Right from the link you have there, is this:HCal wrote: ↑April 17th, 2022, 10:37 pm
The bag regulations put into place before the statewide bag ban are grandfathered in, but that does not mean that those cities are exempt from the statewide law. Here is the preemption clause: https://leginfo.legislature.ca.gov/face ... &article=5.
Cities that are grandfathered "may continue to enforce and implement that ordinance, resolution, regulation, or rule" but there is no clause saying they don't have to follow state law as well. The grandfather clause protects cities that have stronger laws (like a 25 cent charge) from being forced to lower it.
I'm well aware that stores in certain cities are only charging 5 cents, but that doesn't mean it is legal. It simply means that they have calculated that they can get away with it due to the local political environment. This is no different from the cities that declared themselves exempt from lockdowns during COVID. It's not legal, but if the local police are on your side and the state is too busy to care, then nothing will happen.
"(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. "
The bold is the grandfathering in thing.
The no fee or 5 cent fee cities are certainly allowed to go ahead and pass an ordinance to get the fee up to a minimum of 10 cents though.
It was interesting the way they wrote that up. They could have written something in here to the effect of a preemption is only valid if the statewide standards are met (like the 10 cent fee), but they didn't.
Also certain counties, notably Santa Barbara, only wrote into their law a paper bag fee. They wrote into their law no fee on reusable bags. So those super thick plastic bags that are being marketed as "reusable" are technically not subject to a bag fee in that county (though many stores are charging the 10 cent fee for those, not all are).
And to pull this back to the topic - the above is why the retailer is better off making this decision on what to do. The way these laws have been drawn up with so many inconsistencies is an administrational nightmare for various parties involved. We don't even know who is supposed to enforce this in CA (it isn't the local sheriff or police... and I didn't think it was the Department of Justice either but they are who put down the hammer in Lincoln...)....