BILL ANALYSIS �
AB 158
Page 1
ASSEMBLY THIRD READING
AB 158 (Levine)
As Amended January 27, 2014
Majority vote
NATURAL RESOURCES 6-3 APPROPRIATIONS 11-4
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|Ayes:|Chesbro, Garcia, |Ayes:|Gatto, Bocanegra, |
| |Muratsuchi, Skinner, | |Bradford, |
| |Stone, Williams | |Ian Calderon, Campos, |
| | | |Eggman, Gomez, Holden, |
| | | |Pan, Ridley-Thomas, Weber |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Grove, Bigelow, Patterson |Nays:|Bigelow, Allen, Linder, |
| | | |Wagner |
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SUMMARY : Generally prohibits retail stores from providing
single-use plastic bags to customers. Requires retailers to
make reusable grocery bags, as defined, available for purchase
by customers. Specifically, this bill :
1)Prohibits stores from providing single-use carryout bags at
the point of sale beginning January 1, 2015. This includes
bags made of plastic, paper, or other material that is not
reusable, as defined.
2)Requires stores to provide reusable grocery bags after January
1, 2016. The store may charge the customer for the reusable
bags, which include washable fabric and other bags designed
for at least 125 uses. After July 1, 2017, reusable grocery
bags may also include plastic bags with at least 20% recycled
material designed for at least 125 uses.
3)Authorizes stores to make recyclable paper bags and
compostable reusable bags available for purchase.
4)Delays implementation of the bill until July 1, 2016, for
convenience food stores and foodmarts that hold a liquor
license.
5)Requires stores to provide reusable grocery bags to customers
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participating in the California Special Supplemental Food
Program for Women, Infants, and Children at no cost.
6)On or before January 1, 2016, and every two years thereafter,
requires a reusable bag producer to provide to the California
Department of Resources Recycling and Recovery (CalRecycle) a
certification, conducted by a third-party entity, for each
type of reusable bag that is manufactured, imported, sold, or
distributed in the state, which certifies that the bag meets
the requirements of the bill.
7)Requires CalRecycle to publish specified information about
reusable bags that are in compliance with the requirements of
the bill.
8)Authorizes a certification process for CalRecycle to:
a) Test, inspect, audit grocery bag producers and recover
costs from the producer; and,
b) Impose civil administrative penalties up to $500 for
first-time violations and up to $5,000 for subsequent
violations to be deposited in the Reusable Bag Account,
created by this bill.
9)Authorizes local governments and the state to impose civil
penalties up to $500 for first-time offenders, $1,000 for
second violations, and $2,000 for subsequent violations.
These penalties do not apply to the CalRecycle certification
requirements. Proceeds from these penalties shall be paid to
the city attorney, city prosecutor, district attorney or
Attorney General that brought the action.
10) Requires CalRecycle to report to the Legislature by January
1, 2017, on the following:
a) Data to evaluate pollution reduction;
b) Recommendations to further encourage the use of reusable
bags;
c) An evaluation including recommendations to improve the
requirements of the bill;
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d) The distribution of recycled paper bags; and,
e) The number and type of violations.
11)Preempts a local government from enforcing any ordinance,
resolution, regulation, or rule adopted after January 1, 2014,
against a store, as defined in the bill, relating to reusable
grocery bags, single-use carryout bags, or recycled paper
bags.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, reimbursable costs to CalRecycle to implement third
party verification.
COMMENTS :
1)Purpose of the bill . According to the author:
Nearly one-third of Californians [live in] cities and
counties [that] have taken action on single-use bags
by passing local ordinances that ban the use of these
bags. Seven chain grocers, including Whole Foods and
Trader Joe's, have also made a business decision to
use only paper or reusable bags.
The environmental impact of single-use plastic bags is
well-documented, plastic bags comprise 10 percent of
marine debris and take more than 1,000 years to break
down? Reusable bags have a lower overall impact than
single-use bags.
2)Background . Every year California taxpayers spend around $25
million disposing of the 19 billion plastic bags used
annually. Although plastic represents a relatively small
fraction of the overall waste stream in California by weight,
plastic is the most prevalent form of marine debris. Plastics
are estimated to compose 60%-80% of all marine debris and 90%
of all floating debris. According to the California Coastal
Commission, the primary source of marine debris is urban
runoff, of which lightweight plastic bags and plastic film are
particularly susceptible. Due to the interplay of ocean
currents, marine debris tends to accumulate in certain areas
of the ocean. The North Pacific Central Gyre is where much of
the marine debris originating from the California coast ends
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up. A study by the Algalita Marine Research Foundation found
an average of more than 300,000 plastic pieces per square mile
of the Gyre and that the mass of plastic was six times greater
than zooplankton floating on the water's surface.
Most plastic marine debris exists as small plastic particles
due to excessive UV radiation exposure and subsequent
photo-degradation. These plastic pieces are ingested by
marine organisms and have been proven to negatively affect
over 250 animal species worldwide. In addition, hydrophobic
chemicals present in the ocean in trace amounts (e.g., from
contaminated runoff and oil and chemical spills) have an
affinity for, and can bind to, plastic particles and may also
enter and accumulate in the food chain through the same
mechanism.
3)Local bag responses . Nearly 70 cities and counties throughout
California have adopted ordinances banning plastic bags
including San Francisco, San Jose, Long Beach, Los Angeles
County, Santa Clara County, and Alameda County. Many of these
local governments also require stores to charge a fee for a
paper carryout bag, and a few have banned both single-use
plastic and paper carryout bags.
Analysis Prepared by : Elizabeth MacMillan / NAT. RES. / (916)
319-2092
FN: 0003032