BILL ANALYSIS                                                                                                                                                                                                    �




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair

                                          SB 567 (DeSaulnier)
          
          Hearing Date: 05/02/2011        Amended: 04/11/2011
          Consultant: Brendan McCarthy    Policy Vote: EQ 5-2
          
















































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          BILL SUMMARY: SB 564 requires plastic products sold in the state 
          and labeled as "compostable" or "marine degradable" to meet 
          specified standards. The bill also prohibits the sale of plastic 
          products labeled as "biodegradable", "degradable", or 
          "decomposable".
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                            Fiscal Impact (in thousands)

           Major Provisions         2011-12      2012-13       2013-14     Fund
           
          Updating standards     Potential minor costs            Special 
          *

          Enforcement            Minor costs, likely less than $50 per 
          year                   Special *  

          * Integrated Waste Management Account.
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          STAFF COMMENTS: 
          
          Under current law, the sale of plastic bags labeled as 
          "compostable" or "marine biodegradable" is prohibited unless a 
          bag meets technical standards set by the American Society for 
          Testing and Materials. The sale of plastic bags labeled as 
          "biodegradable", "degradable", or "decomposable" is prohibited. 
          Similarly, the sale of food or beverage containers labeled as 
          "compostable" or "marine biodegradable" is prohibited unless a 
          container meets technical standards set by the American Society 
          for Testing and Materials. The sale of food or beverage 
          containers labeled as "biodegradable", "degradable", or 
          "decomposable" is prohibited.

          SB 567 repeals those code sections. The bill prohibits the sale 
          of plastic products labeled as "compostable" or "marine 
          biodegradable" unless the product meets certain standards set by 
          the American Society for Testing Materials. The bill prohibits 
          the sale of plastic products labeled with the term 
          "biodegradable", "degradable", or decomposable". Under the bill, 
          plastic products include consumer products, packaging, plastic 
          bags, and food or beverage containers.









          SB 567 (DeSaulnier)
          Page 3


          If the American Society for Testing Materials revises any of the 
          relevant standards, the bill requires the Department of 
          Resources Recycling and Recovery to review the update, and adopt 
          the updated standard if the Department finds the new standard is 
          more protective of public health and the environment. 

          The bill requires manufacturers, upon the request of a member of 
          the public, to provide information demonstrating compliance with 
          the requirements of the bill.

          The bill authorizes a city, county, or the state to impose civil 
          liability of $500 for a first violation, $1,000 for a second 
          violation, and $2,000 for any subsequent violations of the bill. 
          The bill provides that any costs incurred by a state agency in 
          enforcing the bill's provisions may be recovered from the liable 
          person.

          The bill does not require the Department to actively enforce its 
          provisions. Staff estimates that the Department 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 the 
          Department.


          This bill is almost identical to SB 1454 (DeSaulnier, 2010) 
          which was vetoed by Governor Schwarzenegger.