BILL ANALYSIS Ó
AB 1136
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Date of Hearing: May 11, 2015
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Das Williams, Chair
AB 1136
(Steinorth) - As Introduced February 27, 2015
SUBJECT: Reusable grocery bag and recycled paper bag: fee:
exemptions
SUMMARY: Requires stores subject to California's single-use
plastic bag ban to give customers over the age of 65 and
students at a California college or university recycled paper or
reusable bags at no charge.
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 that contains a
minimum of 40% postconsumer recycled materials. For a bag
with the capacity to hold eight pounds or less, the bag
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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
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 that 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.
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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
bags, or recycled paper bags.
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THIS BILL: Expands the scope of individuals to whom stores are
required to provide recycled paper and reusable bags at no
charge to include:
1)A customer who is 65 years of age or older; and,
2)A customer who provides proof of current attendance at a
California college or university.
FISCAL EFFECT: Non-fiscal
COMMENTS:
1)This bill . This bill requires stores to give free reusable or
paper bags to anyone over the age of 65 or who attends a
California college or university. According to the author:
AB 1136 attempts to solve the problem of placing a
punitive, regressive paper bag fee upon the financially
challenged populations of seniors and students. While
existing law exempts WIC customers and those using
electronic benefit transfer cards from the paper bag fee,
other financially challenged groups are not included in
this exemption as they ought to be.
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
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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
California have adopted ordinances banning plastic bags,
including 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.
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
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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 bags do not have the marine impacts of
plastic bags, the production of recycled paper bags does have
more significant impacts associated with 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% one year
after a ban on plastic bags. In comparison, the use of paper
bags decreased nearly 24% in San Jose, which adopted the
charge on paper bags.
When the charge is collected, it is retained by the store and
can be used by the store to cover the 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. 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)Seniors and college students . California has one of the
highest poverty rates amongst people over the age of 65 in the
nation. Nearly one in 10 Californians over age 65 now lives
in poverty. One in 20 has poor diet quality due, in part, to
limited funds to buy food. Over 20% of low-income
Californians over the age of 65 could not afford to put food
on the table or had to forego other basic needs in order to
eat during 2009.
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According to information provided by the author, college
students also endure some of the highest rates of poverty with
estimates placing at least 47% of California college students
living below the official poverty line. Recent data estimates
that about 2.4 million people are currently enrolled in one of
California's three statewide higher educational systems;
California Community Colleges, California State Universities,
or the University of California.
6)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 had 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.
7)Related legislation .
a) AB 190 (Harper) repeals California's plastic bag law.
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This bill was held in this committee on April 13th with a
vote of 2-7.
b) AB 191 (Haper) repeals the 10 cent charge on recycled
paper and reusable bags. This bill was held in this
committee on April 13th with a vote of 3-6.
8)Double referral . This bill passed the Assembly Aging and
Long-Term Care Committee on May 5th with a vote of 6-1.
REGISTERED SUPPORT / OPPOSITION:
Support
None on file
Opposition
AZUL
Chico Bag Company
Clean Water Action
Environmental Action Committee of West Marin
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Environment California
Global Green USA
Green Sangha
Heal the Bay
Los Angeles City Council Member Paul Koretz
Natural Resources Defense Council
Plastic Bag Laws.org
Plastic Pollution Coalition
Seventh Generation Advisors
Surfrider Foundation
Team Marin
The Story of Stuff Project
The 5 Gyres Institute
Wildcoast
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2 individuals
Analysis Prepared by:Elizabeth MacMillan / NAT. RES. / (916)
319-2092