HomeMy WebLinkAboutIntergovernmental Relations Committee recommended authorizat 7-, 41�4?C, y4�ar �•�
Dept. ID AD 14-028 Page 1 of 2
Meeting Date:9/2/2014
CITY OF HUNTINGTON BEACH
REQUEST FOR. CITY COUNCIL ACTION
MEETING DATE: 9/2/2014
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Teri Baker, Assistant to the City Manager
SUBJECT: As recommended by the Intergovernmental Relations Committee (IRC),
authorization for the Mayor to sign a letter to Governor Brown requesting a veto
on Senate Bill 270 (Padilla) which would prohibit certain stores from providing
single-use carry out bags
Statement of Issue:
Several cities in California have enacted ordinances prohibiting stores with specified sales or retail
floor space from providing plastic carryout bags to customers (including the City of Huntington
Beach). Senate Bill 270 would create a statewide prohibition of plastic carryout bags to customers
from stores with specified sales or retail floor space. This bill would also prohibit those stores from
selling or distributing a recycled paper bag unless the store makes that bag available for purchase
for not less that $0.10.
Financial Impact:
None by this action.
Recommended Action:
Authorize the Mayor to sign a letter to Governor Brown requesting a veto on Senate Bill 270
(Padilla) which would prohibit certain stores from providing single-use carry out bags.
Alternative Action(s):
Do not authorize the Mayor to sign a letter to the Governor request a veto on Senate Bill 270 and
approve an alternate position.
Analysis:
Existing law requires store operators to establish an at-store recycling program that provides
customers the opportunity to return plastic bag carryout bags to that store. SB 270, as of July 1,
2015, would prohibit those stores that have a specified amount of sales in dollars or retail floor
space from providing a single-use carryout bag to a customer with specified exceptions. This bill
would also prohibit those stores from selling or distributing a recycled paper bag unless the store
makes that bag available for purchase for not less that $0.10.
As of August 25, 2014, SB 270, after a long debate, failed on the Assembly Floor on a 37-33 vote;
however, the measure was granted reconsideration which allows it to be heard again on the Floor.
The City Manager will provide updated information at the Council Meeting.
Item 5. - I xB -100-
Dept. ID AD 14-028 Page 2 of 2
Meeting Date:9/2/2014
At their meeting on August 19, 2014, IRC Committee Members Carchio and Sullivan recommended
that the City Council authorize the Mayor to send a letter to Governor Brown requesting that he veto
SB 270.
Environmental Status:
NA
Strategic Plan Goal:
Enhance quality of life
Attachment(s):
Senate Bill 270 (Padilla)
HB -101- Item S. - 2
AMENDED IN ASSEMBLY AUGUST 18, 2014
AMENDED IN ASSEMBLY MAY 20, 2014
AMENDED IN ASSEMBLY MARCH 27, 2014
AMENDED IN ASSEMBLY FEBRUARY 6, 2014
SENATE BILL No. 270
Introduced by Senators Padilla, De Le6n, and Lara
(Principal coaulhors:Assembly Members Alejo and Dababneh)
(Coauthor:Assembly Member Bonta)
February 14, 2013
An act to add Chapter 5.3 (commencing with Section 42280)to Part
3 of Division 30 of the Public Resources Code, relating to solid waste,
and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 270, as amended, Padilla. Solid waste: single-use carryout bags.
(1) Existing law, until 2020, 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 bill,as of July 1,2015,would prohibit stores that have a specified
amount of sales in dollars or retail floor space from providing a
single-use carryout bag to a customer, with specified exceptions. The
bill would also prohibit those stores from selling or distributing a
recycled paper bag at the point of sale unless the store makes that bag
available for purchase for not less than$0.10.The bill would also allow
those stores, on or after July 1, 2015,to distribute compostable bags at
the point of sale only in jurisdictions that meet specified requirements
and at a cost of not less than $0.10. The bill would require these stores
95
Item 5. - 3 11B -102)-
SB 270 ❑ 2 ❑
to meet other specified requirements on and after July 1,2015,regarding
providing reusable grocery bags to customers, including distributing
those bags only at a cost of not less than $0.10.
The bill, on and after July 1, 2016, would additionally impose these
prohibitions and requirements on convenience food stores, foodmarts,
and entities engaged in the sale of a limited line of goods, or goods
intended to be consumed off premises, and that hold a specified license
with regard to alcoholic beverages.
The bill would allow a retail establishment to voluntarily comply with
these requirements, if the retail establishmentes prodes the
department ❑'ith irre[bcable ❑ritten notice. The bill would require the
department to post on its Internet ❑eb site, organi[bd by county. the
name and physical location of each retail establishment that has elected
to comply with these requirements.
The bill would require the operator of a store that has a specified
amount of sales in dollars or retail floor space and a retail establishment
that voluntarily complies with the requirements of this bill to comply
with the existing at-store recycling program requirements.
The bill would require, on and after July 1, 2015, a reusable grocery
bag sold by certain stores to a customer at the point of sale to be made
by a certified reusable grocery bag producer and to meet specified
requirements with regard to the bag�—s durability, material, labeling,
heavy metal content, and, with regard to reusable grocery bags made
from plastic film on and after January 1,2016,recycled material content.
The bill would impose these requirements as of July 1, 2016, on the
stores that are otherwise subject to the bilks requirements.
The bill would prohibit a producer of reusable grocery bags made
from plastic film from selling or distributing those bags on and after
T 1)A1 6 Eitly =E unless the producer is certified by a
3rd-party certification entity, as specified. The bill would require a
reusable grocery bag producer to provide proof of certification to the
department. The bill would require the department to provide a system
to receive proofs of certification online.
The department would be authori�_�bd to suspend or revoke
required to
publish on its Internet eb site a list of-eefti€re4 reusable grocery bag
Mdueers,producers that ha—_e submitted the re aired eerti[Mtion and
their reusable grocery bags
baB.The bill would require the
department to establisli� an administraliF� certification fee sehedule
9>
1113 -103- Item 5. - 4
❑ ❑❑ SB 270
regttinries schedule, which ould re moire a reusable grocery bag
producer providing proof to the department of certificationWen -be
requitzed or recertiration to pay a ,ee. The bill would reLuir•e that all
moneys submitted to the department pursuant to these ®e proEisions
be deposited into the Deusable ❑rocery Ba❑ DundDDhich -ould be
established by the bill Umd continuously appropriated Or purposes o❑
implementin❑ these proo-o0 certi[cation and Internet ❑eb site
provisions thereby main Dan appropriation Elhe bill Dould also require
a reusable grocery bag producer to submit speeified laboratory
applicable certi Eed test results to the department. The bill would
authoriEe a person to object to a certification of a reusable grocery bag
producer by -1in' an action for
review of that certification in the superior court of a county that has
jurisdiction over the reusable grocery bag producer. -he bill -ould
re Duire the court to determine i Dthe reusable D•ocery baDproducer is
in compliance Dith the pro isions o-1he bill andll?ased on the courtL�
determinationmould re Mire the court to direct the department to either
remo e or retain the reusable D-ocery ba❑producer on its published
❑nYrnet Deb site list
The bill would allow a city. county, or city and county, or the state
to impose civil penalties on a person or entity that knows or reasonably
should have known it is in violation of the bill®requirements. The bill
would require these civil penalties to be paid to the office of the city
attorney, city prosecutor, district attorney, or Attorney General,
whichever office brought the action. and would allow the penalties
collected by the Attorney General to be expended by the Attorney
General, upon appropriation by the Legislature, to enforce the bill:
provisions.
The bill would declare that it occupies the whole field of the regulation
of reusable grocery bags, single-use carryout bags, and recycled paper
bags provided by a store and would prohibit a local public agency from
enforcing or implementing an ordinance.resolution,regulation,or rule,
or any amendment thereto, adopted on or after September 1, 2014,
relating to those bags, against a store, except as provided.
Ehe Cali Ornia _nte�ated-aste Mana moment Act oD=1creates
the Decyclin-l-1ar�t DeEzlopnaent ❑e�lCinD' an Dabaccount in the
❑ntErated Daste Mana�mentAccount and continuously appropriates
the [finds deposited in the subaccount to the department or maDn❑
loans Or the Purposes oIhe -ecyclu7' �Mar�tDe�Zopment ❑ei�lC�n❑
95
Item 5. - 5 1J B -104-
SB 270 ❑ ❑❑
❑ban Pro Dram❑❑Gstin❑laJ n2aLes the proLtsions re❑adin❑the loan
pro-rain'--the creation o❑the subaccouiWland eLpenditures Glom the
subaccount inoperalEe on Imly �-'and repeals them as o❑Zrnuary
❑❑ ❑❑❑❑
This bill would appropriate$2,000,000 from
of the CaliforniaGonstitut o the ❑ecyclin❑ MarC�t De_elopment
lleCbllin❑ roan _--iibaccount in the ;hteG•ated ❑ante Manaainent
Account to the department for the purposes of providing loans of a�yants
for the creation and retention of jobs and economic activity in California
for the manufacture and recycling of plastic reusable grocery bags that
use recycled content. The bill would require a recipient of a-girt-er
loan to agree, as a condition of receiving-tt�ar the loan, to take
specified actions.
( �) Ehe bill ❑ould re[Wre the departmentEho later than March Z
10 pro❑de a status report to the U Js•lature on the implementation
o(the bill�pro Cisions❑
Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.
❑tie people o0'he Date oXaliCvrnia do enact as ColloEly:
1 SECTI❑N 1. Chapter 5.3 (commencing with Section 42280)
2 is added to Part 3 of Division 30 of the Public Resources Code,to
3 read:
4
5 CHAPTER 5.3. SINGLE-USE CARRYOUT BAGS
6
7 Article 1. Definitions
8
9 42280. (a) [Department'-means the Department of Resources
10 Recycling and Recovery.
11 (b) Q'ostconsumer recycled material❑means a material that
12 would otherwise be destined for solid waste disposal, having
13 completed its intended end use and product life cycle.
14 Postconsumer recycled material does not include materials and
15 byproducts generated from, and commonly reused within, an
16 original manufacturing and fabrication process.
95
HB -105- Item 5. - 6
❑ ❑❑ SB 270
1 (c) [Recycled paper bag❑means a paper carryout bag provided
2 by a store to a customer at the point of sale that meets all of the
3 following requirements:
4 (1) (A) Except as provided in subparagraph (B), contains a
5 minimum of 40 percent postconsumer recycled materials.
6 (B) An eight pound or smaller recycled paper bag shall contain
7 a minimum of 20 percent postconsumer recycled material.
8 (2) Is accepted for recycling in curbside programs in a majority
9 of households that have access to curbside recycling programs in
10 the state.
11 (3) Has printed on the bag the name of the manufacturer, the
12 country where the bag was manufactured, and the minimum
1.3 percentage of postconsumer content.
14 (d) [Reusable grocery bag❑means a bag that is provided by a
15 store to a customer at the point of sale that meets the requirements
1.6 of Section 42281.
17 (e) (1) aeusable grocery bag producer--means a person or
18 entity that does any of the following:
19 (A) Manufactures reusable grocery bags for sale or distribution
20 to a store.
21 (B) Imports reusable grocery bags into this state, for sale or
22 distribution to a store.
23 (C) Sells or distributes reusable bags to a store.
24 (2) [Reusable grocery bag producer❑does not include a store,
25 with regard to a reusable grocery bag for which there is a
26 manufacturer or importer,as specified in subparagraph(A)or(B)
27 of paragraph (1).
28 (f) (1) [Single-use carryout bag`:means a bag made of plastic,
29 paper, or other material that is provided by a store to a customer
30 at the point of sale and that is not a recycled paper bag or a reusable
31 grocery bag that meets the requirements of Section 42281.
32 (2) A single-use carryout bag does not include either of the
33 following:
34 (A) A bag provided by a pharmacy pursuant to Chapter 9
35 (commencing with Section 4000) of Division 2 of the Business
36 and Professions Code to a customer purchasing a prescription
37 medication.
38 (B) A nonhandled bag used to protect a purchased item from
39 damaging or contaminating other purchased items when placed in
9;
Item 5. - 7 HB -106-
SB 270 ❑ ❑❑
I a recycled paper bag, a reusable grocery bag, or a compostable
2 plastic bag.
3 (C) A bag provided to contain an unwrapped food item.
4 (D) A nonhandled bag that is designed to be placed over articles
5 of clothing on a hanger.
6 (g) EStore—'means a retail establishment that meets any of the
7 following requirements:
8 (1) A full-line, self-service retail store with gross annual sales
9 of two million dollars($2,000,000) or more that sells a line of dry
10 groceries, canned goods, or nonfood items, and some perishable
I items.
12 (2) Has at least 10.000 square feet of retail space that generates
13 sales or use tax pursuant to the Bradley-Burns Uniform Local Sales
14 and Use Tax Law (Part 1.5 (commencing with Section 7200) of
15 Division 2 of the Revenue and Taxation Code)and has a pharmacy
16 licensed pursuant to Chapter 9 (commencing with Section 4000)
17 of Division 2 of the Business and Professions Code.
18 (3) Is a convenience food store, foodmart, or other entity that
19 is engaged in the retail sale of a limited line of goods, generally
20 including milk,bread, soda,and snack foods,and that holds a Type
21 20 or Type 21 license issued by the Department of Alcoholic
22 Beverage Control.
23 (4) Is a convenience food store, foodmart, or other entity that
24 is engaged in the retail sale of goods intended to be consumed off
25 the premises, and that holds a Type 20 or Type 21 license issued
26 by the Department of Alcoholic Beverage Control.
27 (5) Is not otherwise subject to paragraph (1), (2), (3), or (4), if
28 the retail establishment voluntarily agrees to comply with the
29 requirements imposed upon a store pursuant to this chapter,
30 irreFocably notifies the department of its intent to comply with
31 the requirements imposed upon a store pursuant to this chapter,
32 and complies with the requirements established pursuant to Section
33 42284.
34
35 Article 2. Reusable Grocery Bags
36
37 42281. (a) -n and after July 1, 2015, a store, as defined in
38 paragraph(1) or(2) of subdivision (g) of Section 42280, may sell
39 or distribute a reusable grocery bag to a customer at the point of
40 sale only if the reusable bag is made by a producer certified
9i
HB -107- Item 5. - 8
7 ❑ SB 270
1 pursuant to this article and ems to meet all of the following
2 requirements:
3 (1) Has a handle and is designed for at least 125 uses, as
4 provided in this article.
5 (2) Has a volume capacity of at least 15 liters.
6 (3) Is machine washable or made from a material that can be
7 cleaned and disinfected.
8 (4) Has printed on the bag, or on a tag attached to the bag that
9 is not intended to be removed, and in a manner visible to the
10 consumer, all of the following information:
11 (A) The name of the manufacturer.
12 (B) The country where the bag was manufactured.
1.3 (C) A statement that the bag is a reusable bag and designed for
14 at least 125 uses.
15 (D) If the bag is eligible for recycling in the state, instructions
16 to return the bag to the store for recycling or to another appropriate
17 recycling location. If recyclable in the state, the bag shall include
18 the chasing arrows recycling symbol or the term Ctecyclable,❑
19 consistent with the Federal Trade Commission guidelines use of
20 that term, as updated.
21 (5) Does not contain lead, cadmium,or any other toxic material
22 that may pose a threat to public health. A reusable bag
23 manufacturer may demonstrate compliance with this requirement
24 by obtaining a no objection letter from the federal Food and Drug
25 Administration. This requirement shall not affect any authority of
26 the Department of Toxic Substances Control pursuant to Article
27 14 (connnencing with Section 25251) of Chapter 6.5 of Division
28 20 of the Health and Safety Code and,notwithstanding subdivision
29 (c)of Section 25257.1 of the Health and Safety Code,the reusable
30 grocery bag shall not be considered as a product category already
31 regulated or subject to regulation.
32 (6) Complies with Section 260.12 of Part 260 of Title 16 of the
33 Code of Federal Regulations related to recyclable claims if the
34 reusable grocery bag producer makes a claim that the reusable
35 grocery bag is recyclable.
36 (b) (1) In addition to the requirements in subdivision (a), a
37 reusable grocery bag made from plastic film shall meet all of the
38 following requirements:
39 (A) ❑n and after January 1, 2016, it shall be made from a
40 minimum of 20 percent postconsuiner recycled material.
95
Item 5. - 9 HB -109-
SB 270 ❑ ❑El
1 (B) ❑n and after January 1, 2020, it shall be made from a
2 minimum of 40 percent postconsumer recycled material.
3 (C) It shall be recyclable in this state, and accepted for return
4 at stores subject to the at-store recycling program (Chapter 5.1
5 (commencing with Section 42250)) for recycling.
6 (D) It shall have, in addition to the information required to be
7 printed on the bag or on a tag, pursuant to paragraph (4) of
8 subdivision(a), a statement that the bag is made partly or wholly
9 from postconsumer recycled material and stating the postconsumer
10 recycled material content percentage, as applicable.
11 (E) It shall be capable of carrying 22 pounds o CAN a distance o❑
12 ❑❑Chet for a minimum o❑125 uses -o M a dicta tee of 17-5"
13 feet and be at least 2.25 mils thick, measured according to the
14 American Society of Testing and Materials (ASTM) Standard
15 96988-13 or a� alternative methodology approved by the
16 department D`TE _II T�
1.7 (2) A reusable grocery bag made from plastic film that meets
18 the specifications of the American Society of Testing and Materials
19 (ASTM) International Standard Specification for Compostable
20 Plastics D6400,as updated,is not required to meet the requirements
21 of subparagraph (A) or (B) of paragraph (1), but shall be labeled
22 in accordance with the applicable state law regarding eompostable
23 plastics.
24 (e) In addition to the requirements of subdivision(a),a reusable
25 grocery bag that is not made of plastic film and that is made from
26 any other natural or synthetic fabric, including,but not limited to,
27 woven or nonwoven nylon, polypropylene,
28 polyethylene-terephthalate, or Tyvek, shall satisfy all of the
29 following:
30 (1) It shall be sewn.
31 (2) It shall be capable of carrying 22 poun&42-5—, ,� over a
32 distance of 175 feet -or a minimum o❑mil❑uses.
33 (3) It shall have a minimum fabric weight of at least 80 grams
34 per square meter.
35 (d) ❑n and after July 1, 2016, a store as defined in paragraph
36 (3), (4), or (5) of subdivision (g) of Section 42280, shall comply
37 with the requirements of this section.
38 42281.5. ❑n and after J'anuaiy 1, _V I 1J Jdy Td producer
39 of reusable grocery bags made from plastic film shall not sell or
40 distribute a reusable grocery bag in this state unless the producer
95
HB -109- Item 5. - 10
❑ ❑❑ SB 270
1 is certified by a third-parry certification entity pursuant to Section
2 42282. A producer shall provide proof of certification to the
3 department demonstrating that the reusable grocery bags produced
4 by the producer comply with the provisions of this article. The
5 proof of certification shall include all of the following:
6 (a) Names, locations, and contact information of all sources of
7 postconsumer recycled material and suppliers of postconsumer
8 recycled material.
9 (b) ❑uantity and dates of postconsumer recycled material
10 purchases by the reusable grocery bag producer.
11 (c) How the postconsumer recycled material is obtained.
12 (d) Information demonstrating that the postconsumer recycled
13 material is cleaned using appropriate washing equipment.
14 (e) Any other information that the depaftment may require to
15 ettable verifieatiott of the information prot,ided in the pro
16 eertifieatiott.
17 42282. (a)
18 depatOcmen.tI7,COM7nencin Don or be—Dre idly ❑FFFTTl he department
19 shall accept Tom a reusable grocery bag producer e
20 to the department proof of certification conducted by a third-party
21 certification entity❑submitted under penalty oEpeijury❑for each
22 type of reusable grocery bag that is manufactured,imported, sold,
23 or distributed in the state and provided to a store for sale or
24 distribution, at the point of sale, that meets all the applicable
25 requirements of this article. The proof of certification shall be
26 accompanied by a certification fee,established pursuant to Section
27 42282.1.
28 (b) A reusable —_rocery ba❑producer shall resubmit to the
29 department prop m�erti Cation as described in subdi Cision (a)
30 on a biennial basis❑A reusable ❑rocety ba❑producer shall pro Jde
31 the department ❑pith an updated proo❑6LcerliCcalion conducted
32 Uh a third❑paty certiCation entity E�viy modi❑cation that is not
33 solely aesthetic is made to a preciously certi-e reusable bay-
34 ❑ailure to comply ❑ith this subdi i-ision shall result in remo Cal o❑
35 the reletant in 07-7nation posted on the department® nternet❑eb
36 site pursuant to paraci•aphs (") and(E) o❑subdiEision (e) br each
37 reusable ba--that lac3 an updated proo i� eerti Fation conducted
38 by a third=-paty certilation entity❑
39 (b)
95
Item 5. - 11 HB -110-
SB 270 ❑ m ❑
I (c) A third-party certification entity shall be oneof
2 fbilowingi an independent--accredited(=EEC laboralory`.
3 A third.paty certiGlation entity shall certiCy� that the producer[
4 reusable Grocery bats Tneel the re virements oU�ection �:
5
6 &
7 ,
8 Ghieo.
9 .
10 (e) A third party eertifieation etytity shall eertify- that the
11 — fettsable groeety bags
12
13
14 standards existed on 7. 1995.
15
16 Reusable Bag Test Method,
17 the Galif-ornia State University, Ghieo, as that test method existed
18 on April 17, 20121.
19
20 depa end
21 (d) The department shall provide a system to receive proofs of
22 certification online.
23 (e) ❑n and after July 1,2016 EELE,the department shall publish.
24 a list on its Internet ❑eb site that includes all of the following:
25 (1) The name, location, and appropriate contact information of
26 certified reusable grocery bag producers.
27 (2) The reusable grocery bags o❑producers that
28 eorApli.ftne e with this artiele hal:e proCtded the re'�__Uired
29 certi Gcation.
30 .
31 (f) A reusable grocery bag producer shall submit—laboratory
32 applicable certi:ed test results to the department confirming that
33 the reusable grocery bag meets the requirements of this article for
34 each type of reusable grocery bag that is manufactured, imported,
35 sold, or distributed in the state and provided to a store for sale or
36 distribution.
37
38 mant4aetured by a rettsable b
39 a store for sale or distf ibtttioti fbt:eomplianee with this artiel
40 the regulatioits .
y;
HB -111- Item 5. - 12
❑ m❑ SB 270
1
2 a
4 sha4l be paid by the rettsable groeefy bag prodtieer.
5 (i) The department mecy entef into an agreement with o4ier state
6
7 of this a ftie
8
9 gfoeefy bag procItteer.
10
11 (1)and other p4lie eomments and may respond to these objeetions
12
13 (3�
14 O A person objeeting may object tom the certification o❑a
15 reusable =i-ocery ba'`producer pursuant to this subdivisimt
16 €r1e section by Olin Elan action for review of that certification in
17 the superior court of a county that has jurisdiction over the reusable
18 grocery bag producer. The court may make its own independen
19 findings on whether the depaftment, in aeeepting the pro
20 eeirtifieation, obtained verified evidenee of eomplianee, and may
21 eonsider evidenee thaf was not submitted to the depaftment,shall
22 determine i❑Che reusable L—Tocery ba❑-producer is in compliance
23 ❑ith the reLuirements oDhis article.
24 ( A reusable Cr ocery ba❑producer ❑hose certi EM/ion is be in❑
25 objected to pursuant to para---raph (7) shall be deemed in
26 compliance ❑ith this article pendin❑a determination by the court''
27 (❑) Based on its determination❑the court shall direct the
28 department to renzoCe the reusable Drocery ba❑producer :Tom❑'
29 or retain the reusable Erocei y ba❑producer onats list published
30 pursuant to subdi Fision (e)❑
31 (❑) EL-the court directs the department to remoC� a reusable
32 G-ocery ba❑producer Fw- in its published list[the reusable Ctocery
33 ba'❑producer shall remain o f Lo[the published list F-or a period o❑
34 one year Torn the date o❑`he courtl.ss determination❑
35 (k) The department may suspend or revoke a eertifieation of a
36
37
38 do not eomply with the reqttifemews ofthis aAiele.
39 42282.1. (a) A reusable grocery bag producer shall submit the
40 fee established pursuant to subdivision(b)to the department when
9i
Item 5. - 13 HB -112-
SB 270 ❑ Q ❑
1 providing proof of certification or recerti Cation pursuant to
2 Sections 42281.5 and 42282.
3 (b) The department shall establish--a an administrati❑e
4 certification fee schedule that will generate fee revenues sufficient
5 to cover, but not exceed, the department[� reasonable costs to
6 implement attd enforee the eeftifi ions o this article.
7 The departmentay expend the ..Heeted pttrsttant to this
8
9 aft-iele shall deposit all moneys submitted pursuant to this section
10 into the ❑eusable ❑rocerj)BaO❑cndmhich is hereby established
11 in the Date j easury❑ ❑ot❑ithstandin❑ E�ction o❑the
12 ❑oi�?rnnzent Code.--: moneys in the wind are continuously
13 appropriatedD7-ithout re❑ad to acal year-Do the department Dr
14 the purpose oDmplementin❑this article.
15
16 Article 3. Single-Use Carryout Bags
17
18 42283. (a) Except as provided in subdivision(e), on and after
19 July 1, 2015, a store. as defined in paragraph (1) or (2) of
20 subdivision (g) of Section 42280, shall not provide a single-use
21 carryout bag to a customer at the point of sale.
22 (b) (1) n and after July 1, 2015, a store, as defined in
23 paragraph (1) or(2) of subdivision (g) of Section 42280, shall not
24 sell or distribute a reusable grocery bag at the point of sale except
25 as provided in this subdivision.
26 (2) ❑n and after July 1, 2015. a store, as defined in paragraph
27 (1)or(2)of subdivision(g)of Section 42280,may make available
28 for purchase at the point of sale a reusable grocery bag that meets
29 the requirements of Section 42281.
30 (3) On and after July 1. 2015, a store, as defined in paragraph
31 (1)or(2)of subdivision(g)of Section 42280,that makes reusable
32 grocery bags available for purchase pursuant to paragraph(2)shall
33 not sell the reusable grocery bag for less than ten cents ($0.10) in
34 order to ensure that the cost of providing a reusable grocery bag
35 is not subsidid by a customer who does not require that bag.
36 (c) (1) ❑n and after July 1, 2015, a store, as defined in
37 paragraph (1) or(2) of subdivision(g) of Section 42280, shall not
38 sell or distribute a recycled paper bag except as provided in this
39 subdivision.
9;
HB -113- Item 5. - 14
❑ m❑ SB 270
1 (2) A store,as defined in paragraph(1)or(2)of subdivision(g)
2 of Section 42280, may make available for purchase a recycled
3 paper bag. n and after July 1, 2015, the store shall not sell a
4 recycled paper bag for less than ten cents($0.10)in order to ensure
5 that the cost of providing a recycled paper bag is not subsidi..:. d
6 by a consumer who does not require that bag.
7 (d) Notwithstanding any other law, on and after July 1, 2015,
8 a store, as defined in paragraph (1) or (2) of subdivision (g) of
9 Section 42280,that makes reusable grocery bags or recycled paper
10 bags available for purchase at the point of sale shall provide a
11 reusable -ocery ba❑or a recycled paper ba-Iat no cost at the
12 point o--Sale to a customer partieipatirg-itt usin0a payment card
13 or Aoucher issued by the California Special Supplemental Food
14 Program for u omen, Infants, and Children pursuant to Article 2
15 (commencing with Section 123275) of Chapter 1 of Part 2 of
16 Division 106 of the Health and Safety Code and a eats., mef
17 ig in the Supplemeittal Food Pfogram pttrsttant to
18
19 n f the n elfare a 1 tittt io f`,.de with , rettsable �.,,,,.
gr:,c:,ry �u�
20 or a reeyeled paper bag, at no eost at the pointsale. or an
21 electronic beneEt trans er card issued pursuant to Cection
22 oDhe ❑elDre and -hstilutions Code❑
23 (e) On and after July 1, 2015, a store, as defined in paragraph
24 (1) or (2) of subdivision (g) of Section 42280, may distribute a
25 compostable bag at the point of sale, if the compostable bag is
26 provided to the consumer at the cost specified pursuant to
27 paragraph (2), the compostable bag, at a minimum, meets the
28 American Society for Testing and Materials(ASTM)International
29 Standard Specification for Compostable Plastics D6400, as
30 updated,and in the jurisdiction where the compostable bag is sold
31 and in the jurisdiction where the store is located, both of the
32 following requirements are met:
33 (1) A majority of the residential households in the jurisdiction
34 have access to curbside collection of foodwaste for composting.
35 (2) The governing authority for the jurisdiction has voted to
36 allow stores in the jurisdiction to sell to consumers at the point of
37 sale a compostable bag at a cost not less than the actual cost of the
38 bag, which the Legislature hereby finds to be not less than ten
39 cents ($0.10)per bag.
95
Item 5. - 15 HB -114-
SB 270 ❑ m❑
I (f) A store,as defined in paragraph(1) or(2) of subdivision(g)
2 of Section 42280, shall not require a customer to use, purchase.
3 or accept a single-use carryout bag, recycled paper bag,
4 compostable bag, or reusable grocery bag as a condition of sale
5 of any product.
6 42283.5. ❑n and after July 1, 2016, a store, as defined in
7 paragraph(3),(4), or(5)of subdivision(g)of Section 42280,shall
8 comply with the same requirements of Section 42283 that are
9 imposed upon a store, as defined in paragraph (1) or (2) of
10 subdivision (g) of Section 42280.
11 42283.6. (a) The operator of a store, as defined in paragraph
12 (1) or(2) of subdivision(g) of Section 42280 that makes recycled
13 paper or reusable grocery bags available at the point of sale, shall
14 be subject to the provisions of the at-store recycling program
15 (Chapter 5.1 (commencing with Section 42250)).
16 (b) A store that voluntarily agrees to comply with the provisions
1.7 of this article pursuant to subdivision (g) of Section 42280, shall
18 also comply with the provisions of the at-store recycling program
19 (Chapter 5.1 (commencing with Section 42250)).
20 42284. (a) A retail establishment not specifically required to
21 comply with the requirements of this chapter is encouraged to
22 reduce its distribution of single-use plastic carryout bags.
23 (b) Pursuant to the provisions of subdivision (g) of Section
24 42280, any retail establishment that is not a L�tore,❑that provides
25 the department with the irre[beable written notice as specified in
26 subdivision(c), shall be regulated as a [More❑for the purposes of
27 this chapter.
28 (c) The irreCbeable written notice shall be dated and signed by
29 an authori Led representative of the retail establishment, and shall
30 include the name and physical address of all retail locations covered
31 by the notice. The department shall acknowledge receipt of the
32 notice in writing and shall specify the date the retail establishment
33 will be regulated as a Cstore,❑which shall not be less than 30 days
34 after the date of the department_s acknowledgment.The department
35 shall post on its Internet eb site, organi�d by county, the name
36 and physical location or locations of each retail establishment that
37 has elected to be regulated as a Cstore.❑
95
HB -115- Item 5. - 16
E m c SB 270
1 Article 4. Enforcement
2
3 42285. (a) A city, a county, a city and county, or the state may
4 impose civil liability on a person or entity that knowingly violated
5 this chapter, or reasonably should have known that it violated this
6 chapter,in the amount of one thousand
7 dollars (ELF per day for the first violation of this chapter, one
8 t❑o thousand dollars-($4,000) ( per day for the second
9 violation, and-f" L[�thousand dollars($2 00) per day
10 for the third and subsequent violations.
11 (b) Any civil penalties collected pursuant to subdivision (a)
12 shall be paid to the office of the city attorney, city prosecutor,
13 district attorney, or Attorney General, whichever office brought
14 the action. The penalties collected pursuant to this section by the
15 Attorney General may be expended by the Attorney General,upon
16 appropriation by the Legislature, to enforce this chapter.
17
18 Article 5. Preemption
19
20 42287. (a) Except as provided in subdivision(c), this chapter
21 is a matter of statewide interest and concern and is applicable
22 uniformly throughout the state.Accordingly,this chapter occupies
23 the whole field of regulation of reusable grocery bags, single-use
24 carryout bags, and recycled paper bags, as defined in this chapter,
25 provided by a store, as defined in this chapter.
26 (b) ❑n and after January 1, 2015, a city, county, or other local
27 public agency shall not enforce, or otherwise implement, an
28 ordinance, resolution, regulation, or rule, or any amendment
29 thereto,adopted on or after September 1,2014,relating to reusable
30 grocery bags, single-use carryout bags, or recycled paper bags,
31 against a store, as defined in this chapter, unless expressly
32 authori Cad by this chapter.
3 3 (c) (1) A city, county, or other local public agency that has
34 adopted, before September 1, 2014, an ordinance, resolution,
35 regulation, or rule relating to reusable grocery bags, single-use
36 carryout bags,or recycled paper bags may continue to enforce and
37 implement that ordinance, resolution, regulation, or rule that was
38 in effect before that date. Any amendments to that ordinance,
39 resolution,regulation, or rule on or after January 1, 2015, shall be
40 subject to subdivision (b), except the city, county, or other local
95
Item 5. - 17 xB -116-
SB 270 ❑ FF❑
1 public agency may adopt or amend an ordinance, resolution,
2 regulation, or rule to increase the amount that a store shall charge
3 with regard to a recycled paper bag, compostable bag, or reusable
4 grocery bag to no less than the amount specified in Section 42283.
5 (2) A city, county, or other local public agency not covered by
6 paragraph (1) that, before September 1, 2014, has passed a first
7 reading of an ordinance or resolution expressing the intent to
8 restrict single-use carryout bags and,before January 1,2015.adopts
9 an ordinance to restrict single-use carryout bags, may continue to
10 enforce and implement the ordinance that was in effect before
11 January 1, 2015.
12
13 Article 6. Financial Provisions
14
15 42288. (a) Notwithstanding Section 42023.2, the sum of two
16 million dollars ($2,000,000) is hereby appropriated from an
17
18 the
19 ❑ecyclin❑Mar�t De-elopment ❑e�bl[in❑-Dan 7itbaccount in the
20 ❑trtaated aste ManaLementAccount to the department for the
21 purposes of providing loans—and gfants for the creation and
22 retention of jobs and economic activity in this state for the
23 manufacture and recycling of plastic reusable grocery bags that
24 use recycled content, including postconsumer recycled material.
25 (b) The department-sla may expend D❑there are applicants
26 eliFible Or G.indin❑ C%om the Clecyclin❑ March De-Lelopinent
27 ❑e EbMn❑ Cban DibaccounCthe funds appropriated pursuant to
28 this section to provide loans -gfarits for both of the following:
29 (1) Development and conversion of machinery and facilities for
30 the manufacture of single-use plastic bags into machinery and
31 facilities for the manufacturer of durable reusable grocery bags
32 that, at a minimum, meet the requirements of Section 42281.
33 (2) Development of equipment for the manufacture of reusable
34 grocery bags,that,at a minimum,meet the requirements of Section
35 42281.
36 (c) A recipient of a-der loan authori:-ed by this section shall
37 agree, as a condition of receiving a grant or the loan, to retain and
38 retrain existing employees for the manufacturing of reusable
39 grocery bags that,at a minimum,meet the requirements of Section
40 42281.
95
xB -117- Item 5. - 18
❑ G7 ❑ SB 270
1 (d) Any moneys appropriated pursuant to this section not
2 eC))ended by the end o❑`he n Kcal year shall re Eert to the
3 ❑ecyclin❑Mar et DeLEelopment CeCblAn' man --Ubaccount 'Lor
4 e 4?enditure pursuant to A rticle ❑.(commencin❑❑th action Qom)
5 o 0�7hapter ❑E
6 (e) Applicants —Dr —andin—.under-this section may also apply Qr
7 Indin❑or bene is Lom other economic de elopment pro[Tams
8 Or ❑hich they may be eliffble::includin�Ebw not limited to7both
9 o Dhe 161lo❑in D
10 (❑)An income to❑creditCas described in 'i?ctions and
11 110❑E❑th&] e enue and E17�btion Code❑
12 (❑)A la;_�eEemption pursuant to action oDhe -e�7enue
13 and -xlition Code[]
14 mC= ❑o later than March the department-as a part
15 o its reportin Ore IDsirement pursuant to action LET_r E o C7he Public
16 ❑esources Code❑ shall proAde a status report on the
17 implementation o�Chapter =(connnencin❑❑ithaction _I_ME
18 o❑l'art ❑o'_Dijsion ZoDhe Public ❑esources Code[]
9>
Item 5. - 19 H13 -118-
Estanislau, Robin
From: Dombo, Johanna
Sent: Tuesday, September 02, 2014 10:15 AM
To: City Clerk's Office
Subject: FW: Surf City Pipeline: You have been assigned a new Request#: 19613
From: Surf City Pipeline [mailto:noreply(�'l user.govoutreach.com]
Sent: Tuesday, September 02, 2014 7:17 AM
To: Dombo, Johanna
Subject: Surf City Pipeline: You have been assigned a new Request #: 19613
Request# 19613 from the Government Outreach System has been assigned to you.
Request type: Comment
Request area: Inquiry to a City Council Member
Citizen name: Robert Franklin
Description: Ms Hardy
It has come to my attention three council members have placed an item on the
forthcoming City Council agenda opposing the statewide ban on single use plastic bags.
I urge you to oppose the proposal. Singe use plastic bags are bad for the environment
and the bottom line is plastic kills. Regardless of what some council members say,
plastic is very harmful to the environment We need to start thinking of future
generations and reduce and eliminate plastic in the environment. Thank you for your
time and support on this very important issue.
Sincerely
Robert Franklin
Expected Close Date: September 12, 2014
Click here to access the request
Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not
monitored and will be ignored.
SUPPLEMENTAL
COMMUNICATION
Maeft Date: 9 a
Agenda Item No.,,a� �"`•� 1