BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 405| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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 CONTINUED SB 405 Page 2 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 CONTINUED SB 405 Page 3 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 CONTINUED SB 405 Page 4 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 CONTINUED SB 405 Page 5 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 CONTINUED SB 405 Page 6 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. CONTINUED SB 405 Page 7 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 CONTINUED SB 405 Page 8 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 CONTINUED SB 405 Page 9 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 **** END **** CONTINUED