BILL ANALYSIS
AB 2138
Page 1
Date of Hearing: April 12, 2010
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Wesley Chesbro, Chair
AB 2138 (Chesbro) - As Amended: April 5, 2010
SUBJECT : Product management: single-use recyclable packaging
containers.
SUMMARY : Enacts the Plastic Ocean Pollution Reduction,
Recycling, and Composting Act, (Act) which prohibits a food
provider from distributing disposable food packaging (including
take-out bags) unless the packaging is compostable or
recyclable.
EXISTING LAW :
1)Under the federal Marine Plastic Pollution Research and
Control Act of 1987 (Public Law 100-220, Title II) prohibits
the at-sea disposal of plastic and other solid materials for
all navigable waters within the United States. The law also
requires the US Environmental Protection Agency (EPA), the
National Oceanic and Atmospheric Administration, and the US
Coast Guard to jointly conduct a public education program on
the marine environment.
2)Requires the EPA to develop a National Marine Debris
Monitoring Program designed to assess the effectiveness of the
current national marine debris legislation. Monitoring under
this program takes place at designated beaches every 28 days.
3)Under the California Beverage Container Recycling and Litter
Reduction Act of 1986 (commencing with Public Resources Code
Section 14500) provides funding and education programs to
reduce beverage container litter.
4)Under the Integrated Waste Management Act of 1989 (IWMA)
(commencing with Public Resources Code Section 40000) requires
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.
5)Under the federal Clean Water Act [33 U.S.C. Section
1313(d)(1)] requires the state to identify a list of impaired
water-bodies and develop and implement Total Maximum Daily
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Loads (TMDLs) for impaired water bodies.
6)Under the Porter Cologne Water Quality Control Act (commencing
with Water Code Section 13000) regulates discharges of
pollutants in storm water and urban runoff by regulating,
through the National Pollution Discharge Elimination System
(NPDES), industrial discharges and discharges through the
municipal storm drain systems.
THIS BILL :
1)Defines terms used in the Act, including:
a) "Compostable packaging" as a material that meets the
compostability standard established by the American Society
for Testing Materials; is accepted back for composting by
the food provider, is accepted for composting in a
residential collection program available to at least 75% of
the households; and is recovered for composting at a rate
of 25% or more.
b) "Recyclable packaging" as a material that is accepted
for recycling in residential curbside collection programs
available to at least 75% of the households in the state;
is accepted back for recycling by the food provider; or is
recovered for recycling at a rate of 25% or more.
c) "Food provider" as any establishment that provides
prepared food for public consumption on or off premises.
d) "Prepared food" as any ready-to-consume food or beverage
prepared on the food provider's premises.
2)Prohibits, on an after July 1, 2011 until July 1, 2013, a food
provider from distributing disposable food service packaging,
including bags, to a consumer unless it is either compostable
or recyclable, as defined.
3)Prohibits, on and after July 1, 2013, 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% or more.
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FISCAL EFFECT : Unknown
COMMENTS :
1)Background
According to EPA, marine debris has become a problem along
shorelines, 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 the 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 oceans, and 90% of it is plastic.
When debris from the land reaches the beaches and ocean, marine
life is often threatened because they confuse the debris for
food. Small pieces of preproduction plastic, plastic cups,
bags, and cigarette filters are often found in the stomachs of
fish, birds, whales, and other marine creatures. Recent
studies by the Algalita Marine Research Foundation and the
Southern California Coastal Water Research Project have found
that the average mass of plastics in the seawater off the
coast of Long Beach is 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 over
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.
2)This bill
By encouraging recycling and composting, this bill may reduce
the amount of solid waste entering the state's landfills.
California law requires local governments to divert 50% of the
solid waste generated from disposal. In 2005, California
reached this goal by diverting 52% of the waste stream;
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however, the state continues to dispose of approximately 43
million tons annually. Generation of solid waste has
continued to increase with population growth and increased use
of disposable items; California's current disposal tonnage is
only one million tons below the 1989 level.
According to the CIWMB's 2006 report, Waste Disposal and
Diversion Findings for Selected Industry Groups, fast food
restaurant waste is comprised of nearly 50% paper, 39% food,
and approximately 8% plastic. While these facilities recycle
nearly 80% of the paper, only 13.5% of food and 0.5% of
plastic were diverted from the landfill. This bill attempts
to address this discrepancy.
Although the potential for litter would not be reduced by
requiring packaging to be made from recyclable or compostable
materials, requiring the use of compostable packaging will
encourage takeout food providers to switch to packaging that
would degrade in the marine environment and protect marine
life.
3)Suggested amendment
This bill is intended to cover packaging and bags distributed by
food providers to contain prepared food. The author may wish
to amend the definition of "single-use carryout bag" to
clarify that it is limited to bags used for this purpose.
REGISTERED SUPPORT / OPPOSITION :
Support
American Federation of State, County and Municipal Employees,
AFL-CIO
City and County of San Francisco
Planning and Conservation League
Sierra Club California
Opposition
American Chemistry Council
Biodegradable Products Institute
California Chamber of Commerce
California Film Extruders and Converters Association
California Grocers Association
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California Restaurant Association
California Retailers Association
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Cereplast
Heritage Bag Company
Metabolix
Pactiv Corporation
Analysis Prepared by : Elizabeth MacMillan / NAT. RES. / (916)
319-2092