Bill Text: CA AB1672 | 2019-2020 | Regular Session | Amended
Bill Title: Solid waste: premoistened nonwoven disposable wipes.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Engrossed - Dead) 2020-08-20 - In committee: Held under submission. [AB1672 Detail]
Download: California-2019-AB1672-Amended.html
Amended
IN
Assembly
April 11, 2019 |
Amended
IN
Assembly
March 28, 2019 |
Assembly Bill | No. 1672 |
Introduced by Assembly Member Bloom |
February 22, 2019 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:SEC. 2.
Part 9 (commencing with Section 49650) is added to Division 30 of the Public Resources Code, to read:PART 9. Flushable Wipes
49650.
For purposes of this part, the following definitions shall apply:(c)“Enforcing agency” means the California Environmental Protection Agency.
(d)
(e)
(f)
(g)
49651.
(a) On and after January 1, 2020, a covered entity shall not label a covered product as safe to flush, safe for sewer systems, or safe for septic systems, unless the product is a flushable wipe.49652.
(a) (1) On and after January 1, 2020, a covered product that does not meet the performance standards shall be labeled clearly and conspicuously in adherence with the labeling requirements to communicate that it should not be flushed, and this label shall be in a high contrast font and color respective to the surrounding wording and space on the packaging and shall be in a location that is visible when individual wipes are dispensed from the product packaging.(a)On and after January 1, 2020, a covered entity shall test and maintain self-certification records that verify that its covered products meet the performance standards and comply with the labeling requirements specified in Section 49650.
(b)The records demonstrating a flushable wipe’s compliance with the performance standards shall be made available by the covered entity upon request of the enforcing agency, free of charge, within 30 days of the request.
(c)Verification of a nonflushable wipe’s compliance with the labeling requirements shall be made available by the covered entity upon request of the enforcing agency, free of charge, within 30 days of the request.
(d)(1)A covered entity that does not properly label flushable wipes or nonflushable wipes that will be sold in California, or are reasonably expected to be sold in California, shall be issued a notice of violation by the enforcing agency, providing 30 days for the noncompliant products to be recalled. The covered entity may be subject to an administrative penalty every day thereafter that those products remain available for purchase at retail or otherwise are distributed in the state.
(2)In issuing an administrative penalty pursuant to this subdivision, the enforcing agency shall take into consideration the nature, circumstances, extent, and gravity of the violation, the violator’s past and present efforts to prevent, abate, or clean up conditions posing a threat to the public health or safety or the environment, the violator’s ability to pay the proposed
penalty, and the effect that the proposed penalty would have on the violator and the community as a whole.
(3)The penalty imposed under this subdivision shall not exceed five hundred dollars ($500) per day.
(4)Penalties collected under this subdivision shall be deposited into the Flushable Wipes Fund, which is hereby created. Moneys in the fund shall be subject to appropriation by the Legislature for purposes of enforcing this part.
(e)(1)A covered entity that violates or threatens to violate this part may be enjoined by the Attorney General in any court of competent jurisdiction, and civil penalties may be assessed and recovered in a civil action brought in any court of competent jurisdiction in an amount not to exceed two thousand five hundred dollars ($2,500) for each violation.
(2)Moneys collected by the Attorney General pursuant to this subdivision shall be deposited into the Unfair Competition Law Fund established pursuant to Section 17206 of the Business and Professions Code.
(f)To the extent that there is an inconsistency between this section and a local standard or an updated performance standard that imposes greater restrictions, the greater restrictions shall prevail.
(g)The provisions of this part are severable. If any provision of this part or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.