California Senate Bill SB270 Amended / Bill

 BILL NUMBER: SB 270AMENDED BILL TEXT AMENDED IN ASSEMBLY MARCH 27, 2014 AMENDED IN ASSEMBLY FEBRUARY 6, 2014 INTRODUCED BY Senators Padilla, De Len, and Lara FEBRUARY 14, 2013 An act to add Chapter 5.3 (commencing with Section 42280) to Part 3 of Division 30 of the Public Resources Code, relating to solid waste, and making an appropriation therefor. LEGISLATIVE COUNSEL'S DIGEST SB 270, as amended, Padilla. Solid waste: single-use carryout bags. (1) Existing law, until 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. This bill, as of July 1, 2015, would prohibit stores that have a specified amount of sales in dollars or retail floor space from providing a single-use carryout bag to a customer, with specified exceptions. The bill would also prohibit  a store   those stores  from selling or distributing a recycled paper bag at the point of sale unless the store makes that bag available for purchase for not less than $0.10. The bill would also allow  such a store   those stores  , on or after July 1, 2015, to distribute compostable bags at the point of sale only in jurisdictions that meet specified requirements and at a cost of not less than $0.10. The bill would require these stores to meet other specified requirements on and after July 1, 2015, regarding providing reusable grocery bags to customers, including distributing those bags only at a cost of not less than $0.10. The bill, on and after July 1, 2016, would additionally impose these prohibitions and requirements on convenience food stores, foodmarts, and entities engaged in the sale of a limited line of goods, or goods intended to be consumed off premises, and that hold a specified license with regard to alcoholic beverages. The bill would allow a retail establishment to voluntarily comply with these requirements, if the retail establishment notifies the  department and pays a registration fee established by the  department.  The bill would require the department to post on its Internet Web site, organized by county, the name and physical location of each retail establishment that has elected to comply with these requirements.  The bill would require the operator of a store that has a specified amount of sales in dollars or retail floor  space, in addition to complying   space and a retail   establishment that voluntarily complies with the requirements of this bill to comply  with  both the  existing  requirements, to establish an at-store recycling program that provides an opportunity for customers to return to the store clean polyethylene, polypropylene, and polyethylene terephthalate bags, including requiring those bags that are provided by the store to display a specified notice and providing for the placement of collection bins in a specified manner   at-store recycling program requirements and the requirements of this bill  . The bill would  require certain stores selling a reusable grocery bag   require,  on and after July 1, 2015,  a reusable grocery bag sold by certain stores  to a customer at the point of sale  to be made by a certified reusable grocery bag producer and  to meet specified requirements with regard to the bag's durability, material, labeling, heavy metal content, and, with regard to reusable grocery bags made from  reusable  plastic  film  on and after January 1, 2016, recycled material content. The bill would impose these requirements as of July 1, 2016, on the stores that are otherwise subject to the bill's requirements. The bill would prohibit a producer of reusable grocery bags made from  specified plastics   reusable plastic film  from selling or distributing those bags on and after January 1, 2016, unless the producer is certified by  the Department of Resources Recycling and Recovery   a 3rd-party certification entity, as specified, and would require a supplier of postconsumer recycled material to the reusable grocery bag producer to be certified by a 3rd-party certification entity  . The bill would require  the application for certification to include specified information that verifies the incorporation of clean postconsumer recycled material. The bill would also authorize a supplier of postconsumer recycled material to a producer of those bags to apply to the department for certification as a supplier of material. The bill would specify a procedure for a person to submit a written request to the department objecting to approval of a certification and for the holding of a hearing regarding that approval   a reusable grocery bag producer and a supplier of postconsumer recycled material to a producer to provide proof of certification to the department. The bill would require the department to provide a system to receive proofs of certification online  . The department would be authorized to suspend or revoke a certification under specified circumstances and would be required to publish on its Internet Web site a list of certified reusable grocery bag producers and  suppliers and   suppliers,  reusable grocery bags that comply with the requirements of the  bill   bill, and 3rd-party   certification entities recognized by the department  . The bill would require the department to establish a certification fee schedule to cover the department's costs to implement these  certification  requirements, which a reusable grocery bag producer or supplier  applying for certification would be required to pay   providing proof to the department of certification would be required to pay  . The bill would also require a reusable grocery bag producer to submit specified laboratory test results to the department.  The bill would authorize a person to object to a certification of a reusable grocery bag producer or   supplier of postconsumer recycled material and would authorize a person to file an action for review of that certification in the superior court of a county that has jurisdiction over the reusable grocery bag producer or supplier.   A violation of these requirements would be subject to an administrative civil penalty assessed by the department. 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   on a person or entity that knows or reasonably should have known   it is in  violation of the bill's  requirements, except as specified   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  provided by a store  and would prohibit a local public agency from enforcing or implementing an ordinance, resolution, regulation, or rule  , or any amendment thereto,  adopted on or after September 1, 2014, relating to those bags, against a store 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, 2014, to continue to enforce and implement that ordinance, resolution, regulation, or rule, and would preempt any amendments to that ordinance, resolution, regulation, or rule, except that the bill would allow  a   the  local public agency to adopt or amend an ordinance, resolution, regulation, or rule  setting a   increasing the  price for a recycled paper bag, compostable bag, or reusable grocery bag  to no less than a specified amount  . (2) The California Integrated Waste Management Act of 1989 creates the Recycling Market Development Revolving Loan Subaccount in the Integrated Waste Management Account and continuously appropriates the funds deposited in the subaccount to the department for making loans for the purposes of the Recycling Market Development Revolving Loan Program. Existing law makes the provisions regarding the loan program, the creation of the subaccount, and expenditures therefrom inoperative on July 1, 2021, and repeals them as of January 1, 2022. This bill would appropriate $2,000,000 from the Recycling Market Development Revolving Loan Subaccount in the Integrated Waste Management Account to the department for the purposes of providing loans and grants for the creation and retention of jobs and economic activity in California for the manufacture and recycling of plastic reusable grocery bags that use recycled content. The bill would require a recipient of a grant to agree, as a condition of receiving a grant, to take specified actions. Vote: majority. Appropriation: yes. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Chapter 5.3 (commencing with Section 42280) is added to Part 3 of Division 30 of the Public Resources Code, to read: CHAPTER 5.3. SINGLE-USE CARRYOUT BAGS Article 1. Definitions 42280. (a) "Department" means the Department of Resources Recycling and Recovery. (b) "Postconsumer recycled material" means a material that would otherwise be destined for solid waste disposal, having completed its intended end use and product life cycle. Postconsumer recycled material does not include materials and byproducts generated from, and commonly reused within, an original manufacturing and fabrication process. (c) "Recycled paper bag" means a paper carryout bag provided by a store to a customer at the point of sale that meets all of the following requirements: (1) (A) Except as provided in subparagraph (B), contains a minimum of 40 percent postconsumer recycled materials. (B) An eight pound or smaller recycled paper bag shall contain a minimum of 20 percent postconsumer recycled material. (2) Is accepted for recycling in curbside programs in a majority of households that have access to curbside recycling programs in the state. (3) Has printed on the bag the name of the manufacturer, the country where the bag was manufactured, and the minimum percentage of postconsumer content. (d) "Reusable grocery bag" means a bag that is provided by a store to a customer at the point of sale that meets the requirements of Section 42281. (e) (1) "Reusable grocery bag producer" means a person or entity that does any of the following: (A) Manufactures reusable grocery bags for sale or distribution to a store. (B) Imports reusable grocery bags into this state, for sale or distribution to a store. (C) Sells or distributes reusable bags to a store. (2) "Reusable grocery bag producer" does not include a store, with regard to a reusable grocery bag for which there is a manufacturer or importer, as specified in subparagraph (A) or (B) of paragraph (1).  (f) "Reusable plastic film" means a continuous sheet of polyethylene with a thickness of not less than 2.25 mils measured according to American Society of Testing and Materials (ASTM) Standard D6988, or an alternative methodology approved by the department.   (f)   (g)  (1) "Single-use carryout bag" means a bag made of plastic, paper, or other material that is provided by a store to a customer at the point of sale and that is not a recycled paper bag or a reusable grocery bag that meets the requirements of Section 42281. (2) A single-use carryout bag does not include either of the following: (A) A bag provided by a pharmacy pursuant to Chapter 9 (commencing with Section 4000) of Division 2 of the Business and Professions Code to a customer purchasing a prescription medication. (B) A nonhandled bag used to protect a purchased item from damaging or contaminating other purchased items when placed in a recycled paper bag, a reusable grocery bag, or a compostable plastic bag.  (C) A bag provided to contain an unwrapped food item.   (D) A nonhandled bag that is designed to be placed over articles of clothing on a hanger.   (g)   (h)  "Store" means a retail establishment that meets any of the following requirements: (1) A full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000) or more that sells a line of dry groceries, canned goods, or nonfood items, and some perishable items. (2) Has at least 10,000 square feet of retail space that generates sales or use tax pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5 (commencing with Section 7200) of Division 2 of the Revenue and Taxation Code) and has a pharmacy licensed pursuant to Chapter 9 (commencing with Section 4000) of Division 2 of the Business and Professions Code. (3) Is a convenience food store, foodmart, or other entity that is engaged in the retail sale of a limited line of goods, generally including milk, bread, soda, and snack foods, and that holds a Type 20 or Type 21 license issued by the Department of Alcoholic Beverage Control. (4) Is a convenience food store, foodmart, or other entity that is engaged in the retail sale of goods intended to be consumed off the premises, and that holds a Type 20 or Type 21 license issued by the Department of Alcoholic Beverage Control. (5) Is not otherwise subject to paragraph (1), (2), (3), or (4), if the retail establishment voluntarily agrees to comply with the requirements imposed upon a store pursuant to this chapter, notifies the department of its intent to comply with the requirements imposed upon a store pursuant to this chapter, and  pays the   registration fee that may be   complies with the requirements  established pursuant to Section 42284. Article 2. Reusable Grocery Bags 42281. (a) On and after July 1, 2015, a store, as defined in paragraph (1) or (2) of subdivision  (g)   (h)  of Section 42280, may sell or distribute a reusable grocery bag to a customer at the point of sale only if the reusable bag  meets   is made by a producer certified pursuant to this article and meets  all of the following requirements: (1) Has a handle and is designed for at least 125  uses. A bag satisfies this minimum use requirement if the bag is capable of carrying two full, one gallon milk jugs for 125 uses and meets either of the following requirements:   (A) If the bag is made of polyethylene, polypropylene, or polyethylene terephthalate, the bag has a minimum thickness of at least 2.25 mils.   (B)     If the bag is made of a woven or nonwoven polymer or fiber, the bag has a minimum fabric weight of at least 80 grams per square meter.   uses, as provided in this article.  (2) Has a volume capacity of at least 15 liters. (3) Is machine washable or made from a material that can be cleaned and disinfected. (4) Has printed on the bag, or on a tag attached to the bag that is not intended to be removed, and in a manner visible to the consumer, all of the following information: (A) The name of the manufacturer. (B) The country where the bag was manufactured. (C) A statement that the bag is a reusable bag and designed for at least 125 uses. (D)  Instructions   If the bag is eligible for recycling in the state, instructions  to return the bag to the store for recycling or to another appropriate recycling  location, if applicable   location. If recyclable in the state, the bag shall include the chasing arrows recycling symbol or the term "recyclable," consistent with the Federal Trade Commission Guidelines use of that term, as updated  . (5) Does not contain lead, cadmium, or any other heavy metal in toxic amounts. This requirement shall not affect any authority of the Department of Toxic Substances Control pursuant to Article 14 (commencing with Section 25251) of Chapter 6.5 of Division 20 of the Health and Safety Code and, notwithstanding subdivision (c) of Section 25257.1 of the Health and Safety Code, the reusable grocery bag shall not be considered as a product category already regulated or subject to regulation. (6) Complies with Section 260.12 of Part 260 of Title 16 of the Code of Federal Regulations related to recyclable claims if the reusable grocery bag producer makes a claim that the reusable grocery bag is recyclable. (b)  (1)    In addition to the requirements in subdivision (a), a reusable grocery bag made from  plastic, including sheet, woven, or nonwoven plastic,   reusable plastic film  shall meet all of the following requirements:  (1)   (A)  On and after January 1, 2016,  it shall  be made from a minimum of 20 percent postconsumer recycled  material,   material.   (2)   (B)  On and after January 1, 2020,  it shall  be made from a minimum of 40 percent postconsumer recycled material.  (3) All postconsumer recycled material shall be cleaned using washing equipment specifically designed for that purpose.   (C) It shall be recyclable in this state, and accepted for return at stores subject to the at-store recycling program (Chapter 5.1 (commencing with Section 42250)) for recycling.   (4)   (D)   In   It shall have, in  addition to the information required to be printed on the bag or on a tag, pursuant to paragraph (4) of subdivision (a), a statement that the bag is made partly or wholly from postconsumer  recycled  material, as applicable,  as well as   and  stating the  applicable  percentage.  (E) It shall be capable of carrying 22 pounds for 125 uses or more and be at least 2.25 mils thick.   (2) A reusable grocery bag made from reusable plastic film that meets the specifications of the American Society of Testing and Materials (ASTM) International Standard Specification for Compostable Plastics D6400, as updated, is not required to meet the requirements of subparagraph (A) or (B) of paragraph (1), but shall be labeled in accordance with the applicable state law regarding compostable plastics.   (c) In addition to the requirements of subdivision (a), a reusable grocery bag that is not made of reusable plastic film and that is made from any other natural or synthetic fabric, including, but not limited to, woven or nonwoven nylon, polypropylene, polyethylene-terephthalate, or tyvek, shall satisfy all of the following:   (1) It shall be sewn.   (2) It shall be capable of carrying 22 pounds 125 times over a distance of 175 feet.  (3) It shall have a minimum fabric weight of at least 80 grams per square meter.   (c) A plastic reusable grocery bag that also meets the specifications of the American Society of Testing and Materials (ASTM) Standard Specification for Compostable Plastics D6400, as published in September 2004, is not required to meet the requirements of paragraph (1) or (2) of subdivision (b), but shall be labeled in accordance with the applicable state law regarding compostable plastics.  (d) On and after July 1, 2016, a store as defined in paragraph (3) or (4) of subdivision  (g)   (h)  of Section 42280, shall comply with the requirements of this section. 42281.5. (a) On and after January 1, 2016, a producer of  polyethylene, polypropylene, or polyethylene terephthalate  reusable grocery bags  made from reusable plastic film  shall not sell or distribute a reusable grocery bag in this state unless the producer is certified  by the department pursuant to this section. Certification shall require that the reusable grocery bags sold by the producer comply with the requirements of Section 42281. The application for certification submitted by the producer shall verify the incorporation of cleaned postconsumer recycled material into bags, as required by paragraphs (1), (2), and (3) of subdivision (b) of Section 42281,and   by a third-party certification entity pursuant to Section 42282. A producer shall provide proof of certification to the department demonstrating that the reus   able grocery bags produced by the producer comply with the provisions of this article. The proof of certification  shall include all of the following: (1) Names, locations, and contact information of all sources  of postconsumer recycled material  and suppliers of postconsumer recycled material  . Except as provided in subdivision (c), the supplier shall be certified by the department as a post-consumer recycled material supplier   that have been certified  pursuant to  subdivision (b)   Section 42282  . (2) Quantity and dates of postconsumer recycled material purchases by the reusable  grocery  bag producer. (3) Any other information that the department may require to enable verification of the information provided in the  application   proof of certification  . (b) A supplier of  postconsumer recycled  material to a  reusable grocery bag  producer  of polyethylene, polypropylene, or polyethylene terephthalate reusable grocery bags may apply to the department for certification as a supplier of material. The application for certification shall verify   shall be certified pursuant to Section 42282 and shall provide information regarding  the methods of collecting and processing the postconsumer recycled  material, including   material to a third-party certification entity. The information shall include  all of the following: (1) How the postconsumer  recycled  material is obtained. (2)  Washing equipment, including   Information   demonstrating that all postconsumer recycled material is cleaned using washing equipment specifically designed for that purpose, including  the name of the maker, model, description, photographs, and exact locations of the equipment. (3) Any other information that the department  or certification entity  may require to enable verification of the information provided  in the application   by the supplier  .  (c) If a reusable grocery bag producer obtains postconsumer recycled material without an intermediate supplier, the reusable grocery bag producer is not required to provide, in its application, the information regarding the certification of a supplier pursuant to subdivision (b), but shall provide the department with the same information otherwise required under paragraphs (1) to (3), inclusive, of subdivision (b).   (d) The department shall provide a system to submit applications for certification online.   (e) The department shall post on its Internet Web site 90 days written notice of its intention to approve or disapprove a certification application submitted pursuant to subdivision (a) or (b), including its proposed decision, and shall invite public comments. The notice shall include copies of all documents submitted in support of the application, with pricing information removed. The department may respond to any public comments submitted in writing. The department shall issue a written ruling on the application, stating its reasons and fully explaining its responses to any objections.   (f) (1) A person may object to a proposed approval of a certification on the grounds that the application for certification of the reusable grocery bag producer or supplier did not comply with the requirements imposed pursuant to this section, including the verification of postconsumer recycled material, by submitting a written request to the department.   (2) Upon receiving a written request pursuant to paragraph (1), the department shall hold a public hearing before approving the application.   (3) After holding a hearing pursuant to paragraph (2), the department shall issue a written ruling on the application, stating its reasons and fully explaining its response to any objections in the written request.   (4) A person objecting to the department's approval of certification, following a hearing conducted pursuant to paragraph (2), may file an action for review of that approval in the superior court of Sacramento County within 90 days of the ruling. The court shall make its own independent findings on whether the department, in approving the application for certification, obtained verified evidence of postconsumer material, and may consider evidence that was not submitted to the department.   (g) The department may suspend or revoke a certification of a reusable grocery bag producer or supplier upon 90 days written notice if the department receives a complaint supported by substantial and credible evidence that the reusable grocery bags distributed by the producer do not comply with the requirements of Section 42281 or that the supplier is not in compliance with the information supplied in the application for certification.   (h) On and after January 1, 2016, the department shall publish a list on its Internet Web site that includes all of the following:   (1) The name, location, and contact information of all certified reusable grocery bag producers and all certified post-consumer recycled material suppliers.   (2) The reusable grocery bags distributed by a reusable grocery bag producer certified by the department.  42282. (a)  On a schedule and in a manner determined by the department, a reusable grocery bag producer and a supplier of postconsumer recycled material shall provide to the department proof of certification conducted by a third-party certification entity for each type of reusable grocery bag that is manufactured, imported, sold, or distributed in the state and provided to a store for sale or distribution, at the point of sale, that meets all the applicable requirements of this article. The proof of certification shall be accompanied by a certification fee, established pursuant to Section 42282.1.   (b) A third-party certification entity shall be an independent, accredited (ISO/IEC 17025) laboratory that is recognized by the department.   (c) For a reusable grocery bag producer, a third-party certification entity shall certify that the producer's reusable grocery bags meet the minimum 125-use requirement using one of the following standards:   (1) The EcoLogo ATP-001 standards for durability, as those standards existed on November 7, 1995.   (2) For a reusable grocery bag made from reusable plastic film, the Reusable Bag Test Method, developed by Dr. Joseph Greene of the California State University, Chico, as that test method existed on April 17, 2012.   (3) An alternative compliance methodology approved by the department.   (d) For a supplier of postconsumer recycled content, a third-party certification entity shall certify that the supplier has complied with subdivision (b) of Section 42281.5.   (e) The department shall provide a system to receive proofs of certification online.   (f) On and after July 1, 2016, the department shall publish a list on its Internet Web site that includes all of the following:   (1) The name, location, and appropriate contact information of certified reusable grocery bag producers.   (2) The reusable grocery bags that are in compliance with this article.   (3) A list of third-party certification entities that are recognized by the department, including the Department of Mechanical and Mechatronic Engineering and Sustainable Manufacturing of the California State University, Chico, which shall be recognized as a third-party certification entity.   (4) A list of certified suppliers of postconsumer recycled material.   (g)     Upon request by the department, a   A  reusable grocery bag producer shall submit laboratory test results  from independent, accredited (ISO/IEC 17025) laboratories  to the department confirming that the reusable grocery bag meets the requirements of  Section 42281   this article  for each type of reusable grocery bag that is manufactured, imported, sold, or distributed in the state and provided to a store for sale or distribution.  (b)   (h)  The department may test any reusable grocery bag manufactured by a reusable grocery bag producer and provided to a store for sale or distribution for compliance with this article and the regulations adopted pursuant to this article.  (c)   (i)  The department may inspect and audit a certified reusable grocery bag producer subject to this article to ensure continuing compliance with Section 42281. All costs associated with the audit shall be paid by the reusable grocery bag producer.  (d)   (j)  The department may enter into an agreement with other state entities that conduct inspections to provide necessary enforcement of this article.  (k) (1) A person may object to the certification of a reusable grocery bag producer or a supplier of postconsumer recycled material.   (2) The department shall accept objections pursuant to paragraph (1) and other public comments and may respond to these in writing.   (3) A person objecting to a certification pursuant to this subdivision may file an action for review of that certification in the superior court of a county that has jurisdiction over the reusable grocery bag producer or postconsumer recycled material supplier. The court may make its own independent findings on whether the department, in accepting the proof of certification, obtained verified evidence of compliance, and may consider evidence that was not submitted to the department.   (l) The department may suspend or revoke a certification of a reusable grocery bag producer or supplier of postconsumer recycled material if the department finds there is evidence that the reusable grocery bags distributed by the producer do not comply with the requirements of this article, or that the supplier of postconsumer recycled material does not comply with the requirements of this article.  42282.1. (a) A reusable grocery bag producer or supplier  of postconsumer recycled material  shall submit the fee established pursuant to subdivision (b) to the department when  making an application for  providing proof of  certification  pursuant to Sections 42281.5 and 42282  . (b) The department shall establish a certification fee schedule that will generate fee revenues sufficient to cover, but not exceed, the department's reasonable costs to implement and enforce  the certification provisions of this article. The department may expend the fees collected pursuant to this section, upon appropriation by the Legislature, to carry out this article.  42282.2. (a) Notwithstanding Section 42285, a violation of this article shall be subject to an administrative civil penalty assessed by the department in an amount not to exceed five hundred dollars ($500) for the first violation. A subsequent violation is subject to a penalty of up to five hundred dollars ($500) per prior violation, not to exceed five thousand dollars ($5,000) per violation. (b) On and after January 1, 2016, a store in violation of Section 42281 shall remove from the point of sale any reusable grocery bags made from polyethylene, polypropylene, or polyethylene terephthalate that were not distributed or sold by a certified reusable grocery bag producer pursuant to Section 42282 within seven days after the store receives notification of the violation.   42282.3. The department shall deposit all penalties collected pursuant to subdivision (a) of Section 42282.1 for a violation of this article into the Reusable Bag Account, which is hereby created in the Integrated Waste Management Fund. The moneys in the Reusable Bag Account shall be expended by the department, upon appropriation by the Legislature, to assist the department with its costs of implementing this article.  Article 3. Single-Use Carryout Bags 42283. (a) Except as provided in  subdivisions (d) and   subdivision  (e), on and after July 1, 2015, a store, as defined in paragraph (1) or (2) of subdivision  (g)   (h)  of Section 42280, shall not provide a single-use carryout bag to a customer at the point of sale. (b) (1) On and after July 1, 2015, a  store   store, as defined in paragraph (1) or (2) of subdivision (h) of Section 42280,  shall not sell or distribute a reusable grocery bag at the point of sale except as provided in this subdivision. (2) On and after July 1, 2015, a  store   store, as defined in paragraph (1) or (2) of subdivision (h) of Section 42280,  may make available for purchase at the point of sale a reusable grocery bag that meets the requirements of Section 42281. (3) On and after July 1, 2015, a  store   store, as defined in paragraph (1) or (2) of subdivision (h) of Section 42280,  that makes reusable grocery bags available for purchase pursuant to paragraph (2) shall not sell the reusable grocery bag for less than ten cents ($0.10) in order to ensure that the cost of providing a reusable grocery bag is not subsidized by a customer who does not require that bag. (c) (1) On and after July 1, 2015, a  store   store, as defined in paragraph (1) or (2) of subdivision (h) of Section 42280,  shall not sell or distribute a recycled paper bag except as provided in this subdivision. (2) A  store   store, as defined in paragraph (1) or (2) of subdivision (h) of Section 42280,  may make available for purchase a recycled paper bag. On and after July 1, 2015, the store shall not sell a recycled paper bag for less than ten cents ($0.10) in order to ensure that the cost of providing a recycled paper bag is not subsidized by a consumer who does not require that bag. (d) Notwithstanding any other law, on and after July 1, 2015, a  store   store, as defined in paragraph (1) or (2) of subdivision (h) of Section 42280,  that makes reusable grocery bags or recycled paper bags available for purchase at the point of sale shall provide a customer participating in the California Special Supplemental Food Program for Women, Infants, and Children pursuant to Article 2 (commencing with Section 123275) of Chapter 1 of Part 2 of Division 106 of the Health and Safety Code and a customer participating in the Supplemental Food Program pursuant to Chapter 10 (commencing with Section 15500) of Part 3 of Division 9 of the Welfare and Institutions Code with a reusable grocery bag or a recycled paper bag at no cost at the point of sale. (e) On and after July 1, 2015, a  store   store, as defined in paragraph (1) or (2) of subdivision (h) of Section 42280,  may distribute a compostable bag at the point of sale, if the compostable bag is provided to the consumer at the cost specified pursuant to paragraph (2), the compostable bag, at a minimum, meets the American Society for Testing and Materials (ASTM)  International  Standard Specification for Compostable Plastics D6400,  as updated,  and in the jurisdiction where the compostable bag is sold and in the jurisdiction where the store is located, both of the following requirements are met: (1) A majority of the residential households in the jurisdiction have access to curbside collection of foodwaste for composting. (2) The governing authority for the jurisdiction has voted to allow stores in the jurisdiction to sell to  a  consumers at the point of sale a compostable bag at a cost not less than the actual cost of the bag, which the Legislature hereby finds to be not less than ten cents ($0.10) per bag. (f) A  store   store, as defined in paragraph (1) or (2) of subdivision (h) of Section 42280,  shall not require a customer to use, purchase, or accept a single-use carryout bag, recycled paper bag, compostable bag, or reusable grocery bag as a condition of sale of any product. 42283.5. On and after July 1, 2016, a store, as defined in paragraph (3) or (4) of subdivision  (g)   (h)  of Section 42280, shall comply with the same requirements of Section 42283 that are imposed upon a store, as defined in paragraph (1) or (2) of subdivision  (g)   (h)  of Section  42880.   42280.  42283.6. (a)    The operator of a store, as defined in paragraph (1) or (2) of subdivision  (g)   (h)  of Section  42280 shall, in addition to complying with the requirements of Chapter 5.1 (commencing with Section 42250), establish an at-store recycling program that provides an opportunity for customers to return to the store a clean polyethylene, polypropylene, or polyethylene terephthalate bag, including, but not limited to, a single-use carryout bag or a reusable grocery bag. The at-store recycling program shall include all of the following:   42280, shall be subject to the provisions of both the at-store recycling program (Chapter 5.1 (commencing with Section 42250)) and the provisions of this chapter.   (b) A store that voluntarily agrees to comply with the provisions of this article pursuant to subdivision (h) of Section 42280, shall also comply with the provisions of the at-store recycling program (Chapter 5.1 (commencing with Section 42250)).   (a) Any polyethylene, polypropylene, and polyethylene terephthalate bag provided by the store shall have printed or displayed on the bag or on a tag, in a manner visible to a consumer, and in compliance with Section 42281, the words "PLEASE RETURN TO A PARTICIPATING STORE FOR RECYCLING."   (b) A collection bin shall be placed at each store and shall be visible, easily accessible to the consumer, and clearly marked that the collection bin is available for the purpose of collecting and recycling a polyethylene, polypropylene, or polyethylene terephthalate bag.   (c) All polyethylene, polypropylene, or polyethylene terephthalate bags collected by the store pursuant to this section shall be collected, transported, and recycled in a manner that does not conflict with the local jurisdiction's source reduction and recycling element, pursuant to Chapter 2 (commencing with Section 41000) and Chapter 3 (commencing with Section 41300) of Part 2.   (d) A retail establishment that elects to comply with this chapter pursuant to paragraph (5) of subdivision (g) of Section 42280 shall establish an at-store recycling program in accordance with this section.   42284. The department may establish a registration fee to be paid by a retail establishment that elects to comply with the requirements imposed pursuant to this chapter upon a store pursuant to paragraph (5) of subdivision (g) of Section 42280. The department shall set the amount of the fee in an amount that covers the costs to the department to regulate the fee payer's compliance with this chapter. The department may expend the fees pursuant to this section, upon appropriation by the Legislature, to carry out that regulatory authority.   42284. (a) A retail establishment not specifically required to comply with the requirements of this chapter is encouraged to reduce its distribution of single-use plastic carryout bags. (b) Pursuant to the provisions of subdivision (h) of Section 42280, any retail establishment that is not a "store," that provides the department with the written notice as specified in (c), shall be regulated as a "store" for the purposes of this chapter. (c) The written notice shall be dated and signed by an authorized representative of the retail establishment, and shall include the name and physical address of all retail locations covered by the notice. The department shall acknowledge receipt of the notice in writing and shall specify the date the retail establishment will be regulated as a "store," which shall not be less than 30 days after the date of the department's acknowledgment. The department shall post on its Internet Web site, organized by county, the name and physical location or locations of each retail establishment that has elected to be regulated as a "store."  Article 4. Enforcement 42285. (a)  Except as provided in Section 42282.2, a   A  city, a county, a city and county, or the state may impose civil liability  on a person or entity that knowningly violated this chapter, or reasonably should have known that it violated this chapter,  in the amount of five hundred dollars ($500) for the first violation of this chapter, one thousand dollars ($1,000) for the second violation, and two thousand dollars ($2,000) for the third and subsequent violations. (b) Any civil penalties collected pursuant to subdivision (a) shall be paid to the office of the city attorney, city prosecutor, district attorney, or Attorney General, whichever office brought the action. The penalties collected pursuant to this section by the Attorney General may be expended by the Attorney General, upon appropriation by the Legislature, to enforce this chapter.  (c) The remedies provided by this section shall not be exclusive and shall be in addition to the remedies that may be available pursuant to Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code.  Article 5. Preemption 42287. (a) Except as provided in subdivision (c), this chapter is a matter of statewide interest and concern and is applicable uniformly throughout the state. Accordingly, this chapter occupies the whole field of regulation of reusable grocery bags, single-use carryout bags, and recycled paper bags, as defined in this  chapter.   chapter, provided by a store, as defined in this chapter.  (b) On and after January 1, 2015, a city, county, or other local public agency shall not enforce, or otherwise implement, an ordinance, resolution, regulation, or rule  , or any amendment thereto,  adopted on or after September 1, 2014, relating to reusable grocery bags, single-use carryout bags, or recycled paper bags, against a store, as defined in this chapter, unless expressly authorized by this chapter. (c) A city, county, or other local public agency that has adopted, prior to September 1, 2014, an ordinance, resolution, regulation, or rule relating to reusable grocery bags, single-use carryout bags, or recycled paper bags may continue to enforce and implement that ordinance, resolution, regulation, or rule that was in effect before that date. Any amendments to that ordinance, resolution, regulation, or rule on or after January 1, 2015, shall be subject to subdivision (b), except  any   the  city, county, or other local public agency may adopt or amend an ordinance, resolution, regulation, or rule  with regard  to  increase  the amount that a store shall charge with regard to a recycled paper bag, compostable bag, or reusable grocery bag  to no less than the amount specified in Section 42283  . Article 6. Financial Provisions 42288. (a) Notwithstanding Section 42023.2, the sum of two million dollars ($2,000,000) is hereby appropriated from the Recycling Market Development Revolving Loan Subaccount in the Integrated Waste Management Account to the department for the purposes of providing loans and grants for the creation and retention of jobs and economic activity in this state for the manufacture and recycling of plastic reusable grocery bags that use recycled content, including postconsumer recycled material. (b) The department shall expend the funds appropriated pursuant to this section to provide loans and grants for both of the following: (1) Development and conversion of machinery and facilities for the manufacture of single-use plastic bags into machinery and facilities for the manufacturer of durable reusable grocery bags that, at a minimum, meet the requirements of Section 42281. (2) Development of equipment for the manufacture of reusable grocery bags, that, at a minimum, meet the requirements of Section 42281. (c) A recipient of a grant authorized by this section shall agree, as a condition of receiving a grant, to retain and retrain existing employees for the manufacturing of reusable grocery bags that, at a minimum, meet the requirements of Section 42281.