AB 2449—At-Store Recycling Program

Introduction

AB 2449 (Levine), Chapter 845, Statutes of 2006 was passed by the Legislature requiring implementation of a statewide plastic bag recycling program, as well as the composition, use, recycling opportunities and disposal of plastic grocery and retail bags.

According to the Progressive Bag Alliance, California retailers distribute more than 19 billion plastic retail carryout bags annually. Less than 5 percent are currently recycled. At-store plastic bag recycling programs can help provide California consumers with a convenient network of more than 7,000 locations for bag recycling.

With the 2006 enactment of AB 2449, stores (as defined in the Definitions section below), are required to provide drop-off recycling service for grocery and merchandise bags.

This law, which took effect July 1, 2007, requires stores to set up an at-store recycling program for customers.

• Annual Report
• Definitions
• Store Requirements
• Manufacturer Requirement
• Local Government Roles
• Local Government Restrictions
• Timeline
• Penalties
• Legislation
• Regulations
• Additional Resources

Annual Report

At the March 18, 2008, CIWMB Board meeting, Mark Leary, Executive Director, announced the April 1, 2008 due date for the 2007 annual report was being extended to May 15, 2008. This extension, in part, is to allow reporting stores the time to accurately and thoroughly report the required information.

The CIWMB has developed a model report and series of data sheets to assist operators or designated reporting parties in meeting the May 15, 2008 deadline. These tools have been developed to streamline the reporting process:

• Operator Certification and Designation Model Report (Adobe PDF, 44 KB | Word, 42 KB)
• Plastic Carryout Bag Purchase Model Data Sheet (Adobe PDF, 49 KB | Word, 83 KB)
• Plastic Carryout Bag/film Plastic Model Data Sheet (Adobe PDF, 80 KB | Word, 148 KB)

Definitions

• "Manufacturer" means the producer of a plastic carryout bag sold to a store.
• "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.
• "Plastic carryout bag" means a plastic carryout bag provided by a store to a customer at the point of sale.
• "Reusable bag" means either of the following:

• A bag made of cloth or other machine washable fabric that has handles.
• A durable plastic bag with handles that is at least 2.25 mils thick and is specifically designed and manufactured for multiple reuses.

• "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:

• Retail establishment--has over 10,000 square feet of retail space that generates sales tax and has a licensed pharmacy.
• Supermarket--a full-line, self-service, retail store with gross annual sales of $2 million or more and which sells a line of dry groceries, canned goods, nonfood items, or perishable goods.

Store Requirements

The basic requirements for stores include the following:

• All plastic carryout bags 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."
• At least one plastic carryout bag collection bin shall be placed at each store. The bin should be visible and easily accessible to the consumer. It should be clearly marked indicating that the collection bin is available for the purpose of collecting and recycling plastic carryout bags.
• The store shall maintain records for a minimum of three years describing the collection, transport, and recycling of plastic bags and shall upon request make the records available to the California Integrated Waste Management Board (CIWMB) or the local jurisdiction to demonstrate compliance with this chapter.
• 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.

Retail establishments that are not mandated to establish an at-store recycling program and provide plastic carryout bags to customers at the point of sale may also adopt an at-store recycling program.

Manufacturer Requirement

The manufacturer of a plastic carryout bag shall develop educational materials to encourage the reduction of use and the reuse and recycling of plastic bags and shall make those materials available to stores required to comply with AB 2449.

Local Government Roles

A city, county, or other public agency may do the following:

• Ensure that a store is in compliance.
• Review and analyze store records.
• Pursue civil penalties.
• Adopt, implement, or enforce 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.

Local Government Restrictions

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:

• Require a store that is in compliance with AB 2449 to collect, transport, or recycle plastic carryout bags.
• Impose a plastic carryout bag fee upon a store that is in compliance with AB 2449.
• Require auditing or reporting requirements that are in addition to what is required by subdivision (d) of Public Resources Code Section 42252, upon a store that is in compliance with AB 2449.

Timeline

• AB 2449 shall become operative on July 1, 2007.
• AB 2449 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.

Penalties

A city, county, or the state may impose civil liability in the amount of five hundred dollars ($500) for the first violation of AB 2449, one thousand dollars ($1,000) for the second violation, and two thousand dollars ($2,000) for the third and subsequent violation for those who do not comply with AB 2449.

Legislation

AB 2449 (Levine), Chapter 845, Statutes of 2006, an act to add and repeal Chapter 5.1 (commencing with Section 42250) to Part 3 of Division 30 of the Public Resources Code.

Regulations

Proposed permanent regulations affecting California Code of Regulations, Title 14, Division 7, Chapter 4, Article 6.

Additional Resources

Progressive Bag Alliance

The Progressive Bag Alliance developed a toolkit to help make it easier for retailers of all sizes to implement at-store plastic bag recycling programs. In addition, this toolkit will help retailers facilitate the recovery of clean, dry grocery and retail carryout bags, as well as other polyethylene films. The toolkit provides retailers with a step-by-step process to implement an at-store plastic bag recycling program, including instructions on setting up collection bins, signage, bag consolidation, sale of material, and consumer education. The toolkit can be downloaded for free.

Plastic Bag Recycling

The American Plastics Council and Moore Recycling Associates have developed a website (www.PlasticBagRecycling.org) to facilitate the recovery of clean dry grocery, and retail bags, and polyethylene film such as stretch wrap and shrink wrap. The website provides consumers, municipalities and businesses in California an opportunity to identify grocery stores and other recovery facility locations that collect plastic bags and film for recycling. Additional highlights of the website include a film identification section, information on how to set up a collection program, a markets database, and tools to determine the cost-effectiveness of an onsite plastic film recovery program.

City of Los Angeles

The City of Los Angeles has developed a number of resources for recycling plastic bags for the public, retailers, and schools. One resource is a toolkit for retailers that include a number of different posters with the message of recycling clean plastic bags. The posters can be used on walls, bins, and windows. A plastics website (www.plastics.lacity.org) has been developed so that the public and retailers can download useful information about plastic-bag recycling. In addition, several residential curbside trucks will display plastic-bag recycling promotions on the sides of the trucks. The city also has fact sheets for grocers that fall under AB 2449 and for those that want to voluntarily participate in the recycling program. The city's new multi-family recycling program will include plastic film, and schools will be able to add plastic film to their school's curbside program. For more information on the city's program, contact Lupe Vela at (213) 485-2997 or Angel Orozco at (213) 485-2934.

Sonoma County Waste Management Authority

In its annual Sonoma County Recycling Guide, "Recycle 2007," the waste management agency has provided a brief description of AB 2449 and the options residences and businesses have for recycling plastic bags. This 28-page guide will appear under the Recycling section in the AT&T Yellow Pages phone book, which is distributed to 340,000 customers. In addition, 24,000 extra copies of the guide will be distributed at the Chambers of Commerce, Welcome Neighbor organizations, real-estate offices, fairs, and at grocery stores. For more information, please contact Karina Chilcott at (707) 565-3668 or Patrick Carter at (707) 565-3687.

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