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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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

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BILL NUMBER: SB 270	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 27, 2014
	AMENDED IN ASSEMBLY  FEBRUARY 6, 2014

INTRODUCED BY   Senators Padilla, De León, and Lara

                        FEBRUARY 14, 2013

   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. 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 
 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. The bill would also allow
 such a store   those stores  , 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 department to
post on its Internet Web site, organized by county, the name and
physical location of each retail establishment that has elected to
comply with these requirements. 
    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   space and a retail  
establishment that voluntarily complies with the requirements of
this bill to comply  with  both the  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   at-store
recycling program requirements and the requirements of this bill
 .
   The bill would  require certain stores selling a reusable
grocery bag   require,  on and after July 1, 2015,
 a reusable grocery bag sold by certain stores  to a
customer at the point of sale  to be made by a certified reusable
grocery bag producer and  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 
reusable  plastic  film  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   reusable plastic film
 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   a 3rd-party
certification entity, as specified, and would require a supplier of
postconsumer recycled material to the reusable grocery bag producer
to be certified by a 3rd-party certification entity  . 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   a reusable grocery bag producer and a
supplier of postconsumer recycled material to a producer to provide
proof of certification to the department. The bill would require the
department to provide a system to receive proofs of certification
online  .
   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   suppliers,
 reusable grocery bags that comply with the requirements of the
 bill   bill, and 3rd-party  
certification entities recognized by the department  . The bill
would require the department to establish a certification fee
schedule to cover the department's costs to implement these 
certification  requirements, which a reusable grocery bag
producer or supplier  applying for certification would be
required to pay   providing proof to the department of
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.  The bill would
authorize a person to object to a certification of a reusable grocery
bag producer or   supplier of postconsumer recycled
material and would authorize a person to file an action for review of
that certification in the superior court of a county that has
jurisdiction over the reusable grocery bag producer or supplier.
 
   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   on a
person or entity that knows or reasonably should have known 
 it is in  violation of the bill's  requirements,
except as specified   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.  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  provided by a store  and would prohibit
a local public agency from enforcing or implementing an ordinance,
resolution, regulation, or rule  , or any amendment thereto,
 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
  the  local public agency to adopt or amend an
ordinance, resolution, regulation, or rule  setting a
  increasing the  price for a recycled paper bag,
compostable bag, or reusable grocery bag  to no less than a
specified amount  .
   (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.
   Vote: majority. Appropriation: 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) "Reusable plastic film" means a continuous sheet of
polyethylene with a thickness of not less than 2.25 mils measured
according to American Society of Testing and Materials (ASTM)
Standard D6988, or an alternative methodology approved by the
department.  
   (f) 
    (g)  (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. 
   (C) A bag provided to contain an unwrapped food item.  
   (D) A nonhandled bag that is designed to be placed over articles
of clothing on a hanger.  
   (g) 
    (h)  "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  
complies with the requirements  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)   (h)
 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   is made by a producer certified pursuant to
this article and 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.  
uses, as provided in this article. 
   (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   If the bag is eligible
for recycling in the state, instructions  to return the bag to
the store for recycling or to another appropriate recycling 
location, if applicable   location. If recyclable in the
state, the bag shall include the chasing arrows recycling symbol or
the term "recyclable," consistent with the Federal Trade Commission
Guidelines use of that term, as updated  .
   (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)  (1)    In addition to the requirements in
subdivision (a), a reusable grocery bag made from  plastic,
including sheet, woven, or nonwoven plastic,   reusable
plastic film  shall meet all of the following requirements:

   (1) 
    (A)  On and after January 1, 2016,  it shall 
be made from a minimum of 20 percent postconsumer recycled 
material,   material.  
   (2) 
    (B)  On and after January 1, 2020,  it shall 
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. 

   (C)  It shall be recyclable in this state, and accepted for return
at stores subject to the at-store recycling program (Chapter 5.1
(commencing with Section 42250)) for recycling.  
   (4) 
    (D)   In   It shall have, 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  recycled
 material, as applicable,  as well as   and
 stating the  applicable  percentage. 
   (E) It shall be capable of carrying 22 pounds for 125 uses or more
and be at least 2.25 mils thick.  
   (2) A reusable grocery bag made from reusable plastic film that
meets the specifications of the American Society of Testing and
Materials (ASTM) International Standard Specification for Compostable
Plastics D6400, as updated, is not required to meet the requirements
of subparagraph (A) or (B) of paragraph (1), but shall be labeled in
accordance with the applicable state law regarding compostable
plastics.  
   (c) In addition to the requirements of subdivision (a), a reusable
grocery bag that is not made of reusable plastic film and that is
made from any other natural or synthetic fabric, including, but not
limited to, woven or nonwoven nylon, polypropylene,
polyethylene-terephthalate, or tyvek, shall satisfy all of the
following:  
   (1) It shall be sewn.  
   (2) It shall be capable of carrying 22 pounds 125 times over a
distance of 175 feet. 
   (3) It shall have a minimum fabric weight of at least 80 grams per
square meter.  
   (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)   (h)  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  made from reusable plastic film 
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   by a
third-party certification entity pursuant to Section 42282. A
producer shall provide proof of certification to the department
demonstrating that the reus   able grocery bags produced by
the producer comply with the provisions of this article. The proof of
certification  shall include all of the following:
   (1) Names, locations, and contact information of all sources 
of postconsumer recycled material  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   that have been certified
 pursuant to  subdivision (b)   Section
42282  .
   (2) Quantity and dates of postconsumer recycled material purchases
by the reusable  grocery  bag producer.
   (3) Any other information that the department may require to
enable verification of the information provided in the 
application   proof of certification  .
   (b) A supplier of  postconsumer recycled  material to a
 reusable grocery bag  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 
 shall be certified pursuant to Section 42282 and shall provide
information regarding  the methods of collecting and processing
the postconsumer recycled  material, including  
material to a third-party certification entity. The information
shall include  all of the following:
   (1) How the postconsumer  recycled  material is obtained.

   (2)  Washing equipment, including  
Information   demonstrating that all postconsumer recycled
material is cleaned using washing equipment specifically designed for
that purpose, including  the name of the maker, model,
description, photographs, and exact locations of the equipment.
   (3) Any other information that the department  or
certification entity  may require to enable verification of the
information provided  in the application   by
the supplier  . 
   (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)  On a schedule and in a manner determined by the
department, a reusable grocery bag producer and a supplier of
postconsumer recycled material shall provide to the department proof
of certification conducted by a third-party certification entity 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, at the point of sale, that meets all the applicable
requirements of this article. The proof of certification shall be
accompanied by a certification fee, established pursuant to Section
42282.1.  
   (b) A third-party certification entity shall be an independent,
accredited (ISO/IEC 17025) laboratory that is recognized by the
department.  
   (c) For a reusable grocery bag producer, a third-party
certification entity shall certify that the producer's reusable
grocery bags meet the minimum 125-use requirement using one of the
following standards:  
   (1) The EcoLogo ATP-001 standards for durability, as those
standards existed on November 7, 1995.  
   (2) For a reusable grocery bag made from reusable plastic film,
the Reusable Bag Test Method, developed by Dr. Joseph Greene of the
California State University, Chico, as that test method existed on
April 17, 2012.  
   (3) An alternative compliance methodology approved by the
department.  
   (d) For a supplier of postconsumer recycled content, a third-party
certification entity shall certify that the supplier has complied
with subdivision (b) of Section 42281.5.  
   (e) The department shall provide a system to receive proofs of
certification online.  
   (f) On and after July 1, 2016, the department shall publish a list
on its Internet Web site that includes all of the following: 

   (1) The name, location, and appropriate contact information of
certified reusable grocery bag producers.  
   (2) The reusable grocery bags that are in compliance with this
article.  
   (3) A list of third-party certification entities that are
recognized by the department, including the Department of Mechanical
and Mechatronic Engineering and Sustainable Manufacturing of the
California State University, Chico, which shall be recognized as a
third-party certification entity.  
   (4) A list of certified suppliers of postconsumer recycled
material. 
    (g)     Upon request by the department,
a   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   this article  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) 
    (h)  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) 
    (i)  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) 
    (j)  The department may enter into an agreement with
other state entities that conduct inspections to provide necessary
enforcement of this article. 
   (k) (1) A person may object to the certification of a reusable
grocery bag producer or a supplier of postconsumer recycled material.
 
   (2) The department shall accept objections pursuant to paragraph
(1) and other public comments and may respond to these in writing.
 
   (3) A person objecting to a certification pursuant to this
subdivision may file an action for review of that certification in
the superior court of a county that has jurisdiction over the
reusable grocery bag producer or postconsumer recycled material
supplier. The court may make its own independent findings on whether
the department, in accepting the proof of certification, obtained
verified evidence of compliance, and may consider evidence that was
not submitted to the department.  
   (l) The department may suspend or revoke a certification of a
reusable grocery bag producer or supplier of postconsumer recycled
material if the department finds there is evidence that the reusable
grocery bags distributed by the producer do not comply with the
requirements of this article, or that the supplier of postconsumer
recycled material does not comply with the requirements of this
article. 
   42282.1.  (a) A reusable grocery bag producer or supplier  of
postconsumer recycled material  shall submit the fee established
pursuant to subdivision (b) to the department when  making
an application for  providing proof of 
certification  pursuant to Sections 42281.5 and 42282  .
   (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  the
certification provisions of 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
  subdivision  (e), on and after July 1, 2015, a
store, as defined in paragraph (1) or (2) of subdivision  (g)
  (h)  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  
store, as defined in paragraph (1) or (2) of subdivision (h) 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  
store, as defined in paragraph (1) or (2) of subdivision (h) 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  
store, as defined in paragraph (1) or (2) of subdivision (h) 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  
store, as defined in paragraph (1) or (2) of subdivision (h) of
Section 42280,  shall not sell or distribute a recycled paper
bag except as provided in this subdivision.
   (2) A  store   store, as defined in paragraph
(1) or (2) of subdivision (h) 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   store, as defined in paragraph (1) or
(2) of subdivision (h) of Section 42280,  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  
store, as defined in paragraph (1) or (2) of subdivision (h) 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  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   store, as defined in paragraph
(1) or (2) of subdivision (h) 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.
   42283.5.  On and after July 1, 2016, a store, as defined in
paragraph (3) or (4) of subdivision  (g)   (h)
 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)   (h)  of
Section  42880.   42280. 
   42283.6.  (a)    The operator of a store, as
defined in paragraph (1) or (2) of subdivision  (g) 
 (h)  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:   42280, shall be subject to the
provisions of both the at-store recycling program (Chapter 5.1
(commencing with Section 42250)) and the provisions of this chapter.
 
   (b) A store that voluntarily agrees to comply with the provisions
of this article pursuant to subdivision (h) of Section 42280, shall
also comply with the provisions of the at-store recycling program
(Chapter 5.1 (commencing with Section 42250)).  
   (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.  
   42284.  (a) A retail establishment not specifically required to
comply with the requirements of this chapter is encouraged to reduce
its distribution of single-use plastic carryout bags.
   (b) Pursuant to the provisions of subdivision (h) of Section
42280, any retail establishment that is not a "store," that provides
the department with the written notice as specified in (c), shall be
regulated as a "store" for the purposes of this chapter.
   (c) The written notice shall be dated and signed by an authorized
representative of the retail establishment, and shall include the
name and physical address of all retail locations covered by the
notice. The department shall acknowledge receipt of the notice in
writing and shall specify the date the retail establishment will be
regulated as a "store," which shall not be less than 30 days after
the date of the department's acknowledgment. The department shall
post on its Internet Web site, organized by county, the name and
physical location or locations of each retail establishment that has
elected to be regulated as a "store." 

      Article 4.  Enforcement


   42285.  (a)  Except as provided in Section 42282.2, a
  A  city, a county, a city and county, or the
state may impose civil liability  on a person or entity that
knowningly violated this chapter, or reasonably should have known
that it violated this chapter,  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.   chapter, provided by a store, 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  , or any amendment
thereto,  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   the  city, county, or
other local public agency may adopt or amend an ordinance,
resolution, regulation, or rule  with regard  to
 increase  the amount that a store shall charge with regard
to a recycled paper bag, compostable bag, or reusable grocery bag
 to no less than the amount specified in Section 42283  .

      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.