BILL NUMBER: AB 2071	CHAPTERED
	BILL TEXT

	CHAPTER  570
	FILED WITH SECRETARY OF STATE  SEPTEMBER 29, 2008
	APPROVED BY GOVERNOR  SEPTEMBER 29, 2008
	PASSED THE SENATE  AUGUST 20, 2008
	PASSED THE ASSEMBLY  AUGUST 28, 2008
	AMENDED IN SENATE  AUGUST 14, 2008
	AMENDED IN SENATE  AUGUST 11, 2008
	AMENDED IN SENATE  AUGUST 5, 2008
	AMENDED IN SENATE  JUNE 12, 2008

INTRODUCED BY   Assembly Member Karnette

                        FEBRUARY 19, 2008

   An act to add Sections 42358 and 42359.8 to the Public Resources
Code, relating to solid waste.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2071, Karnette. Plastic bags: plastic food and beverage
containers: enforcement.
   Existing law prohibits a person from selling a plastic bag or a
plastic food or beverage container in this state that is labeled with
the term "compostable," "biodegradable," "degradable," or any form
of those terms, or in any way that implies that the plastic bag or
plastic food or beverage container will break down in a landfill,
composting, marine, or other natural terrestrial environment, unless,
at the time of the sale, the plastic bag or plastic food or beverage
container meets specified standards for the term used on the label.
Existing law also requires a manufacturer or supplier of plastic bags
or plastic food or beverage containers, upon the request of a member
of the public, to submit to that member, within 90 days of the
request, specified information and documentation relating to the
manufacturer's or supplier's compliance with that labeling
requirement.
   This bill would authorize a city, a county, or the state to impose
civil liability, in specified amounts, for violations of the above
provisions and would require any civil penalties collected to be paid
to the office of the city attorney, city prosecutor, district
attorney, or Attorney General, whichever office brought the action.
The bill would authorize any penalties collected by the Attorney
General to be expended by the Attorney General, upon appropriation by
the Legislature, to enforce those provisions. This bill would
provide that the remedies are not exclusive and are in addition to
the remedies that may be available pursuant to prescribed enforcement
provisions of the Unfair Practices Act. The bill would require any
costs incurred by a state agency in carrying out the above provisions
to be recoverable by the Attorney General, upon the request of the
state agency, from the liable person or persons.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 42358 is added to the Public Resources Code, to
read:
   42358.  (a) A city, a 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
any subsequent violation.
   (b) Any civil 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 General, upon
appropriation by the Legislature, to enforce this chapter.
   (c) The remedies provided by this section are not exclusive and
are in addition to the remedies that may be available pursuant to
Sections 17200 to 17210, inclusive, of the Business and Professions
Code.
   (d) Any costs incurred by a state agency in carrying out this
chapter shall be recoverable by the Attorney General, upon the
request of the agency, from the liable person or persons.
  SEC. 2.  Section 42359.8 is added to the Public Resources Code, to
read:
   42359.8.  (a) A city, a 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
any subsequent violation.
   (b) Any civil 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 General, upon
appropriation by the Legislature, to enforce this chapter.
   (c) The remedies provided by this section are not exclusive and
are in addition to the remedies that may be available pursuant to
Sections 17200 to 17210, inclusive, of the Business and Professions
Code.
   (d) Any costs incurred by a state agency in carrying out this
chapter shall be recoverable by the Attorney General, upon the
request of the state agency, from the liable person or persons.