BILL NUMBER: AB 1337	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 21, 2013

INTRODUCED BY   Assembly Member Allen

                        FEBRUARY 22, 2013

   An act to  amend Section 42251 of   add
Section 42254.5 to  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 would  make technical, nonsubstantive changes to
the above provision   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
carry   out bag. The bill would declare the matters
regulated by the bill are of statewide interest and concern  .
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 42254.5 is added to the 
 Public Resources Code   , to read:  
   42254.5.  (a) For purposes of this section, "household chemical
product" means a chemically formulated product used by households or
consumers, including, but not limited to, detergents, cleaning
compounds, polishes, floor finishes, cosmetics, personal care
products, home, lawn, and garden products, disinfectants, and
sanitizers.
   (b) The Legislature finds and declares that both of the following
are matters of statewide interest and concern:
   (1)  The use of single-use plastic carryout bags for the purposes
specified in subdivision (c).
   (2) The imposition of a tax, fee, or charge for providing a
single-use carryout bag that is not made of plastic, as specified in
subdivision (d).
   (c) A city, county, or other public agency, including, but not
limited to, a chartered city or county, shall not adopt, implement,
or enforce an ordinance, resolution, regulation, or rule that
prohibits a retail establishment from offering to its customers, or
that otherwise prohibits a person from using, a single-use plastic
carryout bag for purposes of containing meat, poultry, fruits,
vegetables, household chemical products, or food or products intended
for consumption or use by domestic pets.
   (d) A city, county, or other public agency, including, but not
limited to, a chartered city or county, that otherwise prohibits the
distribution of single-use plastic carryout bags by a retail
establishment to its customers shall not adopt, implement, or enforce
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 a single-use carry-out bag
that is not made of plastic.
   (e) This section does not prohibit a retail establishment from
selling a reusable bag to its customers.  
  SECTION 1.    Section 42251 of the Public
Resources Code is amended to read:
   42251.  (a) The operator of a store shall establish an at-store
recycling program pursuant to this chapter that provides an
opportunity for a customer of the store to return to the store clean
plastic carryout bags.
   (b) A retail establishment that is not a store, as specified in
Section 42250, and that provides plastic carryout bags to customers
at the point of sale may also adopt an at-store recycling program, as
specified in this chapter.