BILL ANALYSIS
SB 228
Page 1
SENATE THIRD READING
SB 228 (DeSaulnier)
As Amended August 9, 2010
Majority vote
SENATE VOTE :24-10
NATURAL RESOURCES 7-1 APPROPRIATIONS 12-4
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|Ayes:|Chesbro, Gilmore, |Ayes:|Fuentes, Bradford, |
| |Brownley, | |Charles Calderon, Coto, |
| |De Leon, Logue, Skinner | |Davis, De Leon, Gatto, |
| | | |Hall, Skinner, Solorio, |
| | | |Torlakson, Torrico |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Knight |Nays:|Harkey, Miller, Nielsen, |
| | | |Norby |
| | | | |
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SUMMARY : Establishes labeling requirements for compostable
plastic bags. Specifically, this bill:
1)Beginning July 1, 2011, requires a manufacturer of a
compostable plastic bag that meets an existing American
Society for Testing and Materials (ASTM) standard to ensure
that the bag is readily and easily identifiable from other
plastic bags.
2)Defines "readily and easily identifiable" as:
a) Labeled with a certification logo indicating that the
bag meets the ASTM D6400 standard specification if the bag
has been certified as meeting the standard by a recognized
third-party independent verification;
b) A bag that is a uniform green color and labeled with the
word "compostable" on one side of the bag (at least one
inch in height); or, a bag that is labeled with the word
"compostable" on both sides of the bag in green, as
specified; and,
c) Specifies that a bag smaller than 14 inches by 14
SB 228
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inches, the lettering shall be in proportion to the size of
the bag.
3)Prohibits a compostable bag sold or distributed in the state
from displaying the chasing arrow resin identification code or
any other recycling symbol.
4)Clarifies that the provisions of the bill do not conflict with
the Federal Trade Commission Guides for the Use of
Environmental Marketing Claims.
EXISTING LAW :
1)Defines ASTM "Standards for Compostable Plastics" and
"Standard Specification for Non-Floating Biodegradable
Plastics in the Marine Environment."
2)Prohibits a person from selling a plastic bag in this state
with the term "compostable" or "marine biodegradable" unless
the bag meets the applicable ASTM standard specification.
3)Sets procedures for the Department of Resources Recovery and
Recycling (DRRR) to review a new ASTM standard specification
or other standard developed by another entity.
FISCAL EFFECT : According to the Assembly Appropriations
Committee this bill has no state costs.
COMMENTS : According to the author, "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 [conventional] plastic bags." The author notes
that conventional bags get into the compost stream and
contaminate the compost leading to higher processing costs.
"This bill seeks to remedy this by requiring bags that meet the
compostable and marine degradable standards as set in current
law . . . to be readily and easily identifiable for the purposes
of separating these bags from [conventional] plastic bags in the
recycling and composting streams."
According to the author, "The use of compostable bags is
increasing, leading local governments to establish organics
separation and composting. Currently, there is no way to
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visibly tell the difference between compostable, marine
degradable, and [conventional] plastic bags? As a result,
[conventional] bags are getting into the compost stream and
contaminating the compost and leading to higher processing
costs. Likewise, can be contaminated if compostable bags are
included in the [conventional] plastic recycling streams." This
bill is intended to alleviate contamination concerns by making
compostable bags easily identifiable for sorting.
According to DRRR, "many existing composting operations reject
compostable plastics because they have found that most of them,
even those certified by the Biodegradable Products Institute [as
meeting the ASTM D6400 standard], do not undergo degradation at
a rate consistent with other compostable materials."
Federal standards for organics require that compost not contain
plastic of any kind. Including compostable plastics as
feedstock would make the finished compost ineligible for use in
organic farms.
This bill applies only to compostable plastic bags and does not
include biodegradable or marine degradable bags. While this may
be helpful to ensure that only compostable bags are processed in
composting operations, it does not address contamination of the
recycling stream by biodegradable or marine degradable bags.
Analysis Prepared by : Elizabeth MacMillan / NAT. RES. / (916)
319-2092
FN: 0005577