BILL ANALYSIS �
SB 270
Page 1
Date of Hearing: May 14, 2014
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Wesley Chesbro, Chair
SB 270 (Padilla) - As Amended: March 27, 2014
SENATE VOTE : N/A
SUBJECT : Solid waste: single-use carryout bags
SUMMARY : Prohibits stores, as defined, from distributing
lightweight, single-use plastic bags after specified dates.
Establishes requirements for reusable bags and prohibits stores
from distributing reusable bags for less than 10 cents per bag.
EXISTING LAW :
1)Establishes the At-Store Recycling Program, which:
a) Requires operators of stores, defined as supermarkets
and stores over 10,000 square feet that includes a
pharmacy, to establish an at-store recycling program.
Under the program:
i) Plastic bags provided by the store must include a
label encouraging customers to return the bag to the
store for recycling.
ii) Stores must provide clearly labeled and easily
accessible recycling bins for plastic bags.
iii) All plastic bags collected must be recycled in a
manner consistent with the local jurisdiction's recycling
plan.
iv) The store must maintain records relating to the
program for at least three years and must make the
records available to the local jurisdiction or the
Department of Resources Recycling and Recovery
(CalRecycle) upon request.
v) The operator of the store must make reusable bags
available to customers.
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a) Requires plastic carryout bag manufacturers to develop
educational materials to encourage reducing and recycling
of plastic carryout bags and make those materials available
to stores.
b) Authorizes a city, county, or the state to levy fines
for stores in violation of this law.
c) Sunsets the above provisions on January 1, 2020.
1)Establishes the Toxics in Packaging Prevention Act, which:
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 itself or in
a packaging component if the regulated metal has been
intentionally introduced into the package or packaging
component during manufacturing or distribution.
b) Defines "regulated metal" as lead, mercury, cadmium, or
hexavalent chromium.
c) Defines "package" as any container, produced either
domestically or in a foreign country that provides 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. "Package" also includes unsealed
receptacles, including carrying cases, crates, cups, pails,
rigid foil and other trays, wrappers and wrapping films,
bags (including single-use carryout bags), and tubs.
d) Excludes reusable bags from the definition of "package."
2)Establishes the Recycling Market Development Revolving Loan
Program to provide low-interest loans to businesses within one
of the state's Recycled Market Development Zones (RMDZ) for
the purchase of equipment and other relevant business costs.
THIS BILL :
1)Defines terms in the bill, including:
a) "Postconsumer recycled material" as material that would
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otherwise be destined for solid waste disposal.
b) "Recycled paper bag" as a paper carryout bag provided by
a store to a customer at the point of sale and contains a
minimum of 40 percent postconsumer recycled materials. For
a bag with the capacity to hold eight pounds or less, the
bag must contain at least 20 percent postconsumer recycled
materials. A recycled paper bag must be accepted for
recycling in a majority of households in curbside recycling
programs in the state, as well as have specified
information printed on the bag.
c) "Reusable grocery bag" as, on and after July 1, 2016, a
bag that meets requirements specified in (2) below.
d) "Single-use carryout bag" as a bag made of plastic,
paper, or other material, that is provided by a store to a
customer at the point of sale with specified exceptions
including a bag provided by a pharmacy for a prescription
purchase, a nonhandled bag used to protect an item from
damaging or contaminating other items when placed in a
recycled paper bag or reusable grocery bag, and a
dry-cleaning or garment bag.
e) "Store" as a full-line self-service retail store with
gross annual sales of at least $2 million and sells a line
of dry grocery, canned goods, or nonfood items and some
perishables (a typical grocery store); has at least 10,000
square feet of retail space and a pharmacy; or, a
convenience food store or foodmart. Includes in the
definition of store a retail establishment that voluntarily
agrees to comply with the requirements of the bill.
2)Beginning July 1, 2016, requires that a reusable grocery bag
be able to be used a minimum of 125 times, as specified; can
be cleaned; have specified information visible on the bag;
cannot contain lead, cadmium, or any other heavy metal in
toxic amounts; and, must be consistent with federal
regulations related to recyclable claims if the bag producer
claims the bag is recyclable.
3)Provides additional requirements of a reusable grocery bag if
made from plastic.
4)Establishes certification requirements for producers of
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reusable bags and suppliers of postconsumer recycled content.
5)Requires CalRecycle to:
a) Establish a schedule and procedures for reusable bag
producers and suppliers of postconsumer recycled content to
provide the required certifications.
b) Establish a certification fee that will generate
sufficient revenues to cover, but not exceed, CalRecycle's
"reasonable costs to implement and enforce the
certification provisions of the bill."
c) Publish a list of approved reusable bag producers and
suppliers of postconsumer recycled content, including the
types of bags and contact information, and a list of the
third-party certification entities approved by CalRecycle
on its website.
6)Authorizes CalRecycle to:
a) Test any reusable bag manufactured by a reusable bag
producer.
b) Inspect and audit a certified reusable bag producer.
c) Enter into an agreement with other state entities to
conduct inspections and provide necessary enforcement.
7)Prohibits stores from making single-use carryout bags
available at the point of sale on the following timeline:
a) On and after January 1, 2015, at either a grocery store
or retailer with at least 10,000 square feet of retail
space and a pharmacy.
b) On and after July 1, 2016, at a convenience food store
and foodmart.
8)Authorizes a store to make available a reusable grocery bag at
the point of sale. Requires that reusable bags may not be
sold to a consumer for less than 10 cents per bag.
9)Authorizes a store to make available a recycled paper bag for
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purchase at the point of sale for not less than 10 cents per
bag.
10)Requires a store to provide a customer participating in the
California's Special Supplemental Food Program for Women,
Infants, and Children with a reusable grocery bag or recycled
paper bag at no cost.
11)Authorizes a store to make a compostable bag (i.e., meeting
certain compostable and other requirements) available for
purchase for not less than 10 cents per bag.
12)Authorizes stores that are not included in the bill to
voluntarily participate in the bill's requirements.
13)Authorizes a city, county, city and county, or the state to
impose civil liability of $500 for the first violation of the
proposed law, $1,000 for the second violation, and $2,000 for
each subsequent violation. Collected penalties must be paid
to whichever agency brought the action.
14)Preempts local ordinances adopted on or after September 1,
2014 relating to reusable grocery bags, single-use carryout
bags, or recycled paper bags.
15)Appropriates $2 million from the Recycled Market Development
Revolving Loan Subaccount for loans and grants for the
creation and retention of jobs and economic activity in the
state for the manufacture and recycling of plastic reusable
grocery bags that use recycled content. Requires recipients
of a grant to retain and retrain existing employees for the
manufacturing of reusable grocery bags that meet the
requirements of the bill.
FISCAL EFFECT : Unknown
COMMENTS :
1)Purpose of bill . The author states, "California uses an
estimated 14 billion single-use plastic bags a year.
According to CalRecycle, less than five percent of single-use
plastic bags are recycled. Plastic bags cause litter, slow
sorting and jam machinery at recycling centers costing
California more than an estimated $25 million each year to
collect and bury the plastic bag waste. By banning plastic
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bags on a statewide level, the amount of litter and plastic
marine debris caused by plastic bags can be significantly
reduced."
2)Background . Plastic bags and plastic film together represent
just over two percent of the waste stream, and every year
California taxpayers spend $25 million disposing of the 14
billion plastic bags used annually. Although plastic
represents a relatively small fraction of the overall waste
stream in California, plastic waste is the predominate form of
marine debris. Plastics are estimated to comprise 60-80
percent of all marine debris and 90 percent 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 preferentially accumulates in certain areas throughout
the ocean. The North Pacific Central Gyre is the ultimate
destination for much of the marine debris originating from the
California coast. 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
aquatic organisms and have already negatively affected 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 . Over 77 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. This bill does not pre-empt
existing ordinances; however, it does provide uniformity
moving forward by pre-empting any local ordinance adopted
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after September 1, 2014.
4)No corresponding litter and pollution program funded by fees.
SB 270 requires stores to charge not less than 10 cents for
both paper bags and reusable bags. Some of the previous bills
on this issue directed fee revenues to be used for litter and
pollution prevention, as well as stormwater, sewer and water
treatment facility problems associated with bag debris.
On the other hand, some local governments place requirements
on how stores may expend the money collected from bag
purchases. For example, Los Angeles County allows the money
generated by bag purchases and retained by stores to be used
only for the stores' costs of compliance, actual costs of
providing recyclable paper carryout bags, or costs for
educational materials/campaigns encouraging the use of
reusable bags.
This bill is silent with regard to any funds generated by the
charge. Presumably, any funds collected would be kept by the
store.
5)Related and past legislation . A significant number of bills
related to single-use bags have been introduced.
a) AB 2058 (Levine) of 2007 would have prohibited the free
dispensing of carryout plastic bags by a store to its
customers, unless the store can demonstrate to the
California Integrated Waste Management Board (CIWMB) that
70% of the plastic bags it dispensed had been diverted from
the waste stream. AB 2058 was held in Senate
Appropriations Committee.
b) SB 531 (DeSaulnier) of 2009 would have required
manufacturers of plastic carryout bags to consult with
various entities, including the CIWMB, when developing
specified educational materials to encourage the reduced
use or recycling of those bags, and authorized the CIWMB to
modify those materials. SB 531 was held in Assembly
Natural Resources Committee without further action.
c) AB 68 (Brownley) of 2009 and AB 87 (Davis) of 2009 both
would have required a 25 cent fee on the distribution of
single-use carryout bags. Both bills were held in the
Assembly Appropriations Committee.
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d) AB 2138 (Chesbro) of 2010 would have established
recycling and composting requirements for take-out food
packaging, including bags. AB 2138 was held on the
Assembly Appropriations Committee suspense file.
e) 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 was
held on the Senate Floor.
f) SB 915 (Calderon) of 2011 would have established plastic
bag reduction and recycled content goals. A hearing in the
Senate Environmental Quality Committee was canceled at the
request of the author.
g) AB 1834 (Brownley) of 2012 would have defined reusable
bags. This bill was held on the Senate Floor.
h) SB 1106 (Strickland) of 2012 would have prohibited the
manufacture, distribution, and sale of reusable bags
without a warning label that both specifies the need for
reusable bags to be cleaned and disinfected between uses
and outlines the health risks associated with not cleaning
or disinfecting reusable bags between uses. SB 1106 was
held in the Senate Environmental Quality Committee.
i) AB 298 (Brownley) of 2011would have prohibited a
reusable bag manufacturer from selling or distributing a
reusable bag in the state unless it meets specified
requirements. AB 298 was held in the Senate Appropriations
Committee.
j) SB 1219 (Wolk), Chapter 384, Statutes of 2012, extended
the sunset of the At-Store Recycling Program requirements
from January 1, 2013 to January 1, 2020 and repealed the
provisions preempting local regulatory action related to
the at-store recycling program requirements.
aa) AB 158 (Levine) in the current Session is substantially
similar to SB 270. Generally, this bill prohibits grocery
stores from providing single-use plastic bags to customers
and requires stores to make reusable bags available for
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purchase by customers. This bill was moved to the Assembly
inactive file by the author.
bb) SB 405 (Padilla) in the current Session is substantially
similar to SB 270. Generally, this bill prohibits grocery
stores from providing single-use plastic bags to consumers
and requires stores to make reusable bags available for
purchase by customers. This bill was moved to the Senate
inactive file by the author.
cc) SB 700 (Wolk) in the current Session would have required
retail establishments, as defined, to collect a fee of 5
cents for every single-use carryout bag provided to a
customer. The bill requires that the fees be available for
grants to cities and counties for local parks and local
programs that reduce and cleanup litter. This bill was
held in the Senate Appropriations Committee.
6)Suggested amendments . The committee may wish to make a
number of technical, clarifying, and other amendments to
ensure that the bill is enforceable, protective of public
health, consistent with other state programs, and make related
technical and clarifying changes.
a) The bill allows non-regulated stores to "voluntarily"
participate in the program. The committee may wish to
amend the bill to clarify that this provision is
enforceable by CalRecycle.
b) This bill specifies that reusable bags be free from
heavy metals "in toxic amounts." The committee may wish to
amend the bill to specify that reusable bags do not contain
toxic materials that may pose a threat to public health,
which may be demonstrated by obtaining a letter of
non-objection from the federal Food and Drug
Administration. This method of demonstration is commonly
used for other types of plastic packaging.
c) The certification provisions in this bill are complex
and in some places duplicative. The committee may wish to
amend the bill to consolidate, streamline, and make
technical changes to the certification requirements.
d) Currently the bill pre-empts all local ordinances
adopted after September 1, 2014, which may affect local
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governments that are currently in the process of adopting
an ordinance. The committee may wish to amend the bill to
permit ordinances that have already "passed a first
reading" prior to that date and that are adopted before
January 1, 2015.
e) This bill appropriates $2 million from the Recycled
Market Development Revolving Loan Program for "loans and
grants." In order to ensure that the bill is consistent
with the purposes of the program, the committee may wish to
amend the bill to preserve the existing loan program.
REGISTERED SUPPORT / OPPOSITION :
Support
All One Ocean
Black Surfers Collective
California Association of Environmental Health Administrators
California Coastal Coalition
California Coastkeeper
California League of Conservation Voters
California Retailers Association
Californians Against Waste
ChicoEco, Inc.
City of Clayton
City of Concord
City of Los Angeles
City of Palm Desert
City of Sacramento
City of San Jose
City of San Rafael
Clean Oceans Competition
Clean Water Action
Command Packaging
Contra Costa Clean Water Program
Costa Mesa Sanitary District
County of San Mateo
County of Santa Barbara
County of Santa Clara
Don't Waste LA
Environment California
Five Gyres Institute
Global Alliance for Incinerator Alternatives
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Global Green USA
Green Cities California
Green Vets Los Angeles
Green Waste Recovery
Heal The Bay
Hidden Resources
Latino Coalition for a California Bag Ban
Los Angeles Alliance for a New Economy
Napa Recycling and Waste Services
Napa Valley CanDo
Natural Resources Defense Council
Ocean Project
Pacoima Beautiful
Planning and Conservation League
Plastic Free Seas
Plastic Pollution Coalition
Plastic Soup Foundation
Plasticbaglaws.org
Republic Services
Reusable Bag Association
Sachamama
Santa Barbara Channelkeeper
Seventh Generation Advisors
Sierra Club California
Silicon Valley Leadership Group
Suja Lowenthal, Councilmember, City of Long Beach
Surfrider Foundation
Sustainable Coastlines Hawaii
Target
Wildcoast
World Society for the Protection of Animals
Zero Waste San Diego
11,345 individuals (petition)
Opposition
Advance Polybag, Inc.
American Forest and Paper Association
American Progressive Bag Association
California Recycling Market Development Zones Association
California Manufacturers and Technology Association
Crown Poly
Elkay Plastics Co., Inc.
Hilex Poly
National Black Chamber of Commerce
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National Federation of Independent Businesses
SPI: The Plastics Industry Trade Association
Third Baptist Church of San Francisco
US Black Chamber, Inc.
542 individuals
Analysis Prepared by : Elizabeth MacMillan / NAT. RES. / (916)
319-2092