Bill Text: CA SB1046 | 2021-2022 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Solid waste: precheckout and carryout bags.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2022-09-30 - Chaptered by Secretary of State. Chapter 991, Statutes of 2022. [SB1046 Detail]

Download: California-2021-SB1046-Amended.html

Amended  IN  Senate  May 17, 2022
Amended  IN  Senate  March 14, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 1046


Introduced by Senators Eggman and Gonzalez

February 15, 2022


An act to add Section 42281.2 to the Public Resources Code, relating to solid waste.


LEGISLATIVE COUNSEL'S DIGEST


SB 1046, as amended, Eggman. Solid waste: precheckout bags.
Existing law enacts provisions regulating the sale and distribution of reusable grocery bags to customers and prohibits a store, as defined, from providing a single-use carryout bag to a customer at the point of sale, except a compostable bag under specified conditions. Existing law defines a “single-use carryout bag” for this purpose to mean 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, as defined, or a reusable grocery bag that meets specified requirements.
This bill would additionally prohibit, on and after an unspecified date, January 1, 2025, a store, as defined, from providing a precheckout bag to a customer if the bag is not either a compostable bag, as described, or a recycled paper bag. The bill would define a “precheckout bag” for this purpose to mean a bag provided to a customer before the customer reaches the point of sale, that is designed to protect a purchased item from damaging or contaminating other purchased items in a checkout bag, or to contain an unwrapped food item.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 42281.2 is added to the Public Resources Code, to read:

42281.2.
 (a) On and after ____, January 1, 2025, a store, as defined in Section 42280, shall not provide a precheckout bag to a customer if the bag is not one of the following:
(1) A compostable bag that complies with the standards described in Section 42357.5 and is eligible to be labeled with the terms “compostable” or “home compostable” pursuant to Section 42357.
(2) A recycled paper bag.
(b) For purposes of this section, a “precheckout bag” means a bag provided to a customer before the customer reaches the point of sale, that is designed to protect a purchased item from damaging or contaminating other purchased items in a checkout bag, or to contain an unwrapped food item, such as, but not limited to, loose produce, meat or fish, nuts, grains, candy, and bakery goods. “Precheckout bag” does not include a bag used to prepackage items prior to their arrival in a store.

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