BILL ANALYSIS
SB 531
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator S. Joseph Simitian, Chairman
2009-2010 Regular Session
BILL NO: SB 531
AUTHOR: DeSaulnier
AMENDED: April 16, 2009
FISCAL: Yes HEARING DATE: April 27, 2009
URGENCY: No CONSULTANT: Randy Pestor
SUBJECT : CARRYOUT BAGS
SUMMARY :
Existing law , under the At-Store Recycling Program Law,
requires a plastic carryout bag manufacturer to develop
educational materials to encourage reducing, reusing, and
recycling of plastic bags and requires those materials to be
made available to stores required to comply with the Law.
This bill revises the Law's education requirements to:
1) Require the manufacturer, in developing educational
materials for use on and after July 1, 2011, to consult
with certain entities. The materials may be modified by
the California Integrated Waste Management Board (CIWMB),
and must be approved by the CIWMB by January 1, 2011.
2) Require the educational materials to include, but not be
limited to, certain information (e.g., use of reusable
bags, limits on the need for use of carryout bags, maximum
item count and weight capacity of carryout bags and
reusable bags, Internet website with online training
program, materials and resources to stores for education of
consumers at point of sale).
COMMENTS :
1) Purpose of Bill . AB 2449 (Levine) Chapter 845, Statutes of
2006, requires a store operator to establish an at-store
recycling program that provides an opportunity for a
customer to return plastic carryout bags; requires a
specified notice on the bags; requires a bin at the store
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for collecting bags; requires the bags to be collected,
transported, and recycled in a manner that does not
conflict with the local source reduction and recycling
element; requires certain records; requires the reusable
bags to be made available within the store for purchase;
requires plastic carryout bag manufacturers to develop
educational materials on certain matters; and authorizes a
city, county, or the state to impose specified penalties
for violations of the Law.
SB 531 is sponsored by Californians for Extended Product
Responsibility. Due to concern over the lack of
specificity for the manufacturer education program required
under current law, SB 531 provides for involvement of
certain entities in developing an education program for use
on and after July 1, 2011, and describes information that
must be included in that program.
2) Related legislation . AB 2058 (Levine) (held on Senate
Appropriations Committee Suspense File) and AB 2829 (failed
in Assembly Natural Resources Committee 4-3) of 2008 set a
$0.25 fee on carryout bags under certain conditions, and
contained related requirements.
AB 68 (Brownley) and AB 87 (Davis) of 2009 also set a $0.25
fee on carryout bags under certain conditions, with related
provisions. AB 1141 (Calderon) of 2009 extends the current
2013 carryout bag requirements to 2017, and provides for a
manufacturer or distributor extended producer
responsibility fee with related requirements. AB 68 and AB
87 were approved by the Assembly Natural Resources
Committee April 13, 2009 (6-3), and AB 1141 will be heard
by that committee April 27, 2009.
3) Continuing the dialogue . The author and sponsor plan on
convening a group of certain interests concerned with
problems associated with carryout bags to consider
alternatives in addressing those problems. If this bill is
substantially amended, the Committee may hear the bill on
concurrence in Assembly amendments if this bill is approved
by the Assembly.
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4) Double Referral to Revenue and Taxation Committee . If this
measure is approved by this committee, the do pass motion
must include the action to re-refer the bill to the Senate
Revenue and Taxation Committee.
SOURCE : Californians for Extended Product
Responsibility
SUPPORT : Based on introduced version: American
Federation of State, County and Municipal
Employees (AFSCME), AFL-CIO
OPPOSITION : Based on introduced version: American Forest &
Paper Association, Clean Water Action,
Environment California, Heal the Bay, Los
Angeles County, Manhattan Beach, Save the Bay,
Stop Hidden Taxes Coalition, Surfrider
Foundation, 58 individuals