(1) Existing law requires an operator of a store, as defined, to establish an at-store recycling program that provides an opportunity for a customer of the store to return clean plastic carryout bags to that store (at-store recycling program). Existing law requires a plastic carryout bag provided by a store to have printed or displayed on the bag the words “PLEASE RETURN TO A PARTICIPATING STORE FOR RECYCLING.” A local agency or the state is authorized to enforce these provisions by imposing a civil penalty for a violation of these requirements. These provisions are repealed on January 1, 2013.
This bill would delete that repeal date and additionally require each plastic carryout bag provided by the store, on and after July 1, 2009, to have printed or displayed on the bag an environmental awareness message describing the negative impacts on the environment and wildlife caused by littered plastic
carryout bags and encouraging the use of reusable bags. The board would be required by July 1, 2009, to develop that environmental awareness message, in consultation with specified stakeholders.
The bill would prohibit the operator of a store, on and after July
1, 2010, from providing a plastic carryout bag to a customer unless the operator demonstrates that the store has achieved a diversion rate of not less than 30%. The bill would also prohibit the operator of a store, on and after July 1, 2013, from providing a plastic carryout bag to a customer unless the operator demonstrates that the store has achieved a diversion rate of not less than 65%. The bill would specify a formula for determining the diversion rate and would authorize an operator of a store to comply with these diversion requirements by reducing the quantity of plastic carryout bags provided by the store, by increasing the quantity of plastic carryout bags recycled at that store, or by taking any other action to achieve the diversion rate.
The bill would require, on and after July 1, 2009, a person who is provided a plastic carryout bag by a store to pay the store a plastic carryout bag impact fee of $0.25 per bag. A store would be required
to collect the plastic carryout bag impact fee from the customer at the time of sale and would be authorized to retain 3% of the fee as reimbursement for any costs associated with the collection of the fee.
The bill would require the store to remit the remainder of the fee collected to the board on a quarterly schedule for deposit in the California Plastic Carryout Bag Impact Fund, which the bill would create in the State Treasury. The board would be authorized to expend the moneys in the fund, upon appropriation by the Legislature, as reimbursement for the board’s costs of collection, auditing, and making refunds associated with the fund and to make payments to counties and cities for plastic carryout bag litter prevention, plastic carryout bag litter cleanup activities, and source reduction efforts to reduce the use of plastic carryout bags. The bill would specify a procedure for the disbursement of those payments on a per capita basis.
(2) Existing law prohibits a city, county, or other public agency from adopting, implementing, or enforcing an ordinance, resolution, regulation, or rule that, among other things, imposes a plastic carryout bag fee upon a store that has established an at-store recycling provision.
This bill would delete the prohibition on a city, county, or other public agency from imposing a plastic carryout bag fee upon a store.