BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                  SB 1219|
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                                 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          repealed on January 1, 2013.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 
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          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 

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          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 

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          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

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