California 2023 2023-2024 Regular Session

California Senate Bill SB777 Amended / Bill

Filed 05/18/2023

                    Amended IN  Senate  May 18, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 777Introduced by Senator AllenFebruary 17, 2023 An act to amend Section 42283.7 of the Public Resources Code, relating to solid waste. LEGISLATIVE COUNSEL'S DIGESTSB 777, as amended, Allen. Solid waste: reusable grocery bags and recycled paper bags.The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, generally regulates the disposal, management, and recycling of solid waste. Existing law prohibits certain stores from providing a single-use carryout bag to a customer and prohibits those stores from selling or distributing a reusable grocery bag or a recycled paper bag at the point of sale unless the store makes that bag available for purchase for not less than $0.10. Existing law requires a store to retain those collected moneys to be used only for costs associated with complying with those provisions, actual costs of providing recycled paper bags or reusable grocery bags, and costs associated with a stores educational materials or educational campaign encouraging the use of reusable grocery bags. Existing law authorizes a city, county, city and county, or the state to impose civil penalties on a person or entity that knows or reasonably should have known it is in violation of those requirements.This bill would require a store to retain the collected moneys to also be used for costs associated with providing consumers with an opportunity for returning reusable grocery bags to the store for recycling, and any other costs associated with ensuring that collected bags are recycled. TheThis bill would require stores to submit a quarterly report to the department with specified information related to the total costs associated with complying with the act, as specified, and the balance, if any, of remaining funds, in the quarter. The bill would authorize the department to conduct related audits on the departments own initiative or upon request and would authorize an authorized representative of a store with a collective bargaining agreement to review and make copies of those quarterly reports. The bill would require that these provisions apply only to certain stores, as described.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. This act shall be known as the Transparency in Grocery Bag Recycling Act. SEC. 2. Section 42283.7 of the Public Resources Code is amended to read:42283.7. (a) All moneys collected pursuant to this article shall be retained by the store and may be used only for the following purposes:(1) Actual costs associated with complying with the requirements of this article.(2) Actual costs of providing recycled paper bags or reusable grocery bags.(3) Costs associated with a stores educational materials or educational campaign encouraging the use of reusable grocery bags.(4) Costs associated with providing consumers with an opportunity for returning reusable grocery bags to the store for recycling, and any other costs associated with ensuring that collected bags are recycled.(b) A store shall submit a quarterly report to the department specifying all of the following:(1) The number of bags purchased in the quarter, categorized by the type of bags purchased.(2) The actual costs to the store for acquiring and providing the bags purchased in the quarter, categorized by the type of bags purchased.(3) The actual costs associated with paragraphs (3) and (4) of subdivision (a), categorized by the type of bags purchased.(4) The total costs associated with subdivision (a) in the quarter, categorized by the types of bags purchased.(5) The balance, if any, of remaining funds in the quarter.(c) An authorized representative of a store with a collective bargaining agreement may, upon request, review and make copies of the quarterly reports submitted by the store to the department pursuant to subdivision (b).(d) The department may conduct audits of stores, upon the departments own initiative or upon request, for compliance with this section.(e) For purposes of subdivisions (b), (c), and (d), store means a full-line, self-service retail establishment that meets all of the following criteria:(1) Has gross annual sales of two million dollars ($2,000,000) or more.(2) Sells a line of dry groceries, canned goods, or nonfood items, and some perishable items.(3) Is an employer with 300 or more employees nationwide. For purposes of this paragraph, employer is a person, as defined in Section 18 of the Labor Code, and includes, but is not limited to, a proprietorship, joint venture, corporate officer, or executive.

 Amended IN  Senate  May 18, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 777Introduced by Senator AllenFebruary 17, 2023 An act to amend Section 42283.7 of the Public Resources Code, relating to solid waste. LEGISLATIVE COUNSEL'S DIGESTSB 777, as amended, Allen. Solid waste: reusable grocery bags and recycled paper bags.The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, generally regulates the disposal, management, and recycling of solid waste. Existing law prohibits certain stores from providing a single-use carryout bag to a customer and prohibits those stores from selling or distributing a reusable grocery bag or a recycled paper bag at the point of sale unless the store makes that bag available for purchase for not less than $0.10. Existing law requires a store to retain those collected moneys to be used only for costs associated with complying with those provisions, actual costs of providing recycled paper bags or reusable grocery bags, and costs associated with a stores educational materials or educational campaign encouraging the use of reusable grocery bags. Existing law authorizes a city, county, city and county, or the state to impose civil penalties on a person or entity that knows or reasonably should have known it is in violation of those requirements.This bill would require a store to retain the collected moneys to also be used for costs associated with providing consumers with an opportunity for returning reusable grocery bags to the store for recycling, and any other costs associated with ensuring that collected bags are recycled. TheThis bill would require stores to submit a quarterly report to the department with specified information related to the total costs associated with complying with the act, as specified, and the balance, if any, of remaining funds, in the quarter. The bill would authorize the department to conduct related audits on the departments own initiative or upon request and would authorize an authorized representative of a store with a collective bargaining agreement to review and make copies of those quarterly reports. The bill would require that these provisions apply only to certain stores, as described.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO 

 Amended IN  Senate  May 18, 2023

Amended IN  Senate  May 18, 2023

 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION

 Senate Bill 

No. 777

Introduced by Senator AllenFebruary 17, 2023

Introduced by Senator Allen
February 17, 2023

 An act to amend Section 42283.7 of the Public Resources Code, relating to solid waste. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

SB 777, as amended, Allen. Solid waste: reusable grocery bags and recycled paper bags.

The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, generally regulates the disposal, management, and recycling of solid waste. Existing law prohibits certain stores from providing a single-use carryout bag to a customer and prohibits those stores from selling or distributing a reusable grocery bag or a recycled paper bag at the point of sale unless the store makes that bag available for purchase for not less than $0.10. Existing law requires a store to retain those collected moneys to be used only for costs associated with complying with those provisions, actual costs of providing recycled paper bags or reusable grocery bags, and costs associated with a stores educational materials or educational campaign encouraging the use of reusable grocery bags. Existing law authorizes a city, county, city and county, or the state to impose civil penalties on a person or entity that knows or reasonably should have known it is in violation of those requirements.This bill would require a store to retain the collected moneys to also be used for costs associated with providing consumers with an opportunity for returning reusable grocery bags to the store for recycling, and any other costs associated with ensuring that collected bags are recycled. TheThis bill would require stores to submit a quarterly report to the department with specified information related to the total costs associated with complying with the act, as specified, and the balance, if any, of remaining funds, in the quarter. The bill would authorize the department to conduct related audits on the departments own initiative or upon request and would authorize an authorized representative of a store with a collective bargaining agreement to review and make copies of those quarterly reports. The bill would require that these provisions apply only to certain stores, as described.

The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, generally regulates the disposal, management, and recycling of solid waste. Existing law prohibits certain stores from providing a single-use carryout bag to a customer and prohibits those stores from selling or distributing a reusable grocery bag or a recycled paper bag at the point of sale unless the store makes that bag available for purchase for not less than $0.10. Existing law requires a store to retain those collected moneys to be used only for costs associated with complying with those provisions, actual costs of providing recycled paper bags or reusable grocery bags, and costs associated with a stores educational materials or educational campaign encouraging the use of reusable grocery bags. Existing law authorizes a city, county, city and county, or the state to impose civil penalties on a person or entity that knows or reasonably should have known it is in violation of those requirements.

This bill would require a store to retain the collected moneys to also be used for costs associated with providing consumers with an opportunity for returning reusable grocery bags to the store for recycling, and any other costs associated with ensuring that collected bags are recycled. The

This bill would require stores to submit a quarterly report to the department with specified information related to the total costs associated with complying with the act, as specified, and the balance, if any, of remaining funds, in the quarter. The bill would authorize the department to conduct related audits on the departments own initiative or upon request and would authorize an authorized representative of a store with a collective bargaining agreement to review and make copies of those quarterly reports. The bill would require that these provisions apply only to certain stores, as described.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. This act shall be known as the Transparency in Grocery Bag Recycling Act. SEC. 2. Section 42283.7 of the Public Resources Code is amended to read:42283.7. (a) All moneys collected pursuant to this article shall be retained by the store and may be used only for the following purposes:(1) Actual costs associated with complying with the requirements of this article.(2) Actual costs of providing recycled paper bags or reusable grocery bags.(3) Costs associated with a stores educational materials or educational campaign encouraging the use of reusable grocery bags.(4) Costs associated with providing consumers with an opportunity for returning reusable grocery bags to the store for recycling, and any other costs associated with ensuring that collected bags are recycled.(b) A store shall submit a quarterly report to the department specifying all of the following:(1) The number of bags purchased in the quarter, categorized by the type of bags purchased.(2) The actual costs to the store for acquiring and providing the bags purchased in the quarter, categorized by the type of bags purchased.(3) The actual costs associated with paragraphs (3) and (4) of subdivision (a), categorized by the type of bags purchased.(4) The total costs associated with subdivision (a) in the quarter, categorized by the types of bags purchased.(5) The balance, if any, of remaining funds in the quarter.(c) An authorized representative of a store with a collective bargaining agreement may, upon request, review and make copies of the quarterly reports submitted by the store to the department pursuant to subdivision (b).(d) The department may conduct audits of stores, upon the departments own initiative or upon request, for compliance with this section.(e) For purposes of subdivisions (b), (c), and (d), store means a full-line, self-service retail establishment that meets all of the following criteria:(1) Has gross annual sales of two million dollars ($2,000,000) or more.(2) Sells a line of dry groceries, canned goods, or nonfood items, and some perishable items.(3) Is an employer with 300 or more employees nationwide. For purposes of this paragraph, employer is a person, as defined in Section 18 of the Labor Code, and includes, but is not limited to, a proprietorship, joint venture, corporate officer, or executive.

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:

SECTION 1. This act shall be known as the Transparency in Grocery Bag Recycling Act. 

SECTION 1. This act shall be known as the Transparency in Grocery Bag Recycling Act. 

SECTION 1. This act shall be known as the Transparency in Grocery Bag Recycling Act. 

### SECTION 1.

SEC. 2. Section 42283.7 of the Public Resources Code is amended to read:42283.7. (a) All moneys collected pursuant to this article shall be retained by the store and may be used only for the following purposes:(1) Actual costs associated with complying with the requirements of this article.(2) Actual costs of providing recycled paper bags or reusable grocery bags.(3) Costs associated with a stores educational materials or educational campaign encouraging the use of reusable grocery bags.(4) Costs associated with providing consumers with an opportunity for returning reusable grocery bags to the store for recycling, and any other costs associated with ensuring that collected bags are recycled.(b) A store shall submit a quarterly report to the department specifying all of the following:(1) The number of bags purchased in the quarter, categorized by the type of bags purchased.(2) The actual costs to the store for acquiring and providing the bags purchased in the quarter, categorized by the type of bags purchased.(3) The actual costs associated with paragraphs (3) and (4) of subdivision (a), categorized by the type of bags purchased.(4) The total costs associated with subdivision (a) in the quarter, categorized by the types of bags purchased.(5) The balance, if any, of remaining funds in the quarter.(c) An authorized representative of a store with a collective bargaining agreement may, upon request, review and make copies of the quarterly reports submitted by the store to the department pursuant to subdivision (b).(d) The department may conduct audits of stores, upon the departments own initiative or upon request, for compliance with this section.(e) For purposes of subdivisions (b), (c), and (d), store means a full-line, self-service retail establishment that meets all of the following criteria:(1) Has gross annual sales of two million dollars ($2,000,000) or more.(2) Sells a line of dry groceries, canned goods, or nonfood items, and some perishable items.(3) Is an employer with 300 or more employees nationwide. For purposes of this paragraph, employer is a person, as defined in Section 18 of the Labor Code, and includes, but is not limited to, a proprietorship, joint venture, corporate officer, or executive.

SEC. 2. Section 42283.7 of the Public Resources Code is amended to read:

### SEC. 2.

42283.7. (a) All moneys collected pursuant to this article shall be retained by the store and may be used only for the following purposes:(1) Actual costs associated with complying with the requirements of this article.(2) Actual costs of providing recycled paper bags or reusable grocery bags.(3) Costs associated with a stores educational materials or educational campaign encouraging the use of reusable grocery bags.(4) Costs associated with providing consumers with an opportunity for returning reusable grocery bags to the store for recycling, and any other costs associated with ensuring that collected bags are recycled.(b) A store shall submit a quarterly report to the department specifying all of the following:(1) The number of bags purchased in the quarter, categorized by the type of bags purchased.(2) The actual costs to the store for acquiring and providing the bags purchased in the quarter, categorized by the type of bags purchased.(3) The actual costs associated with paragraphs (3) and (4) of subdivision (a), categorized by the type of bags purchased.(4) The total costs associated with subdivision (a) in the quarter, categorized by the types of bags purchased.(5) The balance, if any, of remaining funds in the quarter.(c) An authorized representative of a store with a collective bargaining agreement may, upon request, review and make copies of the quarterly reports submitted by the store to the department pursuant to subdivision (b).(d) The department may conduct audits of stores, upon the departments own initiative or upon request, for compliance with this section.(e) For purposes of subdivisions (b), (c), and (d), store means a full-line, self-service retail establishment that meets all of the following criteria:(1) Has gross annual sales of two million dollars ($2,000,000) or more.(2) Sells a line of dry groceries, canned goods, or nonfood items, and some perishable items.(3) Is an employer with 300 or more employees nationwide. For purposes of this paragraph, employer is a person, as defined in Section 18 of the Labor Code, and includes, but is not limited to, a proprietorship, joint venture, corporate officer, or executive.

42283.7. (a) All moneys collected pursuant to this article shall be retained by the store and may be used only for the following purposes:(1) Actual costs associated with complying with the requirements of this article.(2) Actual costs of providing recycled paper bags or reusable grocery bags.(3) Costs associated with a stores educational materials or educational campaign encouraging the use of reusable grocery bags.(4) Costs associated with providing consumers with an opportunity for returning reusable grocery bags to the store for recycling, and any other costs associated with ensuring that collected bags are recycled.(b) A store shall submit a quarterly report to the department specifying all of the following:(1) The number of bags purchased in the quarter, categorized by the type of bags purchased.(2) The actual costs to the store for acquiring and providing the bags purchased in the quarter, categorized by the type of bags purchased.(3) The actual costs associated with paragraphs (3) and (4) of subdivision (a), categorized by the type of bags purchased.(4) The total costs associated with subdivision (a) in the quarter, categorized by the types of bags purchased.(5) The balance, if any, of remaining funds in the quarter.(c) An authorized representative of a store with a collective bargaining agreement may, upon request, review and make copies of the quarterly reports submitted by the store to the department pursuant to subdivision (b).(d) The department may conduct audits of stores, upon the departments own initiative or upon request, for compliance with this section.(e) For purposes of subdivisions (b), (c), and (d), store means a full-line, self-service retail establishment that meets all of the following criteria:(1) Has gross annual sales of two million dollars ($2,000,000) or more.(2) Sells a line of dry groceries, canned goods, or nonfood items, and some perishable items.(3) Is an employer with 300 or more employees nationwide. For purposes of this paragraph, employer is a person, as defined in Section 18 of the Labor Code, and includes, but is not limited to, a proprietorship, joint venture, corporate officer, or executive.

42283.7. (a) All moneys collected pursuant to this article shall be retained by the store and may be used only for the following purposes:(1) Actual costs associated with complying with the requirements of this article.(2) Actual costs of providing recycled paper bags or reusable grocery bags.(3) Costs associated with a stores educational materials or educational campaign encouraging the use of reusable grocery bags.(4) Costs associated with providing consumers with an opportunity for returning reusable grocery bags to the store for recycling, and any other costs associated with ensuring that collected bags are recycled.(b) A store shall submit a quarterly report to the department specifying all of the following:(1) The number of bags purchased in the quarter, categorized by the type of bags purchased.(2) The actual costs to the store for acquiring and providing the bags purchased in the quarter, categorized by the type of bags purchased.(3) The actual costs associated with paragraphs (3) and (4) of subdivision (a), categorized by the type of bags purchased.(4) The total costs associated with subdivision (a) in the quarter, categorized by the types of bags purchased.(5) The balance, if any, of remaining funds in the quarter.(c) An authorized representative of a store with a collective bargaining agreement may, upon request, review and make copies of the quarterly reports submitted by the store to the department pursuant to subdivision (b).(d) The department may conduct audits of stores, upon the departments own initiative or upon request, for compliance with this section.(e) For purposes of subdivisions (b), (c), and (d), store means a full-line, self-service retail establishment that meets all of the following criteria:(1) Has gross annual sales of two million dollars ($2,000,000) or more.(2) Sells a line of dry groceries, canned goods, or nonfood items, and some perishable items.(3) Is an employer with 300 or more employees nationwide. For purposes of this paragraph, employer is a person, as defined in Section 18 of the Labor Code, and includes, but is not limited to, a proprietorship, joint venture, corporate officer, or executive.



42283.7. (a) All moneys collected pursuant to this article shall be retained by the store and may be used only for the following purposes:

(1) Actual costs associated with complying with the requirements of this article.

(2) Actual costs of providing recycled paper bags or reusable grocery bags.

(3) Costs associated with a stores educational materials or educational campaign encouraging the use of reusable grocery bags.

(4) Costs associated with providing consumers with an opportunity for returning reusable grocery bags to the store for recycling, and any other costs associated with ensuring that collected bags are recycled.

(b) A store shall submit a quarterly report to the department specifying all of the following:

(1) The number of bags purchased in the quarter, categorized by the type of bags purchased.

(2) The actual costs to the store for acquiring and providing the bags purchased in the quarter, categorized by the type of bags purchased.

(3) The actual costs associated with paragraphs (3) and (4) of subdivision (a), categorized by the type of bags purchased.

(4) The total costs associated with subdivision (a) in the quarter, categorized by the types of bags purchased.

(5) The balance, if any, of remaining funds in the quarter.

(c) An authorized representative of a store with a collective bargaining agreement may, upon request, review and make copies of the quarterly reports submitted by the store to the department pursuant to subdivision (b).

(d) The department may conduct audits of stores, upon the departments own initiative or upon request, for compliance with this section.

(e) For purposes of subdivisions (b), (c), and (d), store means a full-line, self-service retail establishment that meets all of the following criteria:

(1) Has gross annual sales of two million dollars ($2,000,000) or more.

(2) Sells a line of dry groceries, canned goods, or nonfood items, and some perishable items.

(3) Is an employer with 300 or more employees nationwide. For purposes of this paragraph, employer is a person, as defined in Section 18 of the Labor Code, and includes, but is not limited to, a proprietorship, joint venture, corporate officer, or executive.