BILL ANALYSIS Ó
AB 191
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Date of Hearing: April 13, 2015
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Das Williams, Chair
AB
191 (Harper) - As Amended March 11, 2015
SUBJECT: Solid waste: single-use carryout bags.
SUMMARY: Repeals the 10 cent charge for reusable bags and
recycled paper bags required by California's plastic bag law,
which is currently inoperative pending the outcome of the
referendum to repeal the state's ban on single-use plastic bags.
Will only become operative if the referendum is approved by
voters.
EXISTING
LAW: 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.
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
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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
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
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bags, or recycled paper bags.
FISCAL EFFECT: Unknown.
COMMENTS:
1)This bill. According to the author, "the enactment of SB 270
has increased costs and created undue hardships for consumers
in California. The $0.10 fee on each bag is an extra and
unnecessary expense for individuals and families. While some
individuals qualify for an exemption, many Californians living
on fixed incomes do not qualify for these relief programs but
are still impacted." This bill would repeal the 10 cent
minimum charge for reusable or recycled paper bags distributed
to consumers.
2)Background on plastic. Plastic bags and plastic film together
represent just over two percent 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 percent of all marine debris and 90 percent 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.
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. Over 600 marine animal species have been
negatively affected by ingesting plastic worldwide. In
addition, 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 and may also enter and accumulate in the food chain
through the same mechanism.
3)Local action. Over 100 cities and counties throughout
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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)Why ten cents? Under California's plastic bag law, stores can
only distribute recycled paper bags or reusable bags at the
point of sale. The state law mirrors the majority of local
ordinances, which based the amount on the average cost of a
paper bag. The primary reason for the minimum charge is to
encourage consumers to use reusable bags rather than simply
switching to paper bags. In 2007, a peer-reviewed
assessment, the Life Cycle Assessment for Three Types of
Grocery Bags - Recyclable Plastic; Compostable, Biodegradable
Plastic; and, Recycled, Recyclable Paper, was prepared for the
Progressive Bag Alliance to compare the environmental impacts
of different types of single-use bags. The assessment
identified environmental impacts for all types of single-use
bags. While paper does not have the marine impacts of
plastic, the production of recycled paper bags does create
significant energy, water, and greenhouse gas emissions.
Without the charge, paper bag use appears to increase
dramatically. For example, in Portland, Oregon, which does
not charge for paper bags, paper bag use went up 491 percent
one year after a ban on plastic bags. In comparison, the use
of paper bags decreased nearly 24 percent in San Jose, which
adopted the charge on paper bags.
The charge is retained by the store and can be used by the store
to comply with this bill; actual costs of providing recycled
paper bags and reusable grocery bags; and costs associated
with a store's educational materials or educational campaign
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encouraging the use of reusable bags. In Los Angeles County,
for example, stores have reported that approximately half of
the paper bags they distribute are to consumers exempt from
the charge. The funds collected by the charge are used to
cover the costs of providing these bags. Any consumer can
avoid the charge by bringing their own bags.
5)The referendum. 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
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.
6)Related legislation.
a) AB 190 (Harper) repeals California's plastic bag law.
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.
REGISTERED SUPPORT / OPPOSITION:
Support
American Forest & Paper Association
California Manufacturers & Technology Association
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Howard Jarvis Taxpayers Association
Orange County Board of Supervisors
Opposition
1 Bag at a Time, Inc.
5 Gyres Institute
7th Generation Advisors
American Forest & Paper Association
California League of Conservation Voters
California Retailers Association
Californians Against Waste
Center for Oceanic Awareness, Research, & Education
ChicoEco, Inc.
City of Los Angeles Councilmember Paul Koretz
City of Palo Alto
Clean Water Action
Cleanups for Change
Community Environmental Council
Command Packaging
Earthwise
Environment California
Environmental Working Group
Green Sangha
Heal the Bay
Hidden Resources
Howard Jarvis Taxpayers Association
I.Marketing Group
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
Santa Clara Valley Water District
Sierra Club California
Solid Waste Association of North America (SWANA)
Surfrider Foundation
Wildcoast
World Society for the Protection of Animals
Zero Waste Humboldt
Analysis Prepared
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by: Elizabeth MacMillan / NAT. RES. / (916)
319-2092