Bill Text: CA SB270 | 2013-2014 | Regular Session | Amended


Bill Title: Solid waste: single-use carryout bags.

Status: (Engrossed) 2014-06-18 - Set, first hearing. Referred to APPR. suspense file. [SB270 Detail]

Download: California-2013-SB270-Amended.html
BILL NUMBER: SB 270	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 20, 2014
	AMENDED IN ASSEMBLY  MARCH 27, 2014
	AMENDED IN ASSEMBLY  FEBRUARY 6, 2014

INTRODUCED BY   Senators Padilla, De León, and Lara

                        FEBRUARY 14, 2013

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


	LEGISLATIVE COUNSEL'S DIGEST


   SB 270, as amended, Padilla. Solid waste: single-use carryout
bags.
    (1) Existing law, until 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.
   This bill, as of July 1, 2015, would prohibit stores that have a
specified amount of sales in dollars or retail floor space from
providing a single-use carryout bag to a customer, with specified
exceptions. The bill would also prohibit those stores from selling or
distributing a recycled paper bag at the point of sale unless the
store makes that bag available for purchase for not less than $0.10.
The bill would also allow those stores, on or after July 1, 2015, to
distribute compostable bags at the point of sale only in
jurisdictions that meet specified requirements and at a cost of not
less than $0.10. The bill would require these stores to meet other
specified requirements on and after July 1, 2015, regarding providing
reusable grocery bags to customers, including distributing those
bags only at a cost of not less than $0.10.
   The bill, on and after July 1, 2016, would additionally impose
these prohibitions and requirements on convenience food stores,
foodmarts, and entities engaged in the sale of a limited line of
goods, or goods intended to be consumed off premises, and that hold a
specified license with regard to alcoholic beverages.
   The bill would allow a retail establishment to voluntarily comply
with these requirements, if the retail establishment notifies the
department. The bill would require the department to post on its
Internet Web site, organized by county, the name and physical
location of each retail establishment that has elected to comply with
these requirements.
    The bill would require the operator of a store that has a
specified amount of sales in dollars or retail floor space and a
retail establishment that voluntarily complies with the requirements
of this bill to comply with  both  the existing
at-store recycling program requirements and the requirements
of this bill   requirements  .
   The bill would require, on and after July 1, 2015, a reusable
grocery bag sold by certain stores to a customer at the point of sale
to be made by a certified reusable grocery bag producer and to meet
specified requirements with regard to the bag's durability, material,
labeling, heavy metal content, and, with regard to reusable grocery
bags made from  reusable  plastic film on and after
January 1, 2016, recycled material content. The bill would impose
these requirements as of July 1, 2016, on the stores that are
otherwise subject to the bill's requirements.
    The bill would prohibit a producer of reusable grocery bags made
from  reusable  plastic film from selling or
distributing those bags on and after January 1, 2016, unless the
producer is certified by a 3rd-party certification entity, as
 specified, and would require a supplier of postconsumer
recycled material to the reusable grocery bag producer to be
certified by a 3rd-party certification entity  
specified  . The bill would require a reusable grocery bag
producer  and a supplier of postconsumer recycled material to
a producer  to provide proof of certification to the
department. The bill would require the department to provide a system
to receive proofs of certification online.
   The department would be authorized to suspend or revoke a
certification under specified circumstances and would be required to
publish on its Internet Web site a list of certified reusable grocery
bag  producers and suppliers   producers 
, reusable grocery bags that comply with the requirements of the
bill, and 3rd-party certification  entities recognized by the
department   entities  . The bill would require
the department to establish a certification fee schedule to cover the
department's costs to implement these certification requirements,
which a reusable grocery bag producer  or supplier 
providing proof to the department of certification would be required
to pay. The bill would also require a reusable grocery bag producer
to submit specified laboratory test results to the department. The
bill would authorize a person to object to a certification of a
reusable grocery bag producer  or supplier of postconsumer
recycled material  and would authorize a person to file an
action for review of that certification in the superior court of a
county that has jurisdiction over the reusable grocery bag 
producer or supplier   producer  .
   The bill would allow a city, county, or city and county, or the
state to impose civil penalties on a person or entity that knows or
reasonably should have known it is in violation of the bill's
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 declare that it occupies the whole field of the
regulation of reusable grocery bags, single-use carryout bags, and
recycled paper bags provided by a store and would prohibit a local
public agency from enforcing or implementing an ordinance,
resolution, regulation, or rule, or any amendment thereto, adopted on
or after September 1, 2014, relating to those bags, against a store
 unless expressly authorized   , except as
provided  .  The bill would allow a local public agency
that has adopted such an ordinance, resolution, regulation, or rule
prior to September 1, 2014, to continue to enforce and implement that
ordinance, resolution, regulation, or rule, and would preempt any
amendments to that ordinance, resolution, regulation, or rule, except
that the bill would allow the local public agency to adopt or amend
an ordinance, resolution, regulation, or rule increasing the price
for a recycled paper bag, compostable bag, or reusable grocery bag to
no less than a specified amount.  
   (2) The California Integrated Waste Management Act of 1989 creates
the Recycling Market Development Revolving Loan Subaccount in the
Integrated Waste Management Account and continuously appropriates the
funds deposited in the subaccount to the department for making loans
for the purposes of the Recycling Market Development Revolving Loan
Program. Existing law makes the provisions regarding the loan
program, the creation of the subaccount, and expenditures therefrom
inoperative on July 1, 2021, and repeals them as of January 1, 2022.

   This bill would appropriate $2,000,000 from  the Recycling
Market Development Revolving Loan Subaccount in the Integrated Waste
Management Account   an unspecified fund that excludes
sources of revenues that are General Fund moneys for purposes of the
California Constitution  to the department for the purposes of
providing loans and grants for the creation and retention of jobs and
economic activity in California for the manufacture and recycling of
plastic reusable grocery bags that use recycled content. The bill
would require a recipient of a grant  or loan  to agree, as
a condition of receiving a grant  or loan  , to take
specified actions.
   Vote: majority. Appropriation: yes. 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.  (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), contains a minimum
of 40 percent postconsumer recycled materials.
   (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) Has printed on the bag the name of the manufacturer, the
country where the bag was manufactured, and the minimum percentage of
postconsumer content.
   (d) "Reusable grocery bag" means a bag that is provided by a store
to a customer at the point of sale that meets the requirements of
Section 42281.
   (e) (1) "Reusable grocery bag producer" means a person or entity
that does any of the following:
   (A) Manufactures reusable grocery bags for sale or distribution to
a store.
   (B) Imports reusable grocery bags into this state, for sale or
distribution to a store.
   (C) Sells or distributes reusable bags to a store.
   (2) "Reusable grocery bag producer" does not include a store, with
regard to a reusable grocery bag for which there is a manufacturer
or importer, as specified in subparagraph (A) or (B) of paragraph
(1). 
   (f) "Reusable plastic film" means a continuous sheet of
polyethylene with a thickness of not less than 2.25 mils measured
according to American Society of Testing and Materials (ASTM)
Standard D6988, or an alternative methodology approved by the
department.  
   (g) 
    (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 42281.

   (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, a reusable grocery bag, or a compostable plastic
bag.
   (C) A bag provided to contain an unwrapped food item.
   (D) A nonhandled bag that is designed to be placed over articles
of clothing on a hanger. 
   (h) 
    (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 that sells a line of dry
groceries, 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.
   (4) Is a convenience food store, foodmart, or other entity that is
engaged in the retail sale of goods intended to be consumed off the
premises, and that holds a Type 20 or Type 21 license issued by the
Department of Alcoholic Beverage Control.
   (5) Is not otherwise subject to paragraph (1), (2), (3), or (4),
if the retail establishment voluntarily agrees to comply with the
requirements imposed upon a store pursuant to this chapter, notifies
the department of its intent to comply with the requirements imposed
upon a store pursuant to this chapter, and complies with the
requirements established pursuant to Section 42284.

      Article 2.  Reusable Grocery Bags


   42281.  (a) On and after July 1, 2015, a store, as defined in
paragraph (1) or (2) of subdivision  (h)   (g)
 of Section 42280, may sell or distribute a reusable grocery bag
to a customer at the point of sale only if the reusable bag is made
by a producer certified pursuant to this article and meets all of the
following requirements:
   (1) Has a handle and is designed for at least 125
    uses, as provided in this article.
   (2)  Has a volume capacity of at least 15 liters.
   (3)  Is machine washable or made from a material that can be
cleaned and disinfected.
   (4)  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, all of the following information:
   (A) The name of the manufacturer.
   (B) The country where the bag was manufactured.
   (C) A statement that the bag is a reusable bag and designed for at
least 125 uses.
   (D) If the bag is eligible for recycling in the state,
instructions to return the bag to the store for recycling or to
another appropriate recycling location. If recyclable in the state,
the bag shall include the chasing arrows recycling symbol or the term
"recyclable," consistent with the Federal Trade Commission
guidelines use of that term, as updated.
   (5) Does not contain lead, cadmium, or any other heavy
metal in toxic amounts   toxic material that may pose a
threat to public health. A reusable bag manufacturer may demonstrate
compliance with this requirement by obtaining a no objection letter
from the federal Food and Drug Administration  . 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.
   (6) Complies with Section 260.12 of Part 260 of Title 16 of the
Code of Federal Regulations related to recyclable claims if the
reusable grocery bag producer makes a claim that the reusable grocery
bag is recyclable.
   (b) (1) In addition to the requirements in subdivision (a), a
reusable grocery bag made from  reusable  plastic
film shall meet all of the following requirements:
   (A) On and after January 1, 2016, it shall be made from a minimum
of 20 percent postconsumer recycled material.
   (B) On and after January 1, 2020, it shall be made from a minimum
of 40 percent postconsumer recycled material.
   (C) It shall be recyclable in this state, and accepted for return
at stores subject to the at-store recycling program (Chapter 5.1
(commencing with Section 42250)) for recycling.
   (D) It shall have, in addition to the information required to be
printed on the bag or on a tag, pursuant to paragraph (4) of
subdivision (a), a statement that the bag is made partly or wholly
from postconsumer recycled  material, as applicable,
  material  and stating the  applicable
percentage   postconsumer recycled material content
percentage, as applicable  .
   (E) It shall be capable of carrying 22 pounds for 125 uses or more
 over a distance of 175 feet  and be at least 2.25 mils
 thick.   thick, measured according to the
American Society of Testing and Materials (ASTM) Standard D6988-13 or
an alternative methodology approved by the department. 
   (2) A reusable grocery bag made from  reusable 
plastic film that meets the specifications of the American Society of
Testing and Materials (ASTM) International Standard Specification
for Compostable Plastics D6400, as updated, is not required to meet
the requirements of subparagraph (A) or (B) of paragraph (1), but
shall be labeled in accordance with the applicable state law
regarding compostable plastics.
   (c) In addition to the requirements of subdivision (a), a reusable
grocery bag that is not made of  reusable  plastic
film and that is made from any other natural or synthetic fabric,
including, but not limited to, woven or nonwoven nylon,
polypropylene, polyethylene-terephthalate, or Tyvek, shall satisfy
all of the following:
   (1) It shall be sewn.
   (2) It shall be capable of carrying 22 pounds 125 times over a
distance of 175 feet.
   (3) It shall have a minimum fabric weight of at least 80 grams per
square meter.
   (d) On and after July 1, 2016, a store as defined in paragraph
 (3) or (4)   (3), (4), or (5)  of
subdivision  (h)   (g)  of Section 42280,
shall comply with the requirements of this section.
   42281.5.   (a)    On and after
January 1, 2016, a producer of reusable grocery bags made from
 reusable  plastic film shall not sell or distribute
a reusable grocery bag in this state unless the producer is
certified by a third-party certification entity pursuant to Section
42282. A producer shall provide proof of certification to the
department demonstrating that the reusable grocery bags produced by
the producer comply with the provisions of this article. The proof of
certification shall include all of the following: 
   (1) 
    (a)  Names, locations, and contact information of all
sources of postconsumer recycled material and suppliers of
postconsumer recycled  material that have been certified
pursuant to Section 42282   material  . 
   (2) 
    (b)  Quantity and dates of postconsumer recycled
material purchases by the reusable grocery bag producer. 
   (c) How the postconsumer recycled material is obtained.  

   (d) Information demonstrating that the postconsumer recycled
material is cleaned using appropriate washing equipment. 

   (3) 
    (e)  Any other information that the department may
require to enable verification of the information provided in the
proof of certification. 
   (b) A supplier of postconsumer recycled material to a reusable
grocery bag producer shall be certified pursuant to Section 42282 and
shall provide information regarding the methods of collecting and
processing the postconsumer recycled material to a third-party
certification entity. The information shall include all of the
following:  
   (1) How the postconsumer recycled material is obtained. 

   (2) Information demonstrating that all postconsumer recycled
material is cleaned using washing equipment specifically designed for
that purpose, including the name of the maker, model, description,
photographs, and exact locations of the equipment.  

   (3) Any other information that the department or certification
entity may require to enable verification of the information provided
by the supplier. 
   42282.  (a) On a schedule and in a manner determined by the
department, a reusable grocery bag producer  and a supplier
of postconsumer recycled material  shall provide to the
department proof of certification conducted by a third-party
certification entity 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, at the point of sale,
that meets all the applicable requirements of this article. The proof
of certification shall be accompanied by a certification fee,
established pursuant to Section 42282.1.
   (b) A third-party certification entity shall be  an
  one of the following: 
    (1)     An  independent, accredited
(ISO/IEC 17025)  laboratory that is recognized by the
department   laboratory  . 
   (2) The Department of Mechanical and Mechatronic Engineering and
Sustainable Manufacturing of the California State University, Chico.
 
   (3) A certification entity that is approved by the department.

   (c)  For a reusable grocery bag producer, a  
A  third-party certification entity shall certify that the
producer's reusable grocery bags meet the minimum 125-use requirement
using one of the following standards:
   (1) The EcoLogo ATP-001 standards for durability, as those
standards existed on November 7, 1995.
   (2) For a reusable grocery bag made from  reusable
 plastic film, the Reusable Bag Test Method, developed by
Dr. Joseph Greene of the California State University, Chico, as that
test method existed on April 17, 2012.
   (3) An alternative compliance methodology approved by the
department. 
   (d) For a supplier of postconsumer recycled content, a third-party
certification entity shall certify that the supplier has complied
with subdivision (b) of Section 42281.5.  
   (e) 
    (d)  The department shall provide a system to receive
proofs of certification online. 
   (f) 
    (e)  On and after July 1, 2016, the department shall
publish a list on its Internet Web site that includes all of the
following:
   (1) The name, location, and appropriate contact information of
certified reusable grocery bag producers.
   (2) The reusable grocery bags that are in compliance with this
article.
   (3) A list of third-party certification  entities that are
recognized by the department, including the Department of Mechanical
and Mechatronic Engineering and Sustainable Manufacturing of the
California State University, Chico, which shall be recognized as a
third-party certification entity   entities  .

   (4) A list of certified suppliers of postconsumer recycled
material.  
   (g) 
    (f)  A reusable grocery bag producer shall submit
laboratory test results to the department confirming that the
reusable grocery bag meets the requirements of this article 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. 
   (h) 
    (g)  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. 
   (i) 
    (h)  The department may inspect and audit a certified
reusable grocery bag producer subject to this article to ensure
continuing compliance with Section 42281. All costs associated with
the audit shall be paid by the reusable grocery bag producer.

   (j) 
    (i)  The department may enter into an agreement with
other state entities that conduct inspections to provide necessary
enforcement of this article. 
   (k) 
    (j)  (1) A person may object to the certification of a
reusable grocery bag  producer or a supplier of postconsumer
recycled material   producer  .
   (2) The department shall accept objections pursuant to paragraph
(1) and other public comments and may respond to these 
objections and comments  in writing.
   (3) A person objecting to a certification pursuant to this
subdivision may file an action for review of that certification in
the superior court of a county that has jurisdiction over the
reusable grocery bag  producer or postconsumer recycled
material supplier   producer  . The court may make
its own independent findings on whether the department, in accepting
the proof of certification, obtained verified evidence of compliance,
and may consider evidence that was not submitted to the department.

   (l) 
    (k)  The department may suspend or revoke a
certification of a reusable grocery bag producer  or supplier
of postconsumer recycled material  if the department finds
there is evidence that the reusable grocery bags distributed by the
producer do not comply with the requirements of this 
article, or that the supplier of postconsumer recycled material does
not comply with the requirements of this  article.
   42282.1.  (a) A reusable grocery bag producer  or supplier
of postconsumer recycled material  shall submit the fee
established pursuant to subdivision (b) to the department when
providing proof of certification pursuant to Sections 42281.5 and
42282.
   (b) The department shall establish a certification fee schedule
that will generate fee revenues sufficient to cover, but not exceed,
the department's reasonable costs to implement and enforce the
certification provisions of this article. The department may expend
the fees collected pursuant to this section, upon appropriation by
the Legislature, to carry out this article.

      Article 3.  Single-Use Carryout Bags


   42283.  (a) Except as provided in subdivision (e), on and after
July 1, 2015, a store, as defined in paragraph (1) or (2) of
subdivision  (h)   (g)  of Section 42280,
shall not provide a single-use carryout bag to a customer at the
point of sale.
   (b) (1) On and after July 1, 2015, a store, as defined in
paragraph (1) or (2) of subdivision  (h)   (g)
 of Section 42280, shall not sell or distribute a reusable
grocery bag at the point of sale except as provided in this
subdivision.
   (2) On and after July 1, 2015, a store, as defined in paragraph
(1) or (2) of subdivision  (h)   (g)  of
Section 42280, may make available for purchase at the point of sale a
reusable grocery bag that meets the requirements of Section 42281.
   (3) On and after July 1, 2015, a store, as defined in paragraph
(1) or (2) of subdivision  (h)   (g)  of
Section 42280, that makes reusable grocery bags available for
purchase pursuant to paragraph (2) shall not sell the reusable
grocery bag for less than ten cents ($0.10) in order to ensure that
the cost of providing a reusable grocery bag is not subsidized by a
customer who does not require that bag.
   (c) (1) On and after July 1, 2015, a store, as defined in
paragraph (1) or (2) of subdivision  (h)   (g)
 of Section 42280, shall not sell or distribute a recycled paper
bag except as provided in this subdivision.
   (2) A store, as defined in paragraph (1) or (2) of subdivision
 (h)   (g)  of Section 42280, may make
available for purchase a recycled paper bag. On and after July 1,
2015, the store shall not sell a recycled paper bag for less than ten
cents ($0.10) in order to ensure that the cost of providing a
recycled paper bag is not subsidized by a consumer who does not
require that bag.
   (d) Notwithstanding any other law, on and after July 1, 2015, a
store, as defined in paragraph (1) or (2) of subdivision  (h)
  (g)  of Section 42280, that makes reusable
grocery bags or recycled paper bags available for purchase at the
point of sale 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) On and after July 1, 2015, a store, as defined in paragraph
(1) or (2) of subdivision  (h)   (g)  of
Section 42280, may distribute a compostable bag at the point of sale,
if the compostable bag is provided to the consumer at the cost
specified pursuant to paragraph (2), the compostable bag, at a
minimum, meets the American Society for Testing and Materials (ASTM)
International Standard Specification for Compostable Plastics D6400,
as updated, and in the jurisdiction where the compostable bag is sold
and in the jurisdiction where the store is located, both of the
following requirements are met:
   (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 consumers at the point of
sale a compostable bag at a cost not less than the actual cost of
the bag, which the Legislature hereby finds to be not less than ten
cents ($0.10) per bag.
   (f) A store, as defined in paragraph (1) or (2) of subdivision
 (h)   (g)  of Section 42280, shall not
require a customer to use, purchase, or accept a single-use carryout
bag, recycled paper bag, compostable bag, or reusable grocery bag as
a condition of sale of any product.
   42283.5.  On and after July 1, 2016, a store, as defined in
paragraph  (3) or (4)   (3), (4), or (5) 
of subdivision  (h)   (g)  of Section
42280, shall comply with the same requirements of Section 42283 that
are imposed upon a store, as defined in paragraph (1) or (2) of
subdivision  (h)   (g)  of Section 42280.
   42283.6.  (a) The operator of a store, as defined in paragraph (1)
or (2) of subdivision  (h)   (g)  of
Section 42280  that makes recycled paper or reusable grocery bags
available at the point of sale  , shall be subject to the
provisions of  both  the at-store recycling program
(Chapter 5.1 (commencing with Section  42250)) and the
provisions of this chapter   42250))  .
   (b) A store that voluntarily agrees to comply with the provisions
of this article pursuant to subdivision  (h)  
(g)  of Section 42280, shall also comply with the provisions of
the at-store recycling program (Chapter 5.1 (commencing with Section
42250)).
   42284.  (a) A retail establishment not specifically required to
comply with the requirements of this chapter is encouraged to reduce
its distribution of single-use plastic carryout bags.
   (b) Pursuant to the provisions of subdivision  (h)
  (g)  of Section 42280, any retail establishment
that is not a "store," that provides the department with the written
notice as specified in subdivision (c), shall be regulated as a
"store" for the purposes of this chapter.
   (c) The written notice shall be dated and signed by an authorized
representative of the retail establishment, and shall include the
name and physical address of all retail locations covered by the
notice. The department shall acknowledge receipt of the notice in
writing and shall specify the date the retail establishment will be
regulated as a "store," which shall not be less than 30 days after
the date of the department's acknowledgment. The department shall
post on its Internet Web site, organized by county, the name and
physical location or locations of each retail establishment that has
elected to be regulated as a "store."

      Article 4.  Enforcement


   42285.  (a) A city, a county, a city and county, or the state may
impose civil liability on a person or entity that knowingly violated
this chapter, or reasonably should have known that it violated this
chapter, 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.

      Article 5.  Preemption


   42287.  (a) Except as provided in subdivision (c), 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 grocery bags, single-use
carryout bags, and recycled paper bags, as defined in this chapter,
provided by a store, as defined in this chapter.
   (b) On and after January 1, 2015, a city, county, or other local
public agency shall not enforce, or otherwise implement, an
ordinance, resolution, regulation, or rule, or any amendment thereto,
adopted on or after September 1, 2014, relating to reusable grocery
bags, single-use carryout bags, or recycled paper bags, against a
store, as defined in this chapter, unless expressly authorized by
this chapter.
   (c)  (1)    A city, county, or other local
public agency that has adopted,  prior to  
before  September 1, 2014, an ordinance, resolution, regulation,
or rule relating to reusable grocery bags, single-use carryout bags,
or recycled paper bags may continue to enforce and implement that
ordinance, resolution, regulation, or rule that was in effect before
that date. Any amendments to that ordinance, resolution, regulation,
or rule on or after January 1, 2015, shall be subject to subdivision
(b), except the city, county, or other local public agency may adopt
or amend an ordinance, resolution, regulation, or rule to increase
the amount that a store shall charge with regard to a recycled paper
bag, compostable bag, or reusable grocery bag to no less than the
amount specified in Section 42283. 
   (2) A city, county, or other local public agency not covered by
paragraph (1) that, before September 1, 2014, has passed a first
reading of an ordinance or resolution expressing the intent to
restrict single-use carryout bags and, before January 1, 2015, adopts
an ordinance to restrict single-use carryout bags, may continue to
enforce and implement the ordinance that was in effect before January
1, 2015. 

      Article 6.  Financial Provisions


   42288.  (a) Notwithstanding Section 42023.2, the sum of two
million dollars ($2,000,000) is hereby appropriated from  the
Recycling Market Development Revolving Loan Subaccount in the
Integrated Waste Management Account   an appropriate
fund that excludes sources of revenue that are General Fund moneys
for the purposes of the California Constitution  to the
department for the purposes of providing loans and grants for the
                                             creation and retention
of jobs and economic activity in this state for the manufacture and
recycling of plastic reusable grocery bags that use recycled content,
including postconsumer recycled material.
   (b) The department shall expend the funds appropriated pursuant to
this section to provide loans and grants for both of the following:
   (1) Development and conversion of machinery and facilities for the
manufacture of single-use plastic bags into machinery and facilities
for the manufacturer of durable reusable grocery bags that, at a
minimum, meet the requirements of Section 42281.
   (2) Development of equipment for the manufacture of reusable
grocery bags, that, at a minimum, meet the requirements of Section
42281.
   (c) A recipient of a grant  or loan  authorized by this
section shall agree, as a condition of receiving a grant  or loan
 , to retain and retrain existing employees for the
manufacturing of reusable grocery bags that, at a minimum, meet the
requirements of Section 42281.                         
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