AB 1371 — Recycling: plastic: packaging and carryout bags.

Summary

(1) The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, generally regulates the disposal, management, and recycling of solid waste, including, among other solid waste, single-use plastic straws. This bill would prohibit an online retailer that sells or offers for sale and ships purchased products in or into the state from using single-use plastic packaging that consists of shipping envelopes, cushioning, or void fill to package or transport the products, on and after January 1, 2023, for large online retailers, as defined, and on and after January 1, 2025, for small online retailers, as defined. The bill would prohibit a manufacturer, retailer, producer, or other distributor that sells or offers for sale and ships purchased products in or into the state from using expanded polystyrene packaging to package or transport the products, except televisions, printers, computer screens, and large appliances until January 1, 2023. The bill would require an online retailer that provides lockers for the secure pickup of purchased products to provide a collection bin near the lockers for the purpose of collecting and recycling plastic film and expanded polystyrene packaging. The bill would require an online retailer to maintain records describing the collection, transport, and recycling of plastic film and expanded polystyrene packaging pursuant to that provision for one year and to make the records available to the department and the local jurisdiction, upon request. The bill would make the locker collection bin requirement inoperative on January 1, 2025, except for the records provision, and would repeal that requirement, including the records provision, as of January 1, 2026. The bill would make a violation of the foregoing requirements subject to civil penalties and would require penalties collected by the Attorney General to be deposited into the Plastic Packaging Reduction Penalty Account, which the bill would create, for expenditure by the Attorney General, upon appropriation by the Legislature, to enforce those requirements. (2) Existing law prohibits stores, including convenience food stores, foodmarts, and other specified entities that have a specified amount of sales in dollars or retail floor space, from providing a single-use carryout bag to a customer and prohibits those stores from selling or distributing a recycled paper bag at the point of sale unless the store makes the bag available for purchase for not less than $0.10. This bill would establish the At-Store Recycling Program. The bill would require an operator of a store, as defined, to establish an at-store recycling program that provides customers the opportunity to return clean plastic carryout bags and clean durable plastic bags to the store. The bill would require a plastic carryout bag or a durable plastic bag provided by a store to have specified information printed or displayed on the bag, and would require the placement of a collection bin in each store that is visible and easily accessible to the consumer. The bill would require a store to maintain records describing the collection, transport, and recycling of plastic bags pursuant to these provisions for 3 years and to make the records available to the department and the local jurisdiction, upon request. The bill would make a violation of these requirements subject to civil penalties and would require penalties collected by the Attorney General to be deposited into the At-Store Recycling Program Penalty Account, which the bill would create, for expenditure by the Attorney General, upon appropriation by the Legislature, to enforce those requirements. The bill would make these requirements, except for the records and civil penalty provisions, inoperative on January 1, 2030, and would repeal the provisions, including the records and civil penalty provisions, as of January 1, 2033.

Bill Text

• Amended 05/24/21 - Amended Assembly Current pdf May 24, 2021
• Amended 04/21/21 - Amended Assembly pdf April 21, 2021
• Amended 04/07/21 - Amended Assembly pdf April 07, 2021
• Amended 03/25/21 - Amended Assembly pdf March 25, 2021
• Introduced 02/19/21 - Introduced pdf February 19, 2021
• AB1371 View text html

Action History

1. June 03, 2021

   Read third time. Refused passage. (Ayes 36. Noes 28. Page 1908.).

2. June 03, 2021

   Reconsideration granted. (Page 1904.)

3. June 02, 2021

   Motion to reconsider made by Assembly Member Friedman.

4. June 02, 2021

   Read third time. Refused passage. (Ayes 36. Noes 21. Page 1861.).

5. May 25, 2021

   Read second time. Ordered to third reading.

6. May 24, 2021

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

7. May 20, 2021

   From committee: Amend, and do pass as amended. (Ayes 12. Noes 4.) (May 20).

8. May 12, 2021

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

9. April 22, 2021

   Re-referred to Com. on APPR.

10. April 21, 2021

    Read second time and amended.

11. April 20, 2021

    From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 2.) (April 20).

12. April 14, 2021

    From committee: Do pass and re-refer to Com. on JUD. (Ayes 8. Noes 3.) (April 14). Re-referred to Com. on JUD.

13. April 08, 2021

    Re-referred to Com. on NAT. RES.

14. April 07, 2021

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

15. March 26, 2021

    Re-referred to Com. on NAT. RES.

16. March 25, 2021

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

17. March 25, 2021

    Referred to Coms. on NAT. RES. and JUD.

18. February 22, 2021

    Read first time.

19. February 20, 2021

    From printer. May be heard in committee March 22.

20. February 19, 2021

    Introduced. To print.

Sponsors

• Friedman · Primary
• Ting · Cosponsor
• Bloom · Cosponsor
• Ash Kalra · Cosponsor
• Benjamin Allen · Cosponsor
• Jeff Gonzalez · Cosponsor
• Henry I. Stern · Cosponsor
• Quirk · Cosponsor
• Scott D. Wiener · Cosponsor
• Juan Carrillo · Cosponsor
• Robert Rivas · Cosponsor
• Mark Stone · Cosponsor

Votes

Subjects