A bill that would have banned single-use plastic bags failed to pass the State Assembly on Monday which would have made California the first state to impose such a ban.
SB 270 would have banned stores from providing single-use carryout bags 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 failed to pass in a 37-33 vote, just four votes as it needed 41-votes to pass.
Locally, Assemblymember Susan Bonilla and Joan Buchanan voted in favor of the ban while Assemblyman Jim Frazier voted against the ban. Here is a look at all the votes:
Ayes: Alejo, Ammiano, Bloom, Bocanegra, Bonilla, Bonta, Buchanan, Campos, Chau, Chesbro, Dababneh, Daly, Dickinson, Fong, Gatto, Gomez, Gonzalez, Gordon, Roger Hernández, Holden, Jones-Sawyer, Levine, Lowenthal, Medina, Mullin, Muratsuchi, Pan, John A. Pérez, Quirk, Rendon, Ridley-Thomas, Skinner, Stone, Ting, Wieckowski, Williams, Yamada, Atkins
Noes: Achadjian, Allen, Bigelow, Chávez, Conway, Cooley, Dahle, Donnelly, Eggman, Fox, Frazier, Beth Gaines, Garcia, Gorell, Gray, Grove, Hagman, Harkey, Jones, Linder, Logue, Maienschein, Mansoor, Melendez, Nestande, Olsen, Patterson, Perea, Quirk-Silva, Salas, Wagner, Waldron, Wilk
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.
Under Assembly rules, Padilla may bring back SB 270 for reconsideration and a re-vote, but that would need to occur by the end of the week before the legislation session concludes.
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.
4 comments
Great to see that Jim Frazer voted against this bill. We’d all still end up having to buy boxed of small plastic bags for our small trash containers in the bedrooms and bathrooms. And it is insane to make us pay for a paper bag when they are already “free” at the stores (except Pittsburg lol).
Good job Assemblyman Jim Frazier. Glad you continue to vote with your head instead of the strong arm tactics of the Democratic Party on this ban. These bans on bags are a joke, if people would just pick up after themselves, it would not be an issue.
Ahhh….personal responsibility…not taught by parents anymore.
On the other hand, those plastic bags are light and a good wind…even in recycling bins, they take a hike. We seem to be picking up a bunch of stuff every garbage day…
It takes small minded thinking to believe those are “free” in any sense of the word.
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