BILL ANALYSIS �
SB 1219
Page 1
SENATE THIRD READING
SB 1219 (Wolk)
As Introduced February 23, 2012
Majority vote
SENATE VOTE :22-13
NATURAL RESOURCES 6-3 APPROPRIATIONS 12-5
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|Ayes:|Chesbro, Brownley, |Ayes:|Fuentes, Blumenfield, |
| |Dickinson, Huffman, | |Bradford, Charles |
| |Monning, Skinner | |Calderon, Campos, Davis, |
| | | |Gatto, Hall, Hill, Lara, |
| | | |Mitchell, Solorio |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Knight, Grove, Halderman |Nays:|Harkey, Donnelly, |
| | | |Nielsen, Norby, Wagner |
| | | | |
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SUMMARY : Extends the "At-Store Recycling Program" (Program) for
plastic bags to January 1, 2020, and repeals a preemption
prohibiting local governments from implementing separate plastic
bag recycling programs, additional auditing or reporting
requirements, or from imposing a fee on plastic bags.
Specifically, this bill :
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
SB 1219
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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
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 Assembly Appropriations
Committee, this bill has negligible state costs, if any.
COMMENTS : 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% of all marine debris and 90%
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
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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.
The Program was created in 2006 (AB 2449 (Levine), Chapter 845,
Statutes of 2006) and took effect in 2007. Two years after the
Program became effective, CalRecycle reported a recycling rate
of approximately 3% (only 1% over previous 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.
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.
Analysis Prepared by : Elizabeth MacMillan / NAT. RES. / (916)
319-2092
FN: 0004808