BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 1454|
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THIRD READING
Bill No: SB 1454
Author: DeSaulnier (D)
Amended: 4/26/10
Vote: 21
SENATE ENVIRONMENTAL QUALITY COMMITTEE : 7-0, 4/19/10
AYES: Simitian, Runner, Corbett, Hancock, Lowenthal,
Pavley, Strickland
SENATE APPROPRIATIONS COMMITTEE : 7-1, 5/10/10
AYES: Kehoe, Alquist, Leno, Price, Wolk, Wyland, Yee
NOES: Cox
NO VOTE RECORDED: Corbett, Denham, Walters
SUBJECT : Recycling: plastic products
SOURCE : California Against Waste
DIGEST : This bill requires that plastic products sold in
the state and labeled as compostable or marine degradable
meet specified standards. This bill also prohibits the sale
of plastic products labeled as "biodegradable",
"degradable", or "decomposable".
ANALYSIS : Existing law, under the California Integrated
Waste Management Act of 1989:
1. Prohibits a plastic bag from being sold that is labeled
"compostable" or "marine biodegradable" unless the
plastic bag meets certain American Society for Testing
CONTINUED
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and Materials (ASTM) standards, and prohibits a plastic
bag from being sold that is labeled with the term
"biodegradable," "degradable," or "decomposable," or any
form of those terms. Certain related provisions,
including definitions and penalties, are specified.
2. Prohibits a food or beverage container from being sold
that is labeled "compostable" or "marine biodegradable"
unless the food or beverage container meets certain ASTM
standards, and prohibits a food or beverage container
from being sold that is labeled with the term
"biodegradable," "degradable," or "decomposable," or any
form of those terms. Certain related provisions,
including definitions and penalties, are specified.
This bill:
1. Repeals the above plastic bag provisions.
2. Repeals the above food or beverage container provisions.
3. Prohibits a plastic product from being sold that is
labeled "compostable" or "marine biodegradable" unless
the plastic bag meets certain ASTM standards, and
prohibits a plastic product from being sold that is
labeled with the term "biodegradable," "degradable," or
"decomposable," or any form of those terms. Certain
related provisions, including definitions and penalties,
are specified.
Comments
According to the author's office, under current law
"manufacturers of plastic bags and food packaging cannot
claim that their products are 'biodegradable' and can only
claim their products are 'compostable' if they meet the
[ASTM] scientific technical standard for 'compostability,'
ASTM D6400. Currently there are no restrictions on
end-of-life claims for plastic products, excluding plastic
bags and food packaging. Many plastic products that are
currently sold in California claim to be 'biodegradable,'
even though there is no technical standard to test against
that term and numerous studies have shown that even
'compostable' plastic does quickly break down in the
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environment as one would expect a 'biodegradable' product
to. Additionally, some plastic products are claiming to be
'compostable' even though they do not meet the technical
standard for compostability, making the material
unacceptable in composting facilities."
The author's office also notes that "SB 1454 will expand
the scope of the current labeling restrictions for plastic
bags and food packaging in Public Resources Code Sections
42357-42359 to all plastic products: specifically
manufacturers would be prohibited from claiming their
plastic products are 'biodegradable' and could only claim
they are 'compostable' if it meets the relevant technical
standard."
Prior/Related Legislation
SB 951 (Hart) Chapter 1076, Statutes of 1993, enacted the
Plastic Trash Bag Law to require recycled plastic
postconsumer material in certain types of plastic trash
bags.
SB 698 (Rainey) Chapter 44, Statutes of 1998, revised
various procedures relating to these provisions to enable
postconsumer materials to be in other plastic products of
the manufacturer. In response to concerns about
manufacturers that violate the law, SB 698 added a
debarment provision that made these violators ineligible
for state contract awards until they comply with the
requirements and prohibits the state from soliciting offers
from, or awarding contracts to, those firms. SB 698 also
required the California Integrated Waste Management Board
to publish a list of violators.
SB 1749 (Karnette) Chapter 619, Statutes of 2004,
prohibited persons from selling a plastic bag labeled as
"compostable," "biodegradable," "degradable," or any form
of those terms, unless the plastic bag meets certain
requirements.
AB 1023 (DeSaulnier) Chapter 143, Statutes of 2007, exempts
these bags from the Plastic Trash Bag Law.
AB 2147 (Harman) Chapter 349, Statutes of 2006, prohibited
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persons from selling plastic food and beverage containers
labeled as "compostable," "biodegradable," "degradable," or
any form of those terms, unless the containers meet certain
requirements.
AB 2071 (Karnette) Chapter 570, Statutes of 2008, set
penalties for violations of the SB 1749 plastic bag
requirements and the AB 2147 food and beverage container
requirements.
AB 1972 (DeSaulnier) Chapter 436, Statutes of 2008, revised
prohibited actions under the plastic bag, as well as the
food and beverage container, requirements, while revising
definitions and providing for review of changing ASTM
standards.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
Fiscal Impact (in thousands)
Major Provisions 2010-11 2011-12
2012-13 Fund
Enforcement and updating Less than $100 per
year Special*
standards
* Integrated Waste Management Fund.
SUPPORT : (Verified 5/12/10)
California Against Waste (source)
TSM:do 5/12/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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