BILL ANALYSIS
AB 1998
Page 1
Date of Hearing: May 5, 2010
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 1998 (Brownley) - As Amended: April 20, 2010
Policy Committee: Natural
ResourcesVote:6-3
Urgency: No State Mandated Local Program:
No Reimbursable: No
SUMMARY
This bill prohibits a store from distributing single-use bags.
Specifically, this bill:
1)As of January 1, 2012, prohibits a supermarket, larger
pharmacy or convenience store from distributing a single-use
bag made of plastic, paper or other material and requires the
retailer to offer for sale reusable bags.
2)Requires the Department of Recycling and Resource Recovery to:
a) Administer and enforce the provisions of this bill.
b) Determine whether a reusable bag distributed by retailer
contains lead or other heavy metals.
c) Submit a report to the Legislature by January 1, 2015,
on the effectiveness of this bill.
FISCAL EFFECT
1)One-time costs during 2011-12 and 2012-13 of approximately
$1.5 million, equivalent to 21 positions, to prepare
regulations, assist regulated stores, characterize reusable
bags, and develop a program-specific database (Integrated
Waste Management Account (IWMA)).
2)Ongoing cost of approximately $1 million annually, equivalent
to 15 positions, beginning in 2013-14, to provide ongoing
assistance to regulated stores, conduct site inspections and
audits, characterize reusable bags, and maintain database
AB 1998
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(Integrated Waste Management Account (IWMA)).
3)One-time costs of approximately $150,000 in 2013-14 to develop
report to Legislature (IWMA).
COMMENTS
1)Rationale . The sponsor notes that Californians dispose of
billions of plastic bags each year and that these bags-nearly
none of which are recycled-are both a nuisance and a danger.
These bags, the sponsor continues, trash our cities and
contaminate our coasts and oceans, so much so that many parts
of the sea contain more plastic than plankton. Single-use
alternatives to plastic bags present their own problems, the
sponsor claims. Paper bags use forest resources and are
energy intensive to produce and transport. "Compostable"
single-use bags break down only under ideal conditions, but
generally not in landfills and not in the marine environment.
The sponsor contends this bill leads to the most reasonable,
sustainable alternative to single-use plastic bags-widespread
adoption of reusable bags.
2)Background .
a) Oceans of Plastic, Polyethylene Streams . Numerous
studies find the world's oceans are becoming increasingly
polluted, the biggest single source of that pollution is
mainland runoff, and nearly all of this pollution is
plastic. A gyre of trash, thousands of miles wide and
hundreds of feet deep, sits in the Pacific. Another trash
gyre has been discovered in the Atlantic. Recent academic
studies found that, in some parts of the sea, the amount of
plastic suspended in the water outweighs the amount of
plankton by several tons. This growing contamination harms
sea life, which ingests the tiny plastic bits, swallow
large pieces of it whole, or become entangled in it
It is difficult to say how much single-use plastic bags
contribute to this plastic soup; there has yet to be an
academic study identifying in detail the origins of sea
born plastic. But such bags are likely a significant
component. Single-use plastic bags are light and readily
catch the wind. Even when disposed of properly, they fly
off the back of garbage trucks and tumble from landfills.
Rains collect them from streets and gutters, cast them on
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the beaches and sweep them to sea. Those that don't reach
the ocean, or those that simply haven't made it there yet,
litter streets and streambeds. They catch in trees and on
chain link fences. According to the now defunct California
Integrated Waste Management Board, the state's municipal
governments spend tens of millions of dollars each year
collecting the bags.
b) Plastic Bags Restricted Around the World . Responding to
concerns over marine pollution, the nuisance of litter, and
the deadly consequences of flash flooding, numerous
governments around the world require retailers to charge
for single-use plastic bags (Ireland, for example),
restrict their use (Mexico City allows distribution of
biodegradable plastic bags only), or ban them outright
(such as Dhaka, Bangladesh; Mumbai, India; and China). In
California, the cities of San Francisco and Oakland
recently banned the bags.
c) California Addresses Plastic Bags Too, But to Little
Effect. The state has several programs to encourage more
responsible management of waste, including programs for
recycling, toxic waste disposal, and storm water
management. In addition, state law requires cities and
counties to divert 50% of their solid waste from landfills
by 2000. What's more, state law requires supermarkets and
drug stores to establish plastic bag recycling programs.
Nonetheless, California recycles only a small fraction of
the 19 billion plastic bags it uses each year.
3)Are Paper Bags Better ? Paper bags do not present the litter
problem that single-use plastic bags do. Because they are
flat and weighty, they do not blow away as easily as plastic
bags. And, should they enter the marine environment, they
quickly biodegrade. In addition, paper bags are easily
recycled. Production of the bags, however, consumes valuable
timber. The bags are also relatively energy intensive to
produce and to transport. For these reasons, some do not see
single-use paper bags as an ideal substitute for plastic bags.
4)What If I Forget My Bags ? Some express concern that the bill
could impose an undue financial burden on customers who forget
their reusable bags or who cannot afford to buy them. This is
because each reusable bag costs a dollar or more. Such
customers would have no choice but to purchase the relatively
AB 1998
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expensive reusable bags to carry home their groceries, even it
they have purchased reusable bags in the past.
5)Related Legislation .
a) AB 2138 (Chesbro) , also before this committee, prohibits
a food provider from distributing disposable food packaging
(including take-out bags) unless the packaging is
compostable or recyclable.
b) AB 68 (Brownley, 2009) and AB 87 (Davis, 2009) both
sought to place a 25-cent fee on the distribution of
single-use carry-out bags. Both bills were held by this
committee.
c) AB 2058 (Levine, 2007) would have prohibited the free
dispensing of carryout plastic bags by a store to its
customers, unless the store can demonstrate to the CIWMB
that 35% and 70% of the plastic bags it dispensed in 2007
have been diverted from the waste stream by July 1, 2011
and July 1, 2012, respectively. AB 2058 died in Senate
Appropriations.
d) AB 2449 (Levine) - Chapter 845, Statutes of 2006
requires supermarkets and drug stores to establish plastic
bag recycling programs. AB 2449 also pre-empted local
governments from enacting fees on plastic bag use.
6)Support . This bill is supported by numerous environmental
groups and American Federation of State, County and Municipal
Employees (AFSCME), who argue single-use bags pollute our
marine ecosystem, litter our cities, and consume limited
resources, including public funds.
7)Opposition . The bill is opposed by several industry groups
and the California Taxpayers' Association, who contend
single-use bags are affordable, convenient and environmentally
benign when managed properly. Some opponents also argue that
banning these bags will needlessly destroy the jobs of the
Californians who produce them and raise prices on retail
customers.
Analysis Prepared by : Jay Dickenson / APPR. / (916) 319-2081