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  









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              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.











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            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