Bill Text: CA AB1834 | 2011-2012 | Regular Session | Amended
Bill Title: Recycling: reusable bags.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2012-08-30 - Ordered to inactive file pursuant to Senate Rule 29. Ordered to inactive file at the request of Senator Dutton. [AB1834 Detail]
Download: California-2011-AB1834-Amended.html
BILL NUMBER: AB 1834 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 24, 2012
INTRODUCED BY Assembly Member Brownley
FEBRUARY 22, 2012
An act to add Section 40182.5 to the Public Resources
Code, relating to solid waste. An act to amend
Sections 42250, 42252, and 42254 of the Public Resources Code,
relating to recyclin g.
LEGISLATIVE COUNSEL'S DIGEST
AB 1834, as amended, Brownley. Recycling: reusable bags.
The California Integrated Waste Management Act of 1989, as
administered by the Department of Resources Recycling and Recovery,
requires an operator of a store, as defined, to establish an at-store
recycling program that provides customers the opportunity to return
clean plastic carryout bags to that store and to make reusable bags
, as defined, available to customers. Existing law
prohibits a city, county, or other local public agency from taking
specified regulatory actions with regard to plastic carryout bags. A
violation of these requirements is subject to civil liability
penalties imposed by a local agency or the state. These
requirements and prohibitions are repealed on January 1,
2013.
This bill would define the term "reusable bag" for
purposes of the act would revise the definition of the
term "reusable bag" to require the bag to meet specified
requirements concerning lifetime use, volume, contest, labeling, and
washability, and would require the operator of a store to make these
reusable bags available to customers after July 1, 2013. The bill
also would delete the prohibition on a city, county, or other local
public agency from taking specified regulatory actions with regard to
plastic carryout bags .
The bill would only become operative only if SB 1219 of the
2011-12 Regular Session is enacted and becomes effective on or before
January 1, 2013, and amends Section 42257 of the Public Resources
Code to extend the date on which the provisions establishing the
at-store recycling program are repealed.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 42250 of the Public
Resources Code is amended to read:
42250. For purposes of this chapter, the following definitions
shall apply:
(a) "Manufacturer" means the producer of a plastic carryout bag
sold to a store.
(b) "Operator" means a person in control of, or having daily
responsibility for, the daily operation of a store, which may
include, but is not limited to, the owner of the store.
(c) "Plastic carryout bag" means a plastic carryout bag provided
by a store to a customer at the point of sale.
(d) "Reusable bag" means either of the following:
(1) A bag made of cloth or other machine washable fabric that has
handles.
(2) A durable
plastic bag with handles that is at least 2.25 mils thick and is
specifically designed and manufactured for multiple reuse
a bag with handles that is specifically designed and
manufactured for multiple reuse and meets all of the following
requirements:
(1) Has a minimum lifetime of 125 uses, which for purposes of this
subdivision, means the capability of carrying a minimum of 22 pounds
for not less than 125 times over a distance of at least 175 feet.
(2) Has a minimum volume of 15 liters.
(3) Is machine washable or is made from a material that can be
cleaned or disinfected.
(4) Does not contain lead, cadmium, or any other heavy metal in
prohibited or actionable amounts, as defined by applicable state and
federal standards and regulations for packaging or reusable bags.
(5) Has printed on the bag, or on a tag that is permanently
affixed to the bag, the name of the manufacturer, the location
(country) where the bag was manufactured, a statement that the bag
does not contain lead, cadmium, or any other heavy metal in
prohibited or actionable amounts, and the percentage of postconsumer
recycled material used, if any.
(6) If made of plastic, is a minimum of at least 2.25 mils thick.
(e) "Store" means a retail establishment that provides plastic
carryout bags to its customers as a result of the sale of a product
and that meets either of the following requirements:
(1) Meet the definition of a "supermarket" as found in Section
14526.5.
(2) Has over 10,000 square feet of retail space that generates
sales or use tax pursuant to the Bradley-Burns Uniform Local Sales
and Use Tax Law (Part 1.5 (commencing with Section 7200) of Division
2 of the Revenue and Taxation Code) and has a pharmacy licensed
pursuant to Chapter 9 (commencing with Section 4000) of Division 2 of
the Business and Professions Code.
SEC. 2. Section 42252 of the Public
Resources Code is amended to read:
42252. An at-store recycling program provided by the operator of
a store shall include all of the following:
(a) A plastic carryout bag provided by the store shall have
printed or displayed on the bag, in a manner visible to a consumer,
the words "PLEASE RETURN TO A PARTICIPATING STORE FOR RECYCLING."
(b) A plastic carryout bag collection bin shall be placed at each
store and shall be visible, easily accessible to the consumer, and
clearly marked that the collection bin is available for the purpose
of collecting and recycling plastic carryout bags.
(c) All plastic bags collected by the store shall be collected,
transported, and recycled in a manner that does not conflict with the
local jurisdiction's source reduction and recycling element,
pursuant to Chapter 2 (commencing with Section 41000) and Chapter 3
(commencing with Section 41300) of Part 2.
(d) The store shall maintain records describing the collection,
transport, and recycling of plastic bags collected for a minimum of
three years and shall make the records available to the board or the
local jurisdiction, upon request, to demonstrate compliance with this
chapter.
(e) The (1) On and
after July 1, 2013, the operator of the
a store shall make reusable bags , as defined in Section
42250, available to customers within the store, which may be
purchased and used in lieu of using a plastic carryout bag or paper
bag. This subdivision is
(2) On and after January 1, 2013, until June 30, 2013, the
operator of a store shall make reusable bags, as defined in Section
42250, as that section read on January 1, 2012, available to
customers within the store, which may be purchased and used in lieu
of using a plastic carryout bag or paper bag.
(3) Paragraphs (1) and (2) are
not applicable to a retail establishment specified pursuant to
subdivision (b) of Section 42251.
SEC. 3. Section 42254 of the Public
Resources Code is amended to read:
42254. (a) The Legislature finds and declares that all of these
are matters of statewide interest and concern:
(1) Requiring a store to collect, transport, or recycle plastic
carryout bags.
(2) Imposing a plastic carryout bag fee upon a store.
(3) Requiring a store to conduct auditing or reporting with regard
to plastic carryout bags.
(b) Unless expressly authorized by this chapter, a city, county,
or other public agency shall not adopt, implement, or enforce an
ordinance, resolution, regulation, or rule to do any of the
following:
(1) Require a store that is in compliance with this chapter to
collect, transport, or recycle plastic carryout bags.
(2) Impose a plastic carryout bag fee upon a store that is in
compliance with this chapter.
(3) Require auditing or reporting requirements that are in
addition to what is required by subdivision (d) of Section 42252,
upon a store that is in compliance with this chapter.
(c)
42254. (a) This section
chapter does not prohibit the adoption,
implementation, or enforcement of any local ordinance, resolution,
regulation, or rule governing curbside or drop off recycling programs
operated by, or pursuant to a contract with, a city, county, or
other public agency, including any action relating to fees for these
programs.
(d)
(b) This section chapter
does not affect any contract, franchise, permit, license, or other
arrangement regarding the collection or recycling of solid waste or
household hazardous waste.
SEC. 4. The provisions of this act shall become
operative only if Senate Bill 1219 of the 2011-12 Regular Session is
enacted and becomes effective on or before January 1, 2013, and
amends Section 42257 of the Public Resources Code to extend the date
on which Chapter 5.1 (commencing with Section 42250) of Part 3 of
Division 30 of the Public Resources Code is repealed.
SECTION 1. Section 40182.5 is added to the
Public Resources Code, to read:
40182.5. "Reusable bag" means a bag with handles that is
specifically designed and manufactured for multiple reuse and meets
all of the following requirements:
(a) Has a minimum lifetime of 125 uses, which for purposes of this
subdivision, means the capability of carrying a minimum of 22 pounds
125 times over a distance of at least 175 feet.
(b) Has a minimum volume of 15 liters.
(c) Is machine washable or is made from a material that can be
cleaned or disinfected.
(d) Does not contain lead, cadmium, or any other heavy metal in
toxic amounts, as defined by applicable state and federal standards
and regulations for packaging or reusable bags.
(e) Has printed on the bag, or on a tag that is permanently
affixed to the bag, the name of the manufacturer, the location
(country) where the bag was manufactured, a statement that the bag
does not contain lead, cadmium, or any other heavy metal in toxic
amounts, and the percentage of postconsumer recycled material used,
if any.
(f) If made of plastic, is a minimum of at least 2.25 mils thick.
