BILL ANALYSIS �
SB 1219
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Date of Hearing: June 18, 2012
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Wesley Chesbro, Chair
SB 1219 (Wolk) - As Introduced: February 23, 2012
SENATE VOTE : 22-13
SUBJECT : Recycling: plastic bags
SUMMARY : Extends the "At-Store Recycling Program" (Program) for
plastic bags to January 1, 2020 and repeals the preemption that
prohibits local governments from implementing separate plastic
bag recycling programs, additional auditing or reporting
requirements, or from imposing a fee on plastic bags.
EXISTING LAW :
1)Requires stores, defined at supermarkets and stores over
10,000 square feet that include a pharmacy, to establish an
at-store recycling program for plastic carryout bags. The
Program requires that:
a) Plastic bags provided by the store must have a label
that encourages customers to return the bag for recycling;
b) Stores provide clearly labeled and easily accessible
recycling bins;
c) All bags collected be recycled in a manner consistent
with the local jurisdiction's recycling plan;
d) Stores must maintain records relating to the Program for
at least three years and make the records available to the
local jurisdiction or the Department of Resources Recycling
and Recovery (CalRecycle) upon request; and,
e) Stores must make reusable bags available.
2)Requires bag manufacturers to develop educational materials to
encourage source reduction and recycling and to make the
materials available to stores.
3)Preempts local governments from requiring stores that are
complying with the Program to implement separate bag recycling
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programs, additional auditing or reporting requirements, or
imposing a bag fee.
4)Authorizes a local government or the state to levy fines for
stores that violate these requirements.
5)Sunsets the program on January 1, 2013.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8 this bill has negligible
state costs.
COMMENTS :
Background : Plastic bags are extremely light weight and prone
to migrating; they represent a disproportionately large share of
litter and marine debris. According to the U.S. Environmental
Protection Agency, marine debris is a serious problem along
shorelines, coastal waters, estuaries, and oceans throughout the
world. It is estimated that 60-80 percent of all marine debris
and 90 percent of floating debris is plastic. Bags and other
film plastic are a significant risk to marine life, because they
resemble jellyfish in the water, a food source for a wide
variety of marine animals. Over time, plastic breaks down into
smaller and smaller pieces. These small bits of plastic
continue to pose a threat to marine life, including sea birds
and filter feeders. Because of ocean currents, much of the
marine debris originating in California ends up in the North
Pacific Gyre, a large area approximately half way between
California and Japan. It is the largest ecosystem on Earth,
comprising 20 million square kilometers. A 2009 study by the
Algalita Marine Research Foundation of the Gyre found the mass
of plastics was six times the mass of plankton in drifts where
marine animals congregate for feeding. The current ratio is
estimated to be eight to one. Additionally, hydrophobic
chemicals present in the ocean in trace amounts bind to plastic
particles and may enter and accumulate in the food chain.
According to the California Coastal Commission, the primary
source of marine debris is urban runoff, of which plastic bags
are particularly susceptible.
History of the Program : The Program was created in 2006 (AB
2449, Levine) and took effect in 2007. Two years after the
Program became effective, CalRecycle reported a recycling rate
of approximately three percent (only one percent over previous
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estimates) for plastic carryout bags. A characterization study
conducted by California State University, Sacramento found that
the Program was also collecting plastic shrink wrap and other
film plastic. While this type of collection program diverts
plastic film from the landfill disposal, they are generally not
effective at preventing litter, as consumers that are the most
likely to return bags for recycling are the least likely to
litter them.
This bill : According to the author, "the goal of SB 1219 is to
extend the recycling program without the fee prohibition. Any
fee or tax implemented at the local level would be subject to
Proposition 26 and potentially require two-thirds voter
approval." The author indicates that the Program has enjoyed
"modest success" in collecting bags, but points out that it has
"more dramatically" increased the collection of film plastic for
recycling.
Related legislation :
1)AB 298 (Brownley) requires that cleaning instructions be
included on reusable bags and prohibits reusable bags from
containing toxic materials. This bill is currently in the
Senate Environmental Quality Committee.
2)AB 1834 (Brownely) defines reusable bags under the Program; it
will only become effective if SB 1219 is enacted. This bill
is currently in the Senate Appropriations Committee.
3)SB 1106 (Strickland) requires CalRecycle to study whether or
not the use of reusable bags increases an individual's risk of
serious illness; strikes the sunset on the Program; and,
prohibits the manufacture of reusable bags that do not contain
the following warning in 10-point type:
WARNING: Reusable bags must be cleaned and disinfected
between uses to prevent food cross contamination. Failure
to do so can cause serious illness from food-borne
pathogens.
This bill failed passage in the Senate Environmental Quality
Committee.
REGISTERED SUPPORT / OPPOSITION :
SB 1219
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Support
Regional Council of Rural Counties
Opposition
None on file
Analysis Prepared by : Elizabeth MacMillan / NAT. RES. / (916)
319-2092