BILL ANALYSIS Ó
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UNFINISHED BUSINESS
Bill No: SB 270
Author: Padilla (D), et al.
Amended: 8/21/14
Vote: 21
PRIOR VOTES NOT RELEVANT
ASSEMBLY FLOOR : 45-31, 08/28/14 - See last page for vote
SUBJECT : Solid waste: single-use carryout bags
SOURCE : Author
DIGEST : This bill prohibits stores, as defined, from
distributing lightweight, single-use plastic bags after
specified dates. Establishes requirements for reusable bags and
prohibits stores from distributing reusable bags and recycled
paper bags for less than $0.10 per bag.
Assembly Amendments delete the prior version of this bill
relating to underground economy enforcement actions and instead
add the current language.
ANALYSIS :
Existing law:
1.Requires, until 2020, 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
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bags to that store.
2.Creates, under the California Integrated Waste Management Act
of 1989, 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 of Resources Recycling and
Recovery (CalRecycle) for making loans for the purposes of the
Recycling Market Development Revolving Loan Program.
3.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.
This bill:
1.Defines terms in the bill, including:
A. "Recycled paper bag" as a paper carryout bag provided by
a store to a customer at the point of sale and contains a
minimum of 40% postconsumer recycled materials. For a bag
with the capacity to hold eight pounds or less, the bag
must contain at least 20% postconsumer recycled materials.
A recycled paper bag must be accepted for recycling in a
majority of households in curbside recycling programs in
the state, as well as have specified information printed on
the bag.
B. "Reusable grocery bag" as, on and after July 1, 2016, a
bag that meets specified requirements.
C. "Single-use carryout bag" as a bag made of plastic,
paper, or other material that is provided by a store to a
customer at the point of sale. Exempts from this
definition specified bags, including a bag provided by a
pharmacy for a prescription purchase, a non-handled bag
used to protect an item from damaging or contaminating
other items when placed in a recycled paper bag or reusable
grocery bag, and a dry-cleaning or garment bag.
D. "Store" as a full-line self-service retail store with
gross annual sales of at least $2 million and sells a line
of dry grocery, canned goods, or nonfood items and some
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perishables (a typical grocery store); has at least 10,000
square feet of retail space and a pharmacy; or, a
convenience food store or foodmart. Includes in the
definition of store any other retail establishment that
voluntarily agrees to comply with the requirements of this
bill.
1.Beginning July 1, 2015, requires that a reusable grocery bag
be able to be used a minimum of 125 times, as specified; can
be cleaned; have specified information visible on the bag;
cannot contain lead, cadmium, or any other toxic material that
may pose a threat to public health; and, must be consistent
with federal regulations related to recyclable claims if the
bag producer claims the bag is recyclable.
2.Establishes certification requirements for producers of
reusable bags and suppliers of postconsumer recycled content.
3.Prohibits stores from making single-use carryout bags
available at the point of sale on the following timeline:
A. On and after January 1, 2015, at either a grocery store
or retailer with at least 10,000 square feet of retail
space and a pharmacy.
B. On and after July 1, 2016, at a convenience food store
and foodmart.
1.Authorizes a store to make available a reusable grocery bag or
recycled paper bag at the point of sale. Requires that these
bags may not be sold to a consumer for less than $0.10.
2.Requires that all monies collected by stores pursuant to this
bill be retained at the store and be used for costs associated
with complying with this bill; actual costs of providing
recycled paper bags and reusable grocery bags; and costs
associated with a store's educational materials or educational
campaign encouraging the use of reusable bags.
3.Requires a store to provide a reusable bag or recycled paper
bag at no charge to any customer using California Special
Supplemental Food Program for Women, Infants and Children
benefits, CalFresh benefits (federally known as Supplemental
Nutrition Assistance Program [SNAP] benefits), California Food
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Assistance Program benefits, or cash aid benefits.
4.Authorizes stores that are not included in this bill to
voluntarily participate in this bill's requirements by
submitting an irrevocable written notice to the CalRecycle
containing specified information.
5.Authorizes a city, county, city and county, or the state to
impose civil liability of $1,000 for the first violation of
the proposed law, $2,000 for the second violation, and $5,000
for each subsequent violation. Collected penalties must be
paid to whichever agency brought the action.
6.Preempts local ordinances adopted on or after September 1,
2014, relating to reusable grocery bags, single-use carryout
bags, or recycled paper bags.
7.Appropriates $2 million from the Recycled Market Development
Revolving Loan Subaccount for loans for the creation and
retention of jobs and economic activity in the state for the
manufacture and recycling of plastic reusable grocery bags
that use recycled content. Requires recipients of a loan to
retain and retrain existing employees for the manufacturing of
reusable grocery bags that meet the requirements of this bill.
Specifies that any funds not expended by the end of the
2015-16 fiscal year revert back to the Subaccount.
Background
Plastic bags and plastic film together represent just over 2% of
the waste stream, and every year California taxpayers spend $25
million disposing of the 14 billion plastic bags used annually.
Although plastic represents a relatively small fraction of the
overall waste stream in California, plastic waste is the
predominate form of marine debris. Plastics are estimated to
comprise 60% to 80% of all marine debris and 90% of all floating
debris. According to the California Coastal Commission, the
primary source of marine debris is urban runoff, of which
lightweight plastic bags and plastic film are particularly
susceptible. Due to the interplay of ocean currents, marine
debris preferentially accumulates in certain areas throughout
the ocean. The North Pacific Central Gyre is the ultimate
destination for much of the marine debris originating from the
California coast. A study by the Algalita Marine Research
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Foundation found an average of more than 300,000 plastic pieces
per square mile of the Gyre and that the mass of plastic was six
times greater than zooplankton floating on the water's surface.
Most plastic marine debris exists as small plastic particles due
to excessive ultraviolet radiation exposure and subsequent
photo-degradation. These plastic pieces are ingested by aquatic
organisms and have already negatively affected over 250 animal
species worldwide. In addition, hydrophobic chemicals present
in the ocean in trace amounts (e.g., from contaminated runoff
and oil and chemical spills) have an affinity for, and can bind
to, plastic particles and may also enter and accumulate in the
food chain through the same mechanism.
Eighty-seven cities and counties throughout California have
adopted ordinances banning plastic bags, including San
Francisco, San Jose, Long Beach, Los Angeles County, Santa Clara
County, and Alameda County. Many of these local governments also
require stores to charge a fee for a paper carryout bag, and a
few have banned both single-use plastic and paper carryout bags.
This bill does not pre-empt existing ordinances; however, it
does provide uniformity moving forward by pre-empting any local
ordinance adopted after September 1, 2014.
FISCAL EFFECT : Appropriation: Yes Fiscal Com.: Yes
Local: No
According to the Assembly Appropriations Committee:
$2 million special fund appropriation to CalRecycle to
establish a loan program for reusable plastic bag
manufacturing machinery and facilities conversion and worker
training.
Significant one-time costs and ongoing costs to CalRecyle,
potentially in the
$1 million to $1.4 million range to oversee and implement the
program. $500,000 or more for evaluation, bag testing and
data compiling requirements.
SUPPORT : (Verified 8/28/14)
7th Generation Advisors
All One Ocean
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Azul
Black Surfers Collective
California Asian Pacific Chamber of Commerce
California Association of Environmental Health Administrators
California Coastal Coalition
California Coastkeeper Alliance
California Grocers Association
California Labor Federation
California League of Conservation Voters
California Retailers Association
California State Lands Commission
Californians Against Waste
Cathedral City
Center for Biological Diversity
Center for Oceanic Awareness, Research, & Education
ChicoEco, Inc.
Cities of Clayton, Concord, Encinitas, Long Beach, Los Angeles,
Palm Desert, Palo
Alto, Sacramento, San Jose, San Rafael, Santa Monica and
Sunnyvale
City and County of San Francisco Department of the Environment
City of Long Beach, Councilmember Suja Lowenthal
City of Oceanside Water Utilities Department
Clean Oceans Competition
Clean Water Action
Command Packaging
Contra Costa Clean Water Program
Contra Costa County
Costa Mesa Sanitary District
Counties of Los Angeles, Marin, San Francisco, San Mateo, Santa
Barbara and
Culver City
Don't Waste LA
Earthwise Bag Company, Inc.
Environment California
Friends Committee on Legislation in California
Global Alliance for Incinerator Alternatives
Global Green USA
Gloria Molina, Supervisor, County of Los Angeles
Green Bag Company
Green Cities California
Green Vets Los Angeles
GreenWaste Recovery
Heal the Bay
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Hidden Resources
Humboldt Waste Management Authority
Latino Coalition for a California Bag Ban
Los Angeles Alliance for a New Economy
Los Angeles Neighborhood Council Alliance of River Communities
Mendocino Solid Waste Management Authority
Napa Recycling and Waste Services
Natural Resources Defense Council
Ocean Project
Pacoima Beautiful
Planning and Conservation League
Plastic Free Seas
Plastic Pollution Coalition
Plastic Soup Foundation
Plasticbaglaws.org
Redlands Area Democratic Club
Republic Services
Reusable Bag Association
Sachamama
Santa Barbara ChannelKeeper
Santa Clara
Santa Clara Valley Water District
Save Our Shores
Seaturtles.org
Sierra Club
Silicon Valley Leadership Group
Silver Lake Neighborhood Council
Surfrider Foundation
Sustainable Burbank Commission
Sustainable Coastlines Hawaii
Target
Team Marine
The Five Gyres Institute
The Ocean Project
UFCW Western States Council
Valley Industry and Commerce Association
Western Center on Law and Poverty
Wildcoast
World Society for the Protection of Animals
Zanker Recycling
Zero Waste San Diego
OPPOSITION : (Verified 8/28/14)
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American Forest & Paper Association
American Progressive Bag Alliance
Association of California Cities Orange County
City of Laguna Niguel
Elkay Plastics
Familias Latinas de California
Forest Products Industry National Labor Management Committee
Howard Jarvis Taxpayers Association
International Paper
Teamsters District Council 2
ARGUMENTS IN SUPPORT : The California Grocers Association
states, "Traditional supermarkets in California employ more than
300,000 residents in virtually every community in the State.
California's grocery industry faces a dizzying array of more
than 100 local ordinances regulating single-use carryout bags.
The situation is untenable for grocers and consumers alike,
posing considerable operational challenges. CGA seeks adoption
of a uniform, statewide standard on a going forward basis.
Senate bill (SB) 270 (Padilla, de Leon, Lara) provides the best
solution for uniformity the industry seeks and the consistency
consumers need.
"SB 270 is different than previous attempts at a statewide
solution by addressing concerns for California based jobs by
allocating 2 million dollars in grant money from CalRecycle to
California plastic bag manufactures. This allows instate
producers the opportunity to retool their equipment, creating a
new market place for reusable bags while providing an
opportunity for job growth in California."
ARGUMENTS IN OPPOSITION : The City of Laguna Niguel states,
"SB 270 (Padilla) which eliminates the ability of cities to make
decisions based upon our own community needs. SB 270 would
prohibit stores state-wide from distributing single-use plastic
bags to customers and mandate that they make available for
purchase recycled bags at a minimum cost of $0.10 per bag.
"This bill eliminates the ability of a local government to
exercise its own discretion based on the unique needs and
business climate of each City. The bill also eliminates the
ability of the free market to determine whether or not a
business chooses to charge for recycled grocery bags, resulting
in guaranteed extraordinary profits for the grocery industry at
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the expense of the consumer.
"The bill also does not provide sufficient time for a local
jurisdiction to have meaningful discussion with business and
resident stakeholders should alternative regulations on
single-use plastic bags be determined to be appropriate and be
adopted prior to the July 1, 2015, effective date."
ASSEMBLY FLOOR : 45-31, 08/28/14
AYES: Alejo, Ammiano, Bloom, Bocanegra, Bonilla, Bonta,
Bradford, Buchanan, Ian Calderon, Campos, Chau, Chesbro,
Dababneh, Daly, Dickinson, Fong, Garcia, Gatto, Gomez,
Gonzalez, Gordon, Roger Hernández, Holden, Jones-Sawyer,
Levine, Lowenthal, Medina, Mullin, Muratsuchi, Nazarian, Pan,
John A. Pérez, V. Manuel Pérez, Quirk, Rendon, Ridley-Thomas,
Rodriguez, Skinner, Stone, Ting, Weber, Wieckowski, Williams,
Yamada, Atkins
NOES: Achadjian, Allen, Bigelow, Chávez, Conway, Cooley, Dahle,
Donnelly, Fox, Frazier, Beth Gaines, Gorell, Gray, Grove,
Hagman, Harkey, Jones, Linder, Logue, Maienschein, Mansoor,
Melendez, Nestande, Olsen, Patterson, Perea, Quirk-Silva,
Salas, Wagner, Waldron, Wilk
NO VOTE RECORDED: Brown, Eggman, Hall, Vacancy
RM:e 8/28/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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