bag in this state that is
labeled with the term "compostable" or "marine degradable" unless, at
the time of sale, the plastic bag meets specified standards for
those types of bags.
   This bill would require, beginning July 1, 2011, a manufacturer of
a compostable plastic bag meeting those standards to ensure that the
compostable plastic bag is "readily and easily identifiable," as the
bill would define that term, from other plastic bags. The bill would
prohibit a compostable plastic bag sold in the state from displaying
a chasing arrow resin identification code or recycling type of
symbol in any form.  The bill would require the manufacturers
or suppliers of compostable plastic bags to submit a yearly report
to the department containing certain information and subject those
manufacturers or suppliers to audit by the department.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 40116.5 is added to the Public Resources Code,
to read:
   40116.5.  "Department" means the Department of Resources Recycling
and Recovery.
  SEC. 2.  Section 42357.5 is added to the Public Resources Code, to
read:
   42357.5.  (a) Beginning July 1, 2011, a manufacturer of a
compostable plastic bag meeting an ASTM standard specification
specified in paragraph (1) of subdivision (b) of Section 42356 or
Section 42356.1 shall ensure that the compostable plastic bag is
readily and easily identifiable from other plastic bags.
   (b) For purposes of this section, "readily and easily identifiable"
means labeling that meets both of the following requirements:
   (1) Labeled with a certification logo indicating the bag meets the
ASTM D6400 standard specification if the bag has been certified as
meeting that standard by a recognized third-party independent
verification.
   (2) Labeled in accordance with one of the following:
   (A) The bag is made of a uniform color of green and labeled with
the word "compostable" on one side of the bag, and the label shall be
at least one inch in height.
   (B) Labeled with the word "compostable" on both sides of the bag
and the label shall be one of the following:
   (i) Green color lettering at least one inch in height.
   (ii) Within a contrasting green color band of at least one inch in
height on both sides of the bag with color contrasting lettering of
at least one-half inch in height.
   (c) Notwithstanding paragraph (2) of subdivision (b), if the bag
is smaller than 14 inches by 14 inches, the lettering and stripe
shall be in proportion to the size of the bag.
   (d) A compostable plastic bag sold  or distributed  in
the state shall not display a chasing arrow resin identification code
or recycling type of symbol in any form. 
   (e) (1) Each manufacturer or supplier of a compostable plastic bag
shall submit a report to the department containing the certification
required by this section for the preceding calendar year, together
with any other information that the department may require. The
department shall retain the reports and a list of manufacturers or
suppliers that have fulfilled the requirements of this section. The
department shall make the reports available to the public upon
request.
   (2) Each manufacturer or supplier required to provide
certification or any information pursuant to this section may be
subject to audit by the department.