BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 820
                                                                  Page  1

          Date of Hearing:   May 2, 2007 

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mark Leno, Chair

                   AB 820 (Karnette) - As Amended:  April 9, 2007 

          Policy Committee:                              Natural Resources  
                       Vote:                            5-3

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:               

           SUMMARY  

          This bill prohibits, starting January 1, 2009, a state facility  
          from selling, possessing or distributing expanded polystyrene  
          food containers, with the following conditions:

          1)Applies to campus facilities of the University of California  
            only if the UC Regents approve the ban.

          2)Applies to facilities of the Department of Corrections and  
            Rehabilitation and the Department of Mental Health, unless  
            those departments' respective directors determine use of  
            expanded polystyrene food containers is the only alternative  
            that would not present a danger to persons in their  
            facilities.  

           FISCAL EFFECT  

          1)Potential moderate costs, in the range of $500,000 annually  
            starting in 2008-09, to all state agencies that maintain  
            facilities at which food is served, resulting from the ban on  
            use of expanded polystyrene food containers, and to the extent  
            adequate alternative containers are more expensive to purchase  
            and use.  (GF and various special funds.)

          2)Minor ongoing costs, probably less than $50,000 annually  
            starting in  2009-09, to all state agencies who contract out  
            the management of food concessions facilities to enforce the  
            prohibition on these contractors.  (GF and various special  
            funds.)

           COMMENTS  








                                                                  AB 820
                                                                  Page  2


           1)Rationale  .  The author believes that disposal of expanded  
            polystyrene food containers (popularly known under the brand  
            name "Styrofoam") results in several environmental and solid  
            waste landfill capacity problems.  As litter, these containers  
            account for a significant portion of marine debris and  
            contribute to the level of visual blight on land.  As solid  
            waste, these containers contribute to the volume of waste that  
            must be received and processed at landfills and they decompose  
            slowly.

           2)Background  .  SB 2117 (Karnette) - Chapter 406, Statutes of  
            2001 required the California Integrated Waste Management Board  
            to study the use of disposal of polystyrene in California.   
            The 2004 report recommended several ways to decrease use and  
            disposal of these materials, including developing better  
            anti-litter education efforts and data on polystyrene  
            contribution to statewide litter, enhancing penalties for  
            littering, studying compostable plastics, and promoting better  
            manufacturer stewardship of products made out of polystyrene.   
            The CIWMB did not recommend banning the sale, use or  
            distribution of expanded polystyrene food container or any  
            other polystyrene products.  The author notes that this ban is  
            limited to expanded polystyrene food containers used at state  
            facilities and that the state should set an example by  
            eliminating its use of these containers.

           3)Alternatives  .  State agencies, and the concessionaires they  
            contract with to operate cafeterias and other food service  
            facilities, would have to replace expanded polystyrene  
            containers with other containers made of plastic, cardboard,  
            or paper to provide both convenience to the consumer and the  
            facility.  These facilities also have the option to serve food  
            on reusable plates and in reusable bowls that would have to be  
            collected and washed at the facility before they could be used  
            again.  

           4)Prior Legislation  .  AB 1866 (Karnette) of 2006, held on this  
            committee's Suspense File, was virtually identical to this  
            bill.


           Analysis Prepared by  :    Steve Archibald / APPR. / (916)  
          319-2081