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AB-161 Solid waste: paper waste: electronic proofs of purchase.(2019-2020)

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Date Published: 01/07/2019 09:00 PM
AB161:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill No. 161


Introduced by Assembly Member Ting

January 07, 2019


An act to add Chapter 5.8 (commencing with Section 42359) to Part 3 of Division 30 of the Public Resources Code, relating to solid waste.


LEGISLATIVE COUNSEL'S DIGEST


AB 161, as introduced, Ting. Solid waste: paper waste: electronic proofs of purchase.
Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for, and provides for regulation by the State Department of Public Health of, retail food facilities, as defined. Existing law defines “enforcement officer,” for purposes of enforcing these provisions, to mean certain appointees of the State Public Health Officer, and all local health officers, directors of environmental health, and their duly authorized registered environmental health specialists and environmental health specialist trainees.
Existing law prohibits certain stores from providing a single-use carryout bag to a customer at the point of sale and prohibits full-service restaurants from providing single-use plastic straws to consumers unless requested by the consumer.
This bill would require, on and after January 1, 2022, a proof of purchase for the retail sale of food, alcohol, or other tangible personal property, or for the provision of services, provided to a consumer, as defined, by a business to be provided only in electronic form, unless the consumer requests that the proof of purchase be provided in paper form. The bill would specify that the first and 2nd violations of these provisions would result in a notice of violation and any subsequent violation would be an infraction punishable by a fine of $25 for each day the business is in violation, but not to exceed an annual total of $300. The provisions would be enforced by the same enforcement officers authorized to enforce the California Retail Food Code. By creating a new crime and imposing additional enforcement duties on local health agencies, this bill would impose a state-mandated local program.
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 with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 The Legislature finds and declares all of the following:
(a) The report titled “Skip the Slip: Environmental Costs & Human Health Risks of Paper Receipts with Proposed Solutions” from Green America found that 10 million trees and 21 billion gallons of water in America are used to create proof of purchase receipts.
(b) Receipts generate 686 million pounds of waste and 12 billion pounds of carbon dioxide, the equivalent of one million cars on the road, and most paper receipts contain chemicals that would contaminate other recyclable paper materials.
(c) The Green America report also found that 93 percent of paper receipts are coated with Bisphenol-A (BPA) or Bisphenol-S (BPS) chemicals, which the United States Food and Drug Administration has banned from baby bottles because those chemicals are known to disrupt hormones, causing cancerous tumors, birth defects, and other developmental issues.
(d) The BPA or BPS on receipts can enter people’s bodies simply through touch, which poses a major risk to retail workers, who have 30 percent more BPA or BPS found in their bodies than others who do not have regular contact with receipts.
(e) Data from Square, a company that provides mobile payment services, shows that their sellers send over 10 million digital receipts each month.
(f) Prohibiting businesses from providing paper receipts except upon request would have significant positive environmental and public health effects.

SEC. 2.

 Chapter 5.8 (commencing with Section 42359) is added to Part 3 of Division 30 of the Public Resources Code, to read:
CHAPTER  5.8. Proof of Purchase

42359.
 For purposes of this chapter, the following definitions apply:
(a) “Consumer” means a person who purchases, and does not offer for resale, food, alcohol, other tangible personal property, or services.
(b) “Electronic form” includes, but is not limited to, a form sent through email or text message.
(c) “Enforcement officer” has the same meaning as specified in Section 113774 of the Health and Safety Code.

42359.1.
 (a) On and after January 1, 2022, a proof of purchase for the retail sale of food, alcohol, or other tangible personal property, or for the provision of services, provided to a consumer by a business shall be provided only in electronic form, unless the consumer requests that the proof of purchase be provided in paper form.
(b) This section shall be enforced by an enforcement officer. The first and second violations of subdivision (a) shall result in a notice of violation, and any subsequent violation shall constitute an infraction punishable by a fine of twenty-five dollars ($25) for each day the business is in violation, but not to exceed three hundred dollars ($300) annually.

SEC. 3.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, 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 XIII B of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.