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 SB 1219 Page 2 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 Page 3 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