AB 686,
as amended, Quirk. begin deleteHazardous waste: pharmaceutical facilities. end deletebegin insertAlcoholic beverages:end insertbegin insert sales: distilled spirits.end insert
The Alcoholic Beverage Control Act contains various provisions regulating the application for, the issuance of, the suspension of, and the conditions imposed upon, alcoholic beverage licenses by the Department of Alcoholic Beverage Control. The act permits the holder of a manufacturer’s license to sell alcoholic beverages to specified licensed parties only and not to the general public. The act provides that a violation of its provisions is a misdemeanor, unless otherwise specified.
end insertbegin insertThis bill would authorize distilled spirits manufacturers to sell general merchandise, food, nonalcoholic beverages, and distilled spirits to consumers for consumption on the licensed premises where sold. Because the violation of a provision of a license is punishable as a misdemeanor and the bill would broaden the range of activities a distilled spirits manufacturer’s license authorizes, the bill would expand the definition of an existing crime, thereby imposing a state-mandated local program.
end insertbegin insertThe 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.
end insertbegin insertThis bill would provide that no reimbursement is required by this act for a specified reason.
end insertExisting law requires hazardous waste facilities, including, but not limited to, treatment facilities, to operate under hazardous waste facilities permits or other grants of authorization issued by the Department of Toxic Substances Control. Existing law exempts pharmaceutical neutralization activities from certain requirements of the hazardous waste control laws and certain regulations adopted pursuant to that law if specified conditions are met with regard to the pharmaceutical manufacturing or process development activities, including the management of air emissions and wastes generated as a result of those activities.
end deleteThis bill would require the department, by January 1, 2016, to develop recommendations for standards and guidelines for the operation of onsite waste management and recycling of hazardous waste at facilities engaged in pharmaceutical manufacturing or pharmaceutical process development. The department would be required, by January 1, 2016, to submit a report to the Legislature on those recommendations, including any recommended statutory and regulatory actions needed to assure the safe and efficient management of waste from pharmaceutical manufacturing or pharmaceutical process development activities. The bill would repeal this report requirement on January 1, 2019.
end deleteVote: majority.
Appropriation: no.
Fiscal committee: yes.
State-mandated local program: begin deleteno end deletebegin insertyesend insert.
The people of the State of California do enact as follows:
begin insertSection 23363.4 is added to the end insertbegin insertBusiness and
2Professions Codeend insertbegin insert, to read:end insert
(a) A distilled spirits manufacturer, notwithstanding
4any other provision of this division, may sell general merchandise,
P3 1food, nonalcoholic beverages, and distilled spirits to consumers
2for consumption on the licensed premises where sold.
3(b) The Legislature finds that it is necessary and proper to
4require a separation between manufacturing interests, wholesale
5interests, and retail interests in the production and distribution of
6alcoholic beverages in order to prevent suppliers from dominating
7local markets through vertical integration and to prevent excessive
8sales of alcoholic beverages produced by overly aggressive
9marketing techniques. The Legislature further finds that the
10exception established by this
section to the general prohibition
11against tied interests shall be limited to its express terms so as not
12to undermine the general prohibition, and intends that this section
13be construed accordingly.
No reimbursement is required by this act pursuant to
15Section 6 of Article XIII B of the California Constitution because
16the only costs that may be incurred by a local agency or school
17district will be incurred because this act creates a new crime or
18infraction, eliminates a crime or infraction, or changes the penalty
19for a crime or infraction, within the meaning of Section 17556 of
20the Government Code, or changes the definition of a crime within
21the meaning of Section 6 of Article XIII B of the California
22Constitution.
Section 25201.18 is added to the Health and
24Safety Code, to read:
(a) On or before January 1, 2016, the department
26shall develop recommendations for standards and guidelines for
27the operation of onsite hazardous waste management and recycling
28activities at facilities engaged in pharmaceutical manufacturing or
29pharmaceutical process development. The recommendations shall
30consider, but are not limited to, all of the following:
31(1) Actions to reduce the production and offsite disposal of
32hazardous waste from pharmaceutical manufacturing operations.
33(2) Actions to provide incentives to reduce greenhouse gas
34emissions through increased energy efficiency.
35(3) Recommended permit conditions or other requirements for
36onsite waste management within a pharmaceutical manufacturing
37facility to ensure the protection of public health and the
38environment and that recognize the unique federal and state
39requirements that apply to pharmaceutical manufacturing.
P4 1(b) On or before January 1, 2016, the department shall submit
2a report to the Legislature in compliance with Section 9795 of the
3Government Code on the recommendations developed pursuant
4to subdivision (a), including any recommended statutory and
5regulatory actions needed to
assure the safe and efficient
6management of hazardous waste from pharmaceutical
7manufacturing or pharmaceutical process development activities.
8(c) This section shall remain in effect only until January 1, 2019,
9pursuant to Section 10231.5 of the Government Code and as of
10that date is repealed, unless a later enacted statute, that is enacted
11before January 1, 2019, deletes or extends that date.
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