2014 California Legislation

Details

Prohibits stores from distributing single-use carryout bags.

Would allow the distribution of recycled paper bags (and, in some areas, compostable bags) as long as they are sold for at least 10¢ each.

The requirements only apply to stores of a certain size or sales volume; however, any store could voluntarily comply with the regulations.

Reusable grocery bags sold under these regulations must be made by certified manufacturers and meet certain requirements including recycled material content. Manufacturers would be required to pay a fee to obtain their certification.

Establishes penalties for noncompliance.

Establishes a grant/loan program to support the manufacture and recycling of plastic reusable grocery bags that use recycled content.

Progress

2014
June 18 Set, first hearing. Referred to  APPR. suspense file.
May 20  Read second time and amended. Re-referred to Com. on  APPR.
May 19  From committee: Do pass as amended and re-refer to Com. on  APPR.
        (Ayes  5. Noes  3.) (May  14).
Apr. 21 From committee: Be re-referred to Com. on  NAT. RES. (Ayes  9. Noes
        0.) (April  21). Re-referred to Com. on  NAT. RES.
Mar. 27 From committee with author's amendments. Read second time and
        amended. Re-referred to Com. on  RLS.  (Corrected April 2.)
Feb. 10 Re-referred to Com. on  RLS.
Feb. 6  From committee with author's amendments. Read second time and
        amended. Re-referred to Com. on  L. & E.
2013
Aug. 5  Set, first hearing. Hearing canceled at the request of author.
June 27 Hearing postponed by committee.
May 16  Referred to Com. on  L. & E.
Apr. 29 In Assembly.  Read first time.  Held at Desk.
Apr. 29 Read third time. Passed. (Ayes 37. Noes  0. Page 712.) Ordered to
        the Assembly.
Apr. 24 Ordered to special consent calendar.
Apr. 23 Read second time. Ordered to third reading.
Apr. 22 From committee:  Be placed on second reading file pursuant to Senate
        Rule 28.8.
Apr. 12 Set for hearing April  22.
Apr. 10 From committee: Do pass and re-refer to Com. on  APPR. (Ayes  4.
        Noes  0. Page 486.) (April  10). Re-referred to Com. on  APPR.
Mar. 19 Set for hearing April  10.
Feb. 28 Referred to Com. on  L. & I.R.
Feb. 15 From printer. May be acted upon on or after March  17.
Feb. 14 Introduced.  Read first time.  To Com. on RLS. for assignment.  To
        print.

Track this bill

Details

On March 12, 2014, the Joint Legislative Audit Committee approved an audit of the Beverage Container Recycling Program within the Department of Resources, Recycling and Recovery (CalRecycle). The California State Auditor will perform the audit.
According to the audit request from Senators Cathleen Galgiani and Ricardo Lara, the audit should answer the following  questions:

1. What is the financial condition of the program?
2. Does the program have adequate protocols and practices to identify distributors and redemption amounts as well as effective collection practices?
3. How effective is the department’s oversight of distributors, including the adequacy and timeliness

of the audits and subsequent collection of redemption  deposits?

1. How effective are the policies and practices to combat fraud in the program, and does the program employ practices to prevent, detect and deter fraud?
2. Identify any program improvements to increase revenues and reduce costs and expenditures without raising distributors’ fees.
3. Evaluate the effectiveness of any changes made from recommendations in the September 2012 audit report by the State Auditors Office. Also, determine the status of implementing outstanding recommendations.

 

Details

This bill proposes many changes to the existing California redemption system, but the most significant is the establishment of a takeback system for beverages not covered by a deposit.

The existing legislation defines many types of liquids as beverages, but only requires a deposit on those packaged in certain containers. Beverages in other container types (notably aseptic packages) would be defined by this bill as "regulated beverages."

The bill requires distributors to come up with a plan for takeback and recycling of regulated beverages, and to meet an 80% recycling rate. Distributors who choose not to implement their own takeback system are required instead to pay a redemption payment into a new Voluntary Beverage Container Fund, which would be used to pay refunds on those containers (known as voluntary beverage containers) and to administer the system. Voluntary beverage containers would be subject to the same deposit and refund system as other beverage containers accepted in the existing law.

In addition, Distributors would also pay an annual fee into the Regulated Beverage Account, which would be used to fund the system.

The containers these beverages are sold in must be at least 35% postconsumer content.

This bill also proposes several administrative changes, especially regarding rates and fees and the operations of recycling centers.

The first Budget Change Proposal, “Increase Beverage Container Recycling Revenue through increased Audit Coverage,” would hire five auditors for three-year limited term positions, with a cost of $566,000 per year. CalRecycle projects this effort will bring in $2.5 million over a three-year period, or $837,000 per year, net of staff expenses.  This proposal was approved by budget sub-committees in both the State Assembly and Senate.
CalRecycle’s second proposal, “Beverage Container Recycling Program Reform Phase II: Sustainably Reducing the Structural Operating Deficit,” proposes the following changes: (1) a three-year phase-out of pro-

Processing fee offsets (meaning that beverage manufacturers would begin paying full amounts of processing fees, a $60 million annual increase); (2) eliminate administrative fee payments to recyclers and processors ($26 million per year); (3) eliminate city and county payments ($10.5 million/year) and create new $7 million Recycling Enforcement Grant Program; (4) diversify funding for local conservation corps (across the beverage, tire and used oil recycling programs); (5) eliminate payments to curbside programs of $15 million/year; (6) cut handling fees to redemption centers by $7.4 million per year by limiting payments to $1,700 per site; (7) add 12 new staff to administer new Recycling Enforcement Grant Program and analyze new data from distributors at a cost of $1.5 million.  This proposal is being “held open” by the budget committees.
The third proposal, dated January 7, 2014 and  titled, “Initial Transition for Support of DORIIS from Contractor to State Staffing,” requests that two limitedterm staff positions (at a total cost of $280,000) be created in FY 2014/15 to plan and prepare for the eventual transition of CalRecycle’s primary automated information system (known as DORIIS) from contractors to State staff resources. The new staff would also be responsible for developing technical training and information to bring other CalRecycle IT Services staff up to speed on the DORIIS technical environment. By bringing DORIIS in-house, the proposal estimates CalRecycle will yield an annual savings of $250,000.  This proposal was recently approved by the two budget sub-committees. More detailed summaries of these budget change proposals can be found in the CRI Letters and Briefings section of www.container-reycling.org. See  http://www.calrecycle.ca.gov/Temp/201415BCPs/    for the original text of each proposal.

San Francisco: A CA State Appeals Court Upholds City’s Single-Use Plastic Bag Ban

A state appeals court has issued a ruling upholding San Francisco's ban on single-use plastic bags as precedent for future cases. The ordinance, passed by the Board of Supervisors in February 2012, applies to all retail stores and food establishments, expanding a narrower 2007 law that covered supermarkets and pharmacies. It prohibits plastic bags that can be used only once and requires the stores to charge 10 cents for recyclable paper bags. It took effect for all retail stores on October 1, 2012 and for all food establishments on October 1, 2013. Similar measures are in effect in about 50 cities and counties in California and have survived legal challenges.