If at first you try and do not succeed, try again. That is exactly what occurred in a vote on SB 270 which was approved by the State Assembly 45-31 Thursday which puts California on the verge of becoming the first state to ban single-use plastic bags.
SB 270 will:
- Prohibit, beginning July 1, 2015, grocery stores and pharmacies from making available single-use plastic bags. If paper bags are offered to customers, they would have to include recycled content.
- Prohibit, beginning July 1, 2016, convenience stores and liquor stores from making available single-use plastic bags.
- Grandfather in existing local ordinances.
- Provide up to $2 million in competitive loans to businesses transitioning to the manufacture of reusable bags.
Earlier in the week, the bill failed to pass by 4 votes in the assembly in a 38-33 vote. This time, it passed after 6 assembly members failed to cast a vote and one member of the assembly flipped on their vote.
In the second vote, 6 assembly members (Bradford, Ian Calderon, Nazarian, V. Manuel Pérez, Rodriguez, Weber) who previously did not cast a vote voted “yes” on the ban while Eggman who previously voted no did not cast a vote. The only flip vote from a “No” to a “Yes” came from Garcia.
Here is the final breakdown of the votes:
Ayes: Alejo, Ammiano, Bloom, Bocanegra, Bonilla, Bonta, Bradford, Buchanan, Ian Calderon, Campos, Chau, Chesbro, Dababneh, Daly, Dickinson, Fong, Garcia, Gatto, Gomez, Gonzalez, Gordon, Roger Hernández, Holden, Jones-Sawyer, Levine, Lowenthal, Medina, Mullin, Muratsuchi, Nazarian, Pan, John A. Pérez, V. Manuel Pérez, Quirk, Rendon, Ridley-Thomas, Rodriguez, Skinner, Stone, Ting, Weber, Wieckowski, Williams, Yamada, Atkins
Noes: Achadjian, Allen, Bigelow, Chávez, Conway, Cooley, Dahle, Donnelly, Fox, Frazier, Beth Gaines, Gorell, Gray, Grove, Hagman, Harkey, Jones, Linder, Logue, Maienschein, Mansoor, Melendez, Nestande, Olsen, Patterson, Perea, Quirk-Silva, Salas, Wagner, Waldron, Wilk
No Votes Recorded: Brown, Eggman, Hall
SB 270 will:
- Prohibit, beginning July 1, 2015, grocery stores and pharmacies from making available single-use plastic bags. If paper bags are offered to customers, they would have to include recycled content.
- Prohibit, beginning July 1, 2016, convenience stores and liquor stores from making available single-use plastic bags.
- Grandfather in existing local ordinances.
- Provide up to $2 million in competitive loans to businesses transitioning to the manufacture of reusable bags.
– See more at: http://sd20.senate.ca.gov/news/2014-08-28-state-assembly-approves-plastic-bag-ban#sthash.FCp4aecW.dpuf
Currently, 115 cities and counties have adopted a plastic bag ordinance banning them. Meanwhile, in Contra Costa County, in May, Walnut Creek became the 5th City in the county to ban plastic bags joining Richmond, El Cerrito, Pittsburg and San Pablo.
The bill will now head to the Senate for a vote where it has not been tested.
Press Release from Senator Padilla’s Office
Bill by Senators Padilla, De Leon & Lara Would Phase Out Single-Use Plastic Bags in California
Sacramento – The State Assembly today approved SB 270 by Senator Alex Padilla (D-Pacoima), Senator Kevin de Leon (D-Los Angeles) and Senator Ricardo Lara (D-Huntington Park/Long Beach). The bill would phase out single-use plastic bags in California grocery stores, convenience stores, liquor stores and pharmacies. The bill now goes to the State Senate for consideration.
A coalition of environmental, labor, business groups and local governments are supporting SB 270 (Padilla, De Leon, Lara), including Californians Against Waste, Environment California, Heal the Bay, Clean Seas Coalition, California League of Conservation Voters, Coastkeepers, Surfrider, United Food and Commercial Workers (UFCW) Western States Council, California Grocers Association, and the California Retailers Association.
“This is a huge step forward. Single-use plastic bags not only litter our beaches, but also our mountains, our deserts, and our rivers, streams and lakes. SB 270 strikes the right balance. It will protect the environment and it will protect California jobs as the state transitions to reusable bags,” said Senator Alex Padilla.
“A throw-away society is not sustainable. With SB 270 we have an opportunity to greatly reduce the flow of billions of single-use plastic bags that are discarded throughout our state. This is good for California and reflects our values as a state that cares about the environment, sea life and wildlife,” Padilla added.
Each year more than 14 billion single-use plastic bags are handed out by retailers. According to the US EPA, 88% of plastic bags and sacks are not recycled. In California, only 3% are recycled, according to CalRecycle. Single-use plastic bags increase costs to local governments for clean-up because so few of the bags are recycled. There is also a very real environmental cost to marine life, birds and other wildlife.
Based on the experience of local jurisdictions that have enacted ordinances, a statewide policy would save local governments millions of dollars annually. The combined cost of single-use plastic bags to California consumers and state and local government for use, clean-up and disposal is estimated to be in the tens of millions of dollars annually. Eighty-six local governments throughout the state have adopted plastic bag ban ordinances covering more than 115 cities and counties combined. In doing so, many of these communities have eliminated the significant costs associated with plastic bags, as well as substantially reduced the volume of bags entering their landfills.
“California is known throughout the world for its policies to protect the environment. Many of our cities and counties have enacted local ordinances banning single-use bags. It is time for a statewide policy,” said Padilla.
The plastics industry has been fiercely opposed to the legislation. The “progressive bag alliance” has aired over-the-top attack ads seeking to intimidate the legislature.
“The so called, “progressive bag alliance”, is funded by the plastics industry. These out-of-state special interests are out of touch with California and our values. Californians care about the environment. In cities and counties throughout the state, Californians are speaking out loud and clear in support of the bag ban,” said Senator Padilla.
Last year a similar bill by Senator Padilla fell 3 votes short of the 21 votes needed for passage from the State Senate. At the time, Padilla pledged to redouble his efforts and seek passage of a single-use plastic bag ban this year. In January, at a press conference in Los Angeles, Senator Padilla, Senator De Leon and Senator Lara announced the new bill, SB 270 (Padilla, De Leon, Lara), which included language to address concerns regarding potential job losses at California plastic bag manufacturing facilities.
Here is a look at SB 270
LEGISLATIVE COUNSEL’S DIGEST
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 Public Resources Code, to read:
CHAPTER 5.3. Single-Use Carryout Bags
Article 1. Definitions
42280.
(a) “Department” means the Department of Resources Recycling and Recovery.
Article 2. Reusable Grocery Bags
42281.
(a) On and after July 1, 2015, a store, as defined in paragraph (1) or (2) of subdivision (g) of Section 42280, may sell or distribute a reusable grocery bag to a customer at the point of sale only if the reusable bag is made by a producer certified pursuant to this article to meet all of the following requirements:
42281.5.
On and after July 1, 2015, a producer of reusable grocery bags made from plastic film shall not sell or distribute a reusable grocery bag in this state unless the producer is certified by a third-party certification entity pursuant to Section 42282. A producer shall provide proof of certification to the department demonstrating that the reusable grocery bags produced by the producer comply with the provisions of this article. The proof of certification shall include all of the following:
42282.
(a) Commencing on or before July 1, 2015, the department shall accept from a reusable grocery bag producer proof of certification conducted by a third-party certification entity, submitted under penalty of perjury, for each type of reusable grocery bag that is manufactured, imported, sold, or distributed in the state and provided to a store for sale or distribution, at the point of sale, that meets all the applicable requirements of this article. The proof of certification shall be accompanied by a certification fee, established pursuant to Section 42282.1.
42282.1.
(a) A reusable grocery bag producer shall submit the fee established pursuant to subdivision (b) to the department when providing proof of certification or recertification pursuant to Sections 42281.5 and 42282.
Article 3. Single-Use Carryout Bags
42283.
(a) Except as provided in subdivision (e), on and after July 1, 2015, a store, as defined in paragraph (1) or (2) of subdivision (g) of Section 42280, shall not provide a single-use carryout bag to a customer at the point of sale.
42283.5.
On and after July 1, 2016, a store, as defined in paragraph (3), (4), or (5) of subdivision (g) of Section 42280, shall comply with the same requirements of Section 42283 that are imposed upon a store, as defined in paragraph (1) or (2) of subdivision (g) of Section 42280.
42283.6.
(a) The operator of a store, as defined in paragraph (1) or (2) of subdivision (g) of Section 42280 that makes recycled paper or reusable grocery bags available at the point of sale, shall be subject to the provisions of the at-store recycling program (Chapter 5.1 (commencing with Section 42250)).
42283.7.
All moneys collected pursuant to this article shall be retained by the store and may be used only for the following purposes:
42284.
(a) A retail establishment not specifically required to comply with the requirements of this chapter is encouraged to reduce its distribution of single-use plastic carryout bags.
Article 4. Enforcement
42285.
(a) A city, a county, a city and county, or the state may impose civil liability on a person or entity that knowingly violated this chapter, or reasonably should have known that it violated this chapter, in the amount of one thousand dollars ($1,000) per day for the first violation of this chapter, two thousand dollars ($2,000) per day for the second violation, and five thousand dollars ($5,000) per day for the third and subsequent violations.
Article 5. Preemption
42287.
(a) Except as provided in subdivision (c), this chapter is a matter of statewide interest and concern and is applicable uniformly throughout the state. Accordingly, this chapter occupies the whole field of regulation of reusable grocery bags, single-use carryout bags, and recycled paper bags, as defined in this chapter, provided by a store, as defined in this chapter.
Article 6. Financial Provisions
42288.
(a) Notwithstanding Section 42023.2, the sum of two million dollars ($2,000,000) is hereby appropriated from the Recycling Market Development Revolving Loan Subaccount in the Integrated Waste Management Account to the department for the purposes of providing loans for the creation and retention of jobs and economic activity in this state for the manufacture and recycling of plastic reusable grocery bags that use recycled content, including postconsumer recycled material.
SEC. 2.
No later than March 1, 2018, the department, as a part of its reporting requirement pursuant to Section 40507 of the Public Resources Code, shall provide a status report on the implementation of Chapter 5.3 (commencing with Section 42280) of Part 3 of Division 30 of the Public Resources Code.
1 comment
I hope the State Senate rejects it; and if not, the Governor uses his veto!!!
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