BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 567|
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UNFINISHED BUSINESS
Bill No: SB 567
Author: DeSaulnier (D)
Amended: 9/1/11
Vote: 21
SENATE ENVIRONMENTAL QUALITY COMMITTEE : 5-2, 04/04/11
AYES: Simitian, Hancock, Kehoe, Lowenthal, Pavley
NOES: Strickland, Blakeslee
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SENATE FLOOR : 21-13, 06/01/11
AYES: Alquist, Blakeslee, Calderon, Corbett, De León,
DeSaulnier, Evans, Hancock, Harman, Hernandez, Kehoe,
Leno, Lieu, Liu, Lowenthal, Padilla, Price, Simitian,
Steinberg, Wright, Yee
NOES: Anderson, Berryhill, Cannella, Correa, Dutton,
Emmerson, Fuller, Gaines, Huff, La Malfa, Strickland,
Walters, Wyland
NO VOTE RECORDED: Negrete McLeod, Pavley, Rubio, Runner,
Vargas, Wolk
ASSEMBLY FLOOR : Not available
SUBJECT : Recycling: plastic products
SOURCE : Californians Against Waste
DIGEST : This bill repeals current law concerning the sale
of plastic bags which have to meet various standards and
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instead, as of January 1, 2013, prohibit the sale of a
plastic product, as defined, labeled as "compostable,"
"home compostable," or "marine degradable" unless it meets
those American Society for Testing and Materials (ASTM)
standard specifications, the OK Compost HOME certification,
as specified, 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.
This bill prohibits the sale of a plastic product that is
labeled as "biodegradable," "degradable," "decomposable,"
or as otherwise specified. The bill provides for the
continuation of the labeling requirements imposed upon a
manufacturer of a compostable plastic bag. This bill
provides for the imposition of a civil penalty for a
violation of those prohibitions.
ANALYSIS : 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 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.Prohibits a plastic product from being sold that is
labeled "compostable," "home compostable," or "marine
biodegradable" unless the plastic product meets certain
ASTM standards or the Vincotte OK Compost Home
certification.
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2.Defines "plastic product" as a product made of plastic,
alone or in combination with other material. A plastic
product includes, but is not limited to, any of the
following:
A. A consumer product (i.e., a product or part of a
product that is used, bought, or leased for use by a
person for any purpose);
B. A package or a packaging component;
C. A bag, sack, wrap, or other thin plastic sheet film
product; or,
D. A food or beverage container or a container
component, including, a straw, lid, or utensil.
1.Prohibits a plastic product from being sold that is
labeled with the term "biodegradable," "degradable," or
"decomposable," or any form of those terms, or in any way
imply that the plastic product will break down, fragment,
biodegrade, or decompose in a landfill or other
environment.
2.Require a manufacturer of a plastic bag covered by the
bill to ensure that the bag is "readily and easily
identifiable from other plastic bags" consistent with the
Federal Trade Commission Guides for the Use of
Environmental Marketing Claims.
3.Prohibits a compostable bag from being labeled with the
"chasing arrow" resin identification code or a recycling
symbol of any form.
4.Imposes civil liability of $500 for the first violation
of these laws, $1,000 for the second violation, and
$2,000 for the third and any subsequent violation.
5.Specifies that the bill goes into effect on January 1,
2013.
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
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 Assembly Appropriations Committee:
1.Minor, absorbable ongoing costs to the Department of
Resources Recycling and Recovery (DRRR) to review
standards. (Integrated Waste Management Fund (IWMF))
2.Potential minor, absorbable ongoing costs to DRRR to
adopt standards and make recommendations to the
Legislature. (IWMF)
3.Potential ongoing costs to DRRR of an unknown amount, but
possibly in the tens of thousands of dollars annually, to
enforce and oversee implementation of the bill's
provisions. (IWMF)
4.Unknown ongoing General Fund (GF) costs, likely not
significant, to the Attorney General to enforce the
provisions of this bill. (GF)
5.Unknown ongoing revenue from imposition of civil
penalties. (GF)
SUPPORT : (Verified 9/7/11)
Californians Against Waste (source)
American Chemistry Council
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Association of Postconsumer Plastic Recyclers
Biodegradable Plastics Institute
California Resource Recovery Association
Cereplast
City and County of San Francisco
City of Oakland
Heritage Bag
Heritage Plastics
Marin County Hazardous and Solid Waste Management Joint
Powers Authority
Metabolix, Inc.
NatureWorks
Solid Waste Association of North America
ARGUMENTS IN SUPPORT : According to the author's office,
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.
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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
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 9/7/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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