Introduction
Senate Bill 1053 (S.B. 1053) was signed into law by Governor Gavin Newsom in 2024 as a follow-up to Senate Bill 270 (S.B. 270). Both bills seek to reduce pollution generated by plastic carryout bags through different means. S.B. 270 requires stores to replace single-use carryout bags with reusable, durable bags in order to reduce the state’s plastic pollution. S.B. 1053, effective January 1, 2026, takes a more direct approach by banning the distribution of all plastic carryout bags at checkouts, even if they are reusable.
Background
California Senate Bill 270
In 2014, former California Governor Jerry Brown signed S.B. 270 into law. After two years of pushback and delays from plastic lobbying groups, the legislation went into effect in 2016. Under S.B. 270, grocery stores, pharmacies, convenience stores, and liquor stores are prohibited from distributing single-use plastic carryout bags at checkout. Instead, the bill requires stores to offer only reusable grocery bags or recycled paper bags that meet the law’s thickness, durability, and postconsumer material content requirements. In addition, S.B. 270 introduced a minimum ten cent charge for each carryout bag sold to consumers at checkout in hopes that Californians would reuse the more environmentally friendly bags or shop with their own reusable bags.
Senate Bill 270’s Goals and Pitfalls
Upon signing S.B. 270 into law, former Governor Brown praised it for taking a step in the right direction in protecting the state’s beaches, parks, and ocean from plastic pollution. A 2023 study by the Southern California Coastal Water Research Project (SCCWRP) found that 77 percent of Southern California’s coastal stream kilometers contained trash. Of that trash, 69 percent was plastic, with over 4.3 million pieces found. Policymakers were hopeful that S.B. 270’s ten cent charge per carryout bag would help tackle plastic pollution by changing consumers’ shopping habits. However, much to their disappointment, S.B. 270 did not change consumer behavior—in fact, it generated more plastic waste across the state.
A 2024 survey studying consumers across six California cities revealed that only 2 percent of consumers shopped with their own reusable plastic bags. Since 2014, the amount of grocery and merchandise bags disposed of in California has grown by 47 percent, from 157,385 tons of plastic bags to 231,072 tons by 2022. This increase is attributed to S.B. 270’s thickness standard, which added more plastic waste by weight. Another major limitation faced is the fact that recycling facilities in California do not recycle plastic bags sold to consumers, making the bill largely ineffective.
Senate Bill 1053: Revisiting the Plastic Bag Ban
California State Senate member Catherine Blakespear, coauthor of S.B. 1053, introduced the legislation in 2024 to “improve on California’s original plastic bags ban and do it right this time.” She highlighted the need to address the unfortunate loophole created by S.B. 270’s banning of only single-use plastic carryout bags, where consumers would simply dispose of their reusable bags after using them once.
Consequently, S.B. 1053 bans the distribution of all plastic carryout bags at the same retail checkouts regulated under S.B. 270 regardless of thickness, durability, or material standards. Instead, retailers may offer recycled paper carryout bags at the same minimum ten cent charge per bag. The bill also states that by January 1, 2028, recycled paper carryout bags offered at checkout must be made of at least 50% postconsumer recycled materials.
Importantly, for health and safety reasons, S.B. 1053 makes exemptions for single-use plastic bags distributed before checkout. These exemptions include plastic bags for prescription medication, bags to protect goods from damage or contamination before checkout, bags to handle unwrapped food products, and bags for placement over clothing hangers.
Arguments in Favor of Senate Bill 1053
S.B. 1053 Honors S.B. 270’s Intent and Goals
In passing S.B. 1053, state legislators wanted to honor “the intent of California’s original plastic bag ban from 2014” that aimed to tackle plastic pollution generated by plastic bags. A press release from Senator Blakespear highlights how, in the years following S.B. 270, policymakers increasingly recognize that “almost none” of the bags were reused or recycled—instead, most ended up in landfills or polluting the environment. By banning all plastic carryout bags, legislators hope to take a more direct approach in addressing plastic pollution.
S.B. 1053 Reduces Plastic Pollution
Advocacy groups like Oceana, a nonprofit ocean conservation organization, applauded S.B. 1053’s passage as a necessary step towards “safeguarding California’s coastline, marine life, and communities from single-use plastic grocery bags.” Echoing policymakers’ sentiments, Oceana agreed that while S.B. 270 intended to reduce plastic pollution, it did the opposite, generating more plastic waste by weight. The Los Angeles Times further noted that between 2014 and 2022, waste from discarded plastic bags rose from 4.08 to 5.89 tons per 1,000 people. As California phases out plastic bags, S.B. 1053 is projected to eliminate 250 million pounds of plastic bags by the end of 2025. With a ban on plastic bags that makes minimal exceptions, advocacy groups are optimistic that S.B. 1053 will succeed where S.B. 270 failed.
S.B. 1053 Minimizes Clean-up Costs
As revealed in a report by the Natural Resources Defense Council, California’s waterways cost taxpayers roughly $428 million per year. These costs are distributed between many clean-up strategies including stormwater capture, storm drain cleaning and maintenance, street sweeping, waterway clean-ups, and more. Waste from plastic bags is particularly challenging because, as mentioned, recycling facilities do not accept plastic bags sold to consumers. When they make their way to recycling facilities from curbside waste pickup, they can jam sorting machines and cause millions of dollars in damages and lost productivity.
Arguments Against Senate Bill 1053
S.B. 1053 Disproportionately Impacts Low-income Residents
In opposition to S.B. 1053, the American Recyclable Plastic Bag Alliance highlights that policymakers’ arguments in favor of the plastic bag ban focus too heavily on consumers reusing them at retail stores, overshadowing their other potential uses. For example, consumers often use reusable carryout plastic bags as low-cost alternatives to trashcan liners, lunch bags, and more.
Researchers from Texas A&M University found that in counties that have banned plastic grocery bags, consumers purchase between 55-101 percent more 4-gallon garbage bags and 54-129 percent more 8-gallon garbage bags compared to consumers in counties that charge five cents per carryout bag. Generally, because garbage bags retail between nine and 14 cents per bag, carryout bags are an appealing purchase.
Even more, under SB 1053, grocers are projected to pay 8.25 cents per paper carryout bag compared to 3-4 cents for reusable carryout plastic bags. This reflects a steep increase in operating costs that would likely have a harsher impact on small- to medium-sized grocers. Specifically, many plastic lobbying organizations are concerned that doubling this cost for grocers could lead to higher prices of store products or carryout bags. This has already occurred in College Park, Maryland, where stores that exclusively offer paper bags charge between 5-25 cents per bag. While S.B. 1053 requires a minimum ten cent charge on paper carryout bags, it does not set a price ceiling, meaning the cost of carryout bags in California could rise in ways that force low-income Californians to suffer from higher prices.
Reusable Paper Bags Have a Higher Environmental Footprint
Waste360, an organization for waste and recycling communities, expresses concerns that production for paper bags is more resource-intensive compared to plastic bags. Studies show that single-use paper bags generate 3.3 times more greenhouse gas emissions, consume 4 times more water, and use 1.1 times more non-renewable energy than single-use plastic bags. According to the UK Environment Agency, for paper bags to have an equivalent environmental impact as conventional single-use plastic bags, consumers would have to reuse their paper bags a minimum of three times—which many feel is unrealistic.
Reusable Bags are Unhygienic
As S.B. 1053 takes effect, many worry that reusable bags will cause spikes in foodborne illnesses because of unhygienic reusable bag practices. The University of Pennsylvania’s Law School found that amid San Francisco’s 2007 ban on thin plastic bags, emergency room admissions for bacterial intestinal infections increased by at least one-fourth. Deaths from bacterial intestinal infections increased by 46 percent, with an increase of 5.5 annual deaths in the county. A study of random shoppers from California and Arizona further revealed that 97 percent of shoppers do not regularly clean their reusable bags; even more, 75 percent of shoppers do not use separate bags for meats and vegetables, heightening the risk of foodborne illnesses.
Conclusion and Future Outlook
While lobbying groups see the ban on plastic carryout bags as harmful to low-income communities and the environment, lawmakers are optimistic that S.B. 1053 corrects the errors of its predecessor as California aims to reduce plastic pollution generated by plastic carryout bags. By closing the loopholes created under S.B. 270 and phasing out all plastic carryout bags at checkout, S.B. 1053 aims to deliver the pollution-reduction outcomes the state sought nearly a decade ago. Whether the new law ultimately succeeds will depend on its implementation, consumer behavior, and California’s ability to support both environmental goals and community needs as it transitions away from plastic.