BILL NUMBER: SB 509 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 16, 2013
INTRODUCED BY Senator DeSaulnier
FEBRUARY 21, 2013
An act to amend Section 42357 of the Public Resources
Code, relating to recycling add Section 1043 to the
Government Code, relating to health care coverage, making an
appropriation therefor, and declaring the urgency thereof, to take
effect immediately .
LEGISLATIVE COUNSEL'S DIGEST
SB 509, as amended, DeSaulnier. Plastic products:
labeling California Health Benefit Exchange:
background checks.
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.
This 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.
This bill would declare that it is to take effect immediately as
an urgency statute.
Existing 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.
This bill would make a technical nonsubstantive change to those
provisions.
Vote: majority 2/3 . Appropriation:
no yes . Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1043 is added to the
Government Code , to read:
1043. (a) The executive board of the California Health Benefit
Exchange may require, and may submit to the Department of Justice,
fingerprint images and related information required by the Department
of Justice of all employees, prospective employees, contractors,
subcontractors, volunteers, or vendors for the purposes of obtaining
information as to the existence and content of a record of state or
federal convictions and also information as to the existence and
content of a record of state or federal arrests for which the
Department of Justice establishes that the person is free on bail or
on his or her recognizance pending trial or appeal.
(b) The Department of Justice shall forward to the Federal Bureau
of Investigation requests for federal summary criminal history
information received pursuant to subdivision (a). The Department of
Justice shall review the information returned from the Federal Bureau
of Investigation and compile and disseminate a response to the
board.
(c) The Department of Justice shall provide a state or federal
level response to the board pursuant to paragraph (1) of subdivision
(p) of Section 11105 of the Penal Code.
(d) The board shall request from the Department of Justice
subsequent notification service, as provided pursuant to Section
11105.2 of the Penal Code, for persons listed in subdivision (a).
(e) The Department of Justice shall charge a fee sufficient to
cover the cost of processing requests pursuant to this section.
SEC. 2. This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
In order to be operational to begin preenrollment in the fall of
2013, the California Health Benefit Exchange has already begun the
process of recruiting staff for its service center. The California
Health Benefit Exchange will also be contracting with community-based
organizations that will employ in-person assisters. Fingerprinting
and background checks will be needed as a condition of employment and
certification. For these reasons, it is necessary for this act to
take effect immediately.
SECTION 1. Section 42357 of the Public
Resources Code is amended to read:
42357. (a) (1) Except as provided in paragraph (3), a person
shall not sell a plastic product in this state that is labeled with
the term "compostable," "home compostable," or "marine degradable"
unless, at the time of sale, the plastic product meets the applicable
ASTM standard specification, as specified in paragraph (1) of
subdivision (b) of Section 42356 or the Vincotte OK Compost HOME
certification, as provided in paragraph (4).
(2) Compliance with only a section of, or a portion of a section
of, an applicable ASTM standard specification does not constitute
compliance with paragraph (1).
(3) Notwithstanding paragraph (1), a person may sell a plastic
product in this state that is labeled with a qualified claim for a
term specified in paragraph (1), if the plastic product meets the
relevant standard adopted by the department pursuant to Section
42356.2.
(4) (A) A plastic product shall not be labeled with the term "home
compostable" unless the manufacturer of that plastic product holds a
Vincotte OK Compost HOME certificate of conformity with regard to
that product, except as provided in subparagraph (B) or (C).
(B) Notwithstanding paragraph (1), if the ASTM adopts a standard
specification for the term "home compostable" on or before January 1,
2016, and the department determines that the ASTM standard
specification is at least equal to, or more stringent than, the OK
Compost HOME certification, a plastic product labeled with the term
"home compostable" shall meet that ASTM standard specification. The
department may also take the actions specified in Section 42356.1
with regard to an ASTM standard for home compostability.
(C) If the department adopts a standard pursuant to Section
42356.2, a plastic product labeled with the term "home compostable"
shall meet that standard and not the standard specified in
subparagraph (A) or (B).
(b) Except as provided in subdivision (a), a person shall not sell
a plastic product in this state that is labeled with the term
"biodegradable," "degradable," or "decomposable," or any form of
those terms, or in any way imply that the plastic product will break
down, fragment, biodegrade, or decompose in a landfill or other
environment.
(c) A manufacturer or supplier, upon the request of a member of
the public, shall submit to that member, within 90 days of the
request, information and documentation demonstrating compliance with
this chapter, in a format that is easy to understand and
scientifically accurate.
(d) A product that is in compliance with this chapter shall not,
solely as a result of that compliance, be deemed to be in compliance
with any other applicable marketing requirement or guideline
established under state law or by the Federal Trade Commission.