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AGENDA BILL Agenda Item No. 5(H) Date: May 7, 2013 To: El Cerrito City Council From: Garth Schultz, Environmental Analyst Subject: Support for Senate Bill 405 and Assembly Bill 158 – Single-Use Carryout Bags ACTION REQUESTED Approve a recommendation authorizing Mayor Lyman to sign letters expressing the City Council’s support of Senate Bill 405 (Padilla) and Assembly Bill 158 (Levine), regulating the distribution of single-use carryout bags; and direct the City Clerk to send the letters to Senator Padilla and Levine and other appropriate legislators and legislative bodies. BACKGROUND & ANALYSIS Since 2010, the El Cerrito Environmental Quality Committee (EQC), the West County Integrated Waste Management Authority (RecycleMore) and the City Council have regularly expressed interest in local, regional, and state-wide regulation of single-use carryout bags, including plastic bags. In August 2010, the EQC recommended, and the Council authorized the Mayor to send letters of support for AB1998 (Brownley) – the Plastic Bag Ban, which ultimately was refused passage in the legislature. On August 19, 2011 the Council adopted Resolution No. 2011-68, which demonstrated the City Council’s support of a regional approach to the development, and potential implementation of, a single-use bag ordinance by RecycleMore. Since then, RecycleMore has drafted a model ordinance for potential consideration by its member agencies, and performed environmental impact analysis under the California Environmental Quality Act. On April 11, 2013 RecycleMore certified an Environmental Impact Report (EIR) for the draft ordinance, which may be used by the member agencies that opt to consider adoption of the draft ordinance. Staff presently expects that Council consideration of a draft El Cerrito Single-Use Bag Ordinance will occur in July, 2013, following a community engagement and outreach process. Even among cities with local regulations for single-use bags, there is an understanding that a state-wide approach that creates a uniform policy, with regulatory certainty for businesses and consumers, is more ideal than a piecemeal community-by-community approach to the issues attributed to the use of single-use bags. Comprehensively addressing single-use bags and encouraging consumers to use reusable bags has the most potential to minimize the problems related to single-use carryout bag state-wide – including litter on streets and in waterways, waste sent to landfills, and inefficiencies in recyclables processing. ---PAGE BREAK--- Agenda Item No. S(H) Because of the timing related to the need for these letters of support, staff was unable to obtain a recommendation from the EQC recommending Council authorization to send such letters. However, the EQC has been briefed on this topic, and as previously noted, has voiced previous support of statewide legislation regulating single use bags. FINANCIAL CONSIDERATIONS There is no financial obligation associated with the requested action. Scott Hanin, City Manager Attachments: 1. SB405 and AB158 Support Letters 2. Legislative information for SB 405 3. Legislative information for AB 158 Page 2 ---PAGE BREAK--- OFFICE OF THE MAYOR Gregory B. Lyman CITY HALL 10890 San Pablo Avenue, El Cerrito, CA 94530 Telephone (510) 215-4305 Fax (510) 215-4319 http://www.el-cerrito.org May 7, 2013 Honorable Senator Alex Padilla State Capitol, Room 4038 Sacramento, CA 95814-4900 RE: Support for Senate Bill 405 - Single-Use Carryout Bags Dear Senator Padilla: On behalf of the El Cerrito City Council, I am writing to express the Council’s support for SB 405, as written on February 20, 2013. SB 405 will establish a comprehensive statewide ban on single-use plastic carryout bags at supermarkets, retail pharmacies, and convenience stores throughout the state. The City of El Cerrito is concerned about the deleterious effects of this problematic constituent of our waste stream. We are not alone, as over sixty municipalities including the County of Los Angeles, City of San Jose, San Luis Obispo County, San Francisco City and County, and the City of Long Beach have adopted single use bag bans. Dozens of others municipalities, like the City of Los Angeles, are working toward bans within their communities. The plethora of bans throughout the State, each of which are a bit different from other neighboring communities, creates a difficult problem for retail businesses; as no consistency exists on a statewide or regional basis. Rather than taking a piecemeal community-by-community approach, SB 405 will create a uniform policy, and regulatory certainty for businesses and consumers. The City of El Cerrito agrees with others, including retailers, that comprehensively addressing single-use bags and encouraging consumers to use reusable bags, is the most sustainable alternative. Moreover, this bill will make headway in reducing the number of single-use bags that cause pollution and unwanted environmental consequences. Finally, we suggest that you consider combining this bill with a similar effort, Assembly Bill 158 (Levine). Sincerely, Gregory B. Lyman Mayor cc: Honorable Senator Mark DeSaulnier Honorable Assembly Members Susan Bonilla, Joan Buchanan, Jim Frazier and Nancy Skinner ---PAGE BREAK--- OFFICE OF THE MAYOR Gregory B. Lyman CITY HALL 10890 San Pablo Avenue, El Cerrito, CA 94530 Telephone (510) 215-4305 Fax (510) 215-4319 http://www.el-cerrito.org May 7, 2013 Assembly Member Marc Levine PO Box 942849, Room 2137 Sacramento, CA 94249-0010 RE: Support for Assembly Bill 158 - Single-Use Carryout Bags Dear Assembly Member Levine: On behalf of the El Cerrito City Council, I am writing to express the Council’s support of AB 158, as written on January 22, 2013. AB 158 will establish a comprehensive statewide ban on single-use plastic carryout bags at supermarkets, retail pharmacies, and convenience stores throughout the state. The City of El Cerrito is concerned with the deleterious effects of this problematic constituent of our waste stream. We are not alone, as over sixty municipalities including the County of Los Angeles, City of San Jose, San Luis Obispo County, San Francisco City and County, and the City of Long Beach have adopted single use bag bans. Dozens of other municipalities, like the City of Los Angeles, are working toward bans within their communities. The plethora of bans throughout the State, each of which are a bit different from other neighboring communities, creates a difficult problem for retail businesses; as no consistency exists on a statewide or regional basis. Rather than taking a piecemeal community-by-community approach, AB 158 will create a uniform policy, and regulatory certainty for businesses and consumers. The City of El Cerrito agrees with others, including retailers, that comprehensively addressing single-use bags and encouraging consumers to use reusable bags, is the most sustainable alternative. Moreover, this bill will make headway in reducing the number of single-use bags that cause pollution and unwanted environmental consequences. Finally, we would suggest that you consider combining this bill with a similar effort, Senate Bill 405 (Padilla). Sincerely, Gregory B. Lyman Mayor cc: Honorable Senator Mark De Saulnier Honorable Assembly Members Susan Bonilla, Joan Buchanan, Jim Frazier and Nancy Skinner ---PAGE BREAK--- Agenda Item No. 5(H) Attachment 2 SB 405 Assembly Bill - Status CURRENT BILL STATUS MEASURE : S.B. No. 405 AUTHOR(S) : Padilla. TOPIC : Solid waste: single-use carryout bags. HOUSE LOCATION : SEN +LAST AMENDED DATE : 04/02/2013 TYPE OF BILL : Active Non-Urgency Non-Appropriations Majority Vote Required Non-State-Mandated Local Program Fiscal Non-Tax Levy LAST HIST. ACT. DATE: 04/19/2013 LAST HIST. ACTION : Set for hearing April 29. COMM. LOCATION : SEN APPROPRIATIONS HEARING DATE : 04/29/2013 TITLE : An act to add Chapter 5.3 (commencing with Section 42280) to Part 3 of Division 30 of, and to repeal Section 42285 of, the Public Resources Code, relating to solid waste. ---PAGE BREAK--- file:///HI/...2013/5H%20Support%20SB405%20and%20AB158%20-%20Att%202%20SB%20405%20Assembly%20Bill%20-%20History.txt[5/2/2013 10:18:58 AM] SB 405 Senate Bill - History COMPLETE BILL HISTORY BILL NUMBER : S.B. No. 405 AUTHOR : Padilla TOPIC : Solid waste: single-use carryout bags. TYPE OF BILL : Active Non-Urgency Non-Appropriations Majority Vote Required Non-State-Mandated Local Program Fiscal Non-Tax Levy BILL HISTORY 2013 Apr. 19 Set for hearing April 29. Apr. 17 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. Apr. 2 From committee with author's amendments. Read second time and amended. Re-referred to Com. on E.Q. Set for hearing April 17. Mar. 27 Hearing postponed by committee. Mar. 19 Set for hearing April 3. Feb. 28 Referred to Com. on E.Q. Feb. 21 From printer. May be acted upon on or after March 23. Feb. 20 Introduced. Read first time. To Com. on RLS. for assignment. To print. Agenda Item No. 5(H) Attachment 2 ---PAGE BREAK--- AMENDED IN SENATE APRIL 2, 2013 SENATE BILL No. 405 Introduced by Senator Padilla February 20, 2013 An act to add Chapter 5.3 (commencing with Section 42280) to Part 3 of Division 30 of, and to repeal Section 42285 of, the Public Resources Code, relating to solid waste. legislative counsel’s digest SB 405, as amended, Padilla. Solid waste: single-use carryout bags. 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, as of January 1, 2015, 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 would require these stores to meet other specified requirements regarding providing recycled paper bags, compostable bags, or reusable grocery bags to customers. The bill, on and after July 1, 2016, would, on and after July 1, 2016, additionally impose these prohibitions and requirements on convenience food stores, foodmarts, and certain other specified stores. The bill would, beginning January 1, 2016, 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 bag that a store is 98 Agenda Item No. 5(H) Attachment 2 ---PAGE BREAK--- required to sell on and after July 1, 2016, to meet 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 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 Department of Resources Recycling and Recovery. The department would be required to deposit these penalties into the Penalty Subaccount, Reusable Bag Account, which the bill would create in the Reusable Bag Account be created in the Integrated Waste Management Fund, for expenditure by the department, upon appropriation by the Legislature, to implement the certification those requirements. The bill would require the department, by January 1, 2017, 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, 2018. 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, 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. The bill would provide that these remedies are not exclusive, as specified. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. The people of the State of California do enact as follows: line 1 SECTION 1. Chapter 5.3 (commencing with Section 42280) line 2 is added to Part 3 of Division 30 of the Public Resources Code, to line 3 read: 98 — 2 — SB 405 ---PAGE BREAK--- line 1 Chapter 5.3. Single-use Carryout Bags line 2 line 3 Article 1. Definitions line 4 line 5 42280. For purposes of this chapter, the following definitions line 6 shall apply: line 7 “Department” means the Department of Resources Recycling line 8 and Recovery. line 9 “Postconsumer recycled material” means a material that line 10 would otherwise be destined for solid waste disposal, having line 11 completed its intended end use and product life cycle. line 12 Postconsumer recycled material does not include materials and line 13 byproducts generated from, and commonly reused within, an line 14 original manufacturing and fabrication process. line 15 “Recycled paper bag” means a paper carryout bag provided line 16 by a store to a customer at the point of sale that meets all of the line 17 following requirements: line 18 Except as provided in subparagraph the paper line 19 carryout bag contains a minimum of 40 percent postconsumer line 20 recycled materials. line 21 An eight pound or smaller recycled paper bag shall contain line 22 a minimum of 20 percent postconsumer recycled material. line 23 Is accepted for recycling in curbside programs in a majority line 24 of households that have access to curbside recycling programs in line 25 the state. line 26 Is capable of composting, consistent with the timeline and line 27 specifications of the American Society of Testing and Materials line 28 (ASTM) Standard Specification for Compostable Plastics D6400. line 29 line 30 Has printed on the bag the name of the manufacturer, the line 31 location (country) country where the bag was manufactured, and line 32 the minimum percentage of postconsumer content. line 33 “Reusable grocery bag” on or before June 30, 2016, line 34 means either of the following: line 35 A bag made of cloth or other machine washable fabric that line 36 has handles. line 37 A durable plastic bag with handles that is at least 2.25 mils line 38 thick and specifically designed for multiple reuses. line 39 98 SB 405 — 3 — ---PAGE BREAK--- line 1 “Reusable grocery bag” on and after July 1, 2016, means a line 2 bag that meets the requirements of Section 42283 42281. line 3 “Reusable grocery bag producer” means a person or entity line 4 that does any of the following: line 5 Manufactures reusable grocery bags for sale or distribution line 6 to a store. line 7 Imports reusable grocery bags into this state, for sale or line 8 distribution to a store. line 9 Sells or distributes reusable bags to a store. line 10 “Single-use carryout bag” means a bag made of plastic, line 11 paper, or other material, that is provided by a store to a customer line 12 at the point of sale and that is not a recycled paper bag or a line 13 reusable grocery bag that meets the requirements of Section 42283, line 14 on and after July 1, 2016, and paragraph of subdivision of line 15 this section on or before June 30, 2016 42281. line 16 A single-use carryout bag does not include either of the line 17 following: line 18 A bag provided by a pharmacy pursuant to Chapter 9 line 19 (commencing with Section 4000) of Division 2 of the Business line 20 and Professions Code to a customer purchasing a prescription line 21 medication. line 22 A nonhandled bag used to protect a purchased item from line 23 damaging or contaminating other purchased items when placed in line 24 a recycled paper bag or reusable grocery bag. line 25 “Store” means a retail establishment that meets any of the line 26 following requirements: line 27 A full-line, self-service retail store with gross annual sales line 28 of two million dollars ($2,000,000), or more, and which that sells line 29 a line of dry grocery groceries, canned goods, or nonfood items, line 30 and some perishable items. line 31 Has at least 10,000 square feet of retail space that generates line 32 sales or use tax pursuant to the Bradley-Burns Uniform Local Sales line 33 and Use Tax Law (Part 1.5 (commencing with Section 7200) of line 34 Division 2 of the Revenue and Taxation Code) and has a pharmacy line 35 licensed pursuant to Chapter 9 (commencing with Section 4000) line 36 of Division 2 of the Business and Professions Code. line 37 Is a convenience food store, foodmart, or other entity that line 38 is engaged in the retail sale of a limited line of goods, generally line 39 including milk, bread, soda, and snack foods, and that holds a Type 98 — 4 — SB 405 ---PAGE BREAK--- line 1 20 or Type 21 license issued by the Department of Alcoholic line 2 Beverage Control. line 3 line 4 Article 2. Carryout Bag Regulation line 5 line 6 42281. Except as provided in Section 42282, the line 7 requirements of this section apply only to a store, as defined in line 8 paragraph or of subdivision of Section 42280. line 9 On and after January 1, 2015, a store shall not provide line 10 a single-use carryout bag to a customer at the point of sale, except line 11 as provided in this section. line 12 On January 1, 2015, until June 30, 2016, a store may provide line 13 to a customer a reusable grocery bag, as defined in paragraph line 14 of subdivision of Section 42280. line 15 On and after July 1, 2016, a store shall only provide to a line 16 customer a reusable grocery bag, as defined in paragraph of line 17 subdivision of Section 42280, that meets the requirements of line 18 Section 42283. line 19 A store shall make reusable grocery bags available for line 20 purchase by a customer. line 21 Notwithstanding any other law, on and after January 1, 2015, line 22 a store shall provide a customer participating in the California line 23 Special Supplemental Food Program for Women, Infants, and line 24 Children pursuant to Article 2 (commencing with Section 123275) line 25 of Chapter 1 of Part 2 of Division 106 of the Health and Safety line 26 Code and a customer participating in the Supplemental Food line 27 Program pursuant to Chapter 10 (commencing with Section 15500) line 28 of Part 3 of Division 9 of the Welfare and Institutions Code, with line 29 a reusable grocery bag or a recycled paper bag at no cost at the line 30 point of sale. line 31 Notwithstanding subdivision a store may make available line 32 for purchase at the point of sale a recycled paper bag. line 33 Notwithstanding subdivision a store may make available line 34 for purchase at the point of sale a compostable bag, that, at a line 35 minimum, meets the American Society for Testing and Materials line 36 (ASTM) Standard Specification for Compostable Plastics D6400, line 37 if both of the following requirements are met in the jurisdiction line 38 where the compostable bag is sold: line 39 A majority of the residential households in the jurisdiction line 40 have access to curbside collection of foodwaste for composting. 98 SB 405 — 5 — ---PAGE BREAK--- line 1 The governing authority for the jurisdiction has voted to line 2 allow stores in the jurisdiction to sell to a consumer at the point line 3 of sale a compostable bag at a cost not less than the actual cost of line 4 the bags. line 5 42282. On and after July 1, 2016, a store, as defined in line 6 paragraph of subdivision of Section 42280, shall comply line 7 with the same requirements of this article that are imposed upon line 8 a store, as defined in paragraph or of subdivision of line 9 Section 42880. line 10 line 11 Article 3.2. Reusable Grocery Bags line 12 line 13 42283. line 14 42281. On and after July 1, 2016, a reusable grocery bag line 15 that is sold pursuant to subdivision of Section 42282 shall meet line 16 all of the following requirements: line 17 Be designed and manufactured to withstand, at a line 18 minimum, 125 uses. line 19 For purposes of this paragraph, “125 uses” means the line 20 capability of carrying a minimum of 22 pounds 125 times over a line 21 distance of at least 175 feet. line 22 Is machine washable or made from a material that can be line 23 cleaned and disinfected. line 24 Have printed on the bag, or on a tag attached to the bag that line 25 is not intended to be removed, and in a manner visible to the line 26 consumer the following information: line 27 The name of the manufacturer. line 28 The location (country) country where the bag was line 29 manufactured. line 30 A recycling symbol or end-of-life management instructions. line 31 The percentage of postconsumer recycled material, if any. line 32 It shall Does not contain lead, cadmium, or any other heavy line 33 metal in toxic amounts. This requirement shall not affect any line 34 authority of the Department of Toxic Substances Control pursuant line 35 to Article 14 (commencing with Section 25251) of Chapter 6.5 of line 36 Division 20 of the Health and Safety Code and, notwithstanding line 37 subdivision of Section 25257.1 of the Health and Safety Code, line 38 the reusable grocery bag shall not be considered as a product line 39 category already regulated or subject to regulation. 98 — 6 — SB 405 ---PAGE BREAK--- line 1 If the reusable grocery bag producer makes a claim that it line 2 is recyclable, the producer shall demonstrate compliance with the line 3 regulations adopted by the Federal Trade Commission. Complies line 4 with Section 260.12 of Part 260 of Title 16 of the Code of Federal line 5 Regulations related to recyclable claims if the reusable grocery line 6 bag producer makes a claim that the reusable grocery bag is line 7 recyclable . line 8 In addition to the requirements in subdivision a reusable line 9 grocery bag made from plastic shall meet all of the following line 10 requirements: line 11 On and after July 1, 2017, be made from a minimum of 20 line 12 percent postconsumer recycled material, except as provided in line 13 subdivision line 14 In addition to the information required to be printed on the line 15 bag or on a tag, pursuant to paragraph of subdivision all line 16 of the following information shall be printed on the bag, or on a line 17 tag that complies with that paragraph: line 18 A statement that the bag is a reusable bag and designed for line 19 at least 125 uses. line 20 Instructions to return the bag to the store for recycling or line 21 to another appropriate recycling location. line 22 A plastic reusable grocery bag that also meets the line 23 specifications of the American Society of Testing and Materials line 24 (ASTM) Standard Specification for Compostable Plastics D6400, line 25 as published in September 2004, is not required to meet the line 26 requirements of paragraph of subdivision but shall be line 27 labeled in accordance with the applicable state law regarding line 28 compostable plastics. line 29 If a plastic reusable grocery bag producer is unable to line 30 obtain sufficient amounts of postconsumer recycled material to line 31 comply with this article within a reporting period because of line 32 unavailability, the producer shall demonstrate to the department line 33 the actions taken by that plastic reusable grocery bag producer to line 34 find that postconsumer recycled material include the greatest line 35 amount of postconsumer recycled material possible in the reusable line 36 grocery bag even if this amount is less than required by paragraph line 37 of subdivision and shall indicate the percentage that is line 38 postconsumer recycled material. line 39 A plastic reusable grocery bag producer making the line 40 demonstration in paragraph shall make a reasonable effort to 98 SB 405 — 7 — ---PAGE BREAK--- line 1 identify available supplies of postconsumer recycled material line 2 before submitting a certification containing this information to the line 3 department pursuant to Section 42284. line 4 A plastic reusable grocery bag producer that makes a line 5 demonstration pursuant to paragraph shall include the greatest line 6 amount of postconsumer recycled material possible in the reusable line 7 grocery bag, even if this amount is less than required by paragraph line 8 of subdivision and shall indicate the percentage that is line 9 postconsumer recycled material. line 10 42284. On or before January 1, 2016, and on January 1 line 11 every two years thereafter on a schedule and in a manner line 12 determined by the department, a reusable grocery bag producer line 13 shall submit a certification to the department for each type of line 14 reusable grocery bag that is manufactured, imported, sold, or line 15 distributed in the state and provided to a store for sale or line 16 distribution that meets the requirements of Section 42283. line 17 A reusable grocery bag producer shall submit a fee, as line 18 established pursuant to subdivision to the department with line 19 each certification submitted. line 20 The department shall provide a system to submit line 21 certifications online. line 22 On and after July 1, 2016, the department shall publish a line 23 list on its Internet Web site that includes both of the following: line 24 The name, location, and appropriate contact information of line 25 a reusable grocery bag producer that is in compliance with this line 26 article. line 27 The reusable grocery bags that are in compliance with this line 28 article. line 29 The department shall establish a certification fee schedule line 30 that will generate fee revenues sufficient to cover all of the line 31 department’s costs to enforce this article. Fee revenues shall not line 32 exceed the amount necessary to cover the department’s reasonable line 33 costs to enforce this article. line 34 line 35 42282. The department may inspect and audit a reusable line 36 grocery bag producer subject to this article with all costs associated line 37 with the audit being paid for by the reusable grocery bag producer. line 38 Upon request by the department, a reusable grocery bag line 39 producer shall submit laboratory test results from independent, line 40 accredited (ISO/IEC 17025) laboratories to the department 98 — 8 — SB 405 ---PAGE BREAK--- line 1 validating the reusable grocery bag meets the requirements of line 2 Section 44281 for each type of reusable grocery bag that is line 3 manufactured, imported, sold, or distributed in the state and line 4 provided to a store for sale or distribution. line 5 line 6 The department may test any reusable grocery bag line 7 manufactured by a reusable grocery bag producer and provided line 8 to a store for sale or distribution for compliance with this article line 9 and the regulations adopted pursuant to this article. line 10 line 11 The department may enter into an agreement with other state line 12 entities that conduct inspections to provide necessary enforcement line 13 of this article. line 14 line 15 Notwithstanding Section 42286 42285, any a violation of line 16 this article shall be subject to an administrative civil penalty line 17 assessed by the department in an amount not to exceed five hundred line 18 dollars ($500) for the first violation. A subsequent violation may line 19 be subject to an increased penalty of up to five hundred dollars line 20 ($500) per violation, not to exceed five thousand dollars ($5,000) line 21 per violation. line 22 The department shall deposit all certification fees paid line 23 pursuant to this article into the Reusable Bag Account, which is line 24 hereby created in the Integrated Waste Management Fund in the line 25 State Treasury. The moneys deposited in the Reusable Bag Account line 26 shall be expended by the department, upon appropriation by the line 27 Legislature, to assist the department with its costs of implementing line 28 this article. line 29 line 30 The department shall deposit all penalties collected pursuant line 31 to subdivision for a violation of this article into the Penalty line 32 Subaccount Reusable Bag Account, which is hereby created in the line 33 Reusable Bag Account Integrated Waste Management Fund. The line 34 moneys in the Penalty Subaccount Reusable Bag Account shall be line 35 expended by the department, upon appropriation by the Legislature, line 36 to assist the department with its costs of implementing this article. line 37 line 38 Article 3. Single-Use Carryout Bags line 39 98 SB 405 — 9 — ---PAGE BREAK--- line 1 42283. On and after January 1, 2015, a store, as defined line 2 in paragraph or of subdivision of Section 42280, shall line 3 not provide a single-use carryout bag to a customer at the point line 4 of sale. line 5 On and after July 1, 2016, a store, as defined in paragraph line 6 of subdivision of Section 42280, shall not provide a line 7 single-use carryout bag to a customer at the point of sale. line 8 On and after July 1, 2016, a store shall make available line 9 for purchase by a customer reusable grocery bags that meet the line 10 requirements of Section 42281. line 11 On and after July 1, 2016, a store shall not sell or distribute line 12 a reusable bag at the point of sale that does not meet the line 13 requirements of Section 42281. line 14 A store may make available for purchase at the point of sale line 15 a recycled paper bag. line 16 Notwithstanding any other law, on and after January 1, line 17 2015, a store shall provide a customer participating in the line 18 California Special Supplemental Food Program for Women, line 19 Infants, and Children pursuant to Article 2 (commencing with line 20 Section 123275) of Chapter 1 of Part 2 of Division 106 of the line 21 Health and Safety Code and a customer participating in the line 22 Supplemental Food Program pursuant to Chapter 10 (commencing line 23 with Section 15500) of Part 3 of Division 9 of the Welfare and line 24 Institutions Code with a reusable grocery bag or a recycled paper line 25 bag at no cost at the point of sale. line 26 Notwithstanding subdivisions and a store may make line 27 available for purchase at the point of sale a compostable bag that, line 28 at a minimum, meets the American Society for Testing and line 29 Materials (ASTM) Standard Specification for Compostable Plastics line 30 D6400, if, in the jurisdiction where the compostable bag is sold, line 31 both of the following requirements are met: line 32 A majority of the residential households in the jurisdiction line 33 have access to curbside collection of foodwaste for composting. line 34 The governing authority for the jurisdiction has voted to line 35 allow stores in the jurisdiction to sell to a consumer at the point line 36 of sale a compostable bag at a cost not less than the actual cost line 37 of the bags. 98 — 10 — SB 405 ---PAGE BREAK--- line 1 Article 4. Reporting Requirements line 2 line 3 42285. line 4 42284. On or before January 1, 2017, the department shall line 5 submit a report to the Legislature in accordance with Section 9795 line 6 of the Government Code, regarding the effectiveness of this chapter line 7 and recommendations for statutory changes to increase line 8 effectiveness, which shall include all of the following: line 9 A compilation of state cleanup data to evaluate pollution line 10 reduction. line 11 Recommendations to further encourage the use of reusable line 12 grocery bags by customers and stores. line 13 An evaluation of the requirements for reusable grocery bags line 14 specified in Section 42283 42281. line 15 Distribution of recycled paper bags. line 16 Number and type of violations. line 17 The department shall coordinate with other state and local line 18 agencies in compiling this report to maximize existing efforts and line 19 resources in the areas of litter reduction, water quality, and line 20 environmental protection. line 21 Pursuant to Section 110231.5 of the Government Code, this line 22 section is repealed on January 1, 2018. line 23 line 24 Article 5. Enforcement line 25 line 26 42286. line 27 42285. A city, a county, a city and county, or the state may line 28 impose civil liability in the amount of five hundred dollars ($500) line 29 for the first violation of this chapter, one thousand dollars ($1,000) line 30 for the second violation, and two thousand dollars ($2,000) for the line 31 third and subsequent violations. line 32 Any civil penalties collected pursuant to subdivision line 33 shall be paid to the office of the city attorney, city prosecutor, line 34 district attorney, or Attorney General, whichever office brought line 35 the action. The penalties collected pursuant to this section by the line 36 Attorney General may be expended by the Attorney General, upon line 37 appropriation by the Legislature, to enforce this chapter. line 38 This section does not apply to a violation of Article 3 line 39 (commencing with Section 42283). The remedies provided by this line 40 section shall not be exclusive and shall be in addition to the 98 SB 405 — 11 — ---PAGE BREAK--- line 1 remedies that may be available pursuant to Chapter 5 (commencing line 2 with Section 17200) of Part 2 of Division 7 of the Business and line 3 Professions Code. O 98 — 12 — SB 405 ---PAGE BREAK--- Agenda Item No. 5(H) Attachment 3 CURRENT BILL STATUS MEASURE : A.B. No. 158 AUTHOR(S) : Levine (Coauthors: Ammiano, Chesbro, Gordon, and Lowenthal) (Coauthor: Senator Hill). TOPIC : Solid waste: single-use carryout bags. HOUSE LOCATION : ASM +LAST AMENDED DATE : 04/09/2013 TYPE OF BILL : Active Non-Urgency Non-Appropriations Majority Vote Required Non-State-Mandated Local Program Fiscal Non-Tax Levy LAST HIST. ACT. DATE: 04/10/2013 LAST HIST. ACTION : Re-referred to Com. on APPR. COMM. LOCATION : ASM NATURAL RESOURCES COMM. ACTION DATE : 04/01/2013 COMM. ACTION : Do pass as amended and be re-referred to the Committee on Appropriations. COMM. VOTE SUMMARY : Ayes: 06 Noes: 03 PASS TITLE : An act to add Chapter 5.3 (commencing with Section 42280) to Part 3 of Division 30 of, and to repeal Section 42289 of, the Public Resources Code, relating to solid waste. ---PAGE BREAK--- file:///HI/...0Packets%202013/5-7-2013/5H%20Support%20SB%20405%20and%20AB%20158%20-%20Att%203%20AB158%20History.txt[5/2/2013 10:19:18 AM] AB 158 Assembly Bill - History COMPLETE BILL HISTORY BILL NUMBER : A.B. No. 158 AUTHOR: Levine TOPIC : Solid waste: single-use carryout bags. TYPE OF BILL : Active Non-Urgency Non-Appropriations Majority Vote Required Non-State-Mandated Local Program Fiscal Non-Tax Levy BILL HISTORY 2013 Apr. 10 Re-referred to Com. on APPR. Apr. 9 Read second time and amended. Apr. 8 From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes (April Mar. 21 Re-referred to Com. on NAT. RES. Mar. 20 From committee chair, with author's amendments: Amend, and re-refer to Com. on NAT. RES. Read second time and amended. Jan. 31 Referred to Com. on NAT. RES. Jan. 23 From printer. May be heard in committee February 22. Jan. 22 Read first time. To print. Agenda Item No. 5(H) Attachment 3 ---PAGE BREAK--- AMENDED IN ASSEMBLY APRIL 9, 2013 AMENDED IN ASSEMBLY MARCH 20, 2013 california legislature—2013–14 regular session ASSEMBLY BILL No. 158 Introduced by Assembly Member Levine (Coauthors: Assembly Members Ammiano, Chesbro, Gordon, and Lowenthal) (Coauthor: Senator Hill) January 22, 2013 An act to add Chapter 5.3 (commencing with Section 42280) to Part 3 of Division 30 of, and to repeal Section 42289 of, the Public Resources Code, relating to solid waste. legislative counsel’s digest AB 158, as amended, Levine. Solid waste: single-use carryout bags. 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, as of January 1, 2015, 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 would require these stores to meet other specified requirements regarding providing recycled paper bags, and compostable bags, or reusable bags to customers. The bill would require these stores to make reusable grocery bags available to customers. 97 Agenda Item No. 5(H) Attachment 3 ---PAGE BREAK--- The bill would, on and after July 1, 2016, additionally impose these prohibitions and requirements on convenience food stores, foodmarts, and certain other specified stores. The bill, beginning January 1, 2016, would, beginning January 1, 2016, require a reusable grocery bag producer bags 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 that are sold or provided to a store by a reusable grocery bag producer meet specified requirements. The bill would require the department to deposit the certification fees all penalties collected for violations of these requirements 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 these 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, 2017, 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, 2018. 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, 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. The bill would provide that these remedies are not exclusive, as specified. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. 97 — 2 — AB 158 ---PAGE BREAK--- The people of the State of California do enact as follows: line 1 SECTION 1. Chapter 5.3 (commencing with Section 42280) line 2 is added to Part 3 of Division 30 of the Public Resources Code, to line 3 read: line 4 line 5 Chapter 5.3. Single-use Carryout Bags line 6 line 7 Article 1. Definitions line 8 line 9 42280. For purposes of this chapter, the following definitions line 10 shall apply: line 11 “Department” means the Department of Resources Recycling line 12 and Recovery. line 13 “Postconsumer recycled material” means a material that line 14 would otherwise be destined for solid waste disposal, having line 15 completed its intended end use and product life cycle. line 16 Postconsumer recycled material does not include materials and line 17 byproducts generated from, and commonly reused within, an line 18 original manufacturing and fabrication process. line 19 “Recycled paper bag” means a paper carryout bag provided line 20 by a store to a customer at the point of sale that meets all of the line 21 following requirements: line 22 Except as provided in subparagraph the paper line 23 carryout bag contains Contains a minimum of 40 percent line 24 postconsumer recycled materials, except as provided in line 25 subparagraph line 26 An eight pound or smaller recycled paper bag shall contain line 27 a minimum of 20 percent postconsumer recycled material. line 28 Is accepted for recycling in curbside programs in a majority line 29 of households that have access to curbside recycling programs in line 30 the state. line 31 Is capable of composting, consistent with the timeline and line 32 specifications of the American Society of Testing and Materials line 33 (ASTM) Standard Specification for Compostable Plastics D6400. line 34 line 35 Has printed on the bag the name of the manufacturer, the line 36 location (country) where the bag was manufactured, and the line 37 minimum percentage of postconsumer content. 97 AB 158 — 3 — ---PAGE BREAK--- line 1 “Reusable grocery bag” on or before June 30, 2016, line 2 means either of the following: line 3 A bag made of cloth or other machine washable fabric that line 4 has handles. line 5 A durable plastic bag with handles that is at least 2.25 mils line 6 thick and specifically designed for multiple reuses. line 7 “Reusable grocery bag” on and after July 1, 2016, means a line 8 bag that meets the requirements of Section 42287. line 9 “Reusable grocery bag producer” means a person or entity line 10 that does any of the following: line 11 Manufactures reusable grocery bags for sale or distribution line 12 to a store. line 13 Imports reusable grocery bags into this state, for sale or line 14 distribution to a store. line 15 Sells or distributes reusable bags to a store. line 16 “Single-use carryout bag” means a bag made of plastic, line 17 paper, or other material, that is provided by a store to a customer line 18 at the point of sale and that is not a recycled paper bag or a line 19 reusable grocery bag that meets the requirements of Section 42287, line 20 on and after July 1, 2016, and paragraph of subdivision of line 21 this section on or before June 30, 2016 subdivision of Section line 22 42287. line 23 A single-use carryout bag does not include either of the line 24 following: line 25 A bag provided by a pharmacy pursuant to Chapter 9 line 26 (commencing with Section 4000) of Division 2 of the Business line 27 and Professions Code to a customer purchasing a prescription line 28 medication. line 29 A nonhandled bag used to protect a purchased item from line 30 damaging or contaminating other purchased items when placed in line 31 a recycled paper bag or reusable grocery bag. line 32 “Store” means a retail establishment that meets any of the line 33 following requirements: line 34 A full-line, self-service retail store with gross annual sales line 35 of two million dollars ($2,000,000), or more, and which that sells line 36 a line of dry grocery items, canned goods, or nonfood items, and line 37 some perishable items. line 38 Has at least 10,000 square feet of retail space that generates line 39 sales or use tax pursuant to the Bradley-Burns Uniform Local Sales line 40 and Use Tax Law (Part 1.5 (commencing with Section 7200) of 97 — 4 — AB 158 ---PAGE BREAK--- line 1 Division 2 of the Revenue and Taxation Code) and has a pharmacy line 2 licensed pursuant to Chapter 9 (commencing with Section 4000) line 3 of Division 2 of the Business and Professions Code. line 4 Is a convenience food store, foodmart, or other entity that line 5 is engaged in the retail sale of a limited line of goods, generally line 6 including milk, bread, soda, and snack foods, and that holds a Type line 7 20 or Type 21 license issued by the Department of Alcoholic line 8 Beverage Control. line 9 line 10 Article 2. Carryout Bag Regulation Bags line 11 line 12 42281. Except as provided in Section 42282, On or line 13 before June 30, 2016, the requirements of this section shall apply line 14 only to a store, as that is defined in paragraph or of line 15 subdivision of Section 42280. line 16 On and after July 1, 2016, the requirements of this section line 17 shall apply to a store, as defined in subdivision of Section line 18 42280. line 19 On and after January 1, 2015, a store shall not provide line 20 a single-use carryout bag to a customer at the point of sale, except line 21 as provided in this section. line 22 On January 1, 2015, until June 30, 2016, a store may provide line 23 to a customer a reusable grocery bag, as defined in paragraph line 24 of subdivision of Section 42280. line 25 On and after July 1, 2016, a store shall only provide to a line 26 customer at the point of sale a reusable grocery bag, as defined in line 27 paragraph of subdivision of Section 42280, that meets the line 28 requirements of Section 42287. line 29 A store shall make reusable grocery bags available for line 30 purchase by a customer. line 31 Notwithstanding subdivision a store may make available line 32 for purchase at the point of sale a recycled paper bag. line 33 Notwithstanding subdivision a store may make available line 34 for purchase at the point of sale a compostable bag that, at a line 35 minimum, meets the American Society for Testing and Materials line 36 (ASTM) Standard Specification for Compostable Plastics D6400 line 37 if in the jurisdiction where the compostable bag is sold both of the line 38 following requirements are met: line 39 A majority of the residential households in the jurisdiction line 40 have access to curbside collection of food waste for composting. 97 AB 158 — 5 — ---PAGE BREAK--- line 1 The governing authority for the jurisdiction has voted to line 2 allow stores in the jurisdiction to sell to a consumer at the point line 3 of sale a compostable bag at a cost not less than the actual cost line 4 of the bag. line 5 line 6 Notwithstanding any other law, on and after January 1, 2015, line 7 a store shall provide a customer participating in the California line 8 Special Supplemental Food Program for Women, Infants, and line 9 Children pursuant to Article 2 (commencing with Section 123275) line 10 of Chapter 1 of Part 2 of Division 106 of the Health and Safety line 11 Code and a customer participating in the Supplemental Food line 12 Program pursuant to Chapter 10 (commencing with Section 15500) line 13 of Part 3 of Division 9 of the Welfare and Institutions Code, with line 14 a reusable grocery bag or a recycled paper bag at no cost at the line 15 point of sale. line 16 Notwithstanding subdivision a store may make available line 17 for purchase at the point of sale a recycled paper bag. line 18 Notwithstanding subdivision a store may make available line 19 for purchase at the point of sale a compostable bag, that at a line 20 minimum meets the American Society for Testing and Materials line 21 (ASTM) Standard Specification for Compostable Plastics D6400, line 22 if both of the following requirements are met in the jurisdiction line 23 where the compostable bag is sold: line 24 A majority of the residential households in the jurisdiction line 25 have access to curbside collection of foodwaste for composting. line 26 The governing authority for the jurisdiction has voted to line 27 allow stores in the jurisdiction to sell to a consumer at the point line 28 of sale a compostable bag at a cost not less than the actual cost of line 29 the bags. line 30 42282. On and after July 1, 2016, a store, as defined in line 31 paragraph of subdivision of Section 42280, shall comply line 32 with the same requirements of this article that are imposed upon line 33 a store, as defined in paragraph or of subdivision of line 34 Section 42880. line 35 line 36 Article 3. Reusable Grocery Bags line 37 line 38 42287. On and after July 1, 2016, a reusable grocery bag line 39 sold or provided to a store by a reusable grocery bag producer 97 — 6 — AB 158 ---PAGE BREAK--- line 1 for purposes of this chapter shall meet all of the following line 2 requirements: line 3 Be designed and manufactured to withstand, at a line 4 minimum, 125 uses. line 5 For purposes of this paragraph, “125 uses” means the line 6 capability of carrying a minimum of 22 pounds 125 times over a line 7 distance of at least 175 feet. line 8 Is machine washable or made from a material that can be line 9 cleaned and disinfected. line 10 Have Has printed on the bag, or on a tag attached to the bag line 11 that is not intended to be removed, and in a manner visible to the line 12 consumer the following information: line 13 The name of the manufacturer. line 14 The location (country) where the bag was manufactured. line 15 A The appropriate recycling symbol or end-of-life line 16 management instructions. line 17 The percentage of postconsumer recycled material, if any. line 18 It shall Does not contain lead, cadmium, or any other heavy line 19 metal in toxic amounts. This requirement shall not affect any line 20 authority of the Department of Toxic Substances Control pursuant line 21 to Article 14 (commencing with Section 25251) of Chapter 6.5 of line 22 Division 20 of the Health and Safety Code and, notwithstanding line 23 subdivision of Section 25257.1 of the Health and Safety Code, line 24 the reusable grocery bag shall not be considered as a product line 25 category already regulated or subject to regulation. line 26 If the reusable grocery bag producer makes a claim that it line 27 is recyclable, the producer shall demonstrate compliance with the line 28 regulations adopted by the Federal Trade Commission comply with line 29 the requirements of Part 260 of Title 16 of the Code of Federal line 30 Regulations relating to environmental marketing claims. line 31 In addition to the requirements in subdivision a reusable line 32 grocery bag made from plastic shall meet all both of the following line 33 requirements: line 34 On and after July 1, 2017, be made from a minimum of 20 line 35 percent postconsumer recycled material, except as provided in line 36 subdivision line 37 In addition to the information required to be printed on the line 38 bag or on a tag, pursuant to paragraph of subdivision all line 39 of the following information shall be printed on the bag, or on a line 40 tag that complies with that paragraph: 97 AB 158 — 7 — ---PAGE BREAK--- line 1 A statement that the bag is a reusable bag and designed for line 2 at least 125 uses. line 3 Instructions to return the bag to the store for recycling or line 4 to another appropriate recycling location. line 5 A plastic reusable grocery bag that also meets the line 6 specifications of the American Society of Testing and Materials line 7 (ASTM) Standard Specification for Compostable Plastics D6400, line 8 as published in September 2004, is not required to meet the line 9 requirements of paragraph of subdivision but shall be line 10 labeled in accordance with the applicable state law regarding line 11 compostable plastics. line 12 line 13 If, after making a reasonable effort to identify line 14 postconsumer recycled material, a plastic reusable grocery bag line 15 producer is unable to obtain sufficient amounts of postconsumer line 16 recycled material to comply with this article within a reporting line 17 period because of unavailability, upon the request of the line 18 department, the producer shall demonstrate to the department the line 19 actions taken by that plastic reusable grocery bag producer to find line 20 that postconsumer recycled material. line 21 A plastic reusable grocery bag producer making the line 22 demonstration in paragraph shall make a reasonable effort to line 23 identify available supplies of postconsumer recycled material line 24 before submitting a certification containing this information to the line 25 department pursuant to Section 42288. line 26 line 27 A plastic reusable grocery bag producer that makes a line 28 demonstration pursuant subject to paragraph shall include the line 29 greatest amount of postconsumer recycled material possible in the line 30 reusable grocery bag, even if this amount is less than required by line 31 paragraph of subdivision and shall indicate the percentage line 32 that is postconsumer recycled material. line 33 42288. On or before January 1, 2016, and on January 1 line 34 every two years thereafter on a schedule and in a manner line 35 determined by the department, a reusable grocery bag producer line 36 shall submit a certification to the department for each type of line 37 reusable grocery bag that is manufactured, imported, sold, or line 38 distributed in the state and provided to a store for sale or line 39 distribution that meets the requirements of Section 42287. 97 — 8 — AB 158 ---PAGE BREAK--- line 1 A reusable grocery bag producer shall submit a fee, as line 2 established pursuant to subdivision to the department with line 3 each certification submitted. line 4 The department shall provide a system to submit line 5 certifications online. line 6 On and after July 1, 2016, the department shall publish a line 7 list on its Internet Web site that includes both of the following: line 8 The name, location, and appropriate contact information of line 9 a reusable grocery bag producer that is in compliance with this line 10 article. line 11 The reusable grocery bags that are in compliance with this line 12 article. line 13 The department shall establish a certification fee schedule line 14 that will generate fee revenues sufficient to cover all of the line 15 department’s costs to enforce this article. Fee revenues shall not line 16 exceed the amount necessary to cover the department’s reasonable line 17 costs to enforce this article. line 18 line 19 42288. The department may inspect and audit a reusable line 20 grocery bag producer subject to this article, with all costs line 21 associated with the inspection or audit being paid for by the line 22 reusable grocery bag producer. line 23 line 24 The department may test any reusable grocery bag line 25 manufactured by a reusable grocery bag producer and provided line 26 to a store for sale or distribution for compliance with this article line 27 and the regulations adopted pursuant to this article. All costs line 28 associated with the test shall be paid for by the reusable grocery line 29 bag producer. line 30 line 31 The department may enter into an agreement with other state line 32 entities that conduct inspections to provide necessary enforcement line 33 of this article. line 34 line 35 Notwithstanding Section 42289.5, any a violation of this line 36 article by a reusable grocery bag producer shall be subject to an line 37 administrative civil penalty assessed by the department in an line 38 amount not to exceed five hundred dollars ($500) for the first line 39 violation. A subsequent violation may be subject to an increased 97 AB 158 — 9 — ---PAGE BREAK--- line 1 penalty of up to five hundred dollars ($500) per violation, not to line 2 exceed five thousand dollars ($5,000) per violation. line 3 line 4 The department shall deposit all certification fees penalties line 5 paid pursuant to this article into the Reusable Bag Account, which line 6 is hereby created in the Integrated Waste Management Fund in the line 7 State Treasury. The moneys deposited in the Reusable Bag Account line 8 shall be expended by the department, upon appropriation by the line 9 Legislature, to assist the department with its costs of implementing line 10 this article. line 11 The department shall deposit all penalties collected pursuant line 12 to subdivision for a violation of this article into the Penalty line 13 Subaccount, which is hereby created in the Reusable Bag Account. line 14 The moneys in the Penalty Subaccount shall be expended by the line 15 department, upon appropriation by the Legislature, to assist the line 16 department with its costs of implementing this article. line 17 line 18 Article 4. Reporting Requirements line 19 line 20 42289. On or before January 1, 2017, the department shall line 21 submit a report to the Legislature in accordance with Section 9795 line 22 of the Government Code, regarding the effectiveness of this chapter line 23 and recommendations for statutory changes to increase line 24 effectiveness, which shall include all of the following: line 25 A compilation of state cleanup data to evaluate pollution line 26 reduction. line 27 Recommendations to further encourage the use of reusable line 28 grocery bags by customers and stores. line 29 An evaluation of the requirements for reusable bags specified line 30 in Section 42287. line 31 Distribution of recycled paper bags. line 32 Number and type of violations. line 33 The department shall coordinate with other state and local line 34 agencies in compiling this report to maximize existing efforts and line 35 resources in the areas of litter reduction, water quality, and line 36 environmental protection. line 37 Pursuant to Section 110231.5 of the Government Code, this line 38 section is repealed on January 1, 2018. 97 — 10 — AB 158 ---PAGE BREAK--- line 1 Article 5. Enforcement line 2 line 3 42289.5. A city, a county, a city and county, or the state line 4 may impose civil liability in the amount of five hundred dollars line 5 ($500) for the first violation of this chapter, one thousand dollars line 6 ($1,000) for the second violation, and two thousand dollars line 7 ($2,000) for the third and subsequent violations. line 8 Any civil penalties collected pursuant to subdivision line 9 shall be paid to the office of the city attorney, city prosecutor, line 10 district attorney, or Attorney General, whichever office brought line 11 the action. The penalties collected pursuant to this section by the line 12 Attorney General may be expended by the Attorney General, upon line 13 appropriation by the Legislature, to enforce this chapter. line 14 This section does Subdivisions and shall not apply line 15 to a violation of Article 3 (commencing with Section 42287). line 16 This chapter shall not be exclusive and shall not limit the line 17 ability of a city, county, city and county, or the state to pursue line 18 enforcement pursuant to Chapter 5 (commencing with Section line 19 17200) of Part 2 of Division 7 of the Business and Professions line 20 Code. O 97 AB 158 — 11 —