BILL ANALYSIS
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
1454 (DeSaulnier)
Hearing Date: 05/10/2010 Amended: 04/26/2010
Consultant: Brendan McCarthy Policy Vote: EQ 7-0
SB 1454 (DeSaulnier), Page 2
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BILL SUMMARY: SB 1454 requires that plastic products sold in the
state and labeled as "compostable" or "marine degradable" meet
specified standards. The bill also prohibits the sale of plastic
products labeled as "biodegradable", "degradable", or
"decomposable".
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Fiscal Impact (in thousands)
Major Provisions 2010-11 2011-12 2012-13 Fund
Enforcement and updating Less than $100 per yearSpecial
*
standards
* Integrated Waste Management Fund.
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STAFF COMMENTS:
Under current law, the sale of plastic bags labeled as
"compostable" or "marine biodegradable" is prohibited unless a
bag meets technical standards set by the American Society for
Testing and Materials. The sale of plastic bags labeled as
"biodegradable", "degradable", or "decomposable" is prohibited.
Under current law, the sale of food or beverage containers
labeled as "compostable" or "marine biodegradable" is prohibited
unless a container meets technical standards set by the American
Society for Testing and Materials. The sale of food or beverage
containers labeled as "biodegradable", "degradable", or
"decomposable" is prohibited.
SB 1454 repeals those code sections. The bill prohibits the sale
of plastic products labeled as "compostable" or "marine
biodegradable" unless the product meets certain standards set by
the American Society for Testing Materials. The bill prohibits
the sale of plastic products labeled with the term
"biodegradable", "degradable", or decomposable". Under the bill,
plastic products include consumer products, packaging, plastic
bags, and food or beverage containers.
If the American Society for Testing Materials revises any of the
SB 1454 (DeSaulnier), Page 2
relevant standards, the bill requires the Department of
Resources Recycling and Recovery to review the update, and adopt
the updated standard if the Department finds the new standard is
more protective of public health and the environment.
The bill requires manufacturers, upon the request of a member of
the public, to provide information demonstrating compliance with
the requirements of the bill.
The bill authorizes a city, county, or the state to impose civil
liability of $500 for a first violation, $1,000 for a second
violation, and $2,000 for any subsequent violations of the bill.
The bill provides that any costs incurred by a state agency in
enforcing the bill's provisions may be recovered from the liable
person.
The bill does not require the Department to actively enforce its
provisions. Staff estimates that the Department may incur minor
costs to review updated standards. There may also be minor costs
to enforce provisions of the bill, most likely driven by public
complaints. Those costs are likely to be recoverable by the
Department.