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Home My WebLink AboutMINUTES - 04222008 - SD.3 TO: BOARD OF SUPERVISORS Contra FROM: JOHN CULLEN "` ' T Costa County Administrator � , • .k County c�s �Av coon+� DATE: April 22, 2008 SUBJECT: SUPPORT POSITION on AB 2058 (Levine): Recycling: plastic carryout bags SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION SUPPORT AB 2058 (Levine), a bill that would require supermarkets and drugstores to demonstrate a 35 percent increase in plastic bag recycling by July 1, 2011 and a 70 percent increase by July 1, 2013 or charge consumers 1.5 cents a bag if the goals are not met, as recommended by Supervisor Federal D. Glover. FISCAL IMPACT: No fiscal impact to the County. BACKGROUND: According to the author, Californians use over 19 billion plastic bags annually (approximately 552 per person), creating over 147,000 tons of waste. It is estimated that only 5-6% of plastic materials are recycled in California. To address the problem, Los Angeles County prepared a report, An Overview of Carryout Bags in Los Angeles County, in 2007. The report included several key findings. Plastic carryout bags have been found to significantly contribute to litter and have other negative impacts on marine wildlife and the environment. Biodegradable carryout bags are not a practical solution in Los Angeles County as there are no local commercial composting facilities able to process the bags. Reusable bags are more environmentally sustainable than paper and plastic bags. Accelerating the widespread use of reusable bags will diminish plastic bag litter and redirect environmental preservation efforts and resources toward "greener" activities. Reusable bags are the-most environmentally benign alternative to plastic bags. Paper, the most likely replacement for plastic, also has drawbacks, including being more costly for stores and using more energy to produce and recycle. However, these do degrade when littered and do not pose the threats to marine life that plastic bags do. Plastic bags are difficult to collect in curbside programs because they clog sorting equipment. Additionally, compostable or degradable plastic bags are not recyclable and contaminate recycling equipment if they are mixed in with conventional plastic bags. Moreover, most degradable bags do not break down in a marine environment. CONTINUED ON A"I"I'ACI-IMf.NT: x YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION Of BOARD COM 'EE APPROVE OTHER SIGNATURF.(S): AC'T'ION OF BOVIL O� v2(�� APPROVED AS RECOMMENDED OTHER Supervisor ABSTAINED• Supervisor Piepho recomnend6d referring this to the Legislative Conmittee for monitoring at the State bevel VOTE Of SUPERVISORS I HEREBY CERTIFY THAT PHIS IS A TRUE AND CORRECT COPY / OF AN ACTION TAKEN AND I:NTER D ON MINUTES OF THE tom/ BOARD OF SUPERVISORS ON THE DATE SHOWN. UNANIMOUS(ABSENT ) AYI.-:S: NOES: ABSENT: ABSTAIN: Contact: L.DeLancy 5-1097 9CD9 Cc: A7"I'ES"fED p(p( 11�1((JJVV L.DeLancy,CAD's Office JO IN CULLEN.CLERK OF TFIE BOARD OFSUPERVISORS D.Dingman.CD , Ed Diokno,Supv.Glover's Office BY: IQJLViIQ/ DEPUTY r AB 2058—p. 2 April 22, 2008 In 2006, AB 2.449 (Levine), Chapter 845, was enacted, requiring all stores to establish a plastic bag recycling program. The stated goal of this legislation was to increase recycling and to create the infrastructure necessary to collect and recycle plastic bags. That bill also pre-empted local governments from enacting a per-bag fee on plastic bags. Local governments have stated concerns to the pre-emption created by AB 2449, arguing that the fee could be used to discourage bag distribution and fund anti-litter or recycling programs. AB 2058 expands on AB 2449 by establishing recycling benchmarks for stores. This bill allows stores to charge a fee of 15 cents per bag in lieu of demonstrating increased recycling rates. The fees would be used to fund "plastic bag litter reduction, clean up, waste reduction and recycling activities." THIS BILL: 1) On and after July 1, 2011, prohibits a store from providing plastic bags to consumers unless the store demonstrates to CIWMB a 35% increase in bag diversion by 2010 as compared to 2007. Allows exception to this prohibition if the store charges a per bag fee. 2) On and after July 1, 2013, prohibits a store from providing a plastic bag to a customer unless the store demonstrates to CIWMB a 70% increase in bag diversion by 2010 as compared to 2007. Allows exception to this prohibition if the store charges a per bag fee. 3) Authorizes a store to sell plastic bags to customers for no less than 15 cents per bag. 4) Defines "diversion" as a reduction in volume of plastic bags provided to customers and an increase in the volume of plastic bags recycled. Diversion can be calculated per store, for a chain of stores, regionally, or statewide. 5) Extends the sunset date for this Chapter from January 1, 2013 to January 1, 2015. REGISTERED SUPPORT / OPPOSITION: Support Californians Against Waste Department of the Environment, City and County of San Francisco, East Bay Municipal Utility District, Marin County Board of Supervisors, The Northern California Recycling Association Opposition American Chemistry Council, California Coastkeeper Alliance, California Grocers Association, California Retailers Association, Earth Resources Foundation, Green Sangha, Malibu Surfing Association, Surfrider Foundation AMENDED IN ASSEMBLY MARCH 28, 2008 CALIFORNIA LEGISLATURE-2007-o8 REGULAR SESSION ASSEMBLY BILL_ ..._ No. 2058 Introduced by Assembly Member Levine February 19, 2008 An act to amend Seetio- o`er to add Section 42252.5 to, the Public Resources Code, relating to recycling. LEGISLATIVE COUNSEL'S DIGEST AB 2058, as amended, Levine. Recycling: plastic carryout bags. (1) Existing Existing law 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. Existing law'imposes various requirements on at-store recycling programs,including requiring a store to maintain records describing the collection, transport, and recycling of plastic carryout bags collected by the store. This bill would, on and after July l., 2011, prohibit a store from providing plastic carryout bags to customers unless the store demonstrates an increased diversion rate, as defined, of 35% in the number of plastic carryout bags provided by the store during a specified period. The bill would, on and after:luly 1,-2013 2012 prohibit a store from providing plastic carryout bags to customers unless the store demonstrates an increased diversion rate of 70%in the number of plastic carryout bags provided by the store during a specified period. The bill would a eost greatef than or equal to $0.15 per bag as an altemative to demonstrating the inereased divefsion rates. The bill would require a store that is not complying with the diversion rate requirements to sell 98 AB 2058 —2— plastic 2—plastic carryout bags to customers for not less than $0.15 per bag. A store charging customers for plastic carryout bags would be required to demonstrate that any revenue collected, excluding the cost of the bags and a reasonable financial return, is used to fund specified programs. -- (-2) Under exisfiftg law, thi� above pi- 4�etive oftly until This bill would extend the effeetive date of these pro-visions until. jaftary 1, Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. The people of the State of California do enact as follows: 1 SECTION 1. Section 42252.5 is added to the Public Resources 2 Code, to read: 3 42252.5. (a) Except as provided in subdivision (c), on and 4 after. July 1, 2011, a store shall not provide a plastic carryout bag 5 to a customer unless the store demonstrates to the board that, in 6 comparison to the number of plastic carryout bags provided by the 7 store to customers and subjected to diversion in the 2007 calendar 8 year, at least 35 percent more plastic carryout bags provided by 9 the store to customers during the 12-month period ending on 10 December 31, 2010, and annually thereafter,have been subjected 11 to diversion, as described in subdivision(d). 12 (b) Except as provided in subdivision (c), on and after July 1, 13 2044 2012, a store shall not provide aplastic carryout bag to a 14 customer unless the store demonstrates to the board that, in 15 comparison to the number of plastic carryout bags provided by the 16 store to customers and subjected to diversion in the 2007 calendar 17 year, at least 70 percent more plastic carryout bags provided by 18 the store to customers during the 12-month period ending on 19 December 31, 2012 2011, and annually thereafter, have been 20 subjected to diversion, as described in subdivision(d). .21 22 eas .15) per bag. 23 (c) If a store floes not comply with subdivisions (a) and(b), the 24 store may only provide a plastic, carryout bag to a customer if the 25 store charges the customer not less than fifteen cents ($0.15)per 26 bab 98 -3— AS 2058 1 (d) A store charging customers for plastic carryout bags 2 pursuant to subdivision (c) shall demonstrate that any revenue 3 collected, excluding the cost of the plastic carryout bags and a 4 reasonable financial return, shall be used, in consultation with 5 local communities, to fund plastic bag litter reduction, cleanup, 6 waste reduction, and recycling activities. 7 (4) 8 (e) (1) Diversion, for purposes of this section, includes a 9 reduction in the volume of plastic carryout bags provided to 10 . customers and an increase in the volume of plastic carryout bags 11 recycled. 12 (2) All of the following are diversion for purposes of this 13 section: 14 (A.) Diversion of plastic carryout bags provided by an individual 15 store. 16 (E) Diversion of plastic carryout bags provided by a chain of 17 stores under common ownership. 18 (C) Diversion of plastic carryout bags within a city, county, or 19 region. 20 (D) Diversion of plastic carryout bags within the entire state. 21 SEG. 2. Seetion 42257—of the , ublierT'ci3otirees Godo is 22 amended to rea�-. 23 42257. This ehapter shall remaift itt effeet ottly until januafy 24 1, 2015, and as of that date is repealed, unless a later enaeted 25 , deletes or-extends 26 that date. O 98