Bill Text: CA SB1219 | 2011-2012 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Recycling: plastic bags.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2012-09-19 - Chaptered by Secretary of State. Chapter 384, Statutes of 2012. [SB1219 Detail]

Download: California-2011-SB1219-Introduced.html

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BILL NUMBER: SB 1219	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Wolk

                        FEBRUARY 23, 2012

   An act to amend Sections 42254 and 42257 of the Public Resources
Code, relating to recycling.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1219, as introduced, Wolk. Recycling: plastic bags.
   Existing law requires an operator of a store, as defined, to
establish an at-store recycling program that provides to customers
the opportunity to return clean plastic carryout bags to that store.
This requirement is repealed on January 1, 2013. Existing law
prohibits a city, county, or other local public agency from taking
specified regulatory actions with regard to the recycling of plastic
carryout bags. Existing law provides for the enforcement of those
provisions by local agencies and by the state and requires the civil
penalties collected by the state to be expended by the Attorney
General, upon appropriation by the Legislature, to implement these
requirements.
   This bill would extend those at-store recycling program
requirements until January 1, 2020, and would repeal the provisions
preempting local regulatory action.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  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. 2.  Section 42257 of the Public Resources Code is amended to
read:
   42257.  This chapter shall remain in effect only until January 1,
 2013   2020  , and as of that date is
repealed, unless a later enacted statute, that is enacted before
January 1,  2013   2020  , deletes or
extends that date.