Bill Text: CA AB903 | 2009-2010 | Regular Session | Amended
Bill Title: Solid waste: compostable plastic bags.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2010-11-30 - From Senate committee without further action. [AB903 Detail]
Download: California-2009-AB903-Amended.html
BILL NUMBER: AB 903 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 17, 2009
AMENDED IN SENATE JUNE 25, 2009
INTRODUCED BY Assembly Member Chesbro
FEBRUARY 26, 2009
An act to amend Section 42926 of add
Section 42357.5 to the Public Resources Code, relating to solid
waste.
LEGISLATIVE COUNSEL'S DIGEST
AB 903, as amended, Chesbro. Solid waste: state agency
recycling: electronic waste. compostable plastic bags.
The California Integrated Waste Management Act of 1989,
administered by the California Integrated Waste Management Board,
prohibits a person from selling a plastic bag in this state that is
labeled with the term "compostable" or "marine degradable" unless, at
the time of sale, the plastic bag meets specified standards for
those types of bags.
This bill would require, beginning July 1, 2010, a manufacturer of
a compostable plastic bag meeting those standards to ensure that the
compostable plastic bag is readily and easily identifiable from
other plastic bags. The bill would define "readily and easily
identifiable," to include a compostable plastic bag labeled with a
boardapproved certification logo and that meets other labeling
requirements. The bill would prohibit a compostable plastic bag sold
in the state from displaying a chasing arrow resin identification
code or recycling type of symbol in any form. The bill would require
the manufacturers or suppliers of compostable plastic bags to submit
a yearly report to the board containing certain information, subject
those manufacturers or suppliers to audit by the board, and require
the board to refer a false or misleading certification or other
information reported by those manufacturers or suppliers to the
Attorney General for prosecution.
The California Integrated Waste Management Act of 1989, which is
administered by the California Integrated Waste Management Board,
requires the board to implement various state programs designed to
encourage the reduction of solid waste.
The act requires each state agency to submit an annual report to
the board regarding solid waste reduction for the previous calendar
year.
This bill would also require that the report provide information
regarding the management of electronic wastes, as defined, generated
by the state agency, including the types, quantities, and final
disposition of electronic wastes and efforts by the state agency to
reduce the amounts of electronic wastes being generated.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 42357.5 is added to the
Public Resources Code , to read:
42357.5. (a) Beginning July 1, 2010, a manufacturer of a
compostable plastic bag meeting an ASTM standard specification
specified in paragraph (1) of subdivision (b) of Section 42356 or
Section 42356.1 shall ensure that the compostable plastic bag is
readily and easily identifiable from other plastic bags.
(b) For purposes of this section, "readily and easily identifiable"
means a compostable plastic bag with labeling that meets both of the
following requirements:
(1) Labeled with a boardapproved certification logo indicating the
bag meets the ASTM D6400 standard specification if the bag has been
certified as meeting that standard.
(2) Labeled in accordance with one of the following:
(A) Labeled with the word "compostable" on one side of a bag that
has a uniform color of green, and the label is at least one inch in
height.
(B) Labeled with the word "compostable" on both sides of the bag
and the label conforms to one of the following requirements:
(i) Has green color lettering at least one inch in height.
(ii) Is within a contrasting green color band of at least one inch
in height on both sides of the bag with color contrasting lettering
of at least one-half inch in height.
(c) A compostable plastic bag sold in the state shall not display
a chasing arrow resin identification code or recycling type of symbol
in any form.
(d) (1) Each manufacturer or supplier of a compostable plastic bag
shall submit a report to the board containing the certification
required by this section for the preceding calendar year, together
with any other information that the board may require.
(2) Each manufacturer or supplier required to provide
certification or any information pursuant to this section shall be
subject to audit by the board.
(3) If a manufacturer or supplier provides the board with a false
or misleading certification or other information, the board, within
30 days of determining that fact, shall refer the false or misleading
certification to the Attorney General for prosecution for fraud.
SECTION 1. Section 42926 of the Public
Resources Code is amended to read:
42926. (a) In addition to the information provided to the board
pursuant to Section 12167.1 of the Public Contract Code, each state
agency shall submit an annual report to the board summarizing its
progress in reducing solid waste as required by Section 42921. The
annual report shall be due on or before September 1, 2009, and on or
before September 1 in each subsequent year. The information in this
report shall encompass the previous calendar year.
(b) Each state agency's annual report to the board shall, at a
minimum and in a manner prescribed by the board, include all of the
following:
(1) Calculations of annual disposal reduction.
(2) Information on the changes in waste generated or disposed of
due to increases or decreases in employees, economics, or other
factors.
(3) A summary of progress made in implementing the integrated
waste management plan.
(4) The extent to which the state agency intends to utilize
programs or facilities established by the local agency for the
handling, diversion, and disposal of solid waste. If the state agency
does not intend to utilize those established programs or facilities,
the state agency shall identify sufficient disposal capacity for
solid waste that is not source reduced, recycled, or composted.
(5) Other information relevant to compliance with Section 42921.
(c) In addition to the information included in subdivision (b),
the state agency shall provide, at a minimum, all of the following
information regarding the management of electronic wastes generated
by the state agency:
(1) The types and quantities of electronic waste generated by the
state agency.
(2) The final disposition of those electronic wastes.
(3) Efforts by the state agency to reduce the amount of electronic
waste being generated.
(d) The board shall use, but is not limited to the use of, the
annual report in the determination of whether the agency's integrated
waste management plan needs to be revised.
(e) For purposes of this section, "electronic wastes" means wastes
such as computer monitors, televisions, cell phones, pagers,
printers, computer bodies (CPUs and processors), video cassette
recorders, cordless and regular telephones, radios, and other like
devices that are considered hazardous waste when discarded and must
be properly managed pursuant to Chapter 23 (commencing with Section
66273.1) of Division 4.5 of Title 22 of the California Code of
Regulations.
