Amended in Assembly March 11, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 191


Introduced by Assembly Member Harper

begin insert

(Principal coauthor: Senator Vidak)

end insert
begin insert

(Coauthors: Assembly Members Brough, Chávez, Grove, Melendez, and Patterson)

end insert
begin insert

(Coauthors: Senators Anderson and Nielsen)

end insert

January 27, 2015


An act to amend Sections 42283 and 42283.7 of the Public Resources Code, relating to solidbegin delete waste, and declaring the urgency thereof, to take effect immediately.end deletebegin insert waste.end insert

LEGISLATIVE COUNSEL’S DIGEST

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

Existing law, inoperative due to a pending referendumbegin delete petition,end deletebegin insert election,end insert 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.

begin delete

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

end delete
begin insert

This bill would become operative only if the referendum on single-use plastic bags is approved by the voters.

end insert

Vote: begin delete23 end deletebegin insertmajorityend insert. 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.

21(c) Notwithstanding any other law, on and after July 1, 2015, a
22store, as defined in paragraph (1) or (2) of subdivision (g) of
23Section 42280, that makes reusable grocery bags available for
24purchase at the point of sale or that makes recycled paper bags
25available at the point of sale shall provide a reusable grocery bag
26or a recycled paper bag at no cost at the point of sale to a customer
27using a payment card or voucher issued by the California Special
28Supplemental Food Program for Women, Infants, and Children
29pursuant to Article 2 (commencing with Section 123275) of
30Chapter 1 of Part 2 of Division 106 of the Health and Safety Code
31or an electronic benefit transfer card issued pursuant to Section
3210072 of the Welfare and Institutions Code.

P3    1(d) On and after July 1, 2015, a store, as defined in paragraph
2(1) or (2) of subdivision (g) of Section 42280, may distribute a
3compostable bag at the point of sale, if the compostable bag is
4provided to the consumer at the cost specified pursuant to
5paragraph (2), the compostable bag, at a minimum, meets the
6 ASTM International Standard Specification for Compostable
7Plastics D6400, as updated,begin delete andend deletebegin insert and,end insert in the jurisdiction where the
8compostable bag is sold and in the jurisdiction where the store is
9located, both of the following requirements are met:

10(1) A majority of the residential households in the jurisdiction
11have access to curbside collection of foodwaste for composting.

12(2) The governing authority for the jurisdiction has voted to
13allow stores in the jurisdiction to sell to consumers at the point of
14sale a compostable bag at a cost not less than the actual cost of the
15bag, which the Legislature hereby finds to be not less than ten
16cents ($0.10) per bag.

17(e) A store, as defined in paragraph (1) or (2) of subdivision (g)
18of Section 42280, shall not require a customer to use, purchase,
19or accept a single-use carryout bag, recycled paper bag,
20compostable bag, or reusable grocery bag as a condition of sale
21of any product.

22

SEC. 2.  

Section 42283.7 of the Public Resources Code is
23amended to read:

24

42283.7.  

All moneys collected pursuant to this article shall be
25retained by the store and may be used only for the following
26purposes:

27(a) Costs associated with complying with the requirements of
28this article.

29(b) Actual costs of providing reusable grocery bags.

30(c) Costs associated with a store’s educational materials or
31educational campaign encouraging the use of reusable grocery
32bags.

begin delete
33

SEC. 3.  

This act is an urgency statute necessary for the
34immediate preservation of the public peace, health, or safety within
35the meaning of Article IV of the Constitution and shall go into
36immediate effect. The facts constituting the necessity are:

37In order to prevent this unfair and unjustified charge from taking
38effect and harming consumers and businesses, it is necessary that
39this act take effect immediately.

end delete
P4    1begin insert

begin insertSEC. 3.end insert  

end insert

begin insertThis act shall become operative only if the referendum
2on single-use plastic bags is approved by the votersend insert
begin insert at the 2016
3statewide general election.end insert



O

    98