CA Legislators Upend a 2016 Voter Mandate

SB1053 (2024) is effective 1/1/26. It bans plastic bags and replaces a 2016 voter initiative which supported a legislative mandate to charge .10 for paper bags. 

SB1053:
• Beginning January 1, 2026, stores will only be allowed to distribute recycled carryout paper bags to customers at checkout counters, self-checkout kiosks, in store pickup, curbside delivery, and home delivery for a minimum charge of ten cents ($0.10) per bag...... a store may not charge a customer using an EBT card or WIC payment card or voucher for a bag

• Beginning January 1, 2028, recycled paper bags distributed at stores will be required to contain at least 50% postconsumer recycled materials.

SB 1053 Governor Newsom Signs Legislation to Close Loophole on Plastic Bag Use at Grocery Stores  Bag Requirements - CalRecycle Home Page

 Examples of the California legislative focus on recycling paper & plastic bags include:

• 1989:  The California Integrated Waste Management Act of 1989 establishes an integrated waste management program and establishes requirements for the recycling and reuse of various products, including metallic discards, compost, plastic packaging containers, and newsprint. Existing law requires every manufacturer that manufactures specified plastic trash bags to ensure that at least 10% of the weight of the regulated bags, or that at least 30% of the weight of the material used, in all of its plastic products intended for sale in this state is recycled plastic postconsumer material.
• Oct. 1999 enacted: SB 827, Sher. Recycled materials. (1) The State Assistance for Recycling Markets Act of 1989 requires the Department of General Services to set a goal for the purchase of recycled paper products by state agencies of at least 50% of paper products purchased.
• Sept. 2006 enacted: AB2449 This bill would require 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 clean plastic carryout bags to that store. 
  • It also declared "...that certain matters regarding plastic carryout bags are matters of statewide interest and concern. 
  • And the bill prohibited "... a city, county, or other public agency from adopting, implementing, or enforcing an ordinance, resolution, regulation, or rule that requires a store to collect, transport, or recycle plastic carryout bags or conduct additional auditing or reporting, or imposing a plastic carryout bag fee upon a store, except as specified."
  • The bill’s requirements would be repealed on January 1, 2013
    
• SB 270 was introduced by State Senator Alex Padilla (now US Senator) and backed by:
  • United Food and Commercial Workers, the California Grocers Association, Environment California, Friends of the L.A. River, Mujeres de La Tierra, Californians Against Waste, and Heal the Bay.
  • Calif. Senator Padilla Announces Key Support for Statewide Single-Use Plastic Bag Ban - SB 270 - California Newswire
  • It established a statewide ban on single-use plastic bags in California, requiring stores to charge for recycled paper and reusable bags.
  • The statewide ban on single-use carryout bags prohibits most grocery stores, large retail stores with a pharmacy, and convenience stores that sell food and alcoholic beverages from providing their customers with bags designed for a single use only, unless those bags are made with recycled paper. Instead, these stores generally must provide customers recycled paper bags or certified reusable grocery bags and must charge their customers at least 10 cents for each bag. The text of the bag ban statute can be found on the California Legislative Information page.
    Single-Use Carryout Bag Ban (SB 270) - CalRecycle Home Page
    Bill Text - SB-270 Solid waste: single-use carryout bags.

SB 270, was then challenged, primarily by plastic bag manufacturers. They then backed the referendum on the November 2016 ballot, Proposition 67, to overturn SB270.  "California voters approved Proposition 67, upholding SB 270 and allowing the statewide ban to take effect permanently."  Single-Use Carryout Bag Ban (Proposition 67/SB 270) | State of California - Department of Justice - Office of the Attorney General 
oag.ca.gov/sites/all/files/agweb/pdfs/consumers/bag-ban-english.pdf

However, the permanency of Proposition 67 has been upended:

• 2024 SB1053 replaces SB270  
  • While "all statutory and regulatory program requirements enacted by SB 270 remain in full effect until January 1, 2026" 
  • Pre-checkout Bags: Beginning January 1, 2025, stores will only be allowed to distribute pre-checkout bags to customers that are recycled paper bags or compostable bags that meet specific criteria.
    Carryout Bags: Beginning January 1, 2026, stores will only be allowed to distribute recycled paper bags to customers at the point of sale.

Conversely "CalRecycle does not have enforcement authority over the single-use carryout bag ban. Cities, counties, and the Office of the Attorney General enforce the bag ban."

 It should be noted the STORES HAVE ALWAYS KEPT THE MONEY CHARGED FOR BAGS!  SB270 detailed it as

42283.7. All moneys collected pursuant to this article shall be retained by the store and may be used only for the following purposes:(a) Costs associated with complying with the requirements of this article.(b) Actual costs of providing recycled paper bags or reusable grocery bags.(c) Costs associated with a store’s educational materials or educational campaign encouraging the use of reusable grocery bags.
 

oag.ca.gov/sites/all/files/agweb/pdfs/consumers/bag-ban-english.pdf

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