BILL NUMBER: AB 2058	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Levine

                        FEBRUARY 19, 2008

   An act to amend Section 42257 of, and to add Section 42252.5 to,
the Public Resources Code, relating to recycling.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2058, as introduced, Levine. Recycling: plastic carryout bags.
   (1) Existing law 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.
Existing law imposes various requirements on at-store recycling
programs, including requiring a store to maintain records describing
the collection, transport, and recycling of plastic carryout bags
collected by the store.
   This bill would, on and after July 1, 2011, prohibit a store from
providing plastic carryout bags to customers unless the store
demonstrates an increased diversion rate, as defined, of 35% in the
number of plastic carryout bags provided by the store during a
specified period. The bill would, on and after July 1, 2013, prohibit
a store from providing plastic carryout bags to customers unless the
store demonstrates an increased diversion rate of 70% in the number
of plastic carryout bags provided by the store during a specified
period. The bill would authorize a store to sell a plastic carryout
bag to a customer at a cost greater than or equal to $0.15 per bag as
an alternative to demonstrating the increased diversion rates.
   (2) Under existing law, the above provisions are effective only
until January 1, 2013.
   This bill would extend the effective date of those provisions
until January 1, 2015.
   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 42252.5 is added to the Public Resources Code,
to read:
   42252.5.  (a) Except as provided in subdivision (c), on and after
July 1, 2011, a store shall not provide a plastic carryout bag to a
customer unless the store demonstrates to the board that, in
comparison to the number of plastic carryout bags provided by the
store to customers and subjected to diversion in the 2007 calendar
year, at least 35 percent more plastic carryout bags provided by the
store to customers during the 12-month period ending on December 31,
2010, and annually thereafter, have been subjected to diversion, as
described in subdivision (d).
   (b) Except as provided in subdivision (c), on and after July 1,
2013, a store shall not provide a plastic carryout bag to a customer
unless the store demonstrates to the board that, in comparison to the
number of plastic carryout bags provided by the store to customers
and subjected to diversion in the 2007 calendar year, at least 70
percent more plastic carryout bags provided by the store to customers
during the 12-month period ending on December 31, 2012, and annually
thereafter, have been subjected to diversion, as described in
subdivision (d).
   (c) A store may sell a plastic carryout bag to a customer at a
cost greater than or equal to fifteen cents ($0.15) per bag.
   (d) (1) Diversion, for purposes of this section, includes a
reduction in the volume of plastic carryout bags provided to
customers and an increase in the volume of plastic carryout bags
recycled.
   (2) All of the following are diversion for purposes of this
section:
   (A) Diversion of plastic carryout bags provided by an individual
store.
   (B) Diversion of plastic carryout bags provided by a chain of
stores under common ownership.
   (C) Diversion of plastic carryout bags within a city, county, or
region.
   (D) Diversion of plastic carryout bags within the entire state.
  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,   2015,  and as of that date is
repealed, unless a later enacted statute, that is enacted before
January 1,  2013,   2015,  deletes or
extends that date.