BILL ANALYSIS �
SB 1383
Page 1
Date of Hearing: August 6, 2014
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
SB 1383 (Hueso) - As Amended: July 1, 2014
Policy Committee: Natural
ResourcesVote:8-0
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill authorizes the Director of CalRecyle to adopt a
standard for plastic products that degrade in soil and allows
for the sale of products labeled "biodegradable." Specifically,
this bill:
1)Authorizes, if the American Society for Testing and Materials
(ASTM) adopts a standard for aerobically biodegradable
plastics in the soil environment in the temperate zone,
CalRecyle to adopt that standard.
2)Authorizes the sale of plastic products that are labeled "soil
biodegradable" if ASTM adopts an applicable standard.
3)Authorizes a person to sell agricultural mulch film labeled as
"biodegradable" only if the agricultural mulch film meets the
applicable standard adopted by CalRecycle.
4)Defines "agricultural mulch film" as film plastic that is used
as a technical tool in commercial farming applications.
FISCAL EFFECT
Minor, absorbable costs.
COMMENTS
1)Rationale. 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 has a relatively low
SB 1383
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cost.
Once the plastic mulch film has fulfilled its purpose in the
field, end-of-life options include landfill disposal, on-site
burning, or recycling. Recycling, however, is only available
on a very small scale due to challenges associated with
cleaning and processing the material. Used agricultural mulch
film can contain pesticides, herbicides or 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% recycling goal. In addition,
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.
According to the author, current law in California does not
allow for the use of the terms soil degradable or
biodegradable in marketing plastic because there are were no
proven standards of performance for those terms. This bill
recognizes the upcoming ASTM standard and allows for the
narrow use of the restricted terms for the purpose of
marketing.
2)Background. Existing law generally prohibits the sale of a
plastic product that is labeled "biodegradable," "degradable,"
"decomposable," or implies that the plastic product will break
down, fragment, biodegrade, or decompose in a landfill or
other environment unless it meets specific certification
criteria or standards adopted by CalRecycle.
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.
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In 2011, ASTM initiated a specification to develop a standard
for defining criteria to determine the biodegradability of
plastic materials designed to biodegrade when in contact with
soil, without creating any adverse impacts on the soil or the
environment.
According to ASTM, there is an increasing market demand to
differentiate soil-biodegradable plastics from other plastics.
The standard is expected to be adopted by ASTM in the next
six to 18 months.
Analysis Prepared by : Jennifer Galehouse / APPR. / (916)
319-2081