BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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                                 THIRD READING


          Bill No:  SB 568
          Author:   Lowenthal (D) et al.
          Amended:  4/14/11
          Vote:     21

           
           SENATE ENVIRONMENTAL QUALITY COMMITTEE  :  5-2, 4/4/11
          AYES:  Simitian, Hancock, Kehoe, Lowenthal, Pavley
          NOES:  Strickland, Blakeslee


           SUBJECT  :    Recycling:  polystyrene food containers

           SOURCE  :     Clean Water Action California


           DIGEST  :    This bill prohibits a food vendor, on and after 
          January 1, 2013, from dispensing prepared food to a 
          customer in a polystyrene foam food container and would 
          define related terms.

           Senate Floor Amendments  of 4/14/11 move the implementation 
          date from January 1, 2013 to January 1, 2014 and establish 
          an implementation date for school districts to comply 
          beginning January 1, 2015.

           ANALYSIS  :    Existing law requires all rigid plastic 
          bottles and rigid plastic containers sold in the state to 
          be labeled with a code that indicates the resin used to 
          produce the rigid plastic bottle or rigid plastic 
          container.  The California Integrated Waste Management Act 
          of 1989, administered by the Department of Resources 
          Recycling and Recovery, requires every rigid plastic 
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          packaging container, as defined, sold or offered for sale 
          in this state to generally meet one of specified criteria.

          This bill:  

          1. Prohibits, on and after January 1, 2014, a food vendor 
             from dispensing prepared food to a customer in a 
             polystyrene foam food container, however school 
             districts will not have to comply until January 1, 2015.

          2. Defines "polystyrene foam food container" to mean a 
             container made of thermoplastic petrochemical material 
             utilizing the styrene monomer, that is used or intended 
             to be used to hold prepared food, and meets all of the 
             following conditions: 

             A.    Polystyrene is the sole resin used to produce 
                the rigid plastic packaging container. 

             B.    The container is required to be labeled with a 
                "6" pursuant to Public Resources Code Section 
                18015(a). 

             C.     Includes, but is not limited to, a cup, bowl, 
                plate, tray, or clamshell container that is 
                intended for single use. 

          3. Defines "food vendor" to mean a food facility, as 
             defined in Health and Safety Code Section 113789, 
             including, but not limited to, a restaurant or retail 
             food and beverage vendor located or operating within the 
             state.  A food vendor also includes, but is not limited 
             to, an itinerant restaurant, pushcart, vehicular food 
             vendors, a caterer, a cafeteria, a store, a shop, a 
             sales outlet, or other establishment, including a 
             grocery store or a delicatessen. 

          4. Excludes from the definition of "food vendor" 
             correctional facilities, including, but not limited to, 
             a state prison, county jail, facility of the Division of 
             Juvenile Justice, county- or city-operated juvenile 
             facility, including juvenile halls, camps, or schools, 
             or other state or local correctional institution. 


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          5. Defines "prepared food" to mean food as defined in 
             Health and Safety Code Section 109935, including a 
             beverage that is served, packaged, cooked, chopped, 
             sliced, mixed, brewed, frozen, squeezed, or otherwise 
             prepared for consumption that may be eaten on or off the 
             premises.  Prepared food includes "ready-to-eat food," 
             as defined in Section 113881. 

          6. Excludes from the definition of "prepared food" raw, 
             butchered meats, fish, or poultry that is sold from a 
             butcher case or a similar retail appliance. 

          7. Does not preempt the authority of a local jurisdiction 
             to adopt and enforce additional single-use food 
             packaging ordinances, regulations, or policies that are 
             more restrictive than those in this bill. 

           Comments
           
          According to the author, expanded polystyrene (EPS) poses 
          significant problems in our waterways, storm drains and 
          marine environment.  It breaks down into small pieces, is 
          lightweight and easily dispersible.  It constitutes 15 
          percent of litter and is a problem in many areas.  
          Forty-seven jurisdictions in California have banned EPS 
          food containers.

          According to the Senate Environmental Quality Committee 
          analysis, almost 90 percent of floating marine debris is 
          plastic.  Due to its durability, buoyancy, and ability to 
          accumulate and concentrate toxins present in the ocean, 
          plastic is especially harmful to marine life.  EPS is a 
          large portion of ocean and waterway debris for the same 
          reason it is used as packaging; it is light weight, durable 
          and water resistant.  EPS, like other plastics, does not 
          biodegrade, but will break into smaller pieces.

           Pending/Previous Legislation
           
          SB 567 (DeSaulnier) replaces existing definitions and 
          provisions relating to plastic bags and containers and 
          replaces those with definitions and provisions related to 
          plastic products labeled as "compostable" or "marine 
          degradable."  The product cannot use those terms unless it 

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          meets those ASTM standard specifications or an adopted 
          standards, or unless the plastic product is labeled with a 
          qualified claim, and the plastic product meets that 
          standard.  The bill prohibits the sale of a plastic product 
          that is labeled as "biodegradable," "degradable," 
          "decomposable," or any form of those terms.  This bill 
          passed the Environmental Quality Committee with a 5-2 vote 
          on April 4, 2011 and is now in Senate Appropriations 
          Committee.

          AB 904 (Feuer) of 2008 would have prohibited a takeout food 
          provider from distributing single-use food service 
          packaging to a consumer after July 1, 2012, unless the 
          single-use food service   packaging is either compostable 
          or recyclable packaging as defined.  This bill died in the 
          Senate Appropriations Committee. 

          AB 1329 (Brownley) of 2009 would have prohibited the sale 
          and distribution of rigid polyvinyl chlorine packaging 
          containers.  This bill was amended on the Senate Floor to 
          address another policy matter.
           
          AB 1358 (Hill) of 2009 would have prohibited a food vendor 
          from dispensing prepared food to a customer in a disposable 
          polystyrene food container, a disposable nonrecyclable 
          plastic food container, or a disposable nonrecycled content 
          paper container.  It would have allowed a food vendor to 
          distribute prepared food in a compostable plastic container 
          in a jurisdiction where organic waste is collected curbside 
          for composting.  This bill was amended on the Assembly 
          Floor to address another policy matter.

          AB 2138 (Chesbro) of 2010 would have prohibited a food 
          provider from distributing disposable food service 
          packaging, including bags, to a consumer unless it is 
          either compostable or recyclable, as defined.  AB 2138 
          would have also prohibited a food provider from 
          distributing disposable food service packaging, including 
          bags, to a consumer, unless the Department of Resources 
          Recycling and Recover determines the disposable food 
          service packaging is recovered for composting or recycling 
          at a rate of 25 percent or more.  This bill died in the 
          Assembly Appropriations Committee.


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

           SUPPORT  :   (Verified  4/26/11)  

          Clean Water Action California (source)
          American Federation of State, County and Municipal 
          Employees
          Be Green Packaging, LLC
          Biosphere Industries
          Breast Cancer Fund
          California Coastal Commission
          California Resource Recovery Association
          Californians Against Waste
          Central Contra Costa Solid Waste Authority
          City and County of San Francisco
          City of Encinitas
          City of Monterey
          City of Richmond
          Defenders of Wildlife
          Endangered Habitats League
          Environment California
          Greenleaf Project Management
          Heal the Bay
          Institute for Local Self-Reliance 
          Kennon B. Raines (individual)
          Los Angeles County Board of Supervisors
          Los Angeles County Solid Waste Management Committee / 
          Integrated Waste Management Task Force
          Malibu Surfing Association
          Marin Sanitary Service
          Napa Recycling and Waste Services
          Orange County Interfaith Coalition for the Environment
          Sacramento Unified School District, Superintendent
          Santa Clara County Board of Supervisors
          Save Our Shores
          Seventh Generation Advisors
          Sierra Club California
          The Plastic Pollution Coalition
          The Valley Women's Club
          The Watershed Project
          World Centric

           OPPOSITION  :    (Verified  4/26/11) 

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          American Chemistry Council
          California Chamber of Commerce
          California Film Extruders and Converters Association
          California Grocers Association
          California Manufacturers & Technology Association
          California Restaurant Association
          Dart Container Corporation
          Food Service Packaging Institute
          Industrial Environmental Association
          Oxnard Chamber of Commerce
          Practiv Corporation
          Society of the Plastics Industry
          The Dardanelle Group

           ARGUMENTS IN SUPPORT  :    Supporters generally contend that 
          due to its ubiquitous nature and inherent properties, EPS 
          poses a host of environmental and public health problems 
          including marine pollution, human health impacts of styrene 
          during production and lack of sustainable recovery and 
          recycling opportunities.  They also cite the high cost to 
          local governments to meet the various trash Total Maximum 
          Daily Loads (TMDL's), of which many are currently required 
          to implement with more likely to be imposed in the future.  
          Many of the 47 jurisdictions who have implemented ESP food 
          container bans are in the areas with existing trash TMDLs 
          or those that may be facing one in the future. 

           ARGUMENTS IN OPPOSITION  :    Groups in opposition generally 
          content that banning EPS food containers will not reduce 
          litter and that while EPS litter might decline, it could 
          also be replaced with litter from the alternative packaging 
          materials.  They also contend the EPS is the best material 
          for food packaging as it is light weight, manages heat/cold 
          well and is inexpensive.  They also point to the 
          recyclability of EPS and the new products such building 
          supplies (e.g. baseboards, moldings) that are using 
          recycled EPS.


          DLW:do  4/26/2011   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE


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