Amended in Senate April 2, 2014

Senate BillNo. 1194


Introduced by Senator Hueso

February 20, 2014


An actbegin delete relating to ocean resources.end deletebegin insert to add Section 42358.1 to the Public Resources Code, relating to solid waste.end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 1194, as amended, Hueso. begin deleteOcean resources: pollution: plastic. end deletebegin insertSolid waste: plastic products.end insert

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Existing law prohibits the sale of a plastic product labeled as “compostable,” “home compostable,” or “marine degradable” unless it meets a certain specification, certification, or standard, and prohibits the sale of a plastic product that is labeled as “biodegradable,” “degradable,” “decomposable,” or as otherwise specified. The term “plastic product” is defined for purposes of these prohibitions, and local agencies and the state are authorized to impose civil liability for a violation of those requirements.

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This bill would require each manufacturer and wholesaler of plastic products to establish an Internet Web site that is available to the public and that provides information regarding the annual amount, by pound and type, of plastic products that are imported, manufactured, recycled, or reused in this state by that manufacturer or wholesaler.

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Existing law establishes the Ocean Protection Council and requires the council to, among other things, coordinate activities of state agencies that are related to the protection and conservation of coastal waters and ocean ecosystems to improve the effectiveness of state efforts to protect ocean resources.

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The Watershed, Clean Beaches, and Water Quality Act, among other things, authorizes the State Water Resources Control Board to provide financial support for projects that restore and protect the water quality and environment of marine managed areas, as defined.

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This bill would state the intent of the Legislature to enact legislation that would reduce plastic debris in the marine environment, reduce financial burdens in that regard, and provide resources for local pollution prevention and infrastructure projects.

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Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insertSECTION 1.end insert  

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begin insertSection 42358.1 is added to the end insertbegin insertPublic Resources
2Code
end insert
begin insert, to read:end insert

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3

begin insert42358.1.end insert  

(a) For purposes of this section, the following
4definitions shall apply:

5(1) “Manufacturer” means a person who manufactures plastic
6products for sale in this state.

7(2) “Sale” means the sale of a plastic product in a transaction
8that is not a retail sale, as defined in Section 6007 of the Revenue
9and Taxation Code.

10(3) “Wholesaler” means a person that purchases a plastic
11product for sale in this state.

12(b) Each manufacturer and wholesaler shall establish an
13Internet Web site that is available to the public and that provides
14information regarding the annual amount, by pound and type, of
15plastic products that are imported, manufactured, recycled, or
16reused in this state by that manufacturer or wholesaler.

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17

SECTION 1.  

It is the intent of the Legislature to enact
18legislation that would do all of the following:

19(a) Protect California’s coastline and the marine waters of the
20state by significantly reducing plastic debris in the marine
21environment due to activities in the state.

22(b) Reduce the financial burden on local governments, taxpayers,
23and regional water quality control boards in implementing ocean
24plastic debris prevention infrastructure and activities.

25(c) Support the state’s economy by providing resources for local
26pollution prevention and infrastructure projects.

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