CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 1280

Introduced by Senator Laird

February 15, 2024

An act to add Chapter 6.6 (commencing with Section 42395) to Part 3 of Division 30 of the Public Resources Code, relating to waste management.


LEGISLATIVE COUNSEL'S DIGEST


SB 1280, as introduced, Laird. Waste management: propane cylinders: reusable or refillable.
Existing law prohibits specified stores from providing single-use carryout bags to a customer at the point of sale and makes a violation of this provision subject to specified civil penalties.
This bill would, on and after an unspecified date, prohibit the sale or offer for sale of propane cylinders other than those propane cylinders that are reusable or refillable, as defined, and would make the violation of this provision subject to specified civil penalties. The bill would authorize a city attorney or county counsel to impose the civil penalties, as provided.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Chapter 6.6 (commencing with Section 42395) is added to Part 3 of Division 30 of the Public Resources Code, to read:
CHAPTER  6.6. Reusable or Refillable Propane Cylinders

42395.
 (a) For purposes of this chapter, “reusable” or “refillable” or “reuse” or “refill,” in regard to propane cylinders means a cylinder that satisfies all of the following:
(1) Explicitly designed and marketed to be utilized multiple times for the same product.
(2) Designed for durability to function properly in its original condition for multiple uses.
(3) Supported by adequate infrastructure to ensure the cylinders can be conveniently and safely reused or refilled for multiple cycles.
(b) For purposes of this chapter, “propane cylinder” does not include any of the following:
(1) Cylinders that are customarily designed for use in the construction industry and, when full, contain less than 15 ounces of fuel, whether filled solely with propane or not.
(2) Cylinders that have an overall product height-to-width ratio of 3.55 to 1 or greater.
(3) Cylinders that are offered to a state or local government agency for purchase pursuant to the United States General Services Administration’s State and Local Disaster Purchasing Program, or a successor program.

42395.1.
 (a) On and after January 1, ____, only reusable or refillable propane cylinders shall be sold or offered for sale in this state.
(b) A city attorney or county counsel may impose civil liability on a person who violates this section in the amount of five hundred dollars ($500) per day for the first violation, one thousand dollars ($1,000) per day for a second violation, and two thousand dollars ($2,000) per day for the third and subsequent violations. Any civil penalties collected pursuant to this section shall be paid to the office of the city attorney or county counsel, whichever office brought the action.