BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 228|
|Office of Senate Floor Analyses | |
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THIRD READING
Bill No: SB 228
Author: DeSaulnier (D)
Amended: 5/7/09
Vote: 21
SENATE ENV. QUALITY COMMITTEE : 5-2, 5/4/09
AYES: Simitian, Corbett, Hancock, Lowenthal, Pavley
NOES: Runner, Ashburn
SUBJECT : Plastic bags: compostable or marine degradable
plastic bags
SOURCE : Biodegradable Products Institute
DIGEST : This bill, beginning 7/1/10, requires a
manufacturer of a compostable plastic bag meeting the ASTM
D6400 standard to ensure that the compostable plastic bag
is readily and easily identifiable from other plastic bags,
as specified.
ANALYSIS : Under existing law, the California Integrated
Waste Management Act of 1989:
1. Defines American Society for Testing and Materials
(ASTM) "Standards for Compostable Plastics" and
"Standard Specification for Non-Floating Biodegradable
Plastics in the Marine Environment." (Public Resources
Code Section 42356).
2. Prohibits a person from selling a plastic bag in this
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state with the term "compostable" or "marine
biodegradable" unless the bag meets the above applicable
ASTM standard specification. (Section 42357).
3. Sets procedures for the California Integrated Waste
Management Board (CIWMB) to review a new ASTM standard
specification or other standard developed by another
entity. (Section 42356.1).
This bill:
1. Requires, starting 7/1/10, a manufacturer of a
compostable plastic bag meeting the ASTM D6400 standard
to ensure that the bag is readily and easily
identifiable from other plastic bags.
2. Defines "readily and easily identifiable" as being:
A Labeled with a CIWMB approved certification logo
indicating the bag meets the ASTM D6400 standard
specification if the bag has been cerified as
meeting that standard.
B A uniform green color bag labeled with the word
"compostable" on one side of the bag at least
one-inch in height, or labeled with the word
"compostable" on both sides of the bag meeting
certain requirements.
3. Prohibits a compostable bag sold in this state from
displaying a chasing arrow resin identification code or
recycling type of symbol in any form.
4. Requires each manufacturer or supplier of a compostable
bag to submit a report to the CIWMB containing the
certification for the preceding calendar year, together
with any other information required by the CIWMB.
5. Provides that each manufacturer or supplier required to
provide certification or any information pursuant to
this bill shall be subject to audit by the CIWMB.
6. Provides that if a manufacturer or supplier provides a
false or misleading certification or other information,
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within 30 days of determining that fact the CIWMB shall
refer the false or misleading certification to the
Attorney General for prosecution for fraud.
Comments
According to the author's office, "The use of compostable
bags is increasing, leading local governments to establish
organics separation and composting. Currently, there is no
way to visibly tell the difference between compostable,
marine degradable, and 'virgin' plastic bags." The
author's office notes that virgin plastic bags, also known
as conventional bags not made of recycled material and made
of first time use plastic pellets, get into the compost
stream and contaminate the compost leading to higher
processing costs.
According to the author's office, "This bill seeks to
remedy this by requiring bags that meet the compostable
standards as set in current law to be readily and easily
identifiable for the purposes of separating these bags from
'virgin' plastic bags in the recycling and composting
streams."
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 5/7/09)
Biodegradable Products Institute (source)
Californians Against Waste
California Film Extruders and Converters Association
Department of the Environment, City and County of San
Francisco
Heritage Bag Company
Metabolix, Inc.
TSM:do 5/8/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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