BILL NUMBER: AB 190	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Harper

                        JANUARY 27, 2015

   An act to repeal Chapter 5.3 (commencing with Section 42280) of
Part 3 of Division 30 of the Public Resources Code, and to repeal
Section 2 of Chapter 850 of the Statutes of 2014, relating to solid
waste, and declaring the urgency thereof, to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 190, as introduced, Harper. Solid waste: single-use carryout
bags.
   Existing law, inoperative due to a pending referendum petition,
would otherwise, as of July 1, 2015, prohibit stores that have a
specified amount of sales in dollars or retail floor space from
providing a single-use carryout bag to a customer, with specified
exceptions. That law would also prohibit those stores from selling or
distributing a recycled paper bag at the point of sale unless the
store makes that bag available for purchase for not less than $0.10
and would allow those stores to distribute compostable bags at the
point of sale only in jurisdictions that meet specified requirements
and at a cost of not less than $0.10.
   This same law, on and after July 1, 2016, would additionally
impose these prohibitions and requirements on convenience food
stores, foodmarts, and entities that are engaged in the sale of a
limited line of goods, or goods intended to be consumed off premises,
and that hold a specified license with regard to alcoholic
beverages.
   This inoperative law would require, on and after July 1, 2015, a
reusable grocery bag sold by certain stores to a customer at the
point of sale to be made by a certified reusable grocery bag producer
and to meet specified requirements with regard to the bag's
durability, material, labeling, heavy metal content, and, with regard
to reusable grocery bags made from plastic film on and after January
1, 2016, recycled material content.
   Existing law, included in the bill that enacted the provisions
currently inoperative due to the pending referendum petition, but not
included in the pending referendum petition and thus operative,
appropriates $2,000,000 from the Recycling Market Development
Revolving Loan Subaccount in the Integrated Waste Management Account
to the department for the purposes of providing loans for the
creation and retention of jobs and economic activity in California
for the manufacture and recycling of plastic reusable grocery bags
that use recycled content.
   Existing law, subject to the referendum petition, requires the
department, no later than March 1, 2018, to provide a status report
to the Legislature on the implementation of all of these provisions.
   This bill would repeal the above provisions and related
provisions.
   This bill would declare that it is to take effect immediately as
an urgency statute.
   Vote: 2/3. 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) of Part 3
of Division 30 of the Public Resources Code is repealed.
  SEC. 2.  Section 2 of Chapter 850 of the Statutes of 2014 is
repealed. 
  Sec. 2.    No later than March 1, 2018, the
department, as a part of its reporting requirement pursuant to
Section 40507 of the Public Resources Code, shall provide a status
report on the implementation of Chapter 5.3 (commencing with Section
42280) of Part 3 of Division 30 of the Public Resources Code.

  SEC. 3.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   In order to prevent the negative effects that these provisions
would have on consumers and businesses beginning on July 1, 2015, it
is necessary for this act to take effect immediately.