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 bags and 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

The final draft of the Proposed Regulations for the Administrative Certification for Reusable Grocery Bags was approved at the April 16, 2019, CalRecycle Public Meeting and staff were directed to forward the regulatory packet to the Office of Administrative Law for approval and publishing.  Staff was also directed to file a Notice of Exemption with the State Clearinghouse as provided under the California Environmental Quality Act. A copy of the final draft of the Proposed Regulations and the meeting Public Notice can be found at the following links: 

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

  • Adoption of the regulations: Mid 2019
  • Implementation of certification fee: July 2019

For more information on the regulatory process, please visit the Office of Administrative Law's website.

Contact

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

Rulemaking History

Notice of the proposed regulations to implement SB 270 was published in the California Regulatory Notice Register by the Office of Administrative Law (OAL) on June 15, 2018. This notice began the formal 45-day public comment period of the rulemaking process. A Public Hearing to receive comments was held on August 15, 2018. 

The following tentative estimate of the rulemaking timeline was presented at the beginning of the process and is subject to change.

  • Public workshop on draft regulatory text: October 25, 2017
  • Initiate the rulemaking process: June 2018
  • Adoption of the regulations: Mid 2019
  • Implementation of certification fee: July 2019

Past Documents

February 2019: Second 15-day Public Comment Period

January 2019: 15-day Public Comment Period

August 2018: Formal Rulemaking Hearing for SB 270 Regulations

March 2018: CalRecycle monthly public meeting

October 2017

    Stakeholder Input

    Public comments on draft regulations.

    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.

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