California 2009-2010 Regular Session Status: In Committee 1 D cosponsors

AB 1141 — Carryout bags.

Last action — From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

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  1. ✓
    Introduced
  2. 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 “In Committee” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

The California Integrated Waste Management Act of 1989, administered by the California Integrated Waste Management Board, among other things, until January 1, 2013, requires the operator of a store, as defined, to establish an at-store recycling program that provides an opportunity for a customer of the store to return to the store clean plastic carryout bags, as defined. The act imposes requirements for that program. The act includes legislative findings and declarations that certain matters concerning plastic carryout bags are matters of statewide interest and concern and generally prohibits a city, county, or other public agency from adopting, implementing, or enforcing specified related ordinances, resolutions, regulations, or rules, unless otherwise authorized. This bill would extend the provisions regarding the at-store recycling program for plastic carryout bags until January 1, 2017, and define the term "single use carryout bag" for those purposes. The bill would require a manufacturer or distributor who sells a plastic carryout bag to a store to make arrangements with the operator, upon the operator's request, for the collection, transport, and recycling of plastic carryout bags and other film plastic collected consistent with the program. The bill would revise the legislative findings and declarations of statewide interest and concern, and related prohibition upon local action, to refer to single use carryout bags, rather than plastic carryout bags. The bill would additionally require that a city, county, or other public agency that adopts, implements, or enforces an ordinance, resolution, regulation, or rule that prohibits the use, import, sale, or distribution of a single use carryout bag not be eligible to receive any moneys from the fees collected pursuant to the act and that the entity provide an alternative to a single use carry out bag to consumers without charging a fee. The bill would require the board to establish a 50% single use carryout bag waste reduction goal by 2014, using 2010 as an initial baseline, to reduce empty single use carryout bags going to landfill or becoming litter. The bill would require the board and others to work to increase the availability of plastic bag recycling and collection programs in areas throughout the state. The bill would require, on and after July 1, 2011, a manufacturer or distributor of a single use carryout bag to pay a single use bag extended producer responsibility fee of $0.001 for each single use carryout bag that it sells directly or indirectly to a store. The bill would prohibit the total fees collected annually from exceeding the total annual costs to the state of administering and implementing certain actions related to single use carryout bags. The bill would require the fee revenue to be expended, upon appropriation by the Legislature, for collecting and processing the fee and administering and implementing certain actions related to single use carryout bags. The bill would require the board to convene an advisory panel to provide guidance and assist the board in determining how the fee revenue should be distributed. The bill would require every plastic carryout bag sold or supplied to a store in the state and provided to a consumer to contain specified percentages of recycled material beginning on July 1, 2011, with the amount increasing on July 1, 2013, and July 1, 2014. The bill would require a single use carryout bag provided to a consumer on and after July 1, 2011, to have printed on it a specified statement concerning recycled content. If a manufacturer is unable to obtain sufficient amounts of recycled post consumer material, the bill would authorize the board to grant the manufacturer an exemption. The bill would require manufacturers to obtain specified information from their suppliers of recycled post consumer material for use in the manufacture of plastic carryout bags, and, on or before June 30, 2012, and annually thereafter, to report to the board specified information concerning carryout bags. The bill would require wholesalers and distributors of single use plastic carryout bags sold in this state, on and after July 1, 2011, to certify to the board the name and physical location of each manufacturer from whom it purchased the carryout bags, together with any other information the board may require. The bill would require the board, on or before December 31, 2012, to survey manufacturers and report back to the Legislature on specified information obtained from those manufacturers. The bill would require the board to refer specified false or misleading information to the Attorney General for prosecution for fraud. The bill would make other related changes.

Bill Text

Action History

  1. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

  2. Died pursuant to Art. IV, Sec. 10(c) of the Constitution.

  3. In committee: Set, first hearing. Held without recommendation.

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

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

  6. Referred to Com. on NAT. RES.

  7. Read first time.

  8. From printer. May be heard in committee March 30.

  9. Introduced. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

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"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.

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Frequently asked questions

What does AB 1141 do?
The California Integrated Waste Management Act of 1989, administered by the California Integrated Waste Management Board, among other things, until January 1, 2013, requires the operator of a store, as defined, to establish an at-store recycling program that provides an opportunity for a customer of the store to return to the store clean plastic carryout bags, as defined. The act imposes requirements for that program. The act includes legislative findings and declarations that certain matters concerning plastic carryout bags are matters of statewide interest and concern and generally prohibits a city, county, or other public agency from adopting, implementing, or enforcing specified related ordinances, resolutions, regulations, or rules, unless otherwise authorized. This bill would extend the provisions regarding the at-store recycling program for plastic carryout bags until January 1, 2017, and define the term "single use carryout bag" for those purposes. The bill would require a manufacturer or distributor who sells a plastic carryout bag to a store to make arrangements with the operator, upon the operator's request, for the collection, transport, and recycling of plastic carryout bags and other film plastic collected consistent with the program. The bill would revise the legislative findings and declarations of statewide interest and concern, and related prohibition upon local action, to refer to single use carryout bags, rather than plastic carryout bags. The bill would additionally require that a city, county, or other public agency that adopts, implements, or enforces an ordinance, resolution, regulation, or rule that prohibits the use, import, sale, or distribution of a single use carryout bag not be eligible to receive any moneys from the fees collected pursuant to the act and that the entity provide an alternative to a single use carry out bag to consumers without charging a fee. The bill would require the board to establish a 50% single use carryout bag waste reduction goal by 2014, using 2010 as an initial baseline, to reduce empty single use carryout bags going to landfill or becoming litter. The bill would require the board and others to work to increase the availability of plastic bag recycling and collection programs in areas throughout the state. The bill would require, on and after July 1, 2011, a manufacturer or distributor of a single use carryout bag to pay a single use bag extended producer responsibility fee of $0.001 for each single use carryout bag that it sells directly or indirectly to a store. The bill would prohibit the total fees collected annually from exceeding the total annual costs to the state of administering and implementing certain actions related to single use carryout bags. The bill would require the fee revenue to be expended, upon appropriation by the Legislature, for collecting and processing the fee and administering and implementing certain actions related to single use carryout bags. The bill would require the board to convene an advisory panel to provide guidance and assist the board in determining how the fee revenue should be distributed. The bill would require every plastic carryout bag sold or supplied to a store in the state and provided to a consumer to contain specified percentages of recycled material beginning on July 1, 2011, with the amount increasing on July 1, 2013, and July 1, 2014. The bill would require a single use carryout bag provided to a consumer on and after July 1, 2011, to have printed on it a specified statement concerning recycled content. If a manufacturer is unable to obtain sufficient amounts of recycled post consumer material, the bill would authorize the board to grant the manufacturer an exemption. The bill would require manufacturers to obtain specified information from their suppliers of recycled post consumer material for use in the manufacture of plastic carryout bags, and, on or before June 30, 2012, and annually thereafter, to report to the board specified information concerning carryout bags. The bill would require wholesalers and distributors of single use plastic carryout bags sold in this state, on and after July 1, 2011, to certify to the board the name and physical location of each manufacturer from whom it purchased the carryout bags, together with any other information the board may require. The bill would require the board, on or before December 31, 2012, to survey manufacturers and report back to the Legislature on specified information obtained from those manufacturers. The bill would require the board to refer specified false or misleading information to the Attorney General for prosecution for fraud. The bill would make other related changes.
Who sponsors AB 1141?
AB 1141 is sponsored by Calderon, Lisa (Democratic).
What is the current status of AB 1141?
This bill died with 2009-2010 Regular Session. It reached “In Committee” 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 1141?
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