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: 1/25/10
Vote: 21
SENATE ENV. QUALITY COMMITTEE : 5-2, 5/4/09
AYES: Simitian, Corbett, Hancock, Lowenthal, Pavley
NOES: Runner, Ashburn
SENATE APPROPRIATIONS COMMITTEE : 6-3, 1/21/10
AYES: Kehoe, Corbett, Leno, Liu, Price, Yee
NOES: Cox, Denham, Walters
SUBJECT : Plastic bags: compostable or marine degradable
plastic bags
SOURCE : Biodegradable Products Institute
DIGEST : This bill, beginning July 1, 2011, (1) requires
manufacturers of compostable plastic bags to ensure that
the bag is readily identifiable by consumers, (2) requires
manufacturers to submit reports to the state showing that
their bags meet specified certification, and (3) allows the
Department of Resources, Recovery and Recycling to audit
manufacturers to ensure compliance with reporting
requirements.
ANALYSIS : Under existing law, the California Integrated
Waste Management Act of 1989:
CONTINUED
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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
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 which has been abolished and replaced
as the Department of Resources Recovery and Recycling
(department) to review a new ASTM standard specification
or other standard developed by another entity. (Section
42356.1).
This bill:
1. Requires, starting 7/1/11, 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 certification logo indicating the
bag meets the ASTM D6400 standard specification if
the bag certified as meeting that standard, by a
recognized third-party independent verification.
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
plastic bag to submit a report to the department
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containing the certification for the preceding calendar
year, together with any other information required by
the department.
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 department.
6. Requires the department to retain the reports and a list
of manufacturers or suppliers that have fulfilled the
requirements in this bill, and to also make the reports
available to the public upon request.
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
According to the Senate Appropriations Committee analysis:
Fiscal Impact (in thousands)
Major Provisions 2009-10 2010-11
2011-12 Fund
Staffing costs $650 Special*
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*California Integrated Waste Management Account
SUPPORT : (Verified 1/25/10)
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 1/25/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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