Amended in Assembly August 18, 2014

Amended in Assembly May 20, 2014

Amended in Assembly March 27, 2014

Amended in Assembly February 6, 2014

Senate Bill No. 270

Introduced by Senators Padilla, De León, and Lara

begin insert

(Principal coauthors: Assembly Members Alejo and Dababneh)

end insert begin insert

(Coauthor: Assembly Member Bonta)

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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 begin delete notifies end delete begin insert provides end insert the department begin insert with irrevocable written notice end 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.

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 with the existing at-store recycling program requirements.

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 from 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 from plastic film from selling or distributing those bags on and after begin delete January 1, 2016 end delete begin insert July 1, 2015 end insert , unless the producer is certified by a 3rd-party certification entity, as specified. The bill would require a reusable grocery bag 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.

The department would be begin delete authorized to suspend or revoke a certification under specified circumstances and would be end delete required to publish on its Internet Web site a list of begin delete certified end delete reusable grocery bag begin delete producers, end delete begin insert producers that have submitted the required certification and their end insert reusable grocery begin delete bags that comply with the requirements of the bill, and 3rd-party certification entities end delete begin insert bags end insert . The bill would require the department to establish begin delete a end delete begin insert an administrative end insert certification fee begin delete schedule to cover the department’s costs to implement these certification requirements end delete begin insert schedule end insert , which begin insert would require end insert a reusable grocery bag producer providing proof to the department of certification begin delete would be required end delete begin insert or recertification end insert to pay begin insert a fee end insert . The bill would begin insert require that all moneys submitted to the department pursuant to these fee provisions be deposited into the Reusable Grocery Bag Fund, which would be established by the bill, and continuously appropriated for purposes of implementing these proof of certification and Internet Web site provisions, thereby making an appropriation. The bill would end insert also require a reusable grocery bag producer to submit begin delete specified laboratory end delete begin insert applicable certified end insert test results to the department. The bill would authorize a person to object to a certification of a reusable grocery bag producer begin delete and would authorize a person to file end delete begin insert by filing end insert an action for review of that certification in the superior court of a county that has jurisdiction over the reusable grocery bag producer. begin insert The bill would require the court to determine if the reusable grocery bag producer is in compliance with the provisions of the bill and, based on the court’s determination, would require the court to direct the department to either remove or retain the reusable grocery bag producer on its published Internet Web site list. end 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 store, except as provided.

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(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 from the subaccount inoperative on July 1, 2021, and repeals them as of January 1, 2022.

end insert

This bill would appropriate $2,000,000 from begin delete an unspecified fund that excludes sources of revenues that are General Fund moneys for purposes of the California Constitution end delete begin insert the Recycling Market Development Revolving Loan Subaccount in the Integrated Waste Management Account end insert to the department for the purposes of providing loans begin delete and grants end delete 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 begin delete grant or end delete loan to agree, as a condition of receiving begin delete a grant or end delete begin insert the end insert loan, to take specified actions.

begin insert

(3) The bill would require the department, no later than March 1, 2018, to provide a status report to the Legislature on the implementation of the bill’s provisions.

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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).

(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.

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

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

(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,
begin insert irrevocably end insert notifies the department of its intent to comply with
the requirements imposed upon a store pursuant to this chapter,
and complies with the requirements 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 (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 is made by a producer certified
pursuant to this article begin delete and meets end delete begin insert to meet end insert all of the following
requirements:

(1) Has a handle and is designed for at least 125 uses, as
provided in this article.

(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) If the bag is eligible for recycling in the state, instructions
to return the bag to the store for recycling or to another appropriate
recycling 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.

(5) Does not contain lead, cadmium, or any other toxic material
that may pose a threat to public health. A reusable bag
manufacturer may demonstrate compliance with this requirement
by obtaining a no objection letter from the federal Food and Drug
Administration. 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) (1) In addition to the requirements in subdivision (a), a
reusable grocery bag made from plastic film shall meet all of the
following requirements:

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

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

(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.

(D) It shall have, 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 recycled material and stating the postconsumer
recycled material content percentage, as applicable.

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

(2) A reusable grocery bag made from 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.

(c) In addition to the requirements of subdivision (a), a reusable
grocery bag that is not made of 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:

(1) It shall be sewn.

(2) It shall be capable of carrying 22 pounds begin delete 125 times end delete over a
distance of 175 feet begin insert for a minimum of 125 uses end insert .

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

(d) On and after July 1, 2016, a store as defined in paragraph
(3), (4), or (5) of subdivision (g) of Section 42280, shall comply
with the requirements of this section.

42281.5.  

On and after begin delete January 1, 2016, end delete begin insert July 1, 2015, end insert a producer
of reusable grocery bags made from plastic film shall not sell or
distribute a reusable grocery bag in this state unless the producer
is certified 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 shall include all of the following:

(a) Names, locations, and contact information of all sources of
postconsumer recycled material and suppliers of postconsumer
recycled material.

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

(c) How the postconsumer recycled material is obtained.

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

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(e) Any other information that the department may require to
enable verification of the information provided in the proof of
certification.

end delete

42282.  

(a)  begin delete On a schedule and in a manner determined by the
department, end delete begin insert Commencing on or before July 1, 2015, the department
shall accept from end insert a reusable grocery bag producer begin delete shall provide
to the department end delete proof of certification conducted by a third-party
certification entity begin insert , submitted under penalty of perjury, 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, 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.

begin insert

(b) A reusable grocery bag producer shall resubmit to the
department proof of certification as described in subdivision (a)
on a biennial basis. A reusable grocery bag producer shall provide
the department with an updated proof of certification conducted
by a third-party certification entity if any modification that is not
solely aesthetic is made to a previously certified reusable bag.
Failure to comply with this subdivision shall result in removal of
the relevant information posted on the department’s Internet Web
site pursuant to paragraphs (1) and (2) of subdivision (e) for each
reusable bag that lacks an updated proof of certification conducted
by a third-party certification entity.

end insert begin delete

(b)

end delete

begin insert (c) end insert  A third-party certification entity shall be begin delete one of the
following: end delete begin insert an independent, accredited (ISO/IEC 17025) laboratory.
A third-party certification entity shall certify that the producer’s
reusable grocery bags meet the requirements of Section 44281. end insert

begin delete

(1) An independent, accredited (ISO/IEC 17025) laboratory.

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

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

(c) 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:

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

(2) For a reusable grocery bag made from 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.

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

end delete

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

(e) On and after July 1, begin delete 2016 end delete begin insert 2015 end insert , the department shall publish
a list on its Internet Web site that includes all of the following:

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

(2) The reusable grocery bags begin insert of producers end insert that begin delete are in
compliance with this article end delete begin insert have provided the required
certification end insert .

begin delete

(3) A list of third-party certification entities.

end delete

(f) A reusable grocery bag producer shall submit begin delete laboratory end delete
begin insert applicable certified end insert test results to the department confirming that
the reusable grocery bag meets the requirements of this article 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

(g) 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.

(h) 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.

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

(j) (1) A person may object to the certification of a reusable
grocery bag producer.

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

(3)

end delete

begin insert (1) end insert  A person begin delete objecting end delete begin insert may object end insert to begin delete a end delete begin insert the end insert certification begin insert of a
reusable grocery bag producer end insert pursuant to this begin delete subdivision may
file end delete begin insert section by filing end insert an action for review of that certification in
the superior court of a county that has jurisdiction over the reusable
grocery bag producer. The court begin delete 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 delete begin insert shall
determine if the reusable grocery bag producer is in compliance
with the requirements of this article end insert .

begin insert

(2) A reusable grocery bag producer whose certification is being
objected to pursuant to paragraph (1) shall be deemed in
compliance with this article pending a determination by the court.

end insert begin insert

(3) Based on its determination, the court shall direct the
department to remove the reusable grocery bag producer from,
or retain the reusable grocery bag producer on, its list published
pursuant to subdivision (e).

end insert begin insert

(4) If the court directs the department to remove a reusable
grocery bag producer from its published list, the reusable grocery
bag producer shall remain off of the published list for a period of
one year from the date of the court’s determination.

end insert begin delete

(k) The department may suspend or revoke a certification of a
reusable grocery bag producer 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.

end delete

42282.1.  

(a) A reusable grocery bag producer shall submit the
fee established pursuant to subdivision (b) to the department when
providing proof of certification begin insert or recertification end insert pursuant to
Sections 42281.5 and 42282.

(b) The department shall establish begin delete a end delete begin insert an administrative end insert
certification fee schedule that will generate fee revenues sufficient
to cover, but not exceed, the department’s reasonable costs to
implement begin delete and enforce the certification provisions of end delete this article.
The department begin delete may expend the fees collected pursuant to this
section, upon appropriation by the Legislature, to carry out this
article end delete begin insert shall deposit all moneys submitted pursuant to this section
into the Reusable Grocery Bag Fund, which is hereby established
in the State Treasury. Notwithstanding Section 11340 of the
Government Code, moneys in the fund are continuously
appropriated, without regard to fiscal year, to the department for
the purpose of implementing this article end insert .

 

Article 3.  Single-Use Carryout Bags

 

42283.  

(a) Except as provided in subdivision (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, as defined in
paragraph (1) or (2) of subdivision (g) of Section 42280, 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, as defined in paragraph
(1) or (2) of subdivision (g) of Section 42280, 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, as defined in paragraph
(1) or (2) of subdivision (g) of Section 42280, 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, as defined in
paragraph (1) or (2) of subdivision (g) of Section 42280, shall not
sell or distribute a recycled paper bag except as provided in this
subdivision.

(2) A store, as defined in paragraph (1) or (2) of subdivision (g)
of Section 42280, 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, as defined in paragraph (1) or (2) of subdivision (g) of
Section 42280, that makes reusable grocery bags or recycled paper
bags available for purchase at the point of sale shall provide begin insert a
reusable grocery bag or a recycled paper bag at no cost at the
point of sale to end insert a customer begin delete participating in end delete begin insert using a payment card
or voucher issued by end insert 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 begin delete 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. end delete begin insert or an
electronic benefit transfer card issued pursuant to Section 10072
of the Welfare and Institutions Code. end insert

(e) On and after July 1, 2015, a store, as defined in paragraph
(1) or (2) of subdivision (g) of Section 42280, 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) International
Standard Specification for Compostable Plastics D6400, as
updated, 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 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, as defined in paragraph (1) or (2) of subdivision (g)
of Section 42280, 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), (4), or (5) 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 42280.

42283.6.  

(a) The operator of a store, as defined in paragraph
(1) or (2) of subdivision (g) of Section 42280 that makes recycled
paper or reusable grocery bags available at the point of sale, shall
be subject to the provisions of the at-store recycling program
(Chapter 5.1 (commencing with Section 42250)).

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

42284.  

(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 (g) of Section
42280, any retail establishment that is not a “store,” that provides
the department with the begin insert irrevocable end insert written notice as specified in
subdivision (c), shall be regulated as a “store” for the purposes of
this chapter.

(c) The begin insert irrevocable end insert 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.”

 

Article 4.  Enforcement

 

42285.  

(a) A city, a county, a city and county, or the state may
impose civil liability on a person or entity that knowingly violated
this chapter, or reasonably should have known that it violated this
chapter, in the amount of begin delete five hundred dollars ($500) end delete begin insert one thousand
dollars ($1,000) per day end insert for the first violation of this chapter, begin delete one end delete
begin insert two end insert thousand dollars begin delete ($1,000) end delete begin insert ($2,000) per day end insert for the second
violation, and begin delete two end delete begin insert five end insert thousand dollars begin delete ($2,000) end delete begin insert ($5,000) per day end insert
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.

 

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 chapter,
provided by a store, 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, or any amendment
thereto, 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) (1) A city, county, or other local public agency that has
adopted, before 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 the city, county, or other local
public agency may adopt or amend an ordinance, resolution,
regulation, or rule to increase the amount that a store shall charge
with regard to a recycled paper bag, compostable bag, or reusable
grocery bag to no less than the amount specified in Section 42283.

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

 

Article 6.  Financial Provisions

 

42288.  

(a) Notwithstanding Section 42023.2, the sum of two
million dollars ($2,000,000) is hereby appropriated from begin delete an
appropriate fund that excludes sources of revenue that are General
Fund moneys for the purposes of the California Constitution end delete begin insert the
Recycling Market Development Revolving Loan Subaccount in the
Integrated Waste Management Account end insert to the department for the
purposes of providing loans begin delete and grants end delete 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 begin delete shall end delete begin insert may end insert expend begin insert , if there are applicants
eligible for funding from the Recycling Market Development
Revolving Loan Subaccount, end insert the funds appropriated pursuant to
this section to provide loans begin delete and grants end delete 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 begin delete grant or end delete loan authorized by this section shall
agree, as a condition of receiving begin delete a grant or end delete begin insert the end insert loan, to retain and
retrain existing employees for the manufacturing of reusable
grocery bags that, at a minimum, meet the requirements of Section
42281.

begin insert

(d) Any moneys appropriated pursuant to this section not
expended by the end of the 2015-16 fiscal year shall revert to the
Recycling Market Development Revolving Loan Subaccount for
expenditure pursuant to Article 3 (commencing with Section 42010)
of Chapter 1.

end insert begin insert

(e) Applicants for funding under this section may also apply for
funding or benefits from other economic development programs
for which they may be eligible, including, but not limited to, both
of the following:

end insert begin insert

(1) An income tax credit, as described in Sections 17059.2 and
23689 of the Revenue and Taxation Code.

end insert begin insert

(2) A tax exemption pursuant to Section 6377.1 of the Revenue
and Taxation Code.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert No later than March 1, 2018, the department, as a part
of its reporting requirement pursuant to Section 40507 of the Public
Resources Code, shall provide a status report on the
implementation of Chapter 5.3 (commencing with Section 42280)
of Part 3 of Division 30 of the Public Resources Code. end insert