[Archives] SB 270 Reusable Grocery Bag Certification Fee

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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 began accepting third-party certifications of reusable grocery bags through the Reusable Grocery Bag Reporting System (RGBRS) and has maintained a list of certified reusable grocery bags and producers on its website. Additionally, CalRecycle promulgated regulations to establish an administrative certification fee schedule sufficient to cover the ongoing costs of implementing its statutory responsibilities. In accordance with the statute and regulations, 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.

Related Links

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 Administrative Certification for Reusable Grocery Bags regulations implementing SB 270 has been formally approved by the Office of Administrative Law (OAL), effective July 17, 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 and Documents

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. 

After reviewing and considering the comments received during the public hearing and the 45-day comment period, staff revised the proposed regulations and held two additional 15-day comment periods, which were conducted from January 11, 2019, through January 28, 2019, and from February 28, 2019, through March 15, 2019.  Staff incorporated additional changes based on stakeholder input. The final version of the regulatory text was submitted to the Office of Administrative Law (OAL) and approved, effective July 17, 2019.

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: Informal Rulemaking

Stakeholder Input

Public comments on draft regulations not available at this time.

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.