BILL ANALYSIS �
AB 1834
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Date of Hearing: March 26, 2012
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Wesley Chesbro, Chair
AB 1834 (Brownley) - As Introduced: February 22, 2012
SUBJECT : Recycling: reusable bags
SUMMARY : Defines the term "reusable bag" for purposes of the
California Integrated Waste Management Act of 1989 (Act).
EXISTING LAW :
1)Establishes the At-Store Recycling Program, which:
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
uses.
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.
2)Establishes the Toxics in Packaging Prevention Act, which:
a) Prohibits a person from offering for sale or for
AB 1834
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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 defines "reusable bag" in the general definitions of
the Act, as a bag with handles that is specifically designed and
manufactured for multiple reuse and meets the following
requirements:
1)Has a minimum lifetime of 125 uses, carrying a minimum of 22
pounds over a distance of 175 feet;
2)Has a minimum volume of 15 liters;
3)Is machine washable or is made from a material that can be
cleaned or disinfected;
4)Does not contain lead, cadmium, or any other heavy metal in
toxic amounts, as specified;
5)Has printed on the bag, or on a tag that is permanently
affixed to the bag, the name of the manufacturer, the country
in which it was manufactured, a statement that the bag
complies with #3 (above), and the percentage of postconsumer
recycled material, if any;
6)If made of plastic, specifies that it be at least 2.25 mils
thick.
AB 1834
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FISCAL EFFECT : Non-fiscal
COMMENTS : According to the author, this bill establishes a
definition of "reusable bag," because the current definition
will sunset on January 1, 2013. The definition is similar to
the definition currently in use by many local government
ordinances.
REGISTERED SUPPORT / OPPOSITION :
Support
Californians Against Waste
Opposition
None on file
Analysis Prepared by : Elizabeth MacMillan / NAT. RES. / (916)
319-2092