California 2023-2024 Regular Session

California Senate Bill SB777 Latest Draft

Bill / Enrolled Version Filed 09/19/2023

                            Enrolled  September 19, 2023 Passed IN  Senate  September 14, 2023 Passed IN  Assembly  September 14, 2023 Amended IN  Assembly  September 07, 2023 Amended IN  Assembly  September 01, 2023 Amended IN  Assembly  July 12, 2023 Amended IN  Assembly  July 03, 2023 Amended IN  Senate  May 18, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 777Introduced by Senator AllenFebruary 17, 2023An act to amend Section 42283.7 of the Public Resources Code, relating to solid waste. LEGISLATIVE COUNSEL'S DIGESTSB 777, 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.The bill would require stores to submit an annual 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 year. The bill would authorize a chain that owns more than one store to report aggregated data for all of the stores operated under that chain. The bill would authorize an authorized representative of a store with a collective bargaining agreement to review and make copies of those annual 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 an annual report to the department specifying all of the following:(1) The number of bags purchased in the year, categorized by the type of bags purchased.(2) The number of bags given away without charge pursuant to subdivision (d) of Section 42283.(3) The actual costs to the store for acquiring and providing the bags purchased in the year, categorized by the type of bags purchased.(4) The actual costs associated with paragraphs (3) and (4) of subdivision (a), categorized by the type of bags purchased.(5) The total costs associated with subdivision (a) in the year, categorized by the types of bags purchased.(6) The balance, if any, of remaining funds in the year.(c) An authorized representative of a store with a collective bargaining agreement may, upon request, review and make copies of the annual reports submitted by the store to the department pursuant to subdivision (b).(d) For purposes of subdivisions (b) and (c), 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.(e) A chain that owns more than one store may report aggregated data for all of the stores operated under that chain.

 Enrolled  September 19, 2023 Passed IN  Senate  September 14, 2023 Passed IN  Assembly  September 14, 2023 Amended IN  Assembly  September 07, 2023 Amended IN  Assembly  September 01, 2023 Amended IN  Assembly  July 12, 2023 Amended IN  Assembly  July 03, 2023 Amended IN  Senate  May 18, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 777Introduced by Senator AllenFebruary 17, 2023An act to amend Section 42283.7 of the Public Resources Code, relating to solid waste. LEGISLATIVE COUNSEL'S DIGESTSB 777, 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.The bill would require stores to submit an annual 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 year. The bill would authorize a chain that owns more than one store to report aggregated data for all of the stores operated under that chain. The bill would authorize an authorized representative of a store with a collective bargaining agreement to review and make copies of those annual 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 

 Enrolled  September 19, 2023 Passed IN  Senate  September 14, 2023 Passed IN  Assembly  September 14, 2023 Amended IN  Assembly  September 07, 2023 Amended IN  Assembly  September 01, 2023 Amended IN  Assembly  July 12, 2023 Amended IN  Assembly  July 03, 2023 Amended IN  Senate  May 18, 2023

Enrolled  September 19, 2023
Passed IN  Senate  September 14, 2023
Passed IN  Assembly  September 14, 2023
Amended IN  Assembly  September 07, 2023
Amended IN  Assembly  September 01, 2023
Amended IN  Assembly  July 12, 2023
Amended IN  Assembly  July 03, 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, 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.The bill would require stores to submit an annual 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 year. The bill would authorize a chain that owns more than one store to report aggregated data for all of the stores operated under that chain. The bill would authorize an authorized representative of a store with a collective bargaining agreement to review and make copies of those annual 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 bill would require stores to submit an annual 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 year. The bill would authorize a chain that owns more than one store to report aggregated data for all of the stores operated under that chain. The bill would authorize an authorized representative of a store with a collective bargaining agreement to review and make copies of those annual 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 an annual report to the department specifying all of the following:(1) The number of bags purchased in the year, categorized by the type of bags purchased.(2) The number of bags given away without charge pursuant to subdivision (d) of Section 42283.(3) The actual costs to the store for acquiring and providing the bags purchased in the year, categorized by the type of bags purchased.(4) The actual costs associated with paragraphs (3) and (4) of subdivision (a), categorized by the type of bags purchased.(5) The total costs associated with subdivision (a) in the year, categorized by the types of bags purchased.(6) The balance, if any, of remaining funds in the year.(c) An authorized representative of a store with a collective bargaining agreement may, upon request, review and make copies of the annual reports submitted by the store to the department pursuant to subdivision (b).(d) For purposes of subdivisions (b) and (c), 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.(e) A chain that owns more than one store may report aggregated data for all of the stores operated under that chain.

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 an annual report to the department specifying all of the following:(1) The number of bags purchased in the year, categorized by the type of bags purchased.(2) The number of bags given away without charge pursuant to subdivision (d) of Section 42283.(3) The actual costs to the store for acquiring and providing the bags purchased in the year, categorized by the type of bags purchased.(4) The actual costs associated with paragraphs (3) and (4) of subdivision (a), categorized by the type of bags purchased.(5) The total costs associated with subdivision (a) in the year, categorized by the types of bags purchased.(6) The balance, if any, of remaining funds in the year.(c) An authorized representative of a store with a collective bargaining agreement may, upon request, review and make copies of the annual reports submitted by the store to the department pursuant to subdivision (b).(d) For purposes of subdivisions (b) and (c), 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.(e) A chain that owns more than one store may report aggregated data for all of the stores operated under that chain.

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 an annual report to the department specifying all of the following:(1) The number of bags purchased in the year, categorized by the type of bags purchased.(2) The number of bags given away without charge pursuant to subdivision (d) of Section 42283.(3) The actual costs to the store for acquiring and providing the bags purchased in the year, categorized by the type of bags purchased.(4) The actual costs associated with paragraphs (3) and (4) of subdivision (a), categorized by the type of bags purchased.(5) The total costs associated with subdivision (a) in the year, categorized by the types of bags purchased.(6) The balance, if any, of remaining funds in the year.(c) An authorized representative of a store with a collective bargaining agreement may, upon request, review and make copies of the annual reports submitted by the store to the department pursuant to subdivision (b).(d) For purposes of subdivisions (b) and (c), 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.(e) A chain that owns more than one store may report aggregated data for all of the stores operated under that chain.

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 an annual report to the department specifying all of the following:(1) The number of bags purchased in the year, categorized by the type of bags purchased.(2) The number of bags given away without charge pursuant to subdivision (d) of Section 42283.(3) The actual costs to the store for acquiring and providing the bags purchased in the year, categorized by the type of bags purchased.(4) The actual costs associated with paragraphs (3) and (4) of subdivision (a), categorized by the type of bags purchased.(5) The total costs associated with subdivision (a) in the year, categorized by the types of bags purchased.(6) The balance, if any, of remaining funds in the year.(c) An authorized representative of a store with a collective bargaining agreement may, upon request, review and make copies of the annual reports submitted by the store to the department pursuant to subdivision (b).(d) For purposes of subdivisions (b) and (c), 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.(e) A chain that owns more than one store may report aggregated data for all of the stores operated under that chain.

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 an annual report to the department specifying all of the following:(1) The number of bags purchased in the year, categorized by the type of bags purchased.(2) The number of bags given away without charge pursuant to subdivision (d) of Section 42283.(3) The actual costs to the store for acquiring and providing the bags purchased in the year, categorized by the type of bags purchased.(4) The actual costs associated with paragraphs (3) and (4) of subdivision (a), categorized by the type of bags purchased.(5) The total costs associated with subdivision (a) in the year, categorized by the types of bags purchased.(6) The balance, if any, of remaining funds in the year.(c) An authorized representative of a store with a collective bargaining agreement may, upon request, review and make copies of the annual reports submitted by the store to the department pursuant to subdivision (b).(d) For purposes of subdivisions (b) and (c), 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.(e) A chain that owns more than one store may report aggregated data for all of the stores operated under that chain.



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 an annual report to the department specifying all of the following:

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

(2) The number of bags given away without charge pursuant to subdivision (d) of Section 42283.

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

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

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

(6) The balance, if any, of remaining funds in the year.

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

(d) For purposes of subdivisions (b) and (c), 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.

(e) A chain that owns more than one store may report aggregated data for all of the stores operated under that chain.