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AB-937 Plastic products: commercial agricultural mulch film: labeling: soil biodegradable.(2017-2018)

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Date Published: 06/18/2018 02:00 PM
AB937:v94#DOCUMENT

Amended  IN  Senate  June 18, 2018
Amended  IN  Assembly  May 03, 2017
Amended  IN  Assembly  April 25, 2017
Amended  IN  Assembly  April 05, 2017
Amended  IN  Assembly  March 13, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 937


Introduced by Assembly Member Eggman
(Coauthors: Assembly Members Aguiar-Curry and Flora)
(Coauthor: Senator Cannella)

February 16, 2017


An act to amend Sections 4685 and 4781.4 of the Probate Code, relating to health care decisions. Section 42357 of the Public Resources Code, relating to solid waste.


LEGISLATIVE COUNSEL'S DIGEST


AB 937, as amended, Eggman. Health care decisions: order of priority. Plastic products: commercial agricultural mulch film: labeling: soil biodegradable.
Existing law prohibits the sale of a plastic product that is labeled as “biodegradable,” “degradable,” or “decomposable,” and prohibits implying that a plastic product will break down, fragment, biodegrade, or decompose in a landfill or other environment, unless the plastic product meets one of several specified standards relating to environmental marketing claims.
This bill would authorize the Director of Resources Recycling and Recovery to adopt a specified standard for biodegradable mulch film plastic and would authorize the sale of commercial agricultural mulch film, as defined, labeled as “soil biodegradable” only if the commercial agricultural mulch film meets, and the director adopts, that specified standard.

The Health Care Decisions Law, among other things, provides for an individual’s use of a request regarding resuscitative measures, which is a written document, signed by an individual with capacity or a legally recognized health care decisionmaker for the individual, and the individual’s physician, that directs a health care provider regarding resuscitative measures for the individual. The law excludes a health care provider who honors a request regarding resuscitative measures from criminal prosecution, civil liability, discipline for unprofessional conduct, administrative sanction, or any other sanction, as a result of his or her reliance on the request, if specific conditions are met. The law provides, if the orders in an individual’s request regarding resuscitative measures directly conflict with his or her individual health care instruction, as defined, that to the extent of the conflict, the most recent order or instruction is effective.

This bill would provide that, to the extent of that conflict, the most recent order signed by the individual or instruction made by the individual is effective. The bill would deem a request regarding resuscitative measures signed by specified persons on behalf of the individual to be signed by the individual. The bill would also make technical conforming changes.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 42357 of the Public Resources Code is amended to read:

42357.
 (a) (1) Except as provided in paragraph (3), a person shall not sell a plastic product in this state that is labeled with the term “compostable,” “home compostable,” or “marine degradable” unless, at the time of sale, the plastic product meets the applicable ASTM standard specification, as specified in paragraph (1) of subdivision (b) of Section 42356 42356, or the Vincotte OK Compost HOME certification, as provided in paragraph (4).
(2) Compliance with only a section or a portion of a section of an applicable ASTM standard specification does not constitute compliance with paragraph (1).
(3) Notwithstanding paragraph (1), a person may sell a plastic product in this state that is labeled with a qualified claim for a term specified in paragraph (1), if the plastic product meets the relevant standard adopted by the department pursuant to Section 42356.2.
(4) (A) A plastic product shall not be labeled with the term “home compostable” unless the manufacturer of that plastic product holds a Vincotte OK Compost HOME certificate of conformity with regard to that product, except as provided in subparagraph (B) or (C).
(B) Notwithstanding paragraph (1), if the ASTM adopts a standard specification for the term “home compostable” on or before January 1, 2016, and the department determines that the ASTM standard specification is at least equal to, or more stringent than, the OK Compost HOME certification, a plastic product labeled with the term “home compostable” shall meet that ASTM standard specification. The department may also take the actions specified in Section 42356.1 with regard to an ASTM standard for home compostability.
(C) If the department adopts a standard pursuant to Section 42356.2, a plastic product labeled with the term “home compostable” shall meet that standard and not the standard specified in subparagraph (A) or (B).
(b) Except as provided in subdivision (a), (a) or (e), a person shall not sell a plastic product in this state that is labeled with the term “biodegradable,” “degradable,” or “decomposable,” or any form of those terms, or in any way imply that the plastic product will break down, fragment, biodegrade, or decompose in a landfill or other environment.
(c) A manufacturer or supplier, upon the request of a member of the public, shall submit to that member, within 90 days of the request, information and documentation demonstrating compliance with this chapter, in a format that is easy to understand and scientifically accurate.
(d)  A product that is in compliance with this chapter shall not, solely as a result of that compliance, be deemed to be in compliance with any other applicable marketing requirement or guideline established under state law or by the Federal Trade Commission.
(e) (1) The director may adopt the European Committee for Standardization’s standard specification EN 17033:2018 entitled “Plastics - Biodegradable mulch films for use in agriculture and horticulture-Requirements and test methods.”
(2) A person may sell commercial agricultural mulch film labeled with the term “soil biodegradable” only if the director has adopted the standard specification pursuant to paragraph (1) and the film meets that specification.
(3) For purposes of this subdivision, “commercial agricultural mulch film” means film plastic that is used as a technical tool in commercial farming applications.

SECTION 1.Section 4685 of the Probate Code is amended to read:
4685.

Except as provided in subdivision (d) of Section 4711, unless the power of attorney for health care provides otherwise, the agent designated in the power of attorney who is known to the health care provider to be reasonably available and willing to make health care decisions has priority over any other person in making health care decisions for the principal.

SEC. 2.Section 4781.4 of the Probate Code is amended to read:
4781.4.

(a)If the orders in an individual’s request regarding resuscitative measures directly conflict with the individual’s known individual health care instruction, as defined in Section 4623, then, to the extent of the conflict, the most recent order signed by the individual or instruction made by the individual under Section 4623 is effective.

(b)For purposes of this section, a request regarding resuscitative measures signed by any of the following on behalf of an individual, and which meets all other requirements of Section 4780, shall be deemed to be signed by the individual:

(1)The individual.

(2)The surrogate designated pursuant to Section 4711.

(3)The agent designated pursuant to Section 4671.

(4)The conservator of the individual pursuant to Section 2354 or 2355.

(c)This section does not create a new duty or expand any existing duty to locate an individual’s health care instruction.