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1 | + | Amended IN Assembly March 19, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 353Introduced by Assembly Member MuratsuchiFebruary 04, 2019 An act to amend Section 3150 42370.4 of the Public Resources Code, relating to oil and gas. solid waste.LEGISLATIVE COUNSEL'S DIGESTAB 353, as amended, Muratsuchi. Oil and gas: definitions: additive. Food service facilities: food service packaging: state-owned facilities, state property, and state agency contracts.The Sustainable Packaging for the State of California Act of 2018 prohibits a food service facility located in a state-owned facility, operating on or acting as a concessionaire on state property, or under contract to provide food service to a state agency from dispensing prepared food using a type of food service packaging unless the type of food service packaging is on a list that the Department of Resources Recycling and Recovery publishes and maintains on its internet website that contains types of approved food service packaging that are reusable, recyclable, or compostable. This bill would specify that a food service facility is prohibited from dispensing prepared food using a type of food service packaging that is not on the departments published list only at a state-owned facility, on state property, or pursuant to a contract with a state agency, as applicable.Under existing law, the Division of Oil, Gas, and Geothermal Resources in the Department of Conservation regulates the drilling, operation, maintenance, and abandonment of oil and gas wells in the state. Existing law defines various terms for those purposes, including additive.This bill would make a nonsubstantive change to that definition.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 42370.4 of the Public Resources Code is amended to read:42370.4. (a) On and after the date the list of approved types of food service packaging is published pursuant to Section 42370.3, and except as provided in subdivision (b), a food service facility shall not dispense prepared food at a state-owned facility, on state property, or pursuant to a contract with a state agency, as applicable based on the facts that bring the food service facility within the definition of food service facility in subdivision (b) of Section 42370.1, using food service packaging unless the type of food service packaging is on that list.(b) A food service facility may use food service packaging that is not on the list maintained and updated by the department pursuant to Section 42370.3 under any of the following circumstances:(1) The food service facility possessed that specific inventory of food service packaging before the date the list was published.(2) The food service facility possessed that specific inventory of food service packaging before the list maintained pursuant to Section 42370.3 was updated to remove the type of food service packaging and the type of food service packaging was on the list when the food service facility took possession of the food service packaging.(3) The food service facility acquired that specific inventory of food service packaging pursuant to a contract entered into before the date the list was published.(4) The food service facility acquired that specific inventory of food service packaging pursuant to a contract entered into before the list maintained pursuant to Section 42370.3 was updated to remove the type of food service packaging and the type of food service packaging was on the list when the food service facility entered into the contract.(c) For a contract that is subject to this section and that is entered into, renewed, or updated after the date the list was published, the food service facility shall be responsible for ensuring that the food service packaging subject to the contract is in compliance with this section.SECTION 1.Section 3150 of the Public Resources Code is amended to read:3150.Additive means a substance or combination of substances added to a base fluid for purposes of preparing well stimulation treatment fluid that includes, but is not limited to, an acid stimulation treatment fluid or a hydraulic fracturing fluid. An additive may, but is not required to, serve additional purposes beyond the transmission of hydraulic pressure to the geologic formation. An additive may be of any phase and includes proppants. | |
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3 | - | ||
3 | + | Amended IN Assembly March 19, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 353Introduced by Assembly Member MuratsuchiFebruary 04, 2019 An act to amend Section 3150 42370.4 of the Public Resources Code, relating to oil and gas. solid waste.LEGISLATIVE COUNSEL'S DIGESTAB 353, as amended, Muratsuchi. Oil and gas: definitions: additive. Food service facilities: food service packaging: state-owned facilities, state property, and state agency contracts.The Sustainable Packaging for the State of California Act of 2018 prohibits a food service facility located in a state-owned facility, operating on or acting as a concessionaire on state property, or under contract to provide food service to a state agency from dispensing prepared food using a type of food service packaging unless the type of food service packaging is on a list that the Department of Resources Recycling and Recovery publishes and maintains on its internet website that contains types of approved food service packaging that are reusable, recyclable, or compostable. This bill would specify that a food service facility is prohibited from dispensing prepared food using a type of food service packaging that is not on the departments published list only at a state-owned facility, on state property, or pursuant to a contract with a state agency, as applicable.Under existing law, the Division of Oil, Gas, and Geothermal Resources in the Department of Conservation regulates the drilling, operation, maintenance, and abandonment of oil and gas wells in the state. Existing law defines various terms for those purposes, including additive.This bill would make a nonsubstantive change to that definition.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO | |
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5 | - | ||
5 | + | Amended IN Assembly March 19, 2019 | |
6 | 6 | ||
7 | - | Amended IN Senate May 26, 2020 | |
8 | 7 | Amended IN Assembly March 19, 2019 | |
9 | 8 | ||
10 | 9 | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION | |
11 | 10 | ||
12 | - | ||
11 | + | Assembly Bill No. 353 | |
13 | 12 | ||
14 | - | ||
13 | + | Introduced by Assembly Member MuratsuchiFebruary 04, 2019 | |
15 | 14 | ||
16 | - | Introduced by Assembly Member Muratsuchi(Principal coauthor: Senator Allen)February 04, 2019 | |
17 | - | ||
18 | - | Introduced by Assembly Member Muratsuchi(Principal coauthor: Senator Allen) | |
15 | + | Introduced by Assembly Member Muratsuchi | |
19 | 16 | February 04, 2019 | |
20 | 17 | ||
21 | - | An act to amend Section 42370.4 of the Public Resources Code, relating to solid waste. | |
18 | + | An act to amend Section 3150 42370.4 of the Public Resources Code, relating to oil and gas. solid waste. | |
22 | 19 | ||
23 | 20 | LEGISLATIVE COUNSEL'S DIGEST | |
24 | 21 | ||
25 | 22 | ## LEGISLATIVE COUNSEL'S DIGEST | |
26 | 23 | ||
27 | - | AB 353, as amended, Muratsuchi. Food service facilities: food service packaging: state-owned facilities, state property, and state agency contracts. | |
24 | + | AB 353, as amended, Muratsuchi. Oil and gas: definitions: additive. Food service facilities: food service packaging: state-owned facilities, state property, and state agency contracts. | |
28 | 25 | ||
29 | - | Under existing law, the State Water Resources Control Board and the 9 California regional water quality control boards regulate water quality in accordance with the Porter-Cologne Water Quality Control Act and the federal Clean Water Act. Under the Porter-Cologne Water Quality Control Act, the state board is required to adopt specified state policies with respect to water quality as it relates to the coastal marine environment, including a policy requiring new or expanded coastal powerplants and other industrial installations using seawater for cooling, heating, or industrial processing to use the best available site, design, technology, and mitigation measures feasible to minimize the intake and mortality of all forms of marine life. Pursuant to that policy, the state board has adopted a policy to phase out once-through cooling for powerplants. This bill would prohibit the state board from granting an operator of a powerplant additional time for complying with the once-through cooling policy adopted by the state board if the powerplant is situated on a site containing coastal wetlands, as specified, and a local agency, nonprofit organization, or nongovernmental land conservation organization has been awarded a grant on or before January 1, 2020, for the purposes of acquiring all or a portion of the site of the powerplant to develop parklands and restore wetlands.This bill would declare that it is to take effect immediately as an urgency statute.The Sustainable Packaging for the State of California Act of 2018 prohibits a food service facility located in a state-owned facility, operating on or acting as a concessionaire on state property, or under contract to provide food service to a state agency from dispensing prepared food using a type of food service packaging unless the type of food service packaging is on a list that the Department of Resources Recycling and Recovery publishes and maintains on its internet website that contains types of approved food service packaging that are reusable, recyclable, or compostable. This bill would specify that a food service facility is prohibited from dispensing prepared food using a type of food service packaging that is not on the departments published list only at a state-owned facility, on state property, or pursuant to a contract with a state agency, as applicable. | |
30 | - | ||
31 | - | Under existing law, the State Water Resources Control Board and the 9 California regional water quality control boards regulate water quality in accordance with the Porter-Cologne Water Quality Control Act and the federal Clean Water Act. Under the Porter-Cologne Water Quality Control Act, the state board is required to adopt specified state policies with respect to water quality as it relates to the coastal marine environment, including a policy requiring new or expanded coastal powerplants and other industrial installations using seawater for cooling, heating, or industrial processing to use the best available site, design, technology, and mitigation measures feasible to minimize the intake and mortality of all forms of marine life. Pursuant to that policy, the state board has adopted a policy to phase out once-through cooling for powerplants. | |
32 | - | ||
33 | - | This bill would prohibit the state board from granting an operator of a powerplant additional time for complying with the once-through cooling policy adopted by the state board if the powerplant is situated on a site containing coastal wetlands, as specified, and a local agency, nonprofit organization, or nongovernmental land conservation organization has been awarded a grant on or before January 1, 2020, for the purposes of acquiring all or a portion of the site of the powerplant to develop parklands and restore wetlands. | |
34 | - | ||
35 | - | This bill would declare that it is to take effect immediately as an urgency statute. | |
26 | + | The Sustainable Packaging for the State of California Act of 2018 prohibits a food service facility located in a state-owned facility, operating on or acting as a concessionaire on state property, or under contract to provide food service to a state agency from dispensing prepared food using a type of food service packaging unless the type of food service packaging is on a list that the Department of Resources Recycling and Recovery publishes and maintains on its internet website that contains types of approved food service packaging that are reusable, recyclable, or compostable. This bill would specify that a food service facility is prohibited from dispensing prepared food using a type of food service packaging that is not on the departments published list only at a state-owned facility, on state property, or pursuant to a contract with a state agency, as applicable.Under existing law, the Division of Oil, Gas, and Geothermal Resources in the Department of Conservation regulates the drilling, operation, maintenance, and abandonment of oil and gas wells in the state. Existing law defines various terms for those purposes, including additive.This bill would make a nonsubstantive change to that definition. | |
36 | 27 | ||
37 | 28 | The Sustainable Packaging for the State of California Act of 2018 prohibits a food service facility located in a state-owned facility, operating on or acting as a concessionaire on state property, or under contract to provide food service to a state agency from dispensing prepared food using a type of food service packaging unless the type of food service packaging is on a list that the Department of Resources Recycling and Recovery publishes and maintains on its internet website that contains types of approved food service packaging that are reusable, recyclable, or compostable. | |
38 | 29 | ||
30 | + | This bill would specify that a food service facility is prohibited from dispensing prepared food using a type of food service packaging that is not on the departments published list only at a state-owned facility, on state property, or pursuant to a contract with a state agency, as applicable. | |
31 | + | ||
32 | + | Under existing law, the Division of Oil, Gas, and Geothermal Resources in the Department of Conservation regulates the drilling, operation, maintenance, and abandonment of oil and gas wells in the state. Existing law defines various terms for those purposes, including additive. | |
39 | 33 | ||
40 | 34 | ||
41 | - | This bill would specify that a food service facility is prohibited from dispensing prepared food using a type of food service packaging that is not on the departments published list only at a state-owned facility, on state property, or pursuant to a contract with a state agency, as applicable. | |
35 | + | ||
36 | + | This bill would make a nonsubstantive change to that definition. | |
42 | 37 | ||
43 | 38 | ||
44 | 39 | ||
45 | 40 | ## Digest Key | |
46 | 41 | ||
47 | 42 | ## Bill Text | |
48 | 43 | ||
49 | - | The people of the State of California do enact as follows:SECTION 1. Section | |
44 | + | The people of the State of California do enact as follows:SECTION 1. Section 42370.4 of the Public Resources Code is amended to read:42370.4. (a) On and after the date the list of approved types of food service packaging is published pursuant to Section 42370.3, and except as provided in subdivision (b), a food service facility shall not dispense prepared food at a state-owned facility, on state property, or pursuant to a contract with a state agency, as applicable based on the facts that bring the food service facility within the definition of food service facility in subdivision (b) of Section 42370.1, using food service packaging unless the type of food service packaging is on that list.(b) A food service facility may use food service packaging that is not on the list maintained and updated by the department pursuant to Section 42370.3 under any of the following circumstances:(1) The food service facility possessed that specific inventory of food service packaging before the date the list was published.(2) The food service facility possessed that specific inventory of food service packaging before the list maintained pursuant to Section 42370.3 was updated to remove the type of food service packaging and the type of food service packaging was on the list when the food service facility took possession of the food service packaging.(3) The food service facility acquired that specific inventory of food service packaging pursuant to a contract entered into before the date the list was published.(4) The food service facility acquired that specific inventory of food service packaging pursuant to a contract entered into before the list maintained pursuant to Section 42370.3 was updated to remove the type of food service packaging and the type of food service packaging was on the list when the food service facility entered into the contract.(c) For a contract that is subject to this section and that is entered into, renewed, or updated after the date the list was published, the food service facility shall be responsible for ensuring that the food service packaging subject to the contract is in compliance with this section.SECTION 1.Section 3150 of the Public Resources Code is amended to read:3150.Additive means a substance or combination of substances added to a base fluid for purposes of preparing well stimulation treatment fluid that includes, but is not limited to, an acid stimulation treatment fluid or a hydraulic fracturing fluid. An additive may, but is not required to, serve additional purposes beyond the transmission of hydraulic pressure to the geologic formation. An additive may be of any phase and includes proppants. | |
50 | 45 | ||
51 | 46 | The people of the State of California do enact as follows: | |
52 | 47 | ||
53 | 48 | ## The people of the State of California do enact as follows: | |
54 | 49 | ||
55 | - | SECTION 1. Section | |
50 | + | SECTION 1. Section 42370.4 of the Public Resources Code is amended to read:42370.4. (a) On and after the date the list of approved types of food service packaging is published pursuant to Section 42370.3, and except as provided in subdivision (b), a food service facility shall not dispense prepared food at a state-owned facility, on state property, or pursuant to a contract with a state agency, as applicable based on the facts that bring the food service facility within the definition of food service facility in subdivision (b) of Section 42370.1, using food service packaging unless the type of food service packaging is on that list.(b) A food service facility may use food service packaging that is not on the list maintained and updated by the department pursuant to Section 42370.3 under any of the following circumstances:(1) The food service facility possessed that specific inventory of food service packaging before the date the list was published.(2) The food service facility possessed that specific inventory of food service packaging before the list maintained pursuant to Section 42370.3 was updated to remove the type of food service packaging and the type of food service packaging was on the list when the food service facility took possession of the food service packaging.(3) The food service facility acquired that specific inventory of food service packaging pursuant to a contract entered into before the date the list was published.(4) The food service facility acquired that specific inventory of food service packaging pursuant to a contract entered into before the list maintained pursuant to Section 42370.3 was updated to remove the type of food service packaging and the type of food service packaging was on the list when the food service facility entered into the contract.(c) For a contract that is subject to this section and that is entered into, renewed, or updated after the date the list was published, the food service facility shall be responsible for ensuring that the food service packaging subject to the contract is in compliance with this section. | |
56 | 51 | ||
57 | - | SECTION 1. Section | |
52 | + | SECTION 1. Section 42370.4 of the Public Resources Code is amended to read: | |
58 | 53 | ||
59 | 54 | ### SECTION 1. | |
60 | 55 | ||
61 | - | ||
56 | + | 42370.4. (a) On and after the date the list of approved types of food service packaging is published pursuant to Section 42370.3, and except as provided in subdivision (b), a food service facility shall not dispense prepared food at a state-owned facility, on state property, or pursuant to a contract with a state agency, as applicable based on the facts that bring the food service facility within the definition of food service facility in subdivision (b) of Section 42370.1, using food service packaging unless the type of food service packaging is on that list.(b) A food service facility may use food service packaging that is not on the list maintained and updated by the department pursuant to Section 42370.3 under any of the following circumstances:(1) The food service facility possessed that specific inventory of food service packaging before the date the list was published.(2) The food service facility possessed that specific inventory of food service packaging before the list maintained pursuant to Section 42370.3 was updated to remove the type of food service packaging and the type of food service packaging was on the list when the food service facility took possession of the food service packaging.(3) The food service facility acquired that specific inventory of food service packaging pursuant to a contract entered into before the date the list was published.(4) The food service facility acquired that specific inventory of food service packaging pursuant to a contract entered into before the list maintained pursuant to Section 42370.3 was updated to remove the type of food service packaging and the type of food service packaging was on the list when the food service facility entered into the contract.(c) For a contract that is subject to this section and that is entered into, renewed, or updated after the date the list was published, the food service facility shall be responsible for ensuring that the food service packaging subject to the contract is in compliance with this section. | |
62 | 57 | ||
63 | - | ||
58 | + | 42370.4. (a) On and after the date the list of approved types of food service packaging is published pursuant to Section 42370.3, and except as provided in subdivision (b), a food service facility shall not dispense prepared food at a state-owned facility, on state property, or pursuant to a contract with a state agency, as applicable based on the facts that bring the food service facility within the definition of food service facility in subdivision (b) of Section 42370.1, using food service packaging unless the type of food service packaging is on that list.(b) A food service facility may use food service packaging that is not on the list maintained and updated by the department pursuant to Section 42370.3 under any of the following circumstances:(1) The food service facility possessed that specific inventory of food service packaging before the date the list was published.(2) The food service facility possessed that specific inventory of food service packaging before the list maintained pursuant to Section 42370.3 was updated to remove the type of food service packaging and the type of food service packaging was on the list when the food service facility took possession of the food service packaging.(3) The food service facility acquired that specific inventory of food service packaging pursuant to a contract entered into before the date the list was published.(4) The food service facility acquired that specific inventory of food service packaging pursuant to a contract entered into before the list maintained pursuant to Section 42370.3 was updated to remove the type of food service packaging and the type of food service packaging was on the list when the food service facility entered into the contract.(c) For a contract that is subject to this section and that is entered into, renewed, or updated after the date the list was published, the food service facility shall be responsible for ensuring that the food service packaging subject to the contract is in compliance with this section. | |
64 | 59 | ||
65 | - | ||
60 | + | 42370.4. (a) On and after the date the list of approved types of food service packaging is published pursuant to Section 42370.3, and except as provided in subdivision (b), a food service facility shall not dispense prepared food at a state-owned facility, on state property, or pursuant to a contract with a state agency, as applicable based on the facts that bring the food service facility within the definition of food service facility in subdivision (b) of Section 42370.1, using food service packaging unless the type of food service packaging is on that list.(b) A food service facility may use food service packaging that is not on the list maintained and updated by the department pursuant to Section 42370.3 under any of the following circumstances:(1) The food service facility possessed that specific inventory of food service packaging before the date the list was published.(2) The food service facility possessed that specific inventory of food service packaging before the list maintained pursuant to Section 42370.3 was updated to remove the type of food service packaging and the type of food service packaging was on the list when the food service facility took possession of the food service packaging.(3) The food service facility acquired that specific inventory of food service packaging pursuant to a contract entered into before the date the list was published.(4) The food service facility acquired that specific inventory of food service packaging pursuant to a contract entered into before the list maintained pursuant to Section 42370.3 was updated to remove the type of food service packaging and the type of food service packaging was on the list when the food service facility entered into the contract.(c) For a contract that is subject to this section and that is entered into, renewed, or updated after the date the list was published, the food service facility shall be responsible for ensuring that the food service packaging subject to the contract is in compliance with this section. | |
66 | 61 | ||
67 | 62 | ||
68 | 63 | ||
69 | - | ||
64 | + | 42370.4. (a) On and after the date the list of approved types of food service packaging is published pursuant to Section 42370.3, and except as provided in subdivision (b), a food service facility shall not dispense prepared food at a state-owned facility, on state property, or pursuant to a contract with a state agency, as applicable based on the facts that bring the food service facility within the definition of food service facility in subdivision (b) of Section 42370.1, using food service packaging unless the type of food service packaging is on that list. | |
70 | 65 | ||
71 | - | (a | |
66 | + | (b) A food service facility may use food service packaging that is not on the list maintained and updated by the department pursuant to Section 42370.3 under any of the following circumstances: | |
72 | 67 | ||
73 | - | ( | |
68 | + | (1) The food service facility possessed that specific inventory of food service packaging before the date the list was published. | |
74 | 69 | ||
75 | - | ||
70 | + | (2) The food service facility possessed that specific inventory of food service packaging before the list maintained pursuant to Section 42370.3 was updated to remove the type of food service packaging and the type of food service packaging was on the list when the food service facility took possession of the food service packaging. | |
76 | 71 | ||
77 | - | ||
72 | + | (3) The food service facility acquired that specific inventory of food service packaging pursuant to a contract entered into before the date the list was published. | |
78 | 73 | ||
79 | - | ||
74 | + | (4) The food service facility acquired that specific inventory of food service packaging pursuant to a contract entered into before the list maintained pursuant to Section 42370.3 was updated to remove the type of food service packaging and the type of food service packaging was on the list when the food service facility entered into the contract. | |
80 | 75 | ||
81 | - | ### SEC. 2. | |
82 | - | ||
83 | - | To ensure that this bill takes effect before the State Water Resources Control Board next revises its once-through cooling policy in order to prevent ongoing harm to marine ecosystems and the coastal environment caused by powerplants that use a once-through cooling system, it is necessary for this measure to take effect immediately. | |
76 | + | (c) For a contract that is subject to this section and that is entered into, renewed, or updated after the date the list was published, the food service facility shall be responsible for ensuring that the food service packaging subject to the contract is in compliance with this section. | |
84 | 77 | ||
85 | 78 | ||
86 | 79 | ||
87 | 80 | ||
88 | 81 | ||
89 | - | (a)On and after the date the list of approved types of food service packaging is published pursuant to Section 42370.3, and except as provided in subdivision (b), a food service facility shall not dispense prepared food at a state-owned facility, on state property, or pursuant to a contract with a state agency, as applicable based on the facts that bring the food service facility within the definition of food service facility in subdivision (b) of Section 42370.1, using food service packaging unless the type of food service packaging is on that list. | |
90 | - | ||
91 | - | ||
92 | - | ||
93 | - | (b)A food service facility may use food service packaging that is not on the list maintained and updated by the department pursuant to Section 42370.3 under any of the following circumstances: | |
94 | - | ||
95 | - | ||
96 | - | ||
97 | - | (1)The food service facility possessed that specific inventory of food service packaging before the date the list was published. | |
98 | - | ||
99 | - | ||
100 | - | ||
101 | - | (2)The food service facility possessed that specific inventory of food service packaging before the list maintained pursuant to Section 42370.3 was updated to remove the type of food service packaging and the type of food service packaging was on the list when the food service facility took possession of the food service packaging. | |
102 | - | ||
103 | - | ||
104 | - | ||
105 | - | (3)The food service facility acquired that specific inventory of food service packaging pursuant to a contract entered into before the date the list was published. | |
106 | - | ||
107 | - | ||
108 | - | ||
109 | - | (4)The food service facility acquired that specific inventory of food service packaging pursuant to a contract entered into before the list maintained pursuant to Section 42370.3 was updated to remove the type of food service packaging and the type of food service packaging was on the list when the food service facility entered into the contract. | |
110 | - | ||
111 | - | ||
112 | - | ||
113 | - | (c)For a contract that is subject to this section and that is entered into, renewed, or updated after the date the list was published, the food service facility shall be responsible for ensuring that the food service packaging subject to the contract is in compliance with this section. | |
82 | + | Additive means a substance or combination of substances added to a base fluid for purposes of preparing well stimulation treatment fluid that includes, but is not limited to, an acid stimulation treatment fluid or a hydraulic fracturing fluid. An additive may, but is not required to, serve additional purposes beyond the transmission of hydraulic pressure to the geologic formation. An additive may be of any phase and includes proppants. |