BILL ANALYSIS �
AB 298
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Date of Hearing: March 21, 2011
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Wesley Chesbro, Chair
AB 298 (Brownley) - As Introduced: February 9, 2011
SUBJECT : Recycling: reusable bags
SUMMARY : Prohibits a reusable bag manufacturer from selling or
distributing a reusable bag in the state unless it is made from
materials that can be cleaned and disinfected and does not
contain lead, cadmium, or any other heavy metals in toxic
amounts.
EXISTING LAW :
1)At-Store Recycling Program
a) Requires the operator of a store to make reusable bags
available to customers, which may be purchased and used in
lieu of a plastic carryout bag or paper bag.
b) Defines "reusable bag" as a bag made of cloth or other
machine washable fabric that has handles or a durable
plastic bag with handles that is at least 2.25 mils thick
and is specifically designed and manufactured for multiple
reuse.
c) Defines "store" as a retail establishment that provides
plastic carryout bags to its customers as a result of the
sale of a product and is either a supermarket or has over
10,000 square feet of retail space and a pharmacy.
d) Requires the operator of a store to establish an
at-store recycling program that provides an opportunity for
a customer to return clean plastic carryout bags.
e) Allows a city, county, or the state to impose civil
liability for violating the requirements of the At-Store
Recycling Program laws. Penalties range from $500 to
$2,000 depending on the number of previous violations.
f) Sunsets the At-Store Recycling Program on January 1,
2013.
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2)Toxics in Packaging Prevention Act
a) Prohibits a person from offering for sale or for
promotional purposes in this state a product in a package
that includes a regulated metal, in the package itself or
in a packaging component, if the regulated metal has been
intentionally introduced into the package or packaging
component during manufacturing or distribution.
b) Defines "regulated metal" as lead, mercury, cadmium, or
hexavalent chromium.
c) Defines "package" as any container, produced either
domestically or in a foreign country, that provides a means
of marketing, protecting, or handling a product from its
point of manufacture to its sale or transfer to a consumer,
including a unity package, an intermediate package, or a
shipping container. "Package" also includes, but is not
limited to, unsealed receptacles, including carrying cases,
crates, cups, pails, rigid foil and other trays, wrappers
and wrapping films, bags, and tubs.
d) Excludes reusable bags from the definition of "package."
THIS BILL :
1)Prohibits a manufacturer of a reusable bag from selling or
distributing a reusable bag that is designed or intended to be
sold or distributed to a store's customers unless the bag
meets all of the following conditions:
a) The reusable bag is made from materials that can be
cleaned and disinfected.
b) There are guidelines for cleaning and disinfecting the
reusable bag printed on the bag or on a tag attached to the
bag.
c) The reusable bag does not contain lead, cadmium, or any
other heavy metal in toxic amounts.
2)Defines a manufacturer, for the purposes of this bill, as a
producer of a reusable bag or a person who purchases a
reusable bag from a producer for resale or redistribution.
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FISCAL EFFECT : Unknown
COMMENTS :
1)Reusable Bags vs. Single-Use Bags. AB 2449 (Levine) Chapter
845 of the Statutes of 2006, established the At-Store
Recycling Program to "encourage the use of reusable bags by
consumers and retailers and to reduce the consumption of
single-use bags." The At-Store Recycling Program seeks to
accomplish this goal by requiring stores to make reusable bags
available to customers and to give customers the opportunity
to return their plastic carryout bags for recycling. Governor
Arnold Schwarzenegger's signing message regarding AB 2449
highlighted the importance of this program by stating that it
"will make progress to reduce plastics in our environment."
The negative environmental effects of single-use bags,
particularly plastic bags, are well documented. Single-use
plastic bags are a significant contributor to litter and
marine debris in major part because of their light weight and
expansive nature, which makes them especially prone to blowing
into waterways. An Ocean Conservancy report regarding the
2009 International Coastal Cleanup, which involved 498,818
volunteers (82,365 from California) collecting 7.4 million
pounds of marine debris in one day, explains that plastic bags
were the second most collected marine debris item next to
cigarettes/cigarette filter. A 2005 report from the Los
Angeles Bureau of Sanitation explains that two trash sorts,
including one that occurred during the 2004 Great Los Angeles
River CleanUp, showed that plastics, predominantly plastic
bags, constituted the single greatest component of urban
litter in the Los Angeles River.
Reusable bags also have a lower overall environmental impact
than single-use bags. According to a 2011 life cycle
assessment report produced by the California State University
Chico Research Foundation (LCA Report), reusable plastic bags
use less energy, emit less pollution, release less greenhouse
gases, and create less solid waste than single-use plastic
bags and single-use paper bags when used more than eight
times.
2)Heavy Metals. The Toxics in Packaging Prevention Act
prohibits a person from offering for sale or for promotional
purposes a product in a package that includes a regulated
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metal, in the package itself or in a packaging component, if
the regulated metal has been intentionally introduced into the
package or packaging component during manufacturing or
distribution. Reusable bags are expressly exempted from this
Act.
The 2011 LCA report revealed (albeit through testing of a
relatively small sample size of retail and grocery bags) that
a significant percentage of reusable bags contain cadmium
and/or lead. In light of reports like this, the author
believes that "the state must protect its citizens against
bags containing lead and other toxic materials. Toxins in
reusable bags cause environmental problems when �eventually]
deposited in landfills, as well as harm the food products
contained within the bags."
In growing numbers, local governments are adopting or
seriously considering plastic bag ordinances. Among these
local governments are San Francisco, Manhattan Beach, San
Jose, Encinitas, Berkeley, Palo Alto, Morgan Hill, Mountain
View, Santa Monica, San Diego, Fairfax, Oakland, Santa Cruz,
Malibu, Santa Barbara, Richmond, Long Beach, Salinas,
Calabasas, Laguna Beach, Sunnyvale, Davis, Milpitas, Arcata,
Alameda County, Humboldt County, Marin County, Los Angeles
County, and Santa Clara County. According to the author, "as
more California cities ban single use bags, more Californians
are turning to reusable bags. These bags must be clean and
safe to use for the ultimate safety of the consumer and the
environment."
3)Clean and Disinfect. A 2010 report from the Loma Linda
University School of Public Health found that consumers almost
never wash their reusable bags. In tests, large numbers of
bacteria were found in reusable bags, including E. coli.
These bacteria were capable of growth when stored in car
trunks. The report found that hand or machine washing reduced
the numbers of bacteria in reusable bags by more than 99.9
percent. As such, the report recommends requiring printed
instructions on reusable bags that advise washing between
uses.
4)Suggested Amendments. Existing law repeals the At-Store
Recycling Program chapter in the Public Resources Code on
January 1, 2013 unless extended by statute. This bill makes
amendments to this chapter without extending or deleting the
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repeal date. The author may consider amendments that insert
the bill's provisions in a new chapter to avoid automatic
repeal in 2013. Additionally, the bill includes terms, such
as "reusable bag" and "store" that are defined in the At-Store
Recycling Program chapter. The author may consider amendments
that define these terms in the new chapter to avoid confusion
when the existing definitions are repealed in 2013.
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REGISTERED SUPPORT / OPPOSITION :
Support
Californians Against Waste
Clean Water Action
Environmental Working Group
Heal the Bay
Seventh Generation Advisors
Surfrider Foundation
Opposition
None on file
Analysis Prepared by : Mario DeBernardo / NAT. RES. / (916)
319-2092