BILL NUMBER: AB 1998	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 20, 2010
	AMENDED IN ASSEMBLY  APRIL 5, 2010

INTRODUCED BY   Assembly Member Brownley
   (Principal coauthor: Senator Leno)
   (Coauthors: Assembly Members Ammiano, Chesbro,  DeLeon,
  De Leon,  Evans, Feuer, Hill, Bonnie Lowenthal,
Nava, Ruskin, Skinner, Torlakson, and Yamada)
   (Coauthors: Senators DeSaulnier and Pavley)

                        FEBRUARY 17, 2010

   An act to amend Section 42257 of, and to add Chapter 5.3
(commencing with Section 42280) to Part 3 of Division 30 of, the
Public Resources Code, relating to solid waste.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1998, as amended, Brownley. Solid waste: single-use carryout
bags.
   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.
This requirement is repealed on January 1, 2013.
   This bill would  instead make   repeal 
those at-store recycling program requirements  inoperative on
July 1, 2011, would repeal them  on January 1, 2012, and
would instead, on and after January 1, 2012, prohibit a store, as
defined, from providing a single-use carryout bag to a customer.
   The bill would require the department, on or before January 1,
2015, to submit to the Legislature a report regarding the
effectiveness of the bill's provisions and recommendations to further
encourage the use of reusable bags. The requirement for submitting
the report would become inoperative on January 1, 2019.
   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.  The Legislature finds and declares all of the
following:
    (a) The prohibition imposed by this act, pursuant to Section
42281 of the Public Resources Code, is necessary for the
environmental, public health, and societal burdens imposed by
 the use of  single-use plastic carryout bags.
    (b) Despite global treaties to prevent dumping at sea and
minimize land-based sources of pollution, and increasing efforts
worldwide to protect water quality, the quantity of marine debris in
the world's oceans is increasing.
    (c) Despite recycling and voluntary solutions to control
pollution from plastic bags in California, only 5 percent of plastic
carryout bags are recycled and the rest either take up valuable
landfill space or are discarded in the environment.
    (d) The North Pacific Gyre in the Pacific Ocean is home to
 largest garbage dump of plastic trash, now estimated to be
the size   the largest accumulation of plastic
pollution, now estimated to be the size  of the United States
and is increasing rapidly.
    (e) According to the California Coastal Commission, the majority
of marine debris is composed of plastic materials; 60 to 80 percent
overall and 90 percent of floating debris is plastic.
   (f) It is estimated that at least 267 species of wildlife have
been threatened by marine debris through ingestion or entanglement,
including sea turtles, fish, marine mammals, and various species of
sea birds.
    (g) Paper bags made from virgin materials are not 
sustainable   environmentally sound  alternatives
to plastic carryout bags because the production of these types of
bags contributes to deforestation, natural resource depletion,
greenhouse gas emissions, and  additional 
waterborne wastes. 
   (h) Though paper carryout bags that contain no old-growth fiber
and that contain a minimum of 40 percent postconsumer recycled
content are 100-percent recyclable and have fewer negative impacts
than virgin paper bags, paper bags are not sustainable alternatives
to plastic carryout bags, because the 
    (h)     Though recycled content paper
carryout bags are recyclable and have fewer negative impacts than
virgin paper bags, recycled content paper carryout bags are not
environmentally sound alternatives to plastic carryout bags, because
the  production of these types of bags contributes to 
deforestation, greenhouse gas emissions, and additional waterborne
wastes.   greenhouse gas emissions and waterborne
wastes. 
    (i) Plastics made from bio-based sources that are marketed as
"compostable" or "biodegradable" are not  sustainable
  environmentally sound  alternatives to plastic
carryout bags because they have not been shown to degrade in aquatic
environments and require conditions only available in composting
facilities to rapidly break down into constituents that assimilate
back into the environment.  Most Californians lack access to
composting facilities capable of accepting compostable plastic bags.
 
   (j) With the exception of the City and County of San Francisco,
the City of Oakland, and a few other communities, these composting
facilities are not typically available to local jurisdictions and
compostable plastic in communities without commercial composting
would be disposed of as waste.  
    (k) 
    (j)  On September 18, 2006, the West Coast Governor's
Agreement on Ocean Health was signed by Governor Schwarzenegger of
California, Governor Kulongoski of Oregon, and Governor Gregoire of
Washington to address the challenges of the Pacific coast's declining
health and to establish its protection as a regional priority.

    (l) 
    (k)  On February 8, 2007, the California Ocean
Protection Council approved a resolution to call for statewide action
to reduce the amount of land-based sources of marine debris and the
resulting implementation strategy was adopted by the Ocean Protection
Council in November 2008, which called for aggressive actions to
reduce the use of single-use plastic products, including plastic
bags. 
    (m) 
    (l) On World Oceans Day 2009, the Under-Secretary
General and Executive Director of the United Nations Environmental
Programme called for an outright ban or rapid phaseout of thin film
plastic carryout bags worldwide. 
    (n) 
    (m)  In the United States, and in California, many
cities have already enacted bans, or are seriously considering
banning plastic single-use bags. 
   (o) 
    (n)  The Legislature finds and declares that
proliferation of these bans should be of statewide interest and
concern and that the state should take action regulating the use of
plastic and paper single-use bags.
  SEC. 2.  Section 42257 of the Public Resources Code is amended to
read:
   42257.  This chapter shall remain operative only until 
July 1, 2011, and as of January 1, 2012, is repealed, unless a later
  January 1, 2012, and as of that date is repealed,
unless a later  enacted statute, that is enacted before January
1, 2012, deletes or extends that date.
  SEC. 3.  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) "Reusable bag" means a bag that meets both of the following
requirements:
   (1) Is designed and manufactured for at least 100 uses.
   (2) (A) Is made of a washable material that does not contain lead
or any other heavy metal in a toxic amount, as determined by the
department.
   (B) The requirement of subparagraph (A) 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, shall not be
considered as a product category already regulated or subject to
regulation.
   (c) "Single-use carryout bag" means a bag that meets all of the
following conditions:
   (1) Is designed for one or more uses, but fewer than 100 uses.
   (2) Is made of plastic, paper, or other material.
   (3) Is provided by a store to a customer at the point of sale.
   (d) "Store" means a retail establishment that provides single-use
carryout bags to its customers as a result of the sale of a product
and that meets any of the following requirements:
   (1) Meets the definition of a "supermarket" 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.
   (3) Is a convenience food store or foodmart engaged in retailing a
limited line of goods that generally includes milk, bread, soda, and
snacks.

      Article 2.  Carryout Bag Regulation


   42281.  (a) On and after January 1, 2012, a store shall not
provide a single-use carryout bag to a customer at the point of sale.

   (b) A store shall make reusable bags available for purchase by a
customer.

      Article 3.  Report and Administration


   42282.  (a) On or before January 1, 2015, the department shall
submit a report to the Legislature regarding the effectiveness of
this chapter. The report shall also include recommendations to
further encourage the use of reusable bags by consumers and retailers
and to reduce the consumption of single-use carryout bags, including
at a minimum, expanding the definition of stores that are subject to
this chapter to all other stores and retail establishments
distributing single-use bags.
   (b) The requirement for submitting a report imposed under
subdivision (a) is inoperative on January 1, 2019, pursuant to
Section 10231.5 of the Government Code.
   (c) A report to be submitted pursuant to subdivision (a) shall be
submitted in compliance with Section 9895 of the Government Code.
   42283.  The department shall administer and enforce this chapter.