CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 2287

Author:(Eggman and Ting)

As Amended Ver:August 20, 2020

Majority vote

SUMMARY:

Authorizes the use of plastic agricultural mulch film labeled "soil degradable" if it meets specified standards; gives the Statewide Commission on Recycling Markets and Curbside Recycling (Commission) an additional six months to make certain market development policy recommendations and to identify recyclable or compostable products; and, extends the requirement that theme parks, zoos, entertainment complexes, and similar attractions provide recycling bins to customers until January 1, 2022.

The Senate Amendments:

1. Extend the deadline for the Commission to make policy recommendations to achieve specified market development goals and to identify products that are recyclable or compostable from January 1, 2021 to July 1, 2021 and authorize the Commission to share the recommendations and identifications with the Legislature or any state or federal agency.
2. Require the Commission to provide an opportunity for the public to review and comment on policy recommendations and product identifications.
3. Require the Commission to issue preliminary recommendations on or before January 1, 2021.
4. Clarify the specifications that are applicable to compostable plastics and biodegradable mulch films.
5. Defines "park" as a theme park, amusement park, water park, resort or entertainment complex, zoo, attraction, or similar facility and extends the requirement that they provide recycling bins for recyclable material and organic waste from July 1, 2020 until January 1, 2022.

COMMENTS:

The American Society for Testing and Materials (ASTM) has developed standards for plastics designed to be composted in industrial compost facilities (D6400) and for paper and other products coated in plastic or other polymers designed to be composted in industrial compost facilities (D6868). ASTM began development of a marine degradable standard, but it was withdrawn, which means the standard has been "discontinued by the ASTM Sponsoring Committee responsible for the standard. A standard may be withdrawn with or without replacement." There is no current standard for marine degradable plastic.

The European Committee for Standardization has adopted numerous standard specifications for plastics. In January 2018, it adopted EN 17033:2018, which applies to all European Union countries and Macedonia, Norway, Sweden, Switzerland, Serbia, Turkey, and the United Kingdom. This standard regulates the requirements for biodegradable plastic mulch films: their composition, biodegradability in soil, effect on the soil environment (i.e., ecotoxicity), mechanical and optical properties, and the test procedures for each of the listed categories. It is the only internationally-recognized standard for agricultural mulch films.

According to the Author:

Plastic manufacturers have used the terms "compostable," "home compostable," or "soil biodegradable" for products that could take hundreds of years to effectively degrade or produce other negative environmental impacts. While this misuse of important terms hurts the environment, it also hurts the businesses that try to meet the standards in good faith, can encourage littering, and contaminates compost and recycling streams. This bill would allow the Director of CalRecycle to provide guidance on which products are compliant with established standards and would prevent the deceptive use of these terms if plastic products do not meet minimum requirements.

This bill also supports development and use of truly degradable alternatives to traditional plastics by updating the existing "Truth in Environmental Advertising" law to reflect updated standards, certifications, and best practices for labeling products. It prevents the sale of products that use fraudulent claims of degradability.

Arguments in Support:

A coalition of supporters states, "this legislation supports the development and use of truly degradable alternatives to traditional plastics by updating California's existing 'Truth in Environmental Advertising' law to reflect updated standards, certifications, and best practices for labeling products… Misleading end-of-life claims are especially damaging in plastic products given the serious environmental harm caused by plastic litter. Plastic litter chokes birds, turtles and other sensitive marine species, congregates in ocean gyres, and persists indefinitely in the environment. Non-compostable products being indistinguishable from those that are compostable and break down in municipal compost facilities with no residual or toxic contamination. The proliferation of these products has led to significant contamination in both composting and recycling systems, and long-term damage to soil and farmland."

Arguments in Opposition:

None on file

FISCAL COMMENTS:

According to the Senate Appropriations Committee, CalRecycle estimates an ongoing cost pressure of around $120,000 annually (special fund) to issue guidelines and adopt standards for the labeling of plastic products; and, the Department of Justice estimates cost pressure of $357,000 annually (special fund) due to increased workload.

VOTES:

ASM NATURAL RESOURCES: 11-0-0

YES: Friedman, Flora, Brough, Chau, Eggman, Cristina Garcia, Limón, Mathis, McCarty, Muratsuchi, Mark Stone

ASM APPROPRIATIONS: 18-0-0

YES: Gonzalez, Bigelow, Bauer-Kahan, Bloom, Bonta, Calderon, Carrillo, Chau, Megan Dahle, Diep, Eggman, Fong, Gabriel, Eduardo Garcia, Petrie-Norris, McCarty, Robert Rivas, Voepel

ASSEMBLY FLOOR: 76-0-3

YES: Aguiar-Curry, Arambula, Bauer-Kahan, Berman, Bigelow, Bloom, Boerner Horvath, Bonta, Brough, Burke, Calderon, Carrillo, Cervantes, Chau, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Megan Dahle, Daly, Diep, Eggman, Flora, Fong, Frazier, Friedman, Gabriel, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager, Kiley, Lackey, Levine, Limón, Maienschein, Mathis, Mayes, McCarty, Medina, Mullin, Nazarian, O'Donnell, Obernolte, Patterson, Petrie‑Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Salas, Santiago, Smith, Mark Stone, Ting, Voepel, Waldron, Weber, Wicks, Wood, Rendon

ABS, ABST OR NV: Low, Muratsuchi, Quirk

SENATE FLOOR: 38-0-2

YES: Allen, Archuleta, Atkins, Bates, Beall, Borgeas, Bradford, Caballero, Chang, Dahle, Dodd, Durazo, Galgiani, Glazer, Lena Gonzalez, Grove, Hertzberg, Hill, Hueso, Hurtado, Jackson, Leyva, McGuire, Melendez, Mitchell, Monning, Moorlach, Morrell, Nielsen, Pan, Portantino, Roth, Rubio, Skinner, Umberg, Wieckowski, Wiener, Wilk

ABS, ABST OR NV: Jones, Stern

UPDATED:

VERSION: August 20, 2020

CONSULTANT: Elizabeth MacMillan / NAT. RES. / (916) 319-2092 FN: 0003569

 THIRD READING  

Bill No: AB 2287

Author: Eggman (D) and Ting (D)

Amended: 8/20/20 in Senate

Vote: 21

SENATE ENVIRONMENTAL QUALITY COMMITTEE: 5-0, 8/11/20

AYES: Allen, Dahle, Hill, Stern, Wieckowski

NO VOTE RECORDED: Bates, Skinner

SENATE APPROPRIATIONS COMMITTEE: 6-0, 8/20/20

AYES: Portantino, Bates, Bradford, Hill, Leyva, Wieckowski

NO VOTE RECORDED: Jones

ASSEMBLY FLOOR: 76-0, 6/8/20 (Consent) - See last page for vote

SUBJECT: Solid waste

SOURCE: Biodegradable Products Institute

Californians Against Waste

DIGEST:

This bill authorizes the use of agricultural mulch film plastic labeled “soil degradable” if it meets specified standards, gives the Statewide Commission on Recycling Markets and Curbside Recycling an additional six months to make certain market development policy recommendations and to identify recyclable or compostable products, and does not require theme parks, zoos, entertainment complexes, and similar attractions to provide a recycling bin to its customers until January 1, 2022.

ANALYSIS:

Existing law:

1. Finds and declares that it is the public policy of the state that environmental marketing claims, whether explicit or implied, should be substantiated by competent and reliable evidence to prevent deceiving or misleading consumers about the environmental impact of plastic products (Public Resources Code (PRC) §42355.5).
   
2. Prohibits the sale of a plastic product that is labeled with the term “compostable,” “home compostable,” or “marine degradable,” unless the product meets certain American Society for Testing and Materials (ASTM) standard specification, the Vicotte OK compost HOME certification, or a standard adopted by the Department of Resources Recycling and Recovery (CalRecycle) (PRC §§42356.2, 42357).
   
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 (PRC §42357).
   
4. Authorizes CalRecycle to review a new standard developed by ASTM or any other organization for 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 (PRC §42356.1).
   
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 (PRC §42357).
   
6. Defines “plastic product” as a product made of plastic, alone or in combination with other material (PRC §42356).
   
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 (PRC §42358).
   
8. Requires CalRecycle to, by July 1, 2020, convene a Statewide Commission on Recycling Markets and Curbside Recycling, and, by January 1, 2021, to issue policy recommendations to achieve market development goals and identify products that are recyclable or compostable (PRC §42005.5).
   
9. Requires a business that generates 4 cubic yards or more of commercial solid waste or organic waste per week to arrange for recycling services, as specified; and requires those businesses that provide customers access to the business to provide customers with a recycling bin or container for that waste stream that complies with prescribed requirements.
   

This bill:

1. Revises and renames the “OK home compost” definition to the “OK compost HOME certification” to demonstrate conformity with the TUV Austria certification.
   
2. Removes references to “marine degradable” plastic.
   
3. Authorizes the director of CalRecycle to issue guidelines for determining whether a plastic product is not compliant with the labeling requirements for compostable plastic, and whether a plastic product is designed, pigmented, or advertised in a manner that is misleading to consumers.
   
4. Authorizes CalRecycle to adopt the European Committee for Standardization’s standard specification EN 17033:2018, Plastics – Biodegradable mulch films for use in agriculture and horticulture – Requirements and test methods; or may adopt a standard that is equivalent to, or more stringent than, the European Committee’s standard.
   
   1. Authorizes a person to sell commercial agricultural mulch film labeled with the term “soil biodegradable” if CalRecycle has adopted the standard specification and if it meets that specification and the ASTM standard specification for compostability.
      
   2. Defines “commercial agricultural mulch film” as film plastic that is used only as a technical tool in commercial farming applications.
      
5. Requires the Statewide Commission on Recycling Markets and Curbside Recycling to issue preliminary policy recommendations by January 1, 2021, and gives the commission an additional six months to make the policy recommendations and identify recyclable or compostable products. Requires the commission to provide an opportunity for public review and comment and specifies that the commission may share the recommendations and identifications with the Legislature or any other state or federal agency.
   
6. Specifies that the requirement that a business provide its customers with a recycling bin or container applies to theme parks, amusement parks, water parks, resorts or entertainment complexes, zoos, attractions, or other similar facilities on and after January 1, 2022.
   
7. Updates “ASTM standard specification” references and makes other technical changes.

Background

1. 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. Polyethylene mulch film is made of non-renewable, petroleum-based feedstock, and the operational lifetime usually spans one growing season prior to disposal.
   

Once the plastic mulch film has fulfilled its purpose in the field, end-of-life options include landfill disposal, on-site burning, or recycling – none of which are optimally environmentally-friendly. For example, recycling is only available on a very small scale as it 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 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 a 2008 report on agricultural plastic, CalRecycle found that over 55,500 tons of agricultural mulch film is disposed (i.e., landfilled or burned) in California annually. Landfill disposal is costly and takes up limited landfill capacity and runs contrary to the state's 75% recycling goal. On-site burning of plastic mulch film is harmful to air quality.

Ideally, plastic products would be recycled. However, due to 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 CalRecycle adopts a standard that ensures the material will safely decompose into the soil in a relatively short time period.

Biodegradable agricultural mulch film is designed to be incorporated into the soil after the growing season, which eliminates the need for other disposal options.

1. Biodegradable and compostable plastic standards. ASTM has developed standards for plastics designed to be composted in industrial compost facilities (D6400) and for paper and other products coated in plastic or other polymers designed to be composted in industrial compost facilities (D6868). ASTM began development of a marine degradable standard, but it was withdrawn, which means the standard has been “discontinued by the ASTM Sponsoring Committee responsible for the standard. A standard may be withdrawn with or without replacement.” There is no current standard for marine degradable plastic.
   

The European Committee for Standardization has adopted numerous standard specifications for plastics. In January 2018, it adopted EN 17033:2018, which applies to all European Union countries and Macedonia, Norway, Sweden, Switzerland, Serbia, Turkey, and the United Kingdom. This standard regulates the requirements for biodegradable plastic mulch films: their composition, biodegradability in soil, effect on the soil environment (i.e., ecotoxicity), mechanical and optical properties, and the test procedures for each of the listed categories. It is the only internationally-recognized standard for agricultural mulch films.

1. Statewide Commission on Recycling Markets and Curbside Recycling (Commission). For three decades, CalRecycle has been tasked with reducing disposal of municipal solid waste and promoting recycling in California through the Integrated Waste Management Authority (IWMA). Under IWMA, the state has established a statewide 75 percent source reduction, recycling, and composting goal by 2020 and over the years the Legislature has enacted various laws relating to increasing the amount of waste that is diverted from landfills. According to CalRecycle’s State of Disposal and Recycling in California 2017 Update, 42.7 million tons of material were disposed of into landfills in 2016.

An estimated 35 million tons of waste are disposed of in California’s landfills annually, of which 32% is compostable organic materials, 29% is construction and demolition debris, and 17% is paper. Local governments have been required to divert 50% of the waste generated within the jurisdiction from landfill disposal since 2000. AB 341 (Chesbro, Chapter 476, Statutes of 2011) required commercial waste generators, including multi-family dwellings, to arrange for recycling services for the material they generate and requires local governments to implement commercial solid waste recycling programs designed to divert solid waste generated by businesses out of the landfill. A follow up bill, AB 1826 (Chesbro, Chapter 727, Statutes of 2014) required generators of organic waste (i.e., food waste and yard waste) to arrange for recycling services for that material to keep it out of the landfill.

AB 1583 (Eggman, Chapter 690, Statutes of 2019) required CalRecycle to convene a Statewide Commission on Recycling Markets and Curbside Recycling and required the commission, by January 1, 2021, to issue policy recommendations to achieve market development goals for postconsumer waste material and secondary waste material and to achieve the reduction, recycling, and composting goal; and to identify products that are recyclable or compostable and regularly collected in curbside recycling programs.

Comments

1. Purpose of Bill. According to the author, “Plastic manufacturers have used the terms “compostable,” “home compostable,” or “soil biodegradable” for products that could take hundreds of years to effectively degrade or produce other negative environmental impacts. While this misuse of important terms hurts the environment, it also hurts the businesses that try to meet the standards in good faith, can encourage littering, and contaminates compost and recycling streams. This bill would allow the Director of CalRecycle to provide guidance on which products are compliant with established standards and would prevent the deceptive use of these terms if plastic products do not meet minimum requirements.
   

“This bill also supports development and use of truly degradable alternatives to traditional plastics by updating [California’s] existing “Truth in Environmental Advertising” law to reflect updated standards, certifications, and best practices for labeling products. It prevents the sale of products that use fraudulent claims of degradability.”

1. Removing references to “marine degradable” plastic. ASTM began development of a marine degradable standard, but withdrew it. There is no current standard for marine degradable plastic. AB 2287 deletes references to that term in code.
   
2. Adding more public participation to the Statewide Commission of Recycling Markets and Curbside Recycling (Commission). As formed by AB 1583, the Commission consists of representatives of public agencies, private solid waste enterprises, and environmental organizations with expertise in recycling. Since AB 1583’s enactment, some entities have felt that the interests represented are too narrow. To address this concern, AB 2287 requires the commission to provide an opportunity for public review and comment before finalizing recommendations and identifications and, taking into account the additional public participation, gives the commission an additional six months to make the recommendations and identifications.

Related/Prior Legislation

SB 1383 (Hueso) of 2014, would have authorized the Director of 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. This bill was vetoed by Governor Brown, who stated that the standard for biodegradable agricultural film plastic was not yet finalized.

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 1454 (DeSaulnier), of 2010 was similar to SB 567, but was vetoed by Governor Schwarzenegger.

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.

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.

AB 1023 (DeSaulnier, Chapter 143, Statutes of 2007) exempted these bags from the Plastic Trash Bag Law.

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.

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

According to the Senate Appropriations Committee, CalRecycle estimates an ongoing cost pressure of around $120,000 annually (special fund) to issue guidelines and adopt standards for the labeling of plastic products; and the Department of Justice estimates cost pressure of $357,000 annually (special fund) due to increased workload.

SUPPORT: (Verified 8/21/20)

Biodegradable Products Institute (co-source)

Californians Against Waste (co-source)

American Beverage Association
American Chemistry Council
California Chapters of The Solid Waste Association of North America's Legislative Task Force
California Farm Bureau Federation
California Food Producers
California League of Conservation Voters
Californians Against Waste

City of Torrance
Household and Commercial Products Association
Los Angeles County Solid Waste Management Committee/Integrated Waste Management Task Force
Plastics Industry Association
RecycleSmart
Republic Services INC.
RethinkWaste
Sierra Club California
Surfrider Foundation
Wine Institute

OPPOSITION: (Verified 8/21/20)

None received

ASSEMBLY FLOOR: 76-0, 6/8/20

AYES: Aguiar-Curry, Arambula, Bauer-Kahan, Berman, Bigelow, Bloom, Boerner Horvath, Bonta, Brough, Burke, Calderon, Carrillo, Cervantes, Chau, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Megan Dahle, Daly, Diep, Eggman, Flora, Fong, Frazier, Friedman, Gabriel, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager, Kiley, Lackey, Levine, Limón, Maienschein, Mathis, Mayes, McCarty, Medina, Mullin, Nazarian, Obernolte, O'Donnell, Patterson, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Salas, Santiago, Smith, Mark Stone, Ting, Voepel, Waldron, Weber, Wicks, Wood, Rendon

NO VOTE RECORDED: Low, Muratsuchi, Quirk

Prepared by: Genevieve M. Wong / E.Q. / (916) 651-4108

8/25/20 14:41:59

**** END ****

SENATE COMMITTEE ON APPROPRIATIONS

Senator Anthony Portantino, Chair

2019 - 2020 Regular Session

AB 2287 (Eggman) - Solid waste

Bill Summary:

This bill would authorize the use of agricultural mulch film plastic labeled “soil degradable” if it meets specified standards, make related clarifying and technical changes to the law relating to biodegradable and compostable labeling, as well as give the Statewide Commission on Recycling Markets and Curbside Recycling an additional six months to make certain market development policy recommendations and to identify recyclable or compostable products.

*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********

The following information is revised to reflect amendments

adopted by the committee on August 20, 2020

Fiscal Impact:

• CalRecycle estimates ongoing cost pressure of around $120,000 annually (special fund) to issue guidelines and adopt standards for the labeling of plastic products.
• The Department of Justice estimates cost pressure of $357,000 annually (special fund) due to increased workload.

Author Amendments:

The author’s amendments would require the Statewide Commission on Recycling Markets and Curbside Recycling to make preliminary recommendations on or before January 1, 2021.

Committee Amendments:

The committee amendments would specify that for a park, as defined, the requirement to provide a recycling bin applies on or after January 1, 2022.

-- END --

SENATE COMMITTEE ON

Senator Anthony Portantino, Chair

2019 - 2020 Regular Session

AB 2287 (Eggman) - Solid waste

Bill Summary:

This bill would authorizes the use of agricultural mulch film plastic labeled “soil degradable” if it meets specified standards, make related clarifying and technical changes to the law relating to biodegradable and compostable labeling, as well as give the Statewide Commission on Recycling Markets and Curbside Recycling an additional six months to make certain market development policy recommendations and to identify recyclable or compostable products.

Fiscal Impact:

• CalRecycle estimates ongoing cost pressure of around $120,000 annually (special fund) to issue guidelines and adopt standards for the labeling of plastic products.
• The Department of Justice estimates cost pressure of $357,000 annually (special fund) due to increased workload.

Background:

1. 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. Polyethylene mulch film is made of non-renewable, petroleum-based feedstock, and the operational lifetime usually spans one growing season prior to disposal.
   

Once the plastic mulch film has fulfilled its purpose in the field, end-of-life options include landfill disposal, on-site burning, or recycling – none of which are optimally environmentally-friendly. For example, recycling is only available on a very small scale as it 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 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 a 2008 report on agricultural plastic, CalRecycle found that over 55,500 tons of agricultural mulch film is disposed (i.e., landfilled or burned) in California annually. Landfill disposal is costly and takes up limited landfill capacity and runs contrary to the state's 75% recycling goal. On-site burning of plastic mulch film is harmful to air quality.

Ideally, plastic products would be recycled. However, due to 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 CalRecycle adopts a standard that ensures the material will safely decompose into the soil in a relatively short time period.

Biodegradable agricultural mulch film is designed to be incorporated into the soil after the growing season, which eliminates the need for other disposal options.

Proposed Law:

This bill:

1. Revises and renames the “OK home compost” definition to the “OK compost HOME certification” to demonstrate conformity with the TUV Austria certification.
   
2. Removes references to “marine degradable” plastic.
   
3. Authorizes the director of CalRecycle to issue guidelines for determining whether a plastic product is not compliant with the labeling requirements for compostable plastic, and whether a plastic product is designed, pigmented, or advertised in a manner that is misleading to consumers.
   
4. Authorizes CalRecycle to adopt the European Committee for Standardization’s standard specification 17033:2018, Plastics – Biodegradable mulch films for use in agriculture and horticulture – Requirements and test methods; or may adopt a standard that is equivalent to, or more stringent than, the European Committee’s standard.
   
   1. Authorizes a person to sell commercial agricultural mulch film labeled with the term “soil biodegradable” if CalRecycle has adopted the standard specification and if it meets that standard.
      
   2. Defines “agricultural mulch film” as film plastic that is used only as a technical tool in commercial farming applications.
      
5. Gives the Statewide Commission on Recycling Markets and Curbside Recycling an additional six months to make the policy recommendations and identify recyclable or compostable products. Requires the commission to provide an opportunity for public review and comment.

Related Legislation:

SB 1383 (Hueso) of 2014 would have authorized the Director of 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. This bill was vetoed by Governor Brown, who stated that the standard for biodegradable agricultural film plastic was not yet finalized.

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 1454 (DeSaulnier), of 2010 was similar to SB 567, but was vetoed by Governor Schwarzenegger.

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.

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.

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.

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.

-- END --

SENATE COMMITTEE ON ENVIRONMENTAL QUALITY

Senator Allen, Chair

2019 - 2020 Regular

Bill No: AB 2287

SUBJECT: Solid waste

DIGEST: Authorizes the use of agricultural mulch film plastic labeled “soil degradable” if it meets specified standards. Makes related clarifying and technical changes to the law relating to biodegradable and compostable labeling. Gives the Statewide Commission on Recycling Markets and Curbside Recycling an additional six months to make certain market development policy recommendations and to identify recyclable or compostable products.

ANALYSIS:

Existing law:

1. Finds and declares that it is the public policy of the state that environmental marketing claims, whether explicit or implied, should be substantiated by competent and reliable evidence to prevent deceiving or misleading consumers about the environmental impact of plastic products (Public Resources Code (PRC) §42355.5).
   
2. Prohibits the sale of a plastic product that is labeled with the term “compostable,” “home compostable,” or “marine degradable,” unless the product meets certain American Society for Testing and Materials (ASTM) standard specification, the Vicotte OK compost HOME certification, or a standard adopted by the Department of Resources Recycling and Recovery (CalRecycle) (PRC §§42356.2, 42357).
   
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 (PRC §42357).
   
4. Authorizes CalRecycle to review a new standard developed by ASTM or any other organization for 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 (PRC §42356.1).
   
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 (PRC §42357).
   
6. Defines “plastic product” as a product made of plastic, alone or in combination with other material (PRC §42356).
   
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 (PRC §42358).
   
8. Requires CalRecycle to, by July 1, 2020, convene a Statewide Commission on Recycling Markets and Curbside Recycling, and, by January 1, 2021, to issue policy recommendations to achieve market development goals and identify products that are recyclable or compostable (PRC §42005.5).
   

This bill:

1. Revises and renames the “OK home compost” definition to the “OK compost HOME certification” to demonstrate conformity with the TUV Austria certification.
   
2. Removes references to “marine degradable” plastic.
   
3. Authorizes the director of CalRecycle to issue guidelines for determining whether a plastic product is not compliant with the labeling requirements for compostable plastic, and whether a plastic product is designed, pigmented, or advertised in a manner that is misleading to consumers.
   
4. Authorizes CalRecycle to adopt the European Committee for Standardization’s standard specification 17033:2018, Plastics – Biodegradable mulch films for use in agriculture and horticulture – Requirements and test methods; or may adopt a standard that is equivalent to, or more stringent than, the European Committee’s standard.
   
   1. Authorizes a person to sell commercial agricultural mulch film labeled with the term “soil biodegradable” if CalRecycle has adopted the standard specification and if it meets that standard.
      
   2. Defines “agricultural mulch film” as film plastic that is used only as a technical tool in commercial farming applications.
      
5. Gives the Statewide Commission on Recycling Markets and Curbside Recycling an additional six months to make the policy recommendations and identify recyclable or compostable products. Requires the commission to provide an opportunity for public review and comment.
   

Background

1. 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. Polyethylene mulch film is made of non-renewable, petroleum-based feedstock, and the operational lifetime usually spans one growing season prior to disposal.
   

Once the plastic mulch film has fulfilled its purpose in the field, end-of-life options include landfill disposal, on-site burning, or recycling – none of which are optimally environmentally-friendly. For example, recycling is only available on a very small scale as it 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 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 a 2008 report on agricultural plastic, CalRecycle found that over 55,500 tons of agricultural mulch film is disposed (i.e., landfilled or burned) in California annually. Landfill disposal is costly and takes up limited landfill capacity and runs contrary to the state's 75% recycling goal. On-site burning of plastic mulch film is harmful to air quality.

Ideally, plastic products would be recycled. However, due to 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 CalRecycle adopts a standard that ensures the material will safely decompose into the soil in a relatively short time period.

Biodegradable agricultural mulch film is designed to be incorporated into the soil after the growing season, which eliminates the need for other disposal options.

1. Biodegradable and compostable plastic standards. ASTM has developed standards for plastics designed to be composted in industrial compost facilities (D6400) and for paper and other products coated in plastic or other polymers designed to be composted in industrial compost facilities (D6868). ASTM began development of a marine degradable standard, but it was withdrawn, which means the standard has been “discontinued by the ASTM Sponsoring Committee responsible for the standard. A standard may be withdrawn with or without replacement.” There is no current standard for marine degradable plastic.
   

The European Committee for Standardization has adopted numerous standard specifications for plastics. In January 2018, it adopted EN 17033:2018, which applies to all European Union countries and Macedonia, Norway, Sweden, Switzerland, Serbia, Turkey, and the United Kingdom. This standard regulates the requirements for biodegradable plastic mulch films: their composition, biodegradability in soil, effect on the soil environment (i.e., ecotoxicity), mechanical and optical properties, and the test procedures for each of the listed categories. It is the only internationally-recognized standard for agricultural mulch films.

1. Statewide Commission on Recycling Markets and Curbside Recycling (Commission). For three decades, CalRecycle has been tasked with reducing disposal of municipal solid waste and promoting recycling in California through the Integrated Waste Management Authority (IWMA). Under IWMA, the state has established a statewide 75 percent source reduction, recycling, and composting goal by 2020 and over the years the Legislature has enacted various laws relating to increasing the amount of waste that is diverted from landfills. According to CalRecycle’s State of Disposal and Recycling in California 2017 Update, 42.7 million tons of material were disposed of into landfills in 2016.

An estimated 35 million tons of waste are disposed of in California’s landfills annually, of which 32% is compostable organic materials, 29% is construction and demolition debris, and 17% is paper. Local governments have been required to divert 50% of the waste generated within the jurisdiction from landfill disposal since 2000. AB 341 (Chesbro, Chapter 476, Statutes of 2011) required commercial waste generators, including multi-family dwellings, to arrange for recycling services for the material they generate and requires local governments to implement commercial solid waste recycling programs designed to divert solid waste generated by businesses out of the landfill. A follow up bill, AB 1826 (Chesbro, Chapter 727, Statutes of 2014) required generators of organic waste (i.e., food waste and yard waste) to arrange for recycling services for that material to keep it out of the landfill.

AB 1583 (Eggman, Chapter 690, Statutes of 2019) required CalRecycle to convene a Statewide Commission on Recycling Markets and Curbside Recycling and required the commission, by January 1, 2021, to issue policy recommendations to achieve market development goals for postconsumer waste material and secondary waste material and to achieve the reduction, recycling, and composting goal; and to identify products that are recyclable or compostable and regularly collected in curbside recycling programs.

Comments

1. Purpose of Bill. According to the author, “Plastic manufacturers have used the terms “compostable,” “home compostable,” or “soil biodegradable” for products that could take hundreds of years to effectively degrade or produce other negative environmental impacts. While this misuse of important terms hurts the environment, it also hurts the businesses that try to meet the standards in good faith, can encourage littering, and contaminates compost and recycling streams. This bill would allow the Director of CalRecycle to provide guidance on which products are compliant with established standards and would prevent the deceptive use of these terms if plastic products do not meet minimum requirements.
   

“This bill also supports development and use of truly degradable alternatives to traditional plastics by updating [California’s] existing “Truth in Environmental Advertising” law to reflect updated standards, certifications, and best practices for labeling products. It prevents the sale of products that use fraudulent claims of degradability.”

1. Removing references to “marine degradable” plastic. The ASTM began development of a marine degradable standard, but withdrew it. There is no current standard for marine degradable plastic. AB 2287 deletes references to that term in code.
   
2. Adding more public participation to the Statewide Commission of Recycling Markets and Curbside Recycling (Commission). As formed by AB 1583, the Commission consists of representatives of public agencies, private solid waste enterprises, and environmental organizations with expertise in recycling. Since AB 1583’s enactment, some entities have felt that the interests represented are too narrow. To address this concern, AB 2287 requires the commission to provide an opportunity for public review and comment before finalizing recommendations and identifications and, taking into account the additional public participation, gives the commission an additional six months to make the recommendations and identifications.
   

Related/Prior Legislation

SB 1383 (Hueso) of 2014 would have authorized the Director of 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. This bill was vetoed by Governor Brown, who stated that the standard for biodegradable agricultural film plastic was not yet finalized.

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 1454 (DeSaulnier), of 2010 was similar to SB 567, but was vetoed by Governor Schwarzenegger.

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.

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.

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.

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.

SOURCE:

Biodegradable Products Institute and Californians Against Waste (co-sponsors)

SUPPORT:

American Beverage Association
American Chemistry Council
California Chapters of The Solid Waste Association of North America's Legislative Task Force
California Farm Bureau Federation
California Food Producers
California League of Conservation Voters
Californians Against Waste
City of Torrance
Household and Commercial Products Association
Los Angeles County Solid Waste Management Committee/Integrated Waste Management Task Force
Plastics Industry Association
RecycleSmart
Republic Services INC.
RethinkWaste
Sierra Club California
Surfrider Foundation
Wine Institute

OPPOSITION:

None received

-- END --

Date of Hearing: June 2, 2020

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez, Chair

ABPCA Bill Id:AB 2287

Author:(Eggman) – As Amended Ver:May 5, 2020

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill authorizes the use of agricultural mulch film plastic labeled “soil degradable” if it meets specified standards. Additionally, this bill:

1. Authorizes the Director of CalRecycle (Director) to issue guidelines and develop regulations for the labeling of plastic products. Specifically, the Director is authorized to determine whether plastic product complies with existing labeling requirements for compostable plastic, and whether a plastic product is designed, pigmented or advertised in a manner that is misleading to consumers.
2. Authorizes the Director to adopt specified biodegradable mulch film standard requirements and test methods for use in agriculture and horticulture published by the European Committee for Standardization.
3. Authorizes a person to sell commercial agricultural mulch film labeled with the term “soil biodegradable” only if the Director has adopted standards and the product is in compliance.
4. Defines “commercial agricultural mulch film” to mean film plastic that is used only as a technical tool in commercial farming applications.
5. Revises and renames the “OK home compost” definition to the “OK compost HOME certification” to demonstrate conformity with the TUV Austria certification.
6. Removes references to “marine degradable” plastic.

FISCAL EFFECT:

This bill provides authority to CalRecycle to issue guidelines and develop regulations for the labeling of plastic products.

If CalRecycle implements these provisions, there will be initial one-time costs of approximately $125,000 and ongoing annual costs of approximately $120,000 (special fund).

COMMENTS:

Rationale. Plastic mulch film, generally made of polyethylene, is widely used to cover crops because it controls weeds, conserves soil moisture, increases soil temperature, increases crop yield and quality, is 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. None of these options are desirable.

Landfill disposal is costly, takes up limited landfill capacity and runs counter to the state’s 75% recycling goal. The on-site burning of plastic mulch film is harmful to air quality, often disproportionally impacting vulnerable communities. Recycling, the third option, is available only on a small scale due to challenges of cleaning and processing the material which may contain pesticides, herbicides or fertilizers.

Conversely, biodegradable agricultural mulch film is designed to be incorporated into the soil after the growing season, which eliminates the need for other disposal options. However, according to the author, “ Plastic product manufacturers have used the terms ‘compostable,’ ‘home compostable,’ or ‘soil biodegradable’ for products that could take hundreds of years to effectively degrade or produce other negative environmental impacts.”

To address this and many other plastic issues, the European Committee for Standardization adopted numerous standard specifications for plastics. In January 2018, it adopted EN 17033:2018, which applies to all European Union countries and Macedonia, Norway, Sweden, Switzerland, Serbia, Turkey and the United Kingdom. This standard regulates the requirements for biodegradable plastic mulch films including their biodegradability in soil and effect on the soil environment. It is the only internationally recognized standard for agricultural mulch films.

This bill is intended to allow the Director to provide guidance on which products are compliant with established world standards to prevent the deceptive use of terms and support the development and use of biodegradable products.

The American Society for Testing Materials (ASTM) began development of a marine degradable standard, but withdrew it. There is no current standard for marine degradable plastic. This bill deletes references to that term in code.

Analysis Prepared by: Jennifer Galehouse / APPR. / (916) 319-2081

Date of Hearing: May 13, 2020

ASSEMBLY COMMITTEE ON NATURAL RESOURCES

Laura Friedman, Chair

ABPCA Bill Id:AB 2287 (

Author:Eggman) – As Amended Ver:May 5, 2020

SUBJECT: Solid waste: plastic products: certification

SUMMARY: Authorizes the use of agricultural mulch film plastic labeled “soil degradable” if it meets specified standards. Makes related clarifying and technical changes to the law relating to biodegradable and compostable labeling.

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 the Department of Resources 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. 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.
   
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. Revises and renames the “OK home compost” definition to the “OK compost HOME certification” to demonstrate conformity with the TUV Austria certification.
2. Defines “commercial agricultural mulch film” to mean film plastic that is used only as a technical tool in commercial farming applications.
3. Removes references to “marine degradable” plastic.
4. Authorizes the Director of CalRecycle (Director) to issue guidelines for determining whether a plastic product is not compliant with the labeling requirements for compostable plastic, and whether a plastic product is designed, pigmented, or advertised in a manner that is misleading to consumers.
5. Authorizes the Director to adopt the European Committee for Standardization’s standard specification 17033:2018, Plastics – Biodegradable mulch films for use in agriculture and horticulture – Requirements and test methods.
6. Authorizes a person to sell commercial agricultural mulch film labeled with the term “soil biodegradable” only if the Director has adopted the standard and it meets the standard.

FISCAL EFFECT: Unknown

COMMENTS:

1. Author’s statement:

Plastic product manufacturers have used the terms “compostable,” “home compostable,” or “soil biodegradable” for products that could take hundreds of years to effectively degrade or produce other negative environmental impacts. While this misuse of important terms hurts the environment, it also hurts the businesses that try to meet the standards in good faith, can encourage littering, and contaminates compost and recycling streams. This bill would allow the Director of CalRecycle to provide guidance on which products are compliant with established standards and would prevent the deceptive use of these terms if plastic products do not meet minimum requirements.

This bill also supports the development and use of truly degradable alternatives to traditional plastics by updating CA’s existing “Truth in Environmental Advertising” law to reflect updated standards, certifications, and best practices for labeling products. It prevents the sale of products that use fraudulent claims of degradability.

1. 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 is 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 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 a 2008 report on agricultural plastic, CalRecycle found that over 55,500 tons of agricultural mulch film is disposed (i.e., landfilled or burned) in California annually. Landfill disposal is costly and takes up limited landfill capacity and runs contrary to the state's 75% recycling goal. On-site burning of plastic mulch film is harmful to air quality.

Ideally, plastic products would be recycled. However, due to 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 CalRecycle adopts a standard that ensures the material will safely decompose into the soil in a relatively short time period.

Biodegradable agricultural mulch film is designed to be incorporated into the soil after the growing season, which eliminates the need for other disposal options.

1. Biodegradable and compostable plastic standards. ASTM has developed standards for plastics designed to be composted in industrial compost facilities (D6400) and for paper and other products coated in plastic or other polymers designed to be composted in industrial compost facilities (D6868). ASTM began development of a marine degradable standard, but it was withdrawn, which means the standard has been “discontinued by the ASTM Sponsoring Committee responsible for the standard. A standard may be withdrawn with or without replacement.” There is no current standard for marine degradable plastic.

The European Committee for Standardization has adopted numerous standard specifications for plastics. In January 2018, it adopted EN 17033:2018, which applies to all European Union countries and Macedonia, Norway, Sweden, Switzerland, Serbia, Turkey, and the United Kingdom. This standard regulates the requirements for biodegradable plastic mulch films: their composition, biodegradability in soil, effect on the soil environment (i.e., ecotoxicity), mechanical and optical properties, and the test procedures for each of the listed categories. It is the only internationally-recognized standard for agricultural mulch films.

1. Previous legislation. There have been a number of bills relating to plastic product labeling claims pertaining to biodegradability.
   
   1. SB 1383 (Hueso) of 2014 would have authorized the Director of 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. This bill was vetoed by Governor Brown, who stated that the standard for biodegradable agricultural film plastic was not yet finalized.
      
   2. 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.
      
   3. 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.
      
   4. SB 1454 (DeSaulnier), of 2010 was similar to SB 567, but was vetoed by Governor Schwarzenegger.
      
   5. 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.
      
   6. 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.
      
   7. 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.
      
   8. 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.
      

REGISTERED SUPPORT / OPPOSITION:

Support

Californians Against Waste

Center for Oceanic Awareness, Research, & Education

Clean Water Action

Heal the Bay

Northern California Recycling Association

Plastic Oceans International

Plastic Pollution Coalition

RecycleSmart

Rethink Waste

Save Our Shores

Seventh Generation Advisors

The 5 Gyres Institute

Upstream

Wishtoyo Chumash Foundation

Zero Waste USA

Opposition

None on file

Analysis Prepared by: Elizabeth MacMillan / NAT. RES. /