BILL ANALYSIS
AB 68
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Date of Hearing: April 13, 2009
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Nancy Skinner, Chair
AB 68 (Brownley) - As Amended: March 31, 2009
SUBJECT : Solid waste: single-use carryout bags.
SUMMARY : This bill establishes a statewide fee of 25 cents for
single-use carryout bags (bags), of all types, beginning in
2010.
EXISTING LAW :
1)Requires operators of stores (defined as supermarkets and
stores over 10,000 square feet that include a pharmacy) to
establish an in-store plastic carryout bag recycling program.
The program must include:
a) Plastic bags provided by the store to include a label
encouraging customers to return the bag to the store for
recycling;
b) Easily accessible recycling bins for plastic bags;
c) All plastic bags collected must be recycled in a manner
consistent with the local jurisdiction's recycling plan;
d) The store must maintain records relating to the program
for at least three years and must make the records
available to the local jurisdiction or California
Integrated Waste Management Board (CIWMB) upon request; and
e) The operator of the store must make reusable bags
available to customers.
2)Requires manufacturers of plastic bags to develop educational
materials to encourage reducing, reusing, and recycling
plastic bags.
3)Pre-empts local governments from requiring stores that meet
these provisions to implement separate recycling programs or
from imposing a fee on plastic bags.
4)Establishes a sunset on the above provisions of January 1,
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2013.
THIS BILL :
1)States legislative findings related to bags and their
environmental impacts.
2)Defines terms used in the bill, including:
a) "Paper carryout bag" as a bag that contains no old
growth fiber; is 100% recyclable; and, contains a minimum
of 40% post-consumer recycled content.
b) "Compostable carryout bag" as a bag that is derived from
100% "bio-based" sources containing no genetically modified
feedstocks and meets the American Society for Testing and
Materials Standard Specification for Compostable Plastics.
c) "Reusable bag" as a bag made from cloth or other machine
washable fabric, designed for multiple uses.
d) Expands the existing definition of "store" to include
chain convenience stores with at least 10,000 cumulative
square feet or retail space.
3)On and after July 1, 2010, prohibits a store from providing a
bag unless the store charges a Bag Pollution Cleanup Fee (fee)
of at least 25 cents per bag and requires that all bags
distributed meet the above definitions, including limiting
distribution of reusable bags to machine washable fabric bags.
4)Exempts from the fee individuals using the California Special
Supplemental Food Program for Woman, Infants, and Children and
individuals using the State Department of Social Services Food
Stamp Program.
5)Authorizes a store to retain a portion of the fee, up to 5
cents for plastic and compostable bags and up to 7 cents for
paper bags. Requires the store to use the fee to reimburse
the store's costs associated with collecting the fee; develop
in-store educational materials encouraging the use of reusable
bags; develop and implement an educational campaign to
encourage the use of reusable bags; reimburse the store's
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costs associated with reusable bag giveaways; and, reimburse
the store's costs associated with the purchase of single-use
carryout bags that comply with the definitions above.
6)The remainder of the fee is to be transmitted to the State
Board of Equalization (BOE) to be deposited into the Bag
Pollution Fund (Fund). The Fund is to be spent, upon
appropriation by the Legislature, as follows:
a) 80% of the Fund, by CIWMB for grants to local
governments, which have not enacted a ban on bags and
participate in the collection of the fee, on a per capita
basis to establish litter control programs and to conduct
reusable bag giveaways.
b) 3% by BOE to cover the costs of administering the fee
collection and an additional 3% by CIWMB to cover
administrative costs.
c) 14% shall be allocated equally to CIWMB, the State Water
Resources Control Board, the Department of Toxic Substances
Control, and the Ocean Protection Council to develop and
implement programs for pollution prevention, abatement,
cleanup, enforcement, "green chemistry" and product
redesign, water quality protection and cleanup, and
environmental and public education and outreach related to
the use of bags; and, for CIWMB to report to the
Legislature before January 1, 2012 regarding the
effectiveness of the bill and to make recommendations to
further encourage the use of reusable bags (as defined).
7)Authorizes BOE to adopt rules and regulations related to this
bill, including provisions relating to fee collection,
reporting, refunds, and appeals.
FISCAL EFFECT : Unknown costs to CIWMB to administer grants to
local governments, implement source reduction efforts, conduct
mitigation projects, and develop reusable bag giveaway programs.
These costs should be covered by the fee established by this
bill.
COMMENTS :
1)Background
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According to the author, Californians use over 19 billion
plastic bags annually (approximately 552 per person), creating
over 147,000 tons of waste. CIWMB staff estimates that only
5-6% of plastic materials are recycled in California. The
author also states that paper bags also have negative
environmental impacts, including deforestation, air pollution,
and excessive energy consumption. Compostable bags are not a
viable alternative.
Plastic bags are a significant contributor to litter and marine
debris. Their light weight and expansive nature makes them
especially prone to blowing into waterways. Even when disposed
of in the waste stream, these bags pose litter problems as they
blow off of trucks and out of solid waste handling operations.
According to the USEPA, marine debris has become a serious
problem along shorelines, coastal waters, estuaries, and oceans
throughout the world. It is estimated that 60-80% of all marine
debris, and 90% of floating debris, is plastic. Marine debris
can be life threatening to marine organisms and can wreak havoc
on coastal communities and the fishing industry. Recent studies
by the Algalita Marine Research Foundation and the Southern
California Coastal Water Research Project have found that the
average mass of plastics in the seawater off the coast of Long
Beach is two and a half times greater than the average mass of
plankton. After storms with excessive runoff, the mass of
plastics is even greater. A similar study over seawater 1,000
miles west of San Francisco found the mass of plastics was six
times the mass of plankton in drifts where marine animals
congregate for feeding on plankton.
The Ocean Protection Council (OPC) has been at the forefront on
this issue. In February 2007, OPC adopted a resolution to
reduce marine debris, which included specific actions on
single-use plastics. In November 2008, OPC adopted its final
implementation strategy for the resolution. The strategy
includes three "priority actions for measurable success:" 1)
Implement a take-back program for convenience food packaging;
2) Prohibit single-use products that pose significant ocean
littler impacts where a feasible alternative is available; and,
3) Assess fees on commonly littered items. Plastic single-use
bags are included in action 2; OPC proposes that a fee be added
for all single use paper and plastic bags to incentivize people
to switch to reusable bags. OPC goes on to suggest that if a
fee does not dramatically reduce the use of bags, a ban should
be considered.
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Los Angeles County has also taken action on this issue by
preparing a report, An Overview of Carryout Bags in Los Angeles
County, in 2007. The report included several key findings.
Plastic carryout bags have been found to significantly
contribute to litter and have other negative impacts on marine
wildlife and the environment. Biodegradable carryout bags are
not a practical solution in Los Angeles County as there are no
local commercial composting facilities able to process the bags.
Reusable bags are more environmentally sustainable than paper
and plastic bags. Accelerating the widespread use of reusable
bags will diminish plastic bag litter and redirect environmental
preservation efforts and resources toward "greener" activities.
Reusable bags are the most environmentally benign alternative to
plastic bags. Paper, the most likely replacement for plastic,
also has drawbacks, including being more costly for stores and
using more energy to produce and recycle. However, these do
degrade when littered and do not pose the threats to marine life
that plastic bags do. Additionally, compostable or degradable
plastic bags are not recyclable and contaminate recycling
equipment if they are mixed in with conventional plastic bags.
Moreover, most degradable bags do not break down in a marine
environment.
While it is anticipated that the fee would reduce the number of
bags used in the state significantly, it is worth noting that if
the current estimated 19 billion bags continue to be used, the
fee would generate $4.75 billion annually.
In 2006, AB 2449 (Levine), Chapter 845, was enacted, requiring
all stores to establish a plastic bag recycling program. The
stated goal of this legislation was to increase recycling, and
to create the infrastructure necessary to collect and recycle
plastic bags. That bill also pre-empted local governments from
enacting a per-bag fee on plastic bags. Local governments have
indicated concerns with the pre-emption created by AB 2449,
arguing that the fee could be used to discourage bag
distribution and fund anti-litter or recycling programs.
2)This bill
Heal the Bay, the sponsor, states:
a) 25% of the world's population lives in countries in
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which a ban or fee has been placed on single-use plastic
carryout bags.
b) San Francisco, Malibu, Oakland, and Manhattan Beach have
banned single-use plastic carryout bags. The Cities of
Santa Monica, Los Angeles, Palo Alto, Berkeley, Eureka, and
Foster, as well as Humboldt County, are also considering
similar ordinances.
While these policies are helpful in reducing marine debris from
plastic, they have the unintended consequence of shifting
disposable bags to paper, which have their own significant
environmental impacts. This bill attempts to dramatically
reduce the overall use of disposable bags and instead shift
consumers toward the use of reusable bags.
Fees do reduce the use of bags. In 2002, Ireland instituted a
fee equivalent to 25 cents, in the first three months the amount
of shopping bags used by consumers decreased 90% and raised
$3.45 million. After one year the plastic bag use decreased by
94% and raised $9.6 million. In 2007, Ikea instituted a 5 cent
fee on bags in the US and achieved a 92% reduction in bag use.
Ikea also offers plastic reusable bags for 59 cents.
3)Suggested amendment
a) This bill defines "reusable bag" to only include machine
washable fabric bags. A large number of reusable bags
currently available are made of durable plastic and look
similar to paper grocery bags with handles. These bags are
widely available and have the advantage of holding their
shape when open. The author may wish to amend the bill to
expand the definition of reusable bags to include those
types already widely available, as follows:
(g) "Reusable bag" means a bag that is made of cloth
or other machine washable fabric that is specifically
designed and manufactured for multiple reuse. either of
the following:
(1) A bag made of cloth or other machine washable
fabric that has handles.
(2) A durable plastic bag with handles that is at
least 2.25 mils thick and is specifically designed and
manufactured for multiple reuse.
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4)Related legislation
a) This bill is similar to AB 87 (Davis), which would also
establish a 25 cent fee on single-use carryout bags. AB 87
will also be heard at the April 13th hearing.
Both AB 68 and AB 87 are similar to AB 2058 (Levine) and AB
2928 (Davis) introduced last year. Assemblymembers Davis
and Brownley became joint-authors on AB 2058, which was the
only of those bills to pass out of Assembly Natural
Resources. It was held on the Senate Appropriations
Suspense File.
b) AB 1141 (Calderon) expands the existing in-store plastic
bag recycling program established by AB 2449 (Levine),
Chapter 845, Statutes of 2006. This bill will be heard in
this committee on April 20th.
c) SB 228 (DeSaulnier) requires bags labeled "compostable"
or "marine degradable" to be readily and easily
identifiable to assist in their collection and sorting.
This bill has been referred to the Senate Environmental
Quality Committee.
d) SB 531 (DeSaulnier) establishes the "Single-Use Carryout
Bag Responsibility Act" and requires suppliers of
single-use carryout bags (paper and plastic) to remit a fee
of $0.001 per bag to the Single-Use Carryout Bag
Responsibility Fund to award grants to abate and cleanup
bag litter and to encourage the proper disposal and
collection of bags. This bill will be heard in the Senate
Environmental Quality Committee on April 20.
REGISTERED SUPPORT / OPPOSITION :
Support
Heal the Bay (sponsor)
American Federation of State, County and Municipal Employees
(AFSCME)
Ballona Creek Renaissance
Breathe California
California Coastkeeper Alliance
California State Association of Counties
Californians Against Waste
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Center for Oceanic Awareness, Research, and Education
ChicoBag
City of Los Angeles
City of Oakland
Clean Water Action
Defenders o Wildlife
Earth Resource Foundation
Environment California
Environmental Justice Coalition for Water
Faith2Green
Friends of the LA River
Global Green USA
Haight Ashbury Neighborhood Council
Heal the Ocean
Malibu Surfing Association
Marin Sanitary Service
Natural Resources Defense Council
One Bag At a Time
Orange County Coastkeeper
Planning and Conservation League
ReuseThisBag.com
Ross Mirkarimi, Member, San Francisco Board of Supervisors
Saatchi & Saatchi S
San Diego Coastkeeper
Santa Barbara Channelkeeper
Santa Monica Baykeeper
Save the Bay
Sierra Club California
Southern California Watershed Alliance
Surfrider Foundation
The River Project
TreePeople
Urban Environmental Policy Institute
Urban Semillas
WiLDCOAST
1 Bag at a Time
Approximately 160 individuals
Opposition
American Forest and Paper Association
Cal-Tax
Analysis Prepared by : Elizabeth MacMillan / NAT. RES. / (916)
AB 68
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319-2092