BILL ANALYSIS SB 531 SENATE COMMITTEE ON ENVIRONMENTAL QUALITY Senator S. Joseph Simitian, Chairman 2009-2010 Regular Session BILL NO: SB 531 AUTHOR: DeSaulnier AMENDED: April 16, 2009 FISCAL: Yes HEARING DATE: April 27, 2009 URGENCY: No CONSULTANT: Randy Pestor SUBJECT : CARRYOUT BAGS SUMMARY : Existing law , under the At-Store Recycling Program Law, requires a plastic carryout bag manufacturer to develop educational materials to encourage reducing, reusing, and recycling of plastic bags and requires those materials to be made available to stores required to comply with the Law. This bill revises the Law's education requirements to: 1) Require the manufacturer, in developing educational materials for use on and after July 1, 2011, to consult with certain entities. The materials may be modified by the California Integrated Waste Management Board (CIWMB), and must be approved by the CIWMB by January 1, 2011. 2) Require the educational materials to include, but not be limited to, certain information (e.g., use of reusable bags, limits on the need for use of carryout bags, maximum item count and weight capacity of carryout bags and reusable bags, Internet website with online training program, materials and resources to stores for education of consumers at point of sale). COMMENTS : 1) Purpose of Bill . AB 2449 (Levine) Chapter 845, Statutes of 2006, requires a store operator to establish an at-store recycling program that provides an opportunity for a customer to return plastic carryout bags; requires a specified notice on the bags; requires a bin at the store SB 531 Page 2 for collecting bags; requires the bags to be collected, transported, and recycled in a manner that does not conflict with the local source reduction and recycling element; requires certain records; requires the reusable bags to be made available within the store for purchase; requires plastic carryout bag manufacturers to develop educational materials on certain matters; and authorizes a city, county, or the state to impose specified penalties for violations of the Law. SB 531 is sponsored by Californians for Extended Product Responsibility. Due to concern over the lack of specificity for the manufacturer education program required under current law, SB 531 provides for involvement of certain entities in developing an education program for use on and after July 1, 2011, and describes information that must be included in that program. 2) Related legislation . AB 2058 (Levine) (held on Senate Appropriations Committee Suspense File) and AB 2829 (failed in Assembly Natural Resources Committee 4-3) of 2008 set a $0.25 fee on carryout bags under certain conditions, and contained related requirements. AB 68 (Brownley) and AB 87 (Davis) of 2009 also set a $0.25 fee on carryout bags under certain conditions, with related provisions. AB 1141 (Calderon) of 2009 extends the current 2013 carryout bag requirements to 2017, and provides for a manufacturer or distributor extended producer responsibility fee with related requirements. AB 68 and AB 87 were approved by the Assembly Natural Resources Committee April 13, 2009 (6-3), and AB 1141 will be heard by that committee April 27, 2009. 3) Continuing the dialogue . The author and sponsor plan on convening a group of certain interests concerned with problems associated with carryout bags to consider alternatives in addressing those problems. If this bill is substantially amended, the Committee may hear the bill on concurrence in Assembly amendments if this bill is approved by the Assembly. SB 531 Page 3 4) Double Referral to Revenue and Taxation Committee . If this measure is approved by this committee, the do pass motion must include the action to re-refer the bill to the Senate Revenue and Taxation Committee. SOURCE : Californians for Extended Product Responsibility SUPPORT : Based on introduced version: American Federation of State, County and Municipal Employees (AFSCME), AFL-CIO OPPOSITION : Based on introduced version: American Forest & Paper Association, Clean Water Action, Environment California, Heal the Bay, Los Angeles County, Manhattan Beach, Save the Bay, Stop Hidden Taxes Coalition, Surfrider Foundation, 58 individuals