Single-use Carryout BagsPreemption

Section § 42287

Explanation

This law makes it clear that regulations about reusable grocery bags, single-use bags, and recycled paper bags are managed by the state and apply everywhere in California, starting from 2015. Local governments can't set their own rules about these bags after September 1, 2014, unless it's specifically allowed by this chapter. However, if a city or county already had rules before September 1, 2014, they can keep enforcing them. They can even amend their rules to increase charges for bags, as long as it's not less than what's specified in another section of the law. Also, local agencies that had begun passing a rule before September 1, 2014, and finalized it by January 1, 2015, can keep using those rules.

(a)CA Public Resources Code § 42287(a) Except as provided in subdivision (c), this chapter is a matter of statewide interest and concern and is applicable uniformly throughout the state. Accordingly, this chapter occupies the whole field of regulation of reusable grocery bags, single-use carryout bags, and recycled paper bags, as defined in this chapter, provided by a store, as defined in this chapter.
(b)CA Public Resources Code § 42287(b) On and after January 1, 2015, a city, county, or other local public agency shall not enforce, or otherwise implement, an ordinance, resolution, regulation, or rule, or any amendment thereto, adopted on or after September 1, 2014, relating to reusable grocery bags, single-use carryout bags, or recycled paper bags, against a store, as defined in this chapter, unless expressly authorized by this chapter.
(c)Copy CA Public Resources Code § 42287(c)
(1)Copy CA Public Resources Code § 42287(c)(1) A city, county, or other local public agency that has adopted, before September 1, 2014, an ordinance, resolution, regulation, or rule relating to reusable grocery bags, single-use carryout bags, or recycled paper bags may continue to enforce and implement that ordinance, resolution, regulation, or rule that was in effect before that date. Any amendments to that ordinance, resolution, regulation, or rule on or after January 1, 2015, shall be subject to subdivision (b), except the city, county, or other local public agency may adopt or amend an ordinance, resolution, regulation, or rule to increase the amount that a store shall charge with regard to a recycled paper bag, compostable bag, or reusable grocery bag to no less than the amount specified in Section 42283.
(2)CA Public Resources Code § 42287(c)(2) A city, county, or other local public agency not covered by paragraph (1) that, before September 1, 2014, has passed a first reading of an ordinance or resolution expressing the intent to restrict single-use carryout bags and, before January 1, 2015, adopts an ordinance to restrict single-use carryout bags, may continue to enforce and implement the ordinance that was in effect before January 1, 2015.
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