BILL NUMBER: AB 2449	CHAPTERED
	BILL TEXT

	CHAPTER  845
	FILED WITH SECRETARY OF STATE  SEPTEMBER 30, 2006
	APPROVED BY GOVERNOR  SEPTEMBER 30, 2006
	PASSED THE ASSEMBLY  AUGUST 30, 2006
	PASSED THE SENATE  AUGUST 29, 2006
	AMENDED IN SENATE  AUGUST 28, 2006
	AMENDED IN SENATE  AUGUST 7, 2006
	AMENDED IN SENATE  JUNE 14, 2006
	AMENDED IN ASSEMBLY  MAY 3, 2006
	AMENDED IN ASSEMBLY  APRIL 6, 2006

INTRODUCED BY   Assembly Member Levine

                        FEBRUARY 23, 2006

   An act to add and repeal Chapter 5.1 (commencing with Section
42250) to Part 3 of Division 30 of the Public Resources Code,
relating to recycling.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2449, Levine  Recycling: plastic carryout bags.
   The California Integrated Waste Management Act of 1989 establishes
an integrated waste management program and establishes requirements
for the recycling and reuse of various products, including metallic
discards, compost, plastic packaging containers, and newsprint.
Existing law requires every manufacturer that manufactures specified
plastic trash bags to ensure that at least 10% of the weight of the
regulated bags, or that at least 30% of the weight of the material
used, in all of its plastic products intended for sale in this state
is recycled plastic postconsumer material.
   This bill would require the 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. The bill would require a plastic carryout bag provided by
a store to have specified information printed or displayed on the
bag, and would require the placement of a plastic carryout bag
collection bin in each store that is visible and easily accessible to
the consumer. The bill would also require the operator of a store to
make reusable bags, as defined, available to customers, for
purchase.
   The bill would require a manufacturer of plastic carryout bags to
develop educational materials to encourage the reducing, reusing, and
recycling of plastic carryout bags and to make the materials
available to stores, as specified.
   The bill would declare that certain matters regarding plastic
carryout bags are matters of statewide interest and concern. The bill
would prohibit a city, county, or other public agency from adopting,
implementing, or enforcing an ordinance, resolution, regulation, or
rule that requires a store to collect, transport, or recycle plastic
carryout bags or conduct additional auditing or reporting, or
imposing a plastic carryout bag fee upon a store, except as
specified.
   The bill would authorize a city, county, or the state to impose
civil liability, in specified amounts, and would require any civil
penalties collected to be paid to the office of the city attorney,
city prosecutor, district attorney, or Attorney General, whichever
office brought the action. The bill would authorize any penalties
collected by the Attorney General to be expended by the Attorney
General, upon appropriation by the Legislature, to enforce the bill's
requirements.
   The bill's provisions would become operative on July 1, 2007.
   The bill's requirements would be repealed on January 1, 2013,
unless a later enacted statute deletes or extends that date.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  (a) The Legislature finds and declares all of the
following:
   (1) On a global level, the production of plastic bags has
significant environmental impacts each year, including the use of
over 12 million barrels of oil, and the deaths of thousands of marine
animals through ingestion and entanglement.
   (2) Each year, an estimated 500 billion to 1 trillion plastic bags
are used worldwide, which is over one million bags per minute, and
of which billions of bags end up as litter each year.
   (3) Most plastic carryout bags do not biodegrade which means that
the bags break down into smaller and smaller toxic bits that
contaminate soil and waterways and enter into the food web when
animals accidentally ingest those materials.
   (b) It is the intent of the Legislature, in enacting Chapter 5.1
(commencing with Section 42250) Part 3 of Division 30 of the Public
Resources Code, to encourage the use of reusable bags by consumers
and retailers and to reduce the consumption of single-use bags.
  SEC. 2.  Chapter 5.1 (commencing with Section 42250) is added to
Part 3 of Division 30 of the Public Resources Code, to read:
      CHAPTER 5.1.  At-Store Recycling Program

   42250.  For purposes of this chapter, the following definitions
shall apply:
   (a) "Manufacturer" means the producer of a plastic carryout bag
sold to a store.
   (b) "Operator" means a person in control of, or having daily
responsibility for, the daily operation of a store, which may
include, but is not limited to, the owner of the store.
   (c) "Plastic carryout bag" means a plastic carryout bag provided
by a store to a customer at the point of sale.
   (d) "Reusable bag" means either of the following:
   (1) A bag made of cloth or other machine washable fabric that has
handles.
   (2) A durable plastic bag with handles that is at least 2.25 mils
thick and is specifically designed and manufactured for multiple
reuse.
   (e) "Store" means a retail establishment that provides plastic
carryout bags to its customers as a result of the sale of a product
and that meets either of the following requirements:
   (1) Meet the definition of a "supermarket" as found in Section
14526.5.
   (2) Has over 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.
   42251.  (a) The operator of a store shall establish an at-store
recycling program pursuant to this chapter that provides an
opportunity for a customer of the store to return to the store clean
plastic carryout bags.
   (b) A retail establishment that does not meet the definition of a
store, as specified in Section 42250, and that provides plastic
carryout bags to customers at the point of sale may also adopt an
at-store recycling program, as specified in this chapter.
   42252.  An at-store recycling program provided by the operator of
a store shall include all of the following:
   (a) A plastic carryout bag provided by the store shall have
printed or displayed on the bag, in a manner visible to a consumer,
the words "PLEASE RETURN TO A PARTICIPATING STORE FOR RECYCLING."
   (b) A plastic carryout bag collection bin shall be placed at each
store and shall be visible, easily accessible to the consumer, and
clearly marked that the collection bin is available for the purpose
of collecting and recycling plastic carryout bags.
   (c) All plastic bags collected by the store shall be collected,
transported, and recycled in a manner that does not conflict with the
local jurisdiction's source reduction and recycling element,
pursuant to Chapter 2 (commencing with Section 41000) and Chapter 3
(commencing with Section 41300) of Part 2.
   (d) The store shall maintain records describing the collection,
transport, and recycling of plastic bags collected for a minimum of
three years and shall make the records available to the board or the
local jurisdiction, upon request, to demonstrate compliance with this
chapter.
   (e) The operator of the store shall make reusable bags available
to customers within the store, which may be purchased and used in
lieu of using a plastic carryout bag or paper bag. This subdivision
is not applicable to a retail establishment specified pursuant to
subdivision (b) of Section 42251.
   42253.  The manufacturer of a plastic carryout bag shall develop
educational materials to encourage the reducing, reusing, and
recycling plastic bags and shall make those materials available to
stores required to comply with this chapter.
   42254.  (a) The Legislature finds and declares that all of these
are matters of statewide interest and concern:
   (1) Requiring a store to collect, transport, or recycle plastic
carryout bags.
   (2) Imposing a plastic carryout bag fee upon a store.
   (3) Requiring a store to conduct auditing or reporting with regard
to plastic carryout bags.
   (b) Unless expressly authorized by this chapter, a city, county,
or other public agency shall not adopt, implement, or enforce an
ordinance, resolution, regulation, or rule to do any of the
following:
   (1) Require a store that is in compliance with this chapter to
collect, transport, or recycle plastic carryout bags.
   (2) Impose a plastic carryout bag fee upon a store that is in
compliance with this chapter.
   (3) Require auditing or reporting requirements that are in
addition to what is required by subdivision (d) of Section 42252,
upon a store that is in compliance with this chapter.
   (c) This section does not prohibit the adoption, implementation,
or enforcement of any local ordinance, resolution, regulation, or
rule governing curbside or drop off recycling programs operated by,
or pursuant to a contract with, a city, county, or other public
agency, including any action relating to fees for these programs.
   (d) This section does not affect any contract, franchise, permit,
license, or other arrangement regarding the collection or recycling
of solid waste or household hazardous waste.
   42255.  (a) A city, 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 violation.
   (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.
   42256.  This chapter shall become operative on July 1, 2007.
   42257.  This chapter shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.