BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 1219
                                                                  Page 1

          Date of Hearing:  June 18, 2012

                       ASSEMBLY COMMITTEE ON NATURAL RESOURCES
                                Wesley Chesbro, Chair
                  SB 1219 (Wolk) - As Introduced:  February 23, 2012

           SENATE VOTE  :  22-13
           
          SUBJECT  :  Recycling:  plastic bags

           SUMMARY  :  Extends the "At-Store Recycling Program" (Program) for 
          plastic bags to January 1, 2020 and repeals the preemption that 
          prohibits local governments from implementing separate plastic 
          bag recycling programs, additional auditing or reporting 
          requirements, or from imposing a fee on plastic bags.  

           EXISTING LAW  : 

          1)Requires stores, defined at supermarkets and stores over 
            10,000 square feet that include a pharmacy, to establish an 
            at-store recycling program for plastic carryout bags.  The 
            Program requires that: 

             a)   Plastic bags provided by the store must have a label 
               that encourages customers to return the bag for recycling; 

             b)   Stores provide clearly labeled and easily accessible 
               recycling bins; 

             c)   All bags collected be recycled in a manner consistent 
               with the local jurisdiction's recycling plan; 

             d)   Stores must maintain records relating to the Program for 
               at least three years and make the records available to the 
               local jurisdiction or the Department of Resources Recycling 
               and Recovery (CalRecycle) upon request; and, 

             e)   Stores must make reusable bags available.  

          2)Requires bag manufacturers to develop educational materials to 
            encourage source reduction and recycling and to make the 
            materials available to stores. 

          3)Preempts local governments from requiring stores that are 
            complying with the Program to implement separate bag recycling 








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            programs, additional auditing or reporting requirements, or 
            imposing a bag fee.  

          4)Authorizes a local government or the state to levy fines for 
            stores that violate these requirements.  

          5)Sunsets the program on January 1, 2013.  

           FISCAL EFFECT  :  According to the Senate Appropriations 
          Committee, pursuant to Senate Rule 28.8 this bill has negligible 
          state costs.  

           COMMENTS  :   

           Background  :  Plastic bags are extremely light weight and prone 
          to migrating; they represent a disproportionately large share of 
          litter and marine debris.  According to the U.S. Environmental 
          Protection Agency, marine debris is a serious problem along 
          shorelines, coastal waters, estuaries, and oceans throughout the 
          world.  It is estimated that 60-80 percent of all marine debris 
          and 90 percent of floating debris is plastic.  Bags and other 
          film plastic are a significant risk to marine life, because they 
          resemble jellyfish in the water, a food source for a wide 
          variety of marine animals.  Over time, plastic breaks down into 
          smaller and smaller pieces.  These small bits of plastic 
          continue to pose a threat to marine life, including sea birds 
          and filter feeders.  Because of ocean currents, much of the 
          marine debris originating in California ends up in the North 
          Pacific Gyre, a large area approximately half way between 
          California and Japan.  It is the largest ecosystem on Earth, 
          comprising 20 million square kilometers.  A 2009 study by the 
          Algalita Marine Research Foundation of the Gyre found the mass 
          of plastics was six times the mass of plankton in drifts where 
          marine animals congregate for feeding.  The current ratio is 
          estimated to be eight to one.  Additionally, hydrophobic 
          chemicals present in the ocean in trace amounts bind to plastic 
          particles and may enter and accumulate in the food chain.  
          According to the California Coastal Commission, the primary 
          source of marine debris is urban runoff, of which plastic bags 
          are particularly susceptible.  

           History of the Program  :  The Program was created in 2006 (AB 
          2449, Levine) and took effect in 2007.  Two years after the 
          Program became effective, CalRecycle reported a recycling rate 
          of approximately three percent (only one percent over previous 








                                                                 SB 1219
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          estimates) for plastic carryout bags.  A characterization study 
          conducted by California State University, Sacramento found that 
          the Program was also collecting plastic shrink wrap and other 
          film plastic.  While this type of collection program diverts 
          plastic film from the landfill disposal, they are generally not 
          effective at preventing litter, as consumers that are the most 
          likely to return bags for recycling are the least likely to 
          litter them.  

           This bill  :  According to the author, "the goal of SB 1219 is to 
          extend the recycling program without the fee prohibition.  Any 
          fee or tax implemented at the local level would be subject to 
          Proposition 26 and potentially require two-thirds voter 
          approval."  The author indicates that the Program has enjoyed 
          "modest success" in collecting bags, but points out that it has 
          "more dramatically" increased the collection of film plastic for 
          recycling.  

           Related legislation  :  

          1)AB 298 (Brownley) requires that cleaning instructions be 
            included on reusable bags and prohibits reusable bags from 
            containing toxic materials.  This bill is currently in the 
            Senate Environmental Quality Committee.  

          2)AB 1834 (Brownely) defines reusable bags under the Program; it 
            will only become effective if SB 1219 is enacted.  This bill 
            is currently in the Senate Appropriations Committee. 

          3)SB 1106 (Strickland) requires CalRecycle to study whether or 
            not the use of reusable bags increases an individual's risk of 
            serious illness; strikes the sunset on the Program; and, 
            prohibits the manufacture of reusable bags that do not contain 
            the following warning in 10-point type:

               WARNING:  Reusable bags must be cleaned and disinfected 
               between uses to prevent food cross contamination. Failure 
               to do so can cause serious illness from food-borne 
               pathogens. 

            This bill failed passage in the Senate Environmental Quality 
            Committee. 

           REGISTERED SUPPORT / OPPOSITION  :









                                                                  SB 1219
                                                                  Page 4

           Support 
           
          Regional Council of Rural Counties
           
            Opposition 
           
          None on file


           Analysis Prepared by  :  Elizabeth MacMillan / NAT. RES. / (916) 
          319-2092