BILL NUMBER: SB 405 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 2, 2013
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 , as of January 1, 2015,
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 grocery bags to customers.
The bill , on and after July 1, 2016, 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
bag that a store is required to sell on and after July 1, 2016, to
meet 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
that requirement and the requirements that would be imposed upon
grocery bag producers to submit certain laboratory test results
would be subject to an administrative civil penalty assessed by
the department Department of Resources
Recycling and Recovery . The department would be required to
deposit these penalties into the Penalty Subaccount,
Reusable Bag Account, which the bill
would create in the Reusable Bag Account
be created in the Integrated Waste Management Fund , for
expenditure by the department, upon appropriation by the Legislature,
to implement the certification those
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. The bill would
provide that these remedies are not exclusive, as specified.
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), the paper
carryout bag 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) 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.
(4)
(3) Has printed on the bag the name of the
manufacturer, the location (country) country
where the bag was manufactured, and the minimum percentage of
postconsumer content.
(d) (1) "Reusable grocery bag" on or before June 30, 2016, means
either of the following:
(A) A bag made of cloth or other machine washable fabric that has
handles.
(B) A durable plastic bag with handles that is at least 2.25 mils
thick and specifically designed for multiple reuses.
(2)
(d) "Reusable grocery bag" on and after July 1, 2016,
means a bag that meets the requirements of Section 42283
42281 .
(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 , 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 42283, on and after July 1, 2016,
and paragraph (1) of subdivision (d) of this section on or before
June 30, 2016 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 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) , or more,
and which that sells a line of dry
grocery 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.
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.
Article 3. 2. Reusable Grocery
Bags
42283. 42281. (a) On and after July
1, 2016, a reusable grocery bag that is sold pursuant to
subdivision (c) of Section 42282 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 location (country) country
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) It shall Does 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) 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.
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) 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) (1) If a plastic
reusable grocery bag producer is unable to obtain sufficient amounts
of postconsumer recycled material to comply with this article
within a reporting period because of
unavailability, the producer shall demonstrate to the
department the actions taken by that plastic reusable grocery bag
producer to find that postconsumer recycled material
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 .
(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.
(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.
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)
42282. (a) The department may inspect and
audit a reusable grocery bag producer subject to this
article with all costs associated with the audit being paid for by
the reusable grocery bag producer.
(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.
(g)
(c) 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)
(d) The department may enter into an agreement with
other state entities that conduct inspections to provide necessary
enforcement of this article.
(i)
(e) Notwithstanding Section 42286
42285 , any a 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.
(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.
(k)
(f) The department shall deposit all penalties
collected pursuant to subdivision (i) (d)
for a violation of this article into the Penalty
Subaccount Reusable Bag Account , which is
hereby created in the Reusable Bag Account
Integrated Waste Management Fund . The moneys in the
Penalty Subaccount 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.
Article 3. Single-Use Carryout Bags
42283. (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.
Article 4. Reporting Requirements
42285. 42284. (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
, 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 grocery
bags specified in Section 42283 42281
.
(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
42286. 42285. (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) This section does not apply to a violation of Article
3 (commencing with Section 42283). 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.