BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 1998|
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THIRD READING
Bill No: AB 1998
Author: Brownley (D), et al
Amended: 8/27/10 in Senate
Vote: 21
SENATE ENV. QUALITY COMMITTEE : 5-2, 6/28/10
AYES: Simitian, Corbett, Hancock, Lowenthal, Pavley
NOES: Runner, Strickland
SENATE APPROPRIATIONS COMMITTEE : 11-0, 8/12/10
AYES: Kehoe, Ashburn, Alquist, Corbett, Emmerson, Leno,
Price, Walters, Wolk, Wyland, Yee
ASSEMBLY FLOOR : 42-27, 6/2/10 - See last page for vote
SUBJECT : Solid waste: single-use carryout bags
SOURCE : Heal the Bay
DIGEST : This bill prohibits the use of single-use
carryout bags by prohibiting grocery stores and convenience
stores from providing all single-use carryout bags to
customers after 2012, as specified. This bill makes a
one-time appropriation of $2 million from the Recycling
Market Development Revolving Loan Subaccount in the
Integrated Waste Management Account to the Department of
Resources Recycling and Recovery to provide loans and
grants to encourage plastic bag manufacturers to make bags
with recycled content that meet the requirements for
reusable bags.
CONTINUED
AB 1998
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ANALYSIS : Existing law, pursuant to Section 42250 et
seq. of Chapter 5.1 of the Public Resources Code:
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. Under the program:
A. Plastic bags provided by the store must include a
label encouraging customers to return the bag to the
store for recycling.
B. Easily accessible recycling bins for plastic bags
must be provided.
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 the
California Integrated Waste Management Board (now the
Department of Resources Recovery and Recycling or
DRRR) upon request.
E. The operator of the store must make reusable bags
available to customers.
2. Preempts local governments from requiring stores that
meet these provisions from implementing separate
recycling programs or from imposing a fee on plastic
bags.
3. Sunsets the above provisions on January 1, 2013.
This bill:
1. Prohibits, on or after January 1, 2012, grocery stores
and chain pharmacies from providing a single-use
carryout bag to a customer at the point of sale, except
as authorized.
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2. Prohibits, on or after January 1, 2013, convenience
stores and food marts with an off-sale alcohol permit
from providing a single-use carryout bag to a customer
at the point of sale, except as authorized.
3. Allows the sale of recycled paper bags to a customer at
the point of sale for the store's actual cost of the
bag.
4. Requires stores to make reusable bags available for
purchase by consumers.
5. Allows stores to provide free reusable bags as part of
limited promotional programs.
6. Requires a store to provide Women, Infants, and Children
Supplemental Food Program (WIC) and Supplemental
Nutrition Assistance Program (Food Stamps) customers a
reusable bag or recycled paper bag at no cost.
7. Requires grocery stores and chain pharmacies to continue
at-store collection of plastic bags and plastic film for
recycling similar to the current state mandate.
8. Specifies that local jurisdictions with curbside
composting programs may allow stores to sell state
approved compostable carryout bags for their actual cost
at the point of sale.
9. Requires, beginning January 1, 2013, a reusable grocery
bag producer to submit to DRRR a biennial certification,
including a certification fee established by DRRR, that
certifies that each type of reusable grocery bag that is
imported, manufactured, sold or distributed in the state
and provided to a store for sale or distribution meets
specified requirements.
10.Requires DRRR to deposit the certification fees into the
Reusable Bag Account, which is established by the bill
in the Integrated Waste Management Fund, and requires
that moneys in the account be expended by DRRR, upon
appropriation by the Legislature, to implement the
certification requirements.
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11.Provides that a violation of these certification
requirements will be subject to an administrative civil
penalty assessed by DRRR. Requires DRRR to deposit
these penalties into the Penalty Subaccount, which the
bill creates, in the Reusable Bag Account, for
expenditure by DRRR, upon appropriation by the
Legislature, to implement the certification
requirements.
12.Requires DRRR, by January 1, 2015, to submit a report to
the Legislature regarding the implementation of the
bill's provisions.
13.Preempts, as of January 1, 2011, local regulations on
the use and sales of reusable bags, single-use carryout
bags, recycled paper bags, or other specified bags at
stores.
14.Allows a city, county, city and county or the state to
impose civil penalties for a violation of the bill's
requirements, except for the certification requirements.
15.Requires these civil penalties to be paid to the office
of the city attorney, city prosecutor, district
attorney, or Attorney General (AG), whichever office
brought the action, and allows the penalties collected
by the AG to be expended by the AG, upon appropriation
by the Legislature, to enforce the bill's provisions.
16.Makes a one-time appropriation of $2 million from the
Recycling Market Development Revolving Loan Subaccount
in the Integrated Waste Management Account to DRRR to
provide loans and grants to encourage plastic bag
manufacturers to make bags with recycled content that
meet the requirements for reusable bags.
17.Contains various definitions and terms for the purposes
of the bill, including "recycled paper bag" and
"reusable grocery bag." Defines "single-use carryout
bag" to mean a bag made of plastic, paper, or other
material, that is provided by a store to a customer at
the point of sale and that is not a reusable grocery bag
that meets the requirements of this bill. A single-use
carryout bag does not include a bag provided by a
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pharmacy to a customer purchasing a prescription
medication, or a non-handled bag used to protect a
purchased item from damaging or contaminating other
purchase items when placed in a recycled paper bag or
reusable bag.
18.Defines "store" to mean a retail establishment that
meets any of the following requirements:
A. A full-line, self-service retail store with gross
annual sales of $2,000,000, or more, and which sells
a line of dry grocery, canned goods, or nonfood items
and some perishable items.
B. Has over 10,000 square feet of retail space and a
licensed pharmacy, as specified.
C. Is a convenience food store, foodmart, or other
entity engaged in the retail sale of a limited line
of goods that generally includes milk, bread, soda,
and snack foods and has a license to sell beer and
wine.
Background
California taxpayers spend approximately $25 million
annually to collect and bury the 19 billion plastic bags
used every year. However, these bags are rarely recycled;
DRRR estimates that less than five percent of all single
use plastic bags in the state are actually recycled.
Instead, local agencies spend millions more to dispose of
plastic bags and clean up discarded plastic bags.
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 United States
Environmental Protection Agency, marine debris has become a
serious problem along shorelines, coastal waters,
estuaries, and oceans throughout the world. It is
estimated that 60-80 percent of all marine debris, and 90
percent of floating debris, is plastic. Marine debris can
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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.
Comments
According to the author's office, this bill will
effectively deter the use of single-use bags by prohibiting
grocery stores and convenience stores from providing all
single-use carryout bags to a customer after 2012 and 2013,
respectively. In lieu of single-use bags stores must make
reusable bags and 40 percent post consumer paper bags
available for purchase by the customer. This bill is an
effective policy approach that will move consumers to use
more sustainable alternatives. The State of California has
a critical role to play in becoming a true leader in
eliminating single-use bag waste and preventing the
proliferation of marine debris. The passage of this bill
will move California forward in breaking our addiction to
single-use bags.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
Appropriates $2,000,000 from the Recycling Market
Development Revolving Loan Subaccount, which this bill
creates, in the Integrated Waste Management Account to DRRR
for the purposes of providing loans and grants for the
creation and retention of jobs and economic activity in the
manufacture and recycling of plastic bags that use recycled
content.
SUPPORT : (Verified 8/30/10)
Heal the Bay (source)
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1 Bag at a Time, Inc.
7th Generation Advisors
American Federation of State, County and Municipal
Employees
Amerigreenbag.com
Associations of Communities United of South Los Angeles
Ballona Creek Renaissance
Bay Area Council
California Association of Environmental Health
Administrators
California Coastal Coalition
California Coastkeeper Alliance
California Democratic Party - Environmental Caucus
California Grocer's Association
California Labor Federation, AFL-CIO
California League of Conservation Voters
California Refuse Recycling Council
California Retailers Association
California State Lands Commission
Californians Against Waste
Central Contra Costa Solid Waste Authority
Chico Bag
Cities of Berkeley, Carpinteria, Chula Vista, Del Mar, El
Cerrito, Imperial Beach, Long Beach, Los Angeles, Malibu,
Manhattan Beach, Milpitas, Newport Beach, Palo Alto,
Pasadena, Sacramento, San Buenaventura, San Clemente, San
Francisco, San Jose, San Rafael, Santa Barbara, Santa
Monica, Sebastopol, Solana Beach, South Lake Tahoe, and
Ventura
Clean South Bay
Clean Water Action California
Communities for a Better Environment
Community Environmental Council
Congresswoman Susan Davis
Councilmember Jerome Stocks, City of Encinitas
Councilmember Marti Emerald, City of San Diego
Councilmember Nancy Gardner, City of Newport Beach
Councilmember Sherri S. Lightner, City of San Diego
Councilmember Suja Lowenthal, City of Long Beach
Councilmember Teresa Barth, City of Encinitas
Counties of Los Angeles, Marin, Monterey, San Francisco,
and Santa Clara
Defender of Wildlife
Deputy Major Maggie Houlihan, City of Encinitas
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Downtown Encinitas MainStreet Association
Duro Paper Bag Company
Earth Resource Foundation
Earthwise Bag Company
East Bay Municipal Utilities District
Ecology Center
Endangered Habitats League
Environment California
Envirosax
Flip & Tumble, LLC
ForestEthics
Fresh and Easy Neighborhood Market
Global Green
Global IQ
Green Chamber of San Diego
Green Sangha
Humboldt Coastkeepers
Humboldt County Board of Supervisors
Humboldt Waste Management Authority
JPS Global Investments
Lake Balboa Neighborhood Council
League of Cities
Livermore Chamber of Commerce
Los Angeles County Solid Waste Management Committee/
Integrated Waste Management Task Force
Marin County Hazardous and Solid Waste Management Joint
Powers Authority
Mayor Anja Reinke, City of Burbank
Monterey Bay Aquarium
Monterey Regional Waste Management District
Monterey Regional Waste Management District
Natural Resources Defense Council
Neighborhood Market Association
Northcoast Environmental Center
Oak Park Neighborhood Association
Ocean Conservancy
Oceana
Orange County Business Council
Orange County Coastkeeper
Ormond Beach Observers
Planning and Conservation League
Plastic Pollution Coalition
Project GreenBag
PW Supermarkets, Inc
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Rainforest Action Network
Regional Solid Waste Association
Rickshaw Bag Works Inc
Rite Aid
Roplast
Safeway
San Diego Coastkeeper
San Diego County Disposal Association
San Diego County Integrated Waste Management Citizens
Advisory Committee
San Francisco Chamber of Commerce
San Francisco Planning and Urban Research Association
San Luis Obispo County Integrated Waste Management
Authority
Santa Barbara Channelkeeper
Santa Monica Bay Restoration Commission
Santa Monica Baykeeper
Save Mart Supermarkets
Save the Bay
Sierra Club of California
Silicon Valley Leadership Group
Solid Waste Solutions, Inc
Sonoma County Regional Climate Protection Authority
Sonoma County Waste Management Agency
South Bay Cities Council of Governments
Steven Bochco Productions
Super A Food, Inc
Surfers Environmental Alliance
Surfrider Foundation
Teens Turning Green
The Northern California Recycling Association
Turtle Island Restoration Network
Union of Concerned Scientists
Urban Semillas
Valley Industry and Commerce Association
Washington Elementary PTA
Western States Council of the United Food & Commercial
Workers
Wild Heritage Planners
Wildcoast
WinCo Foods
Wisdom Academy for Young Scientists
Youth Opportunities for High School and Associations of
Communities United of South Los Angeles
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OPPOSITION : (Verified 8/27/10)
American Chemistry Council
American Forest and Paper Association
Biodegradable Products Institute
Bradley Packaging Systems
California Film Extruders and Converters Association
California Forestry Association
Californians for Extended Producer Responsibility
Command Packaging
Corona Chamber of Commerce
Crown Poly
Diversified Transportation Services
Great American Packaging
Heritage Bag
Hilex Poly
Howard Jarvis Taxpayers Association
International Paper
Long Beach Chamber of Commerce
Metabolix
Redondo Beach Chamber of Commerce
ARGUMENTS IN SUPPORT : According to the bill's sponsor,
Heal the Bay:
"Californians use an estimated 19 billion single-use
plastic bags every year. We can no longer recycle our
way out of this problem. Despite efforts to expand
recycling programs, less than 5% of single-use plastic
bags are currently being recycled. The rest of these
bags inevitably end up in our landfills or as litter,
clogging stormdrain systems, and make their way to our
waterways and ocean.
"The cleanup of litter from single-use bags puts an
additional strain on our economy. The state spends an
estimated $25 million annually to clean up and landfill
littered plastic bags. One study has estimated that the
taxpayer cost to subsidize the recycling, collection, and
disposal of plastic and paper bags could amount to as
much as 17 cents per bag. This figure does not include
the additional costs that local governments incur
annually for cleaning littered streets, beaches and
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installing trash control devices to comply with total
maximum daily load limits (TMDLs) for trash under the
Clean Water Act.
"Paper bags are not a viable alternative to plastic bags.
Paper bags, particularly those made of virgin materials,
contribute to deforestation, greenhouse gas emissions,
and waterborne wastes from the pulping and paper making
process. Compostable plastic bags are also problematic
because they are lightweight and may easily become
litter. They do not readily degrade in aquatic
environments, and instead require industrial composting
facilities to property break down. Only a small number
of cities currently support the infrastructure to collect
and dispose of compostable bags properly.
"San Francisco, Malibu, Fairfax, and Palo Alto have
banned plastic bags and at least 20 more cities in
California are considering this approach. Rather than
taking a piecemeal city-by-city approach, AB 1998 will
create one uniform policy for addressing all types of
single-use bags to encourage consumers to use reusable
bags, the most sustainable alternative.
"The State of California has a critical role to play in
becoming a true leader in eliminating plastic bag waste
and preventing the proliferation of marine debris. The
passage of AB 1998 will be a major step in breaking our
addition to single-use bags."
ARGUMENTS IN OPPOSITION : The American Chemistry Council
(ACC) writes: "Though ACC supports the intent of [this]
legislation to reduce plastic bag litter and waste, we
believe that the most appropriate policy - both
environmentally and economically - is to focus on
increasing and promoting the recycling infrastructure so
that bags and other films plastics can be collected and
used as feedstock in the production of other products, such
as new bags, pallets, containers, crates, and pipe."
ACC contends that there will be some unintended
consequences if this bill becomes law. They point out that
"California law mandates that certain grocery stores and
pharmacies provide recycling bins so that consumers can
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return bags for recycling. This local infrastructure also
provides consumers with the opportunity to recycle other
plastic wraps such as produce and bread bags, dry cleaning
bags, wraps from paper towels, bathroom tissue, napkins,
and even the plastic bags used to deliver newspapers. By
banning plastic bags, grocery stores will no longer be
required to provide recycling bins for these products and a
critical consumer recycling infrastructure would be
dismantled. Such a result does not make environmental
sense."
Other opponents to this bill argue that if this bill
becomes law it would:
1. Eliminate manufacturing jobs in California at a time
when more jobs are needed. These plants cannot be
retooled. It would take millions of dollars.
2. Dismantle a growing plastic recycling program thus
creating more litter since this industry recycles other
plastic film products.
3. Increase green house gas emissions due to alternate,
less environmentally friendly, products that will now
have to be offered.
4. Expose your constituents to possible health hazards as
not everyone has the ability to wash reusable bags.
ASSEMBLY FLOOR :
AYES: Ammiano, Arambula, Bass, Beall, Block, Blumenfield,
Bradford, Brownley, Buchanan, Caballero, Carter, Chesbro,
Coto, Davis, De La Torre, De Leon, Eng, Evans, Feuer,
Fong, Fuentes, Furutani, Galgiani, Hayashi, Hill,
Huffman, Jones, Bonnie Lowenthal, Ma, Monning, Nava, V.
Manuel Perez, Portantino, Ruskin, Salas, Saldana,
Skinner, Solorio, Swanson, Torlakson, Yamada, John A.
Perez
NOES: Adams, Anderson, Bill Berryhill, Blakeslee, Conway,
DeVore, Emmerson, Fuller, Gaines, Garrick, Gilmore,
Hagman, Harkey, Huber, Jeffries, Knight, Logue, Mendoza,
Miller, Nestande, Niello, Nielsen, Norby, Smyth, Torrico,
Tran, Villines
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NO VOTE RECORDED: Tom Berryhill, Charles Calderon, Cook,
Fletcher, Hall, Hernandez, Lieu, Silva, Audra Strickland,
Torres, Vacancy
TSM:mw 8/30/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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