BILL NUMBER: AB 1998 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 28, 2010
AMENDED IN ASSEMBLY APRIL 20, 2010
AMENDED IN ASSEMBLY APRIL 5, 2010
INTRODUCED BY Assembly Member Brownley
(Principal coauthor: Senator Leno)
(Coauthors: Assembly Members Ammiano, Chesbro, DeB Leon, Evans,
Feuer, Hill, Bonnie Lowenthal, Nava, Ruskin, Skinner, Torlakson, and
Yamada)
(Coauthors: Senators DeSaulnier , Hancock, Liu,
Lowenthal, and Pavley)
FEBRUARY 17, 2010
An act to amend Section 42257 of, and to add Chapter 5.3
(commencing with Section 42280) to Part 3 of Division 30 of, the
Public An act to add Chapter 5.3 (commencing with
Section 42280) to, an d to repeal Chapter 5.1 (commencing
with Section 42250) of, Part 3 of Division 30 of the Public
Resources Code, relating to solid waste.
LEGISLATIVE COUNSEL'S DIGEST
AB 1998, as amended, Brownley. Solid waste: single-use carryout
bags.
Existing law requires an operator of a store, as defined, to
establish an at-store recycling program that provides to customers
the opportunity to return clean plastic carryout bags to that store.
This requirement is repealed on January 1, 2013.
This bill would repeal those at-store recycling program
requirements on January 1, 2012 2011 ,
and would instead, on and after January 1, 2012, prohibit a
store certain types of stores , as defined, from
providing a single-use carryout bag to a customer. The bill
would, on and after July 1, 2013, prohibit convenience food stores,
foodmarts, and certain specified stores from providing a single-use
carryout bag to a customer. The bill would require a store, on and
after July 1, 2013, to only provide reusable bags, as defined, or to
make available for sale recycled paper bags at a reasonable cost, but
not less than $0.05. The bill would exempt the sale of certain
specified bags from the above prohibition and restriction. The bill
would, beginning January 1, 2013, require a reusable bag manufacturer
to obtain a biennial certification from the Department of Resources
Recycling and Recovery by submitting a certification fee and
a certification that its reusable bag meets specified
requirements. The bill would specify administrative civil penalties
for a person who violates the above requirements. The bill would
require the department to deposit the certification fees into the
Reusable Bag Account, which would be established by the bill in the
Integrated Waste Management Fund, and to deposit the
penalties and fines collected into the Penalty Subaccount, which
would be established by the bill in the account. The bill would
provide that moneys in the account and the subaccount would be
expended by the department, upon appropriation by the Legislature, to
implement the above requirements.
The bill would require the department, on or before January 1,
2015, to submit to the Legislature a report regarding the
effectiveness of the bill's provisions and recommendations to further
encourage the use of reusable bags. The requirement for submitting
the report would become inoperative on January 1, 2019.
This bill would preempt local regulations on the use and sales of
reusable bags, single-use carryout bags, recycled paper bags, or
other specified bags at stores, as defined.
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. The Legislature finds and declares all of the
following:
(a) The prohibition imposed by this act, pursuant to Section
42281 of the Public Resources Code, is necessary for the
environmental, public health, and societal burdens imposed by
single-use plastic carryout bags.
(b) Despite global treaties to prevent dumping at sea and
minimize land-based sources of pollution, and increasing efforts
worldwide to protect water quality, the quantity of marine debris in
the world's oceans is increasing.
(c) Despite recycling and voluntary solutions to control
pollution from plastic bags in California, only 5 percent of plastic
carryout bags are recycled and the rest either take up valuable
landfill space or are discarded in the environment.
(d) The North Pacific Gyre in the Pacific Ocean is home to the
largest accumulation of plastic pollution, now estimated to be the
size of the United States and is increasing rapidly.
(e) According to the California Coastal Commission, the majority
of marine debris is composed of plastic materials; 60 to 80 percent
overall and 90 percent of floating debris is plastic.
(f) It is estimated that at least 267 species of wildlife have
been threatened by marine debris through ingestion or entanglement,
including sea turtles, fish, marine mammals, and various species of
sea birds.
(g) Paper bags made from virgin materials are not environmentally
sound alternatives to plastic carryout bags because the production
of these types of bags contributes to deforestation, natural resource
depletion, greenhouse gas emissions, and waterborne wastes.
(h) Though recycled content paper carryout bags are recyclable and
have fewer negative impacts than virgin paper bags, recycled content
paper carryout bags are not environmentally sound alternatives to
plastic carryout bags, because the production of these types of bags
contributes to greenhouse gas emissions and waterborne wastes.
(a) The prohibition imposed by this act, pursuant to Section 42281
of the Public Resources Code, is necessary to reduce the
environmental, public health, economic, and societal costs resulting
from the production, use, and discard of single-use plastic carryout
bags.
(b) Despite local and state efforts to minimize land-based sources
of pollution, and increasing efforts worldwide to protect water
quality, the quantity of plastic pollution in the world's aquatic
environments is increasing.
(c) Recycled content paper carryout bags, while not without their
impacts, when made with 40 percent or more postconsumer content, are
a high value recyclable collected in every curbside and community
recycling program in California.
(i)
(d) Plastics made from bio-based sources that are
marketed as "compostable" or "biodegradable" are not environmentally
sound alternatives to plastic carryout bags because they have not
been shown to degrade in aquatic environments and require conditions
only available in composting facilities to rapidly break down into
constituents that assimilate back into the environment. Most
Californians lack access to composting facilities capable of
accepting compostable plastic bags.
(j)
(e) On September 18, 2006, the West Coast Governor's
Agreement on Ocean Health was signed by Governor Schwarzenegger of
California, Governor Kulongoski of Oregon, and Governor Gregoire of
Washington to address the challenges of the Pacific coast's declining
health and to establish its protection as a regional priority.
(k)
(f) On February 8, 2007, the California Ocean
Protection Council approved a resolution to call for statewide action
to reduce the amount of land-based sources of marine debris and the
resulting implementation strategy was adopted by the Ocean Protection
Council in November 2008, which called for aggressive actions to
reduce the use of single-use plastic products, including plastic
bags.
(l) On World Oceans Day 2009, the Under-Secretary General and
Executive Director of the United Nations Environmental Programme
called for an outright ban or rapid phaseout of thin film plastic
carryout bags worldwide.
(m) In the United States, and in California, many cities have
already enacted bans, or are seriously considering banning plastic
single-use bags.
(n) The Legislature finds and declares that proliferation of these
bans should be of statewide interest and concern and that the state
should take action regulating the use of plastic and paper single-use
bags.
(g) In the United States, and in California, many cities have
already introduced or enacted bans of single-use carryout bags
creating a patchwork of rules and regulations governing the use and
disposal of these bags.
(h) The Legislature finds and declares that environmental and
economic costs posed by single-use bags is of statewide interest and
concern and that the state should take action to substantially reduce
the use of plastic and other single-use bags.
SEC. 2. Section 42257 of the Public Resources
Code is amended to read:
42257. This chapter shall remain operative only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date.
SEC. 2. Chapter 5.1 (commencing with Section
42250) of Part 3 of Division 30 of the Public Resources
Code is repealed.
SEC. 3. Chapter 5.3 (commencing with Section 42280) is added to
Part 3 of Division 30 of the Public Resources Code, to read:
CHAPTER 5.3. SINGLE-USE CARRYOUT BAGS
Article 1. Definitions
42280. For purposes of this chapter, the following definitions
shall apply:
(a) "Department" means the Department of Resources Recycling and
Recovery.
(b) "Recycled paper bag" means a paper carryout bag provided by a
store to a customer at the point of sale that meets all of the
following requirements:
(1) Contains a minimum of 40 percent postconsumer recycled
content.
(2) Is accepted for recycling in curbside programs in a majority
of households that have access to curbside recycling programs in the
state.
(3) Is capable of composting, consistent with the timeline and
specifications of the American Society of Testing and Materials
(ASTM) Standard Specifications for Compostable Plastics D6400, as
published in September 2004.
(4) Has printed on the bag the name of the manufacturer, the
location (country) where the bag was manufactured, and the percentage
of postconsumer content.
(b) "Reusable bag" means a bag that meets both of the following
(c) (1) Until a
standard is established and enforceable by the department, "reusable
bag" means a bag that meets both of the following requirements:
(1)
(A) Is designed and manufactured for at least 100 uses.
(2) (A)
(B) (i) Is made of a
washable material that does not contain lead or any other heavy metal
in a toxic amount, as determined by the department.
(B) The requirement of subparagraph (A)
(ii) The requirements of clause (i)
shall not affect any authority of the Department of Toxic
Substances Control pursuant to Article 14 (commencing with Section
25251) of Chapter 6.5 of Division 20 of the Health and Safety Code
and , notwithstanding subdivision (c) of Section 25257.1
of the Health and Safety Code, shall not be considered as a product
category already regulated or subject to regulation.
(c) "Single-use carryout bag" means a bag that meets all of the
following conditions:
(1) Is designed for one or more uses, but fewer than 100 uses.
(2) Is made of plastic, paper, or other material.
(3) Is provided by a store to a customer at the point of sale.
(2) By January 1, 2013, the department shall establish standards
in regulations that define "reusable bag," using the standards
specified in paragraph (1), and any additional durability, material
content, or labeling requirements. Labeling requirements shall, at a
minimum, require reusable bags to be imprinted, in a manner
sufficient to be identifiable and readable, with both of the
following:
(A) The name of the reusable bag producer.
(B) The reusable bag seal or logo, as determined by the
department, showing compliance with the minimum standards.
(d) "Reusable bag producer" means either of the following:
(1) A person or entity that manufactures a reusable bag.
(2) A person or entity that initially sells or offers for sale or
distribution a reusable bag in California.
(e) (1) "Single-use carryout bag" means a bag made of plastic,
paper, or other material, that is provided by a store to a customer
at the point of sale and that is not a reusable bag, as defined in
subdivision (c).
(2) A single-use carryout bag does not include either of the
following:
(A) A bag provided by a pharmacy to a customer purchasing
prescription medication.
(B) A nonhandled bag used to protect a purchased item from
damaging or contaminating other purchased items when placed in a
recycled paper bag or reusable bag.
(d)
(f) "Store" means a retail establishment that
provides single-use carryout bags to its customers as a result of the
sale of a product and that meets any of the following
requirements:
(1) Meets the definition of a "supermarket" in Section 14526.5.
(2) Has over 10,000 square feet of retail space that generates
sales or use tax pursuant to the Bradley-Burns Uniform Local Sales
and Use Tax Law (Part 1.5 (commencing with Section 7200) of Division
2 of the Revenue and Taxation Code) and has a pharmacy licensed
pursuant to Chapter 9 (commencing with Section 4000) of Division 2 of
the Business and Professions Code.
(3) Is a convenience food store or foodmart engaged in retailing a
limited line of goods that generally includes milk, bread, soda, and
snacks.
(3) Is a convenience food store, foodmart, or other entity engaged
in the retail sale of a limited line of goods that generally
includes milk, bread, soda, and snack foods with a Type 20 or 21
license issued by the Department of Alcoholic Beverage Control.
Article 2. Carryout Bag Regulation
42281. (a) (1) On and after January 1,
2012, a store , as defined in paragraph (1) or (2) of
subdivision (f) of Section 42280, shall not provide a
single-use carryout bag to a customer at the point of sale.
(2) On and after July 1, 2013, a store, as defined in paragraph
(1) or (2) of subdivision (f) of Section 42280, shall only provide
reusable bags, as defined by subdivision (c) of Section 42280, that
meet the requirements of this chapter and standards established by
the department.
(b) A store shall make reusable bags available for purchase by a
customer. A store, as defined in paragraph (1) or (2) of
subdivision (f) of Section 42280, may provide reusable bags to
customers at no cost.
(c) Notwithstanding any other law, a store may provide a customer
participating in the California Special Supplemental Food Program for
Women, Infants, and Children pursuant to Article 2 (commencing with
Section 123275) of Chapter 1 of Part 2 of Division 106 of the Health
and Safety Code with a reusable bag or a recycled paper bag at no
cost.
(d) Notwithstanding the requirements of subdivision (a), a store
shall make available for sale to a consumer at the point of sale a
recycled paper bag at a reasonable cost, but not less than five cents
($0.05), except as provided in subdivision (c).
(e) Notwithstanding subdivision (a), because the City and County
of San Francisco provides residents with curbside collection of
foodwaste for composting, and has encouraged stores to stock
compostable plastic bags to facilitate participation in that program,
a store in the City and County of San Francisco may sell to a
consumer at the point of sale a compostable plastic bag meeting the
American Society for Testing and Materials (ASTM) Standard
Specification for Compostable Plastics D6400, as published in
September 2004, at a cost not less than five cents ($0.05).
42282. Beginning July 1, 2013, a store as defined in paragraph
(3) of subdivision (f) of Section 42280 shall comply with the
provisions of this article.
42283. (a) On or after January 1, 2013, and on or before January
1 every two years thereafter, a reusable bag producer that sells,
distributes, or makes a reusable bag available to a store in
California, shall submit a certification to the department that each
reusable bag meets the requirements of subdivision (c) of Section
42280 and associated standards issued by the department.
(b) A reusable bag producer shall submit a fee to the department
with each certification pursuant to Section 42284.
(c) The department shall provide a system to submit certifications
online.
(d) The department shall publish a list on its Internet Web site
that includes:
(1) The name, location, and appropriate contact information of a
reusable bag producer in compliance with this chapter.
(2) The reusable bag product or products in compliance with this
chapter.
42284. (a) The fee for the initial certification by a reusable
bag producer, as defined in subdivision (d) of Section 42280, shall
not exceed ten thousand dollars ($10,000) per reusable bag producer,
as determined by the department. In establishing the initial fee,
consideration by the department shall include, but not be limited to,
if provided by a reusable bag producer, the annual sales revenue of
a participating reusable bag producer, the number of employees of the
participating reusable bag producer, and the number of reusable bag
products to be submitted for certification by the participating
reusable bag producer.
(b) The fee for biennial certification thereafter shall be two
thousand dollars ($2,000). The department may adjust the biennial
certification fee, not to exceed three thousand dollars ($3,000) per
certification, if the department determines that additional fees are
necessary to support implementation of this chapter. Notification of
any fee increases shall be provided to certified producers and posted
on the department's Internet Web site 60 days in advance of the fee
increase.
(c) The fees in this section shall not exceed the amount necessary
to cover the department's reasonable costs associated with the
implementation of this chapter.
42285. (a) The department may inspect and audit any entity
subject to this chapter.
(b) On or after July 1, 2013, the department may test any reusable
bag manufactured by a reusable bag producer and provided to a store
for sale or distribution for compliance with this chapter and
associated regulations.
(c) The department may enter into an agreement with other state
entities that conduct inspections to provide necessary enforcement of
this chapter.
42286. (a) Any violation of Section 42281 shall be subject to an
administrative civil penalty assessed by the department in an amount
not to exceed five hundred dollars ($500) for the first violation.
Subsequent violations may be increased by up to five hundred dollars
($500) per violation, not to exceed five thousand dollars ($5,000)
per violation.
(b) Any violation of Section 42283, or any submission of false or
misleading information to the department, shall be subject to an
administrative civil penalty assessed by the department of up to
fifty thousand dollars ($50,000) per violation, not to exceed an
annual total of one hundred fifty thousand dollars ($150,000).
(c) The department shall publish a list on its Internet Web site
of any fines or penalties that have been levied against a violator of
this section for failure to comply with the requirements of this
chapter.
42287. (a) The department shall deposit all certification fees
paid pursuant to this article into the Reusable Bag Account, which is
hereby created in the Integrated Waste Management Fund in the State
Treasury. The moneys deposited in the Reusable Bag Account shall be
expended by the department, upon appropriation by the Legislature, to
assist the department with its costs of implementing this chapter.
(b) The department shall deposit all penalties and fines collected
pursuant to this article into the Penalty Subaccount, which is
hereby created in the Reusable Bag Account, and shall be expended by
the department, upon appropriation by the Legislature, to assist the
department with its costs of implementing this chapter.
42288. The department may adopt regulations that are reasonable
and necessary to implement this chapter.
Article 3. Report and Administration
42282. (a) On or before January 1, 2015, the department shall
submit a report to the Legislature regarding the effectiveness of
this chapter. The report shall also include recommendations to
further encourage the use of reusable bags by consumers and retailers
and to reduce the consumption of single-use carryout bags, including
at a minimum, expanding the definition of stores that are subject to
this chapter to all other stores and retail establishments
distributing single-use bags.
(b) The requirement for submitting a report imposed under
subdivision (a) is inoperative on January 1, 2019, pursuant to
Section 10231.5 of the Government Code.
(c) A report to be submitted pursuant to subdivision (a) shall be
submitted in compliance with Section 9895 of the Government Code.
42283. The department shall administer and enforce this chapter.
Article 3. Preemption
42289. This chapter is a matter of statewide interest and concern
and is applicable uniformly throughout the state. Accordingly, this
chapter occupies the whole field of regulation of reusable bags,
single-use carryout bags, recycled paper bags, or any other bag
referred to in this chapter. No city, county, or other local public
agency may enforce or implement any existing or new ordinance,
resolution, regulation, or rule on any store as defined by this
chapter relating to reusable bags, single-use carryout bags, recycled
paper bags, or any other bag referred to in this chapter unless
expressly authorized by this division.