California 2009-2010 Regular Session Status: Passed Assembly 2 D cosponsors

AB 1998 — Solid waste: single-use carryout bags.

Last action — Read third time, passage refused. (Ayes 14. Noes 21. Page 5115.)

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

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 This requirement is repealed on January 1, 2013.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 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.

Bill Text

Action History

  1. Read third time, passage refused. (Ayes 14. Noes 21. Page 5115.)

  2. Ordered to third reading.

  3. From committee: Do pass. (Ayes 7. Noes 3.) (August 31).

  4. Joint Rules 61(b)(15) and 62(a) suspended. (Page 5080.)

  5. Re-referred to Com. on APPR.

  6. Ordered to third reading.

  7. Withdrawn from committee.

  8. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on RLS.

  9. (Ayes 21. Noes 11. Page 4960.)

  10. Senate Rule 29.3(b) suspended.

  11. From committee: Be re-referred to Com. on RLS. Re-referred. (Ayes 11. Noes 0.) (August 12).

  12. In committee: Set, first hearing. Referred to APPR suspense file.

  13. Read second time and amended. Re-referred to Com. on APPR.

  14. From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (June 28).

  15. Referred to Com. on EQ.

  16. In Senate. Read first time. To Com. on RLS. for assignment.

  17. Read third time, passed, and to Senate. (Ayes 42. Noes 27. Page 5518.)

  18. Read second time. To third reading.

  19. Read second time and amended. Ordered returned to second reading.

  20. From committee: Amend, and do pass as amended. (Ayes 11. Noes 5.) (May 28).

  21. In committee: Set, first hearing. Referred to APPR. suspense file.

  22. Re-referred to Com. on APPR.

  23. Read second time and amended.

  24. From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 6. Noes 3.) (April 12).

  25. Re-referred to Com. on NAT. RES.

  26. From committee chair, with author's amendments: Amend, and re-refer to Com. on NAT. RES. Read second time and amended.

  27. In committee: Set, first hearing. Hearing canceled at the request of author.

  28. Referred to Com. on NAT. RES.

  29. From printer. May be heard in committee March 20.

  30. Read first time. To print.

Sponsors

  • Josh Lowenthal · Cosponsor
  • Ammiano · Cosponsor
  • Brownley · Primary
  • Chesbro · Cosponsor
  • De Leon · Cosponsor
  • John A. Perez · Cosponsor
  • DeSaulnier · Cosponsor
  • Evans · Cosponsor
  • Feuer · Cosponsor
  • Hancock · Cosponsor
  • Hill · Cosponsor
  • Leno · Cosponsor
  • Liu · Cosponsor
  • Nava · Cosponsor
  • Pavley · Cosponsor
  • Ruskin · Cosponsor
  • Skinner · Cosponsor
  • Torlakson · Cosponsor
  • Yamada · Cosponsor
  • Josh Lowenthal · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 19 co-sponsors · 102 not signed on · 5 voted No

Sponsors (1)

  • Brownley

Co-sponsors (19)

  • Lowenthal, Josh Democratic
  • Ammiano
  • Chesbro
  • De Leon
  • John A. Perez
  • DeSaulnier
  • Evans
  • Feuer
  • Hancock
  • Hill
  • Leno
  • Liu
  • Nava
  • Pavley
  • Ruskin
  • Skinner
  • Torlakson
  • Yamada
  • Lowenthal, Josh Democratic

Not signed on (102)

102 members have not signed on to this bill.

Show all 102 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Assembly 3rd Reading AB1998 Brownley By Cedillo

Failed 14 Yea · 22 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 132103
Democratic 1100
Republican 0001
Total 142204
% of votes cast 35%55%0%10%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Cedillo — Yea
Corbett — Yea
Leno — Yea
Liu — Yea
Lowenthal — Yea
Pavley — Yea
Florez — Nay
Wyland — Nay
Negrete — Nay
Runner — Nay
Cogdill — Nay
Harman — Nay
Huff — Nay
Correa — Nay
McLeod — Nay
Oropeza — Not Voting
Romero — Nay
Steinberg — Yea
Wiggins — Not Voting
Ashburn — Nay
Ducheny — Nay
Dutton — Nay
Wolk — Nay
Aanestad — Nay
Alquist — Yea
Blakeslee — Not Voting
Hollingsworth — Nay
Kehoe — Yea
Price — Nay
Simitian — Yea
Walters — Nay
Wright — Nay
Emmerson — Nay
DeSaulnier — Yea
Denham — Nay
Calderon, Lisa Democratic Nay
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Not Voting

Official roll call →

Do pass.

Passed 7 Yea · 3 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 7301
Total 7301
% of votes cast 64%27%0%9%
How each member voted (11)
Member Party Vote
Yee — Yea
Ashburn — Nay
Corbett — Yea
Leno — Yea
Price — Yea
Wolk — Yea
Wyland — Not Voting
Alquist — Yea
Kehoe — Yea
Walters — Nay
Emmerson — Nay

Official roll call →

Assembly 3rd Reading AB1998 Brownley Re-Refer

Failed 14 Yea · 20 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 131905
Republican 1000
Democratic 0101
Total 142006
% of votes cast 35%50%0%15%
How each member voted (40)
Member Party Vote
Yee — Nay
Runner — Yea
Lowenthal — Nay
Negrete — Not Voting
Florez — Nay
Hancock — Nay
Cedillo — Nay
Harman — Yea
Huff — Yea
Cogdill — Yea
Dutton — Yea
Ashburn — Yea
Blakeslee — Yea
Leno — Nay
McLeod — Not Voting
Oropeza — Not Voting
Pavley — Nay
Romero — Nay
Simitian — Nay
Steinberg — Nay
Alquist — Nay
Corbett — Nay
Correa — Not Voting
Ducheny — Nay
Walters — Yea
Wolk — Nay
Wright — Nay
Aanestad — Yea
Hollingsworth — Yea
Kehoe — Nay
Liu — Nay
Price — Nay
Wiggins — Not Voting
Wyland — Yea
Emmerson — Yea
DeSaulnier — Nay
Denham — Yea
Calderon, Lisa Democratic Nay
Padilla, Stephen C. Democratic Not Voting
Strickland, Tony Republican Yea

Official roll call →

Be re-referred to the Committee on Rules.

Passed 11 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11000
Total 11000
% of votes cast 100%0%0%0%
How each member voted (11)
Member Party Vote
Yee — Yea
Corbett — Yea
Price — Yea
Alquist — Yea
Ashburn — Yea
Walters — Yea
Wolk — Yea
Kehoe — Yea
Leno — Yea
Wyland — Yea
Emmerson — Yea

Official roll call →

Placed on Appropriations Suspense file.

Passed 10 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 10001
Total 10001
% of votes cast 91%0%0%9%
How each member voted (11)
Member Party Vote
Yee — Yea
Wyland — Yea
Corbett — Yea
Leno — Yea
Price — Yea
Alquist — Yea
Ashburn — Yea
Walters — Not Voting
Kehoe — Yea
Wolk — Yea
Emmerson — Yea

Official roll call →

AB 1998 BROWNLEY Assembly Third Reading

Passed 50 Yea · 28 Nay · 13 Other
Party YeaNayPresentNot Voting
Unaffiliated 4727011
Democratic 2001
Republican 1101
Total 5028013
% of votes cast 55%31%0%14%
How each member voted (91)
Member Party Vote
Hall — Not Voting
Evans — Yea
Feuer — Yea
Furutani — Yea
Galgiani — Yea
Carter — Yea
Chesbro — Yea
Hayashi — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fong — Yea
Bonnie — Yea
Bass — Yea
Beall — Yea
Coto — Yea
Davis — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
John — Yea
A. — Yea
Perez — Yea
Conway — Nay
Cook — Not Voting
Bill — Nay
Tom — Not Voting
Charles — Not Voting
Fuller — Nay
Fletcher — Not Voting
Audra — Not Voting
Gilmore — Nay
Hagman — Nay
Harkey — Nay
Huber — Nay
Anderson — Nay
Blakeslee — Nay
Jeffries — Nay
Lieu — Not Voting
Mendoza — Nay
Miller — Nay
Monning — Yea
Nava — Yea
Norby — Nay
Silva — Not Voting
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Torres — Not Voting
Tran — Nay
Villines — Nay
Adams — Nay
Ammiano — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hernandez — Not Voting
Hill — Yea
Huffman — Yea
Knight — Nay
Logue — Nay
Ma — Yea
Nestande — Nay
Nielsen — Nay
Ruskin — Yea
Smyth — Nay
Swanson — Yea
Torrico — Nay
Emmerson — Nay
Eng — Yea
DeVore — Nay
Yamada — Yea
Fuentes — Yea
Garrick — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Not Voting
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Not Voting
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Not Voting

Official roll call →

Do pass as amended.

Passed 11 Yea · 5 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 11501
Democratic 0001
Total 11502
% of votes cast 61%28%0%11%
How each member voted (18)
Member Party Vote
Fuentes — Yea
Harkey — Nay
Monning — Yea
Charles — Not Voting
Conway — Nay
Nielsen — Nay
Norby — Nay
Ruskin — Yea
Skinner — Yea
Torlakson — Yea
Torrico — Yea
Ammiano — Yea
Bradford — Yea
Miller — Nay
Solorio — Yea
Coto — Yea
Davis — Yea
Calderon, Lisa Democratic Not Voting

Official roll call →

Subjects

environment labor
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Frequently asked questions

What does AB 1998 do?
(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.
Who sponsors AB 1998?
AB 1998 is sponsored by Lowenthal, Josh (Democratic), Ammiano, Brownley, Chesbro, De Leon, John A. Perez, DeSaulnier, Evans, Feuer, Hancock, Hill, Leno, Liu, Nava, Pavley, Ruskin, Skinner, Torlakson, and Yamada.
What is the current status of AB 1998?
This bill died with 2009-2010 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 1998?
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