This week, Gov. Jerry Brown killed off single use plastic bags in California. Senate Bill 270, the first of its kind in the nation, eliminates the retail distribution of single-use plastic bags in the state. SB 270 also gives direct authority to cities and counties to impose civil penalties for violations of the law.

For a first time violation, a city or county can impose a $1,000 per day penalty. For a second violation, the new law authorizes a $2,000 per day penalty. Any subsequent violation would cause a retailer to incur a $5,000 per day penalty. In addition to cities and counties, the California Attorney General’s Office also has direct authority to enforce and impose penalties for violations of the law. Any penalty amount imposed can be retained by any city attorney, city prosecutor, district attorney or the state Attorney General’s Office, creating a potential incentive for enforcement.

Many cities and counties in the state already eradicated the retail distribution of single-use plastic bags out of environmental concerns with the ever expanding Great Pacific Garbage Patch impacting wildlife in and along the Pacific Ocean.

Environmentally conscious San Francisco was, not surprisingly, the first to adopt a local ordinance banning single-use plastic bag distribution by its retailers. SB 270, however, now takes this ban statewide, beginning on July 1 when larger chain grocery stores and drug stores will be prohibited from distributing single use plastic bags. On July 1, 2016, the ban will extend to smaller convenience and liquor stores.

Although retailers will be prohibited from distributing single-use plastic bags, they can charge 10 cents or more for recycled paper or reusable plastic bags made of a thicker plastic material. The money collected from the sale of recycled paper or reusable plastic bags will be retained by the retailer. The bill also provides $2 million in funding to manufacturers of single-use plastic bags in the state for equipment upgrades to aid them in retooling their businesses to produce reusable plastic bags.

Cities and counties hoping to avoid the ban are out of luck. The bill prohibits a city or county from adopting any new regulations after Sept. 1,  unless consistent with the new law. All is not lost, however, as the bill provides that cities or counties can continue to enforce regulations adopted prior to Sep. 1. The bill also provides that cities and counties that have passed a first reading of an ordinance or resolution expressing intent to restrict single-use plastic bags prior to Sept. 1, 2015, and then adopts an ordinance before Jan. 1, may continue to enforce that ordinance.

SB 270, however, is not without controversy. The anti-tax groups in particular have denounced the bill’s provision allowing for retailers to retain the 10 cents charged for recycled paper or reusable plastic bags. These groups are alleging the 10 cent charge is a tax, as retailers are likely paying less than 10 cents to purchase recycled paper or reusable plastic bags. Job creation advocates are also concerned about the impact this ban will have on manufacturers and low-level employees working in the state to create single-use plastic bags. A referendum petition by plastic bag manufacturers is already gaining steam. If enough signatures are gathered, the new law would be subject to voter approval.