SB 700, as introduced, Wolk. Natural resources: parks: carryout bags.
(1) Existing law 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. This requirement is repealed on January 1, 2013. Existing law prohibits a city, county, or other local public agency from taking specified regulatory actions with regard to the recycling of plastic carryout bags. Existing law provides for the enforcement of those provisions by local agencies and by the state and requires the civil penalties collected by the state to be expended by the Attorney General, upon appropriation by the Legislature, to implement these requirements.
This bill would require a retail establishment, as defined, to collect a charge of $0.05 for each single-use carryout bag provided to a customer. The bill would require the retail establishment to retain $0.005 of that charge and would allow a retail establishment to retain an additional $0.005 if the retail establishment credits the consumer no less than $0.05 for each carryout bag provided by the consumer for packaging his or her purchases, and meets other requirements.
The bill would require the retail establishment to remit the collected charges to the State Board of Equalization, which would be required to collect the charges pursuant to the Fee Collection Procedures Law. Since certain violations of that law are a crime, the bill would impose a state-mandated local program.
The bill would allow the governing body of a city or county to adopt an ordinance that provides that the charge does not apply in that city or county.
The bill would require the collected charges to be deposited in the Local Environmental Enhancement Fund, which this bill would create in the State Treasury. The bill would provide that the money deposited in the fund is available for expenditure by the Natural Resources Agency, upon appropriation by the Legislature. The bill would require the agency, after retaining no more than 5% of the moneys for the implementation of the bill, to allocate the remaining revenues in the fund to issue grants to a city or county for local parks and for local programs aimed at reducing and cleaning up litter. The bill would allow a city or county to apply for grants up to an amount that does not exceed the total amount of revenues generated by the city or county in which the park or program is located, except as specified with regard to administrative costs.
This bill would constitute a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIII A of the California Constitution, and thus would require for passage the approval of 2⁄3 of the membership of each house of the Legislature.
(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: 2⁄3. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Chapter 1.21 (commencing with Section 5081)
2is added to Division 5 of the Public Resources Code, to read:
There is hereby established the Local Environmental
4Enhancement Fund in the State Treasury. All moneys deposited
5in the fund are available for expenditure by the Natural Resources
6Agency, upon appropriation by the Legislature, for the purposes
7of this chapter. After retaining no more than 5 percent of the
8moneys annually deposited in the Local Environmental
9Enhancement Fund for the implementation of this chapter, the
10Natural Resources Agency shall allocate the remaining revenues
11in the fund to issue grants to cities and counties for local parks and
12for local programs aimed at reducing and cleaning up litter, which
13shall include grants for any of the following purposes:
14(a) Operating and maintenance costs, including repair costs, for
15facilities, visitor centers,
restrooms, campsites, and ranger stations,
16with priority for the expenditure of the grant by private nonprofit
17organizations that have taken over park operations.
18(b) Acquisitions, with priority for parks in disadvantaged
19communities with few park resources.
20(c) Expansion of access to parks, including public outreach and
21education, improved transportation access, safety, and security.
22(d) Protecting and restoring park cultural and historical
23resources.
24(e) Litter abatement and cleanup programs, including beach
25cleanup programs.
(a) A grant shall not be issued pursuant to this chapter
27if the park or program is located within a jurisdiction that has
28adopted an ordinance pursuant to Section 42285.
29(b) A city or county may apply for a grant pursuant to Section
305081 in an amount that does not exceed the total amount of
31revenues generated by retail establishments located in that city or
32county pursuant to Chapter 5.2 (commencing with Section 42280)
33of Part 3 of Division 30, less the administrative costs authorized
34by this chapter and subdivision (d) of Section 42282.
Chapter 5.2 (commencing with Section 42280) is added
36to Part 3 of Division 30 of the Public Resources Code, to read:
For the purposes of this chapter, the following terms
4shall apply:
5(a) “Retail establishment” means a retail establishment that sells
6food for consumption on or off the premises or that is issued a
7Type 20 or Type 21 license by the Department of Alcoholic
8Beverage Control.
9(b) “Reusable grocery bag” means a bag made of cloth or other
10machine washable fabric that has handles or a durable plastic bag
11with handles that is at least 2.25 mils thick, contains at least 20
12percent postconsumer recycled material, and is specifically
13designed for multiple uses.
14(c) “Single-use carryout bag” means a bag made of plastic,
15paper, or other material
that is provided by a store to a customer
16at the point of sale and that is not a reusable grocery bag.
(a) There is hereby imposed on each customer making
18a purchase from a retail establishment a charge of five cents ($0.05)
19for each single-use carryout bag.
20(b) A customer shall pay the charge specified in subdivision (a)
21to the retailer at the time of the purchase.
22(c) A retail establishment shall indicate on the consumer
23transaction receipt the number of single-use carryout bags provided
24and the total amount of the charge.
25(d) (1) A retail establishment shall retain five mills ($0.005) of
26each five-cent ($0.05) charge paid pursuant to subdivision (a).
27(2) A retail establishment may retain an additional five mills
28($0.005) of each five-cent ($0.05) charge paid pursuant to
29subdivision (a) if the retail establishment does all of the following:
30(A) Credits the consumer no less than five cents ($0.05) for
31each carryout bag provided by a consumer for packaging the
32consumer’s purchases, regardless of whether that bag is paper,
33plastic, or reusable.
34(B) Prominently advertises the credit specified in subparagraph
35(A) at each checkout register.
36(C) Reflects the total credit amount on the consumer transaction
37receipt.
38(e) Notwithstanding Section 6011 of the Revenue and Taxation
39Code, “sales price” shall not include the charge imposed pursuant
40to this
section.
(a) A retail establishment subject to this chapter shall
2remit the charges collected pursuant to Section 42281 to the State
3Board of Equalization.
4(b) The State Board of Equalization shall collect the charges
5pursuant to the Fee Collection Procedures Law (Part 30
6(commencing with Section 55001) of Division 2 of the Revenue
7and Taxation Code). For the purposes of this section, the reference
8in the Fee Collection Procedures Law to “feepayer” shall include
9a consumer or a retail establishment.
10(c) The State Board of Equalization shall adopt regulations for
11the frequency and method for reporting and transmitting the
12charges collected pursuant to this section.
13(d) The State Board of Equalization may retain and expend,
14upon appropriation by the Legislature, not more than 5 percent of
15the charges annually collected pursuant to this chapter for purposes
16of administering the fee collection provisions of this chapter.
(a) Except as provided in Section 42281, all charges
18collected pursuant to this chapter shall be deposited in the Local
19Environmental Enhancement Fund, for expenditure pursuant to
20Chapter 1.21 (commencing with Section 5081) of Division 5.
21(b) The State Board of Equalization shall establish a procedure
22for tracking all revenues deposited in the Local Environmental
23Enhancement Fund based on the city or county where the retail
24establishment is located.
(a) This chapter does not preempt or prohibit the
26adoption, implementation, or enforcement of any local ordinance,
27resolution, regulation, or rule governing single-use carryout bags,
28including, but not limited to, the imposition of a charge or fee with
29regard to the sale or distribution of single-use carryout bags.
30(b) This chapter does not prohibit the adoption, implementation,
31or enforcement of any local ordinance, resolution, regulation, or
32rule governing curbside or drop off recycling programs operated
33by, or pursuant to a contract with, a city, county, or other public
34agency, including any action relating to fees or charges for these
35programs.
36(c) This chapter does not affect
any contract, franchise, permit,
37license, or other arrangement regarding the collection or recycling
38of solid waste or household hazardous waste.
The governing body of a city or county may adopt an
2ordinance that provides that the charge imposed pursuant to this
3chapter does not apply in that city or county.
No reimbursement is required by this act pursuant to
5Section 6 of Article XIII B of the California Constitution because
6the only costs that may be incurred by a local agency or school
7district will be incurred because this act creates a new crime or
8infraction, eliminates a crime or infraction, or changes the penalty
9for a crime or infraction, within the meaning of Section 17556 of
10the Government Code, or changes the definition of a crime within
11the meaning of Section 6 of Article XIII B of the California
12Constitution.
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