SB 270 - Prohibits Retailers from Using Single-Use Carryout Bags - California Key Vote

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Title: Prohibits Retailers from Using Single-Use Carryout Bags

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Title: Prohibits Retailers from Using Single-Use Carryout Bags

Vote Smart's Synopsis:

Vote to concur with House Amendments and to pass a bill that prohibits retailers from providing customers with "single-use carry out bags", effective July 1, 2015.

Highlights:

  • Prohibits a “store” from providing “single-use carryout bags” to customers at the point of sale, beginning July 1, 2015 (Sec. 1). 
  • Prohibits a “store” from selling a reusable grocery bag or recycled paper bag for less than $0.10, beginning July 1, 2015 (Sec. 1).
  • Defines “single-use carryout bag” as a non-reusable bag made of plastic, paper, or other material that is provided by a “store”  to a customer at the point of sale (Sec. 1). 
  • Specifies that the term “single-use carryout bag” does not apply to the following situations (Sec. 1):
    • A bag provided by a pharmacy to a customer purchasing a prescription medication;
    • A nonhandled bag used to protect a purchased item from damaging or contaminating other purchased items;
    • A bag provided to contain an unwrapped food item; and
    • A nonhandled bag that is designed to be placed over articles of clothing on a hanger. 
  • Defines “store” as a retail establishment that meets certain requirements including, but not limited to, the following requirements (Sec. 1):
    • A full line, self-service retail store with gross annual sales of $2 million
    • A retail store with at least 10,000 square feet of retail space that generates sales or use tax and has a licensed pharmacy; or
    • A convenience food store, foodmart, or other entity that is engaged in the retail sale of a limited line of goods and that holds a Type 20 or 21 license issued by the Department of Alcoholic Beverage Control. 
  • Specifies that the provisions of this bill will apply to convenience food stores, foodmarts, and entities engaged in the sale of a limited line of goods, intended to be consumed off the premises, and that hold a Type 20 or 21 license issued by the Department of Alcoholic Beverage Control, beginning July 1, 2016 (Sec. 1). 
  • Requires all revenue generated by the sale of reusable grocery bags and recycled paper bags to be used by retail establishments for the following purposes (Sec. 1):
    • The costs associated with complying with the requirements of this bill;
    • The costs associated with the provision of recycled or reusable paper bags; and
    •  The costs associated with educational materials or an educational campaign encouraging the use of reusable grocery bags.
  • Appropriates $2 million from the Recycling Market Development Revolving Loan Subaccount to the Department of Resources, Recycling, and Recovery to provide loans for job creation, job retention, and the manufacturing and recycling of reusable grocery bags or recycled paper bags (Sec. 1). 
  • Authorizes a city, county, or the state to levy civil liability on violators of the provisions of this bill, punishable by the following fines (Sec. 4):
    • $1,000 for the first violation; 
    • $2,000 for the second violation; and
    • $5,000 for the third and subsequent violations.

See How Your Politicians Voted

Title: Prohibits Retailers from Using Single-Use Carryout Bags

Vote Smart's Synopsis:

Vote to pass a bill that prohibits retailers from providing customers with "single-use carry out bags", beginning July 1, 2015.

Highlights:

  • Prohibits a “store” from providing “single-use carryout bags” to customers at the point of sale, beginning July 1, 2015 (Sec. 1). 
  • Prohibits a “store” from selling a reusable grocery bag or recycled paper bag for less than $0.10, beginning July 1, 2015 (Sec. 1).
  • Defines “single-use carryout bag” as a non-reusable bag made of plastic, paper, or other material that is provided by a “store”  to a customer at the point of sale (Sec. 1). 
  • Specifies that the term “single-use carryout bag” does not apply to the following situations (Sec. 1):
    • A bag provided by a pharmacy to a customer purchasing a prescription medication;
    • A nonhandled bag used to protect a purchased item from damaging or contaminating other purchased items;
    • A bag provided to contain an unwrapped food item; and
    • A nonhandled bag that is designed to be placed over articles of clothing on a hanger. 
  • Defines “store” as a retail establishment that meets certain requirements including, but not limited to, the following requirements (Sec. 1):
    • A full line, self-service retail store with gross annual sales of $2 million
    • A retail store with at least 10,000 square feet of retail space that generates sales or use tax and has a licensed pharmacy; or
    • A convenience food store, foodmart, or other entity that is engaged in the retail sale of a limited line of goods and that holds a Type 20 or 21 license issued by the Department of Alcoholic Beverage Control. 
  • Specifies that the provisions of this bill will apply to convenience food stores, foodmarts, and entities engaged in the sale of a limited line of goods, intended to be consumed off the premises, and that hold a Type 20 or 21 license issued by the Department of Alcoholic Beverage Control, beginning July 1, 2016 (Sec. 1). 
  • Requires all revenue generated by the sale of reusable grocery bags and recycled paper bags to be used by retail establishments for the following purposes (Sec. 1):
    • The costs associated with complying with the requirements of this bill;
    • The costs associated with the provision of recycled or reusable paper bags; and
    •  The costs associated with educational materials or an educational campaign encouraging the use of reusable grocery bags.
  • Appropriates $2 million from the Recycling Market Development Revolving Loan Subaccount to the Department of Resources, Recycling, and Recovery to provide loans for job creation, job retention, and the manufacturing and recycling of reusable grocery bags or recycled paper bags (Sec. 1). 
  • Authorizes a city, county, or the state to levy civil liability on violators of the provisions of this bill, punishable by the following fines (Sec. 4):
    • $1,000 for the first violation; 
    • $2,000 for the second violation; and
    • $5,000 for the third and subsequent violations.

NOTE: THIS VOTE RECONSIDERS A PREVIOUS VOTE.

See How Your Politicians Voted

Title: Prohibits Retailers from Using Single-Use Carryout Bags

Vote Smart's Synopsis:

Vote to pass a bill that prohibits retailers from providing customers with "single-use carry out bags", beginning July 1, 2015.

Highlights:

  • Prohibits a “store” from providing “single-use carryout bags” to customers at the point of sale, beginning July 1, 2015 (Sec. 1). 
  • Prohibits a “store” from selling a reusable grocery bag or recycled paper bag for less than $0.10, beginning July 1, 2015 (Sec. 1).
  • Defines “single-use carryout bag” as a non-reusable bag made of plastic, paper, or other material that is provided by a “store”  to a customer at the point of sale (Sec. 1). 
  • Specifies that the term “single-use carryout bag” does not apply to the following situations (Sec. 1):
    • A bag provided by a pharmacy to a customer purchasing a prescription medication;
    • A nonhandled bag used to protect a purchased item from damaging or contaminating other purchased items;
    • A bag provided to contain an unwrapped food item; and
    • A nonhandled bag that is designed to be placed over articles of clothing on a hanger. 
  • Defines “store” as a retail establishment that meets certain requirements including, but not limited to, the following requirements (Sec. 1):
    • A full line, self-service retail store with gross annual sales of $2 million
    • A retail store with at least 10,000 square feet of retail space that generates sales or use tax and has a licensed pharmacy; or
    • A convenience food store, foodmart, or other entity that is engaged in the retail sale of a limited line of goods and that holds a Type 20 or 21 license issued by the Department of Alcoholic Beverage Control. 
  • Specifies that the provisions of this bill will apply to convenience food stores, foodmarts, and entities engaged in the sale of a limited line of goods, intended to be consumed off the premises, and that hold a Type 20 or 21 license issued by the Department of Alcoholic Beverage Control, beginning July 1, 2016 (Sec. 1). 
  • Requires all revenue generated by the sale of reusable grocery bags and recycled paper bags to be used by retail establishments for the following purposes (Sec. 1):
    • The costs associated with complying with the requirements of this bill;
    • The costs associated with the provision of recycled or reusable paper bags; and
    •  The costs associated with educational materials or an educational campaign encouraging the use of reusable grocery bags.
  • Appropriates $2 million from the Recycling Market Development Revolving Loan Subaccount to the Department of Resources, Recycling, and Recovery to provide loans for job creation, job retention, and the manufacturing and recycling of reusable grocery bags or recycled paper bags (Sec. 1). 
  • Authorizes a city, county, or the state to levy civil liability on violators of the provisions of this bill, punishable by the following fines (Sec. 4):
    • $1,000 for the first violation; 
    • $2,000 for the second violation; and
    • $5,000 for the third and subsequent violations.

Title: Prohibits Retailers from Using Single-Use Carryout Bags

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