CALIFORNIA PLASTIC BAG RECYCLING BILL

Whom to contact

Donna Dempsey
Executive Director, Film and Bag Federation
(202) 974-5219
ddempsey@plasticsindustry.org

California Legislature approved groundbreaking legislation on Wednesday, August 30, that will require all grocery and retail stores to provide plastic bag recycling opportunities for their customers or face penalties and fines. AB 2449, sponsored by Assemblyman Lloyd Levine (D-Van Nuys) and Californians Against Waste, is supported by the California Retailers Association and the California Grocers Association. The four largest domestic bag manufacturers (three of which are SPI members), who together comprise the Progressive Bag Alliance (PBA), helped to negotiate the bill. The PBA is affiliated with SPIÕs Film and Bag Federation.

All retail outlets above 10,000 square feet will be required to provide recycling bins and education materials to their customers to promote plastic carry out bag recycling. The type of retailers affected will include stores such as big box, department, jewelers, home furnishings, drug, and grocery chains. All plastic bags provided to customers will have to be printed with the slogan "Please Return to a Participating Store for Recycling." In addition, stores are required to provide reusable bags made of cloth or durable plastic with handles, designed for multiple reuse and at least 2.25 mil in thickness for purchase and use by customers.

The bill contains a "safe haven incentive preemption" whereby local governments cannot ban, levy fees or place taxes on plastic bags so long as the store is participating in the state mandated bag recycling program. If the bill is enacted, this will protect retailers who are participating in the statewide recycling program from local taxes and bans such as those the industry faced in the past year. Stores not providing recycling opportunities will be subject to local government ordinances and could face fines and penalties of up to $2,000 for each violation. This moratorium on local government action will be in effect until January 1, 2013.

AB 2449 will require bag manufacturers, distributors and suppliers to do the following: 1) print the recycling slogan on each plastic bag utilized in California; 2) develop education materials for the stores encouraging recycling, reusing, and reducing the use of plastic bags; and 3) make the education materials available to stores participating in the program. The four companies who comprise the PBA (including three SPI members) are expected to conduct a statewide public education program promoting recycling at stores and via curbside collection programs. They have already developed the at-store education materials and a municipal curbside tool kit to promote the additional collection of bags and are in the process of creating a statewide education and recycling promotion program.

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