Bill Text: CA AB1136 | 2015-2016 | Regular Session | Introduced
Bill Title: Reusable grocery bag and recycled paper bag: fee: exemptions.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2016-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1136 Detail]
Download: California-2015-AB1136-Introduced.html
BILL NUMBER: AB 1136 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Steinorth
FEBRUARY 27, 2015
An act to amend Section 42283 of the Public Resources Code,
relating to solid waste.
LEGISLATIVE COUNSEL'S DIGEST
AB 1136, as introduced, Steinorth. Reusable grocery bag and
recycled paper bag: fee: exemptions.
Existing law, inoperative due to a pending referendum petition,
would, as of July 1, 2015, 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 and would prohibit those stores
from selling or distributing a reusable grocery bag or a recycled
paper bag at the point of sale unless the store makes that bag
available for purchase for not less than $0.10. This same law would,
on and after July 1, 2016, impose these prohibitions and requirements
on convenience food stores, foodmarts, and other specified entities.
This inoperative law would require these stores to provide to
certain customers a reusable grocery bag or recycled paper bag at no
cost at the point of sale.
Subject to the referendum petition, this bill would expand the
group of customers who would be provided a reusable grocery bag or a
recycled paper bag at no cost at the point of sale to include a
customer who is 65 years of age or older and a customer who provides
proof of current attendance at a California college or university.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 42283 of the Public Resources Code is amended
to read:
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 any of the following: a
(1) A customer 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 or an Code.
(2) A customer using an
electronic benefit transfer card issued pursuant to Section 10072 of
the Welfare and Institutions Code.
(3) A customer who is 65 years of age or older.
(4) A customer who provides proof of current attendance at a
California college or university.
(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.
