California 2013-2014 Regular Session Status: Passed Senate 1 D cosponsors

SB 405 — Solid waste: single-use carryout bags.

Last action — Died on file pursuant to Joint Rule 56.

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

This bill died with 2013-2014 Regular Session. It reached “Passed Senate” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

Existing law, until January 1, 2020, 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. With specified exceptions, this bill, as of January 1, 2015, would prohibit stores that have a specified amount of dollar sales or retail floor space from providing a single-use carryout bag to a customer. The bill, on and after July 1, 2016, would additionally impose this prohibition on convenience food stores, foodmarts, and certain other specified stores. The bill would require all of these stores to meet other specified requirements regarding providing recycled paper bags, compostable bags, or reusable grocery bags to customers. The bill would require a reusable grocery bag that a store is required to sell on and after July 1, 2016, to meet specified requirements. A violation of that requirement and the requirements that would be imposed upon grocery bag producers to submit certain laboratory test results would be subject to an administrative civil penalty assessed by the Department of Resources Recycling and Recovery. The department would be required to deposit these penalties into the Reusable Bag Account, which would be created in the Integrated Waste Management Fund, for expenditure by the department, upon appropriation by the Legislature, to implement those requirements. The bill would allow a city, county, or city and county, or the state to impose civil penalties for a violation of the bill's 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. The bill would provide that these remedies are not exclusive, as specified. The bill would declare that it occupies the whole field of the regulation of reusable grocery bags, single-use carryout bags, and recycled paper bags and would prohibit a local public agency, on and after January 1, 2014, from enforcing or implementing an ordinance, resolution, regulation, or rule adopted on or after September 1, 2013, relating to those bags, unless expressly authorized. The bill would allow a local public agency that has adopted such an ordinance, resolution, regulation, or rule prior to September 1, 2013, to continue to enforce and implement that ordinance, resolution, regulation, or rule, but would require any amendments to that ordinance, resolution, regulation, or rule to be subject to state preemption.

Bill Text

Action History

  1. Died on file pursuant to Joint Rule 56.

  2. Ordered to inactive file on request of Senator Padilla.

  3. Reconsideration granted. (Ayes 38. Noes 0. Page 1204.)

  4. Motion to reconsider made by Senator Padilla.

  5. Read third time. Refused passage. (Ayes 18. Noes 17. Page 1204.)

  6. Read second time and amended. Ordered to third reading.

  7. From committee: Do pass as amended. (Ayes 4. Noes 3. Page 1013.) (May 23).

  8. Set for hearing May 23.

  9. Placed on APPR. suspense file.

  10. Set for hearing April 29.

  11. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 3. Page 565.) (April 17). Re-referred to Com. on APPR.

  12. Set for hearing April 17.

  13. From committee with author's amendments. Read second time and amended. Re-referred to Com. on E.Q.

  14. Hearing postponed by committee.

  15. Set for hearing April 3.

  16. Referred to Com. on E.Q.

  17. From printer. May be acted upon on or after March 23.

  18. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 120 not signed on · 3 voted No

Sponsors (1)

Co-sponsors (1)

  • Leno

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"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

3rd Reading

Failed 18 Yea · 17 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 161604
Democratic 2100
Total 181704
% of votes cast 46%44%0%10%
How each member voted (39)
Member Party Vote
Anderson — Nay
Block — Yea
Huff — Nay
Liu — Yea
Pavley — Yea
Roth — Yea
Torres — Nay
Walters — Nay
Wright — Not Voting
Emmerson — Nay
Cannella — Nay
Galgiani — Yea
Hernandez — Yea
Hill — Yea
Knight — Nay
Beall — Yea
Corbett — Yea
Lara — Nay
Leno — Yea
Lieu — Yea
Monning — Yea
Nielsen — Nay
Steinberg — Yea
Wyland — Nay
De León — Nay
Hueso — Not Voting
Price — Not Voting
Wolk — Not Voting
Correa — Nay
Evans — Yea
DeSaulnier — Yea
Fuller — Nay
Yee — Nay
Hancock — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Calderon, Lisa Democratic Nay
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

3rd Reading SB405 Padilla Reconsider

Passed 38 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 35001
Democratic 3000
Total 38001
% of votes cast 97%0%0%3%
How each member voted (39)
Member Party Vote
Block — Yea
Hill — Yea
Knight — Yea
Price — Yea
Roth — Yea
Wright — Not Voting
Emmerson — Yea
Wyland — Yea
Cannella — Yea
De León — Yea
Evans — Yea
Corbett — Yea
Fuller — Yea
Galgiani — Yea
Correa — Yea
Hancock — Yea
Hernandez — Yea
Hueso — Yea
Anderson — Yea
Beall — Yea
DeSaulnier — Yea
Huff — Yea
Lara — Yea
Leno — Yea
Lieu — Yea
Liu — Yea
Monning — Yea
Nielsen — Yea
Pavley — Yea
Steinberg — Yea
Torres — Yea
Walters — Yea
Wolk — Yea
Yee — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Calderon, Lisa Democratic Yea
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

Do pass as amended.

Passed 4 Yea · 3 Nay
Party YeaNayPresentNot Voting
Unaffiliated 3300
Democratic 1000
Total 4300
% of votes cast 57%43%0%0%
How each member voted (7)
Member Party Vote
Steinberg — Yea
De León — Yea
Hill — Yea
Lara — Nay
Walters — Nay
Beth Gaines — Nay
Padilla, Stephen C. Democratic Yea

Official roll call →

Subjects

environment
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Frequently asked questions

What does SB 405 do?
Existing law, until January 1, 2020, 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. With specified exceptions, this bill, as of January 1, 2015, would prohibit stores that have a specified amount of dollar sales or retail floor space from providing a single-use carryout bag to a customer. The bill, on and after July 1, 2016, would additionally impose this prohibition on convenience food stores, foodmarts, and certain other specified stores. The bill would require all of these stores to meet other specified requirements regarding providing recycled paper bags, compostable bags, or reusable grocery bags to customers. The bill would require a reusable grocery bag that a store is required to sell on and after July 1, 2016, to meet specified requirements. A violation of that requirement and the requirements that would be imposed upon grocery bag producers to submit certain laboratory test results would be subject to an administrative civil penalty assessed by the Department of Resources Recycling and Recovery. The department would be required to deposit these penalties into the Reusable Bag Account, which would be created in the Integrated Waste Management Fund, for expenditure by the department, upon appropriation by the Legislature, to implement those requirements. The bill would allow a city, county, or city and county, or the state to impose civil penalties for a violation of the bill's 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. The bill would provide that these remedies are not exclusive, as specified. The bill would declare that it occupies the whole field of the regulation of reusable grocery bags, single-use carryout bags, and recycled paper bags and would prohibit a local public agency, on and after January 1, 2014, from enforcing or implementing an ordinance, resolution, regulation, or rule adopted on or after September 1, 2013, relating to those bags, unless expressly authorized. The bill would allow a local public agency that has adopted such an ordinance, resolution, regulation, or rule prior to September 1, 2013, to continue to enforce and implement that ordinance, resolution, regulation, or rule, but would require any amendments to that ordinance, resolution, regulation, or rule to be subject to state preemption.
Who sponsors SB 405?
SB 405 is sponsored by Leno and Padilla, Stephen C. (Democratic).
What is the current status of SB 405?
This bill died with 2013-2014 Regular Session. It reached “Passed Senate” 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 SB 405?
Track SB 405 free on One Click Politics — get push/email alerts when it moves.

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