Existing law authorizes a city, county, or city and county to impound a shopping cart that has a specified permanently affixed sign if certain conditions are satisfied, including that the city, county, or city and county provides 3-day advance actual notice of the shopping carts discovery and location to the owner of the shopping cart or their agent, except as specified.

This bill would authorize a city, county, or city and county, pursuant to an ordinance, to retrieve and return a shopping cart to the parking area or premises of the owner or retailer identified on the affixed sign, as specified, and to recover its actual costs for the retrieval and return, not to exceed $100 per shopping cart. The bill would also require actual notice for purposes of these provisions to include proof that the notice was delivered to the owner or their agent, as specified, and require the city, county, or city and county to maintain a record of that proof of delivery.

Existing law authorizes the city, county, or city and county to fine the owner of a shopping cart in an amount not to exceed $50 for each occurrence in excess of 3 during a specified 6-month period for failure to retrieve shopping carts in accordance with specified law.

The bill would authorize a city, county, or city and county to fine the owner of a shopping cart in an amount not to exceed $100 instead of $50 for each occurrence pursuant to the provisions described above.

Existing law authorizes a city, county, or city and county to impound a shopping cart that has a specified permanently affixed sign if certain conditions are satisfied, including that the city, county, or city and county provides 3-day advance actual notice of the shopping carts discovery and location to the owner of the shopping cart or their agent, except as specified.

This bill would authorize a city, county, or city and county, pursuant to an ordinance, to retrieve and return a shopping cart to the parking area or premises of the owner or retailer identified on the affixed sign, as specified, and to recover its actual costs for the retrieval and return, not to exceed $100 per shopping cart. The bill would also require actual notice for purposes of these provisions to include proof that the notice was delivered to the owner or their agent, as specified, and require the city, county, or city and county to maintain a record of that proof of delivery.

Existing law authorizes the city, county, or city and county to fine the owner of a shopping cart in an amount not to exceed $50 for each occurrence in excess of 3 during a specified 6-month period for failure to retrieve shopping carts in accordance with specified law.

The bill would authorize a city, county, or city and county to fine the owner of a shopping cart in an amount not to exceed $100 instead of $50 for each occurrence pursuant to the provisions described above.

Existing law authorizes a city, county, or city and county to impound a shopping cart that has a specified permanently affixed sign if certain conditions are satisfied, including that the city, county, or city and county provides 3-day advance actual notice of the shopping carts discovery and location to the owner of the shopping cart or their agent, except as specified.

This bill would authorize a city, county, or city and county, pursuant to an ordinance, to retrieve and return a shopping cart to the parking area or premises of the owner or retailer identified on the affixed sign, as specified, and to recover its actual costs for the retrieval and return, not to exceed $500. $100 per shopping cart. The bill would also require actual notice for purposes of these provisions to include proof that the notice was delivered to the owner or their agent, as specified, and require the city, county, or city and county to maintain a record of that proof of delivery.

Existing law authorizes the city, county, or city and county to fine the owner of a shopping cart in an amount not to exceed $50 for each occurrence in excess of 3 during a specified 6-month period for failure to retrieve shopping carts in accordance with specified law.

The bill would authorize a city, county, or city and county to fine the owner of a shopping cart in an amount not to exceed $150 $100 instead of $50 for each occurrence pursuant to the provisions described above.

Existing law authorizes a city, county, or city and county to impound a shopping cart that has a specified permanently affixed sign if certain conditions are satisfied, including that the city, county, or city and county provides 3-day advance actual notice of the shopping carts discovery and location to the owner of the shopping cart or their agent, except as specified.

This bill would authorize a city, county, or city and county, pursuant to an ordinance, to retrieve and return a shopping cart to the parking area or premises of the owner or retailer identified on the affixed sign, as specified, and to recover its actual costs for the retrieval and return. return, not to exceed $500. The bill would also require actual notice for purposes of these provisions to include proof that the notice was delivered to the owner or their agent, as specified, and require the city, county, or city and county to maintain a record of that proof of delivery.

Existing law authorizes the city, county, or city and county to fine the owner of a shopping cart in an amount not to exceed $50 for each occurrence in excess of 3 during a specified 6-month period for failure to retrieve shopping carts in accordance with specified law.

The bill would authorize a city, county, or city and county to fine the owner of a shopping cart in an amount established by the city, county, or city and county not to exceed $150 instead of $50 for each occurrence pursuant to the provisions described above.

Existing law, if a shopping cart or laundry cart has a sign permanently affixed to it that identifies the owner of the cart or the retailer, makes it unlawful to do specified acts, including removing the shopping cart or laundry cart from the premises or parking area of a retail establishment.

This bill would make nonsubstantive changes to the definition of shopping cart and laundry cart for purposes of those provisions.

 UNFINISHED BUSINESS 

Bill No: SB 753

Author: Cortese (D)

Amended: 10/13/25

Vote: 21

SENATE LOCAL GOVERNMENT COMMITTEE: 6-0, 5/7/25

AYES: Durazo, Choi, Arreguín, Cabaldon, Laird, Wiener

NO VOTE RECORDED: Seyarto

SENATE FLOOR: 39-0, 5/27/25

AYES: Allen, Alvarado-Gil, Archuleta, Arreguín, Ashby, Becker, Blakespear, Cabaldon, Caballero, Cervantes, Choi, Cortese, Dahle, Durazo, Gonzalez, Grayson, Grove, Hurtado, Jones, Laird, Limón, McGuire, McNerney, Menjivar, Niello, Ochoa Bogh, Padilla, Pérez, Richardson, Rubio, Seyarto, Smallwood-Cuevas, Stern, Strickland, Umberg, Valladares, Wahab, Weber Pierson, Wiener

NO VOTE RECORDED: Reyes

ASSEMBLY FLOOR: 71-3, 9/11/25 - See last page for vote

SUBJECT: Special business regulations: shopping carts

SOURCE: City of San Jose

City of San Jose, Councilmember Bien Doan

City of San Jose, Councilmember Pam Foley

Mayor Matt Mahan, City of San Jose

Mayor Todd Gloria, City of San Diego

DIGEST:

This bill expands the authority for cities and counties to recover costs for retrieving shopping carts and returning them to their owners.

Assembly Amendments

of 9/4/25 allow a city or county to only retrieve and return a shopping cart to a retailer and recover its actual costs if it has adopted an ordinance that meets specified criteria, cap the actual costs at $100, reduce the fine from $150 to $100 for failing to retrieve a shopping cart, and make other changes.

ANALYSIS:

Existing law:

1. Declares the retrieval of abandoned shopping carts by local agencies and issue of statewide importance.
2. Prevents local officials from retrieving wayward shopping carts until they notify the cart’s owner. If the owner does not retrieve the cart within three days, then local officials may retrieve and impound it. When a cart owner collects an impounded cart, the local agency may charge them for the actual retrieval and impounding costs. If no one has collected an impounded cart after 30 days, the local agency may sell or dispose of it. After a local agency impounds more than three carts from a single owner in a six-month period, it may also charge a $50 fine for each cart it impounds.
3. Allows cities and counties to immediately impound misplaced shopping or laundry carts. Local officials must notify the owner within 24 hours of the location where the cart owner can collect the previously wayward cart.
4. Requires cities and counties to give the owner of the cart three business days to collect the cart at no cost. After three days, local officials can charge the owner of the cart a fine or fee, if applicable, for the actual cost of the retrieval and impounding.
5. Protects local regulation of shopping cart removal from the shopping premises or parking area of a shopping center as long as those local ordinances do not conflict with state law.

This bill:

1. Changes the statewide regulations for shopping cart retrieval. For shopping carts that are located outside the premises or parking area of a retail establishment, cities and counties can either:
   1. Pursuant to an ordinance adopted by a city or county, retrieve and return the shopping cart to the parking area of premises of the owner or retailer identified on the sign; or
   2. Impound the shopping cart if the retailer does not retrieve the cart within three business days from the date the owner or retailer receives notice from the city or county.
2. Allows cities and counties to immediately retrieve or impound the shopping cart if the shopping cart will impede emergency services.
3. Increases to $100 the fine that a city or county can charge an owner of a shopping cart for each occurrence in excess of three during a six-month period for failing to retrieve shopping carts.
4. Specifies that a city or county shall only retrieve and return a shopping cart that is located outside the premises or parking area of a retail establishment to the parking area or premises of the owner or retailer identified on the sign affixed to it and recover its actual costs, if the city or county adopts an ordinance subject to the following requirements:
   1. The ordinance includes criteria for determining that a shopping cart is inaccessible for retrieval by the shopping cart owner, or their agent.
   2. The ordinance includes an explanation of how the actual costs for retrieving and returning a shopping cart will be determined.
   3. The ordinance provides for at least 48 hours’ actual notice to the owner of the shopping cart, or their designated agent, of the shopping cart’s location before the city or county retrieves the cart.
   4. The ordinance provides that the city or county may recover its actual costs for the retrieval and return from the owner of the shopping cart, except those determined to be inaccessible, subject to the explanation of the actual costs described in ordinance and not to exceed more than $100 per shopping cart.
5. Provides that the ordinance described in 4), above, may require the owner of the shopping cart, or their designated agent, to follow procedures for receiving actual notice.
6. Specifies that if the location of a shopping cart will impede emergency services or pose a substantial threat to health and safety, including imminent hazard, a city or county can immediately retrieve and return the shopping cart.
7. Provides that this bill does not prohibit a city or county from being able to retrieve and return shopping carts for no reimbursement.
8. Defines an “occurrence” to mean a failure of retrieving a cart within three business days from when the owner received notice from the city or county.
9. Requires a city or county to retain proof that it delivered the notice to the owner of the cart, which can include mail, phone, or electronic transmission with delivery confirmation. The city or county must maintain a record of that proof of delivery.

Comments

1. Purpose of this bill. According to the author, “SB 753 addresses a growing public safety and environmental concern across California: the widespread abandonment of shopping carts in our communities. Current state law is outdated and inefficient, requiring cities to store abandoned carts at impound lots and wait for retailers to retrieve them—a burdensome and costly process, especially for larger cities. The bill modernizes California law by allowing cities to immediately collect abandoned shopping carts, return them directly to retailers without a three-day waiting period, and recover the actual costs associated with managing cart recovery programs. SB 753 ensures a more efficient process that reduces street and sidewalk obstructions, protects waterways from pollution and flooding hazards, and strengthens collaboration and support for both local governments and retailers.”
2. Same old song and dance. Shopping cart theft has been a problem in California for decades. To bring some consistency to the fees local agencies charged retailers for cart recovery, efforts in the 1990s created some statewide regulation, which benefitted retailers facing inconsistent regulations. It also gave retailers a three-day grace period to retriever their carts from the local agency. However, these statewide regulations only allowed local agencies to impound carts and take them to an impound lot if the local agency wanted to charge the retailer for their efforts. If a local agency returns the cart to the retailer instead, they cannot recover their costs. SB 753 tilts the balance back in the favor of local governments by removing the $50 limit on cost recovery, and creating a new process for recovering costs when the local agency returns the cart directly to its owner. In some ways, this takes the matter back to before the 1990s when costs could vary across jurisdictions, leading to higher costs for retailers. In other ways this helps local agencies manage abandoned shopping carts in a less costly way then taking them to an impound lot, which could make the problem easier to manage. However, many local agencies already have processes in place to collect shopping carts. Some have contracts with private entities to collect carts. SB 753 may allow them to charge more for something they are already doing by increasing the $50 cap and allowing local agencies to recover some of their costs. The Legislature may wish to consider whether SB 753 adequately balances the flexibility for local agencies with cost pressures on retailers.

FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No

SUPPORT: (Verified 9/9/25)

City of San Jose (Co-Sponsor)
City of San Jose, Councilmember Bien Doan (Co-Sponsor)
City of San Jose, Councilmember Pam Foley (Co-Sponsor)
Mayor Matt Mahan, City of San Jose (Co-Sponsor)
Mayor Todd Gloria, City of San Diego (Co-Sponsor)
California Contract Cities Association
California State Association of Counties
California State Association of Counties
City of Concord
City of Cupertino
City of Downey
City of Norwalk
City of Oakland 
League of California Cities
Los Angeles County
Santa Clara Valley Water District

OPPOSITION: (Verified 9/9/25)

None received.

ASSEMBLY FLOOR: 9/11/25 71-3

AYES: Addis, Aguiar-Curry, Ahrens, Alanis, Alvarez, Arambula, Ávila Farías, Bains, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Caloza, Carrillo, Chen, Connolly, Davies, Dixon, Elhawary, Ellis, Flora, Fong, Gallagher, Garcia, Gipson, Jeff Gonzalez, Mark González, Hadwick, Haney, Harabedian, Hart, Hoover, Irwin, Jackson, Johnson, Kalra, Krell, Lackey, Lowenthal, McKinnor, Muratsuchi, Nguyen, Ortega, Pacheco, Papan, Patel, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Ransom, Celeste Rodriguez, Michelle Rodriguez, Rogers, Blanca Rubio, Schiavo, Schultz, Sharp-Collins, Solache, Soria, Stefani, Ta, Valencia, Wallis, Ward, Wicks, Wilson, Zbur, Rivas

NOES: DeMaio, Patterson, Tangipa

NO VOTE RECORDED: Bauer-Kahan, Castillo, Gabriel, Lee, Macedo, Sanchez

Prepared by: Anton Favorini-Csorba / L. GOV. / (916) 651-4119

7/21/26 10:39:24

**** END ****

 UNFINISHED BUSINESS  

Bill No: SB 753

Author: Cortese (D)

Amended: 9/4/25 in Assembly

Vote: 21

SENATE LOCAL GOVERNMENT COMMITTEE: 6-0, 5/7/25

AYES: Durazo, Choi, Arreguín, Cabaldon, Laird, Wiener

NO VOTE RECORDED: Seyarto

SENATE FLOOR: 39-0, 5/27/25

AYES: Allen, Alvarado-Gil, Archuleta, Arreguín, Ashby, Becker, Blakespear, Cabaldon, Caballero, Cervantes, Choi, Cortese, Dahle, Durazo, Gonzalez, Grayson, Grove, Hurtado, Jones, Laird, Limón, McGuire, McNerney, Menjivar, Niello, Ochoa Bogh, Padilla, Pérez, Richardson, Rubio, Seyarto, Smallwood-Cuevas, Stern, Strickland, Umberg, Valladares, Wahab, Weber Pierson, Wiener

NO VOTE RECORDED: Reyes

ASSEMBLY FLOOR: 55-2, 9/11/25 – Roll call not available.

SUBJECT: Special business regulations: shopping carts

SOURCE: City of San Jose

City of San Jose, Councilmember Bien Doan

City of San Jose, Councilmember Pam Foley

Mayor Matt Mahan, City of San Jose

Mayor Todd Gloria, City of San Diego

DIGEST:

This bill expands the authority for cities and counties to recover costs for retrieving shopping carts and returning them to their owners.

Assembly Amendments

of 9/4/25 allow a city or county to only retrieve and return a shopping cart to a retailer and recover its actual costs if it has adopted an ordinance that meets specified criteria, cap the actual costs at $100, reduce the fine from $150 to $100 for failing to retrieve a shopping cart, and make other changes.

ANALYSIS:

Existing law:

1. Declares the retrieval of abandoned shopping carts by local agencies and issue of statewide importance.
2. Prevents local officials from retrieving wayward shopping carts until they notify the cart’s owner. If the owner does not retrieve the cart within three days, then local officials may retrieve and impound it. When a cart owner collects an impounded cart, the local agency may charge them for the actual retrieval and impounding costs. If no one has collected an impounded cart after 30 days, the local agency may sell or dispose of it. After a local agency impounds more than three carts from a single owner in a six-month period, it may also charge a $50 fine for each cart it impounds.
3. Allows cities and counties to immediately impound misplaced shopping or laundry carts. Local officials must notify the owner within 24 hours of the location where the cart owner can collect the previously wayward cart.
4. Requires cities and counties to give the owner of the cart three business days to collect the cart at no cost. After three days, local officials can charge the owner of the cart a fine or fee, if applicable, for the actual cost of the retrieval and impounding.
5. Protects local regulation of shopping cart removal from the shopping premises or parking area of a shopping center as long as those local ordinances do not conflict with state law.

This bill:

1. Changes the statewide regulations for shopping cart retrieval. For shopping carts that are located outside the premises or parking area of a retail establishment, cities and counties can either:
   1. Pursuant to an ordinance adopted by a city or county, retrieve and return the shopping cart to the parking area of premises of the owner or retailer identified on the sign; or
   2. Impound the shopping cart if the retailer does not retrieve the cart within three business days from the date the owner or retailer receives notice from the city or county.
2. Allows cities and counties to immediately retrieve or impound the shopping cart if the shopping cart will impede emergency services.
3. Increases to $100 the fine that a city or county can charge an owner of a shopping cart for each occurrence in excess of three during a six-month period for failing to retrieve shopping carts.
4. Specifies that a city or county shall only retrieve and return a shopping cart that is located outside the premises or parking area of a retail establishment to the parking area or premises of the owner or retailer identified on the sign affixed to it and recover its actual costs, if the city or county adopts an ordinance subject to the following requirements:
   1. The ordinance includes criteria for determining that a shopping cart is inaccessible for retrieval by the shopping cart owner, or their agent.
   2. The ordinance includes an explanation of how the actual costs for retrieving and returning a shopping cart will be determined.
   3. The ordinance provides for at least 48 hours’ actual notice to the owner of the shopping cart, or their designated agent, of the shopping cart’s location before the city or county retrieves the cart.
   4. The ordinance provides that the city or county may recover its actual costs for the retrieval and return from the owner of the shopping cart, except those determined to be inaccessible, subject to the explanation of the actual costs described in ordinance and not to exceed more than $100 per shopping cart.
5. Provides that the ordinance described in 4), above, may require the owner of the shopping cart, or their designated agent, to follow procedures for receiving actual notice.
6. Specifies that if the location of a shopping cart will impede emergency services or pose a substantial threat to health and safety, including imminent hazard, a city or county can immediately retrieve and return the shopping cart.
7. Provides that this bill does not prohibit a city or county from being able to retrieve and return shopping carts for no reimbursement.
8. Defines an “occurrence” to mean a failure of retrieving a cart within three business days from when the owner received notice from the city or county.
9. Requires a city or county to retain proof that it delivered the notice to the owner of the cart, which can include mail, phone, or electronic transmission with delivery confirmation. The city or county must maintain a record of that proof of delivery.

Comments

1. Purpose of this bill. According to the author, “SB 753 addresses a growing public safety and environmental concern across California: the widespread abandonment of shopping carts in our communities. Current state law is outdated and inefficient, requiring cities to store abandoned carts at impound lots and wait for retailers to retrieve them—a burdensome and costly process, especially for larger cities. The bill modernizes California law by allowing cities to immediately collect abandoned shopping carts, return them directly to retailers without a three-day waiting period, and recover the actual costs associated with managing cart recovery programs. SB 753 ensures a more efficient process that reduces street and sidewalk obstructions, protects waterways from pollution and flooding hazards, and strengthens collaboration and support for both local governments and retailers.”
2. Same old song and dance. Shopping cart theft has been a problem in California for decades. To bring some consistency to the fees local agencies charged retailers for cart recovery, efforts in the 1990s created some statewide regulation, which benefitted retailers facing inconsistent regulations. It also gave retailers a three-day grace period to retriever their carts from the local agency. However, these statewide regulations only allowed local agencies to impound carts and take them to an impound lot if the local agency wanted to charge the retailer for their efforts. If a local agency returns the cart to the retailer instead, they cannot recover their costs. SB 753 tilts the balance back in the favor of local governments by removing the $50 limit on cost recovery, and creating a new process for recovering costs when the local agency returns the cart directly to its owner. In some ways, this takes the matter back to before the 1990s when costs could vary across jurisdictions, leading to higher costs for retailers. In other ways this helps local agencies manage abandoned shopping carts in a less costly way then taking them to an impound lot, which could make the problem easier to manage. However, many local agencies already have processes in place to collect shopping carts. Some have contracts with private entities to collect carts. SB 753 may allow them to charge more for something they are already doing by increasing the $50 cap and allowing local agencies to recover some of their costs. The Legislature may wish to consider whether SB 753 adequately balances the flexibility for local agencies with cost pressures on retailers.

FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No

SUPPORT: (Verified 9/9/25)

City of San Jose (Co-Sponsor)
City of San Jose, Councilmember Bien Doan (Co-Sponsor)
City of San Jose, Councilmember Pam Foley (Co-Sponsor)
Mayor Matt Mahan, City of San Jose (Co-Sponsor)
Mayor Todd Gloria, City of San Diego (Co-Sponsor)
California Contract Cities Association
California State Association of Counties
California State Association of Counties
City of Concord
City of Cupertino
City of Downey
City of Norwalk
City of Oakland 
League of California Cities
Los Angeles County
Santa Clara Valley Water District

OPPOSITION: (Verified 9/9/25)

None received

Prepared by: Anton Favorini-Csorba / L. GOV. / (916) 651-4119

9/11/25 10:47:42

**** END ****

SENATE THIRD READING

STR Bill Id:SB 753

Author:(Cortese)

As Amended Ver:September 4, 2025

Majority vote

SUMMARY

Expands the authority for cities and counties to recover costs for retrieving shopping carts and returning them to their owners.

Major Provisions

1. Authorizes a city or county to do either of the following with a shopping cart that has a sign affixed to it, as specified, that is located outside the premises or parking area of a retail establishment which, for a multistore complex or shopping center, includes the entire parking area used by the complex or center:
2. Pursuant to an ordinance adopted by a city or county, retrieve and return the shopping cart to the parking area or premises of the owner or retailer identified on the sign, as specified.
3. Impound the shopping cart, similar to existing law, if the cart is not retrieved within three business days from the date the owner of the cart, or their agent, receives actual notice from the city or county of the cart's discovery and location.
4. Specifies a city's or county's authority to impound a shopping cart from public or private property in instances where the location of the cart will impede emergency services.
5. Authorizes a city or county to fine the owner of a shopping cart in an amount not to exceed $100, instead of $50, for each occurrence in excess of three during a specified six-month period for failure to retrieve shopping carts in accordance with this bill. "Occurrence" means a failure to retrieve a shopping cart within three business days from the date the owner of the shopping cart, or their agent, receives actual notice from the city or county of the shopping cart's discovery and location.
6. Specifies that a city or county shall only retrieve and return a shopping cart that is located outside the premises or parking area of a retail establishment to the parking area or premises of the owner or retailer identified on the sign affixed to it and recover its actual costs, if the city or county adopts an ordinance subject to the following requirements:
   1. The ordinance includes criteria for determining that a shopping cart is inaccessible for retrieval by the shopping cart owner, or their agent.
   2. The ordinance includes an explanation of how the actual costs for retrieving and returning a shopping cart will be determined.
   3. The ordinance provides for at least 48 hours’ actual notice to the owner of the shopping cart, or their designated agent, of the shopping cart’s location before the city or county retrieves the cart.
   4. The ordinance provides that the city or county may recover its actual costs for the retrieval and return from the owner of the shopping cart, except those determined to be inaccessible, subject to the explanation of the actual costs described in ordinance and not to exceed more than $100 per shopping cart.
7. Provides that the ordinance described in 4), above, may require the owner of the shopping cart, or their designated agent, to follow procedures for receiving actual notice.
8. Specifies that if the location of a shopping cart will impede emergency services or pose a substantial threat to health and safety, including imminent hazard, a city or county is authorized to immediately retrieve and return the shopping cart.
9. Provides that this bill shall not prohibit a city or county from being able to retrieve and return shopping carts for no reimbursement.
10. Provides that actual notice shall require proof that the notice was delivered to the owner, or their agent, which may include, but is not limited to, telephone, mail with delivery confirmation, or electronic transmission with delivery confirmation. The city or county shall maintain a record of that proof of delivery.

COMMENTS

1. Background. Abandoned shopping carts can interfere with pedestrian and vehicular traffic. Current law considers a shopping cart abandoned if it is found outside of the premises or parking area of the shopping center. According to a September 21, 2023, Calgary Herald article, “Stolen shopping carts can cost businesses up to $800 million a year around the globe, says the Food Marketing Institute in Washington, D.C. A single cart can easily cost retailers $300 each (in Canada), so when you multiply that figure by the large number of grocery stores in operation and the thefts that occur, the cost of these losses skyrockets.

"Those high-tech models, with the wheels that lock when you leave a retailer’s parking lot, have led to some success in stopping theft and several municipalities across the continent have tried to pass bylaws that address the situation. However, the problem persists. A news story out of New York state a few years ago noted that a typical grocery store can still lose $10,000 a year due to stolen shopping carts. And, in summer 2021, a Safeway store in San Francisco reported that it lost 160 carts in a single month — more than five a day on average."

Prior to 1996, many local governments charged retailers and grocers for cart retrieval, even though retailers and grocers often contracted with private cart retrieval companies to perform this service. Retailers and grocers were concerned that local governments were charging excessive rates and uneven retrieval fees in different jurisdictions.

1. AB 317 of 1996. AB 317 (Granlund), Chapter 291, Statutes of 1996, was adopted by the Legislature to create uniform statewide regulation for retrieval of shopping carts by local agencies. AB 317 prevented cities and counties from seeking recompense for retrieving abandoned shopping carts until they notify a cart's owner, and instead stipulated that a shopping cart that has a sign affixed to it that identifies the owner of the cart may be impounded provided both of the following conditions have been satisfied:
2. The shopping cart is located outside the premises or parking area of a retail establishment.
3. The shopping cart is not retrieved within three business days from the date the owner of the shopping cart, or his or her agent, receives actual notice from the city or county of the shopping cart's discovery and location.

AB 317 authorized a city or county that impounds a shopping cart to recover its actual costs for providing this service and to fine the owner of a shopping cart up to $50 for each occurrence in excess of three during a specified six-month period for failure to retrieve shopping carts. If no one has collected an impounded cart after 30 days, the local agency may sell or dispose of it. Local governments can immediately retrieve a shopping cart from public or private property if the shopping cart will impede emergency services.

1. AB 1427 of 1998. AB 1427 (Pringle), Chapter 16, Statutes of 1998, updated AB 317 to allow cities and counties to immediately impound misplaced shopping carts. Local officials must notify the owner within 24 hours of the location where the cart owner can collect the previously abandoned cart. AB 1427 required cities and counties to give the owner of the cart three business days to collect the cart at no cost. After three days, local officials can charge the owner of the cart a fine or fee, if applicable, for the actual cost of the retrieval and impounding.
2. City Ordinances. Some cities have developed ordinances in an attempt to reduce the number of abandoned shopping carts in their communities. For example, the City of San Jose, sponsor of this bill, adopted an ordinance requiring every owner who provides twenty-six or more carts to develop and implement an abandoned cart prevention plan. The plan must include, among other things, an inventory of carts, a description of a community outreach process to inform customers that the removal of carts from the premises is prohibited, loss prevention measures, such as security personnel, employee training, and a plan for cart retrieval within 24 hours. For any retailers with 76 or more carts, the mandatory cart retrieval plan must also include at least one of the following (San Jose Municipal Code Chapter 9.60):
3. Use of a device or mechanism designed to physically prevent the removal of shopping carts from the owner’s premises.
4. Use of a device or mechanism that requires customers to make a security deposit before being allowed to use a cart.
5. Maintaining an agreement with a cart retrieval service that makes weekly, proactive efforts to retrieve the owner's abandoned carts over the course of a year and is capable of retrieving an abandoned cart within 24 upon notice of the abandoned cart's location by the City.

According to the Author

According to the author, "SB 753 addresses a growing public safety and environmental concern across California: the widespread abandonment of shopping carts in our communities. Current state law is outdated and inefficient, requiring cities to store abandoned carts at impound lots and wait for retailers to retrieve them—a burdensome and costly process, especially for larger cities.

"The bill modernizes California law by allowing cities to immediately collect abandoned shopping carts, return them directly to retailers without a three-day waiting period, and recover the actual costs associated with managing cart recovery programs. SB 753 ensures a more efficient process that reduces street and sidewalk obstructions, protects waterways from pollution and flooding hazards, and strengthens collaboration and support for both local governments and retailers."

Arguments in Support

According to the City of San Jose, on a previous version of the bill, SB 753 "...seeks to address the proliferation of abandoned shopping carts plaguing cities across the state. These carts have created hazards by blocking streets and sidewalks and disrupting our open spaces and waterways. This bill will modernize the laws requiring the collection of abandoned shopping carts and provide cities and retailers with better tools to address this widespread issue.

"When shopping carts are removed from retailer premises and left haphazardly in public spaces, they cause a significant issue for cities to locate, remove, and store them. Under current law, cities must store abandoned shopping carts in an impound lot, where they sit until a retailer retrieves them. This outdated process has inherent challenges, especially for large cities such as San José, which would need to store hundreds of abandoned shopping carts at any given time to comply with this provision. The storage space and staff cost required to operate an impound lot would be burdensome and an ineffective solution to this issue.

"This legislation helps address these challenges by providing cities with more tools and an updated cost recovery mechanism. SB 753 would allow cities and other local municipalities to return carts directly to retailers by picking them up and immediately returning them without the current requirement for three-day notice or storage in an impound facility. Additionally, this bill would allow for the recovery of the actual costs of managing the program. This strikes the appropriate balance of creating an efficient system to retrieve and return abandoned shopping carts while incentivizing retailers to work collaboratively with cities and other local municipalities to recover their stolen property."

Arguments in Opposition

None on file.

FISCAL COMMENTS

None.

VOTES

SENATE FLOOR: 39-0-1

YES: Allen, Alvarado-Gil, Archuleta, Arreguín, Ashby, Becker, Blakespear, Cabaldon, Caballero, Cervantes, Choi, Cortese, Dahle, Durazo, Gonzalez, Grayson, Grove, Hurtado, Jones, Laird, Limón, McGuire, McNerney, Menjivar, Niello, Ochoa Bogh, Padilla, Pérez, Richardson, Rubio, Seyarto, Smallwood-Cuevas, Stern, Strickland, Umberg, Valladares, Wahab, Weber Pierson, Wiener

ABS, ABST OR NV: Reyes

ASM LOCAL GOVERNMENT: 6-0-4

YES: Carrillo, Pacheco, Ramos, Stefani, Ward, Wilson

ABS, ABST OR NV: Ta, Hoover, Ransom, Blanca Rubio

UPDATED

VERSION: September 4, 2025

CONSULTANT: Jimmy MacDonald / L. GOV. / (916) 319-3958 FN: 0001674

SENATE THIRD READING

STR Bill Id:SB 753

Author:(Cortese)

As Amended Ver:July 17, 2025

Majority vote

SUMMARY

Expands the authority for cities and counties to recover costs for retrieving shopping carts and returning them to their owners.

Major Provisions

1. Authorizes a city or county to do either of the following with a shopping cart that has a sign affixed to it, as specified, that is located outside the premises or parking area of a retail establishment which, for a multistore complex or shopping center, includes the entire parking area used by the complex or center:
2. Pursuant to an ordinance adopted by a city or county, retrieve and return the shopping cart to the parking area or premises of the owner or retailer identified on the sign.
3. Impound the shopping cart, consistent with existing law, if the cart is not retrieved within three business days from the date the owner of the cart, or their agent, receives actual notice from the city or county of the cart's discovery and location.
4. Specifies a city's or county's authority to impound a shopping cart from public or private property in instances where the location of the cart will impede emergency services.
5. Authorizes a city or county that retrieves and returns a shopping cart to recover its actual costs for the retrieval and return from the owner of the shopping cart. The city or county shall not recover more than $500 per shopping cart from the owner of the shopping cart. In order to recover the actual costs, the city or county shall include an explanation in the ordinance adopted pursuant to 1), above, of how the actual costs for retrieving and returning a shopping cart will be determined.
6. Authorizes a city or county to fine the owner of a shopping cart in an amount not to exceed $150, instead of $50, for each occurrence in excess of three during a specified six-month period for failure to retrieve shopping carts in accordance with this bill. "Occurrence" means a failure to retrieve a shopping cart within three business days from the date the owner of the shopping cart, or their agent, receives actual notice from the city or county of the shopping cart's discovery and location.
7. Provides that actual notice shall require proof that the notice was delivered to the owner, or their agent, which may include, but is not limited to, mail, phone, or electronic transmission with delivery confirmation. The city or county shall maintain a record of that proof of delivery.

COMMENTS

1. Background. Abandoned shopping carts can interfere with pedestrian and vehicular traffic. Current law considers a shopping cart abandoned if it is found outside of the premises or parking area of the shopping center. According to a September 21, 2023, Calgary Herald article, "Stolen shopping carts can cost businesses up to $800 million a year around the globe, says the Food Marketing Institute in Washington, D.C. A single cart can easily cost retailers $300 each (in Canada), so when you multiply that figure by the large number of grocery stores in operation and the thefts that occur, the cost of these losses skyrockets.

"Those high-tech models, with the wheels that lock when you leave a retailer's parking lot, have led to some success in stopping theft and several municipalities across the continent have tried to pass bylaws that address the situation. However, the problem persists. A news story out of New York state a few years ago noted that a typical grocery store can still lose $10,000 a year due to stolen shopping carts. And, in summer 2021, a Safeway store in San Francisco reported that it lost 160 carts in a single month — more than five a day on average."

Prior to 1996, many local governments charged retailers and grocers for cart retrieval, even though retailers and grocers often contracted with private cart retrieval companies to perform this service. Retailers and grocers were concerned that local governments were charging excessive rates and uneven retrieval fees in different jurisdictions.

1. AB 317 of 1996. AB 317 (Granlund), Chapter 291, Statutes of 1996, was adopted by the Legislature to create uniform statewide regulation for retrieval of shopping carts by local agencies. AB 317 prevented cities and counties from seeking recompense for retrieving abandoned shopping carts until they notify a cart's owner, and instead stipulated that a shopping cart that has a sign affixed to it that identifies the owner of the cart may be impounded provided both of the following conditions have been satisfied:
2. The shopping cart is located outside the premises or parking area of a retail establishment.
3. The shopping cart is not retrieved within three business days from the date the owner of the shopping cart, or his or her agent, receives actual notice from the city or county of the shopping cart's discovery and location.

AB 317 authorized a city or county that impounds a shopping cart to recover its actual costs for providing this service and to fine the owner of a shopping cart up to $50 for each occurrence in excess of three during a specified six-month period for failure to retrieve shopping carts. If no one has collected an impounded cart after 30 days, the local agency may sell or dispose of it. Local governments can immediately retrieve a shopping cart from public or private property if the shopping cart will impede emergency services.

1. AB 1427 of 1998. AB 1427 (Pringle), Chapter 16, Statutes of 1998, updated AB 317 to allow cities and counties to immediately impound misplaced shopping carts. Local officials must notify the owner within 24 hours of the location where the cart owner can collect the previously abandoned cart. AB 1427 required cities and counties to give the owner of the cart three business days to collect the cart at no cost. After three days, local officials can charge the owner of the cart a fine or fee, if applicable, for the actual cost of the retrieval and impounding.
2. City Ordinances. Some cities have developed ordinances in an attempt to reduce the number of abandoned shopping carts in their communities. For example, the City of San Jose, sponsor of this bill, adopted an ordinance requiring every owner who provides 26 or more carts to develop and implement an abandoned cart prevention plan. The plan must include, among other things, an inventory of carts, a description of a community outreach process to inform customers that the removal of carts from the premises is prohibited, loss prevention measures, such as security personnel, employee training, and a plan for cart retrieval within 24 hours. For any retailers with 76 or more carts, the mandatory cart retrieval plan must also include at least one of the following (San Jose Municipal Code Chapter 9.60):
3. Use of a device or mechanism designed to physically prevent the removal of shopping carts from the owner's premises.
4. Use of a device or mechanism that requires customers to make a security deposit before being allowed to use a cart.
5. Maintaining an agreement with a cart retrieval service that makes weekly, proactive efforts to retrieve the owner's abandoned carts over the course of a year and is capable of retrieving an abandoned cart within 24 upon notice of the abandoned cart's location by the City.

According to the Author

According to the author, "SB 753 addresses a growing public safety and environmental concern across California: the widespread abandonment of shopping carts in our communities. Current state law is outdated and inefficient, requiring cities to store abandoned carts at impound lots and wait for retailers to retrieve them—a burdensome and costly process, especially for larger cities.

"The bill modernizes California law by allowing cities to immediately collect abandoned shopping carts, return them directly to retailers without a three-day waiting period, and recover the actual costs associated with managing cart recovery programs. SB 753 ensures a more efficient process that reduces street and sidewalk obstructions, protects waterways from pollution and flooding hazards, and strengthens collaboration and support for both local governments and retailers."

Arguments in Support

According to the City of San Jose, on a previous version of the bill, SB 753 "...seeks to address the proliferation of abandoned shopping carts plaguing cities across the state. These carts have created hazards by blocking streets and sidewalks and disrupting our open spaces and waterways. This bill will modernize the laws requiring the collection of abandoned shopping carts and provide cities and retailers with better tools to address this widespread issue.

"When shopping carts are removed from retailer premises and left haphazardly in public spaces, they cause a significant issue for cities to locate, remove, and store them. Under current law, cities must store abandoned shopping carts in an impound lot, where they sit until a retailer retrieves them. This outdated process has inherent challenges, especially for large cities such as San José, which would need to store hundreds of abandoned shopping carts at any given time to comply with this provision. The storage space and staff cost required to operate an impound lot would be burdensome and an ineffective solution to this issue.

"This legislation helps address these challenges by providing cities with more tools and an updated cost recovery mechanism. SB 753 would allow cities and other local municipalities to return carts directly to retailers by picking them up and immediately returning them without the current requirement for three-day notice or storage in an impound facility. Additionally, this bill would allow for the recovery of the actual costs of managing the program. This strikes the appropriate balance of creating an efficient system to retrieve and return abandoned shopping carts while incentivizing retailers to work collaboratively with cities and other local municipalities to recover their stolen property."

Arguments in Opposition

According to the California Grocers Association in an oppose unless amended position on a previous version of the bill, "This bill would allow for a fine of actual cost to the jurisdiction, with no limitation, and apply to each cart impounded. Removing fine limitations essentially revictimizes grocers by charging them fines which could be greater than the actual cost of the cart itself. Rather, we request the bill be amended to provide 24-48 hours to retrieve stolen carts and if not retrieved, allow local governments to charge an updated fine upon return of carts. The majority of 'cart thieves' are average consumers with challenges getting purchases home, but there is also a subset of individuals that steal carts and forcefully retain them for long periods of time. This is against the law, though we are unaware of any local jurisdictions who have enforced state and local law and SB 753 fails to address proper enforcement.

"Regardless, under existing law, should a local government retrieve a cart, they can notify the cart owner to retrieve the cart and if after three days they fail to, local governments can fine the grocer and sell the cart. In addition to state law, approximately 150 cities and counties throughout California have adopted local ordinances which require grocers to actively search for and retrieve stolen or abandoned carts. The grocery industry has been receptive to these ordinances--we feel we have a responsibility to recover our stolen property just as the local jurisdiction has a similar responsibility to both prevent and help recover stolen property. Other local ordinances include requiring grocers to submit cart recovery strategies, surveillance or locking mechanisms on cart merchandise, some of which the sponsor has availed themselves of. SB 753 disregards these uniquely tailored ordinances and local/business partnerships, assuming local ordinances are not working. In their place, it creates a statewide requirement, and a perverse incentivize for local governments to retrieve the carts themselves while simultaneously competing with grocers attempts to retrieve their own carts.

"SB 753 specifies that in the instance a local government retrieves a stolen cart, they can impose full cost recovery for retrieval services upon the aggrieved grocer. Full cost recovery is not defined within the bill and will likely include unreasonable expenses, brought for the benefit of local government budgets rather than true costs. This will in many circumstances result in the recovery costs borne by the grocer exceeding the actual cost of the cart itself. It also is important to recognize the bill sponsor, the City of San Jose, originally pursued this legislation as a direct result of their budget process."

FISCAL COMMENTS

None.

VOTES

SENATE FLOOR: 39-0-1

YES: Allen, Alvarado-Gil, Archuleta, Arreguín, Ashby, Becker, Blakespear, Cabaldon, Caballero, Cervantes, Choi, Cortese, Dahle, Durazo, Gonzalez, Grayson, Grove, Hurtado, Jones, Laird, Limón, McGuire, McNerney, Menjivar, Niello, Ochoa Bogh, Padilla, Pérez, Richardson, Rubio, Seyarto, Smallwood-Cuevas, Stern, Strickland, Umberg, Valladares, Wahab, Weber Pierson, Wiener

ABS, ABST OR NV: Reyes

ASM LOCAL GOVERNMENT: 6-0-4

YES: Carrillo, Pacheco, Ramos, Stefani, Ward, Wilson

ABS, ABST OR NV: Ta, Hoover, Ransom, Blanca Rubio

UPDATED

VERSION: July 17, 2025

CONSULTANT: Jimmy MacDonald / L. GOV. / (916) 319-3958 FN: 0001151

Date of Hearing: July 16, 2025

ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT

Juan Carrillo, Chair

SBPCA Bill Id:SB 753

Author:(Cortese) – As Amended Ver:March 24, 2025

SENATE VOTE: 39-0

SUBJECT: Special business regulations: shopping carts.

SUMMARY: Expands the authority for cities and counties to recover costs for retrieving shopping carts and returning them to their owners. Specifically, this bill:

1. Authorizes a city or county to do either of the following with a shopping cart that has a sign affixed to it, as specified, that is located outside the premises or parking area of a retail establishment which, for a multistore complex or shopping center, includes the entire parking area used by the complex or center:
2. Retrieve and return the shopping cart to the parking area or premises of the owner or retailer identified on the sign.
3. Impound the shopping cart, consistent with existing law, if the cart is not retrieved within three business days from the date the owner of the cart, or their agent, receives actual notice from the city or county of the cart’s discovery and location.
4. Specifies a city’s or county’s authority to impound a shopping cart from public or private property in instances where the location of the cart will impede emergency services.
5. Authorizes a city or county that retrieves and returns a shopping cart to recover its actual costs for the retrieval and return from the owner of the shopping cart.
6. Authorizes a city or county to fine the owner of a shopping cart in an amount established by the city or county for each occurrence in excess of three during a specified six-month period for failure to retrieve shopping carts in accordance with this bill. “Occurrence” means a failure to retrieve a shopping cart within three business days from the date the owner of the shopping cart, or their agent, receives actual notice from the city or county of the shopping cart’s discovery and location.
7. Provides that actual notice shall require proof that the notice was delivered to the owner, or their agent, which may include, but is not limited to, mail, phone, or electronic transmission with delivery confirmation. The city or county shall maintain a record of that proof of delivery.
8. Makes numerous conforming and technical changes.

EXISTING LAW:

1. Authorizes a city or county to impound a shopping cart that has a sign affixed to it, as specified, provided both of the following conditions have been satisfied:
2. The shopping cart is located outside the premises or parking area of a retail establishment. The parking area of a retail establishment located in a multistore complex or shopping center shall include the entire parking area used by the complex or center.
3. The shopping cart is not retrieved within three business days from the date the owner of the shopping cart, or his or her agent, receives actual notice from the city or county of the shopping cart’s discovery and location. [Business and Professions Code 22435.7(b)]
4. Authorizes a city or county to immediately retrieve the shopping cart from public or private property in instances where the location of a shopping cart will impede emergency services. [Business and Professions Code 22435.7(c)]
5. Authorizes a city or county that impounds a shopping cart under 1) or 2), above, to recover its actual costs for providing this service. [Business and Professions Code 22435.7(d)]
6. Requires that any shopping cart that is impounded by a city or county pursuant to 1) or 2), above, be held at a location that is both:
7. Reasonably conveneinet to the owner of the shopping cart.
8. Open for business at least six hours of each business day. [Business and Professions Code 22435.7(e)]
9. Authorizes a city or county to fine the owner of a shopping cart in an amount not to exceed $50 for each occurrence in excess of three during a specified six-month period for failure to retrieve shopping carts. An occurrence includes all shopping carts impounded in a one-day period. [Business and Professions Code 22435.7(f)]
10. Provides that any shopping cart not reclaimed from the city or county within 30 days of receipt of a notice of violation by the owner of the shopping cart may be sold or otherwise disposed of by the entity in possession of the shopping cart. [Business and Professions Code 22435.7(g)]
11. Authorizes a city or county to impound a shopping cart without complying with the three-day advance notice requirement outlined in 1), above, provided that:
12. The owner of the shopping cart, or their agent, is provided actual notice within 24 hours following the impound and that notice informs the owner, or thier agent, as to the location where the shopping cart may be claimed.
13. Any shopping cart so impounded is held at a location in compliance with 4), above.
14. Any shopping cart reclaimed by the owner or their agent, within three business days following the date of actual notice, shall be released and surrendered to the owner or agent at no charge whatsoever, including the waiver of any impound and storage fees or fines that would otherwise be applicable pursuant to 3) or 5), above.
15. Any shopping cart not reclaimed by the owner or his or her agent, within three business days following the date of actual notice, shall be subject to any applicable fee or fine imposed pursuant to 3) or 5), above, commencing on the fourth business day following the date of the notice.
16. Any shopping cart not reclaimed by the owner or thier agent, within 30 days of receipt following the date of actual notice, may be sold or disposed of. [Business and Professions Code 22435.7(i)]
17. Provides that it is unlawful to do any of the following acts, if a shopping cart or laundry cart has a permanently affixed sign:
18. Remove a shopping cart or laundry cart from the premises or parking area of a retail establishment with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart.
19. Be in possession of any shopping cart or laundry cart that has been removed from the premises or the parking area of a retail establishment, with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart.
20. Be in possession of any shopping cart or laundry cart with serial numbers removed, obliterated, or altered, with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart.
21. Leave or abandon a shopping cart or laundry cart at a location other than the premises or parking area of the retail establishment with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart.
22. Alter, convert, or tamper with a shopping cart or laundry cart, or to remove any part or portion thereof or to remove, obliterate or alter serial numbers on a cart, with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart.
23. Be in possession of any shopping cart or laundry cart while that cart is not located on the premises or parking lot of a retail establishment, with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart. [Business and Professions Code 22435.2]
24. Provides that the provisions of 8), above, apply when a shopping cart or a laundry cart has a sign permanently affixed to it that identifies the owner of the cart or the retailer, or both; notifies the public of the procedure to be utilized for authorized removal of the cart from the premises; notifies the public that the unauthorized removal of the cart from the premises or parking area of the retail establishment, or the unauthorized possession of the cart, is a violation of state law; and, lists a valid telephone number or address for returning the cart removed from the premises or parking area to the owner or retailer. [Business and Professions Code 22435.1]
25. Defines a “shopping cart” as a basket which is mounted on wheels or a similar device generally used in a retail establishment by a customer for the purpose of transporting goods of any kind. [Business and Professions Code 22435]

FISCAL EFFECT: None.

COMMENTS:

1. Background. Abandoned shopping carts can interfere with pedestrian and vehicular traffic. Current law considers a shopping cart abandoned if it is found outside of the premises or parking area of the shopping center. According to a September 21, 2023, Calgary Herald article, “Stolen shopping carts can cost businesses up to $800 million a year around the globe, says the Food Marketing Institute in Washington, D.C. A single cart can easily cost retailers $300 each (in Canada), so when you multiply that figure by the large number of grocery stores in operation and the thefts that occur, the cost of these losses skyrockets.
   
   “Those high-tech models, with the wheels that lock when you leave a retailer’s parking lot, have led to some success in stopping theft and several municipalities across the continent have tried to pass bylaws that address the situation. However, the problem persists. A news story out of New York state a few years ago noted that a typical grocery store can still lose $10,000 a year due to stolen shopping carts. And, in summer 2021, a Safeway store in San Francisco reported that it lost 160 carts in a single month — more than five a day on average.”

Prior to 1996, many local governments charged retailers and grocers for cart retrieval, even though retailers and grocers often contracted with private cart retrieval companies to perform this service. Retailers and grocers were concerned that local governments were charging excessive rates and uneven retrieval fees in different jurisdictions.

1. AB 317 of 1996. AB 317 (Granlund), Chapter 291, Statutes of 1996, was adopted by the Legislature to create uniform statewide regulation for retrieval of shopping carts by local agencies. AB 317 prevented cities and counties from seeking recompense for retrieving abandoned shopping carts until they notify a cart’s owner, and instead stipulated that a shopping cart that has a sign affixed to it that identifies the owner of the cart may be impounded provided both of the following conditions have been satisfied:
2. The shopping cart is located outside the premises or parking area of a retail establishment.
3. The shopping cart is not retrieved within three business days from the date the owner of the shopping cart, or his or her agent, receives actual notice from the city or county of the shopping cart’s discovery and location.

AB 317 authorized a city or county that impounds a shopping cart to recover its actual costs for providing this service and to fine the owner of a shopping cart up to $50 for each occurrence in excess of three during a specified six-month period for failure to retrieve shopping carts. If no one has collected an impounded cart after 30 days, the local agency may sell or dispose of it. Local governments can immediately retrieve a shopping cart from public or private property if the shopping cart will impede emergency services.

1. AB 1427 of 1998. AB 1427 (Pringle), Chapter 16, Statutes of 1998, updated AB 317 to allow cities and counties to immediately impound misplaced shopping carts. Local officials must notify the owner within 24 hours of the location where the cart owner can collect the previously abandoned cart. AB 1427 required cities and counties to give the owner of the cart three business days to collect the cart at no cost. After three days, local officials can charge the owner of the cart a fine or fee, if applicable, for the actual cost of the retrieval and impounding.
2. City Ordinances. Some cities have developed ordinances in an attempt to reduce the number of abandoned shopping carts in their communities. For example, the City of San Jose, sponsor of this bill, adopted an ordinance requiring every owner who provides twenty-six or more carts to develop and implement an abandoned cart prevention plan. The plan must include, among other things, an inventory of carts, a description of a community outreach process to inform customers that the removal of carts from the premises is prohibited, loss prevention measures, such as security personnel, employee training, and a plan for cart retrieval within 24 hours. For any retailers with 76 or more carts, the mandatory cart retrieval plan must also include at least one of the following (San Jose Municipal Code Chapter 9.60):
3. Use of a device or mechanism designed to physically prevent the removal of shopping carts from the owner’s premises.
4. Use of a device or mechanism that requires customers to make a security deposit before being allowed to use a cart.
5. Maintaining an agreement with a cart retrieval service that makes weekly, proactive efforts to retrieve the owner’s abandoned carts over the course of a year and is capable of retrieving an abandoned cart within 24 upon notice of the abandoned cart’s location by the City.
6. Bill Summary. This bill makes changes to the process by which cities and counties can retrieve shopping carts, including allowing a city or county to retrieve and return the shopping cart to the parking area or premises of the owner or retailer. This bill removes the $50 limit that a city or county can fine an owner of a shopping cart for each occurrence, as defined, in excess of three during a six-month period for failing to retrieve shopping carts. Instead, a city or county that retrieves and returns a shopping cart can recover its actual costs for the retrieval and return from the owner of the shopping cart or fine the owner of a shopping cart in an amount established by the city or county for each occurrence in excess of three during a sixth-month period for failure to retrieve shopping carts.

This bill defines “occurrence” as a failure to retrieve a shopping cart within three business days from the date the owner of the shopping cart receives actual notice from the city or county of the shopping cart’s discovery and location. Lastly, this bill provides that the actual notice shall require proof that the notice was delivered to the owner of the cart, which can include mail, phone, or electronic transmission with delivery confirmation. The city or county must maintain a record of that proof of delivery.

This bill is sponsored by the City of San Jose and San Jose Mayor Matt Mahan.

1. Author’s Statement. According to the author, “SB 753 addresses a growing public safety and environmental concern across California: the widespread abandonment of shopping carts in our communities. Current state law is outdated and inefficient, requiring cities to store abandoned carts at impound lots and wait for retailers to retrieve them—a burdensome and costly process, especially for larger cities.

“The bill modernizes California law by allowing cities to immediately collect abandoned shopping carts, return them directly to retailers without a three-day waiting period, and recover the actual costs associated with managing cart recovery programs. SB 753 ensures a more efficient process that reduces street and sidewalk obstructions, protects waterways from pollution and flooding hazards, and strengthens collaboration and support for both local governments and retailers.”

1. Policy Consideration. Shopping cart theft has been a problem in California for decades, as evidenced by efforts in the 1990s to bring some consistency to the fees local agencies can charge retailers for cart recovery. Two bills created some statewide regulation; however, these requirements only allowed local agencies to impound carts and take them to an impound lot if the local agency wanted to charge the retailer for their efforts. If a local agency returns the cart to the retailer instead, they cannot recover their costs.

SB 753 tilts the balance in the favor of local governments by removing the $50 limit on fines, and creating a new process for recovering costs when the local agency returns the cart directly to its owner. In some ways, this takes the matter back to before the 1990s, when costs could vary across jurisdictions, leading to higher costs for retailers. In other ways, this helps local agencies manage abandoned shopping carts in a less costly way then taking them to an impound lot, which could make the problem easier to manage.

The opposition argues that removing limitations on charges essentially makes the retailer the victim twice: the theft of the shopping cart and charging fines that could be greater than the actual cost of the cart. In light of these concerns, the Committee may wish to consider if this bill strikes the right balance between cost recovery for local agencies and fair treatment for retailers.

1. Committee Amendments. In response to the policy consideration above, the committee may wish to amend this bill as follows:
   1. Specify that a city, county, or city and county may retrieve and return the shopping cart pursuant to an ordinance adopted by the city, county, or city and county.
   2. Specify that a city, county, or city and county shall not recover more than $500 per shopping cart when utilizing its authority to retrieve and return the shopping cart.
   3. Specify that in order to recover actual costs for the retrieval and return of a shopping cart, the ordinance adopted by the city, county, or city and county, shall include an explanation, in the ordinance, of how the actual costs for retrieving and returning a shopping cart will be determined.
   4. Reinstate the fine amount, but increase it from $50 to $150 for each occurrence.
2. Arguments in Support. According to the sponsor of this bill, the City of San Jose, SB 753 “...seeks to address the proliferation of abandoned shopping carts plaguing cities across the state. These carts have created hazards by blocking streets and sidewalks and disrupting our open spaces and waterways. This bill will modernize the laws requiring the collection of abandoned shopping carts and provide cities and retailers with better tools to address this widespread issue.

“When shopping carts are removed from retailer premises and left haphazardly in public spaces, they cause a significant issue for cities to locate, remove, and store them. Under current law, cities must store abandoned shopping carts in an impound lot, where they sit until a retailer retrieves them. This outdated process has inherent challenges, especially for large cities such as San José, which would need to store hundreds of abandoned shopping carts at any given time to comply with this provision. The storage space and staff cost required to operate an impound lot would be burdensome and an ineffective solution to this issue.

“This legislation helps address these challenges by providing cities with more tools and an updated cost recovery mechanism. SB 753 would allow cities and other local municipalities to return carts directly to retailers by picking them up and immediately returning them without the current requirement for three-day notice or storage in an impound facility. Additionally, this bill would allow for the recovery of the actual costs of managing the program. This strikes the appropriate balance of creating an efficient system to retrieve and return abandoned shopping carts while incentivizing retailers to work collaboratively with cities and other local municipalities to recover their stolen property.”

1. Arguments in Opposition. According to the California Grocers Association in an oppose unless amended position, “This bill would allow for a fine of actual cost to the jurisdiction, with no limitation, and apply to each cart impounded. Removing fine limitations essentially revictimizes grocers by charging them fines which could be greater than the actual cost of the cart itself. Rather, we request the bill be amended to provide 24-48 hours to retrieve stolen carts and if not retrieved, allow local governments to charge an updated fine upon return of carts. The majority of ‘cart thieves’ are average consumers with challenges getting purchases home, but there is also a subset of individuals that steal carts and forcefully retain them for long periods of time. This is against the law, though we are unaware of any local jurisdictions who have enforced state and local law and SB 753 fails to address proper enforcement.

“Regardless, under existing law, should a local government retrieve a cart, they can notify the cart owner to retrieve the cart and if after three days they fail to, local governments can fine the grocer and sell the cart. In addition to state law, approximately 150 cities and counties throughout California have adopted local ordinances which require grocers to actively search for and retrieve stolen or abandoned carts. The grocery industry has been receptive to these ordinances--we feel we have a responsibility to recover our stolen property just as the local jurisdiction has a similar responsibility to both prevent and help recover stolen property. Other local ordinances include requiring grocers to submit cart recovery strategies, surveillance or locking mechanisms on cart merchandise, some of which the sponsor has availed themselves of. SB 753 disregards these uniquely tailored ordinances and local/business partnerships, assuming local ordinances are not working. In their place, it creates a statewide requirement, and a perverse incentivize for local governments to retrieve the carts themselves while simultaneously competing with grocers attempts to retrieve their own carts.

“SB 753 specifies that in the instance a local government retrieves a stolen cart, they can impose full cost recovery for retrieval services upon the aggrieved grocer. Full cost recovery is not defined within the bill and will likely include unreasonable expenses, brought for the benefit of local government budgets rather than true costs. This will in many circumstances result in the recovery costs borne by the grocer exceeding the actual cost of the cart itself. It also is important to recognize the bill sponsor, the City of San Jose, originally pursued this legislation as a direct result of their budget process.”

REGISTERED SUPPORT / OPPOSITION:

Support

City of San Jose [SPONSOR]

City of San Jose Mayor, Matt Mahan [SPONSOR]

California Contract Cities Association

California State Association of Counties

City of Concord

City of Cupertino

City of Norwalk

City of Oakland

City of San Diego Mayor, Todd Gloria

City of San Jose Councilmember, Pam Foley

League of California Cities

Santa Clara Valley Water District

Opposition

California Grocers Association (unless amended)

Analysis Prepared by: Jimmy MacDonald / L. GOV. / (916) 319-3958, Julia Mouat / L. GOV. / (916) 319-3958

 THIRD READING  

Bill No: SB 753

Author: Cortese (D)

Amended: 3/24/25

Vote: 21

SENATE LOCAL GOVERNMENT COMMITTEE: 6-0, 5/7/25

AYES: Durazo, Choi, Arreguín, Cabaldon, Laird, Wiener

NO VOTE RECORDED: Seyarto

SUBJECT: Special business regulations: shopping carts

SOURCE: City of San Jose

DIGEST:

This bill expands the authority for cities and counties to recover costs for retrieving shopping carts and returning them to their owners.

ANALYSIS:

Existing law:

1. Declares the retrieval of abandoned shopping carts by local agencies and issue of statewide importance.
2. Prevents local officials from retrieving wayward shopping carts until they notify the cart’s owner. If the owner does not retrieve the cart within three days, then local officials may retrieve and impound it. When a cart owner collects an impounded cart, the local agency may charge them for the actual retrieval and impounding costs. If no one has collected an impounded cart after 30 days, the local agency may sell or dispose of it. After a local agency impounds more than three carts from a single owner in a six-month period, it may also charge a $50 fine for each cart it impounds.
3. Allows cities and counties to immediately impound misplaced shopping or laundry carts. Local officials must notify the owner within 24 hours of the location where the cart owner can collect the previously wayward cart.
4. Requires cities and counties to give the owner of the cart three business days to collect the cart at no cost. After three days, local officials can charge the owner of the cart a fine or fee, if applicable, for the actual cost of the retrieval and impounding.
5. Protects local regulation of shopping cart removal from the shopping premises or parking area of a shopping center as long as those local ordinances do not conflict with state law.

This bill:

1. Changes the statewide regulations for shopping cart retrieval. For shopping carts that are located outside the premises or parking area of a retail establishment, cities and counties can either:
   1. Retrieve and return the shopping cart to the parking area of premises of the owner or retailer identified on the sign; or
   2. Impound the shopping cart if the retailer does not retrieve the cart within three business days from the date the owner or retailer receives notice from the city or county.
2. Allows cities and counties to immediately retrieve or impound the shopping cart if the shopping cart will impede emergency services.
3. Removes the $50 limit that a city or county can charge an owner of a shopping cart for each occurrence in excess of three during a six-month period for failing to retrieve shopping carts. Instead, a city or county that retrieves and returns a shopping cart can recover its actual costs for the retrieval and return from the owner of the shopping cart for each occurrence.
4. Defines an “occurrence” to mean a failure of retrieving a cart within three business days from when the owner received notice from the city or county.
5. Requires a city or county to retain proof that it delivered the notice to the owner of the cart, which can include mail, phone, or electronic transmission with delivery confirmation. The city or county must maintain a record of that proof of delivery.

Comments

1. Purpose of the bill. According to the author, “SB 753 addresses a growing public safety and environmental concern across California: the widespread abandonment of shopping carts in our communities. Current state law is outdated and inefficient, requiring cities to store abandoned carts at impound lots and wait for retailers to retrieve them—a burdensome and costly process, especially for larger cities. The bill modernizes California law by allowing cities to immediately collect abandoned shopping carts, return them directly to retailers without a three-day waiting period, and recover the actual costs associated with managing cart recovery programs. SB 753 ensures a more efficient process that reduces street and sidewalk obstructions, protects waterways from pollution and flooding hazards, and strengthens collaboration and support for both local governments and retailers.”
2. Same old song and dance. Shopping cart theft has been a problem in California for decades. To bring some consistency to the fees local agencies charged retailers for cart recovery, efforts in the 1990s created some statewide regulation, which benefitted retailers facing inconsistent regulations. It also gave retailers a three-day grace period to retriever their carts from the local agency. However, these statewide regulations only allowed local agencies to impound carts and take them to an impound lot if the local agency wanted to charge the retailer for their efforts. If a local agency returns the cart to the retailer instead, they cannot recover their costs. SB 753 tilts the balance back in the favor of local governments by removing the $50 limit on cost recovery, and creating a new process for recovering costs when the local agency returns the cart directly to its owner. In some ways, this takes the matter back to before the 1990s when costs could vary across jurisdictions, leading to higher costs for retailers. In other ways this helps local agencies manage abandoned shopping carts in a less costly way then taking them to an impound lot, which could make the problem easier to manage. However, many local agencies already have processes in place to collect shopping carts. Some have contracts with private entities to collect carts. SB 753 may allow them to charge more for something they are already doing by removing the $50 cap and allowing local agencies to recover their actual costs. The Legislature may wish to consider whether SB 753 adequately balances the flexibility for local agencies with cost pressures on retailers.

FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No

SUPPORT: (Verified 5/9/25)

City of San Jose (Source)
Mayor Matt Mahan, City of San Jose
Mayor Todd Gloria, City of San Diego

California Contract Cities Association
California State Association of Counties
City of Concord
City of Norwalk
League of California Cities
Santa Clara Valley Water District

OPPOSITION: (Verified 5/9/25)

California Grocers Association

Prepared by: Jonathan Peterson / L. GOV. / (916) 651-4119

5/9/25 13:49:45

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SENATE COMMITTEE ON LOCAL GOVERNMENT

Senator María Elena Durazo, Chair

2025 - 2026 Regular

Special business regulations: shopping carts

Expands the authority for cities and counties to recover costs for retrieving shopping carts and returning them to their owners.

Background

Shopping carts taken from business establishments and grocery stores cost California retailers millions of dollars per year. Depending on the type of shopping cart, costs range from $50 to $300, and stealing one is a crime. They end up abandoned far away from the location of the retailer who owns the cart, and end up in waterways and other spaces that can cause public safety issues. Current law considers a shopping cart abandoned if it is found outside of the premises or parking area of the shopping center.

Prior to 1996, many local governments charged retailers and grocers for cart retrieval, even though retailers and grocers often contract with private cart retrieval companies to perform this service. Retailers and grocers complained that local governments were charging excessive rates and uneven retrieval fees in different jurisdictions. This prompted the Legislature to declare the retrieval of abandoned shopping carts by local agencies an issue of statewide importance and subject to new state laws (AB 317, Granlund, 1996).

The 1996 law prevents local officials from retrieving wayward shopping carts until they notify the cart’s owner. If the owner does not retrieve the cart within three days, then local officials may retrieve and impound it. When a cart owner collects an impounded cart, the local agency may charge them for the actual retrieval and impounding costs. If no one has collected an impounded cart after 30 days, the local agency may sell or dispose of it. After a local agency impounds more than three carts from a single owner in a six-month period, it may also charge a $50 fine for each cart it impounds. Local governments can immediately retrieve a shopping cart from public or private property if the shopping cart will impede emergency services.

AB 1427 (Pringle, 1998) updated this law to allow cities and counties to immediately impound misplaced shopping or laundry carts. Local officials must notify the owner within 24 hours of the location where the cart owner can collect the previously wayward cart. AB 1427 requires cities and counties to give the owner of the cart three business days to collect the cart at no cost. After three days, local officials can charge the owner of the cart a fine or fee, if applicable, for the actual cost of the retrieval and impounding. AB 1427 also protects local regulation of shopping cart removal from the shopping premises or parking area of a shopping center as long as those local ordinances do not conflict with state law.

The City of San Jose wants to make it easier for them to retrieve shopping carts and recover their costs for doing so.

Proposed Law

Senate Bill 753 changes the statewide regulations for shopping cart retrieval.

Under SB 753, for shopping carts that are located outside the premises or parking area of a retail establishment, cities and counties can either:

• Retrieve and return the shopping cart to the parking area of premises of the owner or retailer identified on the sign; or
• Impound the shopping cart if the retailer does not retrieve the cart within three business days from the date the owner or retailer receives notice from the city or county.

In addition to their existing authority to immediately retrieve a shopping cart from public or private property if the shopping cart will impede emergency services, SB 753 allows cities and counties to immediately impound the shopping cart.

SB 753 removes the $50 limit that a city or county can charge an owner of a shopping cart for each occurrence in excess of three during a six-month period for failing to retrieve shopping carts. Instead, SB 753 allows a city or county that retrieves and returns a shopping cart to recover its actual costs for the retrieval and return from the owner of the shopping cart for each occurrence. The measure defines an “occurrence” to mean a failure of retrieving a cart within three business days from when the owner received notice from the city or county.

Notice from a city or county must retain proof that it delivered the notice to the owner of the cart, which can include mail, phone, or electronic transmission with delivery confirmation. The city or county must maintain a record of that proof of delivery.

The measure defines its terms.

Comments

1. Purpose of the bill. According to the author, “SB 753 addresses a growing public safety and environmental concern across California: the widespread abandonment of shopping carts in our communities. Current state law is outdated and inefficient, requiring cities to store abandoned carts at impound lots and wait for retailers to retrieve them—a burdensome and costly process, especially for larger cities.

“The bill modernizes California law by allowing cities to immediately collect abandoned shopping carts, return them directly to retailers without a three-day waiting period, and recover the actual costs associated with managing cart recovery programs. SB 753 ensures a more efficient process that reduces street and sidewalk obstructions, protects waterways from pollution and flooding hazards, and strengthens collaboration and support for both local governments and retailers.

“SB 753 is sponsored by San Jose Mayor Matt Mahan and the City of San Jose.”

2. Same old song and dance. Shopping cart theft has been a problem in California for decades. To bring some consistency to the fees local agencies charged retailers for cart recovery, efforts in the 1990s created some statewide regulation, which benefitted retailers facing inconsistent regulations. It also gave retailers a three-day grace period to retriever their carts from the local agency. However, these statewide regulations only allowed local agencies to impound carts and take them to an impound lot if the local agency wanted to charge the retailer for their efforts. If a local agency returns the cart to the retailer instead, they cannot recover their costs. SB 753 tilts the balance back in the favor of local governments by removing the $50 limit on cost recovery, and creating a new process for recovering costs when the local agency returns the cart directly to its owner. In some ways, this takes the matter back to before the 1990s when costs could vary across jurisdictions, leading to higher costs for retailers. In other ways this helps local agencies manage abandoned shopping carts in a less costly way then taking them to an impound lot, which could make the problem easier to manage. However, many local agencies already have processes in place to collect shopping carts. Some have contracts with private entities to collect carts. SB 753 may allow them to charge more for something they are already doing by removing the $50 cap and allowing local agencies to recover their actual costs. To balance the flexibility for local agencies with cost pressures on retailers, the Committee may wish to consider amending the bill to implement the bill’s provisions only if the local agency has not adopted a local program for shopping cart retrieval, and impose reasonable limits on fines and cost recovery.

Support and Opposition

(5/2/2025)

Support: City of San Jose (Sponsor)
Mayor Matt Mahan, City of San Jose
Mayor Todd Gloria, City of San Diego

California Contract Cities Association
California State Association of Counties
City of Concord
City of Norwalk
League of California Cities
Santa Clara Valley Water District

Opposition: California Grocers Association

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