Two Grocery Store Plastic Bag Ban Bills Pass Final Floor Votes, Move To Governor’s Desk

Two bills aimed at banning all plastic bags from grocery stores and other retail stores moved ahead in both the Senate and Assembly respectively on Thursday and Friday, with both bills each passing with votes split across party lines once again, much like their previous floor votes back in May.

Senate Bill 1053, authored by Senator Catherine Blakespear (D-Encinitas), was introduced in February. According to SB 1053, the bill would change the current plastic bag law and revise the single-use carryout bag exception to include a bag provided to a customer before the customer reaches the point of sale that is designed to protect a purchased item from damaging or contaminating other purchased items in a checkout bag, or to contain an unwrapped food item. The bill would also revise the definition of “recycled paper bag” to require it be made from 100% postconsumer recycled materials, without exception. SB 1053 would also require a reusable grocery bag sold by a store to a customer at the point of sale to meet different requirements including that it not be made from plastic film material, as well as repeal the provisions relating to certification of reusable grocery bags, and would repeal a provision relating to certain obsolete at-store recycling program requirements.

The other bill, Assembly Bill 2236, authored by Assemblywoman Rebecca Bauer-Kahan (D-Orinda), and would, commencing January 1, 2026, revise the single-use carryout bag exception to include a bag provided to a customer before the customer reaches the point of sale, that is designed to protect a purchased item from damaging or contaminating other purchased items in a checkout bag, or to contain an unwrapped food item. The bill would revise the definition of “recycled paper bag” to require it be made from a minimum of 50% postconsumer recycled materials on and after January 1, 2028, without exception. The bill would also require a reusable grocery bag sold by a store to a customer at the point of sale to meet different requirements, including that it not be made from plastic film material.

Together, both bills would have stores going back to solely using paper alternate bags despite laws made decades ago that added plastic as an option due to worry about deforestation, as well as make it more difficult to stores to get the right kind of paper bags. If passed, the bills will go into law starting in January 2026, albeit with part of AB 2236 not coming into force until 2028.

Despite grocery stores and industry groups being concerned about the change and how much more the ban would cost stores, environmental group pressure elevated the bills throughout the years, often in polarizing party-line votes. This was seen in May with a Senate vote for SB 1053 and an Assembly vote on AB 2236. In the Senate, SB 1053 passed 31-7 with 2 abstentions, with opposition coming solely from GOP Senators. It was similar in the Assembly, with AB 2236 passing 51-7 with 22 abstentions, with opposition once again almost solely coming from GOP lawmakers.

The momentum held throughout the summer, leading to the final floor votes this week. In the Assembly, SB 1053 passed 56-7 with 16 abstentions, while in the Senate AB 2236 passed 31-8 with one abstention. On Friday, Final votes had them pass the final hurdles, with both bills being sent to Governor Gavin Newsom.

Lawmakers and environmental groups praised both of the bills passage on Friday. On X, Senator Blakespear wrote “The Senate has just sent SB 1053, to ban plastic bags from grocery store checkouts, to the Governor’s desk. Thank you to Assemblymember Bauer-Kahan and all the supporters who have helped push this across the finish line!”

The Senate has just sent #SB1053, to ban plastic bags from grocery store checkouts, to @CAgovernor's desk! Thank you to @BauerKahan and all the supporters who have helped push this across the finish line! @OurOcean @MontereyAq @oceana@Surfrider @CalGrocers @AzulDotOrg… pic.twitter.com/KeDrUiBfKI

— Senator Catherine Blakespear (@SenBlakespear) August 30, 2024

In a statement, the environmental group added that ““California’s move to ban thick single-use plastic bags at grocery store checkouts is a win for our coasts and communities. Plastic bags are one of the deadliest types of plastic to ocean wildlife. Not only is plastic tarnishing California’s beaches, but it’s in our food, air, water, and even our bodies. With an ocean-based economy valued at $45 billion annually, California is dependent on a clean coast. California has been a leader in tackling the plastic pollution crisis and strengthening the state’s plastic bag ban is another important step forward. Governor Newsom should swiftly sign this bill into law, and the state legislature should continue to act on plastic.”

However, bill analysts have noted that, even if both bills are signed by Newsom, there could be yet another major change in bags in the near future.

“Bag laws in California influence the nation, and they tend to change every decade or so,” explained Scott O’ Malley, an environmental bill analyst in Virginia, to the Globe on Friday. “Plastic bags only became so popular because of worries over cutting down too many trees. Then recycling programs came about for the bags. Then a reusable push. Now we are back leaning towards paper.

“And honestly, right now, they are developing quick biodegradable bags, so we may see those in the next 5 or 10 years. The best option is to just bring your bags and save the grocery store the constant hassles over this. Plus, with what you have to pay for bags, they’ll save you money long term. A few tote bags, an insulated bag, and you should be fine, then adjust it to your family size.

“That, honestly, should have been the push, as it saves everyone money. But no, California looks like it is going to be stuck with this, as it looks like Newsom will sign these. But, as we have seen before, we’re going to see a lot of complaints about paper bags in the few years after the bill, so then changes will come up again. Plus, I would hate to see how the bill authors would react to just how many things in a grocery store are covered in plastic and similar materials.”