BILL ANALYSIS
SB 1454
Page 1
SENATE THIRD READING
SB 1454 (DeSaulnier)
As Amended June 22, 2010
Majority vote
SENATE VOTE :26-8
NATURAL RESOURCES 6-0 JUDICIARY 7-3
-----------------------------------------------------------------
|Ayes:|Chesbro, Gilmore, |Ayes:|Feuer, Brownley, Evans, |
| |Brownley, | |Huffman, Jones, Monning, |
| |De Leon, Hill, Huffman | |Saldana |
| | | | |
|-----+--------------------------+-----+--------------------------|
| | |Nays:|Tran, Hagman, Knight |
| | | | |
-----------------------------------------------------------------
APPROPRIATIONS 11-5
-----------------------------------------------------------------
|Ayes:|Fuentes, Charles | | |
| |Calderon, Coto, Davis, De | | |
| |Leon, Gatto, Hall, | | |
| |Skinner, Solorio, | | |
| |Torlakson, Torrico | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Conway, Harkey, Miller, | | |
| |Nielsen, Norby, | | |
| | | | |
-----------------------------------------------------------------
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. Specifically, 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
SB 1454
Page 2
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, 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.
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.
FISCAL EFFECT : According to the Assembly Appropriations Committee,
this bill has minor, absorbable ongoing costs to the Department of
Resources Recovery and Recycling (DRRR) to review standards.
Additionally, this bill has minor, absorbable ongoing costs to DRRR
to adopt standards and make recommendations to the Legislature and
potential ongoing costs to DRRR of an unknown amount, but possibly
in the tens of thousands of dollars annually, to enforce and oversee
implementation of the bill's provisions. (Integrated Waste
Management Account) This bill has likely ongoing costs to the
Attorney General of an unknown amount to enforce the provisions of
this bill. (General Fund) This bill will likely result in ongoing
revenue of an unknown amount from imposition of civil penalties.
(General Find)
SB 1454
Page 3
COMMENTS : 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."
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.
Analysis Prepared by : Elizabeth MacMillan / NAT. RES. / (916)
319-2092 FN: 0005593
SB 1454
Page 4