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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Passed) 2014-09-30 - Chaptered by Secretary of State. Chapter 850, Statutes of 2014. [SB270 Detail]

Download: California-2013-SB270-Amended.html

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BILL NUMBER: SB 270	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 18, 2014
	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
    (   Principal   coauthors:  
Assembly Members   Alejo   and Dababneh  
) 
    (   Coauthor:   Assembly Member  
Bonta   ) 

                        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   provides  the department  with
irrevocable written notice  . 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 the existing at-store recycling program
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 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 plastic film from selling or distributing those bags on and
after  January 1, 2016   July 1, 2015  ,
unless the producer is certified by a 3rd-party certification entity,
as specified. The bill would require a reusable grocery bag 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,
  producers that have submitted the required
certification and their  reusable grocery  bags that
comply with the requirements of the bill, and 3rd-party certification
entities   bags  . The bill would require the
department to establish  a   an administrative
 certification fee  schedule to cover the department's
costs to implement these certification requirements  
schedule  , which  would require  a reusable grocery
bag producer providing proof to the department of certification
 would be required   or recertification  to
pay  a fee  . The bill would  require that all moneys
submitted to the department pursuant to these fee provisions be
deposited into the Reusable Grocery Bag Fund, which would be
established by the bill, and continuously appropriated for purposes
of implementing these proof of certification and Internet Web site
provisions, thereby making an   appropriation. The bill
would  also require a reusable grocery bag producer to submit
 specified laboratory   applicable certified
 test results to the department. The bill would authorize a
person to object to a certification of a reusable grocery bag
producer  and would authorize a person to file  
by filing  an action for review of that certification in the
superior court of a county that has jurisdiction over the reusable
grocery bag producer.  The bill would require the court to
determine if the reusable grocery bag producer is in compliance with
the provisions of the bill and, based on the court's determination,
would require the court to direct the department to either remove or
retain the reusable grocery bag producer on its published Internet
Web site list. 
   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,
except as provided. 
   (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 from the
subaccount inoperative on July 1, 2021, and repeals them as of
January 1, 2022. 
   This bill would appropriate $2,000,000 from  an
unspecified fund that excludes sources of revenues that are General
Fund moneys for purposes of the California Constitution 
 the Recycling Market Development Revolving Loan Subaccount in
the Integrated Waste Management Account  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   the  loan, to take
specified actions. 
   (3) The bill would require the department, no later than March 1,
2018, to provide a status report to the Legislature on the
implementation of the bill's provisions. 
   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) (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.
   (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, 
irrevocably  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 (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  to meet  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 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 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 and stating the postconsumer
recycled material content percentage, as applicable.
   (E) It shall be capable of carrying 22 pounds  over a distance
of 175 feet  for  a minimum of  125 uses  or
more over a distance of 175 feet  and be at least 2.25 mils
thick, measured according to the American Society of Testing and
Materials (ASTM) Standard  D6988-13 or an alternative
methodology approved by the department   D6988-13 
.
   (2) A reusable grocery bag made from 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 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  for a minimum of 125 uses
 .
   (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), (4), or (5) of subdivision (g) of Section 42280, shall comply
with the requirements of this section.
   42281.5.  On and after  January 1, 2016,  
July 1, 2015,  a producer of reusable grocery bags made from
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:
   (a) Names, locations, and contact information of all sources of
postconsumer recycled material and suppliers of postconsumer recycled
material.
   (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. 
   (e) Any other information that the department may require to
enable verification of the information provided in the proof of
certification. 
   42282.  (a)  On a schedule and in a manner determined by
the department,   Commencing on or before July 1, 2015,
the department shall accept from  a reusable grocery bag
producer  shall provide to the department  proof of
certification conducted by a third-party certification entity  ,
submitted under penalty of perjury,  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 reusable grocery bag producer shall resubmit to the
department proof of certification as described in subdivision (a) on
a biennial basis. A reusable grocery bag producer shall provide the
department with an updated proof of certification conducted by a
third-party certification entity if any modification that is not
solely aesthetic is made to a previously certified reusable bag.
Failure to comply with this subdivision shall result in removal of
the relevant information posted on the department's Internet Web site
pursuant to paragraphs (1) and (2) of subdivision (e) for each
reusable bag that lacks an updated proof of certification conducted
by a third-party certification entity.  
   (b) 
    (c)  A third-party certification entity shall be
 one of the following:   an independent,
accredited (ISO/IEC 17025) laboratory. A third-party certification
entity shall certify that the producer's reusable grocery bags meet
the requirements of Section 44281.  
   (1) An independent, accredited (ISO/IEC 17025) 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) 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 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) The department shall provide a system to receive proofs of
certification online.
   (e) On and after July 1,  2016   2015  ,
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  of producers  that
 are in compliance with this article   have
provided the required certification  . 
   (3) A list of third-party certification entities. 
   (f) A reusable grocery bag producer shall submit 
laboratory   applicable certified  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. 
   (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.  
   (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. 

   (i) The department may enter into an agreement with other state
entities that conduct inspections to provide necessary enforcement of
this article.  
   (j) (1) A person may object to the certification of a reusable
grocery bag 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) 
    (1)  A person  objecting   may
object  to  a   the  certification
 of a reusable grocery bag producer  pursuant to this
 subdivision may file   section by filing 
an action for review of that certification in the superior court of a
county that has jurisdiction over the reusable grocery bag 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   shall determine if the
reusable grocery bag producer is in compliance   with the
requirements of this article . 
   (2) A reusable grocery bag producer whose certification is being
objected to pursuant to paragraph (1) shall be deemed in compliance
with this article pending a determination by the court.  
   (3) Based on its determination, the court shall direct the
department to remove the reusable grocery bag producer from, or
retain the reusable grocery bag producer on, its list published
pursuant to subdivision (e).  
   (4) If the court directs the department to remove a reusable
grocery bag producer from its published list, the reusable grocery
bag producer shall remain off of the published list for a period of
one year from the date of the court's determination.  
   (k) The department may suspend or revoke a certification of a
reusable grocery bag producer 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. 
   42282.1.  (a) A reusable grocery bag producer shall submit the fee
established pursuant to subdivision (b) to the department when
providing proof of certification  or recertification 
pursuant to Sections 42281.5 and 42282.
   (b) The department shall establish  a   an
administrative  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 
 shall deposit all moneys submitted pursuant to this section
into the Reusable Grocery Bag Fund, which is hereby established in
the State Treasury. Notwithstanding Section 11340 of the Government
Code, moneys in the fund are continuously appropriated, without
regard to fiscal year, to the department for the purpose of
implementing 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 (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 (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 (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 (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 (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 (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 (g) of
Section 42280, that makes reusable grocery bags or recycled paper
bags available for purchase at the point of sale shall provide  a
reusable grocery bag or a recycled paper bag at no cost at the point
of sale to  a customer  participating in  
using a payment card or voucher issued by  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.  
or an electronic benefit transfer card issued pursuant to Section
10072 of the Welfare and Institutions Code. 
   (e) On and after July 1, 2015, a store, as defined in paragraph
(1) or (2) of subdivision (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 (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), (4), or (5) of subdivision (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 (g)
of Section 42280.
   42283.6.  (a) The operator of a store, as defined in paragraph (1)
or (2) of subdivision (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 the at-store recycling program (Chapter
5.1 (commencing with Section 42250)).
   (b) A store that voluntarily agrees to comply with the provisions
of this article pursuant to subdivision (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 (g) of Section
42280, any retail establishment that is not a "store," that provides
the department with the  irrevocable  written notice as
specified in subdivision (c), shall be regulated as a "store" for the
purposes of this chapter.
   (c) The  irrevocable  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)
  one thousand dollars ($1,000) per day  for the
first violation of this chapter,  one   two
 thousand dollars  ($1,000)   ($2,000) per
day  for the second violation, and  two  
five  thousand dollars  ($2,000)   ($5,000)
per day  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, 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  an
appropriate fund that excludes sources of revenue that are General
Fund moneys for the purposes of the California Constitution 
 the Recycling Market Development Revolving Loan Subaccount in
the Integrated Waste Management Account  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   may  expend
 , if there are applicants eligible for funding from the
Recycling Market Development Revolving Loan Subaccount,  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   the  loan, to retain and retrain
existing employees for the manufacturing of reusable grocery bags
that, at a minimum, meet the requirements of Section 42281. 
   (d) Any moneys appropriated pursuant to this section not expended
by the end of the 2015-16 fiscal year shall revert to the Recycling
Market Development Revolving Loan Subaccount for expenditure pursuant
to Article 3 (commencing with Section 42010) of Chapter 1. 

   (e) Applicants for funding under this section may also apply for
funding or benefits from other economic development programs for
which they may be eligible, including, but not limited to, both of
the following:  
   (1) An income tax credit, as described in Sections 17059.2 and
23689 of the Revenue and Taxation Code.  
   (2) A tax exemption pursuant to Section 6377.1 of the Revenue and
Taxation Code. 
   SEC. 2.    No later than March 1, 2018, the
department, as a part of its reporting requirement pursuant to
Section 40507 of the Public Resources Code, shall provide a status
report on the implementation of Chapter 5.3 (commencing with Section
42280) of Part 3 of Division 30 of the Public Resources Code.