AB 1136, as introduced, Steinorth. Reusable grocery bag and recycled paper bag: fee: exemptions.
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 would prohibit those stores from selling or distributing a reusable grocery bag or 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 inoperative law would require these stores to provide to certain customers a reusable grocery bag or recycled paper bag at no cost at the point of sale.
Subject to the referendum petition, this bill would expand the group of customers who would be provided a reusable grocery bag or a recycled paper bag at no cost at the point of sale to include a customer who is 65 years of age or older and a customer who provides proof of current attendance at a California college or university.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 42283 of the Public Resources Code is
2amended to read:
(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) (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.
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
28
recycled 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.
31(d) Notwithstanding any other law, on and after July 1, 2015,
32a store, as defined in paragraph (1) or (2) of subdivision (g) of
33Section 42280, that makes reusable grocery bags or recycled paper
34bags available for purchase at the point of sale shall provide a
35reusable grocery bag or a recycled paper bag at no cost at the point
36of sale tobegin delete aend deletebegin insert any of the following:end insert a
37begin insert(1)end insertbegin insert end insertbegin insertA end insertcustomer using a payment card or voucher issued by the
38California Special Supplemental Food Program for Women,
P3 1Infants, and Children pursuant to Article 2 (commencing with
2Section 123275) of Chapter 1 of Part 2 of Division 106 of the
3Health and Safetybegin delete Code or anend deletebegin insert Code.end insert
4begin insert(2)end insertbegin insert end insertbegin insertA customer using an end insertelectronic benefit transfer card issued
5pursuant to Section 10072 of the Welfare and Institutions Code.
6(3) A customer who is 65 years of age or older.
end insertbegin insert
7(4) A customer who provides proof of current attendance at a
8California college or university.
9(e) On and after July 1, 2015, a store, as defined in paragraph
10(1) or (2) of subdivision (g) of Section 42280, may distribute a
11compostable bag at the point of sale, if the compostable bag is
12provided to the consumer at the cost specified pursuant to
13paragraph (2), the compostable bag, at a minimum, meets the
14American Society for Testing and Materials (ASTM) International
15Standard Specification for Compostable Plastics D6400, as
16updated, and in the jurisdiction where the compostable bag is sold
17and in the jurisdiction where the store is located, both of the
18following requirements are met:
19(1) A majority of the residential households in the jurisdiction
20have access to curbside collection of foodwaste for composting.
21(2) The governing authority for the jurisdiction has voted to
22allow stores in the jurisdiction to sell to consumers at the point of
23sale a compostable bag at a cost not less than the actual cost of the
24bag, which the Legislature hereby finds to be not less than ten
25cents ($0.10) per bag.
26(f) A store, as defined in paragraph (1) or (2) of subdivision (g)
27of Section 42280, shall not require a customer to use, purchase,
28or accept a single-use carryout bag, recycled paper bag,
29compostable bag, or reusable grocery bag as a condition of sale
30of any product.
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