BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 1383|
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THIRD READING
Bill No: SB 1383
Author: Hueso (D)
Amended: 3/25/14
Vote: 21
SENATE ENVIRONMENTAL QUALITY COMMITTEE : 6-0, 4/2/14
AYES: Hill, Gaines, Hancock, Jackson, Leno, Pavley
NO VOTE RECORDED: Fuller, Vacancy, Vacancy
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Plastic products: labeling
SOURCE : Biodegradable Products Institute
DIGEST : This bill permits, when the Department of Resources
and Recycling and Recovery (CalRecycle) has adopted standards as
specified, the sale of agricultural mulch film that is labeled
as biodegradable.
ANALYSIS :
Existing law:
1. Finds and declares that it is the public policy of the state
that environmental marketing claims should be substantiated
by competent and reliable evidence to prevent deceiving or
misleading consumers about the environmental impact of
plastic products.
CONTINUED
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2. Prohibits the sale of a plastic product that is labeled
"compostable," "home compostable," or "marine biodegradable"
unless it meets certain American Society for Testing and
Materials (ASTM) standard specifications, the OK Compost HOME
certification, as specified, or a standard adopted by the
Department of Resources and Recycling and Recovery
(CalRecycle), or unless the plastic product is labeled with a
qualified claim for which CalRecycle has adopted a relevant
standard, and the plastic product meets that standard.
3. Authorizes CalRecycle to review a new standard developed by
ASTM or any other organization for the labels "compostable"
or "marine degradable" and to make recommendations to the
Legislature if CalRecycle determines the new standard is more
protective of public health, public safety and the
environment, and consistent with state policies.
4. Requires a manufacturer or supplier to provide a person,
upon request and within 90 days of the request, easily
understandable and scientifically accurate documentation of
compliance with the requirements above.
5. Defines "plastic product" as a product made of plastic,
alone or in combination with other material.
6. Imposes a civil liability of $500 for the first violation of
the statutes related to marketing of plastic products, $1,000
for the second violation, and $2,000 for the third and any
subsequent violation.
This bill:
1. Requires CalRecycle, upon ASTM's adoption of a standard for
aerobically biodegradable plastics in the soil environment in
the temperate zone, to adopt that standard.
2. Authorizes a person to sell agricultural mulch film labeled
as "biodegradable" if the agricultural mulch film meets the
above standard adopted by CalRecycle.
3. Defines "agricultural mulch film" as film plastic that is
used as a technical tool in commercial farming applications.
Background
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The plastic film used as a tool in commercial farming
applications is known as "agricultural mulch film." Large
agricultural operations traditionally use a polyethylene or
similar plastic film to control weeds. This product must be
removed at the end of the growing season. It is very likely
that this product ends up in a landfill at the end of its life
cycle.
Manufacturers of compostable plastic products have developed a
material that is soil degradable and can be tilled in place.
This new material is designed to fully biodegrade after being
plowed into the soil at the end of the season. However,
existing law does not allow for the use of the term
"biodegradable" in marketing these products because there was no
proven standard of performance for those terms.
The ASTM is developing a soil degradability standard similar to
the Vincotte standard currently used in the European Union.
ASTM Standard in Development for Biodegradable Plastics in the
Soil Environment in the Temperate Zone . ASTM International is a
nonprofit organization that develops voluntary test methods
(protocols for testing physical and chemical properties) and
standard specifications (specific thresholds or conditions that
must be met) for products in hundreds of industries through a
consensus process. The methods and standards may become
mandatory if adopted in statute or regulation. For example,
most states require certain plastic products and packaging to be
labeled with Resin Identification Codes that are administered by
ASTM and approximately 2,215 ASTM standards have been
incorporated by reference in the U.S. Code of Federal
Regulations.
ASTM membership is open to anyone with an interest in its
activities, including users, producers, academics, and people in
governmental organizations such as CalRecycle and the U.S.
Environmental Protection Agency. Standards are developed within
committees, but non-committee members can participate without a
formal vote and their input will be fully considered. Also, in
order to meet the requirements of antitrust laws, producers must
constitute less than 50% of every committee, and votes are
limited to one per producer company. As of 2007, ASTM consisted
of more than 30,000 members from more than 120 countries.
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Previous Legislation
SB 567 (DeSaulnier, Chapter 594, Statutes of 2011), created the
Plastic Products Law under the California Integrated Waste
Management Act of 1989, to prohibit a plastic product from being
sold that is labeled "compostable," "home compostable," or
"marine biodegradable" unless the plastic meets certain ASTM
standards or another standard that is subject to CalRecycle
requirements.
SB 228 (DeSaulnier, Chapter 406, Statutes of 2010), required a
compostable plastic bag manufacturer meeting certain standards
to ensure that the compostable plastic bag is "readily and
easily identifiable" (as defined in this bill) from other
plastic bags, in a manner that is consistent with the Federal
Trade Commission Guides for the Use of Environmental Marketing
Claims.
SB 1749 (Karnette, Chapter 619, Statutes of 2004), prohibited
persons from selling a plastic bag labeled as "compostable,"
"biodegradable," "degradable," or any form of those terms,
unless the plastic bag meets certain requirements.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 4/28/14)
Biodegradable Products Institute (source)
AFSCME
BioBag USA
Novamont North America, Inc.
ARGUMENTS IN SUPPORT : According to Novamont North America,
Inc. "Mulch film made with Mater-Bi, our company's biopolymer,
is a proven product with years of experience from Europe and
North America. It allows farmers to plow the mulch film into
the earth at the end of the growing season, where it decomposes
using the soil's natural microbiology. This saves farmers time
and money compared to conventional plastic mulch film, which
must be pulled off of their fields manually and landfilled.
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"California has a long and established track record of
supporting recycling, composting programs, and other policies
that divert waste from landfills. All of these state policies
are protective of public health and protective of the
environment. This bill is consistent with state policy and
equally protective of the environment.
"Establishing a statutory standard, California will protect the
integrity of the recycling stream, encourage diversion of
plastic waste from landfills, and ensure that deceptive tactics
that encourage the use of non-biodegradable plastics are kept
out of the market. This measure will provide one more tool for
California's
farming community who are concerned about sustainable farming,
because the agricultural mulch films reduce water use, reduce
pesticide and herbicide use, and reduces the application of
traditional plastics that are likely end up in a landfill."
RM:d 4/28/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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