BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 1219| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: SB 1219 Author: Wolk (D) Amended: As introduced Vote: 21 SENATE ENVIRONMENTAL QUALITY COMMITTEE : 5-1, 4/16/12 AYES: Simitian, Hancock, Kehoe, Lowenthal, Pavley NOES: Blakeslee NO VOTE RECORDED: Strickland SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8 SUBJECT : Recycling: at-store plastic bag recycling SOURCE : Author DIGEST : This bill extends those At-Store Recycling Program requirements until January 1, 2020, and repeals the provisions preempting local regulatory action. ANALYSIS : 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 This requirement is repealed on January 1, 2013.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. Existing law provides for the enforcement of those provisions by local agencies and by the state and requires the civil penalties collected by the CONTINUED SB 1219 Page 2 state to be expended by the Attorney General, upon appropriation by the Legislature, to implement these requirements. This bill strikes the preemption provision prohibiting local governments from implementing separate plastic carryout recycling programs, additional auditing or reporting requirements or from imposing a fee on plastic carryout bags for stores that meet these provisions, and extends the sunset of the At-Store Recycling Program for plastic carryout bags from January 1, 2013, to January 1, 2020. Background Plastic bags and plastic film together represent 2.2 percent of the waste stream and every year, California taxpayers spend $25 million disposing of the 19 billion plastic bags used annually. Although plastic represents a relatively small fraction of the overall waste stream in California, plastic waste is the predominate form of marine debris. Plastics are estimated to compose 60-80 percent of all marine debris and 90 percent of all floating debris. According to the California Coastal Commission, the primary source of marine debris is urban runoff, of which lightweight plastic bags and plastic film are particularly susceptible. Due to the interplay of ocean currents, marine debris preferentially accumulates in certain areas throughout the ocean. The North Pacific Central Gyre is the ultimate destination for much of the marine debris originating from the California coast. A study by the Algalita Marine Research Foundation found an average of more than 300,000 plastic pieces per square mile of the Gyre and that the mass of plastic was six times greater than zooplankton floating on the water's surface. Most plastic marine debris exists as small plastic particles due to excessive UV radiation exposure and subsequent photo-degradation. These plastic pieces are ingested by aquatic organisms and have already negatively affected over 250 animal species worldwide. In addition, hydrophobic chemicals present in the ocean in trace amounts (e.g., from contaminated runoff and oil and chemical spills) have an affinity for and can bind to plastic CONTINUED SB 1219 Page 3 particles and may also enter and accumulate in the food chain through the same mechanism. Two years after the regulations were adopted for the At-Store Recycling Program, The California Department of Resources Recycling and Recovery (CalRecycle) reports the recycling rate in 2009 for labeled plastic carryout bags to be approximately three percent. This recycling rate does not reflect unregulated bags (bags which do not have the label which encourages plastic bag recycling) and other plastic film returned for recycling through this program. According to the California State University Sacramento characterization study commissioned by CalRecycle, of the plastic products returned to stores with bins that allowed "comingled" plastics, over 60 percent by weight was plastic shrink wrap and film. At the local level, many cities and counties throughout California have adopted ordinances banning plastic bags including San Francisco, San Jose, Long Beach, Los Angeles County, Santa Clara County, Alameda County and others. Most of these localities also require that stores charge a fee ranging from 10 to 25 cents per paper carryout bag and a few, including Los Angeles County, have banned both single-use plastic and paper carryout bags. Recently, the Los Angeles Superior Court ruled that a fee on paper bags is not a tax under the California Constitution. Since the passage of AB 2449 in 2006, local governments have been prohibited from requiring additional recycling requirements or imposing a plastic bag fee upon a store for plastic carryout bags. This bill deletes that preemption, and would give local governments the freedom to impose regulations and fees on plastic carryout bags in addition to the At-Store Recycling Program that currently exists. Local flexibility may be desirable since there is significant diversity geographically (e.g., coastal versus inland communities) and in terms of regional attitudes toward the perceived environmental impacts of plastic bags. However, with various localities banning plastic carryout bags, and others charging differing fees on paper carryout bags, there currently exists a growing patchwork of requirements throughout the state. With the removal of the CONTINUED SB 1219 Page 4 preemption for additional plastic carryout recycling requirements and fees, the disparity of local plastic carryout bag requirements throughout the state may grow, making it more difficult for stores to comply with the laws of each jurisdiction. Comments Purpose of Bill. AB 2449 (Levine), Chapter 845, Statutes of 2006, enacts the At-Store Recycling Program. According to the author, "At the end of this year, the plastic bag recycling program will sunset. This program has enjoyed moderate success in taking back single-use plastic bags. However, because of this program, recycling of plastic film (such as bread, dry cleaning and newspaper bags, the wrap around toilet paper, and the plastic used at grocery stores for packaging) has increased far more dramatically. This is particularly important since in California plastic film makes up almost half of the plastic waste stream. Recycling rates for film will undoubtedly drop drastically if the opportunity provided by in-store recycling programs is lost." The author also notes that, "Other states (and notably Washington DC) have seen a substantial reduction in bag use by placing small fees or taxes on these bags. Programs in DC and Maryland use the revenue generated for environmental programs. As SB 1219 extends the recycling program, it does so without extending the prohibition on local jurisdictions placing a fee or tax on plastic bags." FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: No SUPPORT : (Verified 4/30/12) 1 Bag at a Time Command Packaging Western Plastics Association DLW:do 5/1/12 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED SB 1219 Page 5 CONTINUED