BILL ANALYSIS
SB 1454
Page 1
SENATE THIRD READING
SB 1454 (DeSaulnier)
As Amended August 16, 2010
Majority vote
SENATE VOTE :26-8
NATURAL RESOURCES 6-0 JUDICIARY 7-3
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|Ayes:|Chesbro, Gilmore, |Ayes:|Feuer, Brownley, Evans, |
| |Brownley, | |Huffman, Jones, Monning, |
| |De Leon, Hill, Huffman | |Saldana |
| | | | |
|-----+--------------------------+-----+--------------------------|
| | |Nays:|Tran, Hagman, Knight |
| | | | |
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APPROPRIATIONS 11-5
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|Ayes:|Fuentes, Charles | | |
| |Calderon, Coto, Davis, De | | |
| |Leon, Gatto, Hall, | | |
| |Skinner, Solorio, | | |
| |Torlakson, Torrico | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Conway, Harkey, Miller, | | |
| |Nielsen, Norby, | | |
| | | | |
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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 American Society for Testing and Materials
(ASTM) standards and prohibits a plastic product from being
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sold that is labeled with the term "biodegradable,"
"degradable," or "decomposable," or any form of those terms.
3)Authorizes the Department of Resources Recovery and Recycling
(DRRR) to adopt an existing standard other than an ASTM
standard specification, if:
a) The existing standard is adopted or developed by a
standard-setting organization recognized by DRRR;
b) The existing standard qualifies as an ASMT standard
specification; and,
c) DRRR determines that the existing standard is more
stringent than the ASTM standard specification, as
specified.
4)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.
5)Specifies that a product in compliance with the bill is not,
solely based on that compliance, deemed to be in compliance
with any other applicable marketing requirement or guideline
established under state law or by the Federal Trade
Commission.
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.
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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 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)
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
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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: 0006130