BILL NUMBER: AB 2058	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 28, 2008

INTRODUCED BY   Assembly Member Levine

                        FEBRUARY 19, 2008

   An act  to amend Section 42257 of, and  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 1, 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 July 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 authorize a store to sell a plastic carryout bag to a customer
at a cost greater than or equal to $0.15 per bag as an alternative to
demonstrating the increased diversion rates.   The bill
would require a store that is not complying with the diversion rate
requirements to sell 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 existing law, the above provisions are effective only
until January 1, 2013.  
   This bill would extend the effective date of those provisions
until January 1, 2015. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 42252.5 is added to the Public Resources Code,
to read:
   42252.5.  (a) Except as provided in subdivision (c), on and after
July 1, 2011, a store shall not provide a plastic carryout bag to a
customer unless the store demonstrates to the board that, in
comparison to the number of plastic carryout bags provided by the
store to customers and subjected to diversion in the 2007 calendar
year, at least 35 percent more plastic carryout bags provided by the
store to customers during the 12-month period ending on December 31,
2010, and annually thereafter, have been subjected to diversion, as
described in subdivision (d).
   (b) Except as provided in subdivision (c), on and after July 1,
 2013   2012  , a store shall not provide a
plastic carryout bag to a customer unless the store demonstrates to
the board that, in comparison to the number of plastic carryout bags
provided by the store to customers and subjected to diversion in the
2007 calendar year, at least 70 percent more plastic carryout bags
provided by the store to customers during the 12-month period ending
on December 31,  2012   2011  , and
annually thereafter, have been subjected to diversion, as described
in subdivision (d). 
   (c) A store may sell a plastic carryout bag to a customer at a
cost greater than or equal to fifteen cents ($0.15) per bag.
 
   (c) If a store does not comply with subdivisions (a) and (b), the
store may only provide a plastic carryout bag to a customer if the
store charges the customer not less than fifteen cents ($0.15) per
bag.  
   (d) A store charging customers for plastic carryout bags pursuant
to subdivision (c) shall demonstrate that any revenue collected,
excluding the cost of the plastic carryout bags and a reasonable
financial return, shall be used, in consultation with local
communities, to fund plastic bag litter reduction, cleanup, waste
reduction, and recycling activities.  
   (d) 
    (e)  (1) Diversion, for purposes of this section,
includes a reduction in the volume of plastic carryout bags provided
to customers and an increase in the volume of plastic carryout bags
recycled.
   (2) All of the following are diversion for purposes of this
section:
   (A) Diversion of plastic carryout bags provided by an individual
store.
   (B) Diversion of plastic carryout bags provided by a chain of
stores under common ownership.
   (C) Diversion of plastic carryout bags within a city, county, or
region.
   (D) Diversion of plastic carryout bags within the entire state.

  SEC. 2.    Section 42257 of the Public Resources
Code is amended to read:
   42257.  This chapter shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.