BILL NUMBER: SB 228	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JANUARY 25, 2010
	AMENDED IN SENATE  MAY 7, 2009
	AMENDED IN SENATE  APRIL 13, 2009

INTRODUCED BY   Senator DeSaulnier

                        FEBRUARY 23, 2009

   An act to add  Section   Sections 40116.5 and
 42357.5 to the Public Resources Code, relating to plastic
bags.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 228, as amended, DeSaulnier. Plastic bags: compostable plastic
bags.
   The California Integrated Waste Management Act of 1989,
administered by the  California Integrated Waste Management
Board   Department of Resources Recycling and Recovery
 , prohibits a person from selling a plastic bag in this state
that is labeled with the term "compostable" or "marine degradable"
unless, at the time of sale, the plastic bag meets specified
standards for those types of bags.
   This bill would require, beginning July 1,  2010,
  2011,  a manufacturer of a compostable plastic
bag meeting those standards to ensure that the compostable plastic
bag is  readily and easily identifiable  
"readily and easily identifiable," as the bill would define that
term,  from other plastic bags.  The bill would define
"readily and easily identifiable," to include labeling with a
boardapproved certification logo.  The bill would prohibit a
compostable plastic bag sold in the state from displaying a chasing
arrow resin identification code or recycling type of symbol in any
form. The bill would require the manufacturers or suppliers of
compostable  plastic  bags to submit a yearly report to the
 board   department  containing certain
information  ,   and  subject those
manufacturers or suppliers to audit by the  board, and
require the board to refer a false or misleading certification or
other information reported by those manufacturers or suppliers to the
Attorney General for prosecution   department  .
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 40116.5 is added to the 
 Public Resources Code   , to read:  
   40116.5.  "Department" means the Department of Resources Recycling
and Recovery. 
   SECTION 1.   SEC. 2.   Section 42357.5
is added to the Public Resources Code, to read:
   42357.5.  (a) Beginning July 1,  2010,  
2011,  a manufacturer of a compostable plastic bag meeting an
ASTM standard specification specified in paragraph (1) of subdivision
(b) of Section 42356 or Section 42356.1 shall ensure that the
compostable plastic bag is readily and easily identifiable from other
plastic bags.
   (b) For purposes of this section, "readily and easily identifiable"
means labeling that meets both of the following requirements:
   (1) Labeled with a  boardapproved  certification
logo indicating the bag meets the ASTM D6400 standard specification
if the bag has been certified as meeting that standard  by a
recognized third-party independent verification  .
   (2) Labeled in accordance with one of the following:
   (A) The bag is made of a uniform color of green and labeled with
the word "compostable" on one side of the bag, and the label shall be
at least one inch in height.
   (B) Labeled with the word "compostable" on both sides of the bag
and the label shall be one of the following:
   (i) Green color lettering at least one inch in height.
   (ii) Within a contrasting green color band of at least one inch in
height on both sides of the bag with color contrasting lettering of
at least one-half inch in height. 
   (c) Notwithstanding paragraph (2) of subdivision (b), if the bag
is smaller than 14 inches by 14 inches, the lettering and stripe
shall be in proportion to the size of the bag.  
   (c) 
    (d)  A compostable plastic bag sold in the state shall
not display a chasing arrow resin identification code or recycling
type of symbol in any form. 
   (d) 
    (e)  (1) Each manufacturer or supplier of a compostable
 plastic  bag shall submit a report to the  board
  department containing the certification required
by this section for the preceding calendar year, together with any
other information that the  board   department
 may require.  The department shall retain the reports and a
list of manufacturers or suppliers that have fulfilled the
requirements of this section. The department shall make the reports
available to the public upon request. 
   (2) Each manufacturer or supplier required to provide
certification or any information pursuant to this section 
shall   may  be subject to audit by the 
board   department  .
    (3) If a manufacturer or supplier provides the board with
a false or misleading certification or other information, the board,
within 30 days of determining that fact, shall refer the false or
misleading certification to the Attorney General for prosecution for
fraud.