California Legislature—2015–16 Regular Session

Assembly BillNo. 191


Introduced by Assembly Member Harper

January 27, 2015


An act to amend Sections 42283 and 42283.7 of the Public Resources Code, relating to solid waste, and declaring the urgency thereof, to take effect immediately.

LEGISLATIVE COUNSEL’S DIGEST

AB 191, as introduced, Harper. Solid waste: single-use carryout bags.

Existing law, inoperative due to a pending referendum petition, would, 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 and 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. This same law would, on and after July 1, 2016, impose these prohibitions and requirements on convenience food stores, foodmarts, and other specified entities.

This bill would repeal the requirement that a store that distributes recycled paper bags make those bags available for purchase for not less than $0.10.

This bill would declare that it is to take effect immediately as an urgency statute.

Vote: 23. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 42283 of the Public Resources Code is
2amended to read:

3

42283.  

(a) Except as provided in subdivision (e), on and after
4July 1, 2015, a store, as defined in paragraph (1) or (2) of
5subdivision (g) of Section 42280, shall not provide a single-use
6carryout bag to a customer at the point of sale.

7(b) (1) On and after July 1, 2015, a store, as defined in
8paragraph (1) or (2) of subdivision (g) of Section 42280, shall not
9sell or distribute a reusable grocery bag at the point of sale except
10as provided in this subdivision.

11(2) On and after July 1, 2015, a store, as defined in paragraph
12(1) or (2) of subdivision (g) of Section 42280, may make available
13for purchase at the point of sale a reusable grocery bag that meets
14the requirements of Section 42281.

15(3) On and after July 1, 2015, a store, as defined in paragraph
16(1) or (2) of subdivision (g) of Section 42280, that makes reusable
17grocery bags available for purchase pursuant to paragraph (2) shall
18not sell the reusable grocery bag for less than ten cents ($0.10) in
19order to ensure that the cost of providing a reusable grocery bag
20is not subsidized by a customer who does not require that bag.

begin delete

21(c) (1) On and after July 1, 2015, a store, as defined in
22paragraph (1) or (2) of subdivision (g) of Section 42280, shall not
23sell or distribute a recycled paper bag except as provided in this
24subdivision.

end delete
begin delete

25(2) A store, as defined in paragraph (1) or (2) of subdivision (g)
26of Section 42280, may make available for purchase a recycled
27paper bag. On and after July 1, 2015, the store shall not sell a
28recycled paper bag for less than ten cents ($0.10) in order to ensure
29that the cost of providing a recycled paper bag is not subsidized
30by a consumer who does not require that bag.

end delete
begin delete

31(d)

end delete

32begin insert(c)end insert Notwithstanding any other law, on and after July 1, 2015, a
33store, as defined in paragraph (1) or (2) of subdivision (g) of
34Section 42280, that makes reusable grocery bagsbegin delete or recycled paper
35bagsend delete
available for purchase at the point of salebegin insert or that makes
36recycled paper bags available at the point of saleend insert
shall provide a
37reusable grocery bag or a recycled paper bag at no cost at the point
38of sale to a customer using a payment card or voucher issued by
P3    1the California Special Supplemental Food Program for Women,
2Infants, and Children pursuant to Article 2 (commencing with
3Section 123275) of Chapter 1 of Part 2 of Division 106 of the
4Health and Safety Code or an electronic benefit transfer card issued
5pursuant to Section 10072 of the Welfare and Institutions Code.

begin delete

6(e)

end delete

7begin insert(d)end insert On and after July 1, 2015, a store, as defined in paragraph
8(1) or (2) of subdivision (g) of Section 42280, may distribute a
9compostable bag at the point of sale, if the compostable bag is
10provided to the consumer at the cost specified pursuant to
11paragraph (2), the compostable bag, at a minimum, meets the
12begin delete American Society for Testing and Materials (ASTM)end deletebegin insert ASTMend insert
13 International Standard Specification for Compostable Plastics
14D6400, as updated, and in the jurisdiction where the compostable
15bag is sold and in the jurisdiction where the store is located, both
16of the following requirements are met:

17(1) A majority of the residential households in the jurisdiction
18have access to curbside collection of foodwaste for composting.

19(2) The governing authority for the jurisdiction has voted to
20allow stores in the jurisdiction to sell to consumers at the point of
21sale a compostable bag at a cost not less than the actual cost of the
22bag, which the Legislature hereby finds to be not less than ten
23cents ($0.10) per bag.

begin delete

24(f)

end delete

25begin insert(e)end insert A store, as defined in paragraph (1) or (2) of subdivision (g)
26of Section 42280, shall not require a customer to use, purchase,
27or accept a single-use carryout bag, recycled paper bag,
28compostable bag, or reusable grocery bag as a condition of sale
29of any product.

30

SEC. 2.  

Section 42283.7 of the Public Resources Code is
31amended to read:

32

42283.7.  

All moneys collected pursuant to this article shall be
33retained by the store and may be used only for the following
34purposes:

35(a) Costs associated with complying with the requirements of
36this article.

37(b) Actual costs of providingbegin delete recycled paper bags orend delete reusable
38grocery bags.

P4    1(c) Costs associated with a store’s educational materials or
2educational campaign encouraging the use of reusable grocery
3bags.

4

SEC. 3.  

This act is an urgency statute necessary for the
5immediate preservation of the public peace, health, or safety within
6the meaning of Article IV of the Constitution and shall go into
7immediate effect. The facts constituting the necessity are:

8In order to prevent this unfair and unjustified charge from taking
9effect and harming consumers and businesses, it is necessary that
10this act take effect immediately.



O

    99