BILL NUMBER: AB 2336 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Mansoor
FEBRUARY 24, 2012
An act to amend Section 42357 of, and to add Section 42357.2 to,
the Public Resources Code, relating to recycling.
LEGISLATIVE COUNSEL'S DIGEST
AB 2336, as introduced, Mansoor. Plastic products: labeling.
(1) Existing law, as of January 1, 2013, prohibits the sale of a
plastic product, including plastic bags, labeled as "compostable,"
"home compostable," or "marine degradable" unless it meets certain
specifications, certifications, or a standard adopted by the
Department of Resources Recycling and Recovery. Existing law also
prohibits the sale of a plastic product that is labeled as
"biodegradable," "degradable," "decomposable," or as otherwise
specified, and imposes certain labeling requirements upon a
manufacturer of a compostable plastic bag. Prior to January 1, 2013,
existing law imposed those prohibitions on plastic bags and plastic
food or beverage containers. Existing law provides for the imposition
of a civil penalty for a violation of those prohibitions.
This bill would prohibit a person from being subject to an
enforcement action pursuant to the provisions regulating the labeling
of plastic products on and after January 1, 2013, or plastic bags
before that date, if the person manufacturing the plastic product
submits an action plan to the department, city, or county and the
plan is approved, as specified. The bill would provide that the
action plan may allow the sale of a plastic product that is not in
compliance until a date specified in the action plan. The bill would
require the department, city, or county to approve the action plan
within a specified time and the person would be required to agree to
comply with the labeling requirements on or after the date specified
in the action plan.
The person submitting the plan would be required to include a fee
to reimburse the department, city, or county for its reasonable costs
in reviewing the action plan. The department would be authorized to
expend the fees, upon appropriation by the Legislature, to implement
this section.
(2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 42357 of the Public Resources Code, as added by
Section 1 of Chapter 594 of the Statutes of 2011, is amended to
read:
42357. (a) (1) Except as provided in paragraph (3) and
Section 42357.2 , a person shall not sell a plastic product in
this state that is labeled with the term "compostable," "home
compostable," or "marine degradable" unless, at the time of sale, the
plastic product meets the applicable ASTM standard specification, as
specified in paragraph (1) of subdivision (b) of Section 42356 or
the Vincotte OK Compost HOME certification, as provided in paragraph
(4).
(2) Compliance with only a section or a portion of a section of an
applicable ASTM standard specification does not constitute
compliance with paragraph (1).
(3) Notwithstanding paragraph (1), a person may sell a plastic
product in this state that is labeled with a qualified claim for a
term specified in paragraph (1), if the plastic product meets the
relevant standard adopted by the department pursuant to Section
42356.2.
(4) (A) A plastic product shall not be labeled with the term "home
compostable" unless the manufacturer of that plastic product holds a
Vincotte OK Compost HOME certificate of conformity with regard to
that product, except as provided in subparagraph (B) or (C).
(B) Notwithstanding paragraph (1), if the ASTM adopts a standard
specification for the term "home compostable" on or before January 1,
2016, and the department determines that the ASTM standard
specification is at least equal to, or more stringent than, the OK
Compost HOME certification, a plastic product labeled with the term
"home compostable" shall meet that ASTM standard specification. The
department may also take the actions specified in Section 42356.1
with regard to an ASTM standard for home compostability.
(C) If the department adopts a standard pursuant to Section
42356.2, a plastic product labeled with the term "home compostable"
shall meet that standard and not the standard specified in
subparagraph (A) or (B).
(b) Except as provided in subdivision (a) and Section 42357.2
, a person shall not sell a plastic product in this state that
is labeled with the term "biodegradable," "degradable," or
"decomposable," or any form of those terms, or in any way imply that
the plastic product will break down, fragment, biodegrade, or
decompose in a landfill or other environment.
(c) A manufacturer or supplier, upon the request of a member of
the public, shall submit to that member, within 90 days of the
request, information and documentation demonstrating compliance with
this chapter, in a format that is easy to understand and
scientifically accurate.
(d) A product that is in compliance with this chapter shall not,
solely as a result of that compliance, be deemed to be in compliance
with any other applicable marketing requirement or guideline
established under state law or by the Federal Trade Commission.
SEC. 2. Section 42357.2 is added to the Public Resources Code, to
read:
42357.2. (a) A person shall not be subject to an enforcement
action pursuant to this chapter, or former Chapter 5.7 (commencing
with Section 42355), as it read on January 1, 2012, if the person
submits an action plan to the department, city, or county that is
approved pursuant to this section. The action plan may allow the sale
of a plastic product that is not in compliance with this chapter, or
former Chapter 5.7 (commencing with Section 42355), as it read on
January 1, 2012, until a date specified in the action plan.
(b) The department, city, or county shall approve the action
plan, or give a reason for its disapproval, within 60 days after the
plan is submitted.
(c) A person shall agree to comply with the requirements imposed
pursuant to this chapter with regard to all plastic products
manufactured on or after the date specified in the action plan.
(d) Notwithstanding subdivision (a) and Section 42357, a person
who fails to comply with an approved action plan may be subject to
enforcement action pursuant to this chapter or former Chapter 5.7
(commencing with Section 42355), as it read on January 1, 2012.
(e) A person submitting an action plan shall include a fee to
reimburse the department, city, or county for its reasonable costs in
reviewing the action plan, in the amount set by that agency
reviewing the action plan. The department may expend the fees
collected by the department pursuant to this subdivision, upon
appropriation by the Legislature, to implement this section.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.