California 2009-2010 Regular Session Status: To Executive

SB 228 — Plastic bags: compostable plastic bags.

Last action — Chaptered by Secretary of State. Chapter 406, Statutes of 2010.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

The California Integrated Waste Management Act of 1989, administered by the 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. The Guides for the Use of Environmental Marketing Claims, as developed by the Federal Trade Commission, provide the basis for voluntary compliance with Federal Trade Commission Act provisions regulating environmental advertising and marketing practices. This bill would require, beginning July 1, 2011, a manufacturer of a compostable plastic bag meeting the specified standards to ensure that the compostable plastic bag is "readily and easily identifiable," as the bill would define that term, from other plastic bags, in a manner that is consistent with the Federal Trade Commission Guides for the Use of Environmental Marketing Claims. The bill would prohibit a compostable plastic bag sold or distributed in the state from displaying a chasing arrow resin identification code or recycling type of symbol in any form. A manufacturer would be required to comply with these requirements only to the extent that those labeling requirements do not conflict with the Federal Trade Commission Guides for the Use of Environmental Marketing Claims.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 406, Statutes of 2010.

  2. Approved by Governor.

  3. Enrolled. To Governor at 4 p.m.

  4. Senate concurs in Assembly amendments. (Ayes 23. Noes 13. Page 4920.) To enrollment.

  5. In Senate. To unfinished business.

  6. Read third time. Passed. (Ayes 55. Noes 21. Page 6496.) To Senate.

  7. Assembly Rule 69(d) suspended. (Page 6352.)

  8. Read third time. Amended. (Page 6333.) To third reading.

  9. Read second time. To third reading.

  10. Read second time. Amended. To second reading.

  11. (Heard in committee on August 4.)

  12. From committee: Do pass as amended. (Ayes 12. Noes 4.)

  13. (Heard in committee on June 28.)

  14. From committee: Do pass, but first be re-referred to Com. on APPR. (Ayes 7. Noes 1.) Re-referred to Com. on APPR.

  15. Set, first hearing. Hearing canceled at the request of author.

  16. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on NAT. RES.

  17. To Com. on NAT. RES.

  18. In Assembly. Read first time. Held at Desk.

  19. Read third time. Passed. (Ayes 24. Noes 10. Page 2731.) To Assembly.

  20. Read second time. Amended. To third reading.

  21. From committee: Do pass as amended. (Ayes 6. Noes 3. Page 2693.)

  22. (Suspense - for vote only.)

  23. Set for hearing January 21.

  24. Set, first hearing. Held in committee and under submission.

  25. (Suspense - for vote only.)

  26. Set for hearing May 28.

  27. Joint Rule 62(a) file notice suspended. (Page 1036.)

  28. Placed on APPR suspense file.

  29. Set for hearing May 26.

  30. Re-referred to Com. on APPR. pursuant to Joint Rule 10.5.

  31. Read second time. Amended. To third reading.

  32. From committee: Do pass as amended. (Ayes 5. Noes 2. Page 754.)

  33. Set for hearing May 4.

  34. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on EQ.

  35. To Com. on EQ.

  36. From print. May be acted upon on or after March 26.

  37. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • DeSaulnier · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 3 voted No

Sponsors (1)

  • DeSaulnier

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Unfinished Business SB228 DeSaulnier

Passed 24 Yea · 13 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 221203
Democratic 2000
Republican 0100
Total 241303
% of votes cast 60%33%0%8%
How each member voted (40)
Member Party Vote
Yee — Yea
Cedillo — Yea
Wyland — Nay
Lowenthal — Yea
Negrete — Yea
Cogdill — Nay
Florez — Yea
Hancock — Yea
Runner — Nay
Corbett — Yea
Harman — Nay
Huff — Nay
Kehoe — Yea
Liu — Yea
McLeod — Yea
Pavley — Yea
Romero — Yea
Simitian — Yea
Steinberg — Yea
Ashburn — Nay
Blakeslee — Nay
Ducheny — Yea
Dutton — Nay
Wiggins — Not Voting
Wolk — Yea
Aanestad — Nay
Alquist — Yea
Hollingsworth — Nay
Leno — Yea
Oropeza — Not Voting
Price — Yea
Walters — Nay
Wright — Yea
Emmerson — Not Voting
Correa — Yea
DeSaulnier — Yea
Denham — Nay
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

SB 228 DeSaulnier Senate Third Reading By SKINNER

Passed 66 Yea · 22 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 622002
Democratic 3000
Republican 1200
Total 662202
% of votes cast 73%24%0%2%
How each member voted (90)
Member Party Vote
Hall — Not Voting
Carter — Yea
Chesbro — Yea
Coto — Yea
Davis — Yea
Bill — Yea
Tom — Yea
Eng — Yea
Evans — Yea
Fuentes — Yea
Charles — Yea
Garrick — Yea
Gilmore — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Ammiano — Yea
Bass — Yea
Beall — Yea
Hayashi — Yea
Hill — Yea
Huber — Yea
Lieu — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
John — Yea
A. — Yea
Perez — Yea
Conway — Nay
Cook — Nay
Yamada — Yea
Audra — Nay
Fuller — Nay
Furutani — Not Voting
Hagman — Nay
Harkey — Nay
Adams — Nay
Anderson — Nay
Knight — Nay
Mendoza — Yea
Miller — Nay
Monning — Yea
Nava — Yea
Norby — Nay
Silva — Nay
Smyth — Nay
Solorio — Yea
Swanson — Yea
Torlakson — Yea
Torrico — Yea
Tran — Nay
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hernandez — Yea
Huffman — Yea
Jeffries — Nay
Logue — Nay
Ma — Yea
Nestande — Nay
Nielsen — Nay
Ruskin — Yea
Skinner — Yea
Torres — Yea
Villines — Yea
Feuer — Yea
DeVore — Nay
Galgiani — Yea
Gatto — Yea
Beth Gaines — Nay
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

Do pass as amended.

Passed 14 Yea · 4 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 13401
Democratic 1000
Total 14401
% of votes cast 74%21%0%5%
How each member voted (19)
Member Party Vote
Hall — Yea
Conway — Not Voting
Coto — Yea
Charles — Yea
Gatto — Yea
De — Yea
Leon — Yea
Harkey — Nay
Miller — Nay
Norby — Nay
Skinner — Yea
Torlakson — Yea
Bradford — Yea
Nielsen — Nay
Solorio — Yea
Torrico — Yea
Davis — Yea
Fuentes — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Do pass and be re-referred to the Committee on Appropriations.

Passed 8 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 8101
Total 8101
% of votes cast 80%10%0%10%
How each member voted (10)
Member Party Vote
Gilmore — Yea
De — Yea
Leon — Yea
Hill — Yea
Brownley — Yea
Huffman — Not Voting
Knight — Nay
Logue — Yea
Skinner — Yea
Chesbro — Yea

Official roll call →

SENATE 3RD READING SB228 DESAULNIER

Passed 25 Yea · 10 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 23905
Democratic 2000
Republican 0100
Total 251005
% of votes cast 63%25%0%13%
How each member voted (40)
Member Party Vote
Yee — Yea
Cedillo — Yea
Wyland — Nay
Florez — Yea
Hancock — Yea
Lowenthal — Yea
Negrete — Yea
Cogdill — Nay
Corbett — Yea
Hollingsworth — Nay
Kehoe — Yea
Ducheny — Yea
Runner — Not Voting
Dutton — Nay
Leno — Yea
McLeod — Yea
Ashburn — Nay
Oropeza — Yea
Pavley — Yea
Price — Yea
Romero — Yea
Simitian — Yea
Steinberg — Yea
Wiggins — Yea
Wolk — Yea
Aanestad — Nay
Alquist — Not Voting
Harman — Nay
Huff — Not Voting
Liu — Yea
Maldonado — Not Voting
Walters — Not Voting
Wright — Yea
Correa — Yea
Cox — Nay
DeSaulnier — Yea
Denham — Nay
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Do pass as amended.

Passed 6 Yea · 3 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 6302
Total 6302
% of votes cast 55%27%0%18%
How each member voted (11)
Member Party Vote
Yee — Yea
Corbett — Yea
Price — Yea
Alquist — Not Voting
Kehoe — Yea
Leno — Yea
Liu — Yea
Walters — Nay
Wyland — Not Voting
Cox — Nay
Denham — Nay

Official roll call →

Placed on Appropriations Suspense file.

Passed 13 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 13000
Total 13000
% of votes cast 100%0%0%0%
How each member voted (13)
Member Party Vote
Yee — Yea
Hancock — Yea
Wyland — Yea
Runner — Yea
Corbett — Yea
Kehoe — Yea
Leno — Yea
Oropeza — Yea
Walters — Yea
Wolk — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Yea

Official roll call →

Do pass as amended.

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 4200
Democratic 1000
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Hancock — Yea
Pavley — Yea
Simitian — Yea
Runner — Nay
Ashburn — Nay
Corbett — Yea
Lowenthal, Josh Democratic Yea

Official roll call →

Subjects

environment
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Frequently asked questions

What does SB 228 do?
The California Integrated Waste Management Act of 1989, administered by the 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. The Guides for the Use of Environmental Marketing Claims, as developed by the Federal Trade Commission, provide the basis for voluntary compliance with Federal Trade Commission Act provisions regulating environmental advertising and marketing practices. This bill would require, beginning July 1, 2011, a manufacturer of a compostable plastic bag meeting the specified standards to ensure that the compostable plastic bag is "readily and easily identifiable," as the bill would define that term, from other plastic bags, in a manner that is consistent with the Federal Trade Commission Guides for the Use of Environmental Marketing Claims. The bill would prohibit a compostable plastic bag sold or distributed in the state from displaying a chasing arrow resin identification code or recycling type of symbol in any form. A manufacturer would be required to comply with these requirements only to the extent that those labeling requirements do not conflict with the Federal Trade Commission Guides for the Use of Environmental Marketing Claims.
Who sponsors SB 228?
SB 228 is sponsored by DeSaulnier.
What is the current status of SB 228?
This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 228?
Track SB 228 free on One Click Politics — get push/email alerts when it moves.

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