SECTIONS 42250-42257 - California Statutes

PUBLIC RESOURCES CODE

SECTION 42250-42257

42250. For purposes of this chapter, the following definitions
shall apply:
(a) "Manufacturer" means the producer of a plastic carryout bag
sold to a store.
(b) "Operator" means a person in control of, or having daily
responsibility for, the daily operation of a store, which may
include, but is not limited to, the owner of the store.
(c) "Plastic carryout bag" means a plastic carryout bag provided
by a store to a customer at the point of sale.
(d) "Reusable bag" means either of the following:
(1) A bag made of cloth or other machine washable fabric that has
handles.
(2) A durable plastic bag with handles that is at least 2.25 mils
thick and is specifically designed and manufactured for multiple
reuse.
(e) "Store" means a retail establishment that provides plastic
carryout bags to its customers as a result of the sale of a product
and that meets either of the following requirements:
(1) Meet the definition of a "supermarket" as found in Section
14526.5.
(2) Has over 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.

42251. (a) The operator of a store shall establish an at-store
recycling program pursuant to this chapter that provides an
opportunity for a customer of the store to return to the store clean
plastic carryout bags.
(b) A retail establishment that does not meet the definition of a
store, as specified in Section 42250, and that provides plastic
carryout bags to customers at the point of sale may also adopt an
at-store recycling program, as specified in this chapter.

42252. An at-store recycling program provided by the operator of a
store shall include all of the following:
(a) A plastic carryout bag provided by the store shall have
printed or displayed on the bag, in a manner visible to a consumer,
the words "PLEASE RETURN TO A PARTICIPATING STORE FOR RECYCLING."
(b) A plastic carryout bag 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 plastic carryout bags.
(c) All plastic bags collected by the store 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) The store shall maintain records describing the collection,
transport, and recycling of plastic bags collected for a minimum of
three years and shall make the records available to the board or the
local jurisdiction, upon request, to demonstrate compliance with this
chapter.
(e) The operator of the store shall make reusable bags available
to customers within the store, which may be purchased and used in
lieu of using a plastic carryout bag or paper bag. This subdivision
is not applicable to a retail establishment specified pursuant to
subdivision (b) of Section 42251.

42253. The manufacturer of a plastic carryout bag shall develop
educational materials to encourage the reducing, reusing, and
recycling plastic bags and shall make those materials available to
stores required to comply with this chapter.

42254. (a) The Legislature finds and declares that all of these are
matters of statewide interest and concern:
(1) Requiring a store to collect, transport, or recycle plastic
carryout bags.
(2) Imposing a plastic carryout bag fee upon a store.
(3) Requiring a store to conduct auditing or reporting with regard
to plastic carryout bags.
(b) Unless expressly authorized by this chapter, a city, county,
or other public agency shall not adopt, implement, or enforce an
ordinance, resolution, regulation, or rule to do any of the
following:
(1) Require a store that is in compliance with this chapter to
collect, transport, or recycle plastic carryout bags.
(2) Impose a plastic carryout bag fee upon a store that is in
compliance with this chapter.
(3) Require auditing or reporting requirements that are in
addition to what is required by subdivision (d) of Section 42252,
upon a store that is in compliance with this chapter.
(c) This section does not prohibit the adoption, implementation,
or enforcement of any local ordinance, resolution, regulation, or
rule governing curbside or drop off recycling programs operated by,
or pursuant to a contract with, a city, county, or other public
agency, including any action relating to fees for these programs.
(d) This section does not affect any contract, franchise, permit,
license, or other arrangement regarding the collection or recycling
of solid waste or household hazardous waste.

42255. (a) A city, county, or the state may impose civil liability
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 violation.
(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.

42256. This chapter shall become operative on July 1, 2007.

42257. This chapter shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.