Bill Text: CA AB2026 | 2021-2022 | Regular Session | Amended
Bill Title: Recycling: plastic packaging.
Spectrum: Partisan Bill (Democrat 10-0)
Status: (Engrossed - Dead) 2022-08-11 - In committee: Held under submission. [AB2026 Detail]
Download: California-2021-AB2026-Amended.html
Amended
IN
Senate
June 23, 2022 |
Amended
IN
Senate
June 09, 2022 |
Amended
IN
Assembly
May 19, 2022 |
Amended
IN
Assembly
April 06, 2022 |
Amended
IN
Assembly
March 23, 2022 |
Introduced by Assembly Members Friedman and Ting (Principal coauthors: Assembly Members Bloom, Kalra, and Quirk) (Principal coauthors: Senators Stern and Wiener) (Coauthors: Assembly Members Bennett, Luz Rivas, and Stone) |
February 14, 2022 |
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.
(a) The Legislature finds and declares all of the following:SEC. 2.
Chapter 3.2 (commencing with Section 42100) is added to Part 3 of Division 30 of the Public Resources Code, to read:CHAPTER 3.2. Plastic Packaging
Article 1. Definitions
42100.
For purposes of this chapter, the following definitions apply:(b)
(c)
(d)(1)“E-commerce shipper” means a business that
satisfies all of the following:
(A)Does either of the following:
(i)Sells goods over the internet. Selling goods over the internet includes business-to-business sales, direct sales to consumers, and sales through a third-party seller or an online marketplace.
(ii)Provides e-commerce fulfillment services to package and ship goods by mail or parcel delivery in or into the state, either on behalf of itself or a third-party seller.
(B)Has annual gross sales greater than fifteen million dollars ($15,000,000) in or into the state.
(C)Has more than 100 full-time equivalent employees.
(2)An e-commerce shipper does not include an online marketplace that satisfies all of the following:
(A)Is an online or mobile application providing user services and facilitating sales solely from third-party sellers to third-party buyers.
(B)Does not own any of the inventory for sale on the online marketplace.
(C)Does not ship or control the distribution, packaging, or transport of any products on the online marketplace.
(D)Facilitates and permits direct, unhindered communication between the third-party buyer and the third-party seller.
(E)Conspicuously displays the third-party seller’s location.
(F)Does not determine the price for the product offered on the online marketplace.
(3)An e-commerce shipper does not include a public or privately operated motor carrier, as defined in Section 13102 of Title 49 of the United States Code, that only transports a parcel that has been placed into packaging prior to the motor carrier’s taking possession of the parcel and is not opened until after the motor carrier has delivered the parcel.
(e)E-commerce
plastic packaging means the single-use plastic shipping envelopes, void fill, and cushioning added by the e-commerce shipper to ship or transport a product.
Article 2. Plastic Packaging
42101.
(a) (1) An e-commerce shipper that ships purchased products in or into the state shall reduce the total weight and number of units of the e-commerce plastic packaging and expanded and extruded polystyrene it uses to ship or transport products in or into the state, as follows:(b)(1)Except as provided in paragraph (2), a manufacturer, retailer, producer, or other distributor that sells or offers for sale and ships purchased products in or into the state shall not use expanded or extruded polystyrene to package or transport the products.
(2)A manufacturer, retailer, producer, or other distributor that sells or offers for sale and ships purchased products in or into the state may use expanded or extruded polystyrene to package or transport televisions, printers, computer screens, and large appliances until January 1, 2025.
(c)