Bill Text: CA AB191 | 2015-2016 | Regular Session | Amended
Bill Title: Solid waste: single-use carryout bags.
Spectrum: Partisan Bill (Republican 9-0)
Status: (Failed) 2016-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB191 Detail]
Download: California-2015-AB191-Amended.html
BILL NUMBER: AB 191 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 11, 2015
INTRODUCED BY Assembly Member Harper
( Principal coauthor: Senator
Vidak )
( Coauthors: Assembly Members
Brough, Chávez, Grove,
Melendez, and Patterson )
( Coauthors: Senators
Anderson and Nielsen )
JANUARY 27, 2015
An act to amend Sections 42283 and 42283.7 of the Public Resources
Code, relating to solid waste, and declaring the urgency
thereof, to take effect immediately. waste.
LEGISLATIVE COUNSEL'S DIGEST
AB 191, as amended, Harper. Solid waste: single-use carryout bags.
Existing law, inoperative due to a pending referendum
petition, election, 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 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. 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 bill would repeal the requirement that a store that
distributes recycled paper bags make those bags available for
purchase for not less than $0.10.
This bill would declare that it is to take effect immediately as
an urgency statute.
This bill would become operative only if the referendum on
single-use plastic bags is approved by the voters.
Vote: 2/3 majority . Appropriation:
no. Fiscal committee: yes. 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) 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 available for
purchase at the point of sale or that makes recycled paper bags
available 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
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 electronic
benefit transfer card issued pursuant to Section 10072 of the Welfare
and Institutions Code.
(d) 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 ASTM International
Standard Specification for Compostable Plastics D6400, as updated,
and 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.
(e) 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.
SEC. 2. Section 42283.7 of the Public Resources Code is amended to
read:
42283.7. All moneys collected pursuant to this article shall be
retained by the store and may be used only for the following
purposes:
(a) Costs associated with complying with the requirements of this
article.
(b) Actual costs of providing reusable grocery bags.
(c) Costs associated with a store's educational materials or
educational campaign encouraging the use of reusable grocery bags.
SEC. 3. This act is an urgency statute
necessary for the immediate preservation of the public peace, health,
or safety within the meaning of Article IV of the Constitution and
shall go into immediate effect. The facts constituting the necessity
are:
In order to prevent this unfair and unjustified charge from taking
effect and harming consumers and businesses, it is necessary that
this act take effect immediately.
SEC. 3. This act shall become operative only if
the referendum on single-use plastic bags is approved by the voters
at the 2016 statewide general election.
