Bill Text: CA SB405 | 2013-2014 | Regular Session | Amended
Bill Title: Solid waste: single-use carryout bags.
Sponsorship: Partisan Bill (Democrat 2)
Status: (Introduced - Dead) 2014-02-06 - Died on file pursuant to Joint Rule 56. [SB405 Detail]
Download: California-2013-SB405-Amended.html
BILL NUMBER: SB 405 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 24, 2013
AMENDED IN SENATE APRIL 2, 2013
INTRODUCED BY Senator Padilla
( Coauthor: Senator Leno
)
FEBRUARY 20, 2013
An act to add Chapter 5.3 (commencing with Section 42280) to Part
3 of Division 30 of , and to repeal Section 42285 of,
the Public Resources Code, relating to solid waste.
LEGISLATIVE COUNSEL'S DIGEST
SB 405, as amended, Padilla. Solid waste: single-use carryout
bags.
Existing law, until January 1, 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.
With specified exceptions, this bill, as of January 1, 2015, would
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, on and after July 1, 2016, would
additionally impose this prohibition on convenience food
stores, foodmarts, and certain other specified stores. The bill
would require all of these stores to meet other specified
requirements regarding providing recycled paper bags, compostable
bags, or reusable grocery bags to customers.
The bill, on and after July 1, 2016, would additionally impose
these prohibitions and requirements on convenience food stores,
foodmarts, and certain other specified stores.
The bill would require a reusable grocery bag that a store is
required to sell on and after July 1, 2016, to meet specified
requirements. A violation of that requirement and the requirements
that would be imposed upon grocery bag producers to submit certain
laboratory test results would be subject to an administrative civil
penalty assessed by the Department of Resources Recycling and
Recovery. 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 require the department, by January 1, 2017, 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, 2018.
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. 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, on and
after January 1, 2014, from enforcing or implementing an ordinance,
resolution, regulation, or rule adopted on or after September 1,
2013, relating to those bags, 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, 2013, to
continue to enforce and implement that ordinance, resolution,
regulation, or rule, but would require any amendments to that
ordinance, resolution, regulation, or rule to be subject to state
preemption.
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), 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" on and after July 1, 2016, means a bag
that meets the requirements of Section 42281.
(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 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 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 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.
Article 2. Reusable Grocery Bags
42281. (a) On and after July 1, 2016, a reusable grocery bag that
is sold pursuant to subdivision (c) of Section 42282
42283 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 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) 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.
(5) 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 . recyclable.
(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, 2017, 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) If a plastic reusable grocery bag producer is unable to obtain
sufficient amounts of postconsumer recycled material to comply with
this article because of unavailability, the 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.
42282. (a) The department may inspect and audit a reusable
grocery bag producer subject to this article with all costs
associated with the audit being paid for by the reusable grocery bag
producer.
(b) 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 validating
the reusable grocery bag meets the requirements of Section 44281 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.
(c) 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.
(d) The department may enter into an agreement with other state
entities that conduct inspections to provide necessary enforcement of
this article.
(e) 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 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.
(f) The department shall deposit all penalties collected pursuant
to subdivision (d) (e) 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) On and after January 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) On and after July 1, 2016, a store, as defined in paragraph
(3) of subdivision (g) of Section 42280, shall not provide a
single-use carryout bag to a customer at the point of sale.
(c) (1) On and after July 1, 2016, a store shall make available
for purchase by a customer reusable grocery bags that meet the
requirements of Section 42281.
(2) On and after July 1, 2016, a store shall not sell or
distribute a reusable bag at the point of sale that does not meet the
requirements of Section 42281.
(d) A store may make available for purchase at the point of sale a
recycled paper bag.
(e) Notwithstanding any other law, on and after January 1, 2015, 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.
(f) Notwithstanding subdivisions (a) and (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, in
the jurisdiction where the compostable bag is sold, 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 consumer at the point
of sale a compostable bag at a cost not less than the actual cost of
the bags.
Article 4. Reporting Requirements
42284. (a) On or before January 1, 2017, 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 grocery bags
specified in Section 42281.
(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, 2018.
Article 5. Enforcement
Article 4. Enforcement
42285. (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) 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, 2014, a city, county, or other local
public agency shall not enforce against a store, as defined in
subdivision (g) of Section 42280, or otherwise implement, an
ordinance, resolution, regulation, or rule adopted on or after
September 1, 2013, relating to reusable grocery bags, single-use
carryout bags, or recycled paper bags, 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, 2013, 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, 2014, shall be subject to subdivision
(b), except a city, county, or other local public agency may amend
that ordinance, resolution, regulation, or rule with regard to the
amount that a store shall charge with regard to a recycled paper bag.
