AB 1998 - An Act to Amend Section 42257 Of, to Add Chapter 5.3 (Commencing with Section 42280) to Part 3 of Division 30 Of, and to Repeal Sections 42254 and 42285 Of, the Public Resources Code, Relating to Solid Waste, and Making an Appropriation Therefor.

Solid waste: single-use carryout bags. 2009-2010 Legislature. View bill details
Author(s):
Summary:
(1)Existing law 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 This requirement is repealed on January 1, 2013. Existing law prohibits a city, county, or other local public agency from taking specified regulatory actions with regard to the recycling of plastic… More
(1)Existing law 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 This requirement is repealed on January 1, 2013. Existing law prohibits a city, county, or other local public agency from taking specified regulatory actions with regard to the recycling of plastic carryout bags.

This bill would repeal those at-store recycling program requirements on January 1, 2012, and would repeal, on January 1, 2011, the provision preempting local regulatory action. The bill would, as of January 1, 2012, prohibit stores that have a specified amount of sales or retail floor space from providing a single-use carryout bag to a customer. The bill would require these stores, from January 1, 2012, until June 30, 2013, to provide a specified type of reusable bag and after July 1, 2013, to only provide reusable bags that meet certain criteria. The bill would require these stores to make reusable bags available for purchase. The bill would allow a store, on and after January 1, 2013, to provide reusable bags to customers at no cost only when combined with a time limited store promotional program. The bill also would authorize a store, as of January 1, 2011, to provide recycled paper bags, but would require the store to charge the consumer, on and after January 1, 2012, the actual average cost of the recycled paper bag.The bill would require these stores, on and after January 1, 2012, to provide a plastic collection bin for its customers, for the purpose of collecting and recycling single-use plastic bags and reusable bags.The bill would, on and after July 1, 2013, additionally impose these prohibitions and requirements on convenience food stores, foodmarts, and certain other specified stores.

The bill would, beginning January 1, 2013, require a reusable grocery bag producer to submit to the Department of Resources Recycling and Recovery a biennial certification, including a certification fee established by the department, that certifies that each type of reusable grocery bag that is imported, manufactured, sold or distributed in the state and provided to a store for sale or distribution meets specified requirements. The bill would require the department to deposit the certification fees into the Reusable Bag Account, which would be established by the bill in the Integrated Waste Management Fund. The bill would require that moneys in the account be expended by the department, upon appropriation by the Legislature, to implement the certification requirements. A violation of these certification requirements would be subject to an administrative civil penalty assessed by the department. The department would be required to deposit these penalties into the Penalty Subaccount, which the bill would create in the Reusable Bag Account, for expenditure by the department, upon appropriation by the Legislature, to implement the certification requirements.The bill would require the department, by January 1, 2015, to submit a report to the Legislature regarding the implementation of the bill’s provisions. The bill would repeal this report requirement on January 1, 2016.This bill would, as of January 1, 2011, preempt local regulations on the use and sales of reusable bags, single-use carryout bags, recycled paper bags, or other specified bags at stores, as defined.The bill would allow a city, county, city and county or the state to impose civil penalties for a violation of the bill’s requirements, except for the certification 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’s provisions.

(2)The California Integrated Waste Management Act of 1989 creates the Recycling Market Development Revolving Loan Subaccount in the Integrated Waste Management Account and continuously appropriates the funds deposited in the subaccount to the department for making loans for the purposes of the Recycling Market Development Revolving Loan Program. Existing law makes the provisions regarding the loan program, the creation of the subaccount, and expenditures therefrom inoperative on July 1, 2011, and repeals them as of January 1, 2012.This bill would appropriate $2,000,000 from the Recycling Market Development Revolving Loan Subaccount in the Integrated Waste Management Account to the department for the purposes of providing loans and grants for the creation and retention of jobs and economic activity in the manufacture and recycling of plastic bags that use recycled content. Hide
 
Status:
The bill was voted on by the Senate on August 31, 2010. 
Assembly Committee on Appropriations Vote: Do pass as amended.

PASSED on May 28, 2010.

voted YES: 11 voted NO: 5
1 voted present/not voting

An Act to Amend Section 42257 Of, to Add Chapter 5.3 (Commencing with Section 42280) to Part 3 of Division 30 Of, and to Repeal Sections 42254 and 42285 Of, the Public Resources Code, Relating to Solid Waste, and Making an Appropriation Therefor.

AB 1998 — 2009-2010 Legislature

Summary
(1)Existing law 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 requirement is repealed on January 1, 2013. Existing law prohibits a city, county, or other local public agency from taking specified regulatory actions with regard to the recycling of plastic carryout bags.

This bill would repeal those at-store recycling program requirements on January 1, 2012, and would repeal, on January 1, 2011, the provision preempting local regulatory action. The bill would, as of January 1, 2012, prohibit stores that have a specified amount of sales or retail floor space from providing a single-use carryout bag to a customer. The bill would require these stores, from January 1, 2012, until June 30, 2013, to provide a specified type of reusable bag and after July 1, 2013, to only provide reusable bags that meet certain criteria. The bill would require these stores to make reusable bags available for purchase. The bill would allow a store, on and after January 1, 2013, to provide reusable bags to customers at no cost only when combined with a… More
(1)Existing law 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 requirement is repealed on January 1, 2013. Existing law prohibits a city, county, or other local public agency from taking specified regulatory actions with regard to the recycling of plastic carryout bags.

This bill would repeal those at-store recycling program requirements on January 1, 2012, and would repeal, on January 1, 2011, the provision preempting local regulatory action. The bill would, as of January 1, 2012, prohibit stores that have a specified amount of sales or retail floor space from providing a single-use carryout bag to a customer. The bill would require these stores, from January 1, 2012, until June 30, 2013, to provide a specified type of reusable bag and after July 1, 2013, to only provide reusable bags that meet certain criteria. The bill would require these stores to make reusable bags available for purchase. The bill would allow a store, on and after January 1, 2013, to provide reusable bags to customers at no cost only when combined with a time limited store promotional program. The bill also would authorize a store, as of January 1, 2011, to provide recycled paper bags, but would require the store to charge the consumer, on and after January 1, 2012, the actual average cost of the recycled paper bag.The bill would require these stores, on and after January 1, 2012, to provide a plastic collection bin for its customers, for the purpose of collecting and recycling single-use plastic bags and reusable bags.The bill would, on and after July 1, 2013, additionally impose these prohibitions and requirements on convenience food stores, foodmarts, and certain other specified stores.

The bill would, beginning January 1, 2013, require a reusable grocery bag producer to submit to the Department of Resources Recycling and Recovery a biennial certification, including a certification fee established by the department, that certifies that each type of reusable grocery bag that is imported, manufactured, sold or distributed in the state and provided to a store for sale or distribution meets specified requirements. The bill would require the department to deposit the certification fees into the Reusable Bag Account, which would be established by the bill in the Integrated Waste Management Fund. The bill would require that moneys in the account be expended by the department, upon appropriation by the Legislature, to implement the certification requirements. A violation of these certification requirements would be subject to an administrative civil penalty assessed by the department. The department would be required to deposit these penalties into the Penalty Subaccount, which the bill would create in the Reusable Bag Account, for expenditure by the department, upon appropriation by the Legislature, to implement the certification requirements.The bill would require the department, by January 1, 2015, to submit a report to the Legislature regarding the implementation of the bill’s provisions. The bill would repeal this report requirement on January 1, 2016.This bill would, as of January 1, 2011, preempt local regulations on the use and sales of reusable bags, single-use carryout bags, recycled paper bags, or other specified bags at stores, as defined.The bill would allow a city, county, city and county or the state to impose civil penalties for a violation of the bill’s requirements, except for the certification 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’s provisions.

(2)The California Integrated Waste Management Act of 1989 creates the Recycling Market Development Revolving Loan Subaccount in the Integrated Waste Management Account and continuously appropriates the funds deposited in the subaccount to the department for making loans for the purposes of the Recycling Market Development Revolving Loan Program. Existing law makes the provisions regarding the loan program, the creation of the subaccount, and expenditures therefrom inoperative on July 1, 2011, and repeals them as of January 1, 2012.This bill would appropriate $2,000,000 from the Recycling Market Development Revolving Loan Subaccount in the Integrated Waste Management Account to the department for the purposes of providing loans and grants for the creation and retention of jobs and economic activity in the manufacture and recycling of plastic bags that use recycled content. Hide
Learn More
At LegInfo.ca.gov
Title
An Act to Amend Section 42257 Of, to Add Chapter 5.3 (Commencing with Section 42280) to Part 3 of Division 30 Of, and to Repeal Sections 42254 and 42285 Of, the Public Resources Code, Relating to Solid Waste, and Making an Appropriation Therefor.
Author(s)
Julia Brownley
Co-Authors
Subjects
  • Solid waste: single-use carryout bags
Major Actions
Introduced2/17/2010
Referred to Committee
Passed Assembly Committee on Natural Resources4/12/2010
Passed Assembly Committee on Appropriations5/28/2010
Passed Assembly6/02/2010
Passed Senate Committee on Environmental Quality6/28/2010
Passed Senate Committee on Appropriations8/02/2010
Passed Senate Committee on Appropriations8/12/2010
Passed Senate Committee on Appropriations8/31/2010
Failed passage in Senate8/31/2010
Failed passage in Senate8/31/2010
Bill History
Chamber/CommitteeMotionDateResult
select this voteAssembly Committee on Natural ResourcesDo pass as amended and be re-referred to the Committee on Appropriations.4/12/2010This motion PASSED the Assembly Committee on Natural Resources
6 voted YES 3 voted NO 0 voted present/not voting
currently selectedAssembly Committee on AppropriationsDo pass as amended.5/28/2010This motion PASSED the Assembly Committee on Appropriations
11 voted YES 5 voted NO 1 voted present/not voting
select this voteAssemblyAB 1998 BROWNLEY Assembly Third Reading6/02/2010This bill PASSED the Assembly
42 voted YES 27 voted NO 10 voted present/not voting
select this voteSenate Committee on Environmental QualityDo pass as amended, and re-refer to the Committee on Appropriations.6/28/2010This motion PASSED the Senate Committee on Environmental Quality
5 voted YES 2 voted NO 0 voted present/not voting
select this voteSenate Committee on AppropriationsPlaced on Appropriations Suspense file.8/02/2010This motion PASSED the Senate Committee on Appropriations
10 voted YES 0 voted NO 1 voted present/not voting
select this voteSenate Committee on AppropriationsBe re-referred to the Committee on Rules.8/12/2010This motion PASSED the Senate Committee on Appropriations
11 voted YES 0 voted NO 0 voted present/not voting
select this voteSenate Committee on AppropriationsDo pass.8/31/2010This motion PASSED the Senate Committee on Appropriations
7 voted YES 3 voted NO 1 voted present/not voting
select this voteSenateAssembly 3rd Reading AB1998 Brownley Re-Refer8/31/2010This bill DID NOT PASS the Senate
14 voted YES 20 voted NO 5 voted present/not voting
select this voteSenateAssembly 3rd Reading AB1998 Brownley By Cedillo8/31/2010This bill DID NOT PASS the Senate
14 voted YES 21 voted NO 4 voted present/not voting
ActionDateDescription
Introduced2/17/2010
2/17/2010Read first time. To print.
2/18/2010From printer. May be heard in committee March 20.
3/04/2010Referred to Com. on NAT. RES.
3/22/2010In committee: Set, first hearing. Hearing canceled at the request of author.
4/05/2010From committee chair, with author's amendments: Amend, and re-refer to Com. on NAT. RES. Read second time and amended.
4/06/2010Re-referred to Com. on NAT. RES.
select this voteVote4/12/2010Do pass as amended and be re-referred to the Committee on Appropriations.
4/19/2010From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 6. Noes 3.) (April 12).
4/20/2010Read second time and amended.
4/21/2010Re-referred to Com. on APPR.
5/05/2010In committee: Set, first hearing. Referred to APPR. suspense file.
currently selectedVote5/28/2010Do pass as amended.
5/28/2010From committee: Amend, and do pass as amended. (Ayes 11. Noes 5.) (May 28). Read second time and amended. Ordered returned to second reading.
6/01/2010Read second time. To third reading.
6/02/2010Read third time, passed, and to Senate. (Ayes 42. Noes 27. Page 5518.)
select this voteAssembly Vote on Passage6/02/2010AB 1998 BROWNLEY Assembly Third Reading
6/03/2010In Senate. Read first time. To Com. on RLS. for assignment.
6/10/2010Referred to Com. on EQ.
select this voteVote6/28/2010Do pass as amended, and re-refer to the Committee on Appropriations.
7/15/2010From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (June 28). Read second time and amended. Re-referred to Com. on APPR.
select this voteVote8/02/2010Placed on Appropriations Suspense file.
8/02/2010In committee: Set, first hearing. Referred to APPR suspense file.
select this voteVote8/12/2010Be re-referred to the Committee on Rules.
8/16/2010From committee: Be re-referred to Com. on RLS. Re-referred. (Ayes 11. Noes 0.) (August 12).
8/27/2010Senate Rule 29.3(b) suspended. (Ayes 21. Noes 11. Page 4960.) From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on RLS.
8/30/2010Withdrawn from committee. Ordered to third reading.
select this voteVote8/31/2010Do pass.
8/31/2010Read third time, passage refused. (Ayes 14. Noes 21. Page 5115.) From committee: Do pass. (Ayes 7. Noes 3.) (August 31). Ordered to third reading. Re-referred to Com. on APPR. Joint Rules 61(b)(15) and 62(a) suspended. (Page 5080.)
select this voteSenate Vote on Passage8/31/2010Assembly 3rd Reading AB1998 Brownley Re-Refer
select this voteSenate Vote on Passage8/31/2010Assembly 3rd Reading AB1998 Brownley By Cedillo

Total contributions given to Assemblymembers from interest groups that…

25 times as much
$303,994
$303,994
$12,000
$12,000

opposed this motion

1 Organization Supported and 1 Opposed; See Which Ones

Organizations that took a position on
An Act to Amend Section 42257 Of, to Add Chapter 5.3 (Commencing with Section 42280) to Part 3 of Division 30 Of, and to Repeal Sections 42254 and 42285 Of, the Public Resources Code, Relating to Solid Waste, and Making an Appropriation Therefor.: Do pass as amended.

1 organization supported this motion

American Federation of State, County and Municipal Employees
Assembly Committee on Appropriations (2010, May 5). Bill Analysis AB 1998 5-5-2010. Retrieved September 7, 2010, from Leg Info.

1 organization opposed this motion

California Taxpayers Association
Assembly Committee on Appropriations (2010, May 5). Bill Analysis AB 1998 5-5-2010. Retrieved September 7, 2010, from Leg Info.

Need proof?

View citations of support and opposition

Includes reported contributions to campaigns of Assemblymembers in office on day of vote, from interest groups invested in the vote according to MapLight, January 1, 2009 – December 31, 2010.
Contributions data source: FollowTheMoney.org

Contributions by Legislator

Namesort iconPartyDistrict$ From Interest Groups
That Supported
$ From Interest Groups
That Opposed
Vote
Tom AmmianoDCA-13$15,300$0Yes
Steven BradfordDCA-51$17,450$0Yes
Charles CalderonDCA-58$10,900$0Not Voting
Connie ConwayRCA-34$1,500$2,000No
Joe CotoDCA-23$0$0Yes
Mike DavisDCA-48$2,000$0Yes
Felipe FuentesDCA-39$14,300$0Yes
Diane HarkeyRCA-73$0$4,000No
Jeff MillerRCA-71$0$2,000No
Bill MonningDCA-27$8,700$0Yes
Jim NielsenRCA-2$4,500$3,000No
Chris NorbyRCA-72$0$1,000No
Ira RuskinDCA-21$0$0Yes
Nancy SkinnerDCA-14$31,600$0Yes
Jose SolorioDCA-69$21,900$0Yes
Tom TorlaksonDCA-11$163,350$0Yes
Alberto TorricoDCA-20$12,494$0Yes

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Show All
NamePartyDistrict$ From Interest Groups
That Supported
$ From Interest Groups
That Opposed
Vote
Tom AmmianoDCA-13$15,300$0Yes
Steven BradfordDCA-51$17,450$0Yes
Charles CalderonDCA-58$10,900$0Not Voting
Connie ConwayRCA-34$1,500$2,000No
Joe CotoDCA-23$0$0Yes
Mike DavisDCA-48$2,000$0Yes
Felipe FuentesDCA-39$14,300$0Yes
Diane HarkeyRCA-73$0$4,000No
Jeff MillerRCA-71$0$2,000No
Bill MonningDCA-27$8,700$0Yes
Jim NielsenRCA-2$4,500$3,000No
Chris NorbyRCA-72$0$1,000No
Ira RuskinDCA-21$0$0Yes
Nancy SkinnerDCA-14$31,600$0Yes
Jose SolorioDCA-69$21,900$0Yes
Tom TorlaksonDCA-11$163,350$0Yes
Alberto TorricoDCA-20$12,494$0Yes

Interest Groups that supported this motion

$ Donated
State & local government employee unions$303,994

Interest Groups that opposed this motion

$ Donated
Fiscal & tax policy$12,000
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