BILL NUMBER: AB 2829 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 7, 2008
AMENDED IN ASSEMBLY MARCH 28, 2008
INTRODUCED BY Assembly Member Davis
( Coauthors: Assembly Members
Price and Swanson )
FEBRUARY 22, 2008
An act to amend Sections 42250, 42252, and 42254 of, to add
Sections 42252.4, 42252.5, 42252.4 and
42252.6 to, and to repeal Section 42257 of, the Public Resources
Code, relating to recycling.
LEGISLATIVE COUNSEL'S DIGEST
AB 2829, as amended, Davis. Recycling: plastic carryout bags.
(1) Existing law requires an operator of a store, as defined, to
establish an at-store recycling program that provides an opportunity
for a customer of the store to return clean plastic carryout bags to
that store (at-store recycling program). Existing law requires a
plastic carryout bag provided by a store to have printed or displayed
on the bag the words "PLEASE RETURN TO A PARTICIPATING STORE FOR
RECYCLING." A local agency or the state is authorized to enforce
these provisions by imposing a civil penalty for a violation of these
requirements. These provisions are repealed on January 1, 2013.
This bill would delete that repeal date and additionally require
each plastic carryout bag provided by the store, on and after July 1,
2009, to have printed or displayed on the bag an environmental
awareness message describing the negative impacts on the environment
and wildlife caused by littered plastic carryout bags and encouraging
the use of reusable bags. The board would be required by July 1,
2009, to develop that environmental awareness message, in
consultation with specified stakeholders.
The bill would prohibit the operator of a store, on and after July
1, 2010, from providing a plastic carryout bag to a customer unless
the operator demonstrates that the store has achieved a diversion
rate of not less than 30%. The bill would also prohibit the operator
of a store, on and after July 1, 2013, from providing a plastic
carryout bag to a customer unless the operator demonstrates that the
store has achieved a diversion rate of not less than 65%. The bill
would specify a formula for determining the diversion rate and would
authorize an operator of a store to comply with these diversion
requirements by reducing the quantity of plastic carryout bags
provided by the store, by increasing the quantity of plastic carryout
bags recycled at that store, or by taking any other action to
achieve the diversion rate.
The bill would require, on and after July 1, 2009, a person who is
provided a plastic carryout bag by a store to pay the store a
plastic carryout bag impact fee of $0.25 per bag. A store would be
required to collect the plastic carryout bag impact fee from the
customer at the time of sale and would be authorized to retain 3% of
the fee as reimbursement for any costs associated with the collection
of the fee.
The bill would require the store to remit the remainder of the fee
collected to the board on a quarterly schedule for deposit in the
California Plastic Carryout Bag Impact Fund, which the bill would
create in the State Treasury. The board would be authorized to expend
the moneys in the fund, upon appropriation by the Legislature, as
reimbursement for the board's costs of collection, auditing, and
making refunds associated with the fund and to make payments to
counties and cities for plastic carryout bag litter prevention,
plastic carryout bag litter cleanup activities, and source reduction
efforts to reduce the use of plastic carryout bags. The bill would
specify a procedure for the disbursement of those payments on a per
capita basis.
(2) Existing law prohibits a city, county, or other public agency
from adopting, implementing, or enforcing an ordinance, resolution,
regulation, or rule that, among other things, imposes a plastic
carryout bag fee upon a store that has established an at-store
recycling provision.
This bill would delete the prohibition on a city, county, or other
public agency from imposing a plastic carryout bag fee upon a store.
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. (a) The Legislature finds and declares all of the
following:
(1) The fee imposed pursuant to Section 42252.6 of the Public
Resources Code will mitigate the environmental, public health, and
other public-financed impacts caused by the use of plastic bags by
offsetting the costs of programs to prevent the littering of plastic
carryout bags, cleaning up the litter caused by plastic carryout
bags, and encouraging the reduction of the use of plastic carryout
bags.
(2) The imposition of the fee would not result in the imposition
of a tax within the meaning of Article XIII A of the California
Constitution because the amount and nature of the fee have a fair and
reasonable relationship to the environmental, public health, and
societal burdens imposed by the use of plastic carryout bags, and
there is a sufficient nexus between the fees imposed and the use of
those fees to support programs to prevent the littering of plastic
carryout bags, cleaning up the litter caused by plastic carryout
bags, and encouraging the reduction of the use of plastic carryout
bags.
(b) It is the intent of the Legislature that the fee that is
imposed pursuant to Section 42252.6 of the Public Resources Code be
consistent with Sinclair Paint Co. v. State Bd. of Equalization
(1997) 15 Cal.4th 866.
SEC. 2. Section 42250 of the Public Resources Code is amended to
read:
42250. For purposes of this chapter, the following definitions
shall apply:
(a) (1) Notwithstanding Section 40124, "diversion rate" means a
percentage calculated using the sum of the following amounts:
(A) The base year consumption, minus the reporting year
consumption, divided by the base year consumption.
(B) The amount of plastic carryout bags recycled during the
reporting year, divided by the base year consumption.
(2) "Base year consumption" means the amount of plastic carryout
bags provided to consumers during the 2007-08 fiscal year, based on
the data reported to the board pursuant to Section 42252 and as
determined in accordance with subdivision (d) of Section 42252.5.
(3) "Reporting year consumption" is the amount of plastic carryout
bags provided to consumers during a specified fiscal year, based on
data reported to the board pursuant to Section 42252 and as
determined in accordance with subdivision (d) of Section 42252.5.
(b)
(a) "Fund" means the California Plastic Carryout Bag
Impact Fund created pursuant to Section 42252.6.
(c)
(b) "Litter" means the litter resulting from the
improper disposal of plastic carryout bags.
(d)
(c) "Manufacturer" means the producer of a plastic
carryout bag sold to a store.
(e)
(d) "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.
(f)
(e) "Plastic carryout bag" means a plastic carryout bag
provided by a store to a customer at the point of sale.
(g)
(f) "Plastic carryout bag impact fee" means the fee
imposed pursuant to Section 42252.6.
(h)
(g) "Reusable bag" means either of the following:
(1) A bag that has handles and is made of cloth or other machine
washable fabric.
(2) A durable plastic bag that has handles and at least 2.25 mils
thick and is specifically designed and manufactured for multiple
reuse.
(i)
(h) "Source reduction" means a decrease in the use of
plastic carryout bags.
(j)
(i) "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. 3. 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) Each plastic carryout bag provided by the store shall have
printed or displayed on the bag, in a manner visible to a consumer,
both of the following:
(1) The words "PLEASE RETURN TO A PARTICIPATING STORE FOR
RECYCLING."
(2) On and after July 1, 2009, an environmental awareness message
developed by the board pursuant to Section 42252.4, describing the
negative impacts on the environment and wildlife caused by littered
plastic carryout bags and encouraging the use of reusable bags.
(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 operator of the store shall make reusable bags 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 not applicable to a retail establishment specified pursuant to
subdivision (b) of Section 42251.
SEC. 4. Section 42252.4 is added to the Public Resources Code, to
read:
42252.4. On or before July 1, 2009, the board shall develop an
environmental awareness message, for purposes of paragraph (2) of
subdivision (a) of Section 42252, in consultation with
representatives of the League of California Cities, the California
State Association of Counties, manufacturers, operators, the
California Grocers Association, environmental organizations, and
other interested stakeholders.
SEC. 5. Section 42252.5 is added to the Public
Resources Code, to read:
42252.5. (a) On and after July 1, 2010, except as provided in
subdivision (b), the operator of a store shall not provide a plastic
carryout bag to a customer unless the operator demonstrates that the
store has achieved a diversion rate of not less than 30 percent for
the 12-month period ending June 30, 2010, and for the 12-month period
commencing annually thereafter, as compared to the 12-month period
ending June 30, 2008.
(b) On and after July 1, 2013, the operator of a store shall not
provide a plastic carryout bag to a customer unless the operator
demonstrates that the store has achieved a diversion rate of not less
than 65 percent for the 12-month period ending June 30, 2013, and
annually thereafter, as compared to the 12-month period ending June
30, 2008.
(c) The operator of a store may comply with this section by
reducing the quantity of plastic carryout bags provided by the store,
by increasing the quantity of plastic carryout bags recycled at that
store, or by taking any other action to achieve the diversion rate
required by this section.
(d) The operator of a store may demonstrate compliance with the
diversion rate requirements of this section by using any of the
following means of quantifying the amount of plastic carryout bags
provided to consumers and the amount of plastic carryout bags
recycled:
(1) The amount of plastic carryout bags provided and the amount of
plastic carryout bags recycled for an individual store.
(2) The amount of plastic carryout bags provided and the amount of
plastic carryout bags recycled for a chain of stores.
(3) The amount of plastic carryout bags provided and the amount of
plastic carryout bags recycled within a city, county, or specified
region of the state.
(4) The amount of plastic carryout bags provided and the amount of
plastic carryout bags recycled for the state.
SEC. 6. SEC. 5. Section 42252.6 is
added to the Public Resources Code, to read:
42252.6. (a) On and after July 1, 2009, a person who is provided
a plastic carryout bag by a store shall pay the store a plastic
carryout bag impact fee of twenty-five cents ($0.25) per bag.
(1) The plastic carryout bag impact fee imposed pursuant to
subdivision (a) shall be separately stated by the store on the
receipt given to the customer at the time of sale.
(2) The store shall collect the plastic carryout bag impact fee
from the customer at the time of sale and may retain 3 percent of the
fee as reimbursement for any costs associated with the collection of
the fee. The store shall remit the remainder to the board on a
quarterly schedule for deposit in the California Plastic Carryout Bag
Impact Fund, which is hereby created in the State Treasury.
(b) The moneys deposited in the fund may be expended by the board,
upon appropriation by the Legislature, for the following purposes:
(1) The board may expend not more than 3 percent of the total
annual revenue deposited in the fund as reimbursement for the board's
costs of collection, auditing, and making refunds associated with
the fund.
(2) The board may expend the remaining moneys in the fund to make
payments to counties and cities for litter prevention, litter cleanup
activities, and source reduction efforts related to plastic carryout
bags on a per capita basis for those activities, in accordance with
all of the following:
(A) The payments made pursuant to this paragraph may not be
expended for activities unrelated to litter prevention, litter
cleanup activities, or source reduction efforts related to plastic
carryout bags.
(B) To receive funds pursuant to this section, a city or county
shall fill out and return a funding request form to the board. The
form shall specify the litter prevention, litter cleanup activities,
or source reduction efforts related to plastic carryout bags for
which the funds will be used.
(C) The board shall annually prepare and distribute a funding
request form to each city and county. The form shall specify the
amount of funds available for litter prevention, litter cleanup
activities, and source reduction efforts related to plastic carryout
bags for which the jurisdiction is eligible. The form shall not
exceed one double-sided page in length, and may be submitted
electronically. If a city or county does not return the funding
request form within 120 days of receipt of the form from the board,
the city or county is not eligible to receive the funds for that
funding cycle.
(D) For the purposes of this paragraph, per capita population
shall be based on the population of the incorporated area of a city
and the unincorporated area of a county.
SEC. 7. SEC. 6. 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) 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) This section 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) This section does not affect any contract, franchise, permit,
license, or other arrangement regarding the collection or recycling
of solid waste or household hazardous waste.
SEC. 8. SEC. 7. Section 42257 of the
Public Resources Code is repealed.