Bill Text: CA SB728 | 2023-2024 | Regular Session | Enrolled

California Senate Bill 728

Bill Title: Plastic gift cards: prohibition.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2024-01-25 - Veto sustained. [SB728 Detail]

Download: California-2023-SB728-Enrolled.html

Enrolled September 15, 2023

Passed IN Senate September 13, 2023

Passed IN Assembly September 12, 2023

Amended IN Assembly September 07, 2023

Amended IN Assembly June 21, 2023

Amended IN Senate May 01, 2023

Amended IN Senate April 12, 2023

Amended IN Senate March 20, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 728

Introduced by Senator Limón

February 17, 2023

An act to add Chapter 5.1 (commencing with Section 42249) to Part 3 of Division 30 of the Public Resources Code, relating to solid waste.

LEGISLATIVE COUNSEL'S DIGEST

SB 728, Limón. Plastic gift cards: prohibition.

Existing law regulates the manufacture, sale, and disposal of various plastic products, including, but not limited to, single-use foodware accessories, single-use carryout bags, trash bags, packaging containers, and microbeads.

This bill would prohibit, beginning January 1, 2027, a retailer from selling, offering for sale, or distributing plastic gift cards, except those that are both usable with multiple unaffiliated sellers of goods and that have the expiration date, if any, printed on the card. The bill would authorize a retailer to continue to sell, offer for sale, or distribute an existing stock of plastic gift cards until January 1, 2028, as specified. The bill would authorize various entities to enforce these provisions, and would impose specified civil penalties for violations of these provisions. The bill would specify that its provisions do not apply to a plastic card used to pay public transit fares.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

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

SECTION 1.

Chapter 5.1 (commencing with Section 42249) is added to Part 3 of Division 30 of the Public Resources Code, to read:

CHAPTER 5.1. Prohibition on Plastic Gift Cards

42249.

(a) For purposes of this chapter, the following definitions apply:

(1) “Gift card” has the same definition as “gift certificate” as defined in Section 1749.45 of the Civil Code.

(2) “Retailer” has the same definition as “retailer” as defined in subdivision (l) of Section 1791 of the Civil Code.

(b) On and after January 1, 2027, a retailer shall not sell, offer for sale, or distribute a gift card made of plastic in this state.

(c) A retailer may continue to sell, offer for sale, or distribute an existing stock of plastic gift cards that were acquired before January 1, 2027, until January 1, 2028.

(d) The Attorney General, a district attorney, a county counsel, or a city attorney may enforce this section. The first violation shall be punishable by a civil penalty of twenty-five dollars ($25) per retailer for the day the violation occurs. A subsequent violation shall be punishable by a civil penalty of one hundred dollars ($100) per retailer for each day the violation occurs. A civil penalty collected pursuant to this subdivision shall be paid to the entity that brought the action.

(e) This chapter shall not be construed to apply to a plastic card used to pay public transit fares.