Senate BillNo. 405


Introduced by Senator Padilla

February 20, 2013


An act to add Chapter 5.3 (commencing with Section 42280) to Part 3 of Division 30 of, and to repeal Section 42285 of, the Public Resources Code, relating to solid waste.

LEGISLATIVE COUNSEL’S DIGEST

SB 405, as introduced, Padilla. Solid waste: single-use carryout bags.

Existing law, until January 1, 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.

With specified exceptions, this bill would, as of January 1, 2015, prohibit stores that have a specified amount of dollar sales or retail floor space from providing a single-use carryout bag to a customer. The bill would require these stores to meet other specified requirements regarding providing recycled paper bags, compostable bags, or reusable bags to customers.

The bill would, on and after July 1, 2016, additionally impose these prohibitions and requirements on convenience food stores, foodmarts, and certain other specified stores.

The bill would, beginning January 1, 2016, require a reusable grocery bag producer to submit to the Department of Resources Recycling and Recovery a biennial certification, including a certification fee established by the department, that certifies that each type of reusable grocery bag that is imported, manufactured, sold, or distributed in the state and provided to a store for sale or distribution meets specified requirements. The bill would require the department to deposit the certification fees into the Reusable Bag Account, which would be established by the bill in the Integrated Waste Management Fund. The bill would require that moneys in the account be expended by the department, upon appropriation by the Legislature, to implement the certification requirements. A violation of these certification requirements would be subject to an administrative civil penalty assessed by the department. The department would be required to deposit these penalties into the Penalty Subaccount, which the bill would create in the Reusable Bag Account, for expenditure by the department, upon appropriation by the Legislature, to implement the certification requirements.

The bill would require the department, by January 1, 2017, to submit a report to the Legislature regarding the implementation of the bill’s provisions. The bill would repeal this report requirement on January 1, 2018.

The bill would allow a city, county, or city and county, or the state to impose civil penalties for a violation of the bill’s requirements, except for the certification 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.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

P2    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.  

For purposes of this chapter, the following definitions
10shall apply:

11(a) “Department” means the Department of Resources Recycling
12and Recovery.

13(b) “Postconsumer recycled material” means a material that
14would otherwise be destined for solid waste disposal, having
P3    1completed its intended end use and product life cycle.
2Postconsumer recycled material does not include materials and
3byproducts generated from, and commonly reused within, an
4original manufacturing and fabrication process.

5(c) “Recycled paper bag” means a paper carryout bag provided
6by a store to a customer at the point of sale that meets all of the
7following requirements:

8(1) (A) Except as provided in subparagraph (B), the paper
9carryout bag contains a minimum of 40 percent postconsumer
10recycled materials.

11(B) An eight pound or smaller recycled paper bag shall contain
12a minimum of 20 percent postconsumer recycled material.

13(2) Is accepted for recycling in curbside programs in a majority
14of households that have access to curbside recycling programs in
15the state.

16(3) Is capable of composting, consistent with the timeline and
17specifications of the American Society of Testing and Materials
18(ASTM) Standard Specification for Compostable Plastics D6400.

19(4) Has printed on the bag the name of the manufacturer, the
20location (country) where the bag was manufactured, and the
21minimum percentage of postconsumer content.

22(d) (1) “Reusable grocery bag” on or before June 30, 2016,
23means either of the following:

24(A) A bag made of cloth or other machine washable fabric that
25has handles.

26(B) A durable plastic bag with handles that is at least 2.25 mils
27thick and specifically designed for multiple reuses.

28(2) “Reusable grocery bag” on and after July 1, 2016, means a
29bag that meets the requirements of Section 42283.

30(e) “Reusable grocery bag producer” means a person or entity
31that does any of the following:

32(1) Manufactures reusable grocery bags for sale or distribution
33to a store.

34(2) Imports reusable grocery bags into this state, for sale or
35distribution to a store.

36(3) Sells or distributes reusable bags to a store.

37(f) (1) “Single-use carryout bag” means a bag made of plastic,
38paper, or other material, that is provided by a store to a customer
39at the point of sale and that is not a reusable grocery bag that meets
40the requirements of Section 42283, on and after July 1, 2016, and
P4    1paragraph (1) of subdivision (d) of this section on or before June
230, 2016.

3(2) A single-use carryout bag does not include either of the
4following:

5(A) A bag provided by a pharmacy pursuant to Chapter 9
6(commencing with Section 4000) of Division 2 of the Business
7and Professions Code to a customer purchasing a prescription
8medication.

9(B) A nonhandled bag used to protect a purchased item from
10damaging or contaminating other purchased items when placed in
11a recycled paper bag or reusable grocery bag.

12(g) “Store” means a retail establishment that meets any of the
13following requirements:

14(1) A full-line, self-service retail store with gross annual sales
15of two million dollars ($2,000,000), or more, and which sells a
16line of dry grocery, canned goods, or nonfood items and some
17perishable items.

18(2) Has at least 10,000 square feet of retail space that generates
19sales or use tax pursuant to the Bradley-Burns Uniform Local Sales
20and Use Tax Law (Part 1.5 (commencing with Section 7200) of
21 Division 2 of the Revenue and Taxation Code) and has a pharmacy
22licensed pursuant to Chapter 9 (commencing with Section 4000)
23of Division 2 of the Business and Professions Code.

24(3) Is a convenience food store, foodmart, or other entity that
25is engaged in the retail sale of a limited line of goods, generally
26including milk, bread, soda, and snack foods, and that holds a Type
2720 or Type 21 license issued by the Department of Alcoholic
28Beverage Control.

29 

30Article 2.  Carryout Bag Regulation
31

 

32

42281.  

(a) Except as provided in Section 42282, the
33requirements of this section apply only to a store, as defined in
34paragraph (1) or (2) of subdivision (g) of Section 42280.

35(b) (1) On and after January 1, 2015, a store shall not provide
36a single-use carryout bag to a customer at the point of sale, except
37as provided in this section.

38(2) On January 1, 2015, until June 30, 2016, a store may provide
39to a customer a reusable grocery bag, as defined in paragraph (1)
40of subdivision (d) of Section 42280.

P5    1(3) On and after July 1, 2016, a store shall only provide to a
2customer a reusable grocery bag, as defined in paragraph (2) of
3subdivision (d) of Section 42280, that meets the requirements of
4Section 42283.

5(c) A store shall make reusable grocery bags available for
6purchase by a customer.

7(d) Notwithstanding any other law, on and after January 1, 2015,
8a store shall provide a customer participating in the California
9Special Supplemental Food Program for Women, Infants, and
10Children pursuant to Article 2 (commencing with Section 123275)
11of Chapter 1 of Part 2 of Division 106 of the Health and Safety
12Code and a customer participating in the Supplemental Food
13Program pursuant to Chapter 10 (commencing with Section 15500)
14of Part 3 of Division 9 of the Welfare and Institutions Code, with
15a reusable grocery bag or a recycled paper bag at no cost at the
16point of sale.

17(e) Notwithstanding subdivision (b), a store may make available
18for purchase at the point of sale a recycled paper bag.

19(f) Notwithstanding subdivision (b), a store may make available
20for purchase at the point of sale a compostable bag, that, at a
21minimum, meets the American Society for Testing and Materials
22(ASTM) Standard Specification for Compostable Plastics D6400,
23if both of the following requirements are met in the jurisdiction
24where the compostable bag is sold:

25(1) A majority of the residential households in the jurisdiction
26have access to curbside collection of foodwaste for composting.

27(2) The governing authority for the jurisdiction has voted to
28allow stores in the jurisdiction to sell to a consumer at the point
29of sale a compostable bag at a cost not less than the actual cost of
30the bags.

31

42282.  

On and after July 1, 2016, a store, as defined in
32paragraph (3) of subdivision (g) of Section 42280, shall comply
33with the same requirements of this article that are imposed upon
34a store, as defined in paragraph (1) or (2) of subdivision (g) of
35Section 42880.

36 

37Article 3.  Reusable Grocery Bags
38

 

39

42283.  

(a) On and after July 1, 2016, a reusable grocery bag
40shall meet all of the following requirements:

P6    1(1) (A) Be designed and manufactured to withstand, at a
2minimum, 125 uses.

3(B) For purposes of this paragraph, “125 uses” means the
4capability of carrying a minimum of 22 pounds 125 times over a
5distance of at least 175 feet.

6(2) Is machine washable or made from a material that can be
7cleaned and disinfected.

8(3) Have printed on the bag, or on a tag attached to the bag that
9is not intended to be removed, and in a manner visible to the
10consumer the following information:

11(A) The name of the manufacturer.

12(B) The location (country) where the bag was manufactured.

13(C) A recycling symbol or end-of-life management instructions.

14(D) The percentage of postconsumer recycled material, if any.

15(4) It shall not contain lead, cadmium, or any other heavy metal
16in toxic amounts. This requirement shall not affect any authority
17of the Department of Toxic Substances Control pursuant to Article
1814 (commencing with Section 25251) of Chapter 6.5 of Division
1920 of the Health and Safety Code and, notwithstanding subdivision
20(c) of Section 25257.1 of the Health and Safety Code, the reusable
21grocery bag shall not be considered as a product category already
22regulated or subject to regulation.

23(5) If the reusable grocery bag producer makes a claim that it
24is recyclable, the producer shall demonstrate compliance with the
25regulations adopted by the Federal Trade Commission.

26(b) In addition to the requirements in subdivision (a), a reusable
27grocery bag made from plastic shall meet all of the following
28requirements:

29(1) On and after July 1, 2017, be made from a minimum of 20
30percent postconsumer recycled material, except as provided in
31subdivision (d).

32(2) In addition to the information required to be printed on the
33bag or on a tag, pursuant to paragraph (3) of subdivision (a), all
34of the following information shall be printed on the bag, or on a
35tag that complies with that paragraph:

36(A) A statement that the bag is a reusable bag and designed for
37at least 125 uses.

38(B) Instructions to return the bag to the store for recycling or
39to another appropriate recycling location.

P7    1(c) A plastic reusable grocery bag that also meets the
2specifications of the American Society of Testing and Materials
3(ASTM) Standard Specification for Compostable Plastics D6400,
4as published in September 2004, is not required to meet the
5requirements of paragraph (1) of subdivision (b), but shall be
6labeled in accordance with the applicable state law regarding
7compostable plastics.

8(d) (1) If a plastic reusable grocery bag producer is unable to
9obtain sufficient amounts of postconsumer recycled material to
10comply with this article within a reporting period because of
11unavailability, the producer shall demonstrate to the department
12the actions taken by that plastic reusable grocery bag producer to
13find that postconsumer recycled material.

14(2) A plastic reusable grocery bag producer making the
15demonstration in paragraph (1) shall make a reasonable effort to
16identify available supplies of postconsumer recycled material
17before submitting a certification containing this information to the
18department pursuant to Section 42284.

19(3) A plastic reusable grocery bag producer that makes a
20demonstration pursuant to paragraph (1) shall include the greatest
21amount of postconsumer recycled material possible in the reusable
22grocery bag, even if this amount is less than required by paragraph
23(1) of subdivision (b) and shall indicate the percentage that is
24postconsumer recycled material.

25

42284.  

(a) On or before January 1, 2016, and on January 1
26every two years thereafter on a schedule and in a manner
27determined by the department, a reusable grocery bag producer
28shall submit a certification to the department for each type of
29reusable grocery bag that is manufactured, imported, sold, or
30distributed in the state and provided to a store for sale or
31distribution that meets the requirements of Section 42283.

32(b) A reusable grocery bag producer shall submit a fee, as
33established pursuant to subdivision (e), to the department with
34each certification submitted.

35(c) The department shall provide a system to submit
36certifications online.

37(d) On and after July 1, 2016, the department shall publish a
38list on its Internet Web site that includes both of the following:

P8    1(1) The name, location, and appropriate contact information of
2a reusable grocery bag producer that is in compliance with this
3article.

4(2) The reusable grocery bags that are in compliance with this
5article.

6(e) The department shall establish a certification fee schedule
7that will generate fee revenues sufficient to cover all of the
8department’s costs to enforce this article. Fee revenues shall not
9exceed the amount necessary to cover the department’s reasonable
10costs to enforce this article.

11(f) The department may inspect and audit a reusable bag
12producer subject to this article with all costs associated with the
13audit being paid for by the reusable grocery bag producer.

14(g) The department may test any reusable bag manufactured by
15a reusable bag producer and provided to a store for sale or
16distribution for compliance with this article and the regulations
17adopted pursuant to this article.

18(h) The department may enter into an agreement with other state
19entities that conduct inspections to provide necessary enforcement
20of this article.

21(i) Notwithstanding Section 42286, any violation of this article
22shall be subject to an administrative civil penalty assessed by the
23department in an amount not to exceed five hundred dollars ($500)
24for the first violation. A subsequent violation may be subject to
25an increased penalty of up to five hundred dollars ($500) per
26violation, not to exceed five thousand dollars ($5,000) per violation.

27(j) The department shall deposit all certification fees paid
28pursuant to this article into the Reusable Bag Account, which is
29hereby created in the Integrated Waste Management Fund in the
30State Treasury. The moneys deposited in the Reusable Bag Account
31shall be expended by the department, upon appropriation by the
32Legislature, to assist the department with its costs of implementing
33this article.

34(k) The department shall deposit all penalties collected pursuant
35to subdivision (i) for a violation of this article into the Penalty
36Subaccount, which is hereby created in the Reusable Bag Account.
37The moneys in the Penalty Subaccount shall be expended by the
38department, upon appropriation by the Legislature, to assist the
39department with its costs of implementing this article.

 

P9    1Article 4.  Reporting Requirements
2

 

3

42285.  

(a) On or before January 1, 2017, the department shall
4submit a report to the Legislature in accordance with Section 9795
5of the Government Code, regarding the effectiveness of this chapter
6and recommendations for statutory changes to increase
7effectiveness, which shall include all of the following:

8(1) A compilation of state cleanup data to evaluate pollution
9reduction.

10(2) Recommendations to further encourage the use of reusable
11grocery bags by customers and stores.

12(3) An evaluation of the requirements for reusable bags specified
13in Section 42283.

14(4) Distribution of recycled paper bags.

15(5) Number and type of violations.

16(b) The department shall coordinate with other state and local
17agencies in compiling this report to maximize existing efforts and
18resources in the areas of litter reduction, water quality, and
19environmental protection.

20(c) Pursuant to Section 110231.5 of the Government Code, this
21section is repealed on January 1, 2018.

22 

23Article 5.  Enforcement
24

 

25

42286.  

(a) A city, a county, a city and county, or the state may
26impose civil liability in the amount of five hundred dollars ($500)
27for the first violation of this chapter, one thousand dollars ($1,000)
28for the second violation, and two thousand dollars ($2,000) for the
29third and subsequent violations.

30(b) Any civil penalties collected pursuant to subdivision (a)
31shall be paid to the office of the city attorney, city prosecutor,
32district attorney, or Attorney General, whichever office brought
33the action. The penalties collected pursuant to this section by the
34Attorney General may be expended by the Attorney General, upon
35appropriation by the Legislature, to enforce this chapter.

36(c) This section does not apply to a violation of Article 3
37(commencing with Section 42283).



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