BILL ANALYSIS Ó
SB 567
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator S. Joseph Simitian, Chairman
2011-2012 Regular Session
BILL NO: SB 567
AUTHOR: DeSaulnier
AMENDED: As introduced
FISCAL: Yes HEARING DATE: April 4, 2011
URGENCY: No CONSULTANT: Randy Pestor
SUBJECT : PLASTIC CONTAINERS
SUMMARY :
Existing law , under the California Integrated Waste Management
Act of 1989:
1) Prohibits a plastic bag from being sold that is labeled
"compostable" or "marine biodegradable" unless the plastic
bag meets certain American Society for Testing and
Materials (ASTM) standards, and prohibits a plastic bag
from being sold that is labeled with the term
"biodegradable," "degradable," or "decomposable," or any
form of those terms. Certain related provisions, including
definitions and penalties, are specified. (Public
Resources Code §42355 et seq.).
2) Prohibits a food or beverage container from being sold that
is labeled "compostable" or "marine biodegradable" unless
the food or beverage container meets certain ASTM
standards, and prohibits a food or beverage container from
being sold that is labeled with the term "biodegradable,"
"degradable," or "decomposable," or any form of those
terms. Certain related provisions, including definitions
and penalties, are specified. (§42359 et seq.).
This bill :
1) Repeals the above plastic bag provisions.
2) Retains the above food or beverage container provisions.
3) Prohibits a plastic product from being sold that is labeled
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"compostable" or "marine biodegradable" unless the plastic
bag meets certain ASTM standards, and prohibits a plastic
product from being sold that is labeled with the term
"biodegradable," "degradable," or "decomposable," or any
form of those terms. Certain related provisions, including
definitions and penalties, are specified. Provisions
relating to the adoption of a standard different from that
ASTM standard are specified and are more general than those
in current law.
4) Contains related legislative intent.
COMMENTS :
1) Purpose of Bill . According to the author, under current
law "manufacturers of plastic bags and food packaging
cannot claim that their products are 'biodegradable' and
can only claim their products are 'compostable' if they
meet the ÝASTM] scientific technical standard for
'compostability,' ASTM D6400. Currently there are no
restrictions on end-of-life claims for plastic products,
excluding plastic bags and food packaging. Many plastic
products that are currently sold in California claim to be
'biodegradable,' even though there is no technical standard
to test against that term and numerous studies have shown
that even 'compostable' plastic does quickly break down in
the environment as one would expect a 'biodegradable'
product to. Additionally, some plastic products are
claiming to be 'compostable' even though they do not meet
the technical standard for compostability, making the
material unacceptable in composting facilities."
The author also notes that "SB 567 will expand the scope of
the current labeling restrictions for plastic bags and food
packaging in Public Resources Code Sections 42357-42359 to
all plastic products: specifically manufacturers would be
prohibited from claiming their plastic products are
'biodegradable' and could only claim they are 'compostable'
if it meets the relevant technical standard."
SB 567 repeals the existing plastic bag provisions and adds
new provisions for plastic products, along with
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definitions, penalties, and ASTM review procedures.
2) Opposition and support concerns . The Plastics
Environmental Council (PEC) is opposed to "prohibiting a
company from marketing their plastic product as
'biodegradable'" and " . . . not Ýproviding] a mechanism
for the properly qualified marketing as biodegradable of
those plastic products that exhibit significant (10-40%)
biodegradation in a matter of months in anaerobic
environments such as landfills . . ." According to PEC,
"The technology that makes this possible is based on the
addition of novel materials in very small amounts, about
0.5-2.0% by weight, to an otherwise conventional petroleum
derived plastic resin . . ." and "These additives promote
the biochemical degradation of the base plastics primarily
in an anaerobic landfill environment . . ."
In supporting SB 567, the American Chemistry Council believes
this bill "will help reduce consumer confusion over the
misuse of labeling terms such as 'bio-degradable' on
packaging and products and thereby help prevent potential
contamination and degradation of the existing plastics
recycling stream." The Council also notes that
"unsubstantiated claims of biodegradability of products and
packaging also have the potential to increase litter."
According to Californians Against Waste, "SB 567 will help
consumers and businesses make accurate product choices by
requiring manufacturers be truthful and specific about
end-of-life capabilities of their products."
3) Related requirements and legislation . SB 951 (Hart)
Chapter 1076, Statutes of 1993, enacted the Plastic Trash
Bag Law to require recycled plastic postconsumer material
in certain types of plastic trash bags. SB 698 (Rainey)
Chapter 44, Statutes of 1998, revised various procedures
relating to these provisions to enable postconsumer
materials to be in other plastic products of the
manufacturer. In response to concerns about manufacturers
that violate the law, SB 698 added a debarment provision
that made these violators ineligible for state contract
awards until they comply with the requirements and
prohibits the state from soliciting offers from, or
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awarding contracts to, those firms. SB 698 also required
the California Integrated Waste Management Board to publish
a list of violators.
SB 1749 (Karnette) Chapter 619, Statutes of 2004, prohibited
persons from selling a plastic bag labeled as
"compostable," "biodegradable," "degradable," or any form
of those terms, unless the plastic bag meets certain
requirements. AB 1023 (DeSaulnier) Chapter 143, Statutes
of 2007, exempts these bags from the Plastic Trash Bag Law.
AB 2147 (Harman) Chapter 349, Statutes of 2006, prohibited
persons from selling plastic food and beverage containers
labeled as "compostable," "biodegradable," "degradable," or
any form of those terms, unless the containers meet certain
requirements.
AB 2071 (Karnette) Chapter 570, Statutes of 2008 set penalties
for violations of the SB 1749 plastic bag requirements and
the AB 2147 food and beverage container requirements.
AB 1972 (DeSaulnier) Chapter 436, Statutes of 2008, revised
prohibited actions under the plastic bag, as well as the
food and beverage container, requirements, while revising
definitions and providing for review of changing ASTM
standards.
SB 228 (DeSaulnier) Chapter 406, Statutes of 2010, requires a
compostable plastic bag manufacturer meeting certain
standards to ensure that the compostable plastic bag is
"readily and easily identifiable" (as defined in this bill)
from other plastic bags, in a manner that is consistent
with the Federal Trade Commission Guides for the Use of
Environmental Marketing Claims.
SB 1454 (DeSaulnier) of 2010 was similar to SB 567, except
that SB 567: a) does not repeal the existing food and
beverage provisions (Public Resources Code §42359 et seq.),
and b) clarifies a cross-reference under §42358(c).
According to Governor Schwarzenegger in vetoing SB 1454, "I
have signed into law the author's SB 228, which requires
manufacturers of compostable plastic bags meeting specific
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American Society for Testing Materials (ASTM) standards to
ensure that the bag is readily and easily identifiable from
other plastic bags. I think that bill represents a
reasonable next step in providing information to the
consumer and recyclers about the differences in
biodegradable products. I am concerned about the much more
expansive universe of plastic products that this bill would
regulate and the unforeseen consequences that could result
from such a vast expansion."
4) Clarification needed . SB 567 repeals current plastic bag
provisions (Public Resources Code §42355 et seq.), but does
not repeal existing food and beverage container provisions
(§42359 et seq.). Since SB 567 covers food and beverage
products, the current provisions relating to these products
should also be repealed (as they were in SB 1454
(DeSaulnier) of 2010).
SOURCE : Californians Against Waste
SUPPORT : American Chemistry Council
California Resource Recovery Association
OPPOSITION : Plastics Environmental Council