BILL ANALYSIS Ó AB 2579 Page 1 Date of Hearing: April 18, 2016 ASSEMBLY COMMITTEE ON NATURAL RESOURCES Das Williams, Chair AB 2579 (Low) - As Amended April 13, 2016 SUBJECT: Food service packaging products: study SUMMARY: Requires the Department of Resources Recycling and Recovery (CalRecycle) to conduct a study to establish baseline data relating to food service packaging. EXISTING LAW: 1)Requires, under the Integrated Waste Management Act of 1989 (IWMA), cities and counties to divert 50% of their solid waste by 2000. The IWMA provides various programs to reduce litter and educate consumers about the importance of recycling. 2)Provides, under the California Beverage Container Recycling and Litter Reduction Act of 1986, funding and education programs to reduce beverage container litter. 3)Prohibits a person from selling a plastic bag or a plastic food or beverage container that is labeled as "compostable" or "marine degradable" unless that plastic bag or container meets American Society for Testing and Materials standards or a standard adopted by CalRecycle. AB 2579 Page 2 THIS BILL: 1)On or before January 1, 2018, requires CalRecycle to conduct a study to establish baseline data relating to food service packaging for their customers for food that is prepared onsite. 2)Specifies that the study contain the following: a) The amount of food service packaging, by material type, used in California and the disposition of the products, including the percentages recycled, composted, and disposed and an estimate of the percentage littered; b) The facilities located in the state that accept food service packaging for recycling or composting, the cities they serve, and the infrastructure needed to increase the recycling rate; c) The current and potential markets for recycled and composted food service packaging materials; and, d) Barriers to increased recycling and composting of food service packaging and steps that may be taken to remove those barriers. FISCAL EFFECT: Unknown COMMENTS: AB 2579 Page 3 1)Plastic seas. Marine debris is a significant problem along shorelines and in coastal waters, estuaries, and oceans throughout the world. Marine debris can be life threatening to marine organisms and can adversely affect coastal communities and the fishing industry. In general, there are two types of marine debris that pollute our ocean and coastline in California. The first is from ocean sources, and includes waste discharged by ships, recreational boaters and fishermen, and offshore oil and gas exploration and production facilities. The second, and by far more environmentally destructive, type of marine debris is from land. This type of debris includes stormwater runoff, solid waste, floating structures, and poorly maintained garbage bins and is transmitted to the marine environment by waterways. Land-based litter constitutes nearly 80% of the marine debris found on our beaches and in our oceans, and 90% of it is plastic. A decade ago, this issue gained prominence when the Algalita Marine Research Foundation and the Southern California Coastal Water Research Project found that the average mass of plastics in the seawater off the coast of Long Beach was two and a half times greater than the average mass of plankton. After storms with excessive runoff, the mass of plastics is even greater. A similar study of seawater 1,000 miles west of San Francisco found the mass of plastics was six times the mass of plankton in drifts where marine animals congregate for feeding on plankton. In 2014, a global study of plastic pollution in the world's oceans estimated that 5.25 trillion particles weighing 268,940 tons are adrift in the sea. The North Pacific Central Gyre is the ultimate destination for much of the marine debris originating from the California coast. A study by the Algalita Marine Research Foundation found an average of more than 300,000 plastic pieces per square mile of the Gyre and that the mass of plastic was six times greater than zooplankton floating on the water's surface. Earlier this year, the Ellen MacArthur Foundation released a report at the World Economic Forum states that plastic production is AB 2579 Page 4 expected to double in the next 20 years, and quadruple by 2050. In spite of this growth in production, we only recycle about 5% worldwide and approximately one-third ends up in the ocean. The report gained headlines due to its prediction that by 2050, there will be more plastic than fish in the world's oceans. Most plastic marine debris exists as small plastic particles. Even large pieces of plastic break down into small particles due to photo-degradation. These plastic pieces are confused with small fish, plankton, or krill and ingested by aquatic organisms. Over 600 marine animal species have been negatively affected by ingesting plastic worldwide. Last year, scientists at the ARC Centre of Excellence for Coral Reef Studies at James Cook University found that corals are also ingesting small plastic particles, which remain in their small stomach cavities and impede their ability to consume and digest normal food. In addition to the physical impacts of plastic pollution, hydrophobic chemicals present in the ocean in trace amounts (e.g., from contaminated runoff and oil and chemical spills) have an affinity for, and can bind to, plastic particles where they enter and accumulate in the food chain. 2)Packaging disposal. In 2011, California established a 75% recycling goal statewide by 2020. In order to achieve the goal, CalRecycle identified six areas of focus: 1) Moving organics out of the landfill; 2) Continuing reform of the Beverage Container Recycling Program; 3) Expanding recycling and manufacturing infrastructure; 4) Exploring new models for state and local funding of materials management; 5) Promoting a state procurement policy for postconsumer recycled content products; and, 6) Promoting extended producer responsibility. Based on projected waste disposal, an additional 22 million tons of source reduction, recycling, and composting must occur in order to meet the 75% goal. CalRecycle staff estimates that packaging (generally, not limited to food service) AB 2579 Page 5 comprises about 9.5 million tons, or about 25% of California's disposed waste stream. 3)State and local actions to address plastic debris. In 2007, the Ocean Protection Council (OPC) adopted a resolution on "reducing and preventing marine debris." A year later, OPC released the Implementation Strategy for the [OPC] Resolution to Reduce and Prevent Ocean Litter, which established four broad objectives to reduce marine debris: 1) Reduce single-use packaging and promote sustainable alternatives; 2) Prevent and control litter and plastic debris; 3) Clean up and remove ocean litter; and, 4) Coordinate with other jurisdictions in the pacific region. In 2014, CalRecycle began a "manufacturer's challenge" to increase collection and recovery of packaging generated in California. The challenge is for packaging manufacturers, on an industry level, to achieve a goal of 50% reduction in packaging disposed in California by 2020. The challenge is focused on "priority packaging products," which include: uncoated corrugated cardboard; aseptic containers and cartons; other miscellaneous paper; plastic containers; degradable plastics; pouches; and, plastic films. CalRecycle held workshops with industry in 2015 and 2016, which included a discussion about how to develop a baseline for packaging generated in California by which to measure a 50% disposal reduction goal. Many local governments have adopted single-use plastic bag bans and polystyrene food packaging bans to curb plastic pollution. In California, there are approximately 65 local ordinances that ban polystyrene in restaurants, including Alameda, Marin County, San Mateo County, Monterey County, and Los Angeles County. California communities have adopted nearly 120 local ordinances banning single-use plastic bags. AB 2579 Page 6 4)Author's statement: "AB 2579, by requiring baseline data relating to food service packaging, will not only help capture the magnitude of food service packaging waste, but it will also provide baseline data to better provide the infrastructure for proper end-of-use waste management. " 5)Previous legislation: AB 904 (Feuer) of 2008 would have prohibited a takeout food provider from distributing single-use food service packaging to a consumer unless the single-use food service packaging is either compostable packaging or recyclable packaging as defined in the bill. This bill died in the Senate Appropriations Committee. AB 1329 (Brownley) of 2009 would have prohibited the sale or distribution of a rigid polyvinyl chloride packaging container. This bill was amended on the Senate Floor to address another policy matter. AB 1358 (Hill) of 2009 would have prohibited a food vendor, restaurant, or retail food vendor from dispensing prepared food to a customer in a disposable expanded polystyrene food container, a disposable nonrecyclable plastic food container, or a disposable nonrecycled paper container. The bill would have authorized a food vendor, restaurant, or retail food vendor to dispense prepared food in a compostable plastic container in a jurisdiction where organic waste is controlled curbside for composting and to dispense prepared food in a recyclable plastic container or a recycled paper container. This bill was amended on the Assembly Floor to address another policy matter. AB 2138 (Chesbro) of 2010 would have prohibited a food service provider from distributing a disposable food service packaging AB 2579 Page 7 or a single-use carryout bag, as defined, unless the packaging or bag meets the criteria for either compostable packaging of recyclable packaging. The bill would have prohibited a food provider from distributing a disposable food service packaging or a single-use carryout bag to a consumer, unless the department determines the packaging or bag is recovered for composting or recovered for recycling at a rate of twenty-five percent (25%) or more. This bill died in the Assembly Appropriations Committee. SB 568 (Lowenthal) would have prohibited a food vendor from dispensing prepared food to a customer in a polystyrene foam food container after January 1, 2016 (July 1, 2017 for school districts) unless the local government or school district adopted a recycling program that can recycle at least 60% of its polystyrene foam food containers. This bill failed passage on the Assembly Floor. REGISTERED SUPPORT / OPPOSITION: Support Californians Against Waste Opposition None on file AB 2579 Page 8 Analysis Prepared by:Elizabeth MacMillan / NAT. RES. / (916) 319-2092