Amended in Assembly February 6, 2014

Senate Bill No. 270

Introduced by begin delete Senator end delete begin insert Senators end insert Padilla begin insert , De  end insert begin insert León, and Lara end insert

February 14, 2013

begin delete An act to add Section 106.5 to the Labor Code, relating to employment. end delete begin insert An act to add Chapter 5.3 (commencing with Section 42280) to Part 3 of Division 30 of the Public Resources Code, relating to solid waste, and making an appropriation therefor. end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 270, as amended, Padilla. begin delete Underground economy: enforcement actions. end delete begin insert Solid waste: single-use carryout bags. end insert

begin insert

(1) Existing law, until 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.

end insert begin insert

This bill, as of July 1, 2015, would prohibit stores that have a specified amount of sales in dollars or retail floor space from providing a single-use carryout bag to a customer, with specified exceptions. The bill would also prohibit a store from selling or distributing a recycled paper bag at the point of sale unless the store makes that bag available for purchase for not less than $0.10. The bill would also allow such a store, on or after July 1, 2015, to distribute compostable bags at the point of sale only in jurisdictions that meet specified requirements and at a cost of not less than $0.10. The bill would require these stores to meet other specified requirements on and after July 1, 2015, regarding providing reusable grocery bags to customers, including distributing those bags only at a cost of not less than $0.10.

end insert begin insert

The bill, on and after July 1, 2016, would additionally impose these prohibitions and requirements on convenience food stores, foodmarts, and entities engaged in the sale of a limited line of goods, or goods intended to be consumed off premises, and that hold a specified license with regard to alcoholic beverages.

end insert begin insert

The bill would allow a retail establishment to voluntarily comply with these requirements, if the retail establishment notifies the department and pays a registration fee established by the department.

end insert begin insert

The bill would require the operator of a store that has a specified amount of sales in dollars or retail floor space, in addition to complying with existing requirements, to establish an at-store recycling program that provides an opportunity for customers to return to the store clean polyethylene, polypropylene, and polyethylene terephthalate bags, including requiring those bags that are provided by the store to display a specified notice and providing for the placement of collection bins in a specified manner.

end insert begin insert

The bill would require certain stores selling a reusable grocery bag on and after July 1, 2015, to a customer at the point of sale to meet specified requirements with regard to the bag’s durability, material, labeling, heavy metal content, and, with regard to reusable grocery bags made from plastic on and after January 1, 2016, recycled material content. The bill would impose these requirements as of July 1, 2016, on the stores that are otherwise subject to the bill’s requirements.

end insert begin insert

The bill would prohibit a producer of reusable grocery bags made from specified plastics from selling or distributing those bags on and after January 1, 2016, unless the producer is certified by the Department of Resources Recycling and Recovery. The bill would require the application for certification to include specified information that verifies the incorporation of clean postconsumer recycled material. The bill would also authorize a supplier of postconsumer recycled material to a producer of those bags to apply to the department for certification as a supplier of material. The bill would specify a procedure for a person to submit a written request to the department objecting to approval of a certification and for the holding of a hearing regarding that approval.

end insert begin insert

The department would be authorized to suspend or revoke a certification under specified circumstances and would be required to publish on its Internet Web site a list of certified reusable grocery bag producers and suppliers and reusable grocery bags that comply with the requirements of the bill. The bill would require the department to establish a certification fee schedule to cover the department’s costs to implement these requirements, which a reusable grocery bag producer or supplier applying for certification would be required to pay. The bill would also require a reusable grocery bag producer to submit specified laboratory test results to the department.

end insert begin insert

A violation of these requirements would be subject to an administrative civil penalty assessed by the department. The department would be required to deposit these penalties into the Reusable Bag Account, which would be created in the Integrated Waste Management Fund, for expenditure by the department, upon appropriation by the Legislature, to implement those requirements.

end insert

begin insert 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 as specified. 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. The bill would provide that these remedies are not exclusive, as specified. end insert

begin insert

The bill would declare that it occupies the whole field of the regulation of reusable grocery bags, single-use carryout bags, and recycled paper bags and would prohibit a local public agency from enforcing or implementing an ordinance, resolution, regulation, or rule adopted on or after September 1, 2014, relating to those bags, against a store unless expressly authorized. The bill would allow a local public agency that has adopted such an ordinance, resolution, regulation, or rule prior to September 1, 2014, to continue to enforce and implement that ordinance, resolution, regulation, or rule, and would preempt any amendments to that ordinance, resolution, regulation, or rule, except that the bill would allow a local public agency to adopt or amend an ordinance, resolution, regulation, or rule setting a price for a recycled paper bag, compostable bag, or reusable grocery bag.

end insert begin insert

(2) The California Integrated Waste Management Act of 1989 creates the Recycling Market Development Revolving Loan Subaccount in the Integrated Waste Management Account and continuously appropriates the funds deposited in the subaccount to the department for making loans for the purposes of the Recycling Market Development Revolving Loan Program. Existing law makes the provisions regarding the loan program, the creation of the subaccount, and expenditures therefrom inoperative on July 1, 2021, and repeals them as of January 1, 2022.

end insert begin insert

This bill would appropriate $2,000,000 from the Recycling Market Development Revolving Loan Subaccount in the Integrated Waste Management Account to the department for the purposes of providing loans and grants for the creation and retention of jobs and economic activity in California for the manufacture and recycling of plastic reusable grocery bags that use recycled content. The bill would require a recipient of a grant to agree, as a condition of receiving a grant, to take specified actions.

end insert begin delete

Existing law establishes the Joint Enforcement Strike Force on the Underground Economy to combat tax violations and cash-pay employment and to report to the Legislature on the underground economy by June 30 of each year. The Department of Industrial Relations established the Labor Enforcement Task Force to help to eliminate the underground economy by ensuring that employers do not violate wage, hour, and safety laws by illegally hiring workers.

end delete begin delete

This bill would require, to the extent feasible, agencies participating in either of these groups to coordinate their law enforcement activities and to exchange information between them regarding these activities.

end delete

Vote: majority. Appropriation:  begin delete no end delete begin insert yes end insert . Fiscal committee: yes. State-mandated local program: no.

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

begin insert

begin insert SECTION 1. end insert   

end insert

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

begin insert

 

Chapter   begin insert 5.3. end insert Single-Use Carryout Bags

 

Article begin insert 1. end insert   Definitions

 

begin insert 42280. end insert   

(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) Except as provided in subparagraph (B), contains a
minimum of 40 percent postconsumer recycled materials.

(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.

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

(d) “Reusable grocery bag” means a bag that is provided by a
store to a customer at the point of sale that meets the requirements
of Section 42281.

(e) (1) “Reusable grocery bag producer” means a person or
entity that does any of the following:

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

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

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

(2) “Reusable grocery bag producer” does not include a store,
with regard to a reusable grocery bag for which there is a
manufacturer or importer, as specified in subparagraph (A) or
(B) of paragraph (1).

(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 a recycled paper bag or a
reusable grocery bag that meets the requirements of Section 42281.

(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, a reusable grocery bag, or a compostable
plastic 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 that sells a line of dry
groceries, 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.

(4) Is a convenience food store, foodmart, or other entity that
is engaged in the retail sale of goods intended to be consumed off
the premises, and that holds a Type 20 or Type 21 license issued
by the Department of Alcoholic Beverage Control.

(5) Is not otherwise subject to paragraph (1), (2), (3), or (4), if
the retail establishment voluntarily agrees to comply with the
requirements imposed upon a store pursuant to this chapter,
notifies the department of its intent to comply with the requirements
imposed upon a store pursuant to this chapter, and pays the
registration fee that may be established pursuant to Section 42284.

 

Article begin insert 2. end insert   Reusable Grocery Bags

 

begin insert 42281. end insert   

(a) On and after July 1, 2015, a store, as defined in
paragraph (1) or (2) of subdivision (g) of Section 42280, may sell
or distribute a reusable grocery bag to a customer at the point of
sale only if the reusable bag meets all of the following
requirements:

(1) Has a handle and is designed for at least 125 uses. A bag
satisfies this minimum use requirement if the bag is capable of
carrying two full, one gallon milk jugs for 125 uses and meets
either of the following requirements:

(A) If the bag is made of polyethylene, polypropylene, or
polyethylene terephthalate, the bag has a minimum thickness of
at least 2.25 mils.

(B) If the bag is made of a woven or nonwoven polymer or fiber,
the bag has a minimum fabric weight of at least 80 grams per
square meter.

(2) Has a volume capacity of at least 15 liters.

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

(4) Has 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, all of the following information:

(A) The name of the manufacturer.

(B) The country where the bag was manufactured.

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

(D) Instructions to return the bag to the store for recycling or
to another appropriate recycling location, if applicable.

(5) Does 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.

(6) Complies with Section 260.12 of Part 260 of Title 16 of the
Code of Federal Regulations related to recyclable claims if the
reusable grocery bag producer makes a claim that the reusable
grocery bag is recyclable.

(b) In addition to the requirements in subdivision (a), a reusable
grocery bag made from plastic, including sheet, woven, or
nonwoven plastic, shall meet all of the following requirements:

(1) On and after January 1, 2016, be made from a minimum of
20 percent postconsumer recycled material,

(2) On and after January 1, 2020, be made from a minimum of
40 percent postconsumer recycled material.

(3) All postconsumer recycled material shall be cleaned using
washing equipment specifically designed for that purpose.

(4) In addition to the information required to be printed on the
bag or on a tag, pursuant to paragraph (4) of subdivision (a), a
statement that the bag is made partly or wholly from postconsumer
material, as applicable, as well as stating the percentage.

(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) or (2) of subdivision (b), but shall
be labeled in accordance with the applicable state law regarding
compostable plastics.

(d) On and after July 1, 2016, a store as defined in paragraph
(3) or (4) of subdivision (g) of Section 42280, shall comply with
the requirements of this section.

begin insert 42281.5. end insert   

(a) On and after January 1, 2016, a producer of
polyethylene, polypropylene, or polyethylene terephthalate reusable
grocery bags shall not sell or distribute a reusable grocery bag
in this state unless the producer is certified by the department
pursuant to this section. Certification shall require that the
reusable grocery bags sold by the producer comply with the
requirements of Section 42281. The application for certification
submitted by the producer shall verify the incorporation of cleaned
postconsumer recycled material into bags, as required by
paragraphs (1), (2), and (3) of subdivision (b) of Section 42281,
and shall include all of the following:

(1) Names, locations, and contact information of all sources
and suppliers of postconsumer recycled material. Except as
provided in subdivision (c), the supplier shall be certified by the
department as a post-consumer recycled material supplier pursuant
to subdivision (b).

(2) Quantity and dates of postconsumer recycled material
purchases by the reusable bag producer.

(3) Any other information that the department may require to
enable verification of the information provided in the application.

(b) A supplier of material to a producer of polyethylene,
polypropylene, or polyethylene terephthalate reusable grocery
bags may apply to the department for certification as a supplier
of material. The application for certification shall verify the
methods of collecting and processing the postconsumer recycled
material, including all of the following:

(1) How the postconsumer material is obtained.

(2) Washing equipment, including the name of the maker, model,
description, photographs, and exact locations of the equipment.

(3) Any other information that the department may require to
enable verification of the information provided in the application.

(c) If a reusable grocery bag producer obtains postconsumer
recycled material without an intermediate supplier, the reusable
grocery bag producer is not required to provide, in its application,
the information regarding the certification of a supplier pursuant
to subdivision (b), but shall provide the department with the same
information otherwise required under paragraphs (1) to (3),
inclusive, of subdivision (b).

(d) The department shall provide a system to submit applications
for certification online.

(e) The department shall post on its Internet Web site 90 days
written notice of its intention to approve or disapprove a
certification application submitted pursuant to subdivision (a) or
(b), including its proposed decision, and shall invite public
comments. The notice shall include copies of all documents
submitted in support of the application, with pricing information
removed. The department may respond to any public comments
submitted in writing. The department shall issue a written ruling
on the application, stating its reasons and fully explaining its
responses to any objections.

(f) (1) A person may object to a proposed approval of a
certification on the grounds that the application for certification
of the reusable grocery bag producer or supplier did not comply
with the requirements imposed pursuant to this section, including
the verification of postconsumer recycled material, by submitting
a written request to the department.

(2) Upon receiving a written request pursuant to paragraph
(1), the department shall hold a public hearing before approving
the application.

(3) After holding a hearing pursuant to paragraph (2), the
department shall issue a written ruling on the application, stating
its reasons and fully explaining its response to any objections in
the written request.

(4) A person objecting to the department’s approval of
certification, following a hearing conducted pursuant to paragraph
(2), may file an action for review of that approval in the superior
court of Sacramento County within 90 days of the ruling. The court
shall make its own independent findings on whether the department,
in approving the application for certification, obtained verified
evidence of postconsumer material, and may consider evidence
that was not submitted to the department.

(g) The department may suspend or revoke a certification of a
reusable grocery bag producer or supplier upon 90 days written
notice if the department receives a complaint supported by
substantial and credible evidence that the reusable grocery bags
distributed by the producer do not comply with the requirements
of Section 42281 or that the supplier is not in compliance with the
information supplied in the application for certification.

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

(1) The name, location, and contact information of all certified
reusable grocery bag producers and all certified post-consumer
recycled material suppliers.

(2) The reusable grocery bags distributed by a reusable grocery
bag producer certified by the department.

begin insert 42282. end insert   

(a) Upon request by the department, a reusable grocery
bag producer shall submit laboratory test results from independent,
accredited (ISO/IEC 17025) laboratories to the department
confirming that the reusable grocery bag meets the requirements
of Section 42281 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.

(b) The department may test any reusable grocery bag
manufactured by a reusable grocery bag producer and provided
to a store for sale or distribution for compliance with this article
and the regulations adopted pursuant to this article.

(c) The department may inspect and audit a certified reusable
grocery bag producer subject to this article to ensure continuing
compliance with Section 42281. All costs associated with the audit
shall be paid by the reusable grocery bag producer.

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

begin insert 42282.1. end insert   

(a) A reusable grocery bag producer or supplier
shall submit the fee established pursuant to subdivision (b) to the
department when making an application for certification.

(b) The department shall establish a certification fee schedule
that will generate fee revenues sufficient to cover, but not exceed,
the department’s reasonable costs to implement and enforce this
article. The department may expend the fees collected pursuant to
this section, upon appropriation by the Legislature, to carry out
this article.

begin insert 42282.2. end insert   

(a) Notwithstanding Section 42285, a violation of
this article 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 is
subject to a penalty of up to five hundred dollars ($500) per prior
violation, not to exceed five thousand dollars ($5,000) per
violation.

(b) On and after January 1, 2016, a store in violation of Section
42281 shall remove from the point of sale any reusable grocery
bags made from polyethylene, polypropylene, or polyethylene
terephthalate that were not distributed or sold by a certified
reusable grocery bag producer pursuant to Section 42282 within
seven days after the store receives notification of the violation.

begin insert 42282.3. end insert   

The department shall deposit all penalties collected
pursuant to subdivision (a) of Section 42282.1 for a violation of
this article into the Reusable Bag Account, which is hereby created
in the Integrated Waste Management Fund. The moneys 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.

 

Article begin insert 3. end insert   Single-Use Carryout Bags

 

begin insert 42283. end insert   

(a) Except as provided in subdivisions (d) and (e), on
and after July 1, 2015, a store, as defined in paragraph (1) or (2)
of subdivision (g) of Section 42280, shall not provide a single-use
carryout bag to a customer at the point of sale.

(b) (1) On and after July 1, 2015, a store shall not sell or
distribute a reusable grocery bag at the point of sale except as
provided in this subdivision.

(2) On and after July 1, 2015, a store may make available for
purchase at the point of sale a reusable grocery bag that meets
the requirements of Section 42281.

(3) On and after July 1, 2015, a store that makes reusable
grocery bags available for purchase pursuant to paragraph (2)
shall not sell the reusable grocery bag for less than ten cents
($0.10) in order to ensure that the cost of providing a reusable
grocery bag is not subsidized by a customer who does not require
that bag.

(c) (1) On and after July 1, 2015, a store shall not sell or
distribute a recycled paper bag except as provided in this
subdivision.

(2) A store may make available for purchase a recycled paper
bag. On and after July 1, 2015, the store shall not sell a recycled
paper bag for less than ten cents ($0.10) in order to ensure that
the cost of providing a recycled paper bag is not subsidized by a
consumer who does not require that bag.

(d) Notwithstanding any other law, on and after July 1, 2015,
a store that makes reusable grocery bags or recycled paper bags
available for purchase at the point of sale 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.

(e) On and after July 1, 2015, a store may distribute a
compostable bag at the point of sale, if the compostable bag is
provided to the consumer at the cost specified pursuant to
paragraph (2), the compostable bag, at a minimum, meets the
American Society for Testing and Materials (ASTM) Standard
Specification for Compostable Plastics D6400, and in the
jurisdiction where the compostable bag is sold and in the
jurisdiction where the store is located, both of the following
requirements are met:

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

(2) The governing authority for the jurisdiction has voted to
allow stores in the jurisdiction to sell to a consumers at the point
of sale a compostable bag at a cost not less than the actual cost
of the bag, which the Legislature hereby finds to be not less than
ten cents ($0.10) per bag.

(f) A store shall not require a customer to use, purchase, or
accept a single-use carryout bag, recycled paper bag, compostable
bag, or reusable grocery bag as a condition of sale of any product.

begin insert 42283.5. end insert   

On and after July 1, 2016, a store, as defined in
paragraph (3) or (4) of subdivision (g) of Section 42280, shall
comply with the same requirements of Section 42283 that are
imposed upon a store, as defined in paragraph (1) or (2) of
subdivision (g) of Section 42880.

begin insert 42283.6. end insert   

The operator of a store, as defined in paragraph (1)
or (2) of subdivision (g) of Section 42280 shall, in addition to
complying with the requirements of Chapter 5.1 (commencing with
Section 42250), establish an at-store recycling program that
provides an opportunity for customers to return to the store a clean
polyethylene, polypropylene, or polyethylene terephthalate bag,
including, but not limited to, a single-use carryout bag or a
reusable grocery bag. The at-store recycling program shall include
all of the following:

(a) Any polyethylene, polypropylene, and polyethylene
terephthalate bag provided by the store shall have printed or
displayed on the bag or on a tag, in a manner visible to a
consumer, and in compliance with Section 42281, the words
“PLEASE RETURN TO A PARTICIPATING STORE FOR
RECYCLING.”

(b) A collection bin shall be placed at each store and shall be
visible, easily accessible to the consumer, and clearly marked that
the collection bin is available for the purpose of collecting and
recycling a polyethylene, polypropylene, or polyethylene
terephthalate bag.

(c) All polyethylene, polypropylene, or polyethylene
terephthalate bags collected by the store pursuant to this section
shall be collected, transported, and recycled in a manner that does
not conflict with the local jurisdiction’s source reduction and
recycling element, pursuant to Chapter 2 (commencing with Section
41000) and Chapter 3 (commencing with Section 41300) of Part
2.

(d) A retail establishment that elects to comply with this chapter
pursuant to paragraph (5) of subdivision (g) of Section 42280 shall
establish an at-store recycling program in accordance with this
section.

begin insert 42284. end insert   

The department may establish a registration fee to be
paid by a retail establishment that elects to comply with the
requirements imposed pursuant to this chapter upon a store
pursuant to paragraph (5) of subdivision (g) of Section 42280.
The department shall set the amount of the fee in an amount that
covers the costs to the department to regulate the fee payer’s
compliance with this chapter. The department may expend the fees
pursuant to this section, upon appropriation by the Legislature,
to carry out that regulatory authority.

 

Article begin insert 4. end insert   Enforcement

 

begin insert 42285. end insert   

(a) Except as provided in Section 42282.2, 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) The remedies provided by this section shall not be exclusive
and shall be in addition to the remedies that may be available
pursuant to Chapter 5 (commencing with Section 17200) of Part
2 of Division 7 of the Business and Professions Code.

 

Article begin insert 5. end insert   Preemption

 

begin insert 42287. end insert   

(a) Except as provided in subdivision (c), this chapter
is a matter of statewide interest and concern and is applicable
uniformly throughout the state. Accordingly, this chapter occupies
the whole field of regulation of reusable grocery bags, single-use
carryout bags, and recycled paper bags, as defined in this chapter.

(b) On and after January 1, 2015, a city, county, or other local
public agency shall not enforce, or otherwise implement, an
ordinance, resolution, regulation, or rule adopted on or after
September 1, 2014, relating to reusable grocery bags, single-use
carryout bags, or recycled paper bags, against a store, as defined
in this chapter, unless expressly authorized by this chapter.

(c) A city, county, or other local public agency that has adopted,
prior to September 1, 2014, an ordinance, resolution, regulation,
or rule relating to reusable grocery bags, single-use carryout bags,
or recycled paper bags may continue to enforce and implement
that ordinance, resolution, regulation, or rule that was in effect
before that date. Any amendments to that ordinance, resolution,
regulation, or rule on or after January 1, 2015, shall be subject
to subdivision (b), except any city, county, or other local public
agency may adopt or amend an ordinance, resolution, regulation,
or rule with regard to the amount that a store shall charge with
regard to a recycled paper bag, compostable bag, or reusable
grocery bag.

 

Article begin insert 6. end insert   Financial Provisions

 

begin insert 42288. end insert   

(a) Notwithstanding Section 42023.2, the sum of two
million dollars ($2,000,000) is hereby appropriated from the
Recycling Market Development Revolving Loan Subaccount in the
Integrated Waste Management Account to the department for the
purposes of providing loans and grants for the creation and
retention of jobs and economic activity in this state for the
manufacture and recycling of plastic reusable grocery bags that
use recycled content, including postconsumer recycled material.

(b) The department shall expend the funds appropriated
pursuant to this section to provide loans and grants for both of
the following:

(1) Development and conversion of machinery and facilities for
the manufacture of single-use plastic bags into machinery and
facilities for the manufacturer of durable reusable grocery bags
that, at a minimum, meet the requirements of Section 42281.

(2) Development of equipment for the manufacture of reusable
grocery bags, that, at a minimum, meet the requirements of Section
42281.

(c)  A recipient of a grant authorized by this section shall agree,
as a condition of receiving a grant, to retain and retrain existing
employees for the manufacturing of reusable grocery bags that,
at a minimum, meet the requirements of Section 42281.

end insert

begin delete

SECTION 1.  

Section 106.5 is added to the Labor Code, to
read:

106.5.  

Agencies participating in the Joint Enforcement Strike
Force, established pursuant to Section 329 of the Unemployment
Insurance Code, and the Labor Enforcement Task Force,
established by the department, shall, to the degree feasible,
coordinate their law enforcement activities and shall exchange
information to better facilitate their law enforcement activities.

end delete