BILL NUMBER: AB 158	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 9, 2013
	AMENDED IN ASSEMBLY  MARCH 20, 2013

INTRODUCED BY   Assembly Member Levine
   (Coauthors: Assembly Members Ammiano, Chesbro, Gordon, and
Lowenthal)
   (Coauthor: Senator Hill)

                        JANUARY 22, 2013

   An act to add Chapter 5.3 (commencing with Section 42280) to Part
3 of Division 30 of, and to repeal Section 42289 of, the Public
Resources Code, relating to solid waste.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 158, as amended, Levine. Solid waste: single-use carryout bags.

   Existing law, until January 1, 2020, 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.
   With specified exceptions, this bill  , as of January 1, 2015,
 would  , as of January 1, 2015,  prohibit
stores that have a specified amount of dollar sales or retail floor
space from providing a single-use carryout bag to a customer. The
bill would require these stores to meet other specified requirements
regarding providing recycled paper bags  ,   and
 compostable bags  , or reusable bags  to
customers.  The bill would require these stores to make reusable
grocery bags available to customers. 
   The bill would, on and after July 1, 2016, additionally impose
these prohibitions and requirements on convenience food stores,
foodmarts, and certain other specified stores.
   The bill  , beginning January 1, 2016,  would  ,
beginning January 1, 2016,  require  a 
reusable grocery  bag producer   bags  to
 submit to the Department of Resources Recycling and Recovery
a biennial certification, including a certification fee established
by the department, that certifies that each type of reusable grocery
bag that is imported, manufactured, sold, or distributed in the state
and provided to a store for sale or distribution meets 
 that are sold or provided to a store by a reusable grocery bag
producer meet  specified requirements. The bill would require
the department to deposit  the certification fees 
 all penalties collected for violations of these requirements
 into the Reusable Bag Account, which would be established by
the bill in the Integrated Waste Management Fund. The bill would
require that moneys in the account be expended by the department,
upon appropriation by the Legislature, to implement  the
certification   these  requirements. A
violation of these certification requirements would be subject to an
administrative civil penalty assessed by the department. The
department would be required to deposit these penalties into the
Penalty Subaccount, which the bill would create in the Reusable Bag
Account, for expenditure by the department, upon appropriation by the
Legislature, to implement the certification requirements. 
   The bill would require the department, by January 1, 2017, to
submit a report to the Legislature regarding the implementation of
the bill's provisions. The bill would repeal this report requirement
on January 1, 2018.
   The bill would allow a city, county, or city and county, or the
state to impose civil penalties for a violation of the bill's
requirements, except for the certification requirements. The bill
would require these civil penalties to be paid to the office of the
city attorney, city prosecutor, district attorney, or Attorney
General, whichever office brought the action, and would allow the
penalties collected by the Attorney General to be expended by the
Attorney General, upon appropriation by the Legislature, to enforce
the bill's provisions.  The bill would provide that these
remedies are not exclusive, as specified. 
   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.  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) "Postconsumer recycled material" means a material that would
otherwise be destined for solid waste disposal, having completed its
intended end use and product life cycle. Postconsumer recycled
material does not include materials and byproducts generated from,
and commonly reused within, an original manufacturing and fabrication
process.
   (c) "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) (A)  Except as provided in subparagraph (B), the paper
carryout bag contains   Contains  a minimum of 40
percent postconsumer recycled materials  , except as provided in
subparagraph (B)  .
   (B) An eight pound or smaller recycled paper bag shall contain a
minimum of 20 percent postconsumer recycled material.
   (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 Specification for Compostable Plastics D6400.
 
   (4) 
    (3)  Has printed on the bag the name of the
manufacturer, the location (country) where the bag was manufactured,
and the minimum percentage of postconsumer content.
   (d) (1) "Reusable grocery bag" on or before June 30, 2016, means
either of the following:
   (A) A bag made of cloth or other machine washable fabric that has
handles.
   (B) A durable plastic bag with handles that is at least 2.25 mils
thick and specifically designed for multiple reuses.
   (2) "Reusable grocery bag" on and after July 1, 2016, means a bag
that meets the requirements of Section 42287.
   (e) "Reusable grocery bag producer" means a person or entity that
does any of the following:
   (1) Manufactures reusable grocery bags for sale or distribution to
a store.
   (2) Imports reusable grocery bags into this state, for sale or
distribution to a store.
   (3) Sells or distributes reusable bags to a store.
   (f) (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 recycled paper bag or
 a reusable grocery bag that meets the requirements of 
Section 42287, on and after July 1, 2016, and paragraph (1) of
subdivision (d) of this section on or before June 30, 2016 
 subdivision (b) of Section 42287  .
   (2) A single-use carryout bag does not include either of the
following:
   (A) A bag provided by a pharmacy pursuant to Chapter 9 (commencing
with Section 4000) of Division 2 of the Business and Professions
Code to a customer purchasing a 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 grocery bag.
   (g) "Store" means a retail establishment that meets any of the
following requirements:
   (1) A full-line, self-service retail store with gross annual sales
of two million dollars ($2,000,000), or more, and  which
  that  sells a line of dry grocery items, canned
goods, or nonfood items, and some perishable items.
   (2) Has at least 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, foodmart, or other entity that is
engaged in the retail sale of a limited line of goods, generally
including milk, bread, soda, and snack foods, and that holds a Type
20 or Type 21 license issued by the Department of Alcoholic Beverage
Control.

      Article 2.  Carryout  Bag Regulation  
Bags 


   42281.  (a)  Except as provided in Section 42282,
  (1)     On or before June 30, 2016,
 the requirements of this section  shall  apply only to
a store  , as   that is  defined in
paragraph (1) or (2) of subdivision (g) of Section 42280. 
   (2) On and after July 1, 2016, the requirements of this section
shall apply to a store, as defined in subdivision (g) of Section
42280. 
   (b) (1) On and after January 1, 2015, a store shall not provide a
single-use carryout bag to a customer at the point of sale, except as
provided in this section.
   (2) On January 1, 2015, until June 30, 2016, a store may provide
to a customer a reusable grocery bag, as defined in paragraph (1) of
subdivision (d) of Section 42280.
   (3) On and after July 1, 2016, a store shall only provide to a
customer  at the point of sale  a reusable grocery bag, as
defined in paragraph (2) of subdivision (d) of Section 42280, that
meets the requirements of Section 42287.
   (c) A store shall make reusable grocery bags available for
purchase by a customer. 
   (d) Notwithstanding subdivision (b), a store may make available
for purchase at the point of sale a recycled paper bag.  
   (e) Notwithstanding subdivision (b), a store may make available
for purchase at the point of sale a compostable bag that, at a
minimum, meets the American Society for Testing and Materials (ASTM)
Standard Specification for Compostable Plastics D6400 if in the
jurisdiction where the compostable bag is sold both of the following
requirements are met:  
   (1) A majority of the residential households in the jurisdiction
have access to curbside collection of food waste for composting.
 
   (2) The governing authority for the jurisdiction has voted to
allow stores in the jurisdiction to sell to a consumer at the point
of sale a compostable bag at a cost not less than the actual cost of
the bag. 
   (d) 
    (f)  Notwithstanding any other law, on and after January
1, 2015, a store shall 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 and
a customer participating in the Supplemental Food Program pursuant
to Chapter 10 (commencing with Section 15500) of Part 3 of Division 9
of the Welfare and Institutions Code, with a reusable grocery bag or
a recycled paper bag at no cost at the point of sale. 
   (e) Notwithstanding subdivision (b), a store may make available
for purchase at the point of sale a recycled paper bag. 

   (f) Notwithstanding subdivision (b), a store may make available
for purchase at the point of sale a compostable bag, that at a
minimum meets the American Society for Testing and Materials (ASTM)
Standard Specification for Compostable Plastics D6400, if both of the
following requirements are met in the jurisdiction where the
compostable bag is sold:  
   (1) A majority of the residential households in the jurisdiction
have access to curbside collection of foodwaste for composting.
 
   (2) The governing authority for the jurisdiction has voted to
allow stores in the jurisdiction to sell to a consumer at the point
of sale a compostable bag at a cost not less than the actual cost of
the bags.  
   42282.  On and after July 1, 2016, a store, as defined in
paragraph (3) of subdivision (g) of Section 42280, shall comply with
the same requirements of this article that are imposed upon a store,
as defined in paragraph (1) or (2) of subdivision (g) of Section
42880. 

      Article 3.  Reusable Grocery Bags


   42287.  (a) On and after July 1, 2016, a reusable grocery bag 
sold or provided to a store by a reusable grocery bag producer for
purposes of this chapter  shall meet all of the following
requirements:
   (1) (A) Be designed and manufactured to withstand, at a minimum,
125 uses.
   (B) For purposes of this paragraph, "125 uses" means the
capability of carrying a minimum of 22 pounds 125 times over a
distance of at least 175 feet.
   (2) Is machine washable or made from a material that can be
cleaned and disinfected.
   (3)  Have   Has  printed on the bag, or
on a tag attached to the bag that is not intended to be removed, and
in a manner visible to the consumer the following information:
   (A) The name of the manufacturer.
   (B) The location (country) where the bag was manufactured.
   (C)  A   The appropriate  recycling
symbol or end-of-life management instructions.
   (D) The percentage of postconsumer recycled material, if any.
   (4)  It shall   Does  not contain lead,
cadmium, or any other heavy metal in toxic amounts. This requirement
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, the reusable grocery bag shall not be considered as a
product category already regulated or subject to regulation.
   (5) If the reusable grocery bag producer makes a claim that it is
recyclable, the producer shall  demonstrate compliance with
the regulations adopted by the Federal Trade Commission 
 comply with the requirements of Part 260 of Title 16 of the Code
of Federal Regulations relating to environmental marketing claims
 .
   (b) In addition to the requirements in subdivision (a), a reusable
grocery bag made from plastic shall meet  all  
both  of the following requirements:
   (1) On and after July 1, 2017, be made from a minimum of 20
percent postconsumer recycled material, except as provided in
subdivision (d).
   (2) In addition to the information required to be printed on the
bag or on a tag, pursuant to paragraph (3) of subdivision (a), all of
the following information shall be printed on the bag, or on a tag
that complies with that paragraph:
   (A) A statement that the bag is a reusable bag and designed for at
least 125 uses.
   (B) Instructions to return the bag to the store for recycling or
to another appropriate recycling location. 
   (c) A plastic reusable grocery bag that also meets the
specifications of the American Society of Testing and Materials
(ASTM) Standard Specification for Compostable Plastics D6400, as
published in September 2004, is not required to meet the requirements
of paragraph (1) of subdivision (b), but shall be labeled in
accordance with the applicable state law regarding compostable
plastics.  
   (d) 
    (c)  (1) If  , after making a reasona   ble
effort to identify postconsumer recycled material,  a plastic
reusable grocery bag producer is unable to obtain sufficient amounts
of postconsumer recycled material to comply with this article
 within a reporting period  because of
unavailability,  upon the request of the department,  the
producer shall demonstrate to the department the actions taken by
that plastic reusable grocery bag producer to find that postconsumer
recycled material. 
   (2) A plastic reusable grocery bag producer making the
demonstration in paragraph (1) shall make a reasonable effort to
identify available supplies of postconsumer recycled material before
submitting a certification containing this information to the
department pursuant to Section 42288.  
   (3) 
    (2)  A plastic reusable grocery bag producer 
that makes a demonstration pursuant   subject  to
paragraph (1) shall include the greatest amount of postconsumer
recycled material possible in the reusable grocery bag, even if this
amount is less than required by paragraph (1) of subdivision (b) and
shall indicate the percentage that is postconsumer recycled material.

   42288.  (a) On or before January 1, 2016, and on January 1 every
two years thereafter on a schedule and in a manner determined by the
department, a reusable grocery bag producer shall submit a
certification to the department for each type of reusable grocery bag
that is manufactured, imported, sold, or distributed in the state
and provided to a store for sale or distribution that meets the
requirements of Section 42287.
   (b) A reusable grocery bag producer shall submit a fee, as
established pursuant to subdivision (e), to the department with each
certification submitted.
   (c) The department shall provide a system to submit certifications
online.
   (d) On and after July 1, 2016, the department shall publish a list
on its Internet Web site that includes both of the following:
   (1) The name, location, and appropriate contact information of a
reusable grocery bag producer that is in compliance with this
article.
   (2) The reusable grocery bags that are in compliance with this
article.
   (e) The department shall establish a certification fee schedule
that will generate fee revenues sufficient to cover all of the
department's costs to enforce this article. Fee revenues shall not
exceed the amount necessary to cover the department's reasonable
costs to enforce this article.
   (f) 
    42288.    (a) The department may inspect and
audit a reusable  grocery  bag producer subject to this
article  ,  with all costs associated with the 
inspection or  audit being paid for by the reusable grocery bag
producer. 
   (g) 
    (b)  The department may test any reusable  grocery
 bag manufactured by a reusable  grocery  bag producer
and provided to a store for sale or distribution for compliance with
this article and the regulations adopted pursuant to this article.
 All costs associated with the test shall be paid for by the
reusable grocery bag producer.  
   (h) 
    (c)  The department may enter into an agreement with
other state entities that conduct inspections to provide necessary
enforcement of this article. 
   (i) 
    (d)  Notwithstanding Section 42289.5, any
  a  violation of this article  by a reusable
grocery bag producer  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. A subsequent
violation may be subject to an increased penalty of up to five
hundred dollars ($500) per violation, not to exceed five thousand
dollars ($5,000) per violation. 
   (j) 
    (e)  The department shall deposit all 
certification fees   penalties  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 article. 
   (k) The department shall deposit all penalties collected pursuant
to subdivision (i) for a violation of this article into the Penalty
Subaccount, which is hereby created in the Reusable Bag Account. The
moneys in the Penalty Subaccount shall be expended by the department,
upon appropriation by the Legislature, to assist the department with
its costs of implementing this article. 

      Article 4.  Reporting Requirements


   42289.  (a) On or before January 1, 2017, the department shall
submit a report to the Legislature in accordance with Section 9795 of
the Government Code, regarding the effectiveness of this chapter and
recommendations for statutory changes to increase effectiveness,
which shall include all of the following:
   (1) A compilation of state cleanup data to evaluate pollution
reduction.
   (2) Recommendations to further encourage the use of reusable
grocery bags by customers and stores.
   (3) An evaluation of the requirements for reusable bags specified
in Section 42287.
   (4) Distribution of recycled paper bags.
   (5) Number and type of violations.
   (b) The department shall coordinate with other state and local
agencies in compiling this report to maximize existing efforts and
resources in the areas of litter reduction, water quality, and
environmental protection.
   (c) Pursuant to Section 110231.5 of the Government Code, this
section is repealed on January 1, 2018.

      Article 5.  Enforcement


   42289.5.  (a) A city, a county, a city and county, or the state
may impose civil liability in the amount of five hundred dollars
($500) for the first violation of this chapter, one thousand dollars
($1,000) for the second violation, and two thousand dollars ($2,000)
for the third and subsequent violations.
   (b) Any civil penalties collected pursuant to subdivision (a)
shall be paid to the office of the city attorney, city prosecutor,
district attorney, or Attorney General, whichever office brought the
action. The penalties collected pursuant to this section by the
Attorney General may be expended by the Attorney General, upon
appropriation by the Legislature, to enforce this chapter.
   (c)  This section does   Subdivisions (a) and
(b) shall  not apply to a violation of Article 3 (commencing
with Section 42287). 
   (d) This chapter shall not be exclusive and shall not limit the
ability of a city, county, city and county, or the state to pursue
enforcement pursuant to Chapter 5 (commencing with Section 17200) of
Part 2 of Division 7 of the Business and Professions Code.