BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                   SB 228|
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                                 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:

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          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  







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             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*







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          *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

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