Amended in Assembly April 9, 2013

Amended in Assembly March 20, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 158

Introduced by Assembly Member Levine

(Coauthors: Assembly Members Ammiano, Chesbro, Gordon, and Lowenthal)

(Coauthor: Senator Hill)

January 22, 2013

An act to add Chapter 5.3 (commencing with Section 42280) to Part 3 of Division 30 of, and to repeal Section 42289 of, the Public Resources Code, relating to solid waste.

LEGISLATIVE COUNSEL’S DIGEST

AB 158, as amended, Levine. Solid waste: single-use carryout bags.

Existing law, until January 1, 2020, 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.

With specified exceptions, this bill begin insert , as of January 1, 2015, end insert would begin delete , as of January 1, 2015, end delete prohibit stores that have a specified amount of dollar sales or retail floor space from providing a single-use carryout bag to a customer. The bill would require these stores to meet other specified requirements regarding providing recycled paper bags begin delete , end delete begin insert and end insert compostable bags begin delete , or reusable bags end delete to customers. begin insert The bill would require these stores to make reusable grocery bags available to customers. end insert

The bill would, on and after July 1, 2016, additionally impose these prohibitions and requirements on convenience food stores, foodmarts, and certain other specified stores.

The bill begin insert , beginning January 1, 2016, end insert would begin delete , beginning January 1, 2016, end delete require begin delete a end delete reusable grocery begin delete bag producer end delete begin insert bags end insert to begin delete submit to the Department of Resources Recycling and Recovery a biennial certification, including a certification fee established by the department, that certifies that each type of reusable grocery bag that is imported, manufactured, sold, or distributed in the state and provided to a store for sale or distribution meets end delete begin insert that are sold or provided to a store by a reusable grocery bag producer meet end insert specified requirements. The bill would require the department to deposit begin delete the certification fees end delete begin insert all penalties collected for violations of these requirements end insert into the Reusable Bag Account, which would be established by the bill in the Integrated Waste Management Fund. The bill would require that moneys in the account be expended by the department, upon appropriation by the Legislature, to implement begin delete the certification end delete begin insert these end insert requirements. begin delete A violation of these certification requirements would be subject to an administrative civil penalty assessed by the department. The department would be required to deposit these penalties into the Penalty Subaccount, which the bill would create in the Reusable Bag Account, for expenditure by the department, upon appropriation by the Legislature, to implement the certification requirements. end delete

The bill would require the department, by January 1, 2017, to submit a report to the Legislature regarding the implementation of the bill’s provisions. The bill would repeal this report requirement on January 1, 2018.

The bill would allow a city, county, or city and county, or the state to impose civil penalties for a violation of the bill’s requirements, except for the certification requirements. The bill would require these civil penalties to be paid to the office of the city attorney, city prosecutor, district attorney, or Attorney General, whichever office brought the action, and would allow the penalties collected by the Attorney General to be expended by the Attorney General, upon appropriation by the Legislature, to enforce the bill’s provisions. begin insert The bill would provide that these remedies are not exclusive, as specified. end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Chapter 5.3 (commencing with Section 42280)
is added to Part 3 of Division 30 of the Public Resources Code, to
read:

 

Chapter  5.3. Single-use Carryout Bags

 

Article 1.  Definitions

 

42280.  

For purposes of this chapter, the following definitions
shall apply:

(a) “Department” means the Department of Resources Recycling
and Recovery.

(b) “Postconsumer recycled material” means a material that
would otherwise be destined for solid waste disposal, having
completed its intended end use and product life cycle.
Postconsumer recycled material does not include materials and
byproducts generated from, and commonly reused within, an
original manufacturing and fabrication process.

(c) “Recycled paper bag” means a paper carryout bag provided
by a store to a customer at the point of sale that meets all of the
following requirements:

(1) (A)  begin delete Except as provided in subparagraph (B), the paper
carryout bag contains end delete begin insert Contains end insert a minimum of 40 percent
postconsumer recycled materials begin insert , except as provided in
subparagraph (B) end insert .

(B) An eight pound or smaller recycled paper bag shall contain
a minimum of 20 percent postconsumer recycled material.

(2) Is accepted for recycling in curbside programs in a majority
of households that have access to curbside recycling programs in
the state.

begin delete

(3) Is capable of composting, consistent with the timeline and
specifications of the American Society of Testing and Materials
(ASTM) Standard Specification for Compostable Plastics D6400.

end delete begin delete

(4)

end delete

begin insert (3) end insert  Has printed on the bag the name of the manufacturer, the
location (country) where the bag was manufactured, and the
minimum percentage of postconsumer content.

(d) (1) “Reusable grocery bag” on or before June 30, 2016,
means either of the following:

(A) A bag made of cloth or other machine washable fabric that
has handles.

(B) A durable plastic bag with handles that is at least 2.25 mils
thick and specifically designed for multiple reuses.

(2) “Reusable grocery bag” on and after July 1, 2016, means a
bag that meets the requirements of Section 42287.

(e) “Reusable grocery bag producer” means a person or entity
that does any of the following:

(1) Manufactures reusable grocery bags for sale or distribution
to a store.

(2) Imports reusable grocery bags into this state, for sale or
distribution to a store.

(3) Sells or distributes reusable bags to a store.

(f) (1) “Single-use carryout bag” means a bag made of plastic,
paper, or other material, that is provided by a store to a customer
at the point of sale and that is not begin insert a recycled paper bag or end insert a
reusable grocery bag that meets the requirements of begin delete Section 42287,
on and after July 1, 2016, and paragraph (1) of subdivision (d) of
this section on or before June 30, 2016 end delete begin insert subdivision (b) of Section
42287 end insert .

(2) A single-use carryout bag does not include either of the
following:

(A) A bag provided by a pharmacy pursuant to Chapter 9
(commencing with Section 4000) of Division 2 of the Business
and Professions Code to a customer purchasing a prescription
medication.

(B) A nonhandled bag used to protect a purchased item from
damaging or contaminating other purchased items when placed in
a recycled paper bag or reusable grocery bag.

(g) “Store” means a retail establishment that meets any of the
following requirements:

(1) A full-line, self-service retail store with gross annual sales
of two million dollars ($2,000,000), or more, and begin delete which end delete begin insert that end insert sells
a line of dry grocery items, canned goods, or nonfood items, and
some perishable items.

(2) Has at least 10,000 square feet of retail space that generates
sales or use tax pursuant to the Bradley-Burns Uniform Local Sales
and Use Tax Law (Part 1.5 (commencing with Section 7200) of
Division 2 of the Revenue and Taxation Code) and has a pharmacy
licensed pursuant to Chapter 9 (commencing with Section 4000)
of Division 2 of the Business and Professions Code.

(3) Is a convenience food store, foodmart, or other entity that
is engaged in the retail sale of a limited line of goods, generally
including milk, bread, soda, and snack foods, and that holds a Type
20 or Type 21 license issued by the Department of Alcoholic
Beverage Control.

 

Article 2.  Carryout begin delete Bag Regulation end delete begin insert Bags end insert

 

42281.  

(a)  begin delete Except as provided in Section 42282, end delete begin insert (1) end insert begin insert   end insert begin insert On or
before June 30, 2016, end insert the requirements of this section begin insert shall end insert apply
only to a store begin delete , as end delete begin insert that is end insert defined in paragraph (1) or (2) of
subdivision (g) of Section 42280.

begin insert

(2) On and after July 1, 2016, the requirements of this section
shall apply to a store, as defined in subdivision (g) of Section
42280.

end insert

(b) (1) On and after January 1, 2015, a store shall not provide
a single-use carryout bag to a customer at the point of sale, except
as provided in this section.

(2) On January 1, 2015, until June 30, 2016, a store may provide
to a customer a reusable grocery bag, as defined in paragraph (1)
of subdivision (d) of Section 42280.

(3) On and after July 1, 2016, a store shall only provide to a
customer begin insert at the point of sale end insert a reusable grocery bag, as defined in
paragraph (2) of subdivision (d) of Section 42280, that meets the
requirements of Section 42287.

(c) A store shall make reusable grocery bags available for
purchase by a customer.

begin insert

(d) Notwithstanding subdivision (b), a store may make available
for purchase at the point of sale a recycled paper bag.

end insert begin insert

(e) Notwithstanding subdivision (b), a store may make available
for purchase at the point of sale a compostable bag that, at a
minimum, meets the American Society for Testing and Materials
(ASTM) Standard Specification for Compostable Plastics D6400
if in the jurisdiction where the compostable bag is sold both of the
following requirements are met:

end insert begin insert

(1) A majority of the residential households in the jurisdiction
have access to curbside collection of food waste for composting.

end insert begin insert

(2) The governing authority for the jurisdiction has voted to
allow stores in the jurisdiction to sell to a consumer at the point
of sale a compostable bag at a cost not less than the actual cost
of the bag.

end insert begin delete

(d)

end delete

begin insert (f) end insert  Notwithstanding any other law, on and after January 1, 2015,
a store shall provide a customer participating in the California
Special Supplemental Food Program for Women, Infants, and
Children pursuant to Article 2 (commencing with Section 123275)
of Chapter 1 of Part 2 of Division 106 of the Health and Safety
Code and a customer participating in the Supplemental Food
Program pursuant to Chapter 10 (commencing with Section 15500)
of Part 3 of Division 9 of the Welfare and Institutions Code, with
a reusable grocery bag or a recycled paper bag at no cost at the
point of sale.

begin delete

(e) Notwithstanding subdivision (b), a store may make available
for purchase at the point of sale a recycled paper bag.

end delete begin delete

(f) Notwithstanding subdivision (b), a store may make available
for purchase at the point of sale a compostable bag, that at a
minimum meets the American Society for Testing and Materials
(ASTM) Standard Specification for Compostable Plastics D6400,
if both of the following requirements are met in the jurisdiction
where the compostable bag is sold:

end delete begin delete

(1) A majority of the residential households in the jurisdiction
have access to curbside collection of foodwaste for composting.

end delete begin delete

(2) The governing authority for the jurisdiction has voted to
allow stores in the jurisdiction to sell to a consumer at the point
of sale a compostable bag at a cost not less than the actual cost of
the bags.

end delete

begin delete

42282.  

On and after July 1, 2016, a store, as defined in
paragraph (3) of subdivision (g) of Section 42280, shall comply
with the same requirements of this article that are imposed upon
a store, as defined in paragraph (1) or (2) of subdivision (g) of
Section 42880.

end delete

 

Article 3.  Reusable Grocery Bags

 

42287.  

(a) On and after July 1, 2016, a reusable grocery bag
begin insert sold or provided to a store by a reusable grocery bag producer
for purposes of this chapter end insert shall meet all of the following
requirements:

(1) (A) Be designed and manufactured to withstand, at a
minimum, 125 uses.

(B) For purposes of this paragraph, “125 uses” means the
capability of carrying a minimum of 22 pounds 125 times over a
distance of at least 175 feet.

(2) Is machine washable or made from a material that can be
cleaned and disinfected.

(3)  begin delete Have end delete begin insert Has end insert printed on the bag, or on a tag attached to the bag
that is not intended to be removed, and in a manner visible to the
consumer the following information:

(A) The name of the manufacturer.

(B) The location (country) where the bag was manufactured.

(C)  begin delete A end delete begin insert The appropriate end insert recycling symbol or end-of-life
management instructions.

(D) The percentage of postconsumer recycled material, if any.

(4)  begin delete It shall end delete begin insert Does end insert not contain lead, cadmium, or any other heavy
metal in toxic amounts. This requirement shall not affect any
authority of the Department of Toxic Substances Control pursuant
to Article 14 (commencing with Section 25251) of Chapter 6.5 of
Division 20 of the Health and Safety Code and, notwithstanding
subdivision (c) of Section 25257.1 of the Health and Safety Code,
the reusable grocery bag shall not be considered as a product
category already regulated or subject to regulation.

(5) If the reusable grocery bag producer makes a claim that it
is recyclable, the producer shall begin delete demonstrate compliance with the
regulations adopted by the Federal Trade Commission end delete begin insert comply with
the requirements of Part 260 of Title 16 of the Code of Federal
Regulations relating to environmental marketing claims end insert .

(b) In addition to the requirements in subdivision (a), a reusable
grocery bag made from plastic shall meet begin delete all end delete begin insert both end insert of the following
requirements:

(1) On and after July 1, 2017, be made from a minimum of 20
percent postconsumer recycled material, except as provided in
subdivision (d).

(2) In addition to the information required to be printed on the
bag or on a tag, pursuant to paragraph (3) of subdivision (a), all
of the following information shall be printed on the bag, or on a
tag that complies with that paragraph:

(A) A statement that the bag is a reusable bag and designed for
at least 125 uses.

(B) Instructions to return the bag to the store for recycling or
to another appropriate recycling location.

begin delete

(c) A plastic reusable grocery bag that also meets the
specifications of the American Society of Testing and Materials
(ASTM) Standard Specification for Compostable Plastics D6400,
as published in September 2004, is not required to meet the
requirements of paragraph (1) of subdivision (b), but shall be
labeled in accordance with the applicable state law regarding
compostable plastics.

(d)

end delete

begin insert (c) end insert  (1) If begin insert , after making a reasonable effort to identify
postconsumer recycled material, end insert a plastic reusable grocery bag
producer is unable to obtain sufficient amounts of postconsumer
recycled material to comply with this article begin delete within a reporting
period end delete because of unavailability, begin insert upon the request of the
department, end insert the producer shall demonstrate to the department the
actions taken by that plastic reusable grocery bag producer to find
that postconsumer recycled material.

begin delete

(2) A plastic reusable grocery bag producer making the
demonstration in paragraph (1) shall make a reasonable effort to
identify available supplies of postconsumer recycled material
before submitting a certification containing this information to the
department pursuant to Section 42288.

end delete begin delete

(3)

end delete

begin insert (2) end insert  A plastic reusable grocery bag producer begin delete that makes a
demonstration pursuant end delete begin insert subject end insert to paragraph (1) shall include the
greatest amount of postconsumer recycled material possible in the
reusable grocery bag, even if this amount is less than required by
paragraph (1) of subdivision (b) and shall indicate the percentage
that is postconsumer recycled material.

begin delete

42288.  

(a) On or before January 1, 2016, and on January 1
every two years thereafter on a schedule and in a manner
determined by the department, a reusable grocery bag producer
shall submit a certification to the department for each type of
reusable grocery bag that is manufactured, imported, sold, or
distributed in the state and provided to a store for sale or
distribution that meets the requirements of Section 42287.

(b) A reusable grocery bag producer shall submit a fee, as
established pursuant to subdivision (e), to the department with
each certification submitted.

(c) The department shall provide a system to submit
certifications online.

(d) On and after July 1, 2016, the department shall publish a
list on its Internet Web site that includes both of the following:

(1) The name, location, and appropriate contact information of
a reusable grocery bag producer that is in compliance with this
article.

(2) The reusable grocery bags that are in compliance with this
article.

(e) The department shall establish a certification fee schedule
that will generate fee revenues sufficient to cover all of the
department’s costs to enforce this article. Fee revenues shall not
exceed the amount necessary to cover the department’s reasonable
costs to enforce this article.

(f)

end delete

begin insert

begin insert 42288. end insert   

end insert

begin insert (a) end insert  The department may inspect and audit a reusable
begin insert grocery end insert bag producer subject to this article begin insert , end insert with all costs
associated with the begin insert inspection or end insert audit being paid for by the
reusable grocery bag producer.

begin delete

(g)

end delete

begin insert (b) end insert  The department may test any reusable begin insert grocery end insert bag
manufactured by a reusable begin insert grocery end insert bag producer and provided
to a store for sale or distribution for compliance with this article
and the regulations adopted pursuant to this article. begin insert All costs
associated with the test shall be paid for by the reusable grocery
bag producer. end insert

begin delete

(h)

end delete

begin insert (c) end insert  The department may enter into an agreement with other state
entities that conduct inspections to provide necessary enforcement
of this article.

begin delete

(i)

end delete

begin insert (d) end insert  Notwithstanding Section 42289.5, begin delete any end delete begin insert a end insert violation of this
article begin insert by a reusable grocery bag producer end insert shall be subject to an
administrative civil penalty assessed by the department in an
amount not to exceed five hundred dollars ($500) for the first
violation. A subsequent violation may be subject to an increased
penalty of up to five hundred dollars ($500) per violation, not to
exceed five thousand dollars ($5,000) per violation.

begin delete

(j)

end delete

begin insert (e) end insert  The department shall deposit all begin delete certification fees end delete begin insert penalties end insert
paid pursuant to this article into the Reusable Bag Account, which
is hereby created in the Integrated Waste Management Fund in the
State Treasury. The moneys deposited in the Reusable Bag Account
shall be expended by the department, upon appropriation by the
Legislature, to assist the department with its costs of implementing
this article.

begin delete

(k) The department shall deposit all penalties collected pursuant
to subdivision (i) for a violation of this article into the Penalty
Subaccount, which is hereby created in the Reusable Bag Account.
The moneys in the Penalty Subaccount shall be expended by the
department, upon appropriation by the Legislature, to assist the
department with its costs of implementing this article.

end delete

 

Article 4.  Reporting Requirements

 

42289.  

(a) On or before January 1, 2017, the department shall
submit a report to the Legislature in accordance with Section 9795
of the Government Code, regarding the effectiveness of this chapter
and recommendations for statutory changes to increase
effectiveness, which shall include all of the following:

(1) A compilation of state cleanup data to evaluate pollution
reduction.

(2) Recommendations to further encourage the use of reusable
grocery bags by customers and stores.

(3) An evaluation of the requirements for reusable bags specified
in Section 42287.

(4) Distribution of recycled paper bags.

(5) Number and type of violations.

(b) The department shall coordinate with other state and local
agencies in compiling this report to maximize existing efforts and
resources in the areas of litter reduction, water quality, and
environmental protection.

(c) Pursuant to Section 110231.5 of the Government Code, this
section is repealed on January 1, 2018.

 

Article 5.  Enforcement

 

42289.5.  

(a) A city, a county, a city and county, or the state
may impose civil liability in the amount of five hundred dollars
($500) for the first violation of this chapter, one thousand dollars
($1,000) for the second violation, and two thousand dollars
($2,000) for the third and subsequent violations.

(b) Any civil penalties collected pursuant to subdivision (a)
shall be paid to the office of the city attorney, city prosecutor,
district attorney, or Attorney General, whichever office brought
the action. The penalties collected pursuant to this section by the
Attorney General may be expended by the Attorney General, upon
appropriation by the Legislature, to enforce this chapter.

(c)  begin delete This section does end delete begin insert Subdivisions (a) and (b) shall end insert not apply
to a violation of Article 3 (commencing with Section 42287).

begin insert

(d) This chapter shall not be exclusive and shall not limit the
ability of a city, county, city and county, or the state to pursue
enforcement pursuant to Chapter 5 (commencing with Section
17200) of Part 2 of Division 7 of the Business and Professions
Code.

end insert