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AB-353 Once-through cooling policy: extension.(2019-2020)



Current Version: 05/26/20 - Amended Senate Compare Versions information image


AB353:v97#DOCUMENT

Amended  IN  Senate  May 26, 2020
Amended  IN  Assembly  March 19, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 353


Introduced by Assembly Member Muratsuchi
(Principal coauthor: Senator Allen)

February 04, 2019


An act to amend Section 42370.4 of the Public Resources Code, relating to solid waste. An act to add Section 13193.5 to the Water Code, relating to water quality, and declaring the urgency thereof, to take effect immediately.


LEGISLATIVE COUNSEL'S DIGEST


AB 353, as amended, Muratsuchi. Food service facilities: food service packaging: state-owned facilities, state property, and state agency contracts. Once-through cooling policy: extension.
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 department’s published list only at a state-owned facility, on state property, or pursuant to a contract with a state agency, as applicable.

Vote: MAJORITY2/3   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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


SECTION 1.

 Section 13193.5 is added to the Water Code, to read:

13193.5.
 The state board shall not grant an operator of a powerplant additional time for complying with the once-through cooling policy described in Section 2922 of Title 23 of the California Code of Regulations if the powerplant meets both of the following criteria:
(a) The powerplant is situated on a site, which includes any parcel or a portion thereof on which powerplant facilities are physically located and any parcel or a portion thereof adjacent to a parcel on which powerplant facilities are physically located, that contains existing coastal wetlands within the coastal zone.
(b) A local agency, nonprofit organization, or nongovernmental land conservation organization has been awarded a grant pursuant to Section 80137 of the Public Resources Code 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 on the site.

SEC. 2.

 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
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.
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.