BILL ANALYSIS Ó
AB 158
Page 1
Date of Hearing: May 8, 2013
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
AB 158 (Levine) - As Amended: April 9, 2013
Policy Committee: Natural Resources
Vote: 6-3
Urgency: No State Mandated Local Program:
No Reimbursable: No
SUMMARY
This bill prohibits retail stores from providing single-use bags
to customers, and requires retail stores to provide only
reusable grocery bags. Specifically, this bill:
1)Prohibits stores from providing single-use carryout bags at
the point of sale beginning January 1, 2015. This includes
bags made of plastic, paper, or other material that is not
reusable, as defined.
2)Requires stores to provide reusable grocery bags after January
1, 2016. The store may charge the customer for the reusable
bags, which include washable fabric and other bags designed
for at least 125 uses. After July 1, 2017, reusable grocery
bags may also include plastic bags with at least 20 percent
recycled material designed for at least 125 uses.
3)Authorizes stores to make recyclable paper bags and
compostable reusable bags available for purchase.
4)Delays implementation of the bill until July 1, 2016 for
convenience food stores and foodmarts that hold a liquor
license.
5)Requires stores to provide reusable grocery bags to customers
participating in the California Special Supplemental Food
Program for Women, Infants, and Children at no cost.
6)Authorizes a certification process for CalRecycle to:
a) Test, inspect, audit grocery bag producers and
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recover costs from the producer.
b) Impose civil administrative penalties up to $500
for first-time violations and up to $5,000 for subsequent
violations to be deposited in the Reusable Bag Account,
created by this bill.
7)Authorizes local government and the state to impose civil
penalties up to $500 for first-time offenders, $1,000 for
second violations, and $2,000 for subsequent violations.
These penalties do not apply to the CalRecycle certification
requirements. Proceeds from these penalties shall be paid to
the city attorney, city prosecutor, district attorney or
Attorney General that brought the action.
8) Requires CalRecycle to report to the Legislature by January
1, 2017 on the following:
a) Data to evaluate pollution reduction.
b) Recommendations to further encourage the use of
reusable bags.
c) An evaluation including recommendations to improve
the requirements of the bill.
d) The distribution of recycled paper bags.
e) The number and type of violations.
FISCAL EFFECT
1)Significant one-time costs to CalRecyle, potentially $500,000
or more for evaluation, bag testing and data compiling
requirements.
2)Reimbursable costs for the inspection and auditing of bag
producers.
3)Non-reimbursable upfront costs in the range of tens of
thousands of dollars to develop inspection and auditing
procedures. This activity is permissive.
COMMENTS
1)Rationale. The environmental impact of single-use plastic
bags is well-documented. Plastic bags comprise 10% of marine
debris and take more than 1,000 years to break down. Reusable
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bags have a lower overall impact than single-use bags.
The author contends that approximately 67 cities and counties
have adopted local ordinances banning the use of plastic and
other single-use bags. Seven chain grocers, including Whole
Foods and Trader Joe's, have also made a business decision to
use only paper or reusable bags.
This bill would achieve some uniformity throughout the state.
The bill, however, does not pre-empt local ordinances relating
to single-use bags as long as the ordinances do not conflict
with the requirements of the bill.
2)Background. Every year California taxpayers spend around $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 by weight,
plastic is the most prevalent form of marine debris. Plastics
are estimated to compose 60 to 80% of all marine debris and
90% 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 tends to
accumulate in certain areas of the ocean.
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
marine organisms and have been proven to negatively affect
over 250 animal species worldwide.
3)Local Bag Ordinances. Nearly 70 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. Many of
these local governments also require stores to charge a fee
for a paper carryout bag, and a few have banned both
single-use plastic and paper carryout bags.
4)Support. This bill is supported by numerous environmental
groups, local governments, labor organizations and the State
Lands Commission, all of which cite the environmental benefits
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and removal cost savings associated with switching to reusable
bags.
5)Opposition. This bill is opposed by several paper and plastic
bag manufacturers and some local governments. Manufacturers
argue that this bill will have detrimental economic impacts
and job losses in our state.
6)Previous Legislative Attempts. Since 2007, numerous attempts
to ban or charge fees for non-reusable bags have all failed in
the Legislature.
7)Related Legislation, This session, SB 405 (Padilla) is
substantially similar to this bill.
SB 405 is in the Senate Appropriations Committee.
SB 700 (Wolk), currently in the Senate Environmental Quality
Committee, establishes a five cent fee on single-use carry
bags to provide funds for local agency litter clean-up and
reduction programs.
Analysis Prepared by : Jennifer Galehouse / APPR. / (916)
319-2081