Amended in Assembly March 21, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 1337


Introduced by Assembly Member Allen

February 22, 2013


An act tobegin delete amend Section 42251 ofend deletebegin insert add Section 42254.5 toend insert the Public Resources Code, relating to solid waste.

LEGISLATIVE COUNSEL’S DIGEST

AB 1337, as amended, Allen. Solid waste: plastic bag: recycling.

Existing law requires a store, as defined, to establish an at-store recycling program to provide an opportunity for a customer of the store to return to the store clean plastic carryout bags. Existing law authorizes a retail establishment that is not a store, as defined, and that provides plastic carryout bags, to adopt an at-store recycling program.

This bill wouldbegin delete make technical, nonsubstantive changes to the above provisionend deletebegin insert prohibit a city, county, or other public agency from adopting, implementing, or enforcing an ordinance, resolution, regulation, or rule that prohibits a retail establishment from offering to its customers, or otherwise prohibits a person from using, a single-use plastic carryout bag for purposes of containing specified products. The bill would also prohibit a city, county, or other public agency that otherwise prohibits the distribution of single-use plastic carryout bags by retail establishments from adopting, implementing, or enforcing an ordinance, resolution, regulation, or rule that imposes a fee, tax, or other charge upon a retail establishment that provides a single-use carryout bag that is not made of plastic to its customers or that requires the retail establishment to collect a fee, tax, or other charge from a customer for providing that type of single-use carryend insertbegin insertout bag. The bill would declare the matters regulated by the bill are of statewide interest and concernend insert.

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

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

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 42254.5 is added to the end insertbegin insertPublic Resources
2Code
end insert
begin insert, to read:end insert

begin insert
3

begin insert42254.5.end insert  

(a) For purposes of this section, “household chemical
4product” means a chemically formulated product used by
5households or consumers, including, but not limited to, detergents,
6cleaning compounds, polishes, floor finishes, cosmetics, personal
7care products, home, lawn, and garden products, disinfectants,
8and sanitizers.

9(b) The Legislature finds and declares that both of the following
10are matters of statewide interest and concern:

11(1)  The use of single-use plastic carryout bags for the purposes
12specified in subdivision (c).

13(2) The imposition of a tax, fee, or charge for providing a
14 single-use carryout bag that is not made of plastic, as specified in
15subdivision (d).

16(c) A city, county, or other public agency, including, but not
17limited to, a chartered city or county, shall not adopt, implement,
18or enforce an ordinance, resolution, regulation, or rule that
19prohibits a retail establishment from offering to its customers, or
20that otherwise prohibits a person from using, a single-use plastic
21carryout bag for purposes of containing meat, poultry, fruits,
22vegetables, household chemical products, or food or products
23intended for consumption or use by domestic pets.

24(d) A city, county, or other public agency, including, but not
25limited to, a chartered city or county, that otherwise prohibits the
26distribution of single-use plastic carryout bags by a retail
27establishment to its customers shall not adopt, implement, or
28enforce an ordinance, resolution, regulation, or rule that imposes
29a fee, tax, or other charge upon a retail establishment that provides
30a single-use carryout bag that is not made of plastic to its
31customers or that requires the retail establishment to collect a fee,
32tax, or other charge from a customer for providing a single-use
33carry-out bag that is not made of plastic.

P3    1(e) This section does not prohibit a retail establishment from
2selling a reusable bag to its customers.

end insert
begin delete3

SECTION 1.  

Section 42251 of the Public Resources Code is
4amended to read:

5

42251.  

(a) The operator of a store shall establish an at-store
6recycling program pursuant to this chapter that provides an
7opportunity for a customer of the store to return to the store clean
8plastic carryout bags.

9(b) A retail establishment that is not a store, as specified in
10Section 42250, and that provides plastic carryout bags to customers
11at the point of sale may also adopt an at-store recycling program,
12as specified in this chapter.

end delete


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