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

California Senate Bill 270 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft
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
BILL NUMBER: SB 270	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  FEBRUARY 6, 2014

INTRODUCED BY    Senator   Padilla 
 Senators   Padilla,   De Le�n,   and
Lara 

                        FEBRUARY 14, 2013

    An act to add Section 106.5 to the Labor Code, relating
to employment.   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.  Underground economy:
enforcement actions.  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 a store 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 such a store, 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 the
department and pays a registration fee established by the department.
 
    The bill would require the operator of a store that has a
specified amount of sales in dollars or retail floor space, in
addition to complying with existing requirements, to establish an
at-store recycling program that provides an opportunity for customers
to return to the store clean polyethylene, polypropylene, and
polyethylene terephthalate bags, including requiring those bags that
are provided by the store to display a specified notice and providing
for the placement of collection bins in a specified manner. 

   The bill would require certain stores selling a reusable grocery
bag on and after July 1, 2015, to a customer at the point of sale 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 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 specified plastics from selling or distributing those bags on
and after January 1, 2016, unless the producer is certified by the
Department of Resources Recycling and Recovery. The bill would
require the application for certification to include specified
information that verifies the incorporation of clean postconsumer
recycled material. The bill would also authorize a supplier of
postconsumer recycled material to a producer of those bags to apply
to the department for certification as a supplier of material. The
bill would specify a procedure for a person to submit a written
request to the department objecting to approval of a certification
and for the holding of a hearing regarding that approval.  
   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 and suppliers and reusable grocery bags that comply
with the requirements of the bill. The bill would require the
department to establish a certification fee schedule to cover the
department's costs to implement these requirements, which a reusable
grocery bag producer or supplier applying for certification would be
required to pay. The bill would also require a reusable grocery bag
producer to submit specified laboratory test results to the
department.  
   A violation of these requirements would be subject to an
administrative civil penalty assessed by the department. The
department would be required to deposit these penalties into the
Reusable Bag Account, which would be created in the Integrated Waste
Management Fund, for expenditure by the department, upon
appropriation by the Legislature, to implement those requirements.

    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 as specified. 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 provide that these remedies are not exclusive, as
specified.  
   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 and would prohibit a local public agency from
enforcing or implementing an ordinance, resolution, regulation, or
rule adopted on or after September 1, 2014, relating to those bags,
against a store unless expressly authorized. The bill would allow a
local public agency that has adopted such an ordinance, resolution,
regulation, or rule prior to September 1, 2014, to continue to
enforce and implement that ordinance, resolution, regulation, or
rule, and would preempt any amendments to that ordinance, resolution,
regulation, or rule, except that the bill would allow a local public
agency to adopt or amend an ordinance, resolution, regulation, or
rule setting a price for a recycled paper bag, compostable bag, or
reusable grocery bag.  
   (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 therefrom
inoperative on July 1, 2021, and repeals them as of January 1, 2022.
 
   This bill would appropriate $2,000,000 from 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 to agree, as a condition of receiving
a grant, to take specified actions.  
   Existing law establishes the Joint Enforcement Strike Force on the
Underground Economy to combat tax violations and cash-pay employment
and to report to the Legislature on the underground economy by June
30 of each year. The Department of Industrial Relations established
the Labor Enforcement Task Force to help to eliminate the underground
economy by ensuring that employers do not violate wage, hour, and
safety laws by illegally hiring workers.  
   This bill would require, to the extent feasible, agencies
participating in either of these groups to coordinate their law
enforcement activities and to exchange information between them
regarding these activities. 
   Vote: majority. Appropriation:  no   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.
   (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, notifies
the department of its intent to comply with the requirements imposed
upon a store pursuant to this chapter, and pays the registration fee
that may be 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 meets all of the following requirements:
   (1) Has a handle and is designed for at least 125 uses. A bag
satisfies this minimum use requirement if the bag is capable of
carrying two full, one gallon milk jugs for 125 uses and meets either
of the following requirements:
   (A) If the bag is made of polyethylene, polypropylene, or
polyethylene terephthalate, the bag has a minimum thickness of at
least 2.25 mils.
   (B) If the bag is made of a woven or nonwoven polymer or fiber,
the bag has a minimum fabric weight of at least 80 grams per square
meter.
   (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) Instructions to return the bag to the store for recycling or
to another appropriate recycling location, if applicable.
   (5) Does 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.
   (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) In addition to the requirements in subdivision (a), a reusable
grocery bag made from plastic, including sheet, woven, or nonwoven
plastic, shall meet all of the following requirements:
   (1) On and after January 1, 2016, be made from a minimum of 20
percent postconsumer recycled material,
   (2) On and after January 1, 2020, be made from a minimum of 40
percent postconsumer recycled material.
   (3) All postconsumer recycled material shall be cleaned using
washing equipment specifically designed for that purpose.
   (4) 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
material, as applicable, as well as stating the percentage.
   (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) or (2) of subdivision (b), but shall be labeled in
accordance with the applicable state law regarding compostable
plastics.
   (d) On and after July 1, 2016, a store as defined in paragraph (3)
or (4) of subdivision (g) of Section 42280, shall comply with the
requirements of this section.
   42281.5.  (a) On and after January 1, 2016, a producer of
polyethylene, polypropylene, or polyethylene terephthalate reusable
grocery bags shall not sell or distribute a reusable grocery bag in
this state unless the producer is certified by the department
pursuant to this section. Certification shall require that the
reusable grocery bags sold by the producer comply with the
requirements of Section 42281. The application for certification
submitted by the producer shall verify the incorporation of cleaned
postconsumer recycled material into bags, as required by paragraphs
(1), (2), and (3) of subdivision (b) of Section 42281, and shall
include all of the following:
   (1) Names, locations, and contact information of all sources and
suppliers of postconsumer recycled material. Except as provided in
subdivision (c), the supplier shall be certified by the department as
a post-consumer recycled material supplier pursuant to subdivision
(b).
   (2) Quantity and dates of postconsumer recycled material purchases
by the reusable bag producer.
   (3) Any other information that the department may require to
enable verification of the information provided in the application.
   (b) A supplier of material to a producer of polyethylene,
polypropylene, or polyethylene terephthalate reusable grocery bags
may apply to the department for certification as a supplier of
material. The application for certification shall verify the methods
of collecting and processing the postconsumer recycled material,
including all of the following:
   (1) How the postconsumer material is obtained.
   (2) Washing equipment, including the name of the maker, model,
description, photographs, and exact locations of the equipment.
   (3) Any other information that the department may require to
enable verification of the information provided in the application.
   (c) If a reusable grocery bag producer obtains postconsumer
recycled material without an intermediate supplier, the reusable
grocery bag producer is not required to provide, in its application,
the information regarding the certification of a supplier pursuant to
subdivision (b), but shall provide the department with the same
information otherwise required under paragraphs (1) to (3),
inclusive, of subdivision (b).
   (d) The department shall provide a system to submit applications
for certification online.
   (e) The department shall post on its Internet Web site 90 days
written notice of its intention to approve or disapprove a
certification application submitted pursuant to subdivision (a) or
(b), including its proposed decision, and shall invite public
comments. The notice shall include copies of all documents submitted
in support of the application, with pricing information removed. The
department may respond to any public comments submitted in writing.
The department shall issue a written ruling on the application,
stating its reasons and fully explaining its responses to any
objections.
   (f) (1) A person may object to a proposed approval of a
certification on the grounds that the application for certification
of the reusable grocery bag producer or supplier did not comply with
the requirements imposed pursuant to this section, including the
verification of postconsumer recycled material, by submitting a
written request to the department.
   (2) Upon receiving a written request pursuant to paragraph (1),
the department shall hold a public hearing before approving the
application.
   (3) After holding a hearing pursuant to paragraph (2), the
department shall issue a written ruling on the application, stating
its reasons and fully explaining its response to any objections in
the written request.
   (4) A person objecting to the department's approval of
certification, following a hearing conducted pursuant to paragraph
(2), may file an action for review of that approval in the superior
court of Sacramento County within 90 days of the ruling. The court
shall make its own independent findings on whether the department, in
approving the application for certification, obtained verified
evidence of postconsumer material, and may consider evidence that was
not submitted to the department.
   (g) The department may suspend or revoke a certification of a
reusable grocery bag producer or supplier upon 90 days written notice
if the department receives a complaint supported by substantial and
credible evidence that the reusable grocery bags distributed by the
producer do not comply with the requirements of Section 42281 or that
the supplier is not in compliance with the information supplied in
the application for certification.
   (h) On and after January 1, 2016, the department shall publish a
list on its Internet Web site that includes all of the following:
   (1) The name, location, and contact information of all certified
reusable grocery bag producers and all certified post-consumer
recycled material suppliers.
   (2) The reusable grocery bags distributed by a reusable grocery
bag producer certified by the department.
   42282.  (a) Upon request by the department, a reusable grocery bag
producer shall submit laboratory test results from independent,
accredited (ISO/IEC 17025) laboratories to the department confirming
that the reusable grocery bag meets the requirements of Section 42281
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.
   (b) 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.
   (c) 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.
   (d) The department may enter into an agreement with other state
entities that conduct inspections to provide necessary enforcement of
this article.
   42282.1.  (a) A reusable grocery bag producer or supplier shall
submit the fee established pursuant to subdivision (b) to the
department when making an application for certification.
   (b) The department shall establish a certification fee schedule
that will generate fee revenues sufficient to cover, but not exceed,
the department's reasonable costs to implement and enforce this
article. The department may expend the fees collected pursuant to
this section, upon appropriation by the Legislature, to carry out
this article.
   42282.2.  (a) Notwithstanding Section 42285, a 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 is subject to
a penalty of up to five hundred dollars ($500) per prior violation,
not to exceed five thousand dollars ($5,000) per violation.
   (b) On and after January 1, 2016, a store in violation of Section
42281 shall remove from the point of sale any reusable grocery bags
made from polyethylene, polypropylene, or polyethylene terephthalate
that were not distributed or sold by a certified reusable grocery bag
producer pursuant to Section 42282 within seven days after the store
receives notification of the violation.
   42282.3.  The department shall deposit all penalties collected
pursuant to subdivision (a) of Section 42282.1 for a violation of
this article into the Reusable Bag Account, which is hereby created
in the Integrated Waste Management Fund. The moneys 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.

      Article 3.  Single-Use Carryout Bags


   42283.  (a) Except as provided in subdivisions (d) and (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 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 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 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 shall not sell or
distribute a recycled paper bag except as provided in this
subdivision.
   (2) A store 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 that makes reusable grocery bags or recycled paper bags
available for purchase at the point of sale 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) On and after July 1, 2015, a store 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) Standard Specification for
Compostable Plastics D6400, 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 a 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 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) or (4) 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 42880.
   42283.6.  The operator of a store, as defined in paragraph (1) or
(2) of subdivision (g) of Section 42280 shall, in addition to
complying with the requirements of Chapter 5.1 (commencing with
Section 42250), establish an at-store recycling program that provides
an opportunity for customers to return to the store a clean
polyethylene, polypropylene, or polyethylene terephthalate bag,
including, but not limited to, a single-use carryout bag or a
reusable grocery bag. The at-store recycling program shall include
all of the following:
   (a) Any polyethylene, polypropylene, and polyethylene
terephthalate bag provided by the store shall have printed or
displayed on the bag or on a tag, in a manner visible to a consumer,
and in compliance with Section 42281, the words "PLEASE RETURN TO A
PARTICIPATING STORE FOR RECYCLING."
   (b) A collection bin shall be placed at each store and shall be
visible, easily accessible to the consumer, and clearly marked that
the collection bin is available for the purpose of collecting and
recycling a polyethylene, polypropylene, or polyethylene
terephthalate bag.
   (c) All polyethylene, polypropylene, or polyethylene terephthalate
bags collected by the store pursuant to this section 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.
   (d) A retail establishment that elects to comply with this chapter
pursuant to paragraph (5) of subdivision (g) of Section 42280 shall
establish an at-store recycling program in accordance with this
section.
   42284.  The department may establish a registration fee to be paid
by a retail establishment that elects to comply with the
requirements imposed pursuant to this chapter upon a store pursuant
to paragraph (5) of subdivision (g) of Section 42280. The department
shall set the amount of the fee in an amount that covers the costs to
the department to regulate the fee payer's compliance with this
chapter. The department may expend the fees pursuant to this section,
upon appropriation by the Legislature, to carry out that regulatory
authority.

      Article 4.  Enforcement


   42285.  (a) Except as provided in Section 42282.2, 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) The remedies provided by this section shall not be exclusive
and shall be in addition to the remedies that may be available
pursuant to Chapter 5 (commencing with Section 17200) of Part 2 of
Division 7 of the Business and Professions Code.

      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.
   (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 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) A city, county, or other local public agency that has adopted,
prior to 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 any city, county, or other local public agency may adopt
or amend an ordinance, resolution, regulation, or rule with regard to
the amount that a store shall charge with regard to a recycled paper
bag, compostable bag, or reusable grocery bag.

      Article 6.  Financial Provisions


   42288.  (a) Notwithstanding Section 42023.2, the sum of two
million dollars ($2,000,000) is hereby appropriated from 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 expend 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 authorized by this section shall
agree, as a condition of receiving a grant, to retain and retrain
existing employees for the manufacturing of reusable grocery bags
that, at a minimum, meet the requirements of Section 42281. 

  SECTION 1.    Section 106.5 is added to the Labor
Code, to read:
   106.5.  Agencies participating in the Joint Enforcement Strike
Force, established pursuant to Section 329 of the Unemployment
Insurance Code, and the Labor Enforcement Task Force, established by
the department, shall, to the degree feasible, coordinate their law
enforcement activities and shall exchange information to better
facilitate their law enforcement activities.