Bill Text: CA AB298 | 2011-2012 | Regular Session | Amended
Bill Title: Solid waste: single-use carryout bags.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2012-08-16 - In committee: Held under submission. [AB298 Detail]
Download: California-2011-AB298-Amended.html
BILL NUMBER: AB 298 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 6, 2012
AMENDED IN SENATE JUNE 18, 2012
AMENDED IN ASSEMBLY APRIL 14, 2011
AMENDED IN ASSEMBLY MARCH 30, 2011
INTRODUCED BY Assembly Member Brownley
FEBRUARY 9, 2011
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 298, as amended, Brownley. Solid waste: single-use carryout
bags.
Existing law, until January 1, 2013, 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 and prohibits a city, county, or other
local public agency from taking specified regulatory actions with
regard to the recycling of plastic carryout bags.
With specified exceptions, the bill would, as of January 1, 2014,
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, compostable
bags, or reusable bags to customers.
The bill would also require these stores, on and after January 1,
2013, to provide a plastic bag collection bin for their customers,
for the purpose of collecting and recycling single-use plastic bags
and reusable bags.
The bill would, on and after July 1, 2015, additionally impose
these prohibitions and requirements on convenience food stores,
foodmarts, and certain other specified stores, except for the
requirement to provide plastic bag collection bins.
The bill would, beginning January 1, 2015, require a reusable
grocery bag producer 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 specified requirements. The bill would require
the department to deposit the certification fees 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 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, 2016, 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, 2017.
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.
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 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) 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) 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, 2015, 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, 2015, 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 reusable grocery bag that
meets the requirements of Section 42287, on and after July 1, 2015,
and paragraph (1) of subdivision (d) of this section on or before
June 30, 2015.
(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 sells a line
of dry grocery, 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 21 license issued by the Department of Alcoholic Beverage
Control.
Article 2. Carryout Bag Regulation
42281. (a) Except as provided in Section 42282, the requirements
of this section apply only to a store, as defined in paragraph (1) or
(2) of subdivision (g) of Section 42280.
(b) (1) On and after January 1, 2014, 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, 2014, until June 30, 2015, 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, 2015, a store shall only provide to a
customer 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 may shall make reusable
grocery bags available for purchase by a customer.
(d) Notwithstanding any other law, on and after January 1, 2014, 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, 2015, 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. Plastic Bag Collection
42283. (a) (1) On and after January 1, 2013, a store, as defined
in paragraphs (1) and (2) of subdivision (g) of Section 42280, shall
place a plastic bag collection bin at the store in a manner that is
visible and easily accessible to the customer, and that is clearly
marked to notify customers that the collection bin is available for
the purpose of collection and recycling of plastic single-use
carryout bags and plastic reusable bags.
(2) The requirement of this subdivision shall apply to a store
notwithstanding that the store is prohibited from providing
single-use carryout bags to its customers.
(b) All plastic bags collected by the store shall be collected,
transported, and recycled in a manner that does not conflict with the
local jurisdiction's source reduction and recycling element,
pursuant to Chapter 2 (commencing with Section 41000) and Chapter 3
(commencing with Section 41300) of Part 2.
Article 4. Reusable Grocery Bags
42287. (a) On and after July 1, 2015, a reusable grocery bag
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 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 recycling symbol or end-of-life management instructions.
(D) The percentage of postconsumer recycled material, if any.
(4) It shall 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.
(b) In addition to the requirements in subdivision (a), a reusable
grocery bag made from plastic shall meet all of the following
requirements:
(1) On and after July 1, 2016, 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) (1) If 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, 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) A plastic reusable grocery bag producer 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, 2015, 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, 2015, 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) The department may inspect and audit a reusable bag producer
subject to this article with all costs associated with the audit
being paid for by the reusable grocery bag producer.
(g) The department may test any reusable bag manufactured by a
reusable 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 enter into an agreement with other state
entities that conduct inspections to provide necessary enforcement of
this article.
(i) Notwithstanding Section 42289.5, any violation of this article
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) The department shall deposit all certification fees 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 5. Reporting Requirements
42289. (a) On or before January 1, 2016, 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, 2017.
Article 6. 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 not apply to a violation of Article 4
(commencing with Section 42287).
