BILL NUMBER: SB 531	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 16, 2009

INTRODUCED BY   Senator DeSaulnier

                        FEBRUARY 27, 2009

    An act to add and repeal Chapter 5.2 (commencing with
Section 42260) of Part 3 of Division 30 of the Public Resources Code,
relating   An act to amend Section 42253 of the Public
Resources Code, relating  to solid waste.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 531, as amended, DeSaulnier. Solid waste:  single-use
carryout bags.   at-store recycling program.  
   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.
Under existing law, the California Integrated Waste Management Board
administers laws related to waste management.  
   Existing law requires that the manufacturer of plastic carryout
bags develop educational materials to encourage the reducing,
reusing, and recycling of plastic bags and make those materials
available to stores required to comply with the program.  
   This bill would require that in developing the educational
materials for use on and after July 1, 2011, the manufacturer to
consult with specified entities. The bill would authorize the board
to modify, and require the board to approve those educational
materials. The bill would also set minimum requirements for
information to be included in the educational materials, including,
but not limited to, information regarding the requirements for
compliance with the program, an Internet Web site with a training
program for store personnel and customers on implementing the
program, and materials and resources for stores for education of
consumers at point of sale.  
   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.
Under existing law, the California Integrated Waste Management Board
(board) administers laws related to waste management. 

   This bill would establish the Single-use Carryout Bag
Responsibility Act and would require, on and after July 1, 2011, the
suppliers, as defined, of plastic or paper single-use carryout bags
to remit a Single-use Carryout Bag Responsibility Fee of $0.001, to
the State Board of Equalization, for each paper or plastic single-use
carryout bag supplied directly to a store. The State Board of
Equalization would be required to deposit the fee into the Single-use
Carryout Bag Responsibility Fund that would be established in the
State Treasury.  
   The bill would require the board to administer and enforce the
provisions of the act, excluding the administration and collection of
the fees which would be done by the State Board of Equalization. On
or before January 1, 2013, the board would be required to submit a
report to the Legislature evaluating the effectiveness of this
chapter.  
   The bill would require the moneys in the fund to be expended, upon
appropriation, by the Legislature for the Single-Use Carryout Bag
Litter Abatement Program under which grant awards would be allocated
to specified entities for the purpose of abating and cleaning up
single-use carryout bags that become litter and encouraging the
proper disposal and collection of single-use carryout bags, and by
the board for implementation of the program and for administrative
costs not to exceed 5% of the funds made available annually for the
program or an amount otherwise specified in the annual Budget Act.
 
   The act would be repealed as of January 1, 2018. 

   The bill would authorize the board to develop a voluntary best
practices program. 
   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 42253 of the   Public
Resources Code   is amended to read: 
   42253.   (a)    The manufacturer of a plastic
carryout bag shall develop educational materials to encourage the
reducing, reusing, and recycling  of  plastic bags and shall
make those materials available to stores required to comply with
this chapter. 
   (b) In developing the educational materials for use on and after
July 1, 2011, the manufacturer shall consult with the board, the
League of California Cities, the California State Association of
Counties, private and public waste services, and stores.  
   (c) The educational materials may be modified by the board and
shall be approved by the board by January 1, 2011.  
   (d) The educational materials shall include, but are not limited
to, the following information:  
   (1) The requirements for compliance with this chapter.  
   (2) Use of reusable bags, including monetary credits to the
consumer for the use of reusable bags.  
   (3) Limits on the need for the use of plastic carryout bags and
the number of plastic carryout bags.  
   (4) Maximum item count and weight capacity of plastic carryout
bags and reusable bags.  
   (5) Estimated costs of the manufacture, use, environmental
impacts, and disposal of plastic carryout bags.  
   (6) An Internet Web site with an online training program for store
personnel and customers on implementing this chapter.  
   (7) Materials and resources for stores for the education of
consumers at the point of sale, including signage and other
educational methods.  All matter omitted in this version of the
bill appears in the bill as introduced in the Senate, February 27,
2009 (JR11)