California 2023-2024 Regular Session

California Senate Bill SB378 Compare Versions

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11 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 378Introduced by Senator GonzalezFebruary 09, 2023 An act to add Section 5008.11 to the Public Resources Code, relating to state parks. LEGISLATIVE COUNSEL'S DIGESTSB 378, as introduced, Gonzalez. State parks: state beaches: expanded polystyrene food container and cooler ban.Existing law makes it an infraction punishable by a fine of up to $25 for a person to smoke on a state beach or in a unit of a state park system.This bill would make it an infraction punishable by a fine of up to $25 for a person to bring an expanded polystyrene, as defined, food container or cooler on a state beach, as defined, or in a unit of a state park system, as defined, and for improper disposal, as provided. The bill would establish a state-mandated local program by creating a new crime. The bill would provide that a person who violates this provision for the first time shall be subject to a warning by an officer of the state parks.The bill would require the Department of Parks and Recreation to, among other things, develop and post signs at strategic locations, as determined by the Director of Parks and Recreation, of state beaches and units of the state park system operated by the department to provide notice of the expanded polystyrene prohibition. The bill would require an entity operating, pursuant to an agreement with the department, a state beach or unit of the state park system that is not operated by the department to post signs approved by the department at strategic locations, as determined by the operating entity and approved by the department, to provide notice of the expanded polystyrene prohibition. The bill would require the expanded polystyrene prohibition to be enforced at a state beach or unit of the state park system only after appropriate signs have been posted pursuant to these provisions.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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 5008.11 is added to the Public Resources Code, to read:5008.11. (a) For purposes of this section, the following definitions apply:(1) Expanded polystyrene means blown polystyrene and expanded or extruded foams that are thermoplastic petrochemical materials using a styrene monomer and processed by any technique or techniques, including, but not limited to, fusion of polymer spheres (expandable bead polystyrene), injection molding, foam molding, and extrusion-blow molding (extruded foam polystyrene).(2) State beach means a sand, cobble, or other natural area that is owned or operated by, or under the jurisdiction of, the department and that adjoins the ocean, a bay, or an estuary.(3) Unit of the state park system means an area specified in Section 5002.(b) A person shall not bring any expanded polystyrene food container or cooler on a state beach or in a unit of the state park system.(c) A person shall not dispose of an expanded polystyrene food container or cooler on a state beach or in a unit of the state park system unless the disposal is made in an appropriate waste receptacle.(d) (1) Except as provided in paragraph (2), a person who violates this section is guilty of an infraction and shall be punished by a fine of up to twenty-five dollars ($25).(2) A person that violates this section for the first time shall be subject to a warning by an officer of the state parks.(e) The department shall develop and post signs at strategic locations, as determined by the director, of state beaches and units of the state park system operated by the department to provide notice of the expanded polystyrene prohibition set forth in subdivision (b).(f) An entity operating, pursuant to an agreement with the department, a state beach or unit of the state park system that is not operated by the department shall post signs approved by the department at strategic locations, as determined by the operating entity and approved by the department, to provide notice of the expanded polystyrene prohibition set forth in subdivision (b).(g) The department shall develop educational materials, in appropriate languages, about alternatives to expanded polystyrene and the impacts of expanded polystyrene products and waste on state parks and beaches, to be disseminated on the departments social media, displayed on the departments internet website, and displayed at central locations at state beaches and units of the state park system.(h) Subdivision (b) shall be enforced on a state beach and in a unit of the state park system only after signs have been posted at that state beach or unit of the state park system pursuant to subdivision (e) or (f), as applicable.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
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33 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 378Introduced by Senator GonzalezFebruary 09, 2023 An act to add Section 5008.11 to the Public Resources Code, relating to state parks. LEGISLATIVE COUNSEL'S DIGESTSB 378, as introduced, Gonzalez. State parks: state beaches: expanded polystyrene food container and cooler ban.Existing law makes it an infraction punishable by a fine of up to $25 for a person to smoke on a state beach or in a unit of a state park system.This bill would make it an infraction punishable by a fine of up to $25 for a person to bring an expanded polystyrene, as defined, food container or cooler on a state beach, as defined, or in a unit of a state park system, as defined, and for improper disposal, as provided. The bill would establish a state-mandated local program by creating a new crime. The bill would provide that a person who violates this provision for the first time shall be subject to a warning by an officer of the state parks.The bill would require the Department of Parks and Recreation to, among other things, develop and post signs at strategic locations, as determined by the Director of Parks and Recreation, of state beaches and units of the state park system operated by the department to provide notice of the expanded polystyrene prohibition. The bill would require an entity operating, pursuant to an agreement with the department, a state beach or unit of the state park system that is not operated by the department to post signs approved by the department at strategic locations, as determined by the operating entity and approved by the department, to provide notice of the expanded polystyrene prohibition. The bill would require the expanded polystyrene prohibition to be enforced at a state beach or unit of the state park system only after appropriate signs have been posted pursuant to these provisions.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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
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99 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
1010
1111 Senate Bill
1212
1313 No. 378
1414
1515 Introduced by Senator GonzalezFebruary 09, 2023
1616
1717 Introduced by Senator Gonzalez
1818 February 09, 2023
1919
2020 An act to add Section 5008.11 to the Public Resources Code, relating to state parks.
2121
2222 LEGISLATIVE COUNSEL'S DIGEST
2323
2424 ## LEGISLATIVE COUNSEL'S DIGEST
2525
2626 SB 378, as introduced, Gonzalez. State parks: state beaches: expanded polystyrene food container and cooler ban.
2727
2828 Existing law makes it an infraction punishable by a fine of up to $25 for a person to smoke on a state beach or in a unit of a state park system.This bill would make it an infraction punishable by a fine of up to $25 for a person to bring an expanded polystyrene, as defined, food container or cooler on a state beach, as defined, or in a unit of a state park system, as defined, and for improper disposal, as provided. The bill would establish a state-mandated local program by creating a new crime. The bill would provide that a person who violates this provision for the first time shall be subject to a warning by an officer of the state parks.The bill would require the Department of Parks and Recreation to, among other things, develop and post signs at strategic locations, as determined by the Director of Parks and Recreation, of state beaches and units of the state park system operated by the department to provide notice of the expanded polystyrene prohibition. The bill would require an entity operating, pursuant to an agreement with the department, a state beach or unit of the state park system that is not operated by the department to post signs approved by the department at strategic locations, as determined by the operating entity and approved by the department, to provide notice of the expanded polystyrene prohibition. The bill would require the expanded polystyrene prohibition to be enforced at a state beach or unit of the state park system only after appropriate signs have been posted pursuant to these provisions.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.
2929
3030 Existing law makes it an infraction punishable by a fine of up to $25 for a person to smoke on a state beach or in a unit of a state park system.
3131
3232 This bill would make it an infraction punishable by a fine of up to $25 for a person to bring an expanded polystyrene, as defined, food container or cooler on a state beach, as defined, or in a unit of a state park system, as defined, and for improper disposal, as provided. The bill would establish a state-mandated local program by creating a new crime. The bill would provide that a person who violates this provision for the first time shall be subject to a warning by an officer of the state parks.
3333
3434 The bill would require the Department of Parks and Recreation to, among other things, develop and post signs at strategic locations, as determined by the Director of Parks and Recreation, of state beaches and units of the state park system operated by the department to provide notice of the expanded polystyrene prohibition. The bill would require an entity operating, pursuant to an agreement with the department, a state beach or unit of the state park system that is not operated by the department to post signs approved by the department at strategic locations, as determined by the operating entity and approved by the department, to provide notice of the expanded polystyrene prohibition. The bill would require the expanded polystyrene prohibition to be enforced at a state beach or unit of the state park system only after appropriate signs have been posted pursuant to these provisions.
3535
3636 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.
3737
3838 This bill would provide that no reimbursement is required by this act for a specified reason.
3939
4040 ## Digest Key
4141
4242 ## Bill Text
4343
4444 The people of the State of California do enact as follows:SECTION 1. Section 5008.11 is added to the Public Resources Code, to read:5008.11. (a) For purposes of this section, the following definitions apply:(1) Expanded polystyrene means blown polystyrene and expanded or extruded foams that are thermoplastic petrochemical materials using a styrene monomer and processed by any technique or techniques, including, but not limited to, fusion of polymer spheres (expandable bead polystyrene), injection molding, foam molding, and extrusion-blow molding (extruded foam polystyrene).(2) State beach means a sand, cobble, or other natural area that is owned or operated by, or under the jurisdiction of, the department and that adjoins the ocean, a bay, or an estuary.(3) Unit of the state park system means an area specified in Section 5002.(b) A person shall not bring any expanded polystyrene food container or cooler on a state beach or in a unit of the state park system.(c) A person shall not dispose of an expanded polystyrene food container or cooler on a state beach or in a unit of the state park system unless the disposal is made in an appropriate waste receptacle.(d) (1) Except as provided in paragraph (2), a person who violates this section is guilty of an infraction and shall be punished by a fine of up to twenty-five dollars ($25).(2) A person that violates this section for the first time shall be subject to a warning by an officer of the state parks.(e) The department shall develop and post signs at strategic locations, as determined by the director, of state beaches and units of the state park system operated by the department to provide notice of the expanded polystyrene prohibition set forth in subdivision (b).(f) An entity operating, pursuant to an agreement with the department, a state beach or unit of the state park system that is not operated by the department shall post signs approved by the department at strategic locations, as determined by the operating entity and approved by the department, to provide notice of the expanded polystyrene prohibition set forth in subdivision (b).(g) The department shall develop educational materials, in appropriate languages, about alternatives to expanded polystyrene and the impacts of expanded polystyrene products and waste on state parks and beaches, to be disseminated on the departments social media, displayed on the departments internet website, and displayed at central locations at state beaches and units of the state park system.(h) Subdivision (b) shall be enforced on a state beach and in a unit of the state park system only after signs have been posted at that state beach or unit of the state park system pursuant to subdivision (e) or (f), as applicable.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
4545
4646 The people of the State of California do enact as follows:
4747
4848 ## The people of the State of California do enact as follows:
4949
5050 SECTION 1. Section 5008.11 is added to the Public Resources Code, to read:5008.11. (a) For purposes of this section, the following definitions apply:(1) Expanded polystyrene means blown polystyrene and expanded or extruded foams that are thermoplastic petrochemical materials using a styrene monomer and processed by any technique or techniques, including, but not limited to, fusion of polymer spheres (expandable bead polystyrene), injection molding, foam molding, and extrusion-blow molding (extruded foam polystyrene).(2) State beach means a sand, cobble, or other natural area that is owned or operated by, or under the jurisdiction of, the department and that adjoins the ocean, a bay, or an estuary.(3) Unit of the state park system means an area specified in Section 5002.(b) A person shall not bring any expanded polystyrene food container or cooler on a state beach or in a unit of the state park system.(c) A person shall not dispose of an expanded polystyrene food container or cooler on a state beach or in a unit of the state park system unless the disposal is made in an appropriate waste receptacle.(d) (1) Except as provided in paragraph (2), a person who violates this section is guilty of an infraction and shall be punished by a fine of up to twenty-five dollars ($25).(2) A person that violates this section for the first time shall be subject to a warning by an officer of the state parks.(e) The department shall develop and post signs at strategic locations, as determined by the director, of state beaches and units of the state park system operated by the department to provide notice of the expanded polystyrene prohibition set forth in subdivision (b).(f) An entity operating, pursuant to an agreement with the department, a state beach or unit of the state park system that is not operated by the department shall post signs approved by the department at strategic locations, as determined by the operating entity and approved by the department, to provide notice of the expanded polystyrene prohibition set forth in subdivision (b).(g) The department shall develop educational materials, in appropriate languages, about alternatives to expanded polystyrene and the impacts of expanded polystyrene products and waste on state parks and beaches, to be disseminated on the departments social media, displayed on the departments internet website, and displayed at central locations at state beaches and units of the state park system.(h) Subdivision (b) shall be enforced on a state beach and in a unit of the state park system only after signs have been posted at that state beach or unit of the state park system pursuant to subdivision (e) or (f), as applicable.
5151
5252 SECTION 1. Section 5008.11 is added to the Public Resources Code, to read:
5353
5454 ### SECTION 1.
5555
5656 5008.11. (a) For purposes of this section, the following definitions apply:(1) Expanded polystyrene means blown polystyrene and expanded or extruded foams that are thermoplastic petrochemical materials using a styrene monomer and processed by any technique or techniques, including, but not limited to, fusion of polymer spheres (expandable bead polystyrene), injection molding, foam molding, and extrusion-blow molding (extruded foam polystyrene).(2) State beach means a sand, cobble, or other natural area that is owned or operated by, or under the jurisdiction of, the department and that adjoins the ocean, a bay, or an estuary.(3) Unit of the state park system means an area specified in Section 5002.(b) A person shall not bring any expanded polystyrene food container or cooler on a state beach or in a unit of the state park system.(c) A person shall not dispose of an expanded polystyrene food container or cooler on a state beach or in a unit of the state park system unless the disposal is made in an appropriate waste receptacle.(d) (1) Except as provided in paragraph (2), a person who violates this section is guilty of an infraction and shall be punished by a fine of up to twenty-five dollars ($25).(2) A person that violates this section for the first time shall be subject to a warning by an officer of the state parks.(e) The department shall develop and post signs at strategic locations, as determined by the director, of state beaches and units of the state park system operated by the department to provide notice of the expanded polystyrene prohibition set forth in subdivision (b).(f) An entity operating, pursuant to an agreement with the department, a state beach or unit of the state park system that is not operated by the department shall post signs approved by the department at strategic locations, as determined by the operating entity and approved by the department, to provide notice of the expanded polystyrene prohibition set forth in subdivision (b).(g) The department shall develop educational materials, in appropriate languages, about alternatives to expanded polystyrene and the impacts of expanded polystyrene products and waste on state parks and beaches, to be disseminated on the departments social media, displayed on the departments internet website, and displayed at central locations at state beaches and units of the state park system.(h) Subdivision (b) shall be enforced on a state beach and in a unit of the state park system only after signs have been posted at that state beach or unit of the state park system pursuant to subdivision (e) or (f), as applicable.
5757
5858 5008.11. (a) For purposes of this section, the following definitions apply:(1) Expanded polystyrene means blown polystyrene and expanded or extruded foams that are thermoplastic petrochemical materials using a styrene monomer and processed by any technique or techniques, including, but not limited to, fusion of polymer spheres (expandable bead polystyrene), injection molding, foam molding, and extrusion-blow molding (extruded foam polystyrene).(2) State beach means a sand, cobble, or other natural area that is owned or operated by, or under the jurisdiction of, the department and that adjoins the ocean, a bay, or an estuary.(3) Unit of the state park system means an area specified in Section 5002.(b) A person shall not bring any expanded polystyrene food container or cooler on a state beach or in a unit of the state park system.(c) A person shall not dispose of an expanded polystyrene food container or cooler on a state beach or in a unit of the state park system unless the disposal is made in an appropriate waste receptacle.(d) (1) Except as provided in paragraph (2), a person who violates this section is guilty of an infraction and shall be punished by a fine of up to twenty-five dollars ($25).(2) A person that violates this section for the first time shall be subject to a warning by an officer of the state parks.(e) The department shall develop and post signs at strategic locations, as determined by the director, of state beaches and units of the state park system operated by the department to provide notice of the expanded polystyrene prohibition set forth in subdivision (b).(f) An entity operating, pursuant to an agreement with the department, a state beach or unit of the state park system that is not operated by the department shall post signs approved by the department at strategic locations, as determined by the operating entity and approved by the department, to provide notice of the expanded polystyrene prohibition set forth in subdivision (b).(g) The department shall develop educational materials, in appropriate languages, about alternatives to expanded polystyrene and the impacts of expanded polystyrene products and waste on state parks and beaches, to be disseminated on the departments social media, displayed on the departments internet website, and displayed at central locations at state beaches and units of the state park system.(h) Subdivision (b) shall be enforced on a state beach and in a unit of the state park system only after signs have been posted at that state beach or unit of the state park system pursuant to subdivision (e) or (f), as applicable.
5959
6060 5008.11. (a) For purposes of this section, the following definitions apply:(1) Expanded polystyrene means blown polystyrene and expanded or extruded foams that are thermoplastic petrochemical materials using a styrene monomer and processed by any technique or techniques, including, but not limited to, fusion of polymer spheres (expandable bead polystyrene), injection molding, foam molding, and extrusion-blow molding (extruded foam polystyrene).(2) State beach means a sand, cobble, or other natural area that is owned or operated by, or under the jurisdiction of, the department and that adjoins the ocean, a bay, or an estuary.(3) Unit of the state park system means an area specified in Section 5002.(b) A person shall not bring any expanded polystyrene food container or cooler on a state beach or in a unit of the state park system.(c) A person shall not dispose of an expanded polystyrene food container or cooler on a state beach or in a unit of the state park system unless the disposal is made in an appropriate waste receptacle.(d) (1) Except as provided in paragraph (2), a person who violates this section is guilty of an infraction and shall be punished by a fine of up to twenty-five dollars ($25).(2) A person that violates this section for the first time shall be subject to a warning by an officer of the state parks.(e) The department shall develop and post signs at strategic locations, as determined by the director, of state beaches and units of the state park system operated by the department to provide notice of the expanded polystyrene prohibition set forth in subdivision (b).(f) An entity operating, pursuant to an agreement with the department, a state beach or unit of the state park system that is not operated by the department shall post signs approved by the department at strategic locations, as determined by the operating entity and approved by the department, to provide notice of the expanded polystyrene prohibition set forth in subdivision (b).(g) The department shall develop educational materials, in appropriate languages, about alternatives to expanded polystyrene and the impacts of expanded polystyrene products and waste on state parks and beaches, to be disseminated on the departments social media, displayed on the departments internet website, and displayed at central locations at state beaches and units of the state park system.(h) Subdivision (b) shall be enforced on a state beach and in a unit of the state park system only after signs have been posted at that state beach or unit of the state park system pursuant to subdivision (e) or (f), as applicable.
6161
6262
6363
6464 5008.11. (a) For purposes of this section, the following definitions apply:
6565
6666 (1) Expanded polystyrene means blown polystyrene and expanded or extruded foams that are thermoplastic petrochemical materials using a styrene monomer and processed by any technique or techniques, including, but not limited to, fusion of polymer spheres (expandable bead polystyrene), injection molding, foam molding, and extrusion-blow molding (extruded foam polystyrene).
6767
6868 (2) State beach means a sand, cobble, or other natural area that is owned or operated by, or under the jurisdiction of, the department and that adjoins the ocean, a bay, or an estuary.
6969
7070 (3) Unit of the state park system means an area specified in Section 5002.
7171
7272 (b) A person shall not bring any expanded polystyrene food container or cooler on a state beach or in a unit of the state park system.
7373
7474 (c) A person shall not dispose of an expanded polystyrene food container or cooler on a state beach or in a unit of the state park system unless the disposal is made in an appropriate waste receptacle.
7575
7676 (d) (1) Except as provided in paragraph (2), a person who violates this section is guilty of an infraction and shall be punished by a fine of up to twenty-five dollars ($25).
7777
7878 (2) A person that violates this section for the first time shall be subject to a warning by an officer of the state parks.
7979
8080 (e) The department shall develop and post signs at strategic locations, as determined by the director, of state beaches and units of the state park system operated by the department to provide notice of the expanded polystyrene prohibition set forth in subdivision (b).
8181
8282 (f) An entity operating, pursuant to an agreement with the department, a state beach or unit of the state park system that is not operated by the department shall post signs approved by the department at strategic locations, as determined by the operating entity and approved by the department, to provide notice of the expanded polystyrene prohibition set forth in subdivision (b).
8383
8484 (g) The department shall develop educational materials, in appropriate languages, about alternatives to expanded polystyrene and the impacts of expanded polystyrene products and waste on state parks and beaches, to be disseminated on the departments social media, displayed on the departments internet website, and displayed at central locations at state beaches and units of the state park system.
8585
8686 (h) Subdivision (b) shall be enforced on a state beach and in a unit of the state park system only after signs have been posted at that state beach or unit of the state park system pursuant to subdivision (e) or (f), as applicable.
8787
8888 SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
8989
9090 SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
9191
9292 SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
9393
9494 ### SEC. 2.