BILL ANALYSIS �
AB 1834
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator S. Joseph Simitian, Chairman
2011-2012 Regular Session
BILL NO: AB 1834
AUTHOR: Brownley
AMENDED: As Introduced
FISCAL: No HEARING DATE: May 14, 2012
URGENCY: No CONSULTANT: Rebecca
Newhouse
SUBJECT : REUSABLE BAGS
SUMMARY :
Existing law :
1) Under the At-Store Recycling Program Law (Public Resources
Code �42250 et seq.) (part of the California Integrated
Waste Management Act of 1989), among other provisions:
a) Defines "reusable bags" as either 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 reuse.
b) Requires the operator of a store (defined 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) to make reusable bags
available to customers, which may be purchased and used
in lieu of a plastic carryout bag or paper bag.
c) Sunsets on January 1, 2013.
2) Under the Toxics in Packaging Prevention Act (Health and
Safety Code �25214.11 et seq.):
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
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itself or in a packaging component, if the regulated
metal has been intentionally introduced into the package
or packaging component during manufacturing or
distribution, except under certain specified
circumstances.
b) Prohibits a person from offering for sale or for
promotional purposes in this state a package, packaging
component, or product in a package if the sum of the
incidental total concentration levels of all regulated
metals present in a single-component package or in an
individual packaging component exceeds 100 parts per
million by weight, except under certain specified
circumstances.
c) Defines "regulated metal" as lead, mercury, cadmium
or hexavalent chromium.
d) Defines "package" as any container, produced either
domestically or in a foreign country, providing 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.
e) Excludes reusable bag from the definition of
"package."
This bill , under the California Integrated Waste Management
Act of 1989:
1) Defines "reusable bag" as a bag with handles that is
specifically designed and manufactured for multiple reuse
and meets the following requirements:
a) Has a minimum lifetime of 125 uses, carrying a
minimum of 22 pounds over a distance of 175 feet.
b) Has a minimum volume of 15 liters.
c) Is machine washable or is made from a material that
can be cleaned or disinfected.
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d) Does not contain lead, cadmium, or any other heavy
metal in toxic amounts, as specified by applicable state
and federal standards for packaging or reusable bags.
e) 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 d) above, and the
percentage of postconsumer recycled material, if any.
f) Be at least 2.25 mm thick if made of plastic.
COMMENTS :
1) Purpose of Bill . The definition for reusable bags is
included under the At-Store Recycling Program established
by AB 2449 (Levine) Chapter 845, Statutes of 2006. That
program, and therefore the definition of reusable bags,
sunsets on January 1, 2013. According to the author, "AB
1834 will update and reinstate the definition for reusable
bags in code. The updated definition for reusable bags
represents the definition that cities and counties have
been using in their ordinances."
2) Related Legislation . The following bills relate to
reusable bags:
a) AB 2449 (Levine) Chapter 845, Statutes of 2006,
enacted the At-Store Recycling Program, which defined
reusable bags and required operators of stores to make
reusable bags available to consumers.
b) AB 1998 (Brownley) of 2010 would have repealed the
at-store recycling program and instead prohibited stores
from providing a single-use plastic carryout bag to a
customer and required stores to provide reusable bags
for purchase or recycled paper bags for a fee. AB 1998
failed in the Senate on August 31, 2010 (14-21).
c) AB 298 (Brownley) of 2011 requires cleaning
instructions to be included on reusable bags and
prohibits them from containing toxic materials, and is
currently with the Senate Environmental Quality
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Committee.
d) SB 1219 (Wolk) of 2012 extends the January 1, 2013
At-Store Recycling Program sunset date to January 1,
2020. SB 1219 was approved by the Senate Environmental
Quality Committee April 16, 2012 (5-1).
e) SB 1106 (Strickland) of 2012 prohibits the
manufacture of reusable bags without a warning label
that specifies the need for reusable bags to be cleaned
between uses. SB 1106 failed in the Senate
Environmental Quality Committee April 23, 2012 (1-5).
3) Reference to definition ? It would be more appropriate to
amend the current definition of reusable bags in the
At-Store Recycling Program Law, where reusable bags are
referenced, instead of under the California Integrated
Waste Management Act. As noted above, SB 1219 (Wolk)
extends the sunset of the program to January 1, 2020. If
SB 1219 is signed into law, then AB 1834, if amended as
described above and subsequently signed into law, would
chapter out the current definition of "reusable bags" in
the At-Store Recycling Program Law and replace it with the
definition specified in AB 1834. Amendments to SB 1834
should also include additional time for stores to comply
with the new reusable bag requirements outlined in this
bill.
SOURCE : Assemblymember Brownley
SUPPORT : Californians Against Waste
OPPOSITION : None on file.