BILL ANALYSIS �
SB 915
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator S. Joseph Simitian, Chairman
2011-2012 Regular Session
BILL NO: SB 915
AUTHOR: Calderon
AMENDED: March 25, 2011
FISCAL: Yes HEARING DATE: May 2, 2011
URGENCY: No CONSULTANT: Caroll
Mortensen
SUBJECT : PLASTIC BAGS: RECYCLED CONTENT
SUMMARY :
Existing law :
1) Requires operators of stores (defined as supermarkets and
stores over 10,000 square feet that include a pharmacy) to
establish an in-store plastic carryout bag recycling
program. (Public Resources Code �42250 et seq.).
2) Requires plastic trash bags to contain at least 30%
postconsumer recycled content material. (�42290 et seq.).
This bill :
1) Requires plastic bag use to be reduced by an unspecified
percentage rate by an unspecified date.
2) Requires plastic bags to contain a mandatory level of
recycled content according to the following schedule:
a) 20% by 2013 of which 15% would be post-industrial
content and 5% postconsumer content.
b) 25% by 2014 of which 18% would be post-industrial
content and 7% postconsumer content.
c) 30% by 2015 of which 20% would be post-industrial
content and 10% postconsumer content.
3) Requires the Department of Resource Recycling and Recovery
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(DRRR) to establish a working group of stakeholders to
develop strategies for increasing the recycling of plastic
bags and to develop suggestions for potential funding for
increased consumer awareness.
COMMENTS :
1) Background . California taxpayers spend approximately $25
million annually to collect and bury the 19 billion plastic
bags used every year. However, these bags are rarely
recycled; DRRR estimates that less than 5% of all single
use plastic bags in the state are actually recycled.
Instead, local agencies spend millions more to dispose of
plastic bags and clean up discarded plastic bags.
Plastic bags are a significant contributor to litter and
marine debris. Their light weight and expansive nature
makes them especially prone to blowing into waterways.
Even when disposed of in the waste stream, these bags pose
litter problems as they blow off of trucks and out of solid
waste handling operations. According to the US
Environmental Protection Agency, marine debris has become a
serious problem along shorelines, coastal waters,
estuaries, and oceans throughout the world. It is
estimated that 60-80% of all marine debris, and 90% of
floating debris, is plastic. Marine debris can be life
threatening to marine organisms and can wreak havoc on
coastal communities and the fishing industry. Recent
studies by the Algalita Marine Research Foundation and the
Southern California Coastal Water Research Project have
found that the average mass of plastics in the seawater off
the coast of Long Beach is two and a half times greater
than the average mass of plankton. After storms with
excessive runoff, the mass of plastics is even greater. A
similar study over seawater 1,000 miles west of San
Francisco found the mass of plastics was six times the mass
of plankton in drifts where marine animals congregate for
feeding on plankton.
In February 2007, the Ocean Protection Council (OPC)
adopted a resolution to reduce marine debris, which
included specific actions on single-use plastics. In
November 2008, OPC adopted its final implementation
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strategy for the resolution. The strategy includes three
"priority actions for measurable success:" 1) implement a
take-back program for convenience food packaging; 2)
prohibit single-use products that pose significant ocean
litter impacts where a feasible alternative is available;
and, 3) assess fees on commonly littered items. Plastic
single-use bags are included in priority action #2; OPC
proposes that a fee be added for all single-use paper and
plastic bags to incentivize people to switch to reusable
bags. OPC goes on to suggest that if a fee does not
dramatically reduce the use of bags, a ban should be
considered.
2) Recycled Content? Or just more plastic littered?
Requiring recycled content in plastic bags does not address
the litter issues discussed in priority action #2 above.
In fact, since it is often argued that to include
postconsumer content in plastic bags, they must be made
thicker. It could be argued that even more plastic could
make its way into the environment.
3) Plastic vs. Paper Bags . A 2009 report prepared by Moore
Recycling Associates for the Plastics Division of the
American Chemistry Council reported an increase of 31% for
plastic bags and film since 2005. In general, paper bag
manufacturers are achieving high recycled content rates (up
to 100%) and up to 40% postconsumer content on a voluntary
basis. On the recovery side, nationally paper bags and
sacks as of 2008 have a 38% recycling rate.
4) Industry Efforts . In 2009, according to a press release by
the American Chemistry Council, plastic bag manufacturers
announced an effort to dramatically increase recycling of
plastic bags. The "Full Circle Recycling Initiative" set a
goal of 40% recycled content in all plastic bags, with 25%
being from postconsumer recycled plastic by 2015. They
also say they will continue to work with major grocery and
retail chains to increase at-store recycling programs.
5) Amendments needed . If the Committee believes this bill is
needed, amendments are needed to reflect and acknowledge
the plastic bag industry's efforts including:
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a) Requiring a reduction in plastic bag use of 50% by
2015.
b) Increasing the recycled content requirements to be
consistent with those proposed by the industry, 40% with
25% postconsumer material by 2015.
c) Expanding the definition of "store" to include all
retailers, not just grocery and 'big box' type stores.
d) Requiring bag manufactures to reimburse store
operators for the costs, if any, of providing in-store
take-back of plastic bags.
e) Requiring the working group to make recommendations
for reductions in use of plastic bags past 2015.
6) Related Legislation . AB 1998 (Brownley) of 2010 would have
banned the distribution of plastic bags at grocery stores.
AB 1998 was heard by the Environmental Quality Committee on
June 28, 2010 (5-2) vote (Died on Senate Floor).
SOURCE : Senator Calderon
SUPPORT : Hilex Poly
OPPOSITION : Heal the Bay
Seventh Generation Advisors
Surfrider