HomeMy WebLinkAboutLegislation Rvw Cmte - Legislation CITY OF PALM DESERT �� ��
OFFICE OF THE CITY MANAGER
STAFF REPORT
REQUEST: APPROVE THE PALM DESERT LEGISLATIVE REVIEW
COMMITTEE'S RECOMMENDATION TO PROVIDE LETTERS OF
OPPOSITION AND SUPPORT TO VARIOUS PROPOSED
LEGISLATION.
SUBMITTED BY: Stephen Y. Aryan, Risk Manager
DATE: March 28, 2013
CONTENTS: Proposed Legislation Texts
Recommendation
By Minute Motion, approve the recommended sending a letter of opposition for SB 7
(Steinberg) and letters of support for AB 147 (Perez), AB 148 (Perez), AB 158 (Levine), AB
265 (Gatto), and SB-21 (Roth).
Committee Recommendation
On February 22, 2013, the Palm Desert Legislative Review Committee recommended that
the City Council approve a letter of opposition for SB 7 (Steinberg) and letters of support for
AB 147(Perez), AB 148 (Perez), AB 158 (Levine), AB 265 (Gatto), and SB-21 (Roth).
BackQround
On February 22, 2013, the Palm Desert Legislative Review Committee recommended that
the City of Palm Desert send correspondence indicating its position on the following
proposed legislation:
LETTER OF OPPOSITION
SB 7 (Steinberg)-OPPOSE
This bill would prohibit a charter city from receiving or using state funding or financial
assistance for a construction project, if the city has a charter provision or ordinance that
authorizes a contractor to not comply with prevailing wage provisions on any public works
contract.
The bill would, except as specified, prohibit a charter city from receiving or using state
funding or financial assistance for a construction project for up to 2 calendar years if the city
has, after January 1, 2014, awarded a public works contract without requiring the contractor
to comply with prevailing wage provisions.
This bill would authorize charter cities to receive or use state funding or financial assistance
if the city has adopted a local prevailing wage ordinance that includes requirements that are
equal to or greater than the state's prevailing wage requirements, as specified. This bill
would exclude contracts for projects of $25,000 or less for construction work, or projects of
$15,000 or less for alteration, demolition, repair, or maintenance work.
Staff Report: Proposed Legislation
March 28, 2013
Page 2 of 4
LETTERS OF SUPPORT
AB 147 (Perez)-SUPPORT
Existing law implements the Quantification Settlement Agreement (QSA), which was
entered into by various parties to budget their portions of California's apportionment of
Colorado River water and to provide a framework for conservation measures and water
transfers for a period of up to 75 years. Existing law provides for a framework to mitigate the
environmental impacts on the Salton Sea caused by the QSA water transfer.
This bill would require the Secretary of the Natural Resources Agency, upon the execution
of an agreement with specified air quality management districts, to develop, in consultation
with the State Air Resources Board and the Sal#on Sea Authority, a strategic plan,
containing specified elements, to guide the implementation of a project to monitor and
mitigate dust pollution created at the Salton Sea as a result of the implementation of the
QSA.
This bill would establish the Salton Sea Dust Mitigation Project Account in #he Salton Sea
Restoration Fund for the purposes of receiving moneys to fund the implementation of�the
project, and, upon appropria#ion by the Legislature, moneys in the account would be used to
mitigate dust pollution arising from the implementation of the QSA.
AB 148 (Perez)- SUPPORT
This bill would require the Secretary of the Natural Resources Agency, in consultation and
coordination with the Salton Sea Authority, to establish a Salton Sea Renewable Energy
and Biofuel Research and Development Program in the Salton Sea basin to meet high-
priority economic and environmental goals by providing grants to facilitate research and the
commercial development of renewable energy and biofuel resources.
The bill would further authorize the secretary, in consultation and coordination with the
authority, to provide grants to eligible research institutions and commercial enterprises for
research and demonstration projects leading to the commercial development of the Salton
Sea's vast renewable energy and biofuel resources.
To be eligible for a grant, the bill would require a commercial enterprise for a demonstration
project to agree to a royalty or other revenue arrangement. The bill would require royalties
and revenues received to be deposited into the Salton Sea Restoration Fund. The bill would
require the secretary by July 1, 2014, to initiate the rulemaking process for the program and
a process for the application, review, and issuance of grants.
AB 158 (Levine)-SUPPORT
The bill would also require these stores, on and after January 1, 2020, to provide a plastic
bag collection bin for their customers, for the purpose of collecting and recycling single-use
plastic bags and reusable bags.
The bill would, on and after July 1, 2016, additionally impose these prohibitions and
requirements on convenience food stores, food marts, and certain other specified stores,
except for the requirement to provide plastic bag collection bins.
Staff Report: Proposed Legislation
March 28, 2013
Page 3 of 4
The bill would, beginning January 1, 2016, require a reusable grocery bag producer to
submit to the Department of Resources Recycling and Recovery a biennial certification,
including a certification fee established by the department, that certifies that each type of
reusable grocery bag that is imported, manufactured, sold, or distributed in the state and
provided to a store for sale or distribution meets specified requirements.
The bill would require the department to deposit the certification fees into the Reusable Bag
Account, which would be established by the bill in the Integrated Waste Management Fund.
The bill would require that moneys in #he account be expended by the department, upon
appropriation by the Legislature, to implement the certification requirements. A violation of
these certification requirements would be subject to an administrative civil penalty assessed
by the department. The department would be required to deposit these penalties into the
Penalty Subaccount, which the bill would create in the Reusable Bag Account, for
expenditure by the department, upon appropriation by the Legislature, to implement the
certification requirements.
The bill would require the department, by January 1, 2017, to submit a report to the
�egislature regarding the implementation of the bill's provisions. The biil would repeal this
report requirement on January 1, 2018.
The bill would allow a city, county, or city and county, or the state to impose civil penalties
for a violation of the bill's requirements, except for the certification requirements. The bill
would require these civil penalties to be paid to the office of the city attorney, city
prosecutor, district attorney, or Attomey General, whichever office brought the action, and
would allow the penalties collected by the Attorney General to be expended by the Attorney
General, upon appropriation by the Legislature, to enforce the bill's provisions.
AB 265 (Gatto)-SUPPORT
Existing law governs the tort liability and immunity of, and claims and actions against, a
public entity, including a city, county, and city and county. Existing law makes the owner of
any dog civilly liable for the damages suffered by any person who is bitten by the dog while
in a public place or lawfully in a private place, as specified, regardless of the former
viciousness of the dog or the owner's knowledge of such viciousness.
This bill would provide that a city, county, city and county, or special district that owns or
operates a dog park shall not be held liable for any injury or death suffered by any person_or
pet resulting solely from the actions of a dog in the dog park.
SB 21 (Roth)-SUPPORT
Existing provisions of the California Constitution establish the University of California as a
public trust under the administration of the Regents of the University of California. The
University of California system includes 10 campuses, which are located in Berkeley, Davis,
Irvine, Los Angeles, Merced, Riverside, San Diego, San Francisco, Santa Barbara, and
Santa Cruz.
This bill would annually apprapriate $15,000,000 from the General Fund to the Regents of
the University of California for allocation_to the School of Medicine at the University of
California.
Staff Report: Proposed Legislation
March 28, 2013
Page 4 of 4
Fiscal Anaivsis
There is no direct fiscal impact related to the City's opposition or support of these bills.
However, SB 7 (Steinberg) would prohibit Palm Desert, as a charter city from receiving or
using state funding or financial assistance for a construction project (for up to 2 years), if the
City has, after January 1, 2014, awarded a public works contract without requiring the
contractor to comply with prevailing wage provisions. Having to pay prevailing wage on all
projects, regardless of funding sources, would significantly increase such costs.
Submitted By:
Stephe Y. qlryan, Risk Ma ger
�
Approval:
;
,�
J h M. Wohlmuth, City Manager
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Original on File with City Clcrk's Uf ice
Bill Text-AB-147 Environment: Salton Sea: dust mitigation. Page 1 of 4
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���s1�� , LEGISLATIVE tNFORMATION �
AB-147 Environment:Salton Sea:dust miti9ation.(zois-zoia>
_ _ _.. ___ __ . __ __ _ _. __ _. _ __._. _._
I CALIFORNIA IEGISLATURE—2013-2014 REGULAR SES510N
' ASSEMBLY BILL No. 147
� �
; � ��
�
' Introduced by Assembly Member V. Manuel Perez
1
�
I )anuary 18, 2013 �
', An act add to Article 3 (commencing with Section 2950) to Chapter 13 of Division 3 ,
of the Fish and Game Code, relating to the environment.
�
' LEGISLATIVE COUNSEL'S DIGEST
�' AB 147,as introduced,V. Manuel Perez. Environment: Saiton Sea: dust mitigation. '
i
; Existing law estabiishes the Salton Sea Restoration Fund that is administered by the Director of Fish and Game '�
' and,upon appropriation by the Legislature, used for the restoration of the Salton Sea. '
�
', Existing law impiements the Quantification Settlement Agreement (QSA), which was entered into by various
� parties to budget their portions of California's apportionment of Colorado River water and to provide a
fremework for conservation measures and water transfers for a period of up to 75 years. Existing law provides '
', for a framework to mitigate the environmental impacts on the Salton Sea caused by the QSA water transfer.
This bill wouid require the Secretary of the Natural Resources Agency, upon the execution of an agreement with
specified air quality management districts, to develop, in consultation with the State Air Resources Board and '�
', the Salton Sea Authority, a strategic plan, containing specified elements, to guide the implementation of a ,
', project to monitor and mitigate dust poliution created at the Salton Sea as a result of the implementation of the
QSA. '
' This bili would establish the Salton Sea Dust Mitigation Project Account in the Saiton Sea Restoration Fund for ',
, the purposes of receiving moneys to fund the impiementation of the project, and, upon appropriation by the ',
Legislature, moneys in the account wouid be used to mitigate dust poilution arising from the impiementatio� of '
the QSA.
Vote: majority Appropriation: no Fiscai Committee: yes Local Program: no ',
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: '
SECTION 1.Article 3 (commencing with Section 2950) is added to Chapter 13 of Division 3 of the Fish and '
Game Code,to read: '
Article 3.Dust Mitigation
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Bill Text-AB-147 Environment: Salton Sea: dust mitigation. Page 2 of 4
, 2950.The Legisiature finds and declares all of the following: '
' (a)The Saiton Sea is California's largest lake, covering 365 square miles,and it serves as an important stop on
the annual Pacific Flyway migratory route, supporting over 400 species of birds and representing over two-
thirds of all birds in the continental United 5tates.
(b)The Salton Sea is located in the Imperial Valley and Coacheila Valiey of southern California, and rests in
, close proximity to over 400,000 residents. ,
� (c)In 2003,the Legisiature enacted legislation impiementing the Quantification Settlement Agreement(QSA), a
I water transfer agreement between the Imperial Irrigation District and the San Diego Metropolitan Water
District,that�epresented the largest agriculture-to-urban water transfer in the history of the United States.
(d)According to an analysis by the Pacific Institute, by 2018, reduced water inflows to the sea will reduce the
sea's depth by five feet, resuiting in the exposure of 26.5 square miles of currently submerged lake bed. By
� 2037,the sea's depth will drop by up to 27 feet, resulting in the exposure of 134 square miles of lake bed. '
' (e) From 1913 to 1924, inclusive, a similar rural-to-urban water transfer occurred when the Los Angeles �
Department of Water and Power (LADWP) began exporting water from Owens Lake to Los Angeles. After only �
' 11 years, LADWP had successfuily drained all but a fraction of Owens Lake, exposing over 100 square miles of '
lake bed. i
(f) For decades, the winds biowing across the exposed lake bed of Owens Lake eroded fine-grained sediments '
and salts, lofting them into the air, creating the single largest source of fugitive dust in the United States. ',
(g) In 1987, the United States Environmental Protection Agency classified the southern Owens Vailey as being
i, in violation of Nationai Ambient Air Quality Standards (NAAQS) for particulate matter less than 10 microns in
, diameter(PM10)and, in 1993, reclassified the region as a"serious non-attainment"area for PM10 standards. '
(h)After years of continued noncompliance with the PM10 standards, the United States Environmental
' Protection Agency ordered California to produce a plan for achieving compliance in the Owens Valtey.
,
(i)In 1997,the Great Basin Air Pollution Controi District, which has oversight of the Owens Vailey, exercised its ;
i authority under Section 42316 of the Hea{th and Safety Code to require the LADWP to undertake reasonabie ,
measures to mitigate the air quality problems caused by the draining of Owens Lake, which was adopted as part
of the 1998 State Implementation Plan. ;
�
(j) Since 1998, LADWP has spent one biliion two hundred miliion dollars ($1,200,000,000) to stem dust '
pollution in Owens Valley mainiy by flooding a 40-square-mile area of exposed lake bed at a cost of 30 billion I
' gallons of water a year. '
�
, (k)In 2012, the State Air Resources Board upheid an additional order by the Great Basin Air District that '
required LADWP to flood an additional three square miles of exposed lake bed at an estimated cost of four
! hundred million dollars($400,000,000). LADWP has appealed the state's order in federal court. ',
(I) Under the QSA, the state agreed to cover the cost of mitigating the effects of the water transfer on the I'
', Salton Sea beyond the�rst one hundred thirty-three million dollars($133,000,000) in costs.
I (m)The Third District Court of Appeal, in In Re Quantification Settlement Agreement Cases (2011) 201 ,
Cal.App.4th 758 (QSA decision), ruled Ehat while the state was liable for covering mitigation costs above the
first one hundred thirty-three million doilars ($133,000,000), it was entirely up to the Legislature to appropriate
the money to pay for those costs pursuant to Article 16 of Section 7 of the California Constitution. I
(n) Given that LADWP will likely spend up to one biliion six hundred million dollars($1,600,000,000) to mitigate I
dust pollution resulting from its draining of Owens Lake,and the likelihood that mitigating dust pollution created
by the Salton Sea wilf be substantialiy more expensive because up to 135 square miles of lake bed wiil be
exposed as compared to oniy S00 square miles at Owens Lake, and the uncertainty of whether the state can be
' held Iiabie for covering mitigation costs given the QSA decision, it is the intent of the Legislature in enacting this
, part to develop a strategic plan for dealing with air pollution resulting from the QSA, including quantifying the
, extent of dust pollution, cataloging the chemicals likely to be present in the dust pollution including �,
dichlorodiphenyltrichloroethan or"DDT"from decades of agricultural runoff draining in the sea, and identifying ',
' additional funding mechanisms to pay for mitigation costs, including harvesting the renewable energy '
generating potential of the Salton Sea.
2951. Unless the context requires otherwise,as used i�this part,the following terms mean the following: ,
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Bill Text-AB-147 Environment: Salton Sea: dust mitigation. Page 3 of 4
'; (a)"Authority" means the Salton Sea Authority, a joint powers authority comprised of the County of Imperial, '
the County of Riverside, the Imperial Irrigation District, the Coachella Valiey Water District, and the Torres ,
i Martinez Desert Cahuilla Indian Tribe.
(b)°County"means either of the following: '.
(1)The County of Riverside.
(2)The County of Imperial.
(c)"Quantification Settiement AgreemenY' has the same meaning as defined in subdivision (a) of Section 1 of ,
Chapter 617 of the Statutes of 2002. '
(d)"Salton Sea Dust Mitigation Project" or "project" means a project to monitor and mitigate dust pollution '
created at the Salton Sea as a result of the Quantification Settlement Agreement. '
(e)"Secretary"means the Secretary of Natural Resources Agency. '
(f)"State board"means the State Air Resources Board. ',
(g)"Valley"means either of the foilowing: '
' (1)The Imperial Valley. ,
' (2)The Coachella Valley.
', 2952. (a) Upon the execution of an agreement with the Imperiai Air Quality Management District and the South i
', Coast Air Quality Management District, and for purposes of providing the necessary funding, the secretary, in '
I consultation and coordination with the state board and the authority,shall develop a strategic plan to guide the
', implementation of the Salton Sea Dust Mitigation Project. The strategic plan shall inciude, but is not limited to,
' ali of the following elements:
', (1)Quantification of current and projected exposed sea lake bed arising Prom the Quantificakion Settiement I
Agreement.
(2)Quantification of current and projected exposed sea lake bed arising from factors other than the
', Quantification Settlement Agreement.
', (3) Profile of Salton Sea lake bed aerosols,given chemicals that have historicaliy drained into tne sea from both i
' agricultural runoff and water coming from Mexico over the New River, including Dichlorodiphenyltrichloroethan '
� or"DDT." ,
, (4) Prioritization of mitigation measures that can be instituted at the sea to enable both valleys to meet
I Nationai Ambient Air Quality Standards for particulate matter. I
, (5)Identification and prioritization of funding streams that can be accessed or developed for purposes of paying '
, for dust mitigation measures at the sea, inciuding an analysis of how to best monetize the renewable energy I
' genereting potential of the Saiton Sea. �
I (b) To the extent permitted by law, the secretary, in consultation and coordination with the state board and the I
�I authority, may work with appropriate binational, federal, state, local, and nongovemmental organizations on ;
; both sides of the California-Mexico border to develop the strategic plan. ,
', (c) (1)To further the objectives of this part,the secretary, in consultation and coordination with the state board ,
' and the authority, may convene and oversee a technical advisory committee. The advisory committee shall I
advise the council regarding the necessary studies and activities to carry out the project, and shall serve at the
pleasure of the council.The advisory committee shail inciude representatives from the following:
; (A)Impacted cities and counties.
(B) Relevant local, regional,and state agencies and departments.
' (C)Nongovernmentai organizations. j
(D)Other stakeholders deemed necessary by the secretary, in consultation and coordination with the state '�
' board and the authority. '
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Bill Text-AB-147 Environment: Salton Sea: dust mitigation. Page 4 of 4
(2)The secretary, in consuitation and coordination with the state board a�d the authority, shall appoi�t the ;
! chair of the committee and may expand the membership and expertise of the committee as it deems necessary. ,
I (d)The secretary, in consultation and coordination with the state board and the authority, may enter into an ,:
, ag�eement, including an interagency agreement and memorendum of understanding, with public agencies, i
inciuding the county,to accept, manage,and expend funds for the implementation of this section. �
(e)This section does not modify existing roles, responsibilities, or liabilities of the State of Califomia, the ',
' County of Imperiai, the County of Riverside, or any other governmental agency, under the Quantification
' Settlement Agreement.
(f)The Salton Sea Dust Mitigation Project Account is hereby created in the Salton Sea Restoration Fund to
' receive moneys for activities related to the Saiton Sea Dust Mitigation Project from sources identified in
'; paragraph (5) of subdivision (a) and other sources. Upon appropriation by the legislature, moneys in the
� account shell be expended to mitigate dust poilution arising from the implementation of the Quantification
Settlement Agreement.
i _ _ _ _ __ _ __ _ ___ '
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Bill Text-AB-148 Renewable energy: Salton Sea. Page 1 of 3
�, � .—• '
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,irf"� LEGISLATIVE INFURMATION
AB-148 Renewabie energy:Salton Sea.�zois-zoia�
__ _ _ ___. _ _ __ _._ __ _ _ __ _ _
i
CALIFORNIA LEGISLATURE—2013-2014 REGULAR SESSION
' ASSEMBLY BILL No. 148 �I
iIntroduced by Assembly Member V. Manuel Perez '
i
I
7anuary 18, 2013
j ,
II An act to add Chapter 8.65 (commencing with Section 25752) to Division 15 of the
Public Resources Code, relating to renewable energy.
� I
;
� LEGISLATIVE COUNSEL'S DIGEST f,
I'� AB 148,as introduced,V. Manuel Perez. Renewable ener9Y: Salton Sea. ',
Existing law requires the State Energy Resources Conservation and Development Commission to administer the
�, Renewable Energy Resources Program to increase the amount of electricity generated by renewable electricity
� generation resources per year so that the amount equals at least 33% of total retail sales of electricity in
California by December 31, 2020. '
i I
i Existing law estabiishes the Salton Sea Restoretion Fund that is administered by the Director of Fish and Game '
� and, upon appropriation by the Legisiature, used for the restoration of the Salton Sea. ',
' This biil would require the Secretary of the Natural Resources Agency, in consuitation and coordination with the '
Salton Sea Authority, to establish a Salton Sea Renewabie Energy and Biofuel Research and Development
iProgram in the Salton Sea basin to meet high-priority economic and environmental goals by providing grants to ',
, facilitate research and the commerciai development of renewable energy and biofuel resources. The bili wouid
', further authorize the secretary, in consultation and coordination with the authority, to provide grants to eligible ,
research institutions and commerciai enterprises for research and demonstretion projects leading to the '
commercial development of the Salton Sea's vast renewable energy and biofuei resources. To be eligible tor a
grant, the bill wouid require a commercial enterprise for a demonstration project to agree to a royalty or other '�
revenue arrangement. The bill would require royalties and revenues received to be deposited into the Salton
Sea Restoration Fund. The bill would require the secretary by July 1, 2014, to initiate the rulemaking process
for the program and a process for the application, review,and issuance of grants. '
Vote: majority Appropriation: no Fiscal Committee: yes local Program: no
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: '
' SECTION 1.Chapter 8.65 (commencing with Section 25752) is added to Division 15 of the Public Resources
Code, to read:
CHAPTER 8.65.Salton Sea Renewable Energy and Biofuel Researoch and Development Program '
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Bill Text-AB-148 Renewable energy: Salton Sea. Page 2 of 3
�
25752.This act sMail be known, and may be cited, as the Salton Sea Renewable Energy and Biofuel Research ',
and Development Program.
, 25752.1.The legislature finds and deciares all of the following:
(a)The Salton Sea is California's largest lake, covering 365 square miles,and it serves as an important stop on ,
the annual Pacific Flyway migratory route, supporting over 400 species of birds and representing over twa
thirds of ail birds in the continental United States. i
(b) Until recently, the amount of water entering the Salton Sea was roughly balanced by the amount of water ;
evaporeting from its broad surface.
i
(c)In 2003,the Legislature enacted legislation implementing the Quantification Settlement Agreement(QSA), a
; water transfe� agreement between the Imperial Irrigation District and the San Diego Metropolitan Water
District,that represented the largest agriculture-to-urban water transfer in the history of the United States.
(d) Under the QSA, the state agreed to cover the cost of mitigating the effects of the water transfer on the
Salton Sea beyond the first one hundred thirty-three miliion dollars($133,000,000) in costs.
(e)According to an analysis by the Pacific Institute, by 2018, reduced water inflows to the sea wiil reduce the i
sea's depth by flive feet, resulting in the exposure of 26.5 square miles of currentiy submerged lake bed. By ,
; 2037,the sea's depth wiil drop by up to 27 feet, resuiting in the exposure of 134 square miles of lake bed.
' (�From 1913 to 1924, inclusive, a similar rural-to-urban water transfer occurred when the Los Angeles '�
Department of Water and Power (LADWP) began exporting water from Owens Lake to Los Angeles. After oniy �
' 11 years, LADWP had successfully drained all but a fraction of Owens Lake, exposing over 100 square miles of �
' lake bed.
' (g) For decades, the winds biowing across the exposed lake bed of Owens Lake eroded fine-grained sediments
' and salts, lofting them into the air, creating the single largest source of fugitive dust in the United States. I
(h) Since 1998, LADWP has spent one biilion two hundred million dollars ($1,200,000,000) to stem dust �
pollution in Owens Valley mainly by flooding a 40-square-mile area of exposed lake bed at a cost of 30 billion '�
; gallons of water a year. i
(i) In 2012, the State Air Resources Board upheld an additional order by the Great Basin Air District that '.
I required LADWP to flood an additionai three square miles of exposed lake bed at an estimated cost of four 'i
' hundred million dollars ($400,000,000). LADWP has appealed the state's order in federal court. ,
' (j)Considering that LADWP will likely spend up to one billion six hundred million doliars ($1,60�,000,000) to
mitigate dust pollution resuiting from its draining of Owens Lake, and the likelihood that mitigating dust
; pollution created by the Salton Sea will be substantially more expensive because up to 135 square miles of lake
, bed will be exposed as compared to only S00 square miles at Owens Lake. The creation of the Salton Sea
�', Renewable Energy and Biofuet Research and Development Program will enable the creation of a dedicated and
' continuous fundi�g stream to mitigate dust pollution resulting from the QSA. �
; (k)The creation of the Salton Sea Renewable Energy and Biofuel Research and Development Program will also
encourage the development of one of the state's largest sources of renewable energy and provide a significant
' source of future revenue for the restoration of the Salton Sea in the form of royalties or other revenue sharing ',
funds. '
! 25752.2.(a) For the purposes of this section,"Sa�ton Sea Authority"means the joint powers authority comprised
! of the County of Imperial, the County of Riverside, the Imperial Irrigation District, the Coachella Valley Water
District, and the Torres Martinez Desert Cahuilla Indian Tribe.
(b)The Secretary of the Natural Resources Agency, in consultation and coordination with the Salton Sea
Authority, shall establish a Salton Sea Renewable Energy and Biofuel Research and Development Program to '
meet high-priority economic and environmental goals by providing grants to facilitate research and the
commercial development af renewable energy and biofuel resources in the Salton Sea basin.
, (c)The secretary, in consultation and coordination with the Salton Sea Authority, may provide grants to eligible �i
', research institutions and commercial enterprises for research and development projects and demonstration
projects intended to lead to the commercial development of the Salton Sea's renewable energy and biofuel
resources pursuant to this section. The projects shall be sited within the Salton Sea basin, as designated by the �
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Bill Text-AB-148 Renewable energy: Salton Sea. Page 3 of 3
secretary. Demonstration projects by commercial enterprises and research institutions shall do ali of the
following: '
� (1)Improve air quality by reducing criteria and toxic air pollutants, including fine particulates originating from �
' the dry sea bed.
� (2)Improve water quality in the Salton Sea that will stabilize marine habitats for fish and migratory birds. '
(3) Present new options for the state's restoration plan of the Salton Sea.
(4) Demonstrete the scalability of renewable energy and biofuel resources at the Salton Sea, inciudin9 the
following:
� (A)Agricuitural algae cultivation and production.
� ,
(B)Geothermal resource extraction and associated byproducts. ',
i � ��
(C)Desalination technologies. j
' (D)Solar and wind development. ;
i � �'�
(5) Demonstrate the proposed project will have economic and job creating benefits for the Salton Sea basin. �
(d)The secretary shali initiate the rulemaking process for the Salton Sea Renewable Energy and Biofuel '
Research and Development Program and a process for the application, review, and issuance of grants under
; subdivision (c) no later than July 1, 2014. ,
,
i (e)A commercial enterprise, to be eligible for a grant under subdivision {c) for a demonstration project, shail ;
meet all of the following requirements: '
(1) Be incorporated as a business authorized to do business in the state. '
�, (2) Provide matching funds for the proposed project. ,
i
' (3)Certify use of state funds solely for the proposed project sited within the state. i
(4) Demonstrate the proposed project will have substantial environmental and economic benefits to the Salton
�
Sea basin region.
(5)Identify a customer or customers for the product to be developed.
(6)Agree to a royalty or other revenue sharing arrangement ensuring the state's ongoing financiai participation
! in commercially viable operations authorized under the Salton Sea Renewable Energy and Biofuel Research and �
i Development Program.
i
i (t�A research institution, to be eligibie for a grant under subdivision (c) for a research and development ,
project,shall meet ail of the foilowing requirements: ;
I '
; (1)Be a nonprofit or educationai research institution or consortium.
j (2) Provide matching funds for the proposed project.
� (3)Certify use of state funds solely for the proposed project sited within the state. '
� (4) Demonstrate how the proposed project wili help lead to the commercial development of the Salton Sea's
vast renewable energy and biofuei resources. �
', (5) Demonstrate the proposed project will have substantial environmentai and economic benefits to the Salton ',
; Sea basin region.
' (g) Royaities and revenues coilected by the state pursuant to paragraph (6) of subdivision (e) shali be
! deposited in the Salton Sea Restoration Fund.
__._ _ _ _ __ _ ._ __ _ ___ _ _ _ _
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Bill Text-AB-158 Solid waste: single-use carryout bags. Page 1 of 6
,�, � ,,!,l "'", .
� �c��c rl��iatr,
���r"'� LEGISLATIVE INF4RMATION
�
AB-158 Solid waste:single-use carryout bags. �zois-zoia�
__ __ _ .. _ __ __ _ _ __ _. .. _,
CAL�FORNIA LEGISLATURE—2013-2014 REGULAR SESSION ;
ASSEMBLY BILL No. 158
�
Introduced by Assembly Member Levine !
(Coauthor(s): Assembly Member Ammiano,Chesbro, Lowenthal) ',
I January 22,2013 ,
I' An act to add Chapter 5.3 (commencing with Section 42280) to Part 3 of Division
30 of, and to repeal Section 42289 of, the Public Resources Code, relating to solid ,
waste.
I', LEGISLATIVE COUNSEL'S DIGEST
� AB 158,as introduced, Levine. Solid waste: single-use carryout bags.
I, Existing law,until January 1, 2020, requires an operator of a store,as de�ined,to establish an at-store recyciing
, program that provides to customers the opportunity to return clean piastic carryout bags to that store.
'� With specified exceptions,this bill wouid; as of]anuary 1, 2015, prohibit stores that have a specified amount of
doliar sales or retail floor space from providing a single-use carryout bag to a customer. The biil would require
! these stores to meet other specified requirements regarding providing recycied paper bags, compostable bags,
or reusable bags to customers. ,
' The bill would also require these stores, on and after January 1, 2020,to provide a plastic bag coilection bin for
their customers,for the purpose of collecting and recycling single-use plastic bags and reusabie bags.
The bill would, on and after July 1, 2016, additionaliy impose these prohibitions and requirements on
convenience food stores, foodmarts, and certain other specified stores, except for the requirement to provide
plastic bag collection bins.
; The bill wouid, beginnirtg January 1, 2016, require a reusable grocery bag producer to submit to the
Department of Resources Recycling and Recovery a biennial certification, including a certification fee estabiished
� by the department, that certi�es that each type of reusable grocery bag that is imported, manufactured, sold,
or distributed in the state and provided to a store for sale or distribution meets specified requirements. The biU !
would require the department to deposit the certification fees into the Reusable Bag Account, which would be
established by the bi11 in the Integrated Waste Management Fund. The biil wouid require that moneys in the '
� account be expended by the department, upon appropriation by the Legislature, to impiement the certification
; requirements. A violation of these certification requirements would be subject to an administretive civil penalty
, assessed by the department. The department would be required to deposit these penalties into the Penalty
' �
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Subaccount, which the bill would create in the Reusable Bag Account, for expenditure by the department, upon '.
appropriation by the Legislature,to implement the certification requirements. ',
The biil would require the department, by January 1, 2017, to submit a report to the Legislature regarding the ,
implementation of the bill's provisions.The biil would repeal this report requirement on January 1, 2018. j
The bill would aliow a city,county,or city and county, or the state to impose civil penalties for a violation of the
bill's requirements, except for the certification requirements. The biil wouid require these civil penalties to be
', paid to the office of the city attorney, city prosecutor, district attorney, or Attorney General, whichever office '
brought the action, and would allow the penalties collected by the Attorney General to be expended by the
Attorney General, upon appropriation by the Legislature,to enforce the bill's provisions.
Vote: majority Appropriation: no Fiscal Committee: yes Local Program: no
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: :
' SECTION 1. Chapter 5.3 (commencing with Section 42280} is added to Part 3 of Division 30 of the Public ;
Resources Code,to read: I
CHAPTER 5.3.Single-use Carryout Bags
Article 1.Deflnitions '
42280. For purposes of this chapter,the following definitions shall apply: '
(a)"Department"means the Department of Resources Recycling and Recovery.
(b)"Postconsumer recycled material" means a material that would otherwise be destined for solid waste ',
disposal, having completed its intended end use and product life cycle. Postconsumer recycled material does not ',
', include materials and byproducts generated from, and commonly reused within, an original manufacturing and
fabrication process:
(c)"Recycled paper bag" means a paper carryout bag provided by a store to a customer at the point of sale '
' that meets all of the following requirements:
(1) (A) Except as provided in subparagraph (B), the paper carryout bag contains a minimum of 40 percent
postconsumer recycled materials.
, (B)An eight pound or smaller recycled paper bag shall contain a minimum of 20 percent postconsumer recycled ,
materiaL ,
(2) Is accepted for recycling in curbside programs in a majority of households that have access to curbside
recycling programs in the state.
I (3)Is capable of composting, consistent with the timeline and specifications of the American Society of Testing ,
and Materials(ASTM)Standard Specification for Compostable Plastics D6400. ,
1 � ��
(4)Has printed on the bag the name of the manufacturer, the location (country) where the bag was
manufactured,and the minimum percentage of postconsumer content. I
i
(d) (1)"Reusable grocery bag"on or before June 30, 2016, means either of the following:
(A)A bag made of cloth or other machine washable fabric that has handles. ,
(B)A durable plastic bag with handles that is at least 2.25 mils thick and specifically designed for multiple
reuses.
' (2)"Reusable grocery bag" on and after July 1, 2016, means a bag that meets the requirements of Section '
, 42287.
', (e)"Reusable grocery bag producer"means a person or entity that does any of the following: '
(1) Manufactures reusable grocery bags for sale or distribution to a store.
' (2)Imports reusable grocery bags into this state,for sale or distribution to a store,
' (3)Sells or distributes reusable bags to a store.
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Bill Text-AB-158 Solid waste: single-use carryout bags. Page 3 of 6
{� (1)"Single-use carryout ba9" means a bag made of piastic, paper, or other material, that is provided by a ',
store to a customer at the point of sale and that is not a reusabie grocery bag that meets the requirements of !
Sedion 42287, on and after July 1, 2016, and paragraph (1) of subdivision (d) of this section on or before]une '
��, 30, 2016. �
(2)A single-use carryout bag does not include either of the following:
(A)A bag provided by a pharmacy pursuant to Chapter 9 (commencing with Section 4000) of Division 2 of the
Business and Professions Code to a customer purchasing a prescription medication.
(B)A nonhandled bag used to protect a purchased item from damaging or contaminating other purchased items
' when piaced in a recycled paper bag or reusable grocery bag. ,
; (g)"Store"means a retaii establishment that meets any of the following requirements �;
(1)A fuil-line, self-service retail store with gross annual sales of two miliion dollars ($2,000,000), or more, and '
; which selis a line of dry grocery, canned goods, or nonfood items and some perishable items.
i
(2)Has at least 10,000 square feet of retail space that generates sales or use tax pursuant to the Bredley-
Burns Uniform Local Sa1es and Use Tax Law (Part 1.5 (commencing with Section 7200) of Division 2 of the
Revenue and Taxation Code) and has a pharmacy licensed pursuant to Chapter 9 (commencing with Section '
' 4000)of Division 2 of the Business and Professions Code.
�
{3)Is a convenience food store, foodmart, or other entity that is engaged in the retail sale of a limited line of
! goods, generelly inciuding milk, bread, soda, and snack foods, and that holds a Type 20 or Type 21 license
issued by the Department of Aicoholic Beverage Control.
' Article 2.Carryout Bag Regulation
�
; 42287.(a) Except as provided in Section 42282, the requirements of this section appiy only to a store, as ;
I defined in paragraph (1)or(2) of subdivisio� (g)of Section 42280. �
i
; (b) (1)On and after January 1, 2015, a store shall not provide a single-use carryout bag to a customer at the
! point of sale,except as provided in this section.
i
(2)On January 1, 2015, until June 30, 2016, a store may provide to a customer a reusable grocery bag, as '
; defined in paragraph (1)of subdivision (d)of Section 42280,
(3)On and aRer July 1, 2016, a store shail only provide to a customer a reusable grocery bag, as defined in
�
'. paragraph (2)of subdivision (d)of Section 42280, that meets the requirements of Section 42287.
i
; (c)A store shall make reusable grocery bags available for purchase by a customer.
(d) Notwithstanding any other law, on and after January 1, 2015, a store shail provide a customer participating
! in the California Special Supplementai Food Program for Women, Infants, and Children pursuant to Article 2
, (commencing with Section 123275) of Chapter 1 of Part 2 of Division 106 of the Health and Safety Code and a
customer participating in the Suppiemental Food Program pursuant to Chapter 10 (commencing with Section ',
' 15500) of Part 3 of Division 9 of the Welfare and Institutions Code, with a reusabie grocery bag or a recycled '
' paper bag at no cost at the point of sate. ',
, (e) Notwithstanding subdivision (b), a store may make available for purchase at the point of sale a recycled
paper bag. '
�
(f� Notwithstanding subdivision (b), a store may make available for purchase at the point of sale a compostabie '
bag,that at a minimum meets the American Society for Testing and Materials(ASTM)Standard Specification for
' Compostable Plastics D6400, if both of the following requirements are met in the jurisdidion where the
compostable bag is sold:
(1)A majority of the residential households in the jurisdiction have access to curbside collection of foodwaste
, for composting.
(2)The governing authority for the jurisdiction has voted to allow stores in the jurisdiction to sell to a consumer
at the point of sale a cornpostable bag at a cost not less than the actuai cost of the bags. ;
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42282.On and after]uly 1, 2016, a store, as defined in paragraph (3) of subdivision (g) of Section 42280, shall
compiy with the same requirements of this article that are imposed upon a store,as defined in paragraph (1)or '
(2)of subdivision(g)of Section 42880.
Article 3.Plastic Bag Coliectfon ',
42283.(a) (1)On and after January 1, 2020, a store, as defined in paragraphs (1) and (2) of subdivision (g) of
Section 42280, shall place a plastic bag coUection bin at the store in a manner that is visible and easily '
, accessible to the customer, and that is clearly marked to notify customers that the collection bin is available for
the purpose of collection and recycling of plastic single-use carryout bags and plastic reusable bags. '�
{2)The requirement of this subdivision shall apply to a store notwithstanding that the store is prohibited from ',
� providing single-use carryout bags to its customers.
(b)All plastic bags collected by the store shall be coflected, transported, and recyded in a manner that does not ,
conflict with the local jurisdiction's source reduction and recycling element, pursuant to Chapter 2 (commencing
I with Section 41000)and Chapter 3 (commencing with Section 41300)of Part 2. '
ARicle 4.Reusable Grocery Bags '
j 42287. (a)On and after July 1, 2016, a reusabie grocery bag shall meet all of the following requirements:
' (1) (A) Be designed and manufactured to withstand,at a minimum, 125 uses.
' (B) For purposes of this paragraph, "125 uses" means the capability of carrying a minimum of 22 pounds 125 ;
� times over a distance of at least 175 feet '
(2)Is machine washable or made from a material that can be cieaned and disinfected.
(3) Have printed on the bag, or on a tag attached to the bag that is not intended to be removed, and in a
, manner visible to the consumer the following information:
' (A)The name of the manufacturer. ;
(B)The location (country) where the bag was manufactured.
(C)A recyciing symbol or end-of-life management instructions. ',
� (D)The percentage of postconsumer recycied material, if any. '
(4)It shall not contain lead, cadmium, or any other heavy metal in toxic amounts. This requirement shall not
' affect any authority of the Department of Toxic Substances Control pursuant to Article 14 (commencing with
; Section 25251)of Chapter 6.5 of Division 20 of the Health and Safety Code and, notwithstanding subdivision (c)
of Section 25257.1 of the Health and Safety Code, the reusable grocery bag shall not be considered as a ,
� product category aiready regulated or subject to regulation. ,
' (5)If the reusable grocery bag producer makes a ciaim that it is recyclabie, the producer shall demonstrate
compiiance with the regulations adopted by the Federei Trade Commission.
{b)In addition to the requirements in subdivision (a), a reusable grocery bag made from plastic shall meet all
of the following requirements: '
(1)On and after July 1, 2017, be made from a minimum of 20 percent postconsumer recycled material, except ;
as provided in subdivision (d). ,
' (2)In addition to the information required to be printed on the bag or on a tag, pursuant to paragraph (3) of
, subdivision (a), all of the following information shali be printed on the bag, or on a tag that compiies with that ',
paragraph: '
(A)A statement that the bag is a reusable bag and designed for at least 125 uses.
; (B)Instructions to retum the bag to the store for recycling or to another appropriate recycling location.
j (c)A plastic reusable grocery bag that also meets the specifications of the American Society of Testing and
, Materiais (ASTM) Standard Specification for Compostable Plastics D6400, as published in September 2004, is ;
not required to meet the requirements of paragraph (1) of subdivision (b), but shall be labeled in accordance
; with the appiicable state law regarding compostable plastics. ,
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Bill Text-AB-158 Solid waste: single-use carryout bags. Page 5 of 6
' (d)(1)If a plastic reusable grocery bag producer is unabie to obtain sufficient amounts of postconsumer '
recycied material to comply with this article within a reporting period because of unavailability, the producer
shall demonstrate to the department the actions taken by that piastic reusabie grocery bag producer to find ;
that postconsumer recycled rnateriaL ',
(2)A plastic reusable grocery bag producer making the demonstration in paragraph (1) shall make a reasonable
, effort to identify availabie supplies of postconsumer recycled material before submitting a certification
', containing this information to the department pursuant to Section 42288. ;
(3)A plastic reusable grocery bag producer that makes a demonstration pursuant to paragraph (1)shall include
' the greatest amount of postconsumer recycled material possible in the reusable grocery bag, even if this
� amount is less than required by paragraph (1) of subdivision (b) and shail indicate the percentage that is ���
; postconsumer recycled materiai. ',
, 42288. (a)On or before January 1, 2016, a�d on January 1 every two years thereafter on a schedule and in a '
' manner determined by the department, a reusable grocery bag producer shall submit a certi�cation to the ;
, department for each type of reusable grocery bag that is manufactured, imported, sold, or distributed in the
i state and provided to a store for sale or distribution that meets the requirements of Section 42287. '
(b)A reusable grocery bag producer shall submit a fee, as established pursuant to subdivision (e), to the '
I department with each certification submitted. '
(c)The department shall provide a system to submit certiflications online.
�
(d)On and after)uly 1, 2016, the department shall publish a list on its Internet Web site that includes both of ',
I the following: ,
' (1)The name, location, and appropriate contact information of a reusable grocery bag producer that is in
compliance with this article.
{2)The reusable grocery bags that are in compliance with this article.
' (e)The department shail establish a certification fee schedule that wili generate fee revenues sufficient to cover i
! all of the department's costs to enforce this article. Fee revenues shall not exceed the amount necessary to
cover the department's reasonable costs to enforce this article.
� (f)The department may inspect and audit a reusable bag producer subject to this articie with ali costs ',
associated with the audit being paid for by the reusabie grocery bag producer. ',
(g)The department may test any reusabie bag manufactured by a reusabie bag producer and provided to a ,
store for sale or distribution for compliance with this article and the re9ulations adopted pursuant to this artide. '
Ii (h)The department may enter into an agreement with other state entities that conduct inspections to provide
necessary enforcement of this article. '
(i) Notwithstanding Section 42289.5, any violation of this article shall be subject to an administrative civil
penalty assessed by the department in an amount not to exceed five hundred doilars ($500) for the first I
', violation. A subsequent violation may be subject to an increased penalty of up to five hundred dollars ($500)
�, per violation, not to exceed five thousand dollars($5,000) par violation.
' (j)The department shall deposit all certification fees paid pursuant to this article into the Reusable Bag Account,
! which is hereby created in the Integrated Waste Ma�agement Fund in the State Treasury. The moneys
'; deposited in the Reusabie Bag Account shali be expended by the department, upon appropriation by the '
I Legislature,to assist the department with its costs of impiementing this article. ;
, (k)The department shali deposit ali penalties coilected pursuant to subdivision (i) for a violation of this article '
into the Penalty Subaccount, which is hereby created in the Reusable Bag Account. The moneys in the Penaity
Subaccount shall be expended by the department, upon appropriation by the Legislature, to assist the
department with its costs of implementing this article.
Article 5.Reporting Requirements
42289. (a) On or before January 1, 2017,the department shall submit a report to the Legislature in accordance
with Section 9795 of the Government Code, regarding the effectiveness of this chapter and recommendations
, for statutory changes to increase effectiveness,which shall include all of the foliowing:
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Bill Text- AB-158 Solid waste: single-use carryout bags. Page 6 of 6
' (1)A compilation of state cleanup data to evaluate pollution reduction. '
(2) Recommendations to further encourage the use of reusable grocery bags by customers and stores. '
(3)An evaluation of the requirements for reusable bags specified in Section 42287. ,
(4) Distribution of recycled paper bags.
(5)Number and type of violations.
(b)The department shall coordinate with other state and local a9encies in compiling this report to maximize ,
existing efforts and resources in the areas of litter reduction,water quality, and environmental protection. �
(c) Pursuant to Section 110231.5 of the Government Code,this section is repealed on January 1, 2018. ,
Artfcle 6.Enforcement
42289.5. (a)A city, a county, a city and county, or the state may impose civil liability in the amount of five ,
' hundred doilars ($500) for the flrst violation of this chapter, one thousand dollars ($1,000) for the second '
; violation,and two thousand doilars($2,000)for the third and subsequent violations. ',
' (b)Any civil penalties collected pursuant to subdivision (a) shail be paid to the office of the city attorney, city �
�
prosecutor, district attorney, or Attorney General, whichever o�ce brought the action. The penalties collected I
pursuant to this section by the Attorney Generel may be expended by the Attorney General, upon appropriation
by the Legislature,to enforce this chapter.
(c)This section does not apply to a violation of Article 4(commencing with Section 42287).
__ ___ _ _. __ _ _ ___ _ _ __ _. _
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Bill Text- SB-21 University of California: UC Riverside Medical School: funding. Page 1 of 1
� �'�'-� �`�' �' '
« � <�►������,
���!''�"�' LEGISI,ATIVE INFORMATION
;
SB-21 University of California: UC Riverside Medical School:fundiny.�zoi3-zoia>
_ _ ___ _._. _._. _.._. _ _. _._ __ ___
AMENDED IN SENATE MARCH18,2013
i ;
' CALIFORNIA LEGISLATURE—2013-2014 REGULAR SESSION i
SENATE BILL No. 21
�
� �
, Introduced by Senator Roth ��
' !
December 03, 2012
An act relating to the University of California, making an appropriation therefor, ,
' and declaring the urgency thereof, to take effect immediately. '
' LEGISLATIVE COUNSEL'S DIGEST �
j I
; SB 21,as amended, Roth. University of California: UC Riverside Medical School: funding. '�
i
i Existing provisions of the California Constitution establish the University of California as a public trust under the
i administration of the Regents of the University of California. The University of California system includes 10 i
i campuses, which are located in Berkeley, Davis, Irvine, Los Angeles, Merced, Riverside, San Diego, San ,
� Francisco,Santa Barbara,and Santa Cruz.
This biil would annuaNy appropriate $15,000,000 from the General Fund to the Regents of the University of �
� California for ailocation, , to the School of Medicine at the University of California, '
j
Riverside. I
�' This bill would declare that it is to take effect immediately as an urgency statute.
li Vote: 2/3 Appropriation: yes Fiscal Committee: yes Local Program: no
� THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1.The sum of fifteen miilion doliars ($15,000,000) is hereby appropriated annua/ly from the General '
'� Fund to the Regents of the University of California for allocation, ' , to the School of '
; Medicine at the University of California, Riverside.
i
� SEC. 2.This act is an urgency statute necessa.ry for the immediate preservation of the public peace, health, or
; safety within the meaning of Article IV of the Constitution and shail go into immediate effect. The facts
constituting the necessity are:
! I� order to provide crucial funding to lau�ch the vital health care mission of the School of Medicine at the
� University of California, Riverside, it is necessary that this act take effect immediately. '
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Bill Text- AB-158 Solid waste: single-use carryout bags. Page 1 of 6
� � �� � .
�<lll' C�t�,�l;tCl.
�itt"` � LEGISLATIVE INFORMATION
AB-15S Solid waste:sinyle-use carryout ba9s.(Zois-Zoia�
_ ___ ___ . __ _ __ __ __ __. _ _ _,
; I
ICALIFORNIA LEGISLATURE—2013-2014 REGULAR SESSION
I ASSEMBLY BILL No. 158 ',
� ,
�
Introduced by Assembly Member Levine ;
(Coauthor(s): Assembly Member Ammiano,Chesbro, Lowenthal)
I� )anuary 22,2013 ,
An act to add Chapter 5.3 (commencing with Section 42280) to Part 3 of Division ',
30 of, and to repeal Section 42289 of, the Public Resources Code, relating to solid
waste.
I LEGISLATIVE COUNSEL'S DIGEST I
I '
� AB 158,as introduced, Levine. Solid waste: single-use carryout bags.
;
Existing law,until]anuary 1, 2020, requires an operator of a store,as defined,to establish a�at-store recycling '
I program that provides to customers the opportunity to return clean piastic carryout bags to that store. ',
� With specified exceptions, this biii would, as of January 1, 2015, prohibit stores that have a specified amount of
i dollar sales or retail floor space from providing a single-use carryout bag to a customer. The biil would require j
; these stores to meet other specified requirements regarding providing recycled paper bags, compostable bags, '
or reusable bags to customers.
The bill would also require these stores, on and after lanuary 1, 2020,to provide a plastic bag collection bin for
; their customers,for the purpose of collecting and recycling single-use plastic bags and reusable bags.
i The bill would, on and after ]uly 1, 2016, additionally impose these prohibitions and requirements on
convenience food stores, foodmarts, and certain other specified stores, except for the requirement to provide
plastic bag collection bins.
The bill would, beginning January 1, 2016, require a reusabte grocery bag producer to submit to the
Department of Resources Recycling and Recovery a biennial certification, including a certification fee established I
by the department, that certifies that each type of reusable grocery bag that is imported, manufactured, sold,
or distributed in the state and provided to a store for sale or distribution meets specified requirements. The bill
would require the department to deposit the certification fees into the Reusable Bag Account, which would be
established by the biU in the Integrated Waste Management Fund. The bill would require that moneys in the
account be expended by the department, upon appropriation by the Legislature, to implement the certiFcation
requirements. A violation of these certification requirements would be subject to an administrative civil penalty ',
assessed by the department. The department would be required to deposit these penalties into the Penalty
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Bill Text-AB-158 Solid waste: single-use carryout bags. Page 2 of 6
I Subaccount, which the bili wouid create in the Reusable Bag Account, for expenditure by the department, upon
appropriation by the Legislature,to implement the certification requirements.
' �
, The bili would require the department, by January 1, 2017, to submit a report to the Legislature rega�ding the ,
', implementation of the biil's provisions.The biil would repeal this report requirement on)anuary 1, 2018. ',
! The bill would ailow a city, county,or city and county, or the state to impose civil penalties for a violation of the '
bill's requirements, except for the certification requirements. The bili would require these civil penalties to be
paid to the office of the city attomey, city prosecutor, district attomey, or Attorney General, whichever office
i brought the action, and would allow the penalties collected by the Attorney General to be expended by the ,
Attorney Ge�eral, upon appropriation by the Legisiature,to enforce the bill's provisions. ',
Vote: majority Appropriation: no Fiscal Committee: yes Local Program: no
; THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
, SECTION 1.Chapter 5.3 (commencing with Section 42280) is added to Part 3 of Division 30 of the Public '
' Resources Code,to read: ,
', CHAPTER 5.3.Single-use Carryout Bags
Article 1.Deftnitions '
i 42280. For purposes of this chapter,the foliowing definitions shali apply:
(a)"DepartmenY'means the Department of Resources Recycling and Recovery. '
' (b)"Postconsumer recycled material" means a material that would otherwise be destined for so�id waste
disposai, having compieted its intended end use and product life cycle. Postconsumer recycled material does not
include materials and byproducts generated from, and tommonly reused within, an original manufacturing and
fabrication process.
(c)"Recycled paper bag" means a paper carryout bag provided by a store to a customer at the point of sale ,
that meets all of the following requirements:
�, (1) (A) Except as provided in subparagraph (B}, the paper carryout bag contains a minimum of 40 percent
' postconsumer recycled materials. '
�I (B)An eight pound or smaller recycled paper bag shail contain a minimum of 20 percent postconsumer recycled
' materiaL '
, (2) Is accepted for recyciing in curbside programs in a majority of households that have access to curbside '
' recycling programs in the state.
', (3)Is capable of composting, consistent with the timeline and speci�cations of the American Society of Testing ',
' and Materials(ASTM)Standard Specification for Compostable Plastics D6400. '
�
(4) Has printed on the bag the name of the manufacturer, the location (country) where the bag was
; manufactured, and the minimum percentage of postconsumer content.
', (d)(1)"Reusabie grocery bag"on or before June 30, 2016, means either of the following:
'; (A)A bag made of cioth or other machine washable fabric that has handles.
I (B)A durable plastic bag with handles that is at least 2.25 mils thick and specifically designed for muttiple '
reuses.
(2)"Reusable grocery bag" on and after luly 1, 2016, means a bag that meets the requirements of Section
42287.
; (e)"Reusabte grocery bag producer"means a person or entity that does any of the following:
(1) Manutactures reusable grocery bags for sale or distribution to a store.
(2) Imports reusable grocery bags into this state,for sale or distribution to a store.
(3)Sells or distributes reusable bags to a store.
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(f) (1)"Single-use carryout bag" means a bag made of plastic, paper, or other material, that is provided by a '
store to a customer at the point of sale and that is not a reusable grocery bag that meets the requirements of '
Section 42287, on and after July 1, 2016, and paragraph (1)of subdivision (d) of this section on or before June
30, 2016.
(2)A single-use carryout bag does not include either of the following: ;
, (A)A bag provided by a pharmacy pursuant to Chapter 9 (commencing with Section 4000) of Division 2 of the
' Business and Professions Code to a customer purchasing a prescription medication.
; (B)A nonhandled bag used to protect a purchased item from damaging or contaminating other purchased items
', when placed in a recycled paper bag or reusable grocery bag. ',
; (g)'�Store"means a retail establishment that meets any of the following requirements:
i
i, (1)A fuil-line, seif-service retaii store with gross annual sales of two million dollars ($2,000,000), or more, and
which selis a line of dry grocery, canned goods,or nonfood items and some perishable items. ,
' (2)Has at least 10,000 square feet of retail space that generates sales or use tax pursuant to the eradley-
i Burns Uniform Locai Sales and Use Tax Law (Part 1.5 (commencing with Section 7200) of Division 2 of the
Revenue and Taxation Code) and has a pharmacy licensed pursuant to Chapter 9 (commencing with Section
� 4000)of Division 2 of the Business and Professions Code. ,
(3)Is a convenience food store, foodmart, or other entity that is engaged in the retail sale of a limited line of ,
goods, generaliy including miik, bread, soda, and snack foods, and that holds a Type 20 or Type 21 license ,
i issued by the Department of Alcoholic Beverage ControL ',
! Article 2.Carryout Bag Regulation ��
42281.(a) Except as provided in Section 42282, the requirements of this section appiy only to a store, as '
defined in paragraph (1)or(2)of subdivision (g) of Section 42280.
(b) (1)On and after)anuary 1, 2015, a store shall not provide a single-use carryout bag to a customer at the
; point of sale,except as provided in this section.
(2)On )anuary 1, 2015, untii June 30, 2016, a store may provide to a customer a reusable grocery bag, as �
; defined in paragraph (1)of subdivision(d)of Section 42280. '
' (3)On and after July 1, 2016, a store shall oniy provide to a customer a reusable grocery bag, as defined in '
, paragraph (2)of subdivision(d)of Section 42280,that meets the requirements of Section 42287. '
I (c)A store shall make reusable grocery bags available for purchase by a customer.
,I
�
(d)Notwithstanding any other law, on and after]anuary 1, 2015, a store shall provide a customer participating
i in the California Speciai Suppiemental Food Program for Women, infants, and Children pursuant to Article 2
j (commencing with Section 123275)of Chapter 1 of Part 2 of Division 306 of the Health and Safety Code and a
customer participating in the Supplemental Food Program pursuant to Chapter 10 (commencing with Section ',
15500) of Part 3 of Division 9 of the Welfare and Institutions Code, with a reusabie grocery bag or a recycled
paper bag at no cost at the point of sale.
(e) Notwithstanding subdivision (b), a store may make available for purchase at the point of sale a recycled
paperbag.
(� Notwithstanding subdivision (b), a store may make availabie for purchase at the point of sale a compostable '
' bag,that at a minimum meets the American Society for Testing and Materials(ASTM)Standard Specification for
Compostable Plastics D6400, if both of the following requirements are met in the jurisdiction where the
', compostabie bag is sold:
' (1)A majority of the residential households in the jurisdiction have access to curbside coliection of foodwaste '
, for composting.
(2)The governing authority for the jurisdiction has voted to ailow stores in the jurisdiction to sell to a consumer
at the point of sale a compostable bag at a cost not less than the actual cost of the bags.
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42282.On and after July 1, 2016, a store, as defined in paragraph (3) of subdivision (g) of Section 42280, shall '
comply with the same requirements of this article that are imposed upon a store,as defined in paragraph(1)or ',
(2)of subdivision(g)of Section 42880.
Article 3.Plastic Bag Collection
, 42283.(a) (1)On and after January 1, 2020, a store, as defined in paragraphs (1) and (2) of subdivision {g) of '
, Section 42280, shail place a plastic bag coliection bin at the store in a manner that is visible and easily
', accessible to the customer,and that is ciearly marked to notify customers that the collection bin is available for '
the purpose of collection and recycling of plastic single-use carryout bags and plastic reusable bags.
(2)The requirement of this subdivision shali apply to a store notwithstanding that the store is prohibited from ,
, providing single-use carryout bags to its customers.
(b)All plastic bags collected by the store shali be coflected, transported, and recycled in a manner that does not '
conflict with the local jurisdiction's source reduction and recycting element, pursuant to Chapter 2 (commencing ',
with Section 41000)and Chapter 3 (commencing with Section 41300)of Part 2. I
Article 4.Reusable Grocery Bags
42287. (a)On and after)uly 1, 2016,a reusable grocery bag shall meet all of the following requirements:
' (1) (A) Be designed and manufadured to withstand,at a minimum, 125 uses. '
(B) For purposes of this paragraph, "125 uses" means the capability of carrying a minimum of 22 pounds 125 '
� times over a distance of at least 175 feet.
(2)Is machine washabie or made from a material that can be cleaned and disinfected.
(3) Have printed on the bag, or on a tag attached to the bag that is not intended to be removed, and in a '
, manner visible to the consumer the foliowing information:
', (A)The name of the manufacturer. ,
' (B)The location (country)where the bag was manufactured.
I (C)A recycling symbol or end-of-life management instruttions. ',
(D)The percentage of postconsumer recycled material, if any. '
(4)It shall not contain lead, cadmium, or any other heavy metal in toxic amounts. This requirement shall not
, affect any authority of the Department of Toxic Substances Control pursuant to Articie 14 (commencing with
, Section 25251)of Chapter 6.5 of Division 20 of the Health and Safety Code and, notwithstanding subdivision (c)
of Section 25257.1 of the Health and Safety Code, the reusable grocery bag shall not be considered as a
' product category already regulated or subject to regulation.
(5)If the reusable grocery bag producer makes a claim that it is recyclable, the producer shall demonstrate
compliance with the regulations adopted by the Federal Trede Commission. ',
; (b)In addition to the requirements in subdivision (a), a reusable grocery bag made from plastic shall meet all '
of the following requirements:
(1)On and after)uly 1, 2017, be made from a minimum of 20 percent postconsumer recycled material, except
; as provided in subdivision (d).
(2)In addition to the information required to be printed on the bag or on a tag, pursuant to paragraph (3) of I
subdivision (a), all of the foilowing information shail be printed on the bag, or on a tag that compiies with that '
paragraph: '
(A)A statement that the bag is a reusable bag and designed for at least 125 uses.
', (B)Instructions to retum the bag to the store for recycling or to another appropriate recyciing location.
(c)A plastic reusable grocery bag that also meets the specifications of the American Society of Testing and ,
', Materials (ASTM) Standard Specification for Compostable Plastics D6400, as published in September 2004, is
' not required to meet the requirements of paragraph (1) of subdivision (b), but shall be labeled in accordance
' with the applicable state law regarding compostable plastics. '
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Bill Text- AB-158 Solid waste: single-use carryout bags. Page 5 of 6
, (d) (1)if a plastic reusable grocery bag producer is unabie to obtain sufficient amounts of postconsumer
�' recycled material to comply with this article within a reporting period because of unavailability, the producer
' shall demonstrate to the department the actions taken by that piastic reusable grocery bag producer to find ,
' that postconsumer recycled material. '
�! '
(2)A plastic reusable grocery bag producer making the demonstretion in paregraph (1)shall make a reasonable I
j effort to identify available supplies of postconsumer recycled material before submitting a certification
containing this information to the department pursuant to Section 42288.
(3)A plastic reusable grocery bag producer that makes a demonstration pursuant to paragraph (1)shali inciude
the greatest amount of postconsumer recycled material possible in the reusable grocery bag, even if this '
' amount is less than required by paregraph (1) of subdivision (b) and shaii indicate the percentage that is
postconsumer recycied material.
42288.(a)On or before January 1, 2016, and on January 1 every two years thereafter on a schedule and in a
manner determined by the department, a reusable grocery bag producer shell submit a certification to the
j department for each type of reusable grocery bag that is manufactured, imported, sold, or distributed in the I
�, state and provided to a store for sale or distribution that meets the requirements of Section 42287. I
� (b)A reusabie grocery bag producer shall submit a fee, as established pursuant to subdivision (e), to the
,
� department with each certification submitted. ,
, (c)The department shall provide a system to submit certi�cations oniine.
(d) On and after Juty 1, 2016, the department shail pubiish a list on its Internet Web site that includes both of ,
the following: '
(1)The name, location, and appropriate contact information of a reusable grocery bag producer that is in
compliance with this article. '
{2)The reusable grocery bags that are in compliance with this article. ,
i (e)The department shall establish a certification fee schedule that will generate fee revenues sufficient to cover
all of the department's costs to enforce this article. Fee revenues shall not exceed the amount necessary to
cover the department's reasonable costs to enforce this article.
(f)The department may inspect and audit a reusable bag producer subject to this article with ail costs
i associated with the audit being paid for by the reusable grocery bag producer.
(g)The department may test any reusable bag manufactured by a reusabie bag producer and provided to a
'• store for sale or distribution for compliance with this article and the regulations adopted pursuant to this article.
� (h)The department may enter into an agreement with other state entities that condud inspections to provide
! necessary enforcement of this article. .
� (i) Notwithstanding Section 42289.5, any violation of this articie shall be subject to an administrative civil '
! penalty assessed by the department in an amount not to exceed five hundred dollars ($500) for the first '
i
violation. A subsequent violation may be subject to an increased penalty of up to five hundred doliars ($500) ',
per violation, not to exceed five thousand doliars($5,000) per violation. '
(j)The department shall deposit all certification fees paid pursuant to this article into the Reusable Bag Account,
� which is hereby created in the Integrated Waste Management Fund in the State Treasury. The moneys
' deposited in the Reusable Bag Account shall be expended by the department, upon appropriation by the
Legisiature,to assist the department with its costs of implementing this article. '
(k)The department shall deposit ali penalties collected pursuant to subdivision (i) for a violation of this article
into the Penalty Subaccount, which is hereby created in the Reusable Bag Account. The moneys in the Penalty ,
Subaccount shall be expended by the department, upon appropriation by the Legisiature, to assist the '
department with its costs of implementing this article.
� ARicle 5.RepoRing Requirements ���
i
42288.(a)On or before January 1, 2017, the department shail submit a report to the Legislature in accordance
' with Section 9795 of the Govemment Code, regarding the effectiveness of this chapter and recommendations
for statutory changes to increase effectiveness, which shall inciude all of the following:
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; (1)A compilation of state cieanup data to evaluate pollution reduction. '
(2) Recommendations to further encourage the use of reusable grocery bags by customers and stores.
, (3)An evaluation of the requirements for reusable bags specified in Section 42287.
', (4)Distribution of recycled paper bags. '
', (5) Number and type of violations.
(b)The department shall coordinate with other state and locai agencies in compiling this report to maximize
existing efforts and resources in the areas of litter reduction,water quality, and environmentai protection. '
(c) Pursuant to Section 110231.5 of the Government Code,this section is repealed on January 1, 2018.
j
�� Article 6.Enforcement '
42289.5. (a)A city, a county, a city and county, or the state may impose civil liability in the amount of five ',
hundred dollars ($500) for the first violation of this chapter, one thousand dollars ($1,000) for the second '
violation,and two thousand dollars($2,000)for the third and subsequent violations.
(b)Any civii penalties collected pursuant to subdivision (a) shall be paid to the office of the city attorney, city
, prosecutor, district attorney, or Attorney General, whichever office brought the action. The penalties collected
' pursuant to this section by the Attorney General may be expended by the Attorney Generai, upon appropriation '
by the Legislature,to enforce this chapter.
(c)This section does not apply to a violation of Articie 4 (commencing with Section 42287). '
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