BILL NUMBER: AB 2336 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 9, 2012
INTRODUCED BY Assembly Member Mansoor
FEBRUARY 24, 2012
An act to amend Section Sections
42357 and 42358 of, and to add Section 42357.2 to, the
Public Resources Code, relating to recycling.
LEGISLATIVE COUNSEL'S DIGEST
AB 2336, as amended, Mansoor. Plastic products: labeling.
(1) Existing
Existing law, as of January 1, 2013, prohibits the sale
of a plastic product, including plastic bags, labeled as
"compostable," "home compostable," or "marine degradable" unless it
meets certain specifications, 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, and imposes certain labeling requirements upon a
manufacturer of a compostable plastic bag. Prior to January 1, 2013,
existing law imposed those prohibitions on plastic bags and plastic
food or beverage containers. Existing law provides for the imposition
by a city, a county, or the state of a civil penalty for a
violation of those prohibitions.
This bill would prohibit a person from being subject to
an enforcement action instead prohibit a manufacturer
from selling a plastic product that does not meet those labeling
requirements. The bill would delete the authority of a city or county
to impose a civil penalty for a violation of those provisions. The
bill would prohibit a civil penalty or other liability from being
assessed, and would prohibit an action to enforce the labeling
requirements from being commenced, continue d, or
maintained, unless the action is preceded by a written
notice and the person is given an opportunity of not less than 30
days to remedy the violation. The bill would apply this prohibition
to assessments and actions to enforce labeling requirements
pursuant to the provisions regulating the labeling of plastic
products on and after January 1, 2013, or plastic bags before that
date, if the person manufacturing the plastic product submits an
action plan to the department, city, or county and the plan is
approved, as specified. The bill would provide that the action plan
may allow the sale of a plastic product that is not in compliance
until a date specified in the action plan. The bill would require the
department, city, or county to approve the action plan within a
specified time and the person would be required to agree to comply
with the labeling requirements on or after the date specified in the
action plan.
The person submitting the plan would be required to include a fee
to reimburse the department, city, or county for its reasonable costs
in reviewing the action plan. The department would be authorized to
expend the fees, upon appropriation by the Legislature, to implement
this section.
(2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 42357 of the Public Resources Code, as added by
Section 1 of Chapter 594 of the Statutes of 2011, is amended to
read:
42357. (a) (1) Except as provided in paragraph (3) and
Section 42357.2 , a person
manufacturer 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 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
manufacturer 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) and Section 42357.2, a
person manufacturer 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.
SEC. 2. Section 42357.2 is added to the Public Resources Code, to
read:
42357.2. (a) A
person shall not be subject to an enforcement
action pursuant to this chapter, or A civil penalty or
other liability shall not be assessed under former Chapter 5.7
(commencing with Section 42355), as it read on January 1, 2012,
if the person submits an action plan to the department,
city, or county that is approved pursuant to this section. The action
plan may allow the sale of a plastic product that is not in
compliance with this chapter, or former Chapter 5.7 (commencing with
Section 42355), as it read on January 1, 2012, until a date specified
in the action plan and an action to enforce those
provisions shall not be initiated, commenced, continued, or
maintained, unless the action is preceded by a written notice of
violation by certified mail, with return receipt requested, and the
person is given an opportunity of not less than 30 days after receipt
of the notice to remedy the violation .
(b) The department, city, or county shall approve the action
plan, or give a reason for its disapproval, within 60 days after the
plan is submitted.
(c) A person shall agree to comply with the requirements imposed
pursuant to this chapter with regard to all plastic products
manufactured on or after the date specified in the action plan.
(d) Notwithstanding subdivision (a) and Section 42357, a person
who fails to comply with an approved action plan may be subject to
enforcement action pursuant to this chapter or former Chapter 5.7
(commencing with Section 42355), as it read on January 1, 2012.
(e) A person submitting an action plan shall include a fee to
reimburse the department, city, or county for its reasonable costs in
reviewing the action plan, in the amount set by that agency
reviewing the action plan. The department may expend the fees
collected by the department pursuant to this subdivision, upon
appropriation by the Legislature, to implement this section.
SEC. 3. Section 42358 of the Public
Resources Code , as added by Section 1 of Chapter 594
of the Statutes of 2011, is amended to read:
42358. (a) A city, a county, or the state
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 and
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
Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of
the Business and Professions Code.
(d) The 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.
(e) A civil penalty or other liability shall not be assessed under
this section, and an action to enforce this chapter shall not be
commenced, continued, or maintained, unless the action is preceded by
a written notice of violation by certified mail, with return receipt
requested, and the person is given an opportunity of not less than
30 days after receipt of the notice to remedy the violation.
SEC. 3. No reimbursement is required by this
act pursuant to Section 6 of Article XIII B of the California
Constitution because a local agency or school district has the
authority to levy service charges, fees, or assessments sufficient to
pay for the program or level of service mandated by this act, within
the meaning of Section 17556 of the Government Code.