BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 190


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          Date of Hearing:  April 13, 2015


                       ASSEMBLY COMMITTEE ON NATURAL RESOURCES


                                 Das Williams, Chair


          AB  
                       190 (Harper) - As Amended  March 11, 2015


          SUBJECT:  Solid waste: single-use carryout bags.


          SUMMARY:  Repeals California's plastic bag law, which is currently  
          inoperative pending the outcome of a referendum on the November  
          2016 ballot.  





          EXISTING LAW:  Pursuant to SB 270 (Padilla), Chapter 850,  
          Statutes of 2014 (SB 270), establishes various requirements  
          relating to the distribution of carryout bags, but is currently  
          inoperative pending the outcome of the referendum to repeal the  
          state's ban on single-use plastic bags.  


           


          1)Establishes various definitions relating to carryout bags,  
            including:  

             a)   "Recycled paper bag" as a paper carryout bag provided by  
               a store to a customer at the point of sale and contains a  
               minimum of 40% postconsumer recycled materials.  For a bag  
               with the capacity to hold eight pounds or less, the bag  
               must contain at least 20% postconsumer recycled materials.   








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               A recycled paper bag must be accepted for recycling in a  
               majority of households in curbside recycling programs in  
               the state, as well as have specified information printed on  
               the bag.

             b)   "Reusable grocery bag" as a bag that can be used a  
               minimum of 125 times, as specified; can be cleaned; has  
               specified information visible on the bag; cannot contain  
               lead, cadmium, or any other toxic material that may pose a  
               threat to public health; and, must be consistent with  
               federal regulations related to recyclable claims if the bag  
               producer claims the bag is recyclable



             c)   "Single-use carryout bag" as a bag made of plastic,  
               paper, or other material that is provided by a store to a  
               customer at the point of sale.  Exempts from this  
               definition specified bags, including a bag provided by a  
               pharmacy for a prescription purchase, a non-handled bag  
               used to protect an item from damaging or contaminating  
               other items when placed in a recycled paper bag or reusable  
               grocery bag, and a dry-cleaning or garment bag.



             d)   "Store" as a full-line self-service retail store with  
               gross annual sales of at least $2 million and sells a line  
               of dry grocery, canned goods, or nonfood items and some  
               perishables (a typical grocery store); has at least 10,000  
               square feet of retail space and a pharmacy; or, a  
               convenience food store or foodmart.  Includes in the  
               definition of store any other retail establishment that  
               voluntarily agrees to comply with the requirements of this  
               bill.



          2)Prohibits stores from making single-use carryout bags  
            available at the point of sale on the following timeline:

             a)   On and after January 1, 2015, at either a grocery store  








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               or retailer with at least 10,000 square feet of retail  
               space and a pharmacy.

             b)   On and after July 1, 2016, at a convenience food store  
               and foodmart.



          3)Authorizes a store to make available a reusable grocery bag or  
            recycled paper bag at the point of sale.  Requires that these  
            bags may not be sold to a consumer for less than $0.10.

          4)Requires that all monies collected by stores pursuant to this  
            law be retained at the store and be used for costs associated  
            with complying with the law; actual costs of providing  
            recycled paper bags and reusable grocery bags; and costs  
            associated with a store's educational materials or educational  
            campaign encouraging the use of reusable bags.



          5)Requires a store to provide a reusable bag or recycled paper  
            bag at no charge to any customer using California Special  
            Supplemental Food Program for Women, Infants and Children  
            benefits, CalFresh benefits (federally known as Supplemental  
            Nutrition Assistance Program [SNAP] benefits), California Food  
            Assistance Program benefits, or cash aid benefits.



          6)Preempts local ordinances adopted on or after September 1,  
            2014, relating to reusable grocery bags, single-use carryout  
            bags, or recycled paper bags.


          THIS BILL:     


          1)Repeals the provisions of SB 270.  











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          2)Includes an urgency clause, which states that this bill is  
            necessary for the immediate preservation of the public peace,  
            health, or safety within the meaning of Article IV of the  
            Constitution in order to prevent the negative effects of SB  
            270 on consumers and businesses and to avoid costly  
            preparations for an unnecessary election.  


          FISCAL EFFECT:  Unknown 


          COMMENTS:  


          1)This bill.  According to the author, "there is no proof that  
            the ban will be effective, but what is certain is that it will  
            result in an undue hardship for California's consumers?  [AB]  
            190 is needed to repeal SB 270's unnecessary grip and fees  
            upon Californians and the excessive retailer windfall caused  
            by the fee."   
           
          2)Background on plastic.  Plastic bags and plastic film together  
            represent just over 2% of the waste stream, and every year  
            California taxpayers spend $25 million disposing of the 14  
            billion plastic bags used annually.  Although plastic  
            represents a relatively small fraction of the overall waste  
            stream in California by weight, plastic waste is the  
            predominate form of marine debris.  Plastics are estimated to  
            comprise 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.   Unlike most forms of plastic, lightweight  
            single-use bags pose a litter threat even when properly  
            disposed of by consumers; they are prone to blowing off the  
            working surface of landfills and off of trucks during  
            transport.  



            Due to the interplay of ocean currents, marine debris  
            preferentially accumulates in certain areas throughout the  








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            ocean.  According to Eriksen et al. (2014), 24 expeditions  
            from 2007-2013 estimated that there is approximately 96,400  
            metric tons of floating plastic in the Northern Pacific 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 confused with  
            small fish, plankton, or krill and ingested by aquatic  
            organisms.  Plastic bags can be mistaken for jellyfish,  
            especially by sea turtles.  Over 600 marine animal species  
            have been negatively affected by ingesting plastic worldwide.   
            Last month, scientists at the ARC Centre of Excellence for  
            Coral Reef Studies at James Cook University found that corals  
            are also ingesting small plastic particles, which remain in  
            their small stomach cavities and impede their ability to  
            consume and digest normal food.  



            In addition to the physical impacts of plastic pollution,  
            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 where  
            they enter and accumulate in the food chain.



            In 2007, the OPC adopted a resolution on "reducing and  
            preventing marine debris." A year later, OPC released the  
            Implementation Strategy for the [OPC] Resolution to Reduce and  
            Prevent Ocean Litter, which established four broad objectives  
            to reduce marine debris: 1) Reduce single-use packaging and  
            promote sustainable alternatives; 2) Prevent and control  








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            litter and plastic debris; 3) Cleanup and remove ocean litter;  
            and, 4) Coordinate with other jurisdictions in the pacific  
            region.

          3)Local action.  Over 100 cities and counties throughout  
            California have adopted ordinances banning plastic bags,  
            including Los Angeles, Santa Barbara, San Francisco, San Jose,  
            Long Beach, Los Angeles County, Santa Clara County, and  
            Alameda County.  Many of these local governments 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.   
            While current law preempts local ordinances adopted after  
            September 1, 2014, many local governments are considering  
            adopting a ban while the law is inoperative pending the  
            outcome of the referendum.  If AB 190 is chaptered, the  
            preemption would be repealed.   

          Huntington Beach, located within the author's district, adopted  
            a ban in 2013.  In January of this year, the city council  
            voted to "take the necessary steps" to repeal the ban,  
            beginning with an Environmental Impact Report, which is  
            expected to be completed by the end of April.  

          4)Let the voters decide?  The Referendum to Overturn Ban on  
            Single-Use Plastic Bags was certified by the California  
            Secretary of State on February 24, 2015 after receiving a  
            total of 809,810 signatures, 598,684 of which were projected  
            to be valid. The measure will be on the November 8, 2016  
            ballot.  The American Progressive Bag Alliance is the main  
            proponent for the repeal; other supporters include the City of  
            Laguna Niguel, 7 other organizations, and 11 businesses.  The  
            campaign to support SB 270 and oppose the referendum is led by  
            California vs. Big Plastic, and includes 7 State officials, 21  
            municipalities, over 60 organizations, and 6 businesses.  As  
            of February 2, 2015, referendum proponents have raised over  
            $6.6 million, nearly all of that from the plastic industry.   
            SB 270 supporters have raised just under $100,000 from  
            environmental organizations and reusable bag manufacturers. 



          A poll conducted by the University of Southern California and  








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            the Los Angeles Times in November 2014 found that 59% of  
            California voters would vote in support of the ban; 34%  
            indicated that they would vote for repeal.   

          5)Previous legislation.  A significant number of bills related  
            to single-use bags have been introduced.  



             a)   AB 2058 (Levine) of 2007 would have prohibited the free  
               dispensing of carryout plastic bags by a store to its  
               customers, unless the store can demonstrate to the former  
               California Integrated Waste Management Board (CIWMB), now  
               CalRecycle, that 70% of the plastic bags it dispensed had  
               been diverted from the waste stream.  AB 2058 was held in  
               Senate Appropriations Committee.

             b)   SB 531 (DeSaulnier) of 2009 would have required  
               manufacturers of plastic carryout bags to consult with  
               various entities, including the CIWMB, when developing  
               specified educational materials to encourage the reduced  
               use or recycling of those bags, and authorized the CIWMB to  
               modify those materials.  SB 531 was held in Assembly  
               Natural Resources Committee without further action.



             c)   AB 68 (Brownley) of 2009 and AB 87 (Davis) of 2009 both  
               would have required a 25 cent fee on the distribution of  
               single-use carryout bags.  Both bills were held in the  
               Assembly Appropriations Committee. 



             d)   AB 2138 (Chesbro) of 2010 would have established  
               recycling and composting requirements for take-out food  
               packaging, including bags.  AB 2138 was held on the  
               Assembly Appropriations Committee suspense file.



             e)   AB 1998 (Brownley) of 2010 would have repealed the  








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               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.  AB 1998 was  
               held on the Senate Floor.



             f)   AB 298 (Brownley) of 2011would have prohibited a  
               reusable bag manufacturer from selling or distributing a  
               reusable bag in the state unless it meets specified  
               requirements.  AB 298 was held in the Senate Appropriations  
               Committee.  



             g)   SB 915 (Calderon) of 2011 would have established plastic  
               bag reduction and recycled content goals.  A hearing in the  
               Senate Environmental Quality Committee was canceled at the  
               request of the author.



             h)   AB 1834 (Brownley) of 2012 would have defined reusable  
               bags.  This bill was held on the Senate Floor. 



             i)   SB 1106 (Strickland) of 2012 would have prohibited the  
               manufacture, distribution, and sale of reusable bags  
               without a warning label that both specifies 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.  SB 1106 was  
               held in the Senate Environmental Quality Committee.  



             j)   SB 1219 (Wolk), Chapter 384, Statutes of 2012, extended  
               the sunset of the At-Store Recycling Program requirements  
               from January 1, 2013 to January 1, 2020 and repealed the  
               provisions preempting local regulatory action related to  








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               the at-store recycling program requirements.



             aa)  AB 158 (Levine) of 2013 would have prohibited grocery  
               stores from providing single-use plastic bags to customers  
               and required stores to make reusable bags available for  
               purchase by customers.  This bill was moved to the Assembly  
               inactive file by the author. 



             bb)   SB 405 (Padilla) of 2013 would have prohibited grocery  
               stores from providing single-use plastic bags to consumers  
               and required stores to make reusable bags available for  
               purchase by customers.  This bill was moved to the Senate  
               inactive file by the author.    



             cc)  SB 700 (Wolk) of 2013 would have required retail  
               establishments, as defined, to collect a fee of five cents  
               for every single-use carryout bag provided to a customer.   
               The bill required that the fees be available for grants to  
               cities and counties for local parks and local programs that  
               reduce and clean up litter.  This bill was held in the  
               Senate Appropriations Committee.  



             dd)   AB 1337 (Allen) of 2013 would have pre-empted any local  
               government from enacting or enforcing any rule prohibiting  
               the distribution of plastic single-use carryout bags or  
               imposing a fee on the distribution of non-plastic  
               single-use carryout bags (i.e., paper).  This bill was held  
               in Assembly Natural Resources Committee.  



             ee)  SB 270 (Padilla), Chapter 850, Statutes of 2014  
               prohibits stores, as defined, from distributing  
               lightweight, single-use plastic bags after specified dates.  








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                Establishes requirements for reusable bags and prohibits  
               stores from distributing reusable bags for less than 10  
               cents per bag.  The statutes established by this bill are  
               currently inoperative, pending the outcome of the plastic  
               bag referendum.  



          6)Related legislation.  

             a)   AB 191 (Harper) repeals the 10 cent charge for reusable  
               bags and recycled paper bags.  This bill has also been  
               referred to this committee and is set to be heard on April  
               13th.  

             b)   AB 1136 (Steinorth) expands the category of people  
               exempt from paying the 10 cent charge for reusable bags or  
               recycled paper bags to include seniors and students.  This  
               bill has been double referred to the Assembly Aging and  
               Long-Term Care Committee and Natural Resources Committee.  



          7)Urgency.  This bill is an urgency measure and, if chaptered,  
            will take effect immediately. 
          REGISTERED SUPPORT / OPPOSITION:


          Support


          Advance Polybag, Inc. 
          American Progressive Bag Alliance


          California Manufacturing & Technology Association


          Crown Poly 


          Howard Jarvis Taxpayers Association








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          Novolex 


          Orange County Board of Supervisors


          SPI:  The Plastics Industry Trade Association 




          Opposition


          1 Bag at a Time 
          5 Gyres Institute
          7th Generation Advisors
          California League of Conservation Voters
          California Retailers Association


          Californians Against Waste
          Center for Oceanic Awareness, Research, & Education 
          City of Los Angeles Councilmember Paul Koretz 
          City of Palo Alto 
          ChicoEco, Inc. 
          Clean Water Action 
          Cleanups for Change
          Command Packaging 
          Community Environmental Council 
          Environment California 
          Environmental Working Group
          Green Sangha
          Heal the Bay 
          Hidden Resources
          Howard Jarvis Taxpayers Association 
          I.Marketing Group
          Marin County Board of Supervisors










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          Marin County Hazardous and Solid Waste Management Joint Powers  
          Authority 
          Napa Valley CanDo
          Natural Resources Defense Council
          Plastic Pollution Coalition 
          San Francisco Department of the Environment


          Sierra Club California 
          Surfrider Foundation 
          Wildcoast
          World Society for the Protection of Animals 
          Zero Waste Humboldt 


          Analysis Prepared  
          by:              Elizabeth MacMillan / NAT. RES. / (916)  
          319-2092