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| 1 | + | Amended IN Assembly September 07, 2023 Amended IN Assembly June 21, 2023 Amended IN Senate May 01, 2023 Amended IN Senate April 12, 2023 Amended IN Senate March 20, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 728Introduced by Senator LimnFebruary 17, 2023An act to add Chapter 5.1 (commencing with Section 42249) to Part 3 of Division 30 of the Public Resources Code, relating to solid waste.LEGISLATIVE COUNSEL'S DIGESTSB 728, as amended, Limn. Plastic gift cards: prohibition.Existing law regulates the manufacture, sale, and disposal of various plastic products, including, but not limited to, single-use foodware accessories, single-use carryout bags, trash bags, packaging containers, and microbeads.This bill would prohibit, beginning January 1, 2027, a retailer from selling, offering for sale, or distributing plastic gift cards, except those that are both usable with multiple unaffiliated sellers of goods and that have the expiration date, if any, printed on the card. The bill would authorize a retailer to continue to sell, offer for sale, or distribute an existing stock of plastic gift cards until January 1, 2028, as specified. The bill would authorize various entities to enforce these provisions, and would impose specified civil penalties for violations of these provisions. The bill would specify that its provisions do not apply to a plastic card used to pay public transit fares.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Chapter 5.1 (commencing with Section 42249) is added to Part 3 of Division 30 of the Public Resources Code, to read: CHAPTER 5.1. Prohibition on Plastic Gift Cards42249.(a)42249. (a) For purposes of this chapter, gift the following definitions apply:(1) Gift card has the same definition as gift certificate as defined in Section 1749.45 of the Civil Code.(2) Retailer has the same definition as retailer as defined in subdivision (l) of Section 1791 of the Civil Code.(b) On and after January 1, 2027, a retailer shall not sell, offer for sale, or distribute a gift card made of plastic in this state.(c) A retailer may continue to sell, offer for sale, or distribute an existing stock of plastic gift cards that were acquired before January 1, 2027, until January 1, 2028.(d) The Attorney General, a district attorney, a county counsel, or a city attorney may enforce this section. The first violation shall be punishable by a civil penalty of twenty-five dollars ($25) per retailer for the day the violation occurs. A subsequent violation shall be punishable by a civil penalty of one hundred dollars ($100) per retailer for each day the violation occurs. A civil penalty collected pursuant to this subdivision shall be paid to the entity that brought the action.(e) This chapter shall not be construed to apply to a plastic card used to pay public transit fares. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | Amended IN Assembly September 07, 2023 Amended IN Assembly June 21, 2023 Amended IN Senate May 01, 2023 Amended IN Senate April 12, 2023 Amended IN Senate March 20, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 728Introduced by Senator LimnFebruary 17, 2023An act to add Chapter 5.1 (commencing with Section 42249) to Part 3 of Division 30 of the Public Resources Code, relating to solid waste.LEGISLATIVE COUNSEL'S DIGESTSB 728, as amended, Limn. Plastic gift cards: prohibition.Existing law regulates the manufacture, sale, and disposal of various plastic products, including, but not limited to, single-use foodware accessories, single-use carryout bags, trash bags, packaging containers, and microbeads.This bill would prohibit, beginning January 1, 2027, a retailer from selling, offering for sale, or distributing plastic gift cards, except those that are both usable with multiple unaffiliated sellers of goods and that have the expiration date, if any, printed on the card. The bill would authorize a retailer to continue to sell, offer for sale, or distribute an existing stock of plastic gift cards until January 1, 2028, as specified. The bill would authorize various entities to enforce these provisions, and would impose specified civil penalties for violations of these provisions. The bill would specify that its provisions do not apply to a plastic card used to pay public transit fares.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Assembly September 07, 2023 Amended IN Assembly June 21, 2023 Amended IN Senate May 01, 2023 Amended IN Senate April 12, 2023 Amended IN Senate March 20, 2023 | |
| 6 | 6 | ||
| 7 | - | Enrolled September 15, 2023 | |
| 8 | - | Passed IN Senate September 13, 2023 | |
| 9 | - | Passed IN Assembly September 12, 2023 | |
| 10 | 7 | Amended IN Assembly September 07, 2023 | |
| 11 | 8 | Amended IN Assembly June 21, 2023 | |
| 12 | 9 | Amended IN Senate May 01, 2023 | |
| 13 | 10 | Amended IN Senate April 12, 2023 | |
| 14 | 11 | Amended IN Senate March 20, 2023 | |
| 15 | 12 | ||
| 16 | 13 | CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION | |
| 17 | 14 | ||
| 18 | 15 | Senate Bill | |
| 19 | 16 | ||
| 20 | 17 | No. 728 | |
| 21 | 18 | ||
| 22 | 19 | Introduced by Senator LimnFebruary 17, 2023 | |
| 23 | 20 | ||
| 24 | 21 | Introduced by Senator Limn | |
| 25 | 22 | February 17, 2023 | |
| 26 | 23 | ||
| 27 | 24 | An act to add Chapter 5.1 (commencing with Section 42249) to Part 3 of Division 30 of the Public Resources Code, relating to solid waste. | |
| 28 | 25 | ||
| 29 | 26 | LEGISLATIVE COUNSEL'S DIGEST | |
| 30 | 27 | ||
| 31 | 28 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 32 | 29 | ||
| 33 | - | SB 728, Limn. Plastic gift cards: prohibition. | |
| 30 | + | SB 728, as amended, Limn. Plastic gift cards: prohibition. | |
| 34 | 31 | ||
| 35 | 32 | Existing law regulates the manufacture, sale, and disposal of various plastic products, including, but not limited to, single-use foodware accessories, single-use carryout bags, trash bags, packaging containers, and microbeads.This bill would prohibit, beginning January 1, 2027, a retailer from selling, offering for sale, or distributing plastic gift cards, except those that are both usable with multiple unaffiliated sellers of goods and that have the expiration date, if any, printed on the card. The bill would authorize a retailer to continue to sell, offer for sale, or distribute an existing stock of plastic gift cards until January 1, 2028, as specified. The bill would authorize various entities to enforce these provisions, and would impose specified civil penalties for violations of these provisions. The bill would specify that its provisions do not apply to a plastic card used to pay public transit fares. | |
| 36 | 33 | ||
| 37 | 34 | Existing law regulates the manufacture, sale, and disposal of various plastic products, including, but not limited to, single-use foodware accessories, single-use carryout bags, trash bags, packaging containers, and microbeads. | |
| 38 | 35 | ||
| 39 | 36 | This bill would prohibit, beginning January 1, 2027, a retailer from selling, offering for sale, or distributing plastic gift cards, except those that are both usable with multiple unaffiliated sellers of goods and that have the expiration date, if any, printed on the card. The bill would authorize a retailer to continue to sell, offer for sale, or distribute an existing stock of plastic gift cards until January 1, 2028, as specified. The bill would authorize various entities to enforce these provisions, and would impose specified civil penalties for violations of these provisions. The bill would specify that its provisions do not apply to a plastic card used to pay public transit fares. | |
| 40 | 37 | ||
| 41 | 38 | ## Digest Key | |
| 42 | 39 | ||
| 43 | 40 | ## Bill Text | |
| 44 | 41 | ||
| 45 | - | The people of the State of California do enact as follows:SECTION 1. Chapter 5.1 (commencing with Section 42249) is added to Part 3 of Division 30 of the Public Resources Code, to read: CHAPTER 5.1. Prohibition on Plastic Gift Cards42249. (a) For purposes of this chapter, the following definitions apply: | |
| 42 | + | The people of the State of California do enact as follows:SECTION 1. Chapter 5.1 (commencing with Section 42249) is added to Part 3 of Division 30 of the Public Resources Code, to read: CHAPTER 5.1. Prohibition on Plastic Gift Cards42249.(a)42249. (a) For purposes of this chapter, gift the following definitions apply:(1) Gift card has the same definition as gift certificate as defined in Section 1749.45 of the Civil Code.(2) Retailer has the same definition as retailer as defined in subdivision (l) of Section 1791 of the Civil Code.(b) On and after January 1, 2027, a retailer shall not sell, offer for sale, or distribute a gift card made of plastic in this state.(c) A retailer may continue to sell, offer for sale, or distribute an existing stock of plastic gift cards that were acquired before January 1, 2027, until January 1, 2028.(d) The Attorney General, a district attorney, a county counsel, or a city attorney may enforce this section. The first violation shall be punishable by a civil penalty of twenty-five dollars ($25) per retailer for the day the violation occurs. A subsequent violation shall be punishable by a civil penalty of one hundred dollars ($100) per retailer for each day the violation occurs. A civil penalty collected pursuant to this subdivision shall be paid to the entity that brought the action.(e) This chapter shall not be construed to apply to a plastic card used to pay public transit fares. | |
| 46 | 43 | ||
| 47 | 44 | The people of the State of California do enact as follows: | |
| 48 | 45 | ||
| 49 | 46 | ## The people of the State of California do enact as follows: | |
| 50 | 47 | ||
| 51 | - | SECTION 1. Chapter 5.1 (commencing with Section 42249) is added to Part 3 of Division 30 of the Public Resources Code, to read: CHAPTER 5.1. Prohibition on Plastic Gift Cards42249. (a) For purposes of this chapter, the following definitions apply: | |
| 48 | + | SECTION 1. Chapter 5.1 (commencing with Section 42249) is added to Part 3 of Division 30 of the Public Resources Code, to read: CHAPTER 5.1. Prohibition on Plastic Gift Cards42249.(a)42249. (a) For purposes of this chapter, gift the following definitions apply:(1) Gift card has the same definition as gift certificate as defined in Section 1749.45 of the Civil Code.(2) Retailer has the same definition as retailer as defined in subdivision (l) of Section 1791 of the Civil Code.(b) On and after January 1, 2027, a retailer shall not sell, offer for sale, or distribute a gift card made of plastic in this state.(c) A retailer may continue to sell, offer for sale, or distribute an existing stock of plastic gift cards that were acquired before January 1, 2027, until January 1, 2028.(d) The Attorney General, a district attorney, a county counsel, or a city attorney may enforce this section. The first violation shall be punishable by a civil penalty of twenty-five dollars ($25) per retailer for the day the violation occurs. A subsequent violation shall be punishable by a civil penalty of one hundred dollars ($100) per retailer for each day the violation occurs. A civil penalty collected pursuant to this subdivision shall be paid to the entity that brought the action.(e) This chapter shall not be construed to apply to a plastic card used to pay public transit fares. | |
| 52 | 49 | ||
| 53 | 50 | SECTION 1. Chapter 5.1 (commencing with Section 42249) is added to Part 3 of Division 30 of the Public Resources Code, to read: | |
| 54 | 51 | ||
| 55 | 52 | ### SECTION 1. | |
| 56 | 53 | ||
| 57 | - | CHAPTER 5.1. Prohibition on Plastic Gift Cards42249. (a) For purposes of this chapter, the following definitions apply: | |
| 54 | + | CHAPTER 5.1. Prohibition on Plastic Gift Cards42249.(a)42249. (a) For purposes of this chapter, gift the following definitions apply:(1) Gift card has the same definition as gift certificate as defined in Section 1749.45 of the Civil Code.(2) Retailer has the same definition as retailer as defined in subdivision (l) of Section 1791 of the Civil Code.(b) On and after January 1, 2027, a retailer shall not sell, offer for sale, or distribute a gift card made of plastic in this state.(c) A retailer may continue to sell, offer for sale, or distribute an existing stock of plastic gift cards that were acquired before January 1, 2027, until January 1, 2028.(d) The Attorney General, a district attorney, a county counsel, or a city attorney may enforce this section. The first violation shall be punishable by a civil penalty of twenty-five dollars ($25) per retailer for the day the violation occurs. A subsequent violation shall be punishable by a civil penalty of one hundred dollars ($100) per retailer for each day the violation occurs. A civil penalty collected pursuant to this subdivision shall be paid to the entity that brought the action.(e) This chapter shall not be construed to apply to a plastic card used to pay public transit fares. | |
| 58 | 55 | ||
| 59 | - | CHAPTER 5.1. Prohibition on Plastic Gift Cards42249. (a) For purposes of this chapter, the following definitions apply: | |
| 56 | + | CHAPTER 5.1. Prohibition on Plastic Gift Cards42249.(a)42249. (a) For purposes of this chapter, gift the following definitions apply:(1) Gift card has the same definition as gift certificate as defined in Section 1749.45 of the Civil Code.(2) Retailer has the same definition as retailer as defined in subdivision (l) of Section 1791 of the Civil Code.(b) On and after January 1, 2027, a retailer shall not sell, offer for sale, or distribute a gift card made of plastic in this state.(c) A retailer may continue to sell, offer for sale, or distribute an existing stock of plastic gift cards that were acquired before January 1, 2027, until January 1, 2028.(d) The Attorney General, a district attorney, a county counsel, or a city attorney may enforce this section. The first violation shall be punishable by a civil penalty of twenty-five dollars ($25) per retailer for the day the violation occurs. A subsequent violation shall be punishable by a civil penalty of one hundred dollars ($100) per retailer for each day the violation occurs. A civil penalty collected pursuant to this subdivision shall be paid to the entity that brought the action.(e) This chapter shall not be construed to apply to a plastic card used to pay public transit fares. | |
| 60 | 57 | ||
| 61 | 58 | CHAPTER 5.1. Prohibition on Plastic Gift Cards | |
| 62 | 59 | ||
| 63 | 60 | CHAPTER 5.1. Prohibition on Plastic Gift Cards | |
| 64 | 61 | ||
| 65 | - | 42249. (a) For purposes of this chapter, the following definitions apply: (1) Gift card has the same definition as gift certificate as defined in Section 1749.45 of the Civil Code.(2) Retailer has the same definition as retailer as defined in subdivision (l) of Section 1791 of the Civil Code.(b) On and after January 1, 2027, a retailer shall not sell, offer for sale, or distribute a gift card made of plastic in this state.(c) A retailer may continue to sell, offer for sale, or distribute an existing stock of plastic gift cards that were acquired before January 1, 2027, until January 1, 2028.(d) The Attorney General, a district attorney, a county counsel, or a city attorney may enforce this section. The first violation shall be punishable by a civil penalty of twenty-five dollars ($25) per retailer for the day the violation occurs. A subsequent violation shall be punishable by a civil penalty of one hundred dollars ($100) per retailer for each day the violation occurs. A civil penalty collected pursuant to this subdivision shall be paid to the entity that brought the action.(e) This chapter shall not be construed to apply to a plastic card used to pay public transit fares. | |
| 62 | + | ||
| 63 | + | ||
| 64 | + | (a) | |
| 66 | 65 | ||
| 67 | 66 | ||
| 68 | 67 | ||
| 69 | - | 42249. (a) For purposes of this chapter, the following definitions apply: | |
| 68 | + | 42249. (a) For purposes of this chapter, gift the following definitions apply:(1) Gift card has the same definition as gift certificate as defined in Section 1749.45 of the Civil Code.(2) Retailer has the same definition as retailer as defined in subdivision (l) of Section 1791 of the Civil Code.(b) On and after January 1, 2027, a retailer shall not sell, offer for sale, or distribute a gift card made of plastic in this state.(c) A retailer may continue to sell, offer for sale, or distribute an existing stock of plastic gift cards that were acquired before January 1, 2027, until January 1, 2028.(d) The Attorney General, a district attorney, a county counsel, or a city attorney may enforce this section. The first violation shall be punishable by a civil penalty of twenty-five dollars ($25) per retailer for the day the violation occurs. A subsequent violation shall be punishable by a civil penalty of one hundred dollars ($100) per retailer for each day the violation occurs. A civil penalty collected pursuant to this subdivision shall be paid to the entity that brought the action.(e) This chapter shall not be construed to apply to a plastic card used to pay public transit fares. | |
| 69 | + | ||
| 70 | + | ||
| 71 | + | ||
| 72 | + | 42249. (a) For purposes of this chapter, gift the following definitions apply: | |
| 70 | 73 | ||
| 71 | 74 | (1) Gift card has the same definition as gift certificate as defined in Section 1749.45 of the Civil Code. | |
| 72 | 75 | ||
| 73 | 76 | (2) Retailer has the same definition as retailer as defined in subdivision (l) of Section 1791 of the Civil Code. | |
| 74 | 77 | ||
| 75 | 78 | (b) On and after January 1, 2027, a retailer shall not sell, offer for sale, or distribute a gift card made of plastic in this state. | |
| 76 | 79 | ||
| 77 | 80 | (c) A retailer may continue to sell, offer for sale, or distribute an existing stock of plastic gift cards that were acquired before January 1, 2027, until January 1, 2028. | |
| 78 | 81 | ||
| 79 | 82 | (d) The Attorney General, a district attorney, a county counsel, or a city attorney may enforce this section. The first violation shall be punishable by a civil penalty of twenty-five dollars ($25) per retailer for the day the violation occurs. A subsequent violation shall be punishable by a civil penalty of one hundred dollars ($100) per retailer for each day the violation occurs. A civil penalty collected pursuant to this subdivision shall be paid to the entity that brought the action. | |
| 80 | 83 | ||
| 81 | 84 | (e) This chapter shall not be construed to apply to a plastic card used to pay public transit fares. |