BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 228
                                                                  Page  1

          Date of Hearing:   August 4, 2010

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                  SB 228 (DeSaulnier) - As Amended:  June 21, 2010 

          Policy Committee:                              Natural  
          ResourcesVote:7-1

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              No

           SUMMARY  

          As amended, this bill requires compostable plastic bag  
          manufacturers, effective July 1, 2011, to ensure that such bags  
          are readily identifiable and distinguishable from other plastic  
          bags by specified visual indicators, so long as such indicators  
          do not violate Federal Trade Commission requirements.

           FISCAL EFFECT  

          No state costs.

           COMMENTS  

           1)Rationale  .  The author notes the increased use of compostable  
            plastic bags, which can be collected along with other organic  
            waste for composting.   Yet, the author continues, there is  
            nothing to distinguish such bags from conventional,  
            nonbiodegradable plastic bags.  This is problematic, the  
            author claims, because consumers mistakenly place conventional  
            plastic bags in compost collection bins, which, because they  
            are nonbiodegradable, contaminate the compost material.  The  
            result, the author contends, is higher composting costs.  The  
            author concludes that the labeling specifications required by  
            this bill will allow consumers to readily distinguish between  
            compostable plastic bags and conventional plastic bags and  
            then to properly dispose of each type of bag.
           
          2)Calrecycle-Why Say What It Is If We Don't Say What It Does  ?   
            Previous versions of this bill required a compostable plastic  
            bag manufacturer to submit an annual report to Calrecycle that  
            demonstrate third-party certification of a bag's  








                                                                  SB 228
                                                                  Page  2

            compostability.  Recent amendments to the bill struck this  
            reporting requirement, thereby eliminating Calrecycle's  
            responsibility under the bill.  The bill continues, however,  
            to define "department" to mean Calrecycle, despite the lack of  
            departmental responsibility in the bill.  

            The committee should delete the bill's reference to  
            Calrecycle.

           Analysis Prepared by  :    Jay Dickenson / APPR. / (916) 319-2081