BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                    THIRD READING


          Bill No:  SB 405
          Author:   Padilla (D), et al.
          Amended:  5/24/13
          Vote:     21

           
           SENATE ENVIRONMENTAL QUALITY COMMITTEE  :  5-3, 4/17/13
          AYES:  Hill, Corbett, Hancock, Jackson, Leno
          NOES:  Gaines, Calderon, Fuller
          NO VOTE RECORDED:  Pavley

           SENATE APPROPRIATIONS COMMITTEE  :  4-3, 5/23/13
          AYES:  De León, Hill, Padilla, Steinberg
          NOES:  Walters, Gaines, Lara


           SUBJECT  :    Solid waste:  single-use carryout bags

           SOURCE  :     Author


           DIGEST  :     This bill prohibits grocery stores and large  
          retailers from providing single-use bags to customers beginning  
          January 1, 2015.  The ban on single-use bags expands to  
          convenience food stores, foodmarts, and certain other specified  
          stores, on July 1, 2016.

           ANALYSIS  :    Existing law, under the At-Store Recycling Program  
          (part of the California Integrated Waste Management Act of  
          1989): 
           
           1. Requires operators of stores, defined as supermarkets and  
             stores over 10,000 square feet that includes a pharmacy, to  
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             establish an at-store recycling program, as specified. 

          2. Requires plastic carryout bag manufacturers to develop  
             educational materials to encourage reducing and recycling of  
             plastic carryout bags and make those materials available to  
             stores. 

          3. Allows cities and counties to adopt, implement, and enforce  
             local laws related to local curbside or drop-off recycling  
             programs.

          4. Authorizes a city, county, or the state to levy fines for  
             stores in violation of this law.  

          5. Defines "reusable bag" as a bag with handles and made of  
             either cloth or durable plastic.  Requires a reusable bag  
             made of plastic to be at least 2.25 mils thick and  
             specifically designed for multiple uses.

          6. Sunsets the above provisions on January 1, 2020. 

          This bill:

          1. Requires the following of a reusable grocery bag on and after  
             July 1, 2016:  (a) able to be used a minimum of 125 times as  
             specified; (b) can be cleaned; (c) have specified information  
             visibly on the bag or tag; (d) cannot contain lead, cadmium,  
             or any other heavy metal in toxic amounts; and, (e) must be  
             consistent with federal regulations related to recyclable  
             claims if the bag producer claims the bag is recyclable.

          2. Provides additional requirements of a reusable grocery bag if  
             made from plastic.

          3. Authorizes the Department of Resources Recycling and Recovery  
             (CalRecycle) to do the following:  (a) inspect and audit a  
             reusable bag producer and requires the producer to pay for  
             costs associated with the audit; (b) test a reusable bag for  
             compliance with the provisions of this bill; (c) enter into  
             an agreement with other state agencies to conduct inspections  
             necessary for enforcement; and, (d) assess administrative  
             civil penalties for violations of provisions of this bill.

          4. Requires penalties to be deposited into the Reusable Bag  

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             Account for purposes of implementing this bill upon  
             appropriation by the Legislature.

          5. Prohibits a single-use carryout bag (i.e. paper, plastic, or  
             other material) from being available at the point of sale to  
             a customer, as specified.

          6. Requires a store, on and after July 1, 2016, to make  
             available a reusable grocery bag at the point of sale.

          7. Authorizes a store to make available a recycled paper bag for  
             purchase at the point of sale.

          8. Requires a store to provide a customer participating in the  
             California's Special Supplemental Food Program for Women,  
             Infants, and Children with a reusable grocery bag or recycled  
             paper bag at no cost.

          9. Authorizes a store to make a compostable bag (i.e., meeting  
             certain compostable and other requirements) available for  
             purchase.

          10.Authorizes a city, county, city and county, or the state to  
             impose civil liability of $500 for the first violation of the  
             proposed law, $1,000 for the second violation, and $2,000 for  
             each subsequent violation.  Collected penalties must be paid  
             to whichever agency brought the action.  Provides that these  
             remedies are not exclusive, but are in addition to remedies  
             available under the state's Unfair Competition Law.

          12.Preempts local agencies from adopting a new ordinances  
             relating to reusable, single-use, or recycled paper bags  
             after January 1, 2014.

          13.Contains definitions for various terms for the purpose of  
             this bill.

           Background
           
          Plastic bags and plastic film together represent 2.2% of the  
          waste stream, and every year California taxpayers spend $25  
          million disposing of the 19 billion plastic bags used annually.   
          Although plastic represents a relatively small fraction of the  
          overall waste stream in California, plastic waste is the  

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          predominate form of marine debris.  Plastics are estimated to  
          compose 60-80% 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  
          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 UV 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. 

           Local bag ordinances  .  Approximately 70 local governments  
          throughout California have adopted ordinances banning plastic  
          bags including San Francisco, San Jose, Long Beach, Los Angeles  
          County, Santa Clara County, Alameda County and others.  Most of  
          these cities and counties 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.  

           No corresponding litter and pollution program funded by fees  .   
          Although, this bill authorizes a store to make a recycled paper  
          bag available for purchase at the point of sale, this bill does  
          not provide a funding mechanism to deal with litter and  
          pollution, as well as stormwater, sewer and water treatment  
          facility problems associated with bag debris.  Some previous  
          legislation included fees to be placed on bags to directly  
          address those problems.  

          On the other hand, some local governments place requirements on  
          how stores may expend the money collected from bag purchases.   
          For example, Los Angeles County allows the money generated by  

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          bag purchases and retained by stores to be used only for the  
          stores' costs of compliance, actual costs of providing  
          recyclable paper carryout bags, or costs for educational  
          materials/campaigns encouraging the use of reusable bags.

           Reusable bags are not perfect  .  Concern has been raised that  
          reusable grocery bags may have public health implications.  For  
          example, reusable bags can harbor bacteria such as coliform  
          bacteria, but washing the reusable bags can eliminate 99.9% of  
          bacteria.  However, a 2011 study examining reusable bags in  
          California and Arizona showed that 97% of people reported that  
          they never wash their bags.  

          In addition, a 2012 study, by Jonathan Klick and Joshua Wright,  
          from University of Pennsylvania and George Mason University,  
          respectively, on the public health impact of plastic bag bans  
          showed that emergency-room admissions related to E. coli  
          infections increased in San Francisco after the ban compared to  
          nearby counties that did not show the increase.  The San  
          Francisco ban was also associated with increases in salmonella  
          and other bacterial infections.  Similar effects were found in  
          other California local jurisdictions that adopted similar  
          ordinances.

           Prior/Related legislation
           
          SB 700 (Wolk) requires grocery stores and restaurants to collect  
          a charge of $0.05 for each single-use carryout bag provided to a  
          customer and requires the funds collected to be allocated to  
          reducing and cleaning up litter in local parks and programs.  

          The bill bans single-use plastic bags in grocery stores but  
          authorizes paper bags to be sold and allows the store to retain  
          the fee.  SB 700 (Wolk) requires a fee on both plastic and paper  
          single-use bags in grocery stores and restaurants, and requires  
          the revenue to be used for local public purposes.  

          AB 158 (Levine) is similar to this bill and prohibits grocery  
          stores from providing single-use plastic bags to customers, and  
          requires stores to make reusable grocery bags available for  
          purchase by customers.  

          SB 1219 (Wolk, Chapter 384, Statutes of 2012) extended the  
          sunset of the At-Store Recycling Program requirements from  

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          January 1, 2013 to January 1, 2020 and repealed the provisions  
          preempting local regulatory action related to the at-store  
          recycling program requirements.

          SB 1106 (Strickland of 2012) prohibited the manufacture,  
          distribution, and sale of reusable bags without a warning label  
          that both specified the need for reusable bags to be cleaned and  
          disinfected between uses and outlines the health risks  
          associated with not cleaning or disinfecting reusable bags  
          between uses.  The bill failed in the Senate Environmental  
          Quality Committee.

          AB 298 (Brownley of 2012), prohibited stores from providing  
          single-use plastic bags to customers, required stores to make  
          reusable grocery bags, as defined, available for purchase by  
          customers, and created standards for reusable bags.  The bill  
          was held on the Senate Appropriations Committee suspense file.

          AB 1834 (Brownley of 2012) defined "reusable bag" for purposes  
          of the At-Store Recycling Program Law and would have specified  
          that on and after July 1, 2013, the definition of what is a  
          reusable bag under this bill will become operative.  Between  
          January 1, 2013 until June 30, 2013, the current At-Store  
          Recycling Program Law would have remained operative.  The bill  
          would have become operative only if SB 1219 (Wolk) became law.   
          The bill was placed on the Senate inactive file and died on the  
          Senate floor.

          AB 1998 (Brownley of 2010) repealed the at-store recycling  
          program and instead prohibited stores from providing a  
          single-use plastic carryout bag to a customer and required  
          stores to provide reusable bags for purchase or recycled paper  
          bags for a fee.  The bill died on the Senate Floor.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No


          According to the Senate Appropriations Committee:


             One-time costs of about $150,000 from the Integrated Waste  
             Management Fund (special fund) to develop regulations  
             pertaining to oversight of reusable bag standards. 

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             Ongoing costs of approximately $100,000 from the Integrated  
             Waste Management Fund for enforcement of reusable bag  
             standards.

             One-time costs of $500,000 from the Integrated Waste  
             Management Fund for reporting requirements.

           SUPPORT  :   (Verified  5/24/13)

          Azul
          BagIt
          California Coastal Coalition
          California Coastkeeper Alliance
          California State Association of Counties
          Californians Against Waste
          Central Contra Costa County Solid Waste Authority
          City and County of San Francisco
          Cities of El Cerrito, Palo Alto, Sacramento, and Sunnyvale
          Clean Water Action
          Contra Costa Clean Water Program
          Ecology Action
          Environment California
          Green Chamber of Commerce
          Green Sangha
          Green Vets Los Angeles
          Heal The Bay
          Humboldt Waste Management Authority 
          La Mode Verte Productions
          Los Angeles County Integrated Waste Management Task Force
          Marin County Hazardous & Solid Waste Mgmt JPA
          Napa Valley CanDo Environment Group
          Natural Resources Defense Council
          Northern California Recycling Association
          Ocean Conservation Society
          Pacifica's Environmental Family
          Planning and Conservation League
          Plastic Pollution Coalition
          Plasticbaglaws.org
          Santa Clara County Recycling & Waste Reduction Commission
          Santa Monica High School
          Save Our Shores
          Seventh Generation Advisors

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          Sierra Club California
          Surfrider Foundation
          Team Marine - Santa Monica High School
          The 5 Gyres Institute
          Turtle Island Restoration Network
          United Food & Commercial Workers Western States
          Wildcoast

           OPPOSITION  :    (Verified  5/24/13)

          99[ Outlet
          Achasi's Mini Market
          Advance Polybag, Inc.
          American Forest and Paper Association
          Angela's Drive In Dairy
          Arctic Hot Spot
          Azusa Council Member Angel Carrillo
          Bell Gardens Chamber of Commerce
          Bell Gardens Mayor Sergio Infanzon
          Brianna's Miss Store
          Cities Restaurant
          Clear Skies Enterprises
          Congress of Racial Equality of California
          Crown Poly, Inc.
          Drive In Rancho Market
          Eagle Portables
          EDD
          Elkay Plastics Co., Inc.
          ETS
          First Store 989
          Fiscal Credit Union
          GDS Institute
          Hilex Poly Co.
          Hollywood Work Source Center
          La Alicia Meat Market
          La Favorita Bakery
          La Princesita Market
          Linnie's Pet Pampering
          Maledzing Shoppe
          Mendocino Solid Waste Management Authority
          Noble Affair
          Oldtimers Foundation
          Orange County Adult Achievement Center
          Pasteleria Tres Leches

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          Pico Rivera Mayor Gustavo Camacho
          Pink
          Planet Aid
          REAA
          So Cal Burgers
          South Gate Chamber of Commerce
          St. Louis Drug Co.
          Superbag Operating, Ltd.
          Telacu
          Teresita's
          Terminix
          The Cantero Group
          The Voice Media
          Third Baptist Church of San Francisco, Inc.
          U.S. Black Chamber, Inc.
          Ugly Cherry Cream Nut Pie
          Unique Dollar
          West Angeles Church of God in Christ


          RM:d  5/24/13   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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