BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                   SB 228|
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                              UNFINISHED BUSINESS


          Bill No:  SB 228
          Author:   DeSaulnier (D)
          Amended:  8/18/10
          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

           SENATE FLOOR  :  24-10, 1/28/10
          AYES:  Calderon, Cedillo, Corbett, Correa, DeSaulnier,  
            Ducheny, Florez, Hancock, Kehoe, Leno, Liu, Lowenthal,  
            Negrete McLeod, Oropeza, Padilla, Pavley, Price, Romero,  
            Simitian, Steinberg, Wiggins, Wolk, Wright, Yee
          NOES:  Aanestad, Ashburn, Cogdill, Cox, Denham, Dutton,  
            Harman, Hollingsworth, Strickland, Wyland
          NO VOTE RECORDED:  Alquist, Huff, Maldonado, Runner,  
            Walters, Vacancy

           ASSEMBLY FLOOR  :  55-21, 8/23/10 - See last page for vote


           SUBJECT  :    Plastic bags:  compostable or plastic bags

           SOURCE  :     Biodegradable Products Institute


           DIGEST  :    This bill, beginning July 1, 2011, (1) requires  
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          manufacturers of compostable plastic bags that meets the  
          American Society for Testing and Materials D6400 standard  
          specification to ensure that the bag is readily  
          identifiable from other plastic bags, (2) prohibits a  
          compostable bag sold or distributed in this state from  
          displaying the chasing arrow identification code or any  
          other symbol, and (3) clarifies that these provisions do  
          not conflict with the Federal Trade Commission guidance for  
          enviro claims.

           Assembly Amendments  (1) delete a section requiring a  
          certification reporting requirement to be submitted to the  
          Department of Resources, Recovery, and Recycling, as  
          specified; and (2) clarify that the provisions of the bill  
          do not conflict with the Federal Trade Commission Guides  
          for the Use of Environmental Marketing Claims.

           ANALYSIS  :    Under existing law, the California Integrated  
          Waste Management Act of 1989:

          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."  

          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.  

          3. Sets procedures for the California Integrated Waste  
             Management Board which has been abolished and replaced  
             as the Department of Resources Recovery and Recycling  
             (DRRR) to review a new ASTM standard specification or  
             other standard developed by another entity.  

          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. 


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          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.

             C.    Specifies that a bag smaller than 14 inches by 14  
                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.

           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 [conventional] plastic bags.  The  
          author's office 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's office the use of compostable  
          bags is increasing, leading local governments to establish  

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          organics separation and composting.  Currently, there is no  
          way to 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 intends 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. 

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

          According to the Assembly Appropriations Committee this  
          bill has no state costs.

           SUPPORT  :   (Verified  8/24/10) 

          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

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          Metabolix, Inc.


           ASSEMBLY FLOOR  : 
          AYES: Ammiano, Arambula, Bass, Beall, Bill Berryhill, Tom  
            Berryhill, Block, Blumenfield, Bradford, Brownley,  
            Buchanan, Caballero, Charles Calderon, Carter, Chesbro,  
            Coto, Davis, De La Torre, De Leon, Eng, Evans, Feuer,  
            Fletcher, Fong, Fuentes, Galgiani, Garrick, Gatto,  
            Gilmore, Hayashi, Hernandez, Hill, Huber, Huffman, Jones,  
            Lieu, Bonnie Lowenthal, Ma, Mendoza, Monning, Nava, V.  
            Manuel Perez, Portantino, Ruskin, Salas, Saldana,  
            Skinner, Solorio, Swanson, Torlakson, Torres, Torrico,  
            Villines, Yamada, John A. Perez
          NOES: Adams, Anderson, Conway, Cook, DeVore, Fuller,  
            Gaines, Hagman, Harkey, Jeffries, Knight, Logue, Miller,  
            Nestande, Niello, Nielsen, Norby, Silva, Smyth, Audra  
            Strickland, Tran
          NO VOTE RECORDED: Furutani, Hall, Vacancy, Vacancy


          TSM:do  8/24/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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