HomeMy WebLinkAboutMINUTES - 04012014 - C.22RECOMMENDATION(S):
ADOPT a position of support on SB 270 (Padilla): Solid Waste: Single-Use Carryout Bags, a bill that prohibits
specified stores from providing a single-use carryout bag to a customer; requires such stores to meet other
requirements regarding providing recycled paper bags and compostable bags; imposes these prohibitions and
requirements on convenience food stores, foodmarts, and certain other specified stores; requires bags sold or provided
to a store by a reusable grocery bag producer to meet specified requirements, and bag producers to provide
certification; and authorizes local civil penalties, as recommended by the Legislation Committee.
FISCAL IMPACT:
Unknown. The bill allows businesses to tap $2 million in recycling funds to retool manufacturing plants and retrain
workers who make plastic bags.
BACKGROUND:
At its February 24, 2014 meeting, the Legislation Committee considered SB 270 (Padilla) and voted unanimously to
forward the bill to the Board of Supervisors with a recommendation of "support."
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 04/01/2014 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: L. DeLaney,
925-335-1097
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board
of Supervisors on the date shown.
ATTESTED: April 1, 2014
David Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C. 22
To:Board of Supervisors
From:LEGISLATION COMMITTEE
Date:April 1, 2014
Contra
Costa
County
Subject:Support for SB 270 (Padilla): Solid Waste: Single-Use Carryout Bags
BACKGROUND: (CONT'D)
Background: After three unsuccessful attempts to outlaw single-use plastic grocery bags statewide, legislators
announced a compromise on Jan. 14, 2014 that they believe stands a good chance to pass. The proposal, contained
in SB 270 (Padilla), would impose a 10-cent fee on alternative bags while banning single-use plastic bags. The bill
would exempt those on food stamps from the fee and would be phased in starting July 2015.
While lawmakers battled over the issue, plastic grocery bag bans were approved in 90 cities and counties in
California, including Los Angeles city and county. Some legislators had worried that businesses in their districts
would be hurt. But some lawmakers who led the opposition in recent years support the new compromise, which
would allow grocers to charge at least a dime for bags made of recycled paper, reusable plastic and compostable
materials.
In addition, the state would allow businesses to tap $2 million in recycling funds to retool manufacturing plants
and retrain workers who make plastic bags.
The measure, SB 270, would require reusable bags to contain 20% recycled content at first and 40% by 2020. The
10-cent fee is intended to reimburse retailers for the cost of providing alternative bags and to encourage shoppers
to bring their own reusable bags to the store.
The ban on single-use plastic bags would apply to supermarkets and large grocery stores starting July 1, 2015, and
would extend to pharmacies and liquor stores in 2016.
Governor Brown does not have a public position on the proposal.
Contra Costa County Efforts
Contra Costa County committed in the "Short Term Trash Reduction Plan" to enact an ordinance to prohibit the
free distribution of single use plastic bags and polystyrene foam food and beverage containers. Members of the
Board of Supervisors wanted these ordinances to be able to spread easily into adjacent cities in order to create
economic parity across the County. Unfortunately there was insufficient desire by most cities to pursue these
ordinances at that time. At the same time, information conveyed by several southern California cities indicated
that a County-wide approach would be politically difficult and costly. The County chose to postpone the
development of these ordinances to the Long Term Plan.
For the Long Term Plan, the County proposes to implement the single use plastic bag ordinance developed by the
West County Integrated Waste Authority (AKA Recyclemore) within its jurisdiction (North Richmond, the
Richmond Pocket Neighborhoods, and El Sobrante) by July 1, 2014. The County will adopt the foam polystyrene
food container ordinance, currently in development by RecycleMore, within six months of its approval by the
Board of Directors.
The County will pursue a single use plastic bag ordinance by July 1, 2017 and a foam polystyrene food and
beverage container ordinance by July 1, 2022 for the remainder of the unincorporated areas of the County, and
enact it by July 1, 2017. This ordinance will be based on RecycleMore’s ordinance, so as to achieve consistency
within unincorporated communities. It is not known at this time if other cities will join the effort.
DISPOSITION: Pending
COMMITTEE: Assembly Rules Committee
HEARING: Not set
CONSEQUENCE OF NEGATIVE ACTION:
If the Board does not adopt a support position on the bill, there will be no formal position of the County from
which to advocate.
CHILDREN'S IMPACT STATEMENT:
Not Applicable.
ATTACHMENTS
SB 270 Bill Text
Fact Sheet
AMENDED IN ASSEMBLY FEBRUARY 6, 2014
SENATE BILL No. 270
Introduced by Senator Senators Padilla, De León, 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.
98
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
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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.
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SB 270— 3 —
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:
line 1 SECTION 1. Chapter 5.3 (commencing with Section 42280)
line 2 is added to Part 3 of Division 30 of the Public Resources Code,
line 3 to read:
line 4
line 5 Chapter 5.3. Single-Use Carryout Bags
line 6
line 7 Article 1. Definitions
line 8
line 9 42280. (a) “Department” means the Department of Resources
line 10 Recycling and Recovery.
line 11 (b) “Postconsumer recycled material” means a material that
line 12 would otherwise be destined for solid waste disposal, having
line 13 completed its intended end use and product life cycle.
line 14 Postconsumer recycled material does not include materials and
line 15 byproducts generated from, and commonly reused within, an
line 16 original manufacturing and fabrication process.
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line 1 (c) “Recycled paper bag” means a paper carryout bag provided
line 2 by a store to a customer at the point of sale that meets all of the
line 3 following requirements:
line 4 (1) (A) Except as provided in subparagraph (B), contains a
line 5 minimum of 40 percent postconsumer recycled materials.
line 6 (B) An eight pound or smaller recycled paper bag shall contain
line 7 a minimum of 20 percent postconsumer recycled material.
line 8 (2) Is accepted for recycling in curbside programs in a majority
line 9 of households that have access to curbside recycling programs in
line 10 the state.
line 11 (3) Has printed on the bag the name of the manufacturer, the
line 12 country where the bag was manufactured, and the minimum
line 13 percentage of postconsumer content.
line 14 (d) “Reusable grocery bag” means a bag that is provided by a
line 15 store to a customer at the point of sale that meets the requirements
line 16 of Section 42281.
line 17 (e) (1) “Reusable grocery bag producer” means a person or
line 18 entity that does any of the following:
line 19 (A) Manufactures reusable grocery bags for sale or distribution
line 20 to a store.
line 21 (B) Imports reusable grocery bags into this state, for sale or
line 22 distribution to a store.
line 23 (C) Sells or distributes reusable bags to a store.
line 24 (2) “Reusable grocery bag producer” does not include a store,
line 25 with regard to a reusable grocery bag for which there is a
line 26 manufacturer or importer, as specified in subparagraph (A) or
line 27 (B) of paragraph (1).
line 28 (f) (1) “Single-use carryout bag” means a bag made of plastic,
line 29 paper, or other material that is provided by a store to a customer
line 30 at the point of sale and that is not a recycled paper bag or a
line 31 reusable grocery bag that meets the requirements of Section 42281.
line 32 (2) A single-use carryout bag does not include either of the
line 33 following:
line 34 (A) A bag provided by a pharmacy pursuant to Chapter 9
line 35 (commencing with Section 4000) of Division 2 of the Business and
line 36 Professions Code to a customer purchasing a prescription
line 37 medication.
line 38 (B) A nonhandled bag used to protect a purchased item from
line 39 damaging or contaminating other purchased items when placed
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line 1 in a recycled paper bag, a reusable grocery bag, or a compostable
line 2 plastic bag.
line 3 (g) “Store” means a retail establishment that meets any of the
line 4 following requirements:
line 5 (1) A full-line, self-service retail store with gross annual sales
line 6 of two million dollars ($2,000,000) or more that sells a line of dry
line 7 groceries, canned goods, or nonfood items, and some perishable
line 8 items.
line 9 (2) Has at least 10,000 square feet of retail space that generates
line 10 sales or use tax pursuant to the Bradley-Burns Uniform Local
line 11 Sales and Use Tax Law (Part 1.5 (commencing with Section 7200)
line 12 of Division 2 of the Revenue and Taxation Code) and has a
line 13 pharmacy licensed pursuant to Chapter 9 (commencing with
line 14 Section 4000) of Division 2 of the Business and Professions Code.
line 15 (3) Is a convenience food store, foodmart, or other entity that
line 16 is engaged in the retail sale of a limited line of goods, generally
line 17 including milk, bread, soda, and snack foods, and that holds a
line 18 Type 20 or Type 21 license issued by the Department of Alcoholic
line 19 Beverage Control.
line 20 (4) Is a convenience food store, foodmart, or other entity that
line 21 is engaged in the retail sale of goods intended to be consumed off
line 22 the premises, and that holds a Type 20 or Type 21 license issued
line 23 by the Department of Alcoholic Beverage Control.
line 24 (5) Is not otherwise subject to paragraph (1), (2), (3), or (4), if
line 25 the retail establishment voluntarily agrees to comply with the
line 26 requirements imposed upon a store pursuant to this chapter,
line 27 notifies the department of its intent to comply with the requirements
line 28 imposed upon a store pursuant to this chapter, and pays the
line 29 registration fee that may be established pursuant to Section 42284.
line 30
line 31 Article 2. Reusable Grocery Bags
line 32
line 33 42281. (a) On and after July 1, 2015, a store, as defined in
line 34 paragraph (1) or (2) of subdivision (g) of Section 42280, may sell
line 35 or distribute a reusable grocery bag to a customer at the point of
line 36 sale only if the reusable bag meets all of the following
line 37 requirements:
line 38 (1) Has a handle and is designed for at least 125 uses. A bag
line 39 satisfies this minimum use requirement if the bag is capable of
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line 1 carrying two full, one gallon milk jugs for 125 uses and meets
line 2 either of the following requirements:
line 3 (A) If the bag is made of polyethylene, polypropylene, or
line 4 polyethylene terephthalate, the bag has a minimum thickness of
line 5 at least 2.25 mils.
line 6 (B) If the bag is made of a woven or nonwoven polymer or fiber,
line 7 the bag has a minimum fabric weight of at least 80 grams per
line 8 square meter.
line 9 (2) Has a volume capacity of at least 15 liters.
line 10 (3) Is machine washable or made from a material that can be
line 11 cleaned and disinfected.
line 12 (4) Has printed on the bag, or on a tag attached to the bag that
line 13 is not intended to be removed, and in a manner visible to the
line 14 consumer, all of the following information:
line 15 (A) The name of the manufacturer.
line 16 (B) The country where the bag was manufactured.
line 17 (C) A statement that the bag is a reusable bag and designed for
line 18 at least 125 uses.
line 19 (D) Instructions to return the bag to the store for recycling or
line 20 to another appropriate recycling location, if applicable.
line 21 (5) Does not contain lead, cadmium, or any other heavy metal
line 22 in toxic amounts. This requirement shall not affect any authority
line 23 of the Department of Toxic Substances Control pursuant to Article
line 24 14 (commencing with Section 25251) of Chapter 6.5 of Division
line 25 20 of the Health and Safety Code and, notwithstanding subdivision
line 26 (c) of Section 25257.1 of the Health and Safety Code, the reusable
line 27 grocery bag shall not be considered as a product category already
line 28 regulated or subject to regulation.
line 29 (6) Complies with Section 260.12 of Part 260 of Title 16 of the
line 30 Code of Federal Regulations related to recyclable claims if the
line 31 reusable grocery bag producer makes a claim that the reusable
line 32 grocery bag is recyclable.
line 33 (b) In addition to the requirements in subdivision (a), a reusable
line 34 grocery bag made from plastic, including sheet, woven, or
line 35 nonwoven plastic, shall meet all of the following requirements:
line 36 (1) On and after January 1, 2016, be made from a minimum of
line 37 20 percent postconsumer recycled material,
line 38 (2) On and after January 1, 2020, be made from a minimum of
line 39 40 percent postconsumer recycled material.
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line 1 (3) All postconsumer recycled material shall be cleaned using
line 2 washing equipment specifically designed for that purpose.
line 3 (4) In addition to the information required to be printed on the
line 4 bag or on a tag, pursuant to paragraph (4) of subdivision (a), a
line 5 statement that the bag is made partly or wholly from postconsumer
line 6 material, as applicable, as well as stating the percentage.
line 7 (c) A plastic reusable grocery bag that also meets the
line 8 specifications of the American Society of Testing and Materials
line 9 (ASTM) Standard Specification for Compostable Plastics D6400,
line 10 as published in September 2004, is not required to meet the
line 11 requirements of paragraph (1) or (2) of subdivision (b), but shall
line 12 be labeled in accordance with the applicable state law regarding
line 13 compostable plastics.
line 14 (d) On and after July 1, 2016, a store as defined in paragraph
line 15 (3) or (4) of subdivision (g) of Section 42280, shall comply with
line 16 the requirements of this section.
line 17 42281.5. (a) On and after January 1, 2016, a producer of
line 18 polyethylene, polypropylene, or polyethylene terephthalate reusable
line 19 grocery bags shall not sell or distribute a reusable grocery bag
line 20 in this state unless the producer is certified by the department
line 21 pursuant to this section. Certification shall require that the
line 22 reusable grocery bags sold by the producer comply with the
line 23 requirements of Section 42281. The application for certification
line 24 submitted by the producer shall verify the incorporation of cleaned
line 25 postconsumer recycled material into bags, as required by
line 26 paragraphs (1), (2), and (3) of subdivision (b) of Section 42281,
line 27 and shall include all of the following:
line 28 (1) Names, locations, and contact information of all sources
line 29 and suppliers of postconsumer recycled material. Except as
line 30 provided in subdivision (c), the supplier shall be certified by the
line 31 department as a post-consumer recycled material supplier pursuant
line 32 to subdivision (b).
line 33 (2) Quantity and dates of postconsumer recycled material
line 34 purchases by the reusable bag producer.
line 35 (3) Any other information that the department may require to
line 36 enable verification of the information provided in the application.
line 37 (b) A supplier of material to a producer of polyethylene,
line 38 polypropylene, or polyethylene terephthalate reusable grocery
line 39 bags may apply to the department for certification as a supplier
line 40 of material. The application for certification shall verify the
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line 1 methods of collecting and processing the postconsumer recycled
line 2 material, including all of the following:
line 3 (1) How the postconsumer material is obtained.
line 4 (2) Washing equipment, including the name of the maker, model,
line 5 description, photographs, and exact locations of the equipment.
line 6 (3) Any other information that the department may require to
line 7 enable verification of the information provided in the application.
line 8 (c) If a reusable grocery bag producer obtains postconsumer
line 9 recycled material without an intermediate supplier, the reusable
line 10 grocery bag producer is not required to provide, in its application,
line 11 the information regarding the certification of a supplier pursuant
line 12 to subdivision (b), but shall provide the department with the same
line 13 information otherwise required under paragraphs (1) to (3),
line 14 inclusive, of subdivision (b).
line 15 (d) The department shall provide a system to submit applications
line 16 for certification online.
line 17 (e) The department shall post on its Internet Web site 90 days
line 18 written notice of its intention to approve or disapprove a
line 19 certification application submitted pursuant to subdivision (a) or
line 20 (b), including its proposed decision, and shall invite public
line 21 comments. The notice shall include copies of all documents
line 22 submitted in support of the application, with pricing information
line 23 removed. The department may respond to any public comments
line 24 submitted in writing. The department shall issue a written ruling
line 25 on the application, stating its reasons and fully explaining its
line 26 responses to any objections.
line 27 (f) (1) A person may object to a proposed approval of a
line 28 certification on the grounds that the application for certification
line 29 of the reusable grocery bag producer or supplier did not comply
line 30 with the requirements imposed pursuant to this section, including
line 31 the verification of postconsumer recycled material, by submitting
line 32 a written request to the department.
line 33 (2) Upon receiving a written request pursuant to paragraph
line 34 (1), the department shall hold a public hearing before approving
line 35 the application.
line 36 (3) After holding a hearing pursuant to paragraph (2), the
line 37 department shall issue a written ruling on the application, stating
line 38 its reasons and fully explaining its response to any objections in
line 39 the written request.
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line 1 (4) A person objecting to the department’s approval of
line 2 certification, following a hearing conducted pursuant to paragraph
line 3 (2), may file an action for review of that approval in the superior
line 4 court of Sacramento County within 90 days of the ruling. The court
line 5 shall make its own independent findings on whether the department,
line 6 in approving the application for certification, obtained verified
line 7 evidence of postconsumer material, and may consider evidence
line 8 that was not submitted to the department.
line 9 (g) The department may suspend or revoke a certification of a
line 10 reusable grocery bag producer or supplier upon 90 days written
line 11 notice if the department receives a complaint supported by
line 12 substantial and credible evidence that the reusable grocery bags
line 13 distributed by the producer do not comply with the requirements
line 14 of Section 42281 or that the supplier is not in compliance with the
line 15 information supplied in the application for certification.
line 16 (h) On and after January 1, 2016, the department shall publish
line 17 a list on its Internet Web site that includes all of the following:
line 18 (1) The name, location, and contact information of all certified
line 19 reusable grocery bag producers and all certified post-consumer
line 20 recycled material suppliers.
line 21 (2) The reusable grocery bags distributed by a reusable grocery
line 22 bag producer certified by the department.
line 23 42282. (a) Upon request by the department, a reusable grocery
line 24 bag producer shall submit laboratory test results from independent,
line 25 accredited (ISO/IEC 17025) laboratories to the department
line 26 confirming that the reusable grocery bag meets the requirements
line 27 of Section 42281 for each type of reusable grocery bag that is
line 28 manufactured, imported, sold, or distributed in the state and
line 29 provided to a store for sale or distribution.
line 30 (b) The department may test any reusable grocery bag
line 31 manufactured by a reusable grocery bag producer and provided
line 32 to a store for sale or distribution for compliance with this article
line 33 and the regulations adopted pursuant to this article.
line 34 (c) The department may inspect and audit a certified reusable
line 35 grocery bag producer subject to this article to ensure continuing
line 36 compliance with Section 42281. All costs associated with the audit
line 37 shall be paid by the reusable grocery bag producer.
line 38 (d) The department may enter into an agreement with other
line 39 state entities that conduct inspections to provide necessary
line 40 enforcement of this article.
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line 1 42282.1. (a) A reusable grocery bag producer or supplier
line 2 shall submit the fee established pursuant to subdivision (b) to the
line 3 department when making an application for certification.
line 4 (b) The department shall establish a certification fee schedule
line 5 that will generate fee revenues sufficient to cover, but not exceed,
line 6 the department’s reasonable costs to implement and enforce this
line 7 article. The department may expend the fees collected pursuant to
line 8 this section, upon appropriation by the Legislature, to carry out
line 9 this article.
line 10 42282.2. (a) Notwithstanding Section 42285, a violation of
line 11 this article shall be subject to an administrative civil penalty
line 12 assessed by the department in an amount not to exceed five hundred
line 13 dollars ($500) for the first violation. A subsequent violation is
line 14 subject to a penalty of up to five hundred dollars ($500) per prior
line 15 violation, not to exceed five thousand dollars ($5,000) per
line 16 violation.
line 17 (b) On and after January 1, 2016, a store in violation of Section
line 18 42281 shall remove from the point of sale any reusable grocery
line 19 bags made from polyethylene, polypropylene, or polyethylene
line 20 terephthalate that were not distributed or sold by a certified
line 21 reusable grocery bag producer pursuant to Section 42282 within
line 22 seven days after the store receives notification of the violation.
line 23 42282.3. The department shall deposit all penalties collected
line 24 pursuant to subdivision (a) of Section 42282.1 for a violation of
line 25 this article into the Reusable Bag Account, which is hereby created
line 26 in the Integrated Waste Management Fund. The moneys in the
line 27 Reusable Bag Account shall be expended by the department, upon
line 28 appropriation by the Legislature, to assist the department with its
line 29 costs of implementing this article.
line 30
line 31 Article 3. Single-Use Carryout Bags
line 32
line 33 42283. (a) Except as provided in subdivisions (d) and (e), on
line 34 and after July 1, 2015, a store, as defined in paragraph (1) or (2)
line 35 of subdivision (g) of Section 42280, shall not provide a single-use
line 36 carryout bag to a customer at the point of sale.
line 37 (b) (1) On and after July 1, 2015, a store shall not sell or
line 38 distribute a reusable grocery bag at the point of sale except as
line 39 provided in this subdivision.
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line 1 (2) On and after July 1, 2015, a store may make available for
line 2 purchase at the point of sale a reusable grocery bag that meets
line 3 the requirements of Section 42281.
line 4 (3) On and after July 1, 2015, a store that makes reusable
line 5 grocery bags available for purchase pursuant to paragraph (2)
line 6 shall not sell the reusable grocery bag for less than ten cents
line 7 ($0.10) in order to ensure that the cost of providing a reusable
line 8 grocery bag is not subsidized by a customer who does not require
line 9 that bag.
line 10 (c) (1) On and after July 1, 2015, a store shall not sell or
line 11 distribute a recycled paper bag except as provided in this
line 12 subdivision.
line 13 (2) A store may make available for purchase a recycled paper
line 14 bag. On and after July 1, 2015, the store shall not sell a recycled
line 15 paper bag for less than ten cents ($0.10) in order to ensure that
line 16 the cost of providing a recycled paper bag is not subsidized by a
line 17 consumer who does not require that bag.
line 18 (d) Notwithstanding any other law, on and after July 1, 2015,
line 19 a store that makes reusable grocery bags or recycled paper bags
line 20 available for purchase at the point of sale shall provide a customer
line 21 participating in the California Special Supplemental Food Program
line 22 for Women, Infants, and Children pursuant to Article 2
line 23 (commencing with Section 123275) of Chapter 1 of Part 2 of
line 24 Division 106 of the Health and Safety Code and a customer
line 25 participating in the Supplemental Food Program pursuant to
line 26 Chapter 10 (commencing with Section 15500) of Part 3 of Division
line 27 9 of the Welfare and Institutions Code with a reusable grocery
line 28 bag or a recycled paper bag at no cost at the point of sale.
line 29 (e) On and after July 1, 2015, a store may distribute a
line 30 compostable bag at the point of sale, if the compostable bag is
line 31 provided to the consumer at the cost specified pursuant to
line 32 paragraph (2), the compostable bag, at a minimum, meets the
line 33 American Society for Testing and Materials (ASTM) Standard
line 34 Specification for Compostable Plastics D6400, and in the
line 35 jurisdiction where the compostable bag is sold and in the
line 36 jurisdiction where the store is located, both of the following
line 37 requirements are met:
line 38 (1) A majority of the residential households in the jurisdiction
line 39 have access to curbside collection of foodwaste for composting.
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line 1 (2) The governing authority for the jurisdiction has voted to
line 2 allow stores in the jurisdiction to sell to a consumers at the point
line 3 of sale a compostable bag at a cost not less than the actual cost
line 4 of the bag, which the Legislature hereby finds to be not less than
line 5 ten cents ($0.10) per bag.
line 6 (f) A store shall not require a customer to use, purchase, or
line 7 accept a single-use carryout bag, recycled paper bag, compostable
line 8 bag, or reusable grocery bag as a condition of sale of any product.
line 9 42283.5. On and after July 1, 2016, a store, as defined in
line 10 paragraph (3) or (4) of subdivision (g) of Section 42280, shall
line 11 comply with the same requirements of Section 42283 that are
line 12 imposed upon a store, as defined in paragraph (1) or (2) of
line 13 subdivision (g) of Section 42880.
line 14 42283.6. The operator of a store, as defined in paragraph (1)
line 15 or (2) of subdivision (g) of Section 42280 shall, in addition to
line 16 complying with the requirements of Chapter 5.1 (commencing with
line 17 Section 42250), establish an at-store recycling program that
line 18 provides an opportunity for customers to return to the store a clean
line 19 polyethylene, polypropylene, or polyethylene terephthalate bag,
line 20 including, but not limited to, a single-use carryout bag or a
line 21 reusable grocery bag. The at-store recycling program shall include
line 22 all of the following:
line 23 (a) Any polyethylene, polypropylene, and polyethylene
line 24 terephthalate bag provided by the store shall have printed or
line 25 displayed on the bag or on a tag, in a manner visible to a
line 26 consumer, and in compliance with Section 42281, the words
line 27 “PLEASE RETURN TO A PARTICIPATING STORE FOR
line 28 RECYCLING.”
line 29 (b) A collection bin shall be placed at each store and shall be
line 30 visible, easily accessible to the consumer, and clearly marked that
line 31 the collection bin is available for the purpose of collecting and
line 32 recycling a polyethylene, polypropylene, or polyethylene
line 33 terephthalate bag.
line 34 (c) All polyethylene, polypropylene, or polyethylene
line 35 terephthalate bags collected by the store pursuant to this section
line 36 shall be collected, transported, and recycled in a manner that does
line 37 not conflict with the local jurisdiction’s source reduction and
line 38 recycling element, pursuant to Chapter 2 (commencing with Section
line 39 41000) and Chapter 3 (commencing with Section 41300) of Part
line 40 2.
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line 1 (d) A retail establishment that elects to comply with this chapter
line 2 pursuant to paragraph (5) of subdivision (g) of Section 42280 shall
line 3 establish an at-store recycling program in accordance with this
line 4 section.
line 5 42284. The department may establish a registration fee to be
line 6 paid by a retail establishment that elects to comply with the
line 7 requirements imposed pursuant to this chapter upon a store
line 8 pursuant to paragraph (5) of subdivision (g) of Section 42280.
line 9 The department shall set the amount of the fee in an amount that
line 10 covers the costs to the department to regulate the fee payer’s
line 11 compliance with this chapter. The department may expend the fees
line 12 pursuant to this section, upon appropriation by the Legislature,
line 13 to carry out that regulatory authority.
line 14
line 15 Article 4. Enforcement
line 16
line 17 42285. (a) Except as provided in Section 42282.2, a city, a
line 18 county, a city and county, or the state may impose civil liability in
line 19 the amount of five hundred dollars ($500) for the first violation of
line 20 this chapter, one thousand dollars ($1,000) for the second
line 21 violation, and two thousand dollars ($2,000) for the third and
line 22 subsequent violations.
line 23 (b) Any civil penalties collected pursuant to subdivision (a)
line 24 shall be paid to the office of the city attorney, city prosecutor,
line 25 district attorney, or Attorney General, whichever office brought
line 26 the action. The penalties collected pursuant to this section by the
line 27 Attorney General may be expended by the Attorney General, upon
line 28 appropriation by the Legislature, to enforce this chapter.
line 29 (c) The remedies provided by this section shall not be exclusive
line 30 and shall be in addition to the remedies that may be available
line 31 pursuant to Chapter 5 (commencing with Section 17200) of Part
line 32 2 of Division 7 of the Business and Professions Code.
line 33
line 34 Article 5. Preemption
line 35
line 36 42287. (a) Except as provided in subdivision (c), this chapter
line 37 is a matter of statewide interest and concern and is applicable
line 38 uniformly throughout the state. Accordingly, this chapter occupies
line 39 the whole field of regulation of reusable grocery bags, single-use
line 40 carryout bags, and recycled paper bags, as defined in this chapter.
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line 1 (b) On and after January 1, 2015, a city, county, or other local
line 2 public agency shall not enforce, or otherwise implement, an
line 3 ordinance, resolution, regulation, or rule adopted on or after
line 4 September 1, 2014, relating to reusable grocery bags, single-use
line 5 carryout bags, or recycled paper bags, against a store, as defined
line 6 in this chapter, unless expressly authorized by this chapter.
line 7 (c) A city, county, or other local public agency that has adopted,
line 8 prior to September 1, 2014, an ordinance, resolution, regulation,
line 9 or rule relating to reusable grocery bags, single-use carryout bags,
line 10 or recycled paper bags may continue to enforce and implement
line 11 that ordinance, resolution, regulation, or rule that was in effect
line 12 before that date. Any amendments to that ordinance, resolution,
line 13 regulation, or rule on or after January 1, 2015, shall be subject
line 14 to subdivision (b), except any city, county, or other local public
line 15 agency may adopt or amend an ordinance, resolution, regulation,
line 16 or rule with regard to the amount that a store shall charge with
line 17 regard to a recycled paper bag, compostable bag, or reusable
line 18 grocery bag.
line 19
line 20 Article 6. Financial Provisions
line 21
line 22 42288. (a) Notwithstanding Section 42023.2, the sum of two
line 23 million dollars ($2,000,000) is hereby appropriated from the
line 24 Recycling Market Development Revolving Loan Subaccount in the
line 25 Integrated Waste Management Account to the department for the
line 26 purposes of providing loans and grants for the creation and
line 27 retention of jobs and economic activity in this state for the
line 28 manufacture and recycling of plastic reusable grocery bags that
line 29 use recycled content, including postconsumer recycled material.
line 30 (b) The department shall expend the funds appropriated
line 31 pursuant to this section to provide loans and grants for both of
line 32 the following:
line 33 (1) Development and conversion of machinery and facilities for
line 34 the manufacture of single-use plastic bags into machinery and
line 35 facilities for the manufacturer of durable reusable grocery bags
line 36 that, at a minimum, meet the requirements of Section 42281.
line 37 (2) Development of equipment for the manufacture of reusable
line 38 grocery bags, that, at a minimum, meet the requirements of Section
line 39 42281.
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line 1 (c) A recipient of a grant authorized by this section shall agree,
line 2 as a condition of receiving a grant, to retain and retrain existing
line 3 employees for the manufacturing of reusable grocery bags that,
line 4 at a minimum, meet the requirements of Section 42281.
line 5 SECTION 1. Section 106.5 is added to the Labor Code, to
line 6 read:
line 7 106.5. Agencies participating in the Joint Enforcement Strike
line 8 Force, established pursuant to Section 329 of the Unemployment
line 9 Insurance Code, and the Labor Enforcement Task Force,
line 10 established by the department, shall, to the degree feasible,
line 11 coordinate their law enforcement activities and shall exchange
line 12 information to better facilitate their law enforcement activities.
O
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FOR MORE INFORMATION – Contact Angela Manetti, Office of Senator Alex Padilla (916) 651-4020
SB 270 – PADILLA
Single-Use Bag Phase Out
(as amended February 6, 2014)
Summary
SB 270 would phase out single-use plastic bags in
California grocery stores, convenience stores,
liquor stores, and pharmacies.
Background
Each year in California, more than 13 billion
single-use plastic bags are handed out by retailers.
According to the United States Environmental
Protection Agency, 88% of plastic bags and sacks
are not recycled. In California, only 3% are
recycled, according to CalRecycle. Plastic bags
cause litter, slow sorting and jam machinery at
recycling centers costing California more than $25
million dollars each year to collect and bury the
plastic bag waste. According to a study
commissioned by the US Marine Debris
Monitoring Program, plastic bags remain one of
the top items found consistently during annual
beach cleanups.
Plastic bags are also harmful to the environment
killing thousands of birds, turtles and other
species. Most plastics do not degrade. Although
they represent only 2.2% of waste stream in
California, plastic waste is the predominate form
of marine debris. Plastics are estimated to
compose 60-80% of all marine debris and 90% of
all floating debris worldwide.
Plastics not only entangle marine life, they are also
ingested by marine life and birds. Most plastic
marine debris exists as small plastic particles due
to excessive UV radiation exposure and
subsequent photo-degradation. The Convention
on Biological Diversity reports a total of 663
species have been affected by plastic marine
pollution through entanglement or ingestion.
The California Coastal Commission reports that
“birds, fish and mammals often mistake plastic for
food. Some birds even feed it to their young. With
plastic filling their stomachs, animals have a false
feeling of being full, and may die of starvation.
Sea turtles mistake plastic bags for jellyfish, one of
their favorite foods. Even grey whales have been
found dead with plastic bags and sheeting in their
stomachs.”
The Scripps Institution of Oceanography at UC
San Diego found evidence of plastic waste in more
than 9% of the stomachs of fish collected in the
North Pacific Subtropical Gyre and estimate that
fish who reside in the intermediate ocean depths
ingest 12,000- to 24,000 tons of plastic per year.
According to the United States Environmental
Protection Agency, reducing the use of an item is
one of the most effective ways to save our natural
resources and protect the environment. To date,
many local jurisdictions in California have enacted
ordinances. The ordinances vary with some
requiring a charge for paper carry-out bags and
others banning both single-use plastic and paper
FOR MORE INFORMATION – Contact Angela Manetti, Office of Senator Alex Padilla (916) 651-4020
carryout bags. These ordinances have both
eliminated the costs associated with plastic bags as
well as substantially reduced the volume and costs
associated with paper bags in communities.
For example, San Francisco, Los Angeles County,
San Jose, and San Luis Obispo County are already
experiencing the benefits of reducing the use of
plastic bags. After just one year of
implementation of its bag ordinance, the City of
San Jose is reporting 50% cleaner creeks. Los
Angeles County is reporting a 95% reduction of all
single-use bags distributed, including a 30%
reduction of paper bags.
Existing Law
Section 42254 and 42257 of the Public Resources
Code requires large grocery stores to establish a
plastic bag recycling program and sunsets on
January 1, 2020.
Current California law is silent on the reduction of
single-use plastic bags.
This Bill
This bill would:
prohibit large grocery stores, on and after July
1, 2015, from providing a single-use carryout
bag (i.e., paper, plastic, or other material) to a
customer at the point-of-sale.
prohibit convenience and liquor stores, on and
after July 1, 2016, from providing a single-use
carryout bag (i.e., paper, plastic, or other
material) to a customer at the point-of-sale.
authorize a store, on and after July 1, 2015, to
provide a reusable grocery bag (i.e., cloth or
durable plastic) to a customer, which may be
made available for purchase.
authorize a store to make a recyclable paper
bag available for purchase for a minimum of
ten cents ($0.10).
specify standards and certification process for
reusable grocery bags.
allow ordinances adopted prior to September 1,
2014 to continue to be enforced.
prohibit any local agency from enforcing an
ordinance related to single-use carryout bags
after January 1, 2015.
make loans and grants available for single-use
plastic bag manufacturers who transition their
manufacturing to reusable grocery bags
require as a condition of receiving a loan or
grant that the manufacturer retain and retrain
existing employee for the manufacturing of
reusable grocery bags
Support
7th Generation Advisors
All One Ocean
California Coastkeeper Alliance
Californians Against Waste
City of Concord
County of Santa Clara
Environment California
Friends Committee on Legislation in CA
Heal the Bay
Natural Resources Defense Council
Plasticbaglaws.org
Surfrider Foundation
Team Marine
The Five Gyres Institute
Zero Waste San Diego
(updated 3/26/14)