BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2579


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          ASSEMBLY THIRD READING


          AB  
          2579 (Low)


          As Amended  April 13, 2016


          Majority vote


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          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Natural         |9-0  |Williams, Jones,      |                    |
          |Resources       |     |                      |                    |
          |                |     |                      |                    |
          |                |     |Cristina Garcia,      |                    |
          |                |     |Gomez, Hadley,        |                    |
          |                |     |Harper, McCarty,      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |Mark Stone, Wood      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Appropriations  |20-0 |Gonzalez, Bigelow,    |                    |
          |                |     |Bloom, Bonilla,       |                    |
          |                |     |Bonta, Calderon,      |                    |
          |                |     |Chang, Daly, Eggman,  |                    |
          |                |     |Gallagher, Eduardo    |                    |
          |                |     |Garcia, Roger         |                    |
          |                |     |Hernández, Holden,    |                    |
          |                |     |Jones, Obernolte,     |                    |
          |                |     |Quirk, Santiago,      |                    |








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          |                |     |Wagner, Weber, Wood   |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
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          SUMMARY:  Requires the Department of Resources Recycling and  
          Recovery (CalRecycle) to conduct a study to establish baseline  
          data relating to food service packaging.  Specifically, 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  








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               those barriers.  


          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.  


           FISCAL EFFECT:  According to the Assembly Appropriations  
          Committee, this bill will result in the following costs: 


          1)Increased one-time contracting costs of approximately $350,000  
            for CalRecyle to acquire the data necessary to prepare the  
            report (general fund (GF) or special fund).


          2)Increased one-time costs of approximately $180,000 over a  
            two-year period for CalRecyle to analyze the data and prepare  
            the report (GF or special fund).


          COMMENTS:  










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          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 expected to double in the next 20  
          years, and quadruple by 2050.  In spite of this growth in  








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          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 Australian Research Council (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.


          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) comprises about 9.5  








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          million tons, or about 25% of California's disposed waste  
          stream.  


          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.  


          This bill.  By requiring baseline data relating to food service  








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          packaging, this bill is intended to help capture the magnitude  
          of food service packaging waste and provide baseline data to  
          better provide the infrastructure for proper end-of-use waste  
          management. 




          Analysis Prepared by:                                             
                          Elizabeth MacMillan / NAT. RES. / (916) 319-2092  
                                                                         
          FN: 0003181