Amended in Senate April 21, 2014

Amended in Senate April 2, 2014

Senate Bill No. 1194

Introduced by Senator Hueso

February 20, 2014

An act to add Section 42358.1 to the Public Resources Code, relating to solid waste.

LEGISLATIVE COUNSEL’S DIGEST

SB 1194, as amended, Hueso. Solid waste: plastic products.

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.

This bill would require each manufacturer begin delete and wholesaler end delete of plastic products begin insert , as defined, end insert to begin delete establish end delete begin insert include specified information in either end insert an Internet Web site that is available to the public begin delete 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. end delete begin insert or as part of a specified annual report, with regard to whether the manufacturer has established a sustainability policy or has established or implemented goals to reuse, recover, and reduce the use of plastic. end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

SECTION 1.  

Section 42358.1 is added to the Public Resources
Code, to read:

42358.1.  

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

(1) “Manufacturer” means a person who manufactures plastic
products for sale in this state begin insert and whose annual aggregate gross
proceeds is not less than one hundred million dollars
($100,000,000) end insert .

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

begin delete

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

end delete

(b) Each manufacturer begin delete and wholesaler end delete shall begin delete 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. end delete begin insert include all
of the following information in a report that is posted on an Internet
Web site that is available to the public or as part of the report
required by Section 1501 of the Corporations Code: end insert

begin insert

(1) Whether the manufacturer has adopted a sustainability
policy, and if so, the elements of that policy.

end insert begin insert

(2) Whether the manufacturer has established goals to reuse,
recover, and reduce the use of plastic in its products, and if so, a
description of those goals.

end insert begin insert

(3) If the manufacturer has implemented goals to reuse, recover,
and reduce the use of plastic in its products as part of a
sustainability policy, its progress in meeting those goals.

end insert