BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2579


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          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. 
           








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           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:  










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          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  








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            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)  








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            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.  










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          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  








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            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












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          Analysis Prepared by:Elizabeth MacMillan / NAT. RES. / (916)  
          319-2092