BILL ANALYSIS
SB 1454
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Date of Hearing: June 21, 2010
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Wesley Chesbro, Chair
SB 1454 (DeSaulnier) - As Amended: June 15, 2010
SENATE VOTE : 26-8
SUBJECT : Recycling: plastic products
SUMMARY : Repeals the existing separate requirements for
"compostable" or "marine degradable" plastic bags and food
packaging and replaces them with a uniform requirement for all
plastic products.
EXISTING LAW , under the California Integrated Waste Management
Act:
1)Prohibits a plastic bag from being sold that is labeled
"compostable" or "marine biodegradable" unless the plastic bag
meets specified American Society for Testing 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.
2)Prohibits a food or beverage container from being sold that is
labeled "compostable" or "marine biodegradable" unless the
food or beverage container meets specified 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.
THIS BILL :
1)Repeals existing law relating to biodegradable plastic bags
and food packaging.
2)Prohibits a plastic product from being sold that is labeled
"compostable" or "marine biodegradable" unless the product
meets specified 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.
3)Defines "plastic product" as a product made from plastic,
whether alone or in combination with another material,
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including, but not limited to:
a) A consumer product;
b) A package or packaging;
c) A bag, sack, wrap, or other thin plastic sheet film;
and,
d) A food or beverage container or container component.
FISCAL EFFECT : The bill does not require the Department of
Resources Recovery and Recycling (DRRR) to actively enforce its
provisions. The Senate Appropriations Committee estimates that
DRRR 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 DRRR.
COMMENTS :
1)Purpose of the bill . According to the author, "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...
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 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'
[or marine degradable] if it meets the relevant technical
standard."
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2)Issues associated with compostable and biodegradable plastics.
Claims that plastic products are biodegradable may be
misleading and confusing to consumers. The environmental
conditions and timeline necessary for degradation of the
product are not disclosed and consumers mistakenly believe
that the product will degrade quickly if littered. In fact,
there is no standard to determine biodegradability because the
conditions are too variable.
Concerns also exist about compostable plastics. According to
DRRR, "many existing composting operations reject compostable
plastics because they have found that most of them, even those
certified by the Biodegradable Products Institute [as meeting
the ASTM D6400 standard], do not undergo degradation at a rate
consistent with other compostable materials." Additionally,
federal standards for organics require that compost not
contain plastic of any kind. The inclusion of compostable
plastics as feedstock would make the finished compost
ineligible for use in organic farms.
This bill will create a uniform standard so that all plastic
products comply with the same requirements.
3)Related legislation . SB 228 (DeSaulnier) establishes labeling
requirements for compostable plastic bags. This bill is
scheduled to be heard in this committee on June 28, 2010.
4)Double referred . Should this bill pass out of this committee,
it will be referred to the Assembly Committee on Judiciary.
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REGISTERED SUPPORT / OPPOSITION :
Support
Californians Against Waste
City and County of San Francisco
Opposition
None on file
Analysis Prepared by : Elizabeth MacMillan / NAT. RES. / (916)
319-2092