Status Report on Single-Use Plastic Carryout Bags Prohibition 03-04-14

8/12/2019 Status Report on Single-Use Plastic Carryout Bags Prohibition 03-04-14

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CITYOF CARMEL-BY-THE-SEA

Council Report

March 4 2014

To: Honorable ayor and Members of the City Council

From: Jason Stilwell, City Administrator

Submitted by : Rob Mullane, AICP Community Planning and Building Director

Subject : Status Report on Single-Use Plastic Carryout Bags Prohibition

Recommendation: Receive a status report on implementation of the City s Single-Use Plastic

Carryout Bags Ordinance.

Executive Summary : On July 3 2012, the City Council adopted an ord inance (Ordinance 2012-

04) that prohibited single-use plastic carryout bags with lim ited

exceptions. The new carryout bag regulations have been in effect since

February 3 2013. The Council requested that staff report back to the

Council at approximately the one-year mark with a status report . Several

other local jurisdictions in our area either have or are deve loping similar

bans on single-use plastic ba gs and the State Legislature is considering a

State-wide ban.

Analysis Discussion: Ordinance 2012-04 established a new chapter in Title 8 of the City s

Municipal Code: Chapter 8.74. Single-Use Plastic Carryout Bags. This

chapter is included as Attachment A. The new regulations adopted on

July 3 2012:

Eliminated the use of single-use plastic bags by retail

establishments with some exceptions; and

Encouraged the use of reusable bag s

In deliberating the Ordinance in 2012, the Council considered butul t imately d id not include a requirement to charge a small fee for each

paper bag distributed. The fee was to encourage customers to br ing their

own reu sable bags or decline a bag altoget her. The inclu sion of a fee was

controversial, and ultimately, the City Council omitted a paper bag fee

component.

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Alternatives

In the adoption hearing on July 3, 2012, the Council identified three areaswhere the effectiveness of the Ordinance could be measured. These

three measures of effectiveness were:

the type of bags that the City's businesses are using

the type of bags that customers are using

the type of bags that are being collected on the beach

ompliance nd Effectiveness

Compliance with the prohibition on single-use plastic carryout bags hasbeen very good , with City staff receiving very few complaints of non

compliance .

Members from Save our Shores have collected data on the effectivenessof the ordinance to encourage use of reusable bags and have expressed a

desire for the City Council to revisit the per-bag fee component. Recent

correspondence from Save our Shores including a comparative pre-ban

a nd post-ban analys is of the frequency that shoppers in Carmel use

reusable bags or no bags is provided as ttachment B.

Legislature t the Local nd State Level

Several other local jurisdict ions including many in Monterey and Santa

Cruz Counties have similar bans on single-use plastic carryout bags. Most

of these local bans do require that merchants charge a per-bag fee . In

addition, the State Legislature is working on a potential State -wide singleuse plastic carryout bag ban SB 270, Padilla) . The current vers ion of this

legislation , which is included as ttachment C, would require a 0.10 per

bag fee.

The current version of SB 270 would allow cities and counties with local

plastic bag ordinances that were adopted prior to September 2014 to

continue to enforce these local ordinances. However, any modif icat ions

to such a local ordinance after September 1, 2014 would need to be

consistent with the new legislation, if passed. The per tinent section thatdiscusses preemption is Section 42287 c).

The Council could direct staff to bring forth an ordinance amendment for

revisions to the ex isting ordinance . This wou ld need to be adopted prior

to September 1, 2014, in order for the City to avoid pre-emption by any

new State legislation . Should this a lternative be selected, it would enta il

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Fiscal Impact:

a new unanticipated undertaking requiring staff and public outreachefforts .

There are no significant costs with monitoring the compliance with this

ordinance. Reports of non-compliance are rare and are investigated aspart of the normal workload of Code Compliance staff . Should the

Council direct staff to revise the Ordinance, this could be included as anadditional activity of the City. Additional CEQA analysis may be required,

however, and the cost of this environmental analysis is unknown but

likely would be approximately 10,000 or less.Previous Council

Action Decision History:

Attachments:

The City Council adopted Ordinance 2012-04 on July 3, 2012. There was

also a Council workshop related to possible alternatives to a mandatory

ban on single-use plastic carryout bags on July 2 2012 .

Attachment Single-Use Plastic Carryout Bags Ordinance

Attachment B Recent Correspondence from Save our Shores regarding the Ordinance

Attachment C Current Version of SB 270

Reviewed by

City d m i n i s t r t o r City Attorney D Administrative ServicesAsst. City Admin. D Dir of CPB [fZ t\ Dir of Public Svcs DPublic Safety Dir D Library Dir D Other D

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ttachment A

Chapter 8 74SINGLE USE PLASTIC CARRYOUT BAGS

Sections:

8 .74 .010 Purpose .

8 .74 .020 Definitions .

8 .7 4 .030 Applicability.

8 .74.040 Exemption.

8 .7 4 .050 Enforcement.

~ ~ ~: 1q P I Jr ~ ~ ~ :. . . . . .The production and disposal of single-use plastic bags cause significant environmental

impacts including contamination of the environment, the deaths of marine animalsthrough ingestion and entanglement, and widespread litter. The purpose of this chapter

is to protect , conserve and enhance the City 's unique natural beauty and irreplaceable

natural resources through the elimination of single-use plastic carryout bags and by

encouraging the use of reusable bags. The ordinance codified in this chapter shall

become effective six months after the effective date of adoption . (Ord. 2012-04 (Exh . A),

2012).

8 .74.020 Definitions.A. A single-use plastic carryout bag is defined as a plastic bag provided at the check

stand, cash register, point of sale, or other point of departure for the purpose of

transporting food or merchandise out of the establishment. Single-use plastic carryout

bags do not include bags, a maximum of 11 inches by 17 inches, without handles

provided to the customer (1) to transport produce, bulk food, candy or meat from a

product, bulk food or meat department within a store to the point of sale; (2) to hold

prescription medication dispensed from a pharmacy; or (3) to segregate food or

merchandise that could damage or contaminate other food or merchandise when placedtogether in a bag.

B A reusable bag is defined as a bag with handles that is specifically designed and

manufactured for multiple reuse and is either: (1) made of cloth or other machine


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8 74 050 En f orcemen t

Violations of this chapter may be enforced with this section.

A The City Administrator , or his/her des ignee, shall be responsible for enforcing th is

chapter and shall have authority to issue citations for violations.

B. Anyone violating or failing to comply with any of the requirements of this chapter shall

be guilty of an infraction.

C . The City Attorney may seek legal, injunctive, or other relief to enforce the provisionsof this chapter.

D The remedies and pena lties provided in this chapter are cumulative and not

exclusive of one another.

E. Violations of this chapter shall be enforced as follows :

1. For the first violation, City Administ rato r or designee shall issue a written

warning specifying that a violation of this chapter has occurred and which

further notifies the retail establishment of appropriate penalt ies to be

assessed in the event of future violations . The establishment will have 30

days to comply.

2. The following penalties will apply for subsequent violations of this

chapter :

a A fine not exceeding 100 .00 for the first violation 3 days after the

first warning.

b A fine not exceeding 200 .00 for the second violation 60 days after

the first warning .

c . f not in compliance 90 days after the first warning, the establishment

may be scheduled for a business license revocation hea ring with the

Planning Commission in accordance with CMC 5 .12 .040 . Ord. 2012- 4 Exh . A), 2012) .

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Attachment B

Rob Mullane

From:Sent:To:Cc:Subject:Attachments:

HI Rob,

Brad Hunt [[email protected]]Thursday, February 20, 2014 5:03PMRob Mullanelaura KasaSOS Carmel b g survey data

Cannel Bag ban data_SOS_CCSA.pdf

RECEIVED

FE 2 0 2 14City of carme l-by-the-seaPlanning & Build ing Dept.

I have attached our bag ban survey data for you to use for your staff report. We have found in cities/counties wherethere is a fee of 5 cents (Capitola/ Santa Cruz County) there has been a compliance of 84 -89 of reusable bag us orpeople opting not to take a bag at all bag .

We have also seen that possible inadequate education and outreach and follow up with businesses has resulted ininconsistencies in fees and types of bags provided to customers from store to store in some areas.Another issue we discovered with several ordinances is that there was no fee on the thicker 2.25 mil plastic bags, only a

fee on paper, so the thicker plastic bags could be providedfor

free . We are recommending that all typesof

bags betreated equally and are charged the same minimum fee.

The intent of these ordinances is to change behavior and have consumers shift to truly reusable bags and not replaceone bag with another be It paper or thicker plastic so charging a fee for one and not the other does not give us thedesired result.

Please feel free to contact me i f you have any questions.

Best regards,

Brad Hunt

Program ManagerSave Our ShoresTel: 831.462.5660 X 5Fax: 831.462.6070

Web sit e 1 Facebook 1 Twitter

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Save Our Shores and the Central Coast Sanctuary Alliance Pre and Post bag ban ordinance data for the City of Carmel

Total ofo f o f Total of shoppers

shoppers shoppers shoppers usingusing using using reusablepaper plastic single- bags or no Total of

Date Store Name Start t ime Duration bags bags use bags bag shoppers

8/28 / 2012 Niel s ons noon 1 hour 22 47 69 32 101

8/28 / 2012 Brunos noon 1 hour 3 77 80 0 80

8/28/2012 Carmel Plaza noon 1 hour 34 10 44 4 48

Laub's country8/28 / 2012 store noon 1 hour 10 1 11 1 12

Endless8/28/2012 Carmel noon 1 hour 0 2 2 0 2

1/22/2013 Brunos 16:00 1 hour 31 0 31 25 561/22 / 2013 Nielsons 16 :00 1 hour 4 15 19 7 26

Intersection ofOcean and San

1/23/2013 Carlos 16:00 1 hour 53 13 66 7 73

1/25 / 2013 Brunos 12 :00 1 hour 43 0 43 7 114

1/26 / 2013 Nielsons 13 :30 1 hour 1 11 12 10 22

TOTALS before plastic ban 377 157 534

2/22/2013 Carmel Plaza* 12 :30 1 hour 36 2 38 0 38

2/22/2013 Nielsons 17:10 1 hour 31 0 31 14 45

2/23/2013 Carmel Plaza 10:00 1 hour 30 1 31 0 31

2/24 / 2013 Brunos 10:00 1 hour 31 4 35 2 37

2/26 / 2013 Nielsons 9 :30 1 hour 10 10 14 24

sh

reba


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Save Our Shores and the Central Coast Sanctuary Alliance Pre and Post bag ban ordinance data for the City of Carmel

6 2 2013 Nielsons 9 :00 1 hour 3 0 3 3 16

6/3/2013 Brunos 12:25 1 hour 84 0 84 47 1311 hour

6 4 2013 Nielsons 12:30 19 0 19 12 31

6 4 / 2013 Brunos 17:40 1 hour 35 0 35 22 576 4 / 2013 Carmel Plaza 16:45 1 hour 46 0 46 6 52

The Club &6 7 / 2013 Lloyd's 14:30 1 hour 13 0 13 0 13

Carmel6/7/2013 Forecast 14:30 1 hour 0 21 21 1 22

TOT LS after plas t ic bag ban with no fee 366 3 497


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ttachment C

BILL NUMBER: SB 270 AMENDEDBILL TEXT

AMENDED IN ASSEMBLY FEBRUARY 6 2014

INTRODUCED BY Senator Padilla

Senators Padilla , De Leon , andLara

FEBRUARY 14 , 2013

An act to add Section 106.5 to the Labor Code relatingto employment. An act to add Chapter 5.3 (commencingwith Section 42280 to Part 3 of Division 30 of the Public ResourcesCode relating to solid waste and making an appropriation therefor.

LEGISLATIVE COUNSEL 'S DIGEST

SB 270 as amended, Padilla. Underground economy:enforcement actions. Solid waste: single-use carryoutbags.

(1) Existing law, until2020, requires an operator of a store asdefined, to establish an at-store recycling program that provides tocustomers the opportunity to return clean plastic carryout bags tothat store .

This bill as of July 1 2015, would prohibit stores that have aspecified amount of sales in dollars or retail floor space fromproviding a single-use carryout bag to a customer, with specifiedexceptions. The bill would also prohibit a store from selling ordistributing a recycled paper bag at the point of sale unless thestore makes that bag available for purchase for not less than 0.10 .The bill would also allow such a store on or after July 1 2015, todistribute compostable bags at the point of sale only injurisdictions that meet specified requirements and at a cost of notless than 0.10. The bill would require these stores to meet otherspecified requirements on and after July 1, 2015, regarding providingreusable grocery bags to customers , including distributing those

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bags only t a cost of not less th n 0.10.The bilt on nd fter July 1, 2016, would additionally impose

these prohibitions and requirements on convenience food stores,food marts, and entities engaged in the sale of a limited line of

goods,or

goods intendedto

be consumed off premises, andth t

hold aspecified license with regard to alcoholic beverages.The bill would allow a retail establishment to voluntarily comply

with these requirements, ifthe retail establishmen t notifies thedep rtment nd pays a registration fee established by the department.

The bill would require the oper tor of a store th t has aspecified mount of sales in dollars or retail floor space, inaddition to complying with existing requirements, to establish anat-store recycling progr m th t provides n opportunity for customers

to return to the store clean polyethylene, polypropylene, andpolyethylene terephth l te bags, including requiring those bags th tre provided by the store to display a specified notice and providing

for the placement of collection bins in a specified manner.

The bill would require certain stores selling a reusable grocerybag on and after July 1 2015, to a customer t the point of sale tomeet specified requirements with regard to the bag's durability,material, labeling, heavy metal content, and with regard to reusablegrocery bags m de from plastic on and after January 1 2016,

recycled material conten t . The bill would impose these requirementsas of July 1, 2016, on the stores th t re otherwise subject to thebill's requirements.

The bill would prohibit a producer of reusable grocery bags madefrom specified plastics from selling or distributing those bags onand after January 1, 2016, unless the producer is certified by theDepartment of Resources Recycling and Recovery. The bill wouldrequire the application for certification to include specifiedinformation th t verifies the incorporation of clean postconsumerrecycled material. The bill would also authorize a supplier of

postconsumer recycled material to a producer of those bags to applyto the dep rtment for certification as a supplier of material. Thebill would specify a procedure for a person to submit a writtenrequest to the dep rtment objecting to approval of a certificationand for the holding of a hearing regarding th t approval.

The dep rtment would be authorized to suspend or revoke acertification under specified circumstances nd would be required to


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publish on its Internet Web site a list of certified reusable grocerybag producers and suppliers and reusable grocery bags that complywith the requirements of the bill. The bill would require thedepartment to establish a certification fee schedule to cover thedepartment s costs to implement these requirements, which a reusablegrocery bag producer or suppl ier applying for certification would berequired to pay. The bill would also require a reusable grocery bagproducer to submit specified laboratory test results to thedepartment.

A violation of these requirements would be subject to anadministrative civil penalty assessed by the department. Thedepartment would be required to deposit these penalties into theReusable Bag Account, which would be created in the Integrated WasteManagement Fund, for expenditure by the department, upon

appropriation by the Legislature, to implement those requirements.

The bill would allow a city, county, or city and county, orthe state to impose civil penalt ies for a violation of the bill srequirements, except as specified. The bill would require these civilpenalties to be paid to the office of the city attorney, cityprosecutor, district attorney, or Attorney General, whichever officebrought the action, and would allow the penalties collected by theAttorney General to be expended by the Attorney General, uponappropriation by the Legislature, to enforce the bill s provisions.

The bill would provide that these remedies are not exclusive, asspecified.The bill would declare that it occupies the whole field of the

regulation of reusable grocery bags, single-use carryout bags, andrecycled paper bags and would prohibit a local public agency fromenforcing or implementing an ordinance, resolution, regulation, orrule adopted on or after September 1 2014, relating to those bags,against a store unless expressly authorized . The bill would allow alocal public agency that has adopted such an ordinance, resolution,regulation, or rule prior to September 1 2014, to continue to

enforce and implement that ordinance, resolution, regulation, orrule, and would preempt any amendments to that ordinance, resolution,regulation, or rule, except that the bill would allow a local publicagency to adopt or amend an ordinance, resolution, regulation, orrule sett ing a price for a recycled paper bag, compostable bag orreusable grocery bag.

(2) The California Integrated Waste Management Act of 1989 creates

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the Recycling Market Development Revolving Loan Subaccount in theIntegrated Waste Management Account and continuously appropriates thefunds deposited in the subaccount to the department for making loansfor the purposes of the Recycling Market Development Revolving Loan

Program. Existing law makes the p rovisions regarding the loanprogram, the creation of the subaccount, and exp enditures therefrominoperativ e on July 1, 2021, and repeals them as ofJanuary 1, 2022.

This bill would appropriate 2,000 ,000 from the Recycling MarketDevelopment Revolving Loan Subaccount in the Integrated WasteManagement Account to the department for the purposes of providingloans and grants for the creation and retention of jobs and economicactivity in California for the manufacture and recycling of plasticreusable grocery bags that use recycled con tent. The bill would

require a recipient of a grant to agree, as a condition of receivinga grant, to take specified actions.Existing law establishes the Joint Enforcement Strike Force on the

Underground Eco nomy to combat tmc violations and cash pay employmentand to report to the Legislature on the underground economy by June30 of each year. The Department of Industrial Relations establishedthe Labor Enforcement Task Force to help to eliminate the undergroundeconomy by ensuring that employers do not violate wage, hour, andsafety laws by illegally hiring workers .

This bill would require, to the extent feasible, agencies

participating in either of these groups to coordinate their lawenfo r cement activities and to mcchange information between themregarding these activities.

Vote: majority. Appropriation: n e yes. Fiscal committee: yes. State-mandated local program: no .

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

SECTION 1. Chapter 5.3 (commencing with Section

42280 is added to Part 3 of Division 30 of the PublicResources Code to read:

CHAPTER 5.3. SINGLE USE CARRYOUT BAGS

Article 1. Definitions

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42280. (a) Department means the Department of ResourcesRecycling nd Recovery.

(b) Postconsumer recycled material means a material th t wouldotherwise be destined for solid waste disposal, having completed itsintended end use and product life cycle. Postconsumer recycledmaterial does not include materials and byproducts generated from,

nd commonly reused within, an original manufacturing and fabricationprocess.

(c) Recycled p per bag means a p per carryout bag provided by astore to a customer t the point of sale th t meets all of thefollowing requirements:

(1) A) Except as provided in subp r gr ph (B), contains a minimum

of 40 percent postconsumer recycled materials .B) An eight pound or smaller recycled p per bag shall contain aminimum of 20 percent postconsumer recycled material.

(2) Is accepted for recycling in curbside programs in a majorityof households th t have access to curbside recycling programs in thestate.

(3) Has printed on the bag the name of the manufacturer, thecountry where the bag w s manufactured, and the minimum percentage ofpostconsumer content.

(d) Reusable grocery bag means a bag th t is provided by a store

to a customer t the point of sale th t meets the requirements ofSection 42281.(e) (1) Reusable grocery bag producer means a person or entity

th t does ny of the following:A) Manufactures reusable grocery bags for sale or distribution to

a store.B) Imports reusable grocery bags into this state, for sale or

distribution to a store.C) Sells or distributes reusable bags to a store.

(2) Reusable grocery bag producer does not includ e a store, with

regard to a reusab le grocery bag for which there is a manufactureror importer, as specified in subparagraph A) or (B) of p r gr aph1).

f) (1) Single-use carryout bag means a bag made of plastic,paper, or other material th t is provided by a store to a customer tthe point of sale nd th t is not a recycled p per bag or a reusablegrocery bag th t meets the requirements of Section 42281.

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(2) A single-use carryout bag does not include either of thefollowing:

A) A bag provided by a pharmacy pursuant to Chapter 9 (commencingwith Section 4000) of Division 2 of the Business and ProfessionsCode to a customer purchasing a prescription medication.

B) A nonhandled bag used to protect a purchased item fromdamaging or contaminating other purchased items when placed in arecycled paper bag, a reusable grocery bag, or a compostable plasticba g .

(g) Store means a retail establishment that meets any of thefollowing requirements:

(1) A full-line, self-service retail store with gross annual salesof two million dollars ($2,000,000) or more that sells a line of drygroceries, canned goods, or nonfood items, and some perishable

items.(2) Has at least 10,000 square feet of retail space that generatessales or use tax pursuant to the Bradley-Burns Uniform Local Salesand Use Tax Law Part 1.5 (commencing with Section 7200) of Division2 of the Revenue and Taxat ion Code) and has a pharmacy licensedpursuant to Chapter 9 (commencing with Section 4000) of Division 2 ofthe Business and Profe ss ions Code.

(3) Is a convenience food store, foodmart, or other entity that isengaged in the retail sale of a limited line of goods, generallyincluding milk, bread, soda, and snack foods, and that holds a Type

20 or Type 21license issued by the Department of Alcoholic Beverag eControl.( 4) Is a convenience food store, food mart, or other entity that is

engaged in the retail sale of goods intended to be consumed off thepremises, and that holds a Type 20 or Type 21license issued by theDepartment of Alcoholic Beverage Control.

(5) Is not otherwise subject to paragraph (1 ), (2), (3), or ( 4 ),ifthe retail establishment voluntarily agrees to comply with therequirements imposed upon a store pursuant to this chapter, notifiesth e department of its intent to comply with the requirements imposed

upon a store pursuant to this chapter, and pays the registrat ion feethat may be established pursuant to Section 42284.

Article 2. Reusable Grocery Bags

42281. (a) On and after July 1, 2015, a store as defined in

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percent postconsumer recycled material ,2) On and after January 1, 2020 be made from a minimum of 4

percent postconsumer recycled material.3) All postconsumer recycled material shall be cleaned using

washing equipment specifically designed for that purpose .4) In addition to the information required to be printed on the

bag or on a tag pursuant to paragraph 4) of subdivision a), astatement that the bag is made partly or wholly from postconsumermaterial, as applicable, as well as stating the percentage.

c) A plastic reusable grocery bag that also meets thespecifications of the American Society of Testing and MaterialsASTM) Standard Specification for Compostable Plastics D6400, as

published in September 2004, is not required to meet the requirementsof paragraph 1) or 2) of subdivision b). but shall be labeled in

accordance with the applicable state law regarding compostableplastics.d) On and after July 1, 2016, a store as defined in paragraph 3)

or 4) of subdivision g) of Section 42280, shall comply with therequirements of this section.

42281.5. a) On and after January 1. 2016, a producer ofpolyethylene, polypropylene, or polyethylene terephthalate reusablegrocery bags shall not sell or distribute a reusable grocery bag inthis state unless the producer is certified by the departmentpursuant to this section. Certification shall require that the

reusable grocery bags sold by the producer comply with therequirements of Section 42281. The application for certificationsubmitted by the producer shall verify the incorporation of cleanedpostconsumer recycled material into bags, as required by paragraphs1), 2), and 3) of subdivision b) of Section 42281, and shall

include all of the following:1) Names, locations, and contact information of all sources and

suppliers of postconsumer recycled material. Except as provided insubdivision c), the supplier shall be certified by the department asa post-consumer recycled material supplier pursuant to subdivision

b).2) Quantity and dates of postconsumer recycled material purchases

by the reusable bag producer.3) Any other information that the department may require to

enable verification of the information provided in the application.b) A supplier of material to a producer of polyethylene,

polypropylene, or polyethylene terephthalate reusable grocery bags

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may apply to the department for certification as a supplier ofmaterial. The application for certificat ion shall verify the methodsof collecting and processing the postconsumer recycled material,including all of the following:

1) How the postconsumer material is obtained.2) Washing eq uipment, including the name of the maker, model ,

description, photographs, and exact locations of the equipment.3) Any other information that the department may require to

enable verification of the information provided in the application.c) If a reusable grocery bag producer obtains postconsumer

recycled material without an intermediate supplier, the reusablegrocery bag producer is not required to provide, in its application,the information regarding the certification of a supplier pursuant tosubdivision b), but shall provide the department with the same

information otherwise required under paragraphs 1) to 3),inclusive of subd ivis ion b) .d) The department shall provide a system to submit applications

for certification online.e) The department shall post on its nternet Web site 90 days

written notice of its intention to approve or disapprove acertification application submitted pursuant to subdivision a) orb) , including it s proposed decision, and shall invite public

comments. The notice shall include copies of all documents submittedin support of the application, with pricing information removed . The

department may respond to any public comments submitted in writing.The department shall issue a written ruling on the application,stating its reasons and fully expla ining its responses to anyobjections.

t) 1) A person may object to a proposed approva l of acertification on the grounds that the application for certificationof the reusable grocery bag producer or supplier did not comply withthe requirements imposed pursuant to this section, including theverification of postconsumer recycled material, by submitting awritten request to the department.

2) Upon receiving a writt en request pursuant to paragraph 1),the department shall hold a public hearing before approving theapplication.

3) Aft er holding a hearing pursuant to paragraph 2), thedepartment shall issue a writt en ruling on th e application, statingits reasons and fully explaining its response to a ny objections inthe written request.


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4) A person objecting to the department s approval ofcertification, following a hear ing conducted pursuant to paragraph2), may file an action for review of that approval in the superior

court of Sacramento County within 90 days of the ruling . The courtshall make its own independent findings on whether the department, inapproving the application for certification, obtained verifiedevidence of postconsumer material, and may consider evidence that wasnot submitted to the department.

g) The department may suspe nd or revoke a cert ification of areusable grocery bag producer or supplier upon 90 days wri tten noticeif the department receives a complaint supported by substantial andcredible evidence that the reusable grocery bags distributed by theproducer do not comply with the requirements of Section 42281 or thatthe supplier is not in compliance with the information supplied in

the application for certification.h) On and after Janua ry 1, 2016, the department shall publish alist on its Internet Web site that includes all of the following:

1) The name, location, and contact information of all certifiedreusable grocery bag producers and all certified post -consumerrecycled material suppliers.

2) The reusable grocery bags distributed by a reusable grocerybag producer certified by the department.

42282. a) Upon request by the department, a reusable grocery bagproducer shall submit laboratory test results from independent,

accredited ISO /IEC 17025) laboratories to the department confirmingthat the reusable grocery bag meets the requirements of Section 42281for each type of reusable grocery bag that is manufactured,imported, sold, or distributed in the state and provided to a storefor sale or distribution.

b) The department may test any reusable grocery bag manufacturedby a reusable grocery bag producer and provided to a store for sa leor distribution for compliance with this article and the regulationsadopted pursuant to this art icle.

c) The department may inspect a nd audit a certified reusable

grocery bag producer subject to this article to ensure continuingcompliance with Section 42281. All costs associated with the auditshall be paid by the reusable grocery bag producer.

d) Th e department may enter into an agreement with other stateen titie s that conduct inspections to provide necessary enforcement ofthis article.

42282.1. a) A reusable grocery bag producer or suppl ier shall

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submit the fee establ ished pursuant to subdivision (b) to thedepartment when making an application for certification.

(b) The department shall establish a cert ification fee schedulethat will generate fee revenues sufficient to cover, but not exceed,the department s reasonable costs to impl ement and enforce thisarticle. The department may expend the fees collecte d pursuant tothis section, upon appropriation by the Legislature, to carry outthis article.

42282 .2. (a) Notwithstanding Section 42285, a violation of thisarticle shall be subject to an administrative civil penalty assessedby the department in an amount not to exceed five hundred dollars( 500) for the first violation. A subsequent violation is subject toa penalty of up to five hundred dollars ( 500) per prior violation,not to exceed five thousand dollars ( 5,000) per violation.

(b)On and after

January1

2016, astore

in violationof

Section42281 shall remove from the point of sale any reusable grocery bagsmade from polyethylene, polypropylene, or polyethylene terephthalatethat were not distributed or sold by a certified reusable grocery bagproducer pursuant to Section 42282 within seven days after the storereceives notification of the violation.

42282.3. The department shall deposit all penalties collectedpursuant to subdivision (a) of Section 42282.1 for a violation ofthis article into the Reusable Bag Account, which is hereby createdin the Integrated Waste Management Fund. The moneys in the Reusable

Bag Account sh a ll be expended by the department, upon appropriationby the Legislature, to assist the department with its costs ofimplementing this article.

Article 3. Single-Use Carryout Bags

42283. (a) Except as provided in subdivisions (d) and (e), on andafter July 1, 2015, a store as defined in paragraph (1) or (2) ofsubdivision (g) of Section 42280, sha ll not provide a single-use

carryout bag to a customer at the point of sale .(b) (1) On and after July 1, 2015, a store sh a ll not sell ordistribute a reusable grocery bag at the point of sa le except asprovided in this subdivision.

(2) On and after July 1, 2015, a store may make available forpurchase at the point of sa le a reusable grocery bag that meets therequirements of Section 42281.


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(3) On and after July 1, 2015, a store that makes reusable grocerybags available for purchase pursuant to paragraph (2) shall not sellthe reu sable grocery bag for less than ten cents ( 0.10) in order toensure that the cost of providing a reusable grocery bag is notsubsidized by a customer who does not require that bag .

(c) (1) On and after July 1, 2015, a store shall not sell ordistribute a recycled paper bag except as provided in thissubdivision.

(2) store may make available for purchase a recycled paper bag.On and after July 1, 2015, the store shall not sell a recycled paperbag for less th an ten cents ( 0 .10) in order to ensure that the costof providing a recycled paper bag is not subsidized by a consumer whodoes not require that bag.

(d) Notw ithstanding any other law, on and after July 1, 2015, astore that makes reusable grocery bags or recycled paper bagsavailable for purchase at the point of sale shall provide a customerparticipating in the California Special Supplemental Food Program forWomen , Infants, and Children pursuant to Article 2 (commencing withSection 123275) of Chapter 1 of Part 2 of Division 106 of the Healthand Safety Code and a customer participat ing in the Supplemental FoodProgram pursuant to Chapter 10 (commencing with Section 15500) ofPart 3 of Division 9 of the Welfare and Institutions Code with areusable grocery bag or a recycled paper bag at no cost at the pointof sale.

(e) On and after July 1, 2015, a store may distribute acompostable bag at the point of sale, if the compostab le bag isprovided to the consumer at the cost specified pursuant to paragraph(2) , the compostable bag, at a minimum, meets the American Societyfor Testing and Materials ASTM) Standard Specification forCompostable Plastics 06400 and in the jurisdiction where thecompostab le bag is sold and in the jurisdiction where the store islocated, both of the following requirements are met:

(1) majority of the residential households in the jurisdictionhave access to curbside collection of foodwaste for com posting.

(2) The governing authority for the jurisdiction has voted toallow stores in the jurisdiction to sell to a consumers at the pointof sale a compostable bag at a cost not less than the actual cost ofthe bag, which the Legislature hereby finds to be not less than tencents ( 0.10) per bag.

(f) store shall not require a customer to use, purchase, oraccept a single-use carryout bag, recycled paper bag, compostable

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bag or reusable grocery bag as a condition of sale of any product.42283.5. On and after July 1, 2016, a store, as defined in

paragraph (3) or (4) of subdivision (g) of Section 42280, shallcomp ly with the same requirements of Section 42283 that are imposedupon a store as defined in paragraph (1) or (2) of subdivision (g)of Section 42880.

42283.6. The operator of a store as defined in paragraph (1) or(2) of subdivision (g) of Section 42280 shall, in addition tocomplying with the requir ements of Chapt er 5.1 (commencing withSection 42250), estab lish an at -store recycling program that providesan opportunity for customers to return to the store a cleanpolyethylene, polypropylene, or polyethylene terephthalate bag,including, but not limited to a sing le-use carryout bag or areusab le grocery bag. The at-store r ecycling program shall include

all of the following:(a) Any polyethylene, polypropylene, and polyethyleneterephthalate bag provided by the store shall have printed ordisplayed on the bag or on a tag in a manner visible to a consumer,and in compliance with Section 42281, the words PLEASE RETURN TO APARTICIPATING STORE FOR RECYCLING.

(b) A collection bin sh a ll be placed at each store and shall bevisible, easily accessible to the consumer , and clearly marked thatthe collection bin is available for the purpose of collecting andrecycling a polyethylene, polypropylene, or polyethylene

terephthalate bag.(c) All polyethylene, polypropylene, or polyethylene terephthalatebags collected by the store pursuant to this section shall becollected, transported, and recycled in a manner that does notconflict with the local jurisdiction s so urce reduction and recyclingelement, pursuant to Chapter 2 (commencing with Section 41000) andChapter 3 (commencing with Section 41300) of Part 2.

(d) A retail estab lishment that elects to comply with this chapte rpursuant to paragraph (5) of subdiv ision (g) of Section 42280 shalles tabli sh an at-store recycling program in accordance with this

section.42284. The department may esta blish a regist ration fee to be paid

by a retail estab lishment that elects to comply with therequirements imposed pursuant to this chapter upon a store pursuantto paragraph (5) of subdivision (g) of Section 42280. The departmentshall set the amount of the fee in an amount that covers the costs tothe department to regulate the fee payer s compliance with this

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chapter. The department may expend the fees pursuant to this section,upon appropriation by the Legislature, to carry out that regulatoryauthority.

Article 4. Enforcement

42285. (a) Except as provided in Section 42282.2, a city, acounty, a city and county, or the state may impose civil liability inthe amount of five hundred dollars ( 500) for the first violation ofthis chapter, one thousand dollars ( 1,000) for the secondviolation, and two thousand dollars ( 2,000) for the third andsubsequent violations.

(b) Any civil penalties collected pursuant to subd ivision (a)

shall be paid to the office of the city attorney, city prosecutor,district attorney, or Attorney General, whichever office brought theaction. The penalties collected pursuant to this section by theAttorney General may be expended by the Attorney General, uponappropriation by the Legislatur e to enforc e this chapter.

(c) The remedies provided by this section shall not be exclusiveand shall be in addition to the remedies that may be availablepursuant to Chapter 5 (commencing with Section 17200 of Part 2 ofDivision 7 of the Business and Professions Code.

Article 5. Preemption

42287 . (a) Except as provided in subdivision (c), this chapter isa matter of statewide interest and concern and is applicableuniformly throughout the state. Accordingly, this chapter occupiesthe whole field of regulation of reusable grocery bags, single- us ecarryout bags, and recycled paper bags, as defined in this chapter.

(b) On and after January 1, 2015, a city, county, or other localpublic agency sh a ll not enforce , or otherwise implement , an

ordinance, resolution, regulation, or rule adopted on or afterSeptember 1 2014, relating to reusable grocery bags, single-usecarryout bags, or recycled paper bags, against a store, as defined inthis chapter, unless expressly authorized by this

chapter.(c) city, county, or other local pu blic agency that has adopted,

prior to September 1 2014, an ord in ance, resolution, regulatio n, or

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rule relating to r eusable grocery ba gs, single-us e carryout bags, orre cycled pa p er bags may continue to enforce and implement thatordinance , resolution, r egulation, or rule that was in effect beforeth at date . Any amendm ents to that ordinance , resolution, regulation ,or rule on or after January 1, 2015, shall b e subj ect to subdivision(b), except any city , county, or ot h er local public agency may adoptor am end an ordinance, resolution, regulation, or rule with r egard tothe amount that a store shall charg e with regard to a recycl ed paperba g compostable bag, or reusable grocery bag .

Article 6. Financial Provisions

42288. (a) Notwithstanding Section 42023.2, the sum of two

million dollars ( 2,000,000) is hereby appropriated from theRecycling Market Development Revolving Loan Subaccount in theIntegrated Waste Management Account to the department for thepurposes of providing loans and grants for the creation and retentionof jobs and economic activity in this state for the manufacture andrecycling of plastic reusable grocery bags that use recycled content,including postconsum er recycled material.

(b) The department shall expend the funds appropriated pursuant tothis section to provide loans and grants for both of the following:

(1) Development and conversion of machinery and facilities for the

manufacture of single-use plastic bags into machinery and facilitiesfor the manufacturer of durable reusable grocery bags that, at aminimum, meet the requirements of Section 42281.

(2) Development of equipment for the manufacture of reusablegrocery bags, that , at a minimum, meet the requirements of Section42281.

(c) recipient of a grant authorized by this section shallagree, as a condition of receiving a grant, to retain and retrainexisting employees for the manufacturing of reusable grocery bagsthat, at a minimum, meet the requirements of Section 42281.

SECTION 1. Section 106.5 is added to the LaborCode, to read:

106.5 . Agencies participating in the Joint Enforcement StrikeForce, establ ished pursuant to Section 329 of the UnemploymentInsurance Code, and the Labor Enforcement Task Force, established bythe department shall, to the degree feasible, coordinate their lav1

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enforcement activities and shall ex change information to bette rcilitate th ir law enforcement activities

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Status Report on Single-Use Plastic Carryout Bags Prohibition 03-04-14

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