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AB-353 Food service facilities: food service packaging: state-owned facilities, state property, and state agency contracts.(2019-2020)

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Date Published: 03/19/2019 09:00 PM
AB353:v98#DOCUMENT

Amended  IN  Assembly  March 19, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 353


Introduced by Assembly Member Muratsuchi

February 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 DIGEST


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.
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 department’s 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.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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.