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SB-405 Solid waste: single-use carryout bags.(2013-2014)

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SB405:v97#DOCUMENT

Amended  IN  Senate  May 24, 2013
Amended  IN  Senate  April 02, 2013

CALIFORNIA LEGISLATURE— 2013–2014 REGULAR SESSION

Senate Bill No. 405


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   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.

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   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.