BILL NUMBER: AB 190	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 11, 2015

INTRODUCED BY   Assembly Member Harper
    (   Principal coauthor:   Senator 
 Vidak   ) 
    (   Coauthors:   Assembly Members 
 Travis Allen,   Brough,   Gallagher, 
 Patterson,   Wagner,   and Wilk   )

    (   Coauthors:   Senators  
Anderson   and Nielsen   ) 

                        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 amended, Harper. Solid waste: single-use carryout bags.

   Existing law, inoperative due to a pending referendum 
petition,   election,  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,   election,  but not included in the
 pending referendum  petition  
election,  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,
  election,  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. 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,   businesses, and to avoid costly preparations for
an unnecessary election,  it is necessary for this act to take
effect immediately.