BILL NUMBER: AB 1998	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 27, 2010
	AMENDED IN SENATE  JULY 15, 2010
	AMENDED IN ASSEMBLY  MAY 28, 2010
	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, De Leon, Evans,
Feuer, Hill, Bonnie Lowenthal, Nava,  John A. Perez, 
Ruskin, Skinner, Torlakson, and Yamada)
   (Coauthors: Senators DeSaulnier, Hancock, Liu, Lowenthal, 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,  and to repeal Sections 42254 and 42285 of,  the Public
Resources Code, relating to solid waste  , and making an
appropriation therefor  .


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1998, as amended, Brownley. Solid waste: single-use carryout
bags. 
   Existing 
    (1)     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 This requirement is repealed on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.  Existing law prohibits a city, county, or other
local public agency from taking specified regulatory actions with
regard to the recycling of plastic carryout bags. 
   This bill would repeal those at-store recycling program
requirements on January 1, 2012, and would  instead, on and
after January 1, 2012, prohibit certain types of stores, as defined,
from   repeal, on January 1, 2011, the provision
preempting local regulatory action. The bill would, as of January 1,
2012, prohibit store   s that have a specified amount of
sales or retail floor space from  providing a single-use
carryout bag to a customer.  The bill would, on and after
July 1, 2013, prohibit convenience food stores, foodmarts, and
certain specified stores from providing a single-use carryout bag to
a customer.  The bill would require  both types of
  these  stores  , as of January 1, 2011
 ,  from January 1, 2012, until June 30, 2013, to
provide a specified type of reusable bag and after July 1, 2013,
 to  make   only provide  reusable
bags  that meet certain criteria. The bill would require these
stores to make reusable bags  available for purchase 
and would allow certain stores to provide reusable bags to customers
at no cost  .  The bill would require a store, on
and after July 1, 2013, to only provide reusable bags, as defined,
and   The bill would allow a store, on and after January
1, 2013, to provide reusable bags to customers at no cost only when
combined with a time limited store promotional program. The bill also
 would  require   authorize  a store,
as of January 1, 2011, to  make available for sale 
 provide  recycled paper bags  at a reasonable
cost, but not less than $0.05. The bill would exempt the sale of
specified bags by certain stores from the above prohibition and
requirements. The  , but would require the store to
charge the consumer, on and after January 1, 2012, the actual average
cost of the recycled paper bag.  
   The bill would require these stores, on and after January 1, 2012,
to provide a plastic collection bin for its customers, for the
purpose of collecting and recycling single-use plastic bags and
reusable bags. 
    The bill would, on and after July 1, 2013, additionally
impose th   e   se prohibitions   and
requirements   on convenience food stores, foodmarts, and
certain other specified stores. 
    The  bill would, beginning January 1, 2013, require a
reusable  grocery  bag  manufacturer  
producer  to  obtain a biennial certification from
  submit to  the Department of Resources Recycling
and Recovery  by submitting   a biennial
certification, including  a certification fee  and a
certification that its   established by the department
  , that certifies   that each type of 
reusable  grocery  bag  that is   imported,
manufactured, sold or distributed   in the state and
provided   to a store   for sale or distribution
 meets specified requirements.  The bill would specify
administrative civil penalties for a person that violates the above
requirements.  The bill would require the department to
deposit the certification fees into the Reusable Bag Account, which
would be established by the bill in the Integrated Waste Management
Fund  , and to deposit the penalties and fines collected into
the Penalty Subaccount, which would be established by the bill in
the account  . The bill would  provide 
 require  that moneys in the account and the
subaccount  be expended by the department, upon
appropriation by the Legislature, to implement the  above
  certification  requirements.  A violation of
these certification requirements would be subject to an
administrative civil penalty assessed by the department. The
department would be required to deposit these penalties into the
Penalty Suba   ccount, which the bill would create in the
Reusable Bag   Account, for expenditure by the department,
upon appropriation by the Legislature, to implement the certification
requirements.  
   The bill would require the department, by January 1, 2015, 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, 2016. 
   This bill would, as of January 1, 2011, preempt local regulations
on the use and sales of reusable bags, single-use carryout bags,
recycled paper bags, or other specified bags at stores, as defined.

   The bill would allow a city, county, city and county or the state
to impose civil penalties for a violation of the bill's requirements,
except for the certification 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.
 
   (2) The California Integrated Waste Management Act of 1989 creates
the Recycling Market Development Revolving Loan Subaccount in the
Integrated Waste Management Account and continuously appropriates the
funds deposited in the subaccount to the department for making loans
for the purposes of the Recycling Market Development Revolving Loan
Program. Existing law makes the provisions regarding the loan
program, the creation of the subaccount, and expenditures therefrom
inoperative on July 1, 2011, and repeals them as of January 1, 2012.
 
   This bill would appropriate $2,000,000 from the Recycling Market
Development Revolving Loan Subaccount in the Integrated Waste
Management Account to the department for the purposes of providing
loans and grants for the creation and retention of jobs and economic
activity in the manufacture and recycling of plastic bags that use
recycled content. 
   Vote: majority. Appropriation:  no   yes
 . Fiscal committee: yes. State-mandated local program: no.


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

   SECTION 1.    Section 42254 of the   Public
Resources Code   is repealed.  
   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.  
  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 to reduce the
environmental, public health, economic, and societal costs resulting
from the production, use, and discard of single-use plastic carryout
bags.
   (b) Despite local and state efforts to minimize land-based sources
of pollution, and increasing efforts worldwide to protect water
quality, the quantity of plastic pollution in the world's aquatic
environments is increasing.
   (c) Recycled content paper carryout bags, while not without their
impacts, when made with 40 percent or more postconsumer content, are
a high value recyclable collected in every curbside and community
recycling program in California.
    (d) Plastics made from bio-based sources that are marketed as
"compostable" or "biodegradable" are not 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.
    (e) 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.
    (f) 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.
   (g) In the United States, and in California, many cities have
already introduced or enacted bans on single-use carryout bags
creating a patchwork of rules and regulations governing the use and
disposal of these bags.
   (h) The Legislature finds and declares that environmental and
economic costs posed by single-use bags are of statewide interest and
concern and that the state should take action to substantially
reduce the use of plastic and other single-use bags. 
  SEC. 2.  Section 42257 of the Public Resources Code is amended to
read:
   42257.  This chapter shall remain in effect only until 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) "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) Contains a minimum of 40 percent postconsumer recycled
content.
   (2) Is accepted for recycling in curbside programs in a majority
of households that have access to curbside recycling programs in the
state.
   (3) Is capable of composting, consistent with the timeline and
specifications of the American Society of Testing and Materials
(ASTM) Standard Specification for Compostable Plastics D6400, as
published in September 2004.
   (4) Has printed on the bag the name of the manufacturer, the
location (country) where the bag was manufactured, and the percentage
of postconsumer content.
   (c)  (1) Until a standard is established and enforceable by the
department, "reusable bag" means a bag that meets both of the
following requirements:
   (A) Is designed and manufactured for at least 100 uses.
   (B) (i) 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.
   (ii) The requirements of clause (i) 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.
   (2) By January 1, 2013, the department shall establish standards
in regulations that define "reusable bag," using the standards
specified in paragraph (1), and any additional durability, material
content, or labeling requirements. Labeling requirements shall, at a
minimum, require reusable bags to be imprinted, in a manner
sufficient to be identifiable and readable, with both of the
following:
   (A) The name of the reusable bag producer.
   (B) The reusable bag seal or logo, as determined by the
department, showing compliance with the minimum standards.
   (d) "Reusable bag producer" means either of the following:
   (1) A person or entity that manufactures a reusable bag.
   (2) A person or entity that initially sells or offers for sale or
distribution a reusable bag in California.
   (e) (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 reusable bag, as defined in
subdivision (c).
   (2) A single-use carryout bag does not include either of the
following:
   (A) A bag provided by a pharmacy to a customer purchasing
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 bag.
   (f) "Store" means a retail establishment 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, foodmart, or other entity engaged
in the retail sale of a limited line of goods that generally
includes milk, bread, soda, and snack foods with a Type 20 or 21
license issued by the Department of Alcoholic Beverage Control.
 

      Article 2.  Carryout Bag Regulation


   42281.  (a) (1) On and after January 1, 2012, a store, as defined
in paragraph (1) or (2) of subdivision (f) of Section 42280, shall
not provide a single-use carryout bag to a customer at the point of
sale.
   (2) On and after July 1, 2013, a store, as defined in paragraph
(1) or (2) of subdivision (f) of Section 42280, shall only provide
reusable bags, as defined by subdivision (c) of Section 42280, that
meet the requirements of this chapter and standards established by
the department.
   (b) A store shall make reusable bags available for purchase by a
customer. A store, as defined in paragraph (1) or (2) of subdivision
(f) of Section 42280, may provide reusable bags to customers at no
cost.
   (c) Notwithstanding any other law, a store may 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 with a reusable bag or a recycled paper bag at no
cost.
   (d) Notwithstanding the requirements of subdivision (a), a store
shall make available for sale to a consumer at the point of sale a
recycled paper bag at a reasonable cost, but not less than five cents
($0.05), except as provided in subdivision (c).
   (e) Notwithstanding subdivision (a), because the City and County
of San Francisco provides residents with curbside collection of
foodwaste for composting, and has encouraged stores to stock
compostable plastic bags to facilitate participation in that program,
a store in the City and County of San Francisco may sell to a
consumer at the point of sale a compostable plastic bag meeting the
American Society for Testing and Materials (ASTM) Standard
Specification for Compostable Plastics D6400, as published in
September 2004, at a cost not less than five cents ($0.05).
   42282.  Beginning July 1, 2013, a store as defined in paragraph
(3) of subdivision (f) of Section 42280 shall comply with the
provisions of this article.
   42283.  (a) On or after January 1, 2013, and on or before January
1 every two years thereafter, a reusable bag producer that sells,
distributes, or makes a reusable bag available to a store in
California, shall submit a certification to the department that each
reusable bag meets the requirements of subdivision (c) of Section
42280 and associated standards issued by the department.
   (b) A reusable bag producer shall submit a fee to the department
with each certification pursuant to Section 42284.
   (c) The department shall provide a system to submit certifications
online.
   (d) The department shall publish a list on its Internet Web site
that includes:
   (1) The name, location, and appropriate contact information of a
reusable bag producer in compliance with this chapter.
   (2) The reusable bag product or products in compliance with this
chapter.
   42284.  (a) The fee for the initial certification of a reusable
bag producer, as defined in subdivision (d) of Section 42280, shall
not exceed ten thousand dollars ($10,000) per reusable bag producer,
as determined by the department. In establishing the initial fee,
consideration by the department shall include, but not be limited to,
if provided by a reusable bag producer, the annual sales revenue of
a participating reusable bag producer, the number of employees of the
participating reusable bag producer, and the number of reusable bag
products to be submitted for certification by the participating
reusable bag producer.
   (b) The fee for biennial certification thereafter shall be two
thousand dollars ($2,000). The department may adjust the biennial
certification fee, not to exceed three thousand dollars ($3,000) per
certification, if the department determines that additional fees are
necessary to support implementation of this chapter. Notification of
any fee increases shall be provided to certified producers and posted
on the department's Internet Web site 60 days in advance of the fee
increase.
   (c) The fees in this section shall not exceed the amount necessary
to cover the department's reasonable costs associated with the
implementation of this chapter.
   42285.  (a) The department may inspect and audit any entity
subject to this chapter.
   (b) On or after July 1, 2013, the department may test any reusable
bag manufactured by a reusable bag producer and provided to a store
for sale or distribution for compliance with this chapter and
associated regulations.
   (c) The department may enter into an agreement with other state
entities that conduct inspections to provide necessary enforcement of
this chapter.
   42286.  (a) Any violation of Section 42281 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.
Subsequent violations may be increased by up to five hundred dollars
($500) per violation, not to exceed five thousand dollars ($5,000)
per violation.
   (b) Any violation of Section 42283, or any submission of false or
misleading information to the department, shall be subject to an
administrative civil penalty assessed by the department of up to
fifty thousand dollars ($50,000) per violation, not to exceed an
annual total of one hundred fifty thousand dollars ($150,000).
   (c) The department shall publish a list on its Internet Web site
of any fines or penalties that have been levied against a violator of
this section for failure to comply with the requirements of this
chapter.
   42287.  (a) The department shall deposit all certification fees
paid pursuant to this article into the Reusable Bag Account, which is
hereby created in the Integrated Waste Management Fund in the State
Treasury. The moneys deposited 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 chapter.
   (b) The department shall deposit all penalties and fines collected
pursuant to this article into the Penalty Subaccount, which is
hereby created in the Reusable Bag Account, and shall be expended by
the department, upon appropriation by the Legislature, to assist the
department with its costs of implementing this chapter.
   42288.  The department may adopt regulations that are reasonable
and necessary to implement this chapter.  

      Article 3.  Preemption


   42289.  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 bags,
single-use carryout bags, recycled paper bags, or any other bag
referred to in this chapter. No city, county, or other local public
agency may enforce or implement any existing or new ordinance,
resolution, regulation, or rule on any store as defined by this
chapter relating to reusable bags, single-use carryout bags, recycled
paper bags, or any other bag referred to in this chapter unless
expressly authorized by this division.  
   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), the paper carryout
bag 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) Is capable of composting, consistent with the timeline and
specifications of the American Society of Testing and Materials
(ASTM) Standard Specification for Compostable Plastics D6400, as
published in September 2004.
   (4) Has printed on the bag the name of the manufacturer, the
location (country) where the bag was manufactured, and the minimum
percentage of postconsumer content.
   (d) (1) "Reusable grocery bag" on or before June 30, 2013, means
either of the following:
   (A) A bag made of cloth or other machine washable fabric that has
handles.
   (B) A durable plastic bag with handles that is at least 2.25 mills
thick and specifically designed for multiple reuses.
   (2) "Reusable grocery bag" on and after July 1, 2013, means a bag
that meets the requirements of Section 42287.
   (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 reusable grocery bag that
meets the requirements of Section 42287.
   (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 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 which sells a line
of dry grocery, canned goods, or nonfood items and some perishable
items.
   (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, foodmart, or other entity engaged
in the retail sale of a limited line of goods that generally
includes milk, bread, soda, and snack foods with a Type 20 or 21
license issued by the Department of Alcoholic Beverage Control. 


      Article 2.  Carryout Bag Regulation


   42281.  (a) Except as provided in Section 42282, the requirements
of this section apply only to a store, as defined in paragraph (1) or
(2) of subdivision (f) of Section 42280.
   (b) (1) On and after January 1, 2012, a store shall not provide a
single-use carryout bag to a customer at the point of sale, except as
provided in this section.
   (2) On January 1, 2012, until June 30, 2013, a store shall only
provide to a customer a reusable grocery bag, as defined in paragraph
(1) of subdivision (d) of Section 42280.
   (3) On and after July 1, 2013, a store shall only provide to a
customer a reusable grocery bag, as defined in paragraph (2) of
subdivision (d) of Section 42280, that meets the requirements of
Section 42287.
   (c) (1)  A store shall make reusable bags available for purchase
by a customer.
   (2) (A) A store may provide reusable bags to customers at no cost,
until December 31, 2012.
   (B) On and after January 1, 2013, a store may provide reusable
bags to customers at no cost only when combined with a time-limited
store promotional program.
   (d) Notwithstanding any other law, on and after July 1, 2013, 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 bag or a recycled
paper bag at no cost at the point of sale.
   (e) Notwithstanding subdivision (b), a store may provide to a
customer at the point of sale a recycled paper bag in accordance with
paragraph (4) of subdivision (f), except as provided in subdivision
(d).
   (f) (1) The Legislature finds that the current hidden cost of
single use plastic and paper bags to consumers, in the form of higher
grocery costs, exceeds four hundred million dollars ($400,000,000)
annually.
   (2) The Legislature finds that this existing and unnecessary
consumer cost can be significantly reduced by encouraging both stores
and consumers to reduce and reuse shopping bags.
   (3) The Legislature finds that the current practice of hiding the
cost of single-use bags results in consumers who currently bring
their own bags having to subsidize costs for those consumers that
accept single use bags.
   (4) On and after January 1, 2012, if a consumer requests an
available recycled paper bag pursuant to this section, then the store
shall charge the consumer, except as provided in subdivision (d),
the actual average cost of the recycled paper bag provided to the
consumer, rounded to the nearest penny.
   (g) Notwithstanding subdivision (b), a retailer may sell to a
consumer 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, as published in
September 2004, at a cost not less than the actual cost of the bags,
if both of the following requirements are met in the jurisdiction
where the compostable bag is sold:
   (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 retailers 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.
   42282.  On and after July 1, 2013, a store as defined in paragraph
(3) of subdivision (g) of Section 42280, shall comply with the same
requirements of this article that are imposed upon a store, as
defined in paragraph (1) or (2) of subdivision (f) of Section 42880.
 

      Article 3.  Plastic Bag Collection and Reporting Requirements


   42283.  (a) (1) On and after January 1, 2012, a store, as defined
in paragraph (1) and (2) of subdivision (g) of Section 42280 shall
place a plastic bag collection bin at the store in a manner that is
visible and easily accessible to the customer, and that is clearly
marked to notify customers that the collection bin is available for
the purpose of collection and recycling of plastic single-use
carryout bags and plastic reusable bags.
   (2) The requirement of this subdivision shall apply to a store
notwithstanding that the store is prohibited from providing
single-use carryout bags to its customers.
   (b) 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.
   42285.  (a) On or before January 1, 2015, 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 bags
by customers and retailers.
   (3) An evaluation of the requirements for reusable bags specified
in Section 42287.
   (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, 2016.  

      Article 4.  Reusable Grocery Bags


   42287.  (a) On and after July 1, 2013, a reusable grocery bag
shall meet all of the following requirements:
   (1) (A) Be designed and manufactured to withstand, at a minimum,
100 uses.
   (B) For purposes of this paragraph, "uses" means the capability of
carrying a minimum of 22 pounds 100 times over a distance of at
least 175 feet.
   (2) Be 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 location (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) It shall 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) If the reusable grocery bag makes a claim that it is
recyclable, the producer shall demonstrate compliance with the
regulations adopted by the Federal Trade Commission.
   (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, 2014, 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 100 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) (1) If a plastic reusable grocery bag producer is unable to
obtain sufficient amounts of postconsumer recycled material to comply
with this article within a reporting period because of
unavailability, the producer shall demonstrate to the department the
actions taken by that plastic reusable grocery bag producer to find
that postconsumer recycled material.
   (2) A plastic reusable grocery bag producer making the
demonstration in paragraph (1) shall make a reasonable effort to
identify available supplies of postconsumer recycled material before
submitting a certification containing this information to the
department pursuant to Section 42288.
   (3) A plastic reusable grocery bag 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.
   42288.  (a) On or before January 1, 2013, and on January 1 every
two years thereafter on a schedule and in a manner determined by the
department, a reusable grocery bag producer shall submit a
certification to the department 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 that meets the
requirements of Section 42287.
   (b) A reusable grocery bag producer shall submit a fee, as
established pursuant to subdivision (e), to the department with each
certification submitted.
   (c) The department shall provide a system to submit certifications
online.
   (d) On and after July 1, 2013, the department shall publish a list
on its Internet Web site that includes both of the following:
   (1) The name, location, and appropriate contact information of a
reusable grocery bag producer that is in compliance with this
article.
   (2) The reusable grocery bags that are in compliance with this
article.
   (e) The department shall establish a certification fee schedule
that will generate fee revenues sufficient to cover all of the
department's costs to enforce this article. Fee revenues shall not
exceed the amount necessary to cover the department's reasonable
costs to enforce this article.
   (f) The department may inspect and audit a reusable bag producer
subject to this article with all costs associated with the audit
being paid for by the reusable grocery bag producer.
   (g) The department may test any reusable bag manufactured by a
reusable bag producer and provided to a store for sale or
distribution for compliance with this article and the regulations
adopted pursuant to this article.
   (h) The department may enter into an agreement with other state
entities that conduct inspections to provide necessary enforcement of
this article.
   (i) Notwithstanding Section 42993, any 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.
   (j) The department shall deposit all certification fees paid
pursuant to this article into the Reusable Bag Account, which is
hereby created in the Integrated Waste Management Fund in the State
Treasury. The moneys deposited 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.
   (k) The department shall deposit all penalties collected pursuant
to subdivision (i) for a violation of this article into the Penalty
Subaccount, which is hereby created in the Reusable Bag Account, and
shall be expended by the department, upon appropriation by the
Legislature, to assist the department with its costs of implementing
this article.  

      Article 5.  Financial Provisions


   42290.  (a) Notwithstanding Section 42023.2, the sum of two
million dollars ($2,000,000) is hereby appropriated from the
Recycling Market Development Revolving Loan Subaccount in the
Integrated Waste Management Account to the department for the
purposes of providing loans and grants for the creation and retention
of jobs and economic activity in the manufacture and recycling of
plastic bags that use recycled content, including postconsumer
recycled material.
   (b) The department shall expend the funds appropriated pursuant to
this section to provide loans and grants for any of the following:
   (1) Development and conversion of machinery and facilities for the
manufacture of single-use plastic bags into machinery and facilities
for the manufacturer of durable reusable bags that, at a minimum,
meet the requirements of Section 42287.
   (2) Development of equipment for the manufacture of reusable bags,
that, at a minimum, meet the requirements of Section 42287.
   (3) Development of equipment for the processing of postconsumer
plastic bags and film into a recycled material suitable for use in
the manufacture of new reusable bags that, at a minimum, meet the
requirements of Section 42287.  

      Article 6.  Preemption


   42292.  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 bags,
single-use carryout bags, recycled paper bags, or any other bag
referred to in this chapter. A city, county, city and county, or
other local public agency shall not enforce or implement against any
store, as defined by this chapter, any existing or new ordinance,
resolution, regulation, or rule relating to reusable bags, single-use
carryout bags, recycled paper bags, or any other bag referred to in
this chapter unless expressly authorized by this division.  


      Article 7.  Enforcement


   42293.  (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) This section does not apply to a violation of Article 4
(commencing with Section 42287).