BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 567|
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THIRD READING
Bill No: SB 567
Author: DeSaulnier (D)
Amended: 4/11/11
Vote: 21
SENATE ENVIRONMENTAL QUALITY COMMITTEE : 5-2, 04/04/11
AYES: Simitian, Hancock, Kehoe, Lowenthal, Pavley
NOES: Strickland, Blakeslee
SUBJECT : Recycling: plastic products
SOURCE : Californians Against Waste
DIGEST : This bill repeals current law concerning the sale
of plastic bags or plastic food or beverage containers that
are labeled as "compostable" or "marine degradable" until
the meets various standards and instead prohibit the sale
of a plastic product, as defined, labeled as "compostable"
or "marine degradable" unless it meets those ASTM standard
specifications or a standard adopted by the department, or
unless the plastic product is labeled with a qualified
claim for which the department has adopted an existing
standard, and the plastic product meets that standard. The
bill would prohibit the sale of a plastic product that is
labeled as "biodegradable," "degradable," "decomposable,"
or as otherwise specified. The bill would provide for the
imposition of a civil penalty for a violation of those
prohibitions.
ANALYSIS : Existing law, under the California Integrated
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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.
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.
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 "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.
Related 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
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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 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.
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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
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."
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee, this bill
does not require the Department of Resources Recycling and
Recovery to actively enforce its provisions. Staff
estimates that the Department may incur minor costs to
review updated standards. There may also be minor costs to
enforce provisions of the bill, most likely driven by
public complaints. Those costs are likely to be
recoverable by the Department.
SUPPORT : (Verified 5/3/11)
Californians Against Waste (source)
American Chemistry Council
California Resource Recovery Association
City and County of San Francisco
Marin County Hazardous and Solid Waste Management Joint
Powers Authority
Solid Waste Association of North America
OPPOSITION : (Verified 5/3/11)
Plastics Environmental Council
ARGUMENTS IN SUPPORT : According to the author's office,
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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."
This bill repeals the existing plastic bag provisions and
adds new provisions for plastic products, along with
definitions, penalties, and ASTM review procedures.
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."
ARGUMENTS IN OPPOSITION : The Plastics Environmental
Council (PEC) is opposed to "prohibiting a company from
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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 . . ."
DLW:nl 5/3/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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