California Senate Bill SB228 Amended / Bill

 BILL NUMBER: SB 228AMENDED BILL TEXT AMENDED IN SENATE MAY 7, 2009 AMENDED IN SENATE APRIL 13, 2009 INTRODUCED BY Senator DeSaulnier FEBRUARY 23, 2009 An act to add Section 42357.5 to the Public Resources Code, relating to plastic bags. LEGISLATIVE COUNSEL'S DIGEST SB 228, as amended, DeSaulnier. Plastic bags: compostable  or marine degradable  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  marine degradable or  compostable plastic bag meeting those standards to ensure that the  marine degradable or  compostable plastic bag is readily and easily identifiable from other plastic bags. The bill would define "readily and easily  identifiable."   identifiable," to include labeling with a boardapproved certification logo.  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 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.  Vote: majority. Appropriation: no. Fiscal committee:  no   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  marine degradable or  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  marine degradable or  compostable plastic bag is readily and easily identifiable from other plastic bags. (b) For purposes of this section, "readily and easily identifiable" means labeling that meets both of the following requirements:  (1) Labeled with a recognized certification logo, such as the Biodegradable Products Institute logo, as meeting the ASTM D6400 or D7081 standard specification.   (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) The bag is made of a uniform color of green and labeled with the word "compostable" on one side of the bag, and the label shall be at least one inch in height. (B) Labeled with the word "compostable" on both sides of the bag and the label shall be one of the following: (i) Green color lettering at least one inch in height. (ii) 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 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.