California Senate Bill SB228 Amended / Bill

 BILL NUMBER: SB 228AMENDED BILL TEXT AMENDED IN SENATE JANUARY 25, 2010 AMENDED IN SENATE MAY 7, 2009 AMENDED IN SENATE APRIL 13, 2009 INTRODUCED BY Senator DeSaulnier FEBRUARY 23, 2009 An act to add  Section   Sections 40116.5 and  42357.5 to the Public Resources Code, relating to plastic bags. LEGISLATIVE COUNSEL'S DIGEST SB 228, as amended, DeSaulnier. Plastic bags: compostable plastic bags. The California Integrated Waste Management Act of 1989, administered by the  California Integrated Waste Management Board   Department of Resources Recycling and Recovery  , 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,   2011,  a manufacturer of a compostable plastic bag meeting those standards to ensure that the compostable plastic bag is  readily and easily identifiable   "readily and easily identifiable," as the bill would define that term,  from other plastic bags.  The bill would define "readily and easily 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  plastic  bags to submit a yearly report to the  board   department  containing certain information  ,   and  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   department  . 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 40116.5 is added to the   Public Resources Code   , to read:   40116.5. "Department" means the Department of Resources Recycling and Recovery.   SECTION 1.   SEC. 2.  Section 42357.5 is added to the Public Resources Code, to read: 42357.5. (a) Beginning July 1,  2010,   2011,  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 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  by a recognized third-party independent verification  . (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) Notwithstanding paragraph (2) of subdivision (b), if the bag is smaller than 14 inches by 14 inches, the lettering and stripe shall be in proportion to the size of the bag.   (c)   (d)  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)   (e)  (1) Each manufacturer or supplier of a compostable  plastic  bag shall submit a report to the  board   department containing the certification required by this section for the preceding calendar year, together with any other information that the  board   department  may require.  The department shall retain the reports and a list of manufacturers or suppliers that have fulfilled the requirements of this section. The department shall make the reports available to the public upon request.  (2) Each manufacturer or supplier required to provide certification or any information pursuant to this section  shall   may  be subject to audit by the  board   department  .  (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.