California Department of Resources Recycling and Recovery (CalRecycle) 

Proposed Regulations

SB 270 Reusable Grocery Bag Certification Fee

Description

On November 8, 2016, California voters approved Proposition 67, which lifted a referendum that suspended the enactment of SB 270 (Padilla, Chapter 850, Statutes of 2014) and upheld the nation’s first statewide single-use plastic bag ban. As a result, SB 270, the original bag ban legislation, went into immediate effect. Because of this new law, most grocery stores, retail stores with a pharmacy, convenience stores, food marts, and liquor stores may no longer provide single-use plastic carryout bags to their customers. Instead, these stores may provide a certified reusable grocery bag or recycled paper bag to a customer at the point of sale for a charge of at least 10 cents.

Pursuant to the passage of the law, CalRecycle is currently accepting third-party certifications of reusable grocery bags through the Reusable Grocery Bag Reporting System (RGBRS) and is maintaining a list of certified reusable grocery bag producers on its website. Additionally, CalRecycle must establish an administrative certification fee schedule. The certification fees must be sufficient to cover CalRecycle’s ongoing costs of implementing its statutory responsibilities. CalRecycle will promulgate regulations in order to establish the administrative fee schedule. Once the regulations are approved, reusable grocery bag producers must pay a fee when they submit proof of certification documents to CalRecycle, and they must re-certify reusable grocery bags sold in the state on a biennial basis.

Affected Regulatory Code Sections

California Code of Regulations, Title 14, Division 7, Chapter 4, Article 7, commencing with section 17988.

Current Status and Documents

CalRecycle staff members are accepting public comments on the draft regulatory text and certification fee concepts through November 17, 2017. Comments can be submitted via email at SB270@calrecycle.ca.gov. Public comments will be taken into consideration as staff revise the draft regulatory text. For more information on the regulatory process, please visit the Office of Administrative Law's website.

The following schedule is a tentative estimate of the rulemaking timeline and is subject to change.

  • Public workshop on draft regulatory text: October 25, 2017
  • Formal workshops and rulemaking process: First quarter 2018
  • Adoption of the regulations: Late 2018 or Early 2019
  • Implementation of certification fee: Late 2018 or Early 2019

Documents

Contact

CalRecycle staff can be contacted at SB270@calrecycle.ca.gov.

More Information

For more information regarding the requirements of the law and to review commonly asked questions, see the SB 270 FAQs.

To receive updates, including notices regarding rulemaking, please subscribe to the Reusable Grocery Bag Certification (SB270) Listserv.

Last updated: September 11, 2017
Proposed Regulations http://www.calrecycle.ca.gov/Laws/Rulemaking/
Legal Office: LegalSec@calrecycle.ca.gov (916) 327-0089