BILL NUMBER: AB 1141 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 13, 2009
INTRODUCED BY Assembly Member Charles Calderon
FEBRUARY 27, 2009
An act to amend Sections 42250, 42253, and 42254 of, to amend and
renumber Section 42257 of, to repeal Section 42256 of, and to add
Sections 42258, 42259, 42260, 42261, and 42262 to, the Public
Resources Code, relating to carryout bags.
LEGISLATIVE COUNSEL'S DIGEST
AB 1141, as amended, Charles Calderon. Carryout bags.
The California Integrated Waste Management Act of 1989,
administered by the California Integrated Waste Management Board,
among other things, until January 1, 2013, requires the operator of a
store, as defined, to establish an at-store recycling program that
provides an opportunity for a customer of the store to return to the
store clean plastic carryout bags, as defined. The act imposes
requirements for that program. The act includes legislative findings
and declarations that certain matters concerning plastic carryout
bags are matters of statewide interest and concern and generally
prohibits a city, county, or other public agency from adopting,
implementing, or enforcing specified related ordinances, resolutions,
regulations, or rules, unless otherwise authorized.
This bill would extend the provisions regarding the at-store
recycling program for plastic carryout bags until January 1, 2017,
and define the term "single use carryout bag" for those purposes.
The bill would require a manufacturer or distributor who sells a
plastic carryout bag to a store to make arrangements with the
operator, upon the operator's request, for the collection, transport,
and recycling of plastic carryout bags and other film plastic
collected consistent with the program.
The bill would revise the legislative findings and declarations of
statewide interest and concern, and related prohibition upon local
action, to refer to single use carryout bags, rather than plastic
carryout bags , and additionally would prohibit a city,
county, or other public agency from adopting, implementing, or
enforcing an ordinance, resolution, regulation, or rule that
prohibits the use, import, sale, or distribution of a single use
carryout bag . The bill would additionally require
that a city, county, or other public agency that adopts, implements,
or enforces an ordinance, resolution, regulation, or rule that
prohibits the use, import, sale, or distribution of a single use
carryo ut bag not be eligible to receive any moneys from
the fees collected pursuant to the act and that the entity provide an
alternative to a single use carry out bag to consumers without
charging a fee.
The bill would require the board to establish a 50% single use
carryout bag waste reduction goal by 2014, using 2010 as an initial
baseline, to reduce empty single use carryout bags going to landfill
or becoming litter. The bill would require the board and others to
work to increase the availability of plastic bag recycling and
collection programs in areas throughout the state.
The bill would require, on and after July 1, 2011, a manufacturer
or distributor of a single use carryout bag to pay a single use bag
extended producer responsibility fee , in an undetermined
amount, of $0.001 for each single use carryout
bag that it sells directly or indirectly to a store. The bill would
prohibit the total fees collected annually from exceeding the total
annual costs to the state of administering and implementing certain
actions related to single use carryout bags , and from
exceeding $25,000,000 annually . The bill would require the
fee revenue to be expended, upon appropriation by the Legislature,
for collecting and processing the fee and administering and
implementing certain actions related to single use carryout bags. The
bill would require the board to convene an advisory panel to provide
guidance and assist the board in determining how the fee revenue
should be distributed.
The bill would require every plastic carryout bag sold or supplied
to a store in the state and provided to a consumer to contain
specified percentages of recycled material beginning on July 1, 2011,
with the amount increasing on July 1, 2013, and July 1, 2014. The
bill would require a single use carryout bag provided to a consumer
on and after July 1, 2011, to have printed on it a specified
statement concerning recycled content. If a manufacturer is unable to
obtain sufficient amounts of recycled post consumer material, the
bill would authorize the board to grant the manufacturer an
exemption.
The bill would require manufacturers to obtain specified
information from their suppliers of recycled post consumer material
for use in the manufacture of plastic carryout bags, and, on or
before June 30, 2012, and annually thereafter, to report to the board
specified information concerning carryout bags.
The bill would require wholesalers and distributors of single use
plastic carryout bags sold in this state, on and after July 1, 2011,
to certify to the board the name and physical location of each
manufacturer from whom it purchased the carryout bags, together with
any other information the board may require.
The bill would require the board, on or before December 31, 2012,
to survey manufacturers and report back to the Legislature on
specified information obtained from those manufacturers.
The bill would require the board to refer specified false or
misleading information to the Attorney General for prosecution for
fraud.
The bill would make other related changes.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 42250 of the Public Resources Code is amended
to read:
42250. For purposes of this chapter, the following definitions
shall apply:
(a) "Manufacturer" means the producer of a plastic carryout bag
sold to a store.
(b) "Operator" means a person in control of, or having daily
responsibility for, the daily operation of a store, which may
include, but is not limited to, the owner of the store.
(c) "Plastic carryout bag" means a plastic carryout bag provided
by a store to a customer at the point of sale.
(d) "Reusable bag" means either of the following:
(1) A bag made of cloth or other machine washable fabric that has
handles.
(2) A durable plastic bag that is at least 1.1 mils thick, has
handles, can carry 15 pounds, and is specifically designed and
manufactured for multiple reuse.
(e) "Single use carryout bag" means a plastic, paper, or other
carryout bag provided by a store to a customer at the point of sale.
(f) "Store" means a retail establishment that provides plastic
carryout bags to its customers as a result of the sale of a product
and that meets either of the following requirements:
(1) Meets the definition of a "supermarket" as found in Section
14526.5.
(2) Has over 10,000 square feet of retail space that generates
sales or use tax pursuant to the Bradley-Burns Uniform Local Sales
and Use Tax Law (Part 1.5 (commencing with Section 7200) of Division
2 of the Revenue and Taxation Code) and has a pharmacy licensed
pursuant to Chapter 9 (commencing with Section 4000) of Division 2 of
the Business and Professions Code.
SEC. 2. Section 42253 of the Public Resources Code is amended to
read:
42253. The manufacturer of a plastic carryout bag shall develop
educational materials to encourage the reducing, reusing, and
recycling of plastic bags and shall make those materials available to
stores required to comply with this chapter. A manufacturer or
distributor who sells a plastic carryout bag to a store subject to
this chapter shall make arrangements with the operator, upon the
operator's request, for the collection, transport, and recycling of
all plastic carryout bags and other film plastic collected consistent
with this chapter. The arrangements may include contracts or other
agreements with third parties.
SEC. 3. Section 42254 of the Public Resources Code is amended to
read:
42254. (a) The Legislature finds and declares that all of these
are matters of statewide interest and concern:
(1) Requiring a store to collect, transport, or recycle single use
carryout bags.
(2) Imposing a single use carryout bag fee upon a store.
(3) Requiring a store to conduct auditing or reporting with regard
to single use carryout bags.
(b) Unless expressly authorized by this chapter, a city, county,
or other public agency shall not adopt, implement, or enforce an
ordinance, resolution, regulation, or rule to do any of the
following:
(1) Require a store that is in compliance with this chapter to
collect, transport, or recycle single use carryout bags.
(2) Impose a single use carryout bag fee upon a store that is in
compliance with this chapter.
(3) Require auditing or reporting requirements that are in
addition to what is required by subdivision (d) of Section 42252,
upon a store that is in compliance with this chapter.
(4) Prohibit the use, import, sale, or distribution of a single
use carryout bag.
(c) (1) This section does not prohibit the
adoption, implementation, or enforcement of a local ordinance,
resolution, regulation, or rule governing curbside or drop off
recycling programs operated by, or pursuant to a contract with, a
city, county, or other public agency, including any action relating
to fees for these programs.
(2) If a city, county, or other public agency adopts, implements,
or enforces an ordinance, resolution, regulation, or rule that
prohibits the use, import, sale, or distribution of a single use
carryout bag, that entity shall not be eligible to receive any moneys
from the fees collected pursuant to this chapter.
(3) A city, county, or other public agency that prohibits the use,
import, sale, or distribution of a single use carryout bag shall be
responsible for providing alternatives to a single use carryout bag
to consumers, for which the city, county, or public agency shall not
charge any person, including a manufacturer, distributor, operator,
or a consumer, a fee.
(d) This section does not affect a contract, franchise, permit,
license, or other arrangement regarding the collection or recycling
of solid waste or household hazardous waste.
SEC. 4. Section 42256 of the Public Resources Code is repealed.
SEC. 5. Section 42257 of the Public Resources Code is amended and
renumbered to read:
42265. This chapter shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
SEC. 6. Section 42258 is added to the Public Resources Code, to
read:
42258. The Legislature finds and declares all of the following:
(a) In order to complement California's existing plastic carryout
bag recycling program, established pursuant to Chapter 845 of the
Statutes of 2006, there is a need to further encourage market
development programs to stimulate a steady demand for this material.
(b) Minimum recycled content requirements for plastic carryout
bags will help spur domestic markets for collected plastic bags and
film.
(c) Policies developed to reduce plastic bag waste should not
increase the use of alternative single use bags that have been shown
to have a greater life-cycle environmental impact.
(d) California has a unique and critical role in protecting the
Pacific Ocean and preventing marine debris.
SEC. 7. Section 42259 is added to the Public Resources Code, to
read:
42259. The board shall establish a 50 percent single use carryout
bag waste reduction goal by 2014 using 2010 as an initial baseline.
The goal is to reduce empty single use carryout bags going to a
landfill or becoming litter. The goal shall take into account single
use carryout bag reduction and reuse of single use carryout bags by
consumers for other purposes, provided that it can be clearly
demonstrated that the reuse of single use carryout bags avoids the
need for the use of additional products, recycling efforts, and
recycled content. The board, in conjunction with bag manufacturers,
retailers, local governments, recyclers, waste haulers, and end-users
of recycled material, shall work to increase the availability of
plastic bag recycling and collection programs in areas throughout the
state.
SEC. 8. Section 42260 is added to the Public Resources Code, to
read:
42260. (a) On and after July 1, 2011, a manufacturer or
distributor of a single use carryout bag shall pay a single use bag
extended producer responsibility fee for each single use carryout bag
that it sells directly or indirectly to a store.
(b) The amount of the fee shall be ____
one-tenth of one cent ($0.001) . The total fees collected
annually under this chapter shall not exceed the total administrative
annual costs to the state of administering this section and all
programs authorized under this chapter , and in no event
shall exceed twenty-five million dollars ($25,000,000) annually
.
(c) The manufacturer or distributor shall remit the fee directly
to the state pursuant to regulations that the board shall establish.
The fee revenue shall be expended, upon appropriation by the
Legislature in the annual Budget Act or other statute, in the manner
and in the order of priority as follows:
(1) No more than 5 percent shall be expended by the state for the
costs of collecting and processing the fee.
(2) An amount shall be allocated to the board that the Legislature
determines to be necessary to administer and implement this chapter.
(3) The remainder, upon appropriation to the board, shall be
allocated by the board to state agencies and to cities and counties
on a per capita basis , for the following
purposes:
(A) Establishing and maintaining programs to cleanup single use
carryout bag litter, including programs in partnership with nonprofit
community-based organizations.
(B) Litter education and outreach programs related to single use
carryout bags.
(C) Mitigation projects relating to stormwater pollution caused by
single use carryout bags, including devices to prevent single use
plastic carryout bag litter from entering storm drain systems.
(D) Public education efforts that promote recycling of single use
carryout bags.
(E) Reusable bag giveaway programs.
(F) In conjunction with the advisory panel established pursuant to
subdivision (d), the board shall develop a voluntary best practices
educational program geared primarily for retailers to use at their
discretion, that may help with the efficient use of single use
carryout bags by retailers. These best practices recommendations
shall be posted on the board's Internet Web site and may include, but
are not limited to, the following suggestions or recommendations for
use by retail establishments:
(i) A single use carryout bag should not be provided to a consumer
for a single item.
(ii) A consumer purchasing two items should be asked whether he or
she needs a single use carryout bag.
(iii) No double bagging.
(iv) A single use carryout bag should be filled with the maximum
item count or weight per bag.
(v) A cashier or bagger should remind customers to return plastic
carryout bags and other recyclable plastic bags to the store for
recycling and point out the location of recycling bins.
(vi) A store should strive to ensure that the plastic carryout bag
collection bins are highly visible and clearly marked with a single
logo approved by the board for all stores in the state.
(vii) Stores may allocate space on bags for prominent printed
messages to educate, request, and encourage consumers to use plastic
carryout bag recycling bins.
(d) The board shall convene an advisory panel, appointed by the
executive director of the board, to provide guidance and assist the
board in determining how the fee revenue should be distributed. The
advisory panel shall consist of representatives from the plastic and
paper bag manufacturing industry, recyclers, waste haulers, local
government, retailers, anti-litter organizations, manufacturers that
utilize recycled plastic film in the manufacturing of recycled
content products, and environmental organizations. Advisory members
shall serve without compensation. Any costs incurred by the board
pursuant to this subdivision shall be funded by revenue from the fee.
SEC. 9. Section 42261 is added to the Public Resources Code, to
read:
42261. (a) Every plastic carryout bag sold or supplied to a store
in this state shall contain the following percentages of recycled
material:
(1) Plastic carryout bags provided to consumers on and after July
1, 2011, shall contain at least 20 percent recycled material of which
at least 10 percent shall be post consumer.
(2) Plastic carryout bags provided to consumers on and after July
1, 2013, shall contain at least 25 percent recycled material of which
at least 15 percent shall be post consumer.
(3) Plastic carryout bags provided to consumers on and after July
1, 2014, shall contain at least 30 percent recycled material of which
at least 20 percent shall be post consumer.
(b) On and after July 1, 2011, all single use carryout bags
provided to consumers shall have printed thereon a statement of the
amount of the recycled content in letters at least half an inch high
using the following words: "This bag is made from __ percent recycled
material of which __ percent is post consumer."
(c) Each manufacturer shall obtain from its suppliers of recycled
post consumer material for use in the manufacture of plastic carryout
bags, a statement identifying the quantity, source location,
proximate prior usage of, and the actual post consumer material
content of, each shipment of recycled post consumer material
purchased by the manufacturer, and any other information that the
board may, by regulation, require the manufacturer to obtain from its
suppliers, for purposes of inclusion in the annual report required
by Section 42262.
SEC. 10. Section 42262 is added to the Public Resources Code, to
read:
42262. (a) (1) On or before June 30, 2012, and annually
thereafter, each manufacturer subject to this chapter shall submit a
report to the board certifying that it has complied with this chapter
during the preceding 12 months, certifying the name and physical
location of each of its suppliers of recycled post consumer material
for use in the manufacture of plastic carryout bags, and containing
the information obtained pursuant to subdivision (c) of Section 42261
and any other information that the board may require by regulation.
A manufacturer that processes its own recycled post consumer material
shall certify to the board that it is the supplier of the material.
(2) If a manufacturer subject to this section is unable to obtain
sufficient amounts of recycled post consumer material to comply with
this chapter within a reporting period because of unavailability or
because the available material did not meet recycled post consumer
material quality standards that may be adopted by the board, the
manufacturer shall certify that fact to the board. Price shall not be
a valid basis for that certification. A manufacturer making that
certification shall make reasonable efforts to identify available
supplies of material before submitting the certification to the board
and shall describe all efforts in detail and provide the board with
supporting documentation. The board shall determine in its discretion
whether to grant the manufacturer an exemption based on the
certification. The board shall apply consistent criteria to
manufacturers in granting those exemptions.
(b) On and after July 1, 2011, every wholesaler and distributor of
single use plastic carryout bags sold in this state shall certify to
the board the name and physical location of each manufacturer from
whom it purchased the carryout bags, together with any other
information that the board may require by regulation.
(c) On or before December 31, 2012, the board shall survey
manufacturers subject to this chapter and report back to the
Legislature. The survey shall do all of the following:
(1) Identify the name and physical location of suppliers certified
by manufacturers pursuant to subdivision (a).
(2) Identify the quantity of recycled post consumer material
provided by suppliers within the state and the quantity of recycled
post consumer material provided by suppliers outside the state.
(3) Provide recommendations regarding recycled post consumer
material content requirements based on the availability of that
material.
(d) Each recycler, supplier, manufacturer, wholesaler, and
distributor required to provide a report, certification, or any
information pursuant to this chapter is subject to audit by the
board.
(e) (1) If a recycler or supplier provides a manufacturer with
false or misleading certification or other information regarding
recycled material, the board, within 30 days of determining that
fact, shall refer the false or misleading information to the Attorney
General for prosecution for fraud.
(2) If a manufacturer, wholesaler, or distributor provides the
board with a false or misleading certification or other information,
the board, within 30 days of determining that fact, shall refer the
false or misleading certification or information to the Attorney
General for prosecution for fraud.
(e)
(f) If a manufacturer places false or misleading
information regarding recycled content on a single use plastic
carryout bag, including the statement required by subdivision (b) of
Section 42261, the board, within 30 days of determining that fact,
shall refer the false or misleading information to the Attorney
General for prosecution for fraud, and those bags shall be subject to
seizure and forfeiture without compensation.