BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 228| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: SB 228 Author: DeSaulnier (D) Amended: 1/25/10 Vote: 21 SENATE ENV. QUALITY COMMITTEE : 5-2, 5/4/09 AYES: Simitian, Corbett, Hancock, Lowenthal, Pavley NOES: Runner, Ashburn SENATE APPROPRIATIONS COMMITTEE : 6-3, 1/21/10 AYES: Kehoe, Corbett, Leno, Liu, Price, Yee NOES: Cox, Denham, Walters SUBJECT : Plastic bags: compostable or marine degradable plastic bags SOURCE : Biodegradable Products Institute DIGEST : This bill, beginning July 1, 2011, (1) requires manufacturers of compostable plastic bags to ensure that the bag is readily identifiable by consumers, (2) requires manufacturers to submit reports to the state showing that their bags meet specified certification, and (3) allows the Department of Resources, Recovery and Recycling to audit manufacturers to ensure compliance with reporting requirements. ANALYSIS : Under existing law, the California Integrated Waste Management Act of 1989: CONTINUED SB 228 Page 2 1. Defines American Society for Testing and Materials (ASTM) "Standards for Compostable Plastics" and "Standard Specification for Non-Floating Biodegradable Plastics in the Marine Environment." (Public Resources Code Section 42356). 2. Prohibits a person from selling a plastic bag in this state with the term "compostable" or "marine biodegradable" unless the bag meets the above applicable ASTM standard specification. (Section 42357). 3. Sets procedures for the California Integrated Waste Management Board which has been abolished and replaced as the Department of Resources Recovery and Recycling (department) to review a new ASTM standard specification or other standard developed by another entity. (Section 42356.1). This bill: 1. Requires, starting 7/1/11, a manufacturer of a compostable plastic bag meeting the ASTM D6400 standard to ensure that the bag is readily and easily identifiable from other plastic bags. 2. Defines "readily and easily identifiable" as being: A Labeled with a certification logo indicating the bag meets the ASTM D6400 standard specification if the bag certified as meeting that standard, by a recognized third-party independent verification. B A uniform green color bag labeled with the word "compostable" on one side of the bag at least one-inch in height, or labeled with the word "compostable" on both sides of the bag meeting certain requirements. 3. Prohibits a compostable bag sold in this state from displaying a chasing arrow resin identification code or recycling type of symbol in any form. 4. Requires each manufacturer or supplier of a compostable plastic bag to submit a report to the department SB 228 Page 3 containing the certification for the preceding calendar year, together with any other information required by the department. 5. Provides that each manufacturer or supplier required to provide certification or any information pursuant to this bill shall be subject to audit by the department. 6. Requires the department to retain the reports and a list of manufacturers or suppliers that have fulfilled the requirements in this bill, and to also make the reports available to the public upon request. Comments According to the author's office, "The use of compostable bags is increasing, leading local governments to establish organics separation and composting. Currently, there is no way to visibly tell the difference between compostable, marine degradable, and 'virgin' plastic bags." The author's office notes that virgin plastic bags, also known as conventional bags not made of recycled material and made of first time use plastic pellets, get into the compost stream and contaminate the compost leading to higher processing costs. According to the author's office, "This bill seeks to remedy this by requiring bags that meet the compostable standards as set in current law to be readily and easily identifiable for the purposes of separating these bags from 'virgin' plastic bags in the recycling and composting streams." FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: No According to the Senate Appropriations Committee analysis: Fiscal Impact (in thousands) Major Provisions 2009-10 2010-11 2011-12 Fund Staffing costs $650 Special* SB 228 Page 4 *California Integrated Waste Management Account SUPPORT : (Verified 1/25/10) Biodegradable Products Institute (source) Californians Against Waste California Film Extruders and Converters Association Department of the Environment, City and County of San Francisco Heritage Bag Company Metabolix, Inc. TSM:do 1/25/10 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END ****