Amended in Senate April 2, 2013

Senate Bill No. 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 amended, 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 begin insert , as of January 1, 2015, end insert would begin delete , as of January 1, 2015, end delete 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 begin insert grocery end insert bags to customers.

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

The bill would begin delete , beginning January 1, 2016, end delete require a reusable grocery begin delete 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 end delete begin insert bag that a store is required to sell on and after July 1, 2016, to meet end insert specified requirements. begin delete 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. end delete A violation of begin delete these certification requirements end delete begin insert that requirement and the requirements that would be imposed upon grocery bag producers to submit certain laboratory test results end insert would be subject to an administrative civil penalty assessed by the begin delete department end delete begin insert Department of Resources Recycling and Recovery end insert . The department would be required to deposit these penalties into the begin delete Penalty Subaccount, end delete begin insert Reusable Bag Account, end insert which begin delete the bill end delete would begin delete create in the Reusable Bag Account end delete begin insert be created in the Integrated Waste Management Fund end insert , for expenditure by the department, upon appropriation by the Legislature, to implement begin delete the certification end delete begin insert those end insert 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 begin delete , except for the certification requirements end delete . The bill would require these civil penalties to be paid to the office of the city attorney, city prosecutor, district attorney, or Attorney General, whichever office brought the action, and would allow the penalties collected by the Attorney General to be expended by the Attorney General, upon appropriation by the Legislature, to enforce the bill’s provisions. begin insert The bill would provide that these remedies are not exclusive, as specified. end insert

Vote: majority. Appropriation: no. 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.  

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

(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), begin delete the paper
carryout bag end delete 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.

begin delete

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

end delete begin delete

(4)

end delete

begin insert (3) end insert  Has printed on the bag the name of the manufacturer, the
begin delete location (country) end delete begin insert country end insert where the bag was manufactured, and
the minimum percentage of postconsumer content.

begin delete

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

end delete begin delete

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

end delete begin delete

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

end delete begin delete

(2)

end delete

begin insert (d) end insert  “Reusable grocery bag” on and after July 1, 2016, means a
bag that meets the requirements of Section begin delete 42283 end delete begin insert 42281 end insert .

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

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

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

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

(f) (1) “Single-use carryout bag” means a bag made of plastic,
paper, or other material begin delete , end delete that is provided by a store to a customer
at the point of sale and that is not begin insert a recycled paper bag or end insert a
reusable grocery bag that meets the requirements of Section begin delete 42283,
on and after July 1, 2016, and paragraph (1) of subdivision (d) of
this section on or before June 30, 2016 end delete begin insert 42281 end insert .

(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 or reusable grocery bag.

(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) begin delete , end delete or more, and begin delete which end delete begin insert that end insert sells
a line of dry begin delete grocery end delete begin insert groceries end insert , canned goods, or nonfood items begin insert , end insert
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.

begin delete

 

Article 2.  Carryout Bag Regulation

 

42281.  

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

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

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

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

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

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

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

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

(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 a consumer at the point
of sale a compostable bag at a cost not less than the actual cost of
the bags.

42282.  

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

end delete

 

Article begin delete 3. end delete begin insert 2. end insert   Reusable Grocery Bags

 

begin delete 42283. end delete
begin insert 42281. end insert   

(a) On and after July 1, 2016, a reusable grocery bag
begin insert that is sold pursuant to subdivision (c) of Section 42282 end insert shall meet
all of the following requirements:

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

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

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

(3) Have 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 the following information:

(A) The name of the manufacturer.

(B) The begin delete location (country) end delete begin insert country end insert where the bag was
manufactured.

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

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

(4)  begin delete It shall end delete begin insert Does end insert not contain lead, cadmium, or any other heavy
metal in toxic amounts. This requirement shall not affect any
authority of the Department of Toxic Substances Control pursuant
to Article 14 (commencing with Section 25251) of Chapter 6.5 of
Division 20 of the Health and Safety Code and, notwithstanding
subdivision (c) of Section 25257.1 of the Health and Safety Code,
the reusable grocery bag shall not be considered as a product
category already regulated or subject to regulation.

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

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

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

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

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

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

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

(d)  begin delete (1) end delete begin delete   end delete If a plastic reusable grocery bag producer is unable to
obtain sufficient amounts of postconsumer recycled material to
comply with this article begin delete within a reporting period end delete because of
unavailability, the producer shall begin delete demonstrate to the department
the actions taken by that plastic reusable grocery bag producer to
find that postconsumer recycled material end delete begin insert include the greatest
amount of postconsumer recycled material possible in the reusable
grocery bag even if this amount is less than required by paragraph
(1) of subdivision (b) and shall indicate the percentage that is
postconsumer recycled material end insert .

begin delete

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

end delete begin delete

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

end delete

begin delete

42284.  

(a) On or before January 1, 2016, and on January 1
every two years thereafter on a schedule and in a manner
determined by the department, a reusable grocery bag producer
shall submit a certification to the department 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 that meets the requirements of Section 42283.

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

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

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

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

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

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

(f)

end delete

begin insert

begin insert 42282. end insert   

end insert

begin insert (a) end insert  The department may inspect and audit a reusable
begin insert grocery end insert bag producer subject to this article with all costs associated
with the audit being paid for by the reusable grocery bag producer.

begin insert

(b) Upon request by the department, a reusable grocery bag
producer shall submit laboratory test results from independent,
accredited (ISO/IEC 17025) laboratories to the department
validating the reusable grocery bag meets the requirements of
Section 44281 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.

end insert begin delete

(g)

end delete

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

begin delete

(h)

end delete

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

begin delete

(i)

end delete

begin insert (e) end insert  Notwithstanding Section begin delete 42286 end delete begin insert 42285 end insert , begin delete any end delete begin insert a end insert violation of
this article shall be subject to an administrative civil penalty
assessed by the department in an amount not to exceed five hundred
dollars ($500) for the first violation. A subsequent violation may
be subject to an increased penalty of up to five hundred dollars
($500) per violation, not to exceed five thousand dollars ($5,000)
per violation.

begin delete

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

end delete begin delete

(k)

end delete

begin insert (f) end insert  The department shall deposit all penalties collected pursuant
to subdivision begin delete (i) end delete begin insert (d) end insert for a violation of this article into the begin delete Penalty
Subaccount end delete begin insert Reusable Bag Account end insert , which is hereby created in the
begin delete Reusable Bag Account end delete begin insert Integrated Waste Management Fund end insert . The
moneys in the begin delete Penalty Subaccount end delete begin insert Reusable Bag Account end insert shall be
expended by the department, upon appropriation by the Legislature,
to assist the department with its costs of implementing this article.

 

begin insert

Article begin insert 3. end insert   begin insert Single-Use Carryout Bags end insert

end insert

 

begin insert

begin insert 42283. end insert   

(a) On and after January 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) On and after July 1, 2016, a store, as defined in paragraph
(3) of subdivision (g) of Section 42280, shall not provide a
single-use carryout bag to a customer at the point of sale.

(c) (1) On and after July 1, 2016, a store shall make available
for purchase by a customer reusable grocery bags that meet the
requirements of Section 42281.

(2) On and after July 1, 2016, a store shall not sell or distribute
a reusable bag at the point of sale that does not meet the
requirements of Section 42281.

(d) A store may make available for purchase at the point of sale
a recycled paper bag.

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

(f) Notwithstanding subdivisions (a) and (b), a store may make
available for purchase at the point of sale a compostable bag that,
at a minimum, meets the American Society for Testing and
Materials (ASTM) Standard Specification for Compostable Plastics
D6400, if, in the jurisdiction where the compostable bag is sold,
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 a consumer at the point
of sale a compostable bag at a cost not less than the actual cost
of the bags.

end insert

 

Article 4.  Reporting Requirements

 

begin delete 42285. end delete
begin insert 42284. end insert   

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

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

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

(3) An evaluation of the requirements for reusable begin insert grocery end insert bags
specified in Section begin delete 42283 end delete begin insert 42281 end insert .

(4) Distribution of recycled paper bags.

(5) Number and type of violations.

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

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

 

Article 5.  Enforcement

 

begin delete 42286. end delete
begin insert 42285. end insert   

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

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

(c)  begin delete This section does not apply to a violation of Article 3
(commencing with Section 42283). end delete begin insert The remedies provided by this
section shall not be exclusive and shall be in addition to the
remedies that may be available pursuant to Chapter 5 (commencing
with Section 17200) of Part 2 of Division 7 of the Business and
Professions Code. end insert