BILL ANALYSIS �
AB 298
Page 1
ASSEMBLY THIRD READING
AB 298 (Brownley, et al.)
As Amended March 30, 2011
Majority vote
NATURAL RESOURCES 6-3 APPROPRIATIONS 10-5
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|Ayes:|Chesbro, Brownley, |Ayes:|Fuentes, Blumenfield, Charles |
| |Dickinson, Huffman, | |Calderon, Campos, Davis, |
| |Monning, Skinner | |Gatto, Hill, Lara, Mitchell, |
| | | |Solorio |
| | | | |
|-----+--------------------------+-----+----------------------------|
|Nays:|Knight, Grove, Halderman |Nays:|Harkey, Donnelly, Nielsen, |
| | | |Norby, Wagner |
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SUMMARY : Defines "reusable bag" and prohibits the sale of a
reusable bag unless it contains guidelines for cleaning and
disinfecting. Specifically, this bill:
1)Defines "reusable bag" as a bag with handles that a) has a
minimum lifetime of 125 uses, b) has a minimum volume of 15
liters, c) is made from materials that can be cleaned or
disinfected, d) does not contain lead, cadmium, or any other
heavy metal in toxic amounts, e) contains specific
manufacturing information about the bag and a statement that
the bag does not contain heavy metals in toxic amounts, and f)
is at least 2.25 mils thick if made of plastic.
2)Prohibits the sale or distribution of a reusable bag in the
state unless the reusable bag contains guidelines for cleaning
and disinfecting the bag.
EXISTING LAW :
1)Establishes 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.
2)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.
AB 298
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3)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 reuses.
4)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.
5)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.
6)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.
7)Sunsets the At-Store Recycling Program on January 1, 2013.
FISCAL EFFECT : Negligible state costs.
COMMENTS : 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.
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 and
cigarette filters. A 2005 report from the Los Angeles Bureau of
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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.
In growing numbers, local governments are adopting or seriously
considering plastic bag ordinances. 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."
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. The report found that hand or
machine washing reduced the numbers of bacteria in reusable bags
by more than 99.9%. As such, the report recommends requiring
printed instructions on reusable bags that advise washing
between uses.
Analysis Prepared by : Mario DeBernardo / NAT. RES. / (916)
319-2092
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