BILL ANALYSIS �
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THIRD READING
Bill No: AB 1834
Author: Brownley (D)
Amended: 5/24/12 in Senate
Vote: 21
SENATE ENVIRONMENTAL QUALITY COMMITTEE : 6-0, 5/14/12
AYES: Simitian, Blakeslee, Hancock, Kehoe, Lowenthal,
Pavley
NO VOTE RECORDED: Strickland
ASSEMBLY FLOOR : 48-25, 4/12/12 - See last page for vote
SUBJECT : Recycling: reusable bags
SOURCE : Author
DIGEST : This bill defines "reuseable bag" for purposes
of the At-Store Recycling Program Law and specifies that on
and after July 1, 2013, the definition of what is a
reuseable bag under this bill will become operative.
Between January 1, 2013 until June 30, 2013, the current At
Store Recycling Program Law remains operative. This bill
becomes operative only if SB 1219 (Wolk, 2012) becomes law.
ANALYSIS : The California Integrated Waste Management Act
of 1989 (Act), as administered by the Department of
Resources Recycling and Recovery, requires an operator of a
store, as defined, to establish an at-store recycling
program that provides customers the opportunity to return
clean plastic carryout bags to that store and to make
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reusable bags available to customers. These requirements
are repealed on January 1, 2013.
Existing law, under the At-Store Recycling Program Law
(Public Resources
Code Section 42250 et seq.) (part of the Act), among other
provisions:
1. 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.
2. 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.
3. Sunsets on January 1, 2013.
This bill, under the At-Store Recycling Program Law,
defines "reusable bag" 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 by applicable state and
federal standards for packaging or reusable bags.
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
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the bag complies with #4 above, and the percentage of
postconsumer recycled material, if any.
6. Be at least 2.25 mm thick if made of plastic.
This bill specifies that the current program provisions of
law will stay operative until June 30, 2013 and then the
above provisions take effect. It also will not go into
effect until SB 1219 becomes law also.
Comments
Purpose of this 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."
Related/prior legislation . The following bills relate to
reusable bags:
SB 1219 (Wolk, 2012) extends the January 1, 2013 At-Store
Recycling Program sunset date to January 1, 2020. The bill
was approved by the Senate Environmental Quality Committee
(5-1) on April 16, 2012.
SB 1106 (Strickland, 2012) prohibits the manufacture of
reusable bags without a warning label that specifies the
need for reusable bags to be cleaned between uses. The
bill failed in the Senate Environmental Quality Committee
(1-5) on April 23, 2012.
AB 298 (Brownley, 2011) requires cleaning instructions to
be included on reusable bags and prohibits them from
containing toxic materials, and is currently in the Senate
Environmental Quality Committee.
AB 1998 (Brownley, 2010) would have repealed the At-Store
Recycling Program and instead prohibited stores from
providing a single-use plastic carryout bag to a customer
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and required stores to provide reusable bags for purchase
or recycled paper bags for a fee. The bill failed in the
Senate (14-21) on August 31, 2010.
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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 5/24/12)
Californians Against Waste
Councilmember Margaret Clark, City of Rosemead
Integrated Waste Management Task Force
Los Angeles County Solid Waste Management Committee
ASSEMBLY FLOOR : 48-25, 4/12/12
AYES: Alejo, Allen, Ammiano, Atkins, Beall, Block,
Blumenfield, Bonilla, Bradford, Brownley, Buchanan,
Butler, Charles Calderon, Campos, Carter, Chesbro, Davis,
Dickinson, Eng, Feuer, Fong, Fuentes, Furutani, Gatto,
Gordon, Hall, Hayashi, Roger Hern�ndez, Hill, Huber,
Huffman, Lara, Bonnie Lowenthal, Ma, Mendoza, Mitchell,
Monning, Pan, Perea, V. Manuel P�rez, Portantino,
Skinner, Solorio, Swanson, Torres, Williams, Yamada, John
A. P�rez
NOES: Achadjian, Bill Berryhill, Conway, Donnelly, Beth
Gaines, Gorell, Grove, Hagman, Halderman, Harkey,
Jeffries, Jones, Knight, Logue, Mansoor, Miller, Morrell,
Nestande, Nielsen, Norby, Olsen, Silva, Smyth, Valadao,
Wagner
NO VOTE RECORDED: Cedillo, Cook, Fletcher, Galgiani,
Garrick, Hueso, Wieckowski
DLW:kc 5/24/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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