BILL ANALYSIS                                                                                                                                                                                                    �




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair


          AB 298 (Brownley) - Solid waste: single-use carryout bags.
          
          Amended: August 6, 2012         Policy Vote: EQ 5-2
          Urgency: No                     Mandate: No
          Hearing Date: August 16, 2012                          
          Consultant: Brendan McCarthy    
          
          SUSPENSE FILE. AS PROPOSED TO BE AMENDED.
          
          
          Bill Summary: AB 298 would generally prohibit retail stores from 
          providing single-use plastic bags to customers. The bill 
          requires retailers to make reusable grocery bags, as defined, 
          available for purchase by customers. The bill creates standards 
          for reusable grocery bags.

          Fiscal Impact: 
              One-time costs of about $200,000 to the Department of 
              Resources Recycling and Recovery to develop regulations 
              (Integrated Waste Management Fund).

              Minor ongoing costs to the Department to enforce the 
              prohibition on single-use bags (Integrated Waste Management 
              Fund). The bill does not specifically require the Department 
              to enforce the prohibition. If the Department receives 
              complaints from the public or local agencies, there could be 
              some costs to investigate such violations. The Department 
              does not actively enforce the existing statutory requirement 
              that large retailers operate plastic bag recycling programs. 


          Background: Current law requires operators of grocery stores and 
          large retail stores that include a pharmacy to operate in-store 
          recycling programs to take back plastic bags. Current law 
          provides that local governments may not implement separate 
          recycling programs or impose fees on stores that meet these 
          requirements. This requirement sunsets on January 1, 2013

          Proposed Law: AB 298 would generally prohibit retail stores from 
          providing single-use plastic bags to customers.

          Specific provisions of the bill include relating to retailers 








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          include:
              Beginning on January 1, 2014, full-line grocery stores with 
              more than $2 million in annual sales or retailers with more 
              than 10,000 square feet of floor space and a pharmacy from 
              would be prohibited from providing single-use plastic bags 
              to customers.
              From January 1, 2014 to July 1, 2015, stores referenced 
              above could provide recycled paper bags to customers.
              Stores referenced about would be required to make reusable 
              grocery bags available for sale.
              After July 1, 2015, the above requirements would also apply 
              to convenience stores licensed by the Department of Alcohol 
              Beverage Control.

          The bill would extend the sunset of the existing requirement 
          that retailers operate in-store plastic bag recycling programs.

          The bill would place in statute requirements on reusable grocery 
          bags:
              Bags would have to meet specified standards of durability 
              and labeling.
              Reusable bag manufacturers would be required to submit 
              biennial certifications to the Department of Resources 
              Recycling and Recovery, indicating that bags manufactured 
              meet existing standards.
              Reusable bag manufacturers would be required to pay a 
              biennial fee, in an amount determined by the Department that 
              fully offsets the Department's enforcement costs.

          The bill would require the Department to report to the 
          Legislature by January 1, 2016 on the implementation of the 
          bill.

          The bill would authorize cities, counties, and the state to 
          impose civil liability for violations of the bill's 
          requirements.

          Related Legislation: 
              AB 1998 (Brownley, 2010) would have prohibited stores from 
              providing single-use plastic bags and required stores to 
              provide reusable plastic bag for purchase or recycled paper 
              bags for a fee. That bill failed passage on the Senate 
              Floor.
              AB 1834 (Brownley) would define reusable bags. That bill is 








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              on the Senate Floor.
              SB 915 (Calderon) would set plastic bag reduction and 
              recycled content goals. That bill was never heard in a 
              policy committee.
              SB 1106 (Strickland) would prohibit the manufacture of 
              reusable plastic bags without specified warning labels about 
              disinfection between uses. That bill failed passage in the 
              Senate Environmental Quality Committee.

          
          Author's amendments: Would prohibit retailers from selling 
          reusable bags for less than the cost of providing the bag. Would 
          eliminate state regulation of reusable bag standards, but 
          require manufacturers to submit technical information on 
          reusable bags to the state, upon request.