BILL ANALYSIS �
SB 1383
Page 1
Date of Hearing: June 23, 2014
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Wesley Chesbro, Chair
SB 1383 (Hueso) - As Amended: June 16, 2014
SENATE VOTE : 35-0
SUBJECT : Plastic products: labeling
SUMMARY : Authorizes the Director of the Department of Resources
Recycling and Recovery (CalRecycle) to adopt a standard for
plastic products that degrade in soil, as specified, and permits
the sale of agricultural mulch film plastic that meets that
standard.
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.
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
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)Prohibits the sale of a plastic product that is labeled as
"biodegradable," "degradable," "decomposable," or implies that
the plastic product will break down, fragment, biodegrade, or
decompose in a landfill or other environment, except as
specified.
4)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.
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5)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.
6)Defines "plastic product" as a product made of plastic, alone
or in combination with other material.
7)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)Authorizes the sale of plastic products that are labeled "soil
biodegradable" if ASTM adopts an applicable standard.
2)Authorizes CalRecycle, if the ASTM adopts a standard for
aerobically biodegradable plastics in the soil environment in
the temperate zone, to adopt that standard.
3)Authorizes a person to sell agricultural mulch film labeled as
"biodegradable" only if the agricultural mulch film meets the
above standard adopted by CalRecycle.
4)Defines "agricultural mulch film" as film plastic that is used
as a technical tool in commercial farming applications for
purposes of this subdivision.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, this bill has
negligible state costs.
COMMENTS :
1)Purpose of bill . According to the author:
Biodegradable agricultural mulches will provide California
growers a valuable tool in increasing yields, saving water
while reducing impacts on the soils, and possible cost
savings. These new materials are designed to fully
biodegrade after being plowed into the soil at the end of
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their useful life?
Current practice in large agricultural operations is to use
a traditional polyethylene or similar plastic film to
control weeds. This weed control product must be removed
at the end of the growing season and historically has an
end of life being place being placed in a landfill? There
have been some recent developments that see some of the
weed control film being recycled, but it requires the
recycler to have a wash line to clean the material, so
opportunities are limited and require the use of high
volumes of water. Manufacturers of compostable plastic
products have developed a material that is soil
biodegradable and can be tilled in place at the end of the
growing season and the material will degrade into the soil.
Current law in California does not allow for the use of the
terms soil degradable or biodegradable in marketing
products as previously there were no proven standards of
performance for those terms? This bill would recognize the
prospective ASTM standard and allow for the narrow use of
the restricted terms for the purpose of marketing
"agricultural mulch film" in an industrial agricultural
setting? [E]nvironmental benefits include reduced water
use, reduced herbicide use, reduced pesticide use, and
diversion of waste from a landfill. Without this bill, it
would be illegal to label the material appropriately.
Setting a statutory standard will be the most protective of
the public and the environment.
2)Managing agricultural mulch film . Plastic mulch film,
generally made of polyethylene, is widely used for crop
production because it controls weeds, conserves soil moisture,
increases soil temperature, increases crop yield and quality,
has a relatively low cost, and is readily available.
Once the plastic mulch film has fulfilled its purpose in the
field, end-of-life options include landfill disposal, on-site
burning, or recycling; however, recycling is only available on
a very small scale due to challenges associated with cleaning
and processing the material. For example, recycling of
agricultural plastics can be limited by the contamination of
the plastic after field use, the lack of specialized baling
equipment, and distance to a recycling facility. Used
agricultural mulch film can contain pesticides, herbicides or
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fertilizers and has to be properly cleaned in order to prevent
contamination of the recycling stream, which requires large
amounts of water.
Disposal of plastic mulch also raises concerns; in 2004,
143,000 tons of plastic mulch were disposed of in the U.S.,
either in a landfill or burned on site. Landfill disposal is
costly and takes up limited landfill capacity and runs
contrary to the state's 75 percent recycling goal. On-site
burning of plastic mulch film is harmful to air quality.
"Biodegradable" agricultural mulch film is designed to be
incorporated into the soil after the growing season, which
eliminates the need for other disposal options.
Ideally, plastic products should be recycled. However,
considering the available end-of-life options for the vast
sheets of dirty, contaminated plastic and the burdensome,
resource-intensive nature of recycling this material, it seems
prudent to allow a narrow exception to the "biodegradable"
labeling prohibition in this case if ASTM and CalRecycle adopt
a standard that ensures the material will safely decompose
into the soil in a relatively short time period.
3)ASTM Standard 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 (the
numbers 1-7 that identify the type of plastic from which a
product is manufactured) and approximately 2,215 ASTM
standards have been incorporated by reference in the U.S. Code
of Federal Regulations.
In 2011, ASTM initiated a specification (Work Item 29802) to
develop a standard entitled, "Aerobically Biodegradable
Plastics in the Soil Environment in the Temperate Zone." The
specification defines criteria for showing "sufficient
SB 1383
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inherent biodegradability" of plastic materials designed to
biodegrade when in contact with soil, without diminishing the
value or utility of the soil or creating any adverse impact on
the environment. Examples of issues considered are effects on
plant growth, earthworm acute toxicity, and the length of time
required to biodegrade. As noted by ASTM, "there is an
increasing demand from the marketplace to differentiate such
soil-biodegradable plastics and ensure that plastics used for
such applications are safe for the environment." The standard
is expected to be adopted by ASTM in the next six to 18
months.
This bill allows agricultural mulch film to be labeled
"biodegradable" upon CalRecycle adopting the ASTM standard for
the above specification.
4)Prior legislation . There have been a number of bills relating
to plastic product labeling claims pertaining to
biodegradability.
a) 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.
b) 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.
c) SB 1454 (DeSaulnier) of 2010 was similar to SB 567, but
was vetoed by Governor Schwarzenegger.
d) AB 2071 (Karnette) Chapter 570, Statutes of 2008 set
penalties for violations of the SB 1749 plastic bag
requirements and the AB 2147 food and beverage container
requirements.
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e) AB 1972 (DeSaulnier) Chapter 436, Statutes of 2008,
revised prohibited actions under the plastic bag, as well
as the food and beverage container, requirements, while
revising definitions and providing for review of changing
ASTM standards.
f) AB 2147 (Harman) Chapter 349, Statutes of 2006,
prohibited persons from selling plastic food and beverage
containers labeled as "compostable," "biodegradable,"
"degradable," or any form of those terms, unless the
containers meet certain requirements.
g) 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. AB 1023 (DeSaulnier) Chapter 143, Statutes
of 2007, exempted these bags from the Plastic Trash Bag
Law.
5)Suggested amendments . The intent of this bill is to permit
the labeling and sale of agricultural mulch film for
commercial use; however, the current drafting would allow any
product that is manufactured using resin that meets the ASTM
standard specification for soil biodegradability to be labeled
and sold in California. The committee may wish to amend the
bill to ensure that the labeling and sale is limited to
agricultural mulch film for commercial use.
REGISTERED SUPPORT / OPPOSITION :
Support
American Federation of State, County, and Municipal Employees,
AFL-CIO
BioBag USA
Biodegradable Products Institute (sponsor)
Novamont North America, Inc.
San Luis Obispo County Integrated Waste Management Authority
Opposition
SB 1383
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None on file
Analysis Prepared by : Elizabeth MacMillan / NAT. RES. / (916)
319-2092