BILL ANALYSIS �
SB 270
Page 1
SENATE THIRD READING
SB 270 (Padilla, et al.)
As Amended August 21, 2014
Majority vote
SENATE VOTE :Vote not relevant
NATURAL RESOURCES 5-3 APPROPRIATIONS
11-3
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|Ayes:|Chesbro, Muratsuchi, |Ayes:|Gatto, Bocanegra, |
| |Skinner, Stone, Williams | |Bradford, |
| | | |Ian Calderon, Campos, |
| | | |Gomez, Holden, Pan, |
| | | |Quirk, Ridley-Thomas, |
| | | |Weber |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Dahle, Bigelow, Patterson |Nays:|Bigelow, Donnelly, Linder |
| | | | |
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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 and recycled paper bags for less
than $0.10 per bag. Specifically, this bill :
1)Defines terms in the bill, including:
a) "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% postconsumer recycled materials. For a bag
with the capacity to hold eight pounds or less, the bag
must contain at least 20% 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.
b) "Reusable grocery bag" as, on and after July 1, 2016, a
bag that meets requirements specified in 2) below.
c) "Single-use carryout bag" as a bag made of plastic,
paper, or other material that is provided by a store to a
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customer at the point of sale. Exempts from this
definition specified bags, 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.
d) "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 any other retail establishment that
voluntarily agrees to comply with the requirements of the
bill.
2)Beginning July 1, 2015, 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 toxic material that
may pose a threat to public health; and, must be consistent
with federal regulations related to recyclable claims if the
bag producer claims the bag is recyclable.
3)Establishes certification requirements for producers of
reusable bags and suppliers of postconsumer recycled content.
4)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.
5)Authorizes a store to make available a reusable grocery bag or
recycled paper bag at the point of sale. Requires that these
bags may not be sold to a consumer for less than $0.10.
6)Requires that all moneys collected by stores pursuant to the
bill be retained at the store and be used for costs associated
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with complying with the bill; actual costs of providing
recycled paper bags and reusable grocery bags; and, costs
associated with a store's educational materials or educational
campaign encouraging he use of reusable bags.
7)Requires a store to provide a reusable bag or recycled paper
bag at no charge to any customer using California Special
Supplemental Food Program for Women, Infants and Children
benefits, CalFresh benefits (federally known as Supplemental
Nutrition Assistance Program [SNAP] benefits), California Food
Assistance Program benefits, or cash aid benefits.
8)Authorizes stores that are not included in the bill to
voluntarily participate in the bill's requirements by
submitting an irrevocable written notice to the Department of
Resources Recycling and Recovery (CalRecycle) containing
specified information.
9)Authorizes a city, county, city and county, or the state to
impose civil liability of $1,000 for the first violation of
the proposed law, $2,000 for the second violation, and $5,000
for each subsequent violation. Collected penalties must be
paid to whichever agency brought the action.
10)Preempts local ordinances adopted on or after September 1,
2014, relating to reusable grocery bags, single-use carryout
bags, or recycled paper bags.
11)Appropriates $2 million from the Recycled Market Development
Revolving Loan Subaccount for loans 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 loan to
retain and retrain existing employees for the manufacturing of
reusable grocery bags that meet the requirements of the bill.
Specifies that any funds not expended by the end of the
2015-16 fiscal year revert back to the Subaccount.
FISCAL EFFECT : According to the Assembly Appropriations
Committee:
1)$2 million special fund appropriation to CalRecycle to
establish a loan program for reusable plastic bag
manufacturing machinery and facilities conversion and worker
training.
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2)Significant one-time costs and ongoing costs to CalRecyle,
potentially in the $1 million to $1.4 million range to oversee
and implement the program. $500,000 or more for evaluation,
bag testing and data compiling requirements.
COMMENTS : 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 bags on a statewide level, the
amount of litter and plastic marine debris caused by plastic
bags can be significantly reduced."
Plastic bags and plastic film together represent just over 2% 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% to 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 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 ultraviolet 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.
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Eighty-seven 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 after September 1, 2014.
Analysis Prepared by : Elizabeth MacMillan / NAT. RES. / (916)
319-2092
FN: 0005157