SB 509,
as amended, DeSaulnier. begin deletePlastic products: labeling end deletebegin insertCalifornia Health Benefit Exchange: background checks.end insert
Under the federal Patient Protection and Affordable Care Act (PPACA), each state is required, by January 1, 2014, to establish an American Health Benefit Exchange that makes available qualified health plans to qualified individuals and small employers. Existing state law establishes the California Health Benefit Exchange (Exchange) within state government, specifies the powers and duties of the executive board governing the Exchange, and requires the board to facilitate the purchase of qualified health plans through the Exchange by qualified individuals and small employers by January 1, 2014. Existing law creates the California Health Trust Fund as a continuously appropriated fund for the administrative and operational expenses of the Exchange.
end insertbegin insertThis bill would authorize the board to require, and to submit to the Department of Justice, fingerprint images and related information of employees, prospective employees, contractors, subcontractors, volunteers, or vendors for the purposes of obtaining prescribed criminal history information. The bill would require the department to forward to the Federal Bureau of Investigation (FBI) requests for federal summary criminal history information, and would require the department to review the information returned from the FBI and compile and disseminate a response to the board. The bill would require the department to charge a fee sufficient to cover the costs of processing requests pursuant to the bill. The bill, by expanding the purposes for which the moneys in the fund would be spent, would make an appropriation.
end insertbegin insertThis bill would declare that it is to take effect immediately as an urgency statute.
end insertExisting law prohibits the sale of a plastic product, including plastic bags, labeled as “compostable,” “home compostable,” or “marine degradable” unless it meets certain specifications or certifications, or a standard adopted by the Department of Resources Recycling and Recovery. Existing law also prohibits the sale of a plastic product that is labeled as “biodegradable,” “degradable,” “decomposable,” or as otherwise specified.
end deleteThis bill would make a technical nonsubstantive change to those provisions.
end deleteVote: begin deletemajority end deletebegin insert2⁄3end insert.
Appropriation: begin deleteno end deletebegin insertyesend insert.
Fiscal committee: begin deleteno end deletebegin insertyesend insert.
State-mandated local program: no.
The people of the State of California do enact as follows:
begin insertSection 1043 is added to the end insertbegin insertGovernment Codeend insertbegin insert,
2to read:end insert
(a) The executive board of the California Health Benefit
4Exchange may require, and may submit to the Department of
5Justice, fingerprint images and related information required by
6the Department of Justice of all employees, prospective employees,
7contractors, subcontractors, volunteers, or vendors for the
8purposes of obtaining information as to the existence and content
9of a record of state or federal convictions and also information as
10to the existence and content of a record of state or federal arrests
11for which the Department of Justice establishes that the person is
12free on bail or on his or her recognizance pending trial or appeal.
13(b) The Department of Justice shall forward to the Federal
14Bureau of Investigation
requests for federal summary criminal
15history information received pursuant to subdivision (a). The
16Department of Justice shall review the information returned from
P3 1the Federal Bureau of Investigation and compile and disseminate
2a response to the board.
3(c) The Department of Justice shall provide a state or federal
4level response to the board pursuant to paragraph (1) of
5subdivision (p) of Section 11105 of the Penal Code.
6(d) The board shall request from the Department of Justice
7subsequent notification service, as provided pursuant to Section
811105.2 of the Penal Code, for persons listed in subdivision (a).
9(e) The Department of Justice shall charge a fee sufficient to
10cover the cost of processing requests pursuant to this section.
This act is an urgency statute necessary for the
12immediate preservation of the public peace, health, or safety within
13the meaning of Article IV of the Constitution and shall go into
14immediate effect. The facts constituting the necessity are:
15In order to be operational to begin preenrollment in the fall of
162013, the California Health Benefit Exchange has already begun
17the process of recruiting staff for its service center. The California
18Health Benefit Exchange will also be contracting with
19community-based organizations that will employ in-person
20
assisters. Fingerprinting and background checks will be needed
21as a condition of employment and certification. For these reasons,
22it is necessary for this act to take effect immediately.
Section 42357 of the Public Resources Code is
24amended to read:
(a) (1) Except as provided in paragraph (3), a person
26shall not sell a plastic product in this state that is labeled with the
27term “compostable,” “home compostable,” or “marine degradable”
28unless, at the time of sale, the plastic product meets the applicable
29ASTM standard specification, as specified in paragraph (1) of
30subdivision (b) of Section 42356 or the Vincotte OK Compost
31HOME certification, as provided in paragraph (4).
32(2) Compliance with only a section of, or a portion of a section
33of, an applicable ASTM standard
specification does not constitute
34compliance with paragraph (1).
35(3) Notwithstanding paragraph (1), a person may sell a plastic
36product in this state that is labeled with a qualified claim for a term
37specified in paragraph (1), if the plastic product meets the relevant
38standard adopted by the department pursuant to Section 42356.2.
39(4) (A) A plastic product shall not be labeled with the term
40“home compostable” unless the manufacturer of that plastic product
P4 1holds a Vincotte OK Compost HOME certificate of conformity
2with regard to that product, except as provided in subparagraph
3(B) or (C).
4(B) Notwithstanding paragraph (1), if the ASTM adopts a
5standard specification for the term “home compostable” on or
6before January 1, 2016, and the department determines that the
7ASTM standard specification
is at least equal to, or more stringent
8than, the OK Compost HOME certification, a plastic product
9labeled with the term “home compostable” shall meet that ASTM
10standard specification. The department may also take the actions
11specified in Section 42356.1 with regard to an ASTM standard for
12home compostability.
13(C) If the department adopts a standard pursuant to Section
1442356.2, a plastic product labeled with the term “home
15compostable” shall meet that standard and not the standard
16specified in subparagraph (A) or (B).
17(b) Except as provided in subdivision (a), a person shall not sell
18a plastic product in this state that is labeled with the term
19“biodegradable,” “degradable,” or “decomposable,” or any form
20of those terms, or in any way imply that the plastic product will
21break down, fragment, biodegrade, or decompose in a landfill or
22other environment.
23(c) A manufacturer or supplier, upon the request of a member
24of the public, shall submit to that member, within 90 days of the
25request, information and documentation demonstrating compliance
26with this chapter, in a format that is easy to understand and
27scientifically accurate.
28(d) A product that is in compliance with this chapter shall not,
29solely as a result of that compliance, be deemed to be in compliance
30with any other applicable marketing requirement or guideline
31established under state law or by the Federal Trade Commission.
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