SB 270, Who Will Enforce?

Sacramento, California, March 8, 2014 (PBBR) - SB 270, a pending bill in the California State Legislature, would be a statewide ban on thin-film single-use plastic bags. However, the bill provides no clear-cut directions  as to who would enforce the bill.

No specific agency would be responsible for enforcement of the law. Here is what the bill states under Article 4: Enforcement:

42285.(a) Except as provided in Section 42282.2, a city, a county, a city and county, or the state may impose civil liability in the amount of five hundred dollars ($500) for the first violation of this chapter, one thousand dollars ($1,000) for the second violation, and two thousand dollars ($2,000) for the third and subsequent violations.
(b) Any civil penalties collected pursuant to subdivision (a) shall be paid to the office of the city attorney, city prosecutor, district attorney, or Attorney General, whichever office brought the action.The penalties collected pursuant to this section by the Attorney General may be expended by the Attorney General, upon appropriation by the Legislature, to enforce this chapter.
(c) The remedies provided by this section shall not be exclusive and shall be in addition to the remedies that may be available pursuant to Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code.
So, who would be the enforcing authority? According to this section, there is no state agency responsible to enforce the law. It would be left up to each city or county to enforce the state law.
SB 270 is not the answer to a statewide plastic bag ban!

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