Amended in Assembly March 27, 2014

Amended in Assembly February 6, 2014

Senate Bill No. 270

Introduced by Senators Padilla, De León, and Lara

February 14, 2013

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.

LEGISLATIVE COUNSEL’S DIGEST

SB 270, as amended, Padilla. Solid waste: single-use carryout bags.

(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.

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 begin delete a store end delete begin insert those stores end insert 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 begin delete such a store end delete begin insert those stores end insert , 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.

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.

The bill would allow a retail establishment to voluntarily comply with these requirements, if the retail establishment notifies the begin delete department and pays a registration fee established by the end delete department. begin insert The bill would require the department to post on its Internet Web site, organized by county, the name and physical location of each retail establishment that has elected to comply with these requirements. end insert

The bill would require the operator of a store that has a specified amount of sales in dollars or retail floor begin delete space, in addition to complying end delete begin insert space and a retail establishment that voluntarily complies with the requirements of this bill to comply end insert with begin insert both the end insert existing begin delete 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 delete begin insert at-store recycling program requirements and the requirements of this bill end insert .

The bill would begin delete require certain stores selling a reusable grocery bag end delete begin insert require, end insert on and after July 1, 2015, begin insert a reusable grocery bag sold by certain stores end insert to a customer at the point of sale begin insert to be made by a certified reusable grocery bag producer and end insert 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 begin insert reusable end insert plastic begin insert film end insert 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.

The bill would prohibit a producer of reusable grocery bags made from begin delete specified plastics end delete begin insert reusable plastic film end insert from selling or distributing those bags on and after January 1, 2016, unless the producer is certified by begin delete the Department of Resources Recycling and Recovery end delete begin insert a 3rd-party certification entity, as specified, and would require a supplier of postconsumer recycled material to the reusable grocery bag producer to be certified by a 3rd-party certification entity end insert . The bill would require begin delete 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 delete begin insert a reusable grocery bag producer and a supplier of postconsumer recycled material to a producer to provide proof of certification to the department. The bill would require the department to provide a system to receive proofs of certification online end 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 begin delete suppliers and end delete begin insert suppliers, end insert reusable grocery bags that comply with the requirements of the begin delete bill end delete begin insert bill, and 3rd-party certification entities recognized by the department end insert . The bill would require the department to establish a certification fee schedule to cover the department’s costs to implement these begin insert certification end insert requirements, which a reusable grocery bag producer or supplier begin delete applying for certification would be required to pay end delete begin insert providing proof to the department of certification would be required to pay end insert . The bill would also require a reusable grocery bag producer to submit specified laboratory test results to the department. begin insert The bill would authorize a person to object to a certification of a reusable grocery bag producer or supplier of postconsumer recycled material and would authorize a person to file an action for review of that certification in the superior court of a county that has jurisdiction over the reusable grocery bag producer or supplier. end insert

begin delete

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 delete

The bill would allow a city, county, or city and county, or the state to impose civil penalties begin delete for a end delete begin insert on a person or entity that knows or reasonably should have known end insert begin insert it is in end insert violation of the bill’s begin delete requirements, except as specified end delete begin insert requirements end insert . 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 delete The bill would provide that these remedies are not exclusive, as specified. end delete

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 begin insert provided by a store end insert and would prohibit a local public agency from enforcing or implementing an ordinance, resolution, regulation, or rule begin insert , or any amendment thereto, end insert 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 begin delete a end delete begin insert the end insert local public agency to adopt or amend an ordinance, resolution, regulation, or rule begin delete setting a end delete begin insert increasing the end insert price for a recycled paper bag, compostable bag, or reusable grocery bag begin insert to no less than a specified amount end 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.

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.

Vote: majority. Appropriation: yes. 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.  

(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).

begin insert

(f) “Reusable plastic film” means a continuous sheet of
polyethylene with a thickness of not less than 2.25 mils measured
according to American Society of Testing and Materials (ASTM)
Standard D6988, or an alternative methodology approved by the
department.

end insert begin delete

(f)

end delete

begin insert (g) end insert  (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.

begin insert

(C) A bag provided to contain an unwrapped food item.

end insert begin insert

(D) A nonhandled bag that is designed to be placed over articles
of clothing on a hanger.

end insert begin delete

(g)

end delete

begin insert (h) end insert  “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 begin delete pays
the end delete begin delete registration fee that may be end delete begin insert complies with the requirements end insert
established pursuant to Section 42284.

 

Article 2.  Reusable Grocery Bags

 

42281.  

(a) On and after July 1, 2015, a store, as defined in
paragraph (1) or (2) of subdivision begin delete (g) end delete begin insert (h) end insert of Section 42280, may
sell or distribute a reusable grocery bag to a customer at the point
of sale only if the reusable bag begin delete meets end delete begin insert is made by a producer
certified pursuant to this article and meets end insert all of the following
requirements:

(1) Has a handle and is designed for at least 125 begin delete 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: end delete

begin delete

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

end delete

begin delete (B) end delete begin delete   end delete begin delete 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. end delete begin insert uses, as provided in this article. end insert

(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)  begin delete Instructions end delete begin insert If the bag is eligible for recycling in the state,
instructions end insert to return the bag to the store for recycling or to another
appropriate recycling begin delete location, if applicable end delete begin insert location. If recyclable
in the state, the bag shall include the chasing arrows recycling
symbol or the term “recyclable,” consistent with the Federal Trade
Commission guidelines use of that term, as updated end insert .

(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)  begin insert (1) end insert begin insert   end insert In addition to the requirements in subdivision (a), a
reusable grocery bag made from begin delete plastic, including sheet, woven,
or nonwoven plastic, end delete begin insert reusable plastic film end insert shall meet all of the
following requirements:

begin delete

(1)

end delete

begin insert (A) end insert  On and after January 1, 2016, begin insert it shall end insert be made from a
minimum of 20 percent postconsumer recycled begin delete material, end delete begin insert material. end insert

begin delete

(2)

end delete

begin insert (B) end insert  On and after January 1, 2020, begin insert it shall end insert be made from a
minimum of 40 percent postconsumer recycled material.

begin delete

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

end delete begin insert

(C)  It shall be recyclable in this state, and accepted for return
at stores subject to the at-store recycling program (Chapter 5.1
(commencing with Section 42250)) for recycling.

end insert begin delete

(4)

end delete

begin insert (D) end insert   begin delete In end delete begin insert It shall have, in end insert 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 begin insert recycled end insert material, as applicable, begin delete as well as end delete begin insert and end insert
stating the begin insert applicable end insert percentage.

begin insert

(E) It shall be capable of carrying 22 pounds for 125 uses or
more and be at least 2.25 mils thick.

end insert begin insert

(2) A reusable grocery bag made from reusable plastic film that
meets the specifications of the American Society of Testing and
Materials (ASTM) International Standard Specification for
Compostable Plastics D6400, as updated, is not required to meet
the requirements of subparagraph (A) or (B) of paragraph (1), but
shall be labeled in accordance with the applicable state law
regarding compostable plastics.

end insert begin insert

(c) In addition to the requirements of subdivision (a), a reusable
grocery bag that is not made of reusable plastic film and that is
made from any other natural or synthetic fabric, including, but
not limited to, woven or nonwoven nylon, polypropylene,
polyethylene-terephthalate, or Tyvek, shall satisfy all of the
following:

end insert begin insert

(1) It shall be sewn.

end insert begin insert

(2) It shall be capable of carrying 22 pounds 125 times over a
distance of 175 feet.

end insert begin insert

(3) It shall have a minimum fabric weight of at least 80 grams
per square meter.

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

end delete

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

42281.5.  

(a) On and after January 1, 2016, a producer of
begin delete polyethylene, polypropylene, or polyethylene terephthalate end delete reusable
grocery bags begin insert made from reusable plastic film end insert shall not sell or
distribute a reusable grocery bag in this state unless the producer
is certified begin delete 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 end delete begin insert by a third-party certification entity pursuant
to Section 42282. A producer shall provide proof of certification
to the department demonstrating that the reusable grocery bags
produced by the producer comply with the provisions of this article.
The proof of certification end insert shall include all of the following:

(1) Names, locations, and contact information of all sources begin insert of
postconsumer recycled material end insert and suppliers of postconsumer
recycled material begin delete . Except as provided in subdivision (c), the
supplier shall be certified by the department as a post-consumer
recycled material supplier end delete begin insert that have been certified end insert pursuant to
begin delete subdivision (b) end delete begin insert Section 42282 end insert .

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

(3) Any other information that the department may require to
enable verification of the information provided in the begin delete application end delete
begin insert proof of certification end insert .

(b) A supplier of begin insert postconsumer recycled end insert material to a begin insert reusable
grocery bag end insert producer begin delete 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 end delete begin insert shall be certified pursuant
to Section 42282 and shall provide information regarding end insert the
methods of collecting and processing the postconsumer recycled
begin delete material, including end delete begin insert material to a third-party certification entity.
The information shall include end insert all of the following:

(1) How the postconsumer begin insert recycled end insert material is obtained.

(2)  begin delete Washing equipment, including end delete begin insert Information demonstrating
that all postconsumer recycled material is cleaned using washing
equipment specifically designed for that purpose, including end insert the
name of the maker, model, description, photographs, and exact
locations of the equipment.

(3) Any other information that the department begin insert or certification
entity end insert may require to enable verification of the information
provided begin delete in the application end delete begin insert by the supplier end insert .

begin delete

(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.

end delete

42282.  

(a)  begin delete Upon request by the department, a end delete begin insert On a schedule
and in a manner determined by the department, a reusable grocery
bag producer and a supplier of postconsumer recycled material
shall provide to the department proof of certification conducted
by a third-party certification entity 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, at the
point of sale, that meets all the applicable requirements of this
article. The proof of certification shall be accompanied by a
certification fee, established pursuant to Section 42282.1. end insert

begin insert

(b) A third-party certification entity shall be an independent,
accredited (ISO/IEC 17025) laboratory that is recognized by the
department.

end insert begin insert

(c) For a reusable grocery bag producer, a third-party
certification entity shall certify that the producer’s reusable
grocery bags meet the minimum 125-use requirement using one
of the following standards:

end insert begin insert

(1) The EcoLogo ATP-001 standards for durability, as those
standards existed on November 7, 1995.

end insert begin insert

(2) For a reusable grocery bag made from reusable plastic film,
the Reusable Bag Test Method, developed by Dr. Joseph Greene
of the California State University, Chico, as that test method existed
on April 17, 2012.

end insert begin insert

(3) An alternative compliance methodology approved by the
department.

end insert begin insert

(d) For a supplier of postconsumer recycled content, a
third-party certification entity shall certify that the supplier has
complied with subdivision (b) of Section 42281.5.

end insert begin insert

(e) The department shall provide a system to receive proofs of
certification online.

end insert begin insert

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

end insert begin insert

(1) The name, location, and appropriate contact information
of certified reusable grocery bag producers.

end insert begin insert

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

end insert begin insert

(3) A list of third-party certification entities that are recognized
by the department, including the Department of Mechanical and
Mechatronic Engineering and Sustainable Manufacturing of the
California State University, Chico, which shall be recognized as
a third-party certification entity.

end insert begin insert

(4) A list of certified suppliers of postconsumer recycled
material.

end insert

begin insert (g) end insert begin insert   end insert begin insert A end insert reusable grocery bag producer shall submit laboratory test
results begin delete from independent, accredited (ISO/IEC 17025) laboratories end delete
to the department confirming that the reusable grocery bag meets
the requirements of begin delete Section 42281 end delete begin insert this article end insert 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.

begin delete

(b)

end delete

begin insert (h) end insert  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.

begin delete

(c)

end delete

begin insert (i) end insert  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.

begin delete

(d)

end delete

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

begin insert

(k) (1) A person may object to the certification of a reusable
grocery bag producer or a supplier of postconsumer recycled
material.

end insert begin insert

(2) The department shall accept objections pursuant to
paragraph (1) and other public comments and may respond to
these in writing.

end insert begin insert

(3) A person objecting to a certification pursuant to this
subdivision may file an action for review of that certification in
the superior court of a county that has jurisdiction over the
reusable grocery bag producer or postconsumer recycled material
supplier. The court may make its own independent findings on
whether the department, in accepting the proof of certification,
obtained verified evidence of compliance, and may consider
evidence that was not submitted to the department.

end insert begin insert

(l) The department may suspend or revoke a certification of a
reusable grocery bag producer or supplier of postconsumer
recycled material if the department finds there is evidence that the
reusable grocery bags distributed by the producer do not comply
with the requirements of this article, or that the supplier of
postconsumer recycled material does not comply with the
requirements of this article.

end insert

42282.1.  

(a) A reusable grocery bag producer or supplier begin insert of
postconsumer recycled material end insert shall submit the fee established
pursuant to subdivision (b) to the department when begin delete making an
application for end delete begin insert providing proof of end insert certification begin insert pursuant to Sections
42281.5 and 42282 end insert .

(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 begin insert the
certification provisions of end insert this article. The department may expend
the fees collected pursuant to this section, upon appropriation by
the Legislature, to carry out this article.

begin delete

42282.2.  

(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.

42282.3.  

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.

end delete

 

Article 3.  Single-Use Carryout Bags

 

42283.  

(a) Except as provided in begin delete subdivisions (d) and end delete
begin insert subdivision end insert (e), on and after July 1, 2015, a store, as defined in
paragraph (1) or (2) of subdivision begin delete (g) end delete begin insert (h) end insert 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 begin delete store end delete begin insert store, as defined in
paragraph (1) or (2) of subdivision (h) of Section 42280, end insert 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 begin delete store end delete begin insert store, as defined in
paragraph (1) or (2) of subdivision (h) of Section 42280, end insert 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 begin delete store end delete begin insert store, as defined in
paragraph (1) or (2) of subdivision (h) of Section 42280, end insert 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 begin delete store end delete begin insert store, as defined in
paragraph (1) or (2) of subdivision (h) of Section 42280, end insert shall not
sell or distribute a recycled paper bag except as provided in this
subdivision.

(2) A begin delete store end delete begin insert store, as defined in paragraph (1) or (2) of
subdivision (h) of Section 42280, end insert 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 begin delete store end delete begin insert store, as defined in paragraph (1) or (2) of subdivision (h)
of Section 42280, end insert 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 begin delete store end delete begin insert store, as defined in
paragraph (1) or (2) of subdivision (h) of Section 42280, end insert 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) begin insert International end insert
Standard Specification for Compostable Plastics D6400, begin insert as
updated, end insert 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 begin delete a end delete 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 begin delete store end delete begin insert store, as defined in paragraph (1) or (2) of
subdivision (h) of Section 42280, end insert 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.

42283.5.  

On and after July 1, 2016, a store, as defined in
paragraph (3) or (4) of subdivision begin delete (g) end delete begin insert (h) end insert 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 begin delete (g) end delete begin insert (h) end insert of Section begin delete 42880. end delete begin insert 42280. end insert

42283.6.  

begin insert (a) end insert begin insert   end insert The operator of a store, as defined in paragraph
(1) or (2) of subdivision begin delete (g) end delete begin insert (h) end insert of Section begin delete 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: end delete begin insert 42280, shall be subject to the provisions of both the
at-store recycling program (Chapter 5.1 (commencing with Section
42250)) and the provisions of this chapter. end insert

begin insert

(b) A store that voluntarily agrees to comply with the provisions
of this article pursuant to subdivision (h) of Section 42280, shall
also comply with the provisions of the at-store recycling program
(Chapter 5.1 (commencing with Section 42250)).

end insert begin delete

(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.

end delete

begin delete

42284.  

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.

end delete begin insert

begin insert 42284. end insert   

(a) A retail establishment not specifically required to
comply with the requirements of this chapter is encouraged to
reduce its distribution of single-use plastic carryout bags.

(b) Pursuant to the provisions of subdivision (h) of Section
42280, any retail establishment that is not a “store,” that provides
the department with the written notice as specified in subdivision
(c), shall be regulated as a “store” for the purposes of this chapter.

(c) The written notice shall be dated and signed by an authorized
representative of the retail establishment, and shall include the
name and physical address of all retail locations covered by the
notice. The department shall acknowledge receipt of the notice in
writing and shall specify the date the retail establishment will be
regulated as a “store,” which shall not be less than 30 days after
the date of the department’s acknowledgment. The department
shall post on its Internet Web site, organized by county, the name
and physical location or locations of each retail establishment
that has elected to be regulated as a “store.”

end insert

 

Article 4.  Enforcement

 

42285.  

(a)  begin delete Except as provided in Section 42282.2, a end delete begin insert A end insert city, a
county, a city and county, or the state may impose civil liability
begin insert on a person or entity that knowingly violated this chapter, or
reasonably should have known that it violated this chapter, end insert 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.

begin delete

(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.

end delete

 

Article 5.  Preemption

 

42287.  

(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 begin delete chapter. end delete
begin insert chapter, provided by a store, as defined in this chapter. end insert

(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 begin insert , or any amendment
thereto, end insert 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 begin delete any end delete begin insert the end insert city, county, or other local public
agency may adopt or amend an ordinance, resolution, regulation,
or rule begin delete with regard end delete to begin insert increase end insert the amount that a store shall charge
with regard to a recycled paper bag, compostable bag, or reusable
grocery bag begin insert to no less than the amount specified in Section 42283 end insert .

 

Article 6.  Financial Provisions

 

42288.  

(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.

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CORRECTIONS:

Text--Pages 8, 9, 12, 13, and 18.

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