Amended in Assembly May 20, 2014

Amended in Assembly March 27, 2014

Amended in Assembly February 6, 2014

Senate BillNo. 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 those stores 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 those stores, 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 department. 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.

The bill would require the operator of a store that has a specified amount of sales in dollars or retail floor space and a retail establishment that voluntarily complies with the requirements of this bill to comply withbegin delete bothend delete the existing at-store recycling programbegin delete requirements and the requirements of this billend deletebegin insert requirementsend insert.

The bill would require, on and after July 1, 2015, a reusable grocery bag sold by certain stores to a customer at the point of sale to be made by a certified reusable grocery bag producer and to meet specified requirements with regard to the bag’s durability, material, labeling, heavy metal content, and, with regard to reusable grocery bags made frombegin delete reusableend delete plastic film 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 frombegin delete reusableend delete plastic film from selling or distributing those bags on and after January 1, 2016, unless the producer is certified by a 3rd-party certification entity, asbegin delete specified, and would require a supplier of postconsumer recycled material to the reusable grocery bag producer to be certified by a 3rd-party certification entityend deletebegin insert specifiedend insert. The bill would require a reusable grocery bag producerbegin delete and a supplier of postconsumer recycled material to a producerend delete to provide proof of certification to the department. The bill would require the department to provide a system to receive proofs of certification online.

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 bagbegin delete producers and suppliersend deletebegin insert producersend insert, reusable grocery bags that comply with the requirements of the bill, and 3rd-party certificationbegin delete entities recognized by the departmentend deletebegin insert entitiesend insert. The bill would require the department to establish a certification fee schedule to cover the department’s costs to implement these certification requirements, which a reusable grocery bag producerbegin delete or supplierend delete providing proof to the department of 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. The bill would authorize a person to object to a certification of a reusable grocery bag producerbegin delete or supplier of postconsumer recycled materialend delete 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 bagbegin delete producer or supplierend deletebegin insert producerend insert.

The bill would allow a city, county, or city and county, or the state to impose civil penalties on a person or entity that knows or reasonably should have known it is in violation of the bill’s requirements. 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 declare that it occupies the whole field of the regulation of reusable grocery bags, single-use carryout bags, and recycled paper bags provided by a store and would prohibit a local public agency from enforcing or implementing an ordinance, resolution, regulation, or rule, or any amendment thereto, adopted on or after September 1, 2014, relating to those bags, against a storebegin delete unless expressly authorizedend deletebegin insert, except as providedend insert.begin delete 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 the local public agency to adopt or amend an ordinance, resolution, regulation, or rule increasing the price for a recycled paper bag, compostable bag, or reusable grocery bag to no less than a specified amount.end delete

begin delete

(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 delete

This bill would appropriate $2,000,000 frombegin delete the Recycling Market Development Revolving Loan Subaccount in the Integrated Waste Management Accountend deletebegin insert an unspecified fund that excludes sources of revenues that are General Fund moneys for purposes of the California Constitutionend insert 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 grantbegin insert or loanend insert to agree, as a condition of receiving a grantbegin insert or loanend insert, 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:

P4    1

SECTION 1.  

Chapter 5.3 (commencing with Section 42280)
2is added to Part 3 of Division 30 of the Public Resources Code, to
3read:

4 

5Chapter  5.3. Single-Use Carryout Bags
6

6 

7Article 1.  Definitions
8

 

9

42280.  

(a) “Department” means the Department of Resources
10Recycling and Recovery.

11(b) “Postconsumer recycled material” means a material that
12would otherwise be destined for solid waste disposal, having
13completed its intended end use and product life cycle.
14Postconsumer recycled material does not include materials and
15byproducts generated from, and commonly reused within, an
16original manufacturing and fabrication process.

17(c) “Recycled paper bag” means a paper carryout bag provided
18by a store to a customer at the point of sale that meets all of the
19following requirements:

20(1) (A) Except as provided in subparagraph (B), contains a
21minimum of 40 percent postconsumer recycled materials.

22(B) An eight pound or smaller recycled paper bag shall contain
23a minimum of 20 percent postconsumer recycled material.

P5    1(2) Is accepted for recycling in curbside programs in a majority
2of households that have access to curbside recycling programs in
3the state.

4(3) Has printed on the bag the name of the manufacturer, the
5country where the bag was manufactured, and the minimum
6percentage of postconsumer content.

7(d) “Reusable grocery bag” means a bag that is provided by a
8store to a customer at the point of sale that meets the requirements
9of Section 42281.

10(e) (1) “Reusable grocery bag producer” means a person or
11entity that does any of the following:

12(A) Manufactures reusable grocery bags for sale or distribution
13to a store.

14(B) Imports reusable grocery bags into this state, for sale or
15distribution to a store.

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

17(2) “Reusable grocery bag producer” does not include a store,
18with regard to a reusable grocery bag for which there is a
19manufacturer or importer, as specified in subparagraph (A) or (B)
20of paragraph (1).

begin delete

21(f) “Reusable plastic film” means a continuous sheet of
22polyethylene with a thickness of not less than 2.25 mils measured
23 according to American Society of Testing and Materials (ASTM)
24Standard D6988, or an alternative methodology approved by the
25department.

26(g)

end delete

27begin insert(f)end insert (1) “Single-use carryout bag” means a bag made of plastic,
28paper, or other material that is provided by a store to a customer
29at the point of sale and that is not a recycled paper bag or a reusable
30grocery bag that meets the requirements of Section 42281.

31(2) A single-use carryout bag does not include either of the
32following:

33(A) A bag provided by a pharmacy pursuant to Chapter 9
34(commencing with Section 4000) of Division 2 of the Business
35and Professions Code to a customer purchasing a prescription
36medication.

37(B) A nonhandled bag used to protect a purchased item from
38damaging or contaminating other purchased items when placed in
39a recycled paper bag, a reusable grocery bag, or a compostable
40plastic bag.

P6    1(C) A bag provided to contain an unwrapped food item.

2(D) A nonhandled bag that is designed to be placed over articles
3of clothing on a hanger.

begin delete

4(h)

end delete

5begin insert(g)end insert “Store” means a retail establishment that meets any of the
6following requirements:

7(1) A full-line, self-service retail store with gross annual sales
8of two million dollars ($2,000,000) or more that sells a line of dry
9groceries, canned goods, or nonfood items, and some perishable
10items.

11(2) Has at least 10,000 square feet of retail space that generates
12sales or use tax pursuant to the Bradley-Burns Uniform Local Sales
13and Use Tax Law (Part 1.5 (commencing with Section 7200) of
14Division 2 of the Revenue and Taxation Code) and has a pharmacy
15licensed pursuant to Chapter 9 (commencing with Section 4000)
16of Division 2 of the Business and Professions Code.

17(3) Is a convenience food store, foodmart, or other entity that
18is engaged in the retail sale of a limited line of goods, generally
19including milk, bread, soda, and snack foods, and that holds a Type
2020 or Type 21 license issued by the Department of Alcoholic
21Beverage Control.

22(4) Is a convenience food store, foodmart, or other entity that
23is engaged in the retail sale of goods intended to be consumed off
24the premises, and that holds a Type 20 or Type 21 license issued
25by the Department of Alcoholic Beverage Control.

26(5) Is not otherwise subject to paragraph (1), (2), (3), or (4), if
27the retail establishment voluntarily agrees to comply with the
28requirements imposed upon a store pursuant to this chapter, notifies
29the department of its intent to comply with the requirements
30imposed upon a store pursuant to this chapter, and complies with
31the requirements established pursuant to Section 42284.

32 

33Article 2.  Reusable Grocery Bags
34

 

35

42281.  

(a) On and after July 1, 2015, a store, as defined in
36paragraph (1) or (2) of subdivisionbegin delete (h)end deletebegin insert (g)end insert of Section 42280, may
37sell or distribute a reusable grocery bag to a customer at the point
38of sale only if the reusable bag is made by a producer certified
39pursuant to this article and meets all of the following requirements:

40(1) Has a handle and is designed for at least 125

P7    1 uses, as provided in this article.

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

3(3)  Is machine washable or made from a material that can be
4cleaned and disinfected.

5(4)  Has printed on the bag, or on a tag attached to the bag that
6is not intended to be removed, and in a manner visible to the
7consumer, all of the following information:

8(A) The name of the manufacturer.

9(B) The country where the bag was manufactured.

10(C) A statement that the bag is a reusable bag and designed for
11at least 125 uses.

12(D) If the bag is eligible for recycling in the state, instructions
13 to return the bag to the store for recycling or to another appropriate
14recycling location. If recyclable in the state, the bag shall include
15the chasing arrows recycling symbol or the term “recyclable,”
16consistent with the Federal Trade Commission guidelines use of
17that term, as updated.

18(5) Does not contain lead, cadmium, or any otherbegin delete heavy metal
19in toxic amountsend delete
begin insert toxic material that may pose a threat to public
20health. A reusable bag manufacturer may demonstrate compliance
21with this requirement by obtaining a no objection letter from the
22federal Food and Drug Administrationend insert
. This requirement shall not
23affect any authority of the Department of Toxic Substances Control
24pursuant to Article 14 (commencing with Section 25251) of
25Chapter 6.5 of Division 20 of the Health and Safety Code and,
26notwithstanding subdivision (c) of Section 25257.1 of the Health
27and Safety Code, the reusable grocery bag shall not be considered
28as a product category already regulated or subject to regulation.

29(6) Complies with Section 260.12 of Part 260 of Title 16 of the
30Code of Federal Regulations related to recyclable claims if the
31reusable grocery bag producer makes a claim that the reusable
32grocery bag is recyclable.

33(b) (1) In addition to the requirements in subdivision (a), a
34reusable grocery bag made frombegin delete reusableend delete plastic film shall meet
35all of the following requirements:

36(A) On and after January 1, 2016, it shall be made from a
37minimum of 20 percent postconsumer recycled material.

38(B) On and after January 1, 2020, it shall be made from a
39minimum of 40 percent postconsumer recycled material.

P8    1(C) It shall be recyclable in this state, and accepted for return
2at stores subject to the at-store recycling program (Chapter 5.1
3(commencing with Section 42250)) for recycling.

4(D) It shall have, in addition to the information required to be
5printed on the bag or on a tag, pursuant to paragraph (4) of
6subdivision (a), a statement that the bag is made partly or wholly
7from postconsumer recycledbegin delete material, as applicable,end deletebegin insert materialend insert and
8stating thebegin delete applicable percentageend deletebegin insert postconsumer recycled material
9content percentage, as applicableend insert
.

10(E) It shall be capable of carrying 22 pounds for 125 uses or
11morebegin insert over a distance of 175 feetend insert and be at least 2.25 milsbegin delete thick.end delete
12begin insert thick, measured according to the American Society of Testing and
13Materials (ASTM) Standard D6988-13 or an alternative
14methodology approved by the department.end insert

15(2) A reusable grocery bag made frombegin delete reusableend delete plastic film that
16meets the specifications of the American Society of Testing and
17Materials (ASTM) International Standard Specification for
18 Compostable Plastics D6400, as updated, is not required to meet
19the requirements of subparagraph (A) or (B) of paragraph (1), but
20shall be labeled in accordance with the applicable state law
21regarding compostable plastics.

22(c) In addition to the requirements of subdivision (a), a reusable
23grocery bag that is not made ofbegin delete reusableend delete plastic film and that is
24made from any other natural or synthetic fabric, including, but not
25limited to, woven or nonwoven nylon, polypropylene,
26polyethylene-terephthalate, or Tyvek, shall satisfy all of the
27following:

28(1) It shall be sewn.

29(2) It shall be capable of carrying 22 pounds 125 times over a
30 distance of 175 feet.

31(3) It shall have a minimum fabric weight of at least 80 grams
32per square meter.

33(d) On and after July 1, 2016, a store as defined in paragraph
34begin delete (3) or (4)end deletebegin insert (3), (4), or (5)end insert of subdivisionbegin delete (h)end deletebegin insert (g)end insert of Section 42280,
35shall comply with the requirements of this section.

36

42281.5.  

begin delete(a)end deletebegin deleteend deleteOn and after January 1, 2016, a producer of
37reusable grocery bags made frombegin delete reusableend delete plastic film shall not
38sell or distribute a reusable grocery bag in this state unless the
39producer is certified by a third-party certification entity pursuant
40to Section 42282. A producer shall provide proof of certification
P9    1to the department demonstrating that the reusable grocery bags
2produced by the producer comply with the provisions of this article.
3The proof of certification shall include all of the following:

begin delete

4(1)

end delete

5begin insert(a)end insert Names, locations, and contact information of all sources of
6postconsumer recycled material and suppliers of postconsumer
7recycled begin delete material that have been certified pursuant to Section 42282end delete
8begin insert materialend insert.

begin delete

9(2)

end delete

10begin insert(b)end insert Quantity and dates of postconsumer recycled material
11purchases by the reusable grocery bag producer.

begin insert

12(c) How the postconsumer recycled material is obtained.

end insert
begin insert

13(d) Information demonstrating that the postconsumer recycled
14material is cleaned using appropriate washing equipment.

end insert
begin delete

15(3)

end delete

16begin insert(e)end insert Any other information that the department may require to
17enable verification of the information provided in the proof of
18certification.

begin delete

19(b) A supplier of postconsumer recycled material to a reusable
20grocery bag producer shall be certified pursuant to Section 42282
21and shall provide information regarding the methods of collecting
22and processing the postconsumer recycled material to a third-party
23certification entity. The information shall include all of the
24following:

25(1) How the postconsumer recycled material is obtained.

26(2) Information demonstrating that all postconsumer recycled
27material is cleaned using washing equipment specifically designed
28for that purpose, including the name of the maker, model,
29description, photographs, and exact locations of the equipment.

30(3) Any other information that the department or certification
31entity may require to enable verification of the information
32provided by the supplier.

end delete
33

42282.  

(a) On a schedule and in a manner determined by the
34department, a reusable grocery bag producerbegin delete and a supplier of
35postconsumer recycled materialend delete
shall provide to the department
36proof of certification conducted by a third-party certification entity
37for each type of reusable grocery bag that is manufactured,
38imported, sold, or distributed in the state and provided to a store
39for sale or distribution, at the point of sale, that meets all the
40applicable requirements of this article. The proof of certification
P10   1shall be accompanied by a certification fee, established pursuant
2to Section 42282.1.

3(b) A third-party certification entity shall bebegin delete anend deletebegin insert one of the
4following:end insert

5begin insert(1)end insertbegin insertend insertbegin insertAnend insert independent, accredited (ISO/IEC 17025)begin delete laboratory that
6is recognized by the departmentend delete
begin insert laboratoryend insert.

begin insert

7(2) The Department of Mechanical and Mechatronic
8Engineering and Sustainable Manufacturing of the California
9State University, Chico.

end insert
begin insert

10(3) A certification entity that is approved by the department.

end insert

11(c) begin deleteFor a reusable grocery bag producer, a end deletebegin insertA end insertthird-party
12certification entity shall certify that the producer’s reusable grocery
13bags meet the minimum 125-use requirement using one of the
14following standards:

15(1) The EcoLogo ATP-001 standards for durability, as those
16standards existed on November 7, 1995.

17(2) For a reusable grocery bag made frombegin delete reusableend delete plastic film,
18the Reusable Bag Test Method, developed by Dr. Joseph Greene
19of the California State University, Chico, as that test method existed
20on April 17, 2012.

21(3) An alternative compliance methodology approved by the
22department.

begin delete

23(d) For a supplier of postconsumer recycled content, a third-party
24certification entity shall certify that the supplier has complied with
25subdivision (b) of Section 42281.5.

end delete
begin delete

26(e)

end delete

27begin insert(d)end insert The department shall provide a system to receive proofs of
28certification online.

begin delete

29(f)

end delete

30begin insert(e)end insert On and after July 1, 2016, the department shall publish a list
31on its Internet Web site that includes all of the following:

32(1) The name, location, and appropriate contact information of
33certified reusable grocery bag producers.

34(2) The reusable grocery bags that are in compliance with this
35article.

36(3) A list of third-party certificationbegin delete entities that are recognized
37by the department, including the Department of Mechanical and
38Mechatronic Engineering and Sustainable Manufacturing of the
39California State University, Chico, which shall be recognized as
40a third-party certification entityend delete
begin insert entitiesend insert.

begin delete

P11   1(4) A list of certified suppliers of postconsumer recycled
2material.

end delete
begin delete

3(g)

end delete

4begin insert(f)end insert A reusable grocery bag producer shall submit laboratory test
5results to the department confirming that the reusable grocery bag
6meets the requirements of this article for each type of reusable
7grocery bag that is manufactured, imported, sold, or distributed in
8the state and provided to a store for sale or distribution.

begin delete

9(h)

end delete

10begin insert(g)end insert The department may test any reusable grocery bag
11manufactured by a reusable grocery bag producer and provided to
12a store for sale or distribution for compliance with this article and
13the regulations adopted pursuant to this article.

begin delete

14(i)

end delete

15begin insert(h)end insert The department may inspect and audit a certified reusable
16grocery bag producer subject to this article to ensure continuing
17compliance with Section 42281. All costs associated with the audit
18shall be paid by the reusable grocery bag producer.

begin delete

19(j)

end delete

20begin insert(i)end insert The department may enter into an agreement with other state
21entities that conduct inspections to provide necessary enforcement
22of this article.

begin delete

23(k)

end delete

24begin insert(j)end insert (1) A person may object to the certification of a reusable
25grocery bag begin delete producer or a supplier of postconsumer recycled
26materialend delete
begin insert producerend insert.

27(2) The department shall accept objections pursuant to paragraph
28(1) and other public comments and may respond to thesebegin insert objections
29and commentsend insert
in writing.

30(3) A person objecting to a certification pursuant to this
31subdivision may file an action for review of that certification in
32the superior court of a county that has jurisdiction over the reusable
33grocery bagbegin delete producer or postconsumer recycled material supplierend delete
34begin insert producerend insert. The court may make its own independent findings on
35whether the department, in accepting the proof of certification,
36obtained verified evidence of compliance, and may consider
37evidence that was not submitted to the department.

begin delete

38(l)

end delete

39begin insert(k)end insert The department may suspend or revoke a certification of a
40 reusable grocery bag producerbegin delete or supplier of postconsumer recycled
P12   1materialend delete
if the department finds there is evidence that the reusable
2grocery bags distributed by the producer do not comply with the
3requirements of thisbegin delete article, or that the supplier of postconsumer
4recycled material does not comply with the requirements of thisend delete

5 article.

6

42282.1.  

(a) A reusable grocery bag producerbegin delete or supplier of
7postconsumer recycled materialend delete
shall submit the fee established
8pursuant to subdivision (b) to the department when providing proof
9of certification pursuant to Sections 42281.5 and 42282.

10(b) The department shall establish a certification fee schedule
11that will generate fee revenues sufficient to cover, but not exceed,
12the department’s reasonable costs to implement and enforce the
13certification provisions of this article. The department may expend
14the fees collected pursuant to this section, upon appropriation by
15the Legislature, to carry out this article.

16 

17Article 3.  Single-Use Carryout Bags
18

 

19

42283.  

(a) Except as provided in subdivision (e), on and after
20July 1, 2015, a store, as defined in paragraph (1) or (2) of
21subdivisionbegin delete (h)end deletebegin insert (g)end insert of Section 42280, shall not provide a single-use
22carryout bag to a customer at the point of sale.

23(b) (1) On and after July 1, 2015, a store, as defined in
24paragraph (1) or (2) of subdivisionbegin delete (h)end deletebegin insert (g)end insert of Section 42280, shall
25not sell or distribute a reusable grocery bag at the point of sale
26except as provided in this subdivision.

27(2) On and after July 1, 2015, a store, as defined in paragraph
28(1) or (2) of subdivisionbegin delete (h)end deletebegin insert (g)end insert of Section 42280, may make
29available for purchase at the point of sale a reusable grocery bag
30that meets the requirements of Section 42281.

31(3) On and after July 1, 2015, a store, as defined in paragraph
32(1) or (2) of subdivisionbegin delete (h)end deletebegin insert (g)end insert of Section 42280, that makes
33reusable grocery bags available for purchase pursuant to paragraph
34(2) shall not sell the reusable grocery bag for less than ten cents
35($0.10) in order to ensure that the cost of providing a reusable
36grocery bag is not subsidized by a customer who does not require
37that bag.

38(c) (1) On and after July 1, 2015, a store, as defined in
39paragraph (1) or (2) of subdivisionbegin delete (h)end deletebegin insert (g)end insert of Section 42280, shall
P13   1not sell or distribute a recycled paper bag except as provided in
2this subdivision.

3(2) A store, as defined in paragraph (1) or (2) of subdivisionbegin delete (h)end delete
4begin insert (g)end insert of Section 42280, may make available for purchase a recycled
5paper bag. On and after July 1, 2015, the store shall not sell a
6recycled paper bag for less than ten cents ($0.10) in order to ensure
7that the cost of providing a recycled paper bag is not subsidized
8by a consumer who does not require that bag.

9(d) Notwithstanding any other law, on and after July 1, 2015,
10a store, as defined in paragraph (1) or (2) of subdivisionbegin delete (h)end deletebegin insert (g)end insert of
11Section 42280, that makes reusable grocery bags or recycled paper
12bags available for purchase at the point of sale shall provide a
13customer participating in the California Special Supplemental Food
14 Program for Women, Infants, and Children pursuant to Article 2
15(commencing with Section 123275) of Chapter 1 of Part 2 of
16Division 106 of the Health and Safety Code and a customer
17participating in the Supplemental Food Program pursuant to
18Chapter 10 (commencing with Section 15500) of Part 3 of Division
199 of the Welfare and Institutions Code with a reusable grocery bag
20or a recycled paper bag at no cost at the point of sale.

21(e) On and after July 1, 2015, a store, as defined in paragraph
22(1) or (2) of subdivisionbegin delete (h)end deletebegin insert (g)end insert of Section 42280, may distribute
23a compostable bag at the point of sale, if the compostable bag is
24provided to the consumer at the cost specified pursuant to
25paragraph (2), the compostable bag, at a minimum, meets the
26American Society for Testing and Materials (ASTM) International
27Standard Specification for Compostable Plastics D6400, as
28updated, and in the jurisdiction where the compostable bag is sold
29and in the jurisdiction where the store is located, both of the
30following requirements are met:

31(1) A majority of the residential households in the jurisdiction
32have access to curbside collection of foodwaste for composting.

33(2) The governing authority for the jurisdiction has voted to
34allow stores in the jurisdiction to sell to consumers at the point of
35sale a compostable bag at a cost not less than the actual cost of the
36bag, which the Legislature hereby finds to be not less than ten
37cents ($0.10) per bag.

38(f) A store, as defined in paragraph (1) or (2) of subdivisionbegin delete (h)end delete
39begin insert (g)end insert of Section 42280, shall not require a customer to use, purchase,
40or accept a single-use carryout bag, recycled paper bag,
P14   1compostable bag, or reusable grocery bag as a condition of sale
2of any product.

3

42283.5.  

On and after July 1, 2016, a store, as defined in
4paragraphbegin delete (3) or (4)end deletebegin insert (3), (4), or (5)end insert of subdivisionbegin delete (h)end deletebegin insert (g)end insert of Section
542280, shall comply with the same requirements of Section 42283
6that are imposed upon a store, as defined in paragraph (1) or (2)
7of subdivisionbegin delete (h)end deletebegin insert (g)end insert of Section 42280.

8

42283.6.  

(a) The operator of a store, as defined in paragraph
9(1) or (2) of subdivisionbegin delete (h)end deletebegin insert (g)end insert of Section 42280begin insert that makes
10recycled paper or reusable grocery bags available at the point of
11saleend insert
, shall be subject to the provisions ofbegin delete bothend delete the at-store recycling
12program (Chapter 5.1 (commencing with Sectionbegin delete 42250)) and the
13provisions of this chapterend delete
begin insert 42250))end insert.

14(b) A store that voluntarily agrees to comply with the provisions
15of this article pursuant to subdivisionbegin delete (h)end deletebegin insert (g)end insert of Section 42280,
16shall also comply with the provisions of the at-store recycling
17program (Chapter 5.1 (commencing with Section 42250)).

18

42284.  

(a) A retail establishment not specifically required to
19comply with the requirements of this chapter is encouraged to
20reduce its distribution of single-use plastic carryout bags.

21(b) Pursuant to the provisions of subdivision begin delete(h)end deletebegin insert (g)end insert of Section
2242280, any retail establishment that is not a “store,” that provides
23the department with the written notice as specified in subdivision
24(c), shall be regulated as a “store” for the purposes of this chapter.

25(c) The written notice shall be dated and signed by an authorized
26representative of the retail establishment, and shall include the
27name and physical address of all retail locations covered by the
28notice. The department shall acknowledge receipt of the notice in
29writing and shall specify the date the retail establishment will be
30regulated as a “store,” which shall not be less than 30 days after
31the date of the department’s acknowledgment. The department
32shall post on its Internet Web site, organized by county, the name
33and physical location or locations of each retail establishment that
34has elected to be regulated as a “store.”

35 

36Article 4.  Enforcement
37

 

38

42285.  

(a) A city, a county, a city and county, or the state may
39impose civil liability on a person or entity that knowingly violated
40this chapter, or reasonably should have known that it violated this
P15   1chapter, in the amount of five hundred dollars ($500) for the first
2violation of this chapter, one thousand dollars ($1,000) for the
3second violation, and two thousand dollars ($2,000) for the third
4and subsequent violations.

5(b) Any civil penalties collected pursuant to subdivision (a)
6shall be paid to the office of the city attorney, city prosecutor,
7district attorney, or Attorney General, whichever office brought
8the action. The penalties collected pursuant to this section by the
9Attorney General may be expended by the Attorney General, upon
10appropriation by the Legislature, to enforce this chapter.

11 

12Article 5.  Preemption
13

 

14

42287.  

(a) Except as provided in subdivision (c), this chapter
15is a matter of statewide interest and concern and is applicable
16uniformly throughout the state. Accordingly, this chapter occupies
17the whole field of regulation of reusable grocery bags, single-use
18carryout bags, and recycled paper bags, as defined in this chapter,
19provided by a store, as defined in this chapter.

20(b) On and after January 1, 2015, a city, county, or other local
21public agency shall not enforce, or otherwise implement, an
22ordinance, resolution, regulation, or rule, or any amendment
23thereto, adopted on or after September 1, 2014, relating to reusable
24grocery bags, single-use carryout bags, or recycled paper bags,
25against a store, as defined in this chapter, unless expressly
26authorized by this chapter.

27(c) begin insert(1)end insertbegin insertend insert A city, county, or other local public agency that has
28adopted,begin delete prior toend deletebegin insert beforeend insert September 1, 2014, an ordinance,
29resolution, regulation, or rule relating to reusable grocery bags,
30single-use carryout bags, or recycled paper bags may continue to
31enforce and implement that ordinance, resolution, regulation, or
32rule that was in effect before that date. Any amendments to that
33ordinance, resolution, regulation, or rule on or after January 1,
342015, shall be subject to subdivision (b), except the city, county,
35or other local public agency may adopt or amend an ordinance,
36resolution, regulation, or rule to increase the amount that a store
37shall charge with regard to a recycled paper bag, compostable bag,
38or reusable grocery bag to no less than the amount specified in
39Section 42283.

begin insert

P16   1(2) A city, county, or other local public agency not covered by
2paragraph (1) that, before September 1, 2014, has passed a first
3reading of an ordinance or resolution expressing the intent to
4restrict single-use carryout bags and, before January 1, 2015,
5adopts an ordinance to restrict single-use carryout bags, may
6continue to enforce and implement the ordinance that was in effect
7before January 1, 2015.

end insert

8 

9Article 6.  Financial Provisions
10

 

11

42288.  

(a) Notwithstanding Section 42023.2, the sum of two
12million dollars ($2,000,000) is hereby appropriated frombegin delete the
13Recycling Market Development Revolving Loan Subaccount in
14the Integrated Waste Management Accountend delete
begin insert an appropriate fund
15that excludes sources of revenue that are General Fund moneys
16for the purposes of the California Constitutionend insert
to the department
17for the purposes of providing loans and grants for the creation and
18retention of jobs and economic activity in this state for the
19manufacture and recycling of plastic reusable grocery bags that
20use recycled content, including postconsumer recycled material.

21(b) The department shall expend the funds appropriated pursuant
22to this section to provide loans and grants for both of the following:

23(1) Development and conversion of machinery and facilities for
24 the manufacture of single-use plastic bags into machinery and
25facilities for the manufacturer of durable reusable grocery bags
26that, at a minimum, meet the requirements of Section 42281.

27(2) Development of equipment for the manufacture of reusable
28grocery bags, that, at a minimum, meet the requirements of Section
2942281.

30(c) A recipient of a grantbegin insert or loanend insert authorized by this section shall
31agree, as a condition of receiving a grantbegin insert or loanend insert, to retain and
32retrain existing employees for the manufacturing of reusable
33grocery bags that, at a minimum, meet the requirements of Section
34 42281.



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