California 2017-2018 Regular Session Status: Passed Senate 2 D cosponsors

SB 705 — Solid waste: expanded polystyrene food service containers.

Last action — Read third time. Refused passage. (Ayes 18. Noes 16. Page 4127.)

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2017-2018 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law requires all rigid plastic bottles and rigid plastic containers sold in the state to be labeled with a code that indicates the resin used to produce the rigid plastic bottle or rigid plastic container. The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, requires every rigid plastic packaging container, as defined, sold or offered for sale in this state to generally meet one of specified criteria. This bill would enact the Ocean Pollution Reduction Act of 2017. The bill would prohibit a food vendor, as defined, that is subject to specified federal requirements for the posting of calories and nutrients imposed upon restaurants and other retail food establishments, on and after January 1, 2020, from dispensing prepared food to a customer in an expanded polystyrene food service container. The bill would prohibit all food vendors from dispensing prepared food to a customer in an expanded polystyrene food service container on and after January 1, 2022. The bill would authorize a city or county to grant a food vendor an exemption from these prohibitions, as specified, upon request of the food vendor, if the food vendor demonstrates to the satisfaction of the city or county that compliance with the prohibition would impose an undue economic hardship, as defined. The bill would authorize a city, a county, a city and county, or the state to impose civil liability on a person or entity that knowingly violates that prohibition, or reasonably should have known that it was violating that prohibition, in the amount of $1,000 per day for the first violation, $2,000 per day for the 2nd violation, and $5,000 per day for the 3rd and subsequent violations. The bill would require any civil penalties collected to be paid to the office that brought the action and would authorize these penalties, if collected by the Attorney General, to be expended, upon appropriation by the Legislature, to enforce that prohibition. The bill would require the Department of Resources Recycling and Recovery to develop an Internet Web page with information on how to comply with, and how to file a complaint for a violation of, that prohibition. The act would also define related terms.

Bill Text

Action History

  1. Read third time. Refused passage. (Ayes 18. Noes 16. Page 4127.)

  2. (Ayes 22. Noes 12. Page 4122.)

  3. Senate rules suspended to allow bill to be taken up out of order.

  4. Read second time. Ordered to third reading.

  5. Ordered to second reading.

  6. From inactive file on motion of Senator Allen.

  7. Ordered to inactive file on request of Senator Allen.

  8. Reconsideration granted. (Ayes 40. Noes 0. Page 1353.)

  9. Motion to reconsider made by Senator Allen.

  10. Read third time. Refused passage. (Ayes 15. Noes 19. Page 1353.)

  11. Published May 26 at 9 p.m.

  12. Read second time and amended. Ordered to third reading.

  13. From committee: Do pass as amended. (Ayes 5. Noes 2. Page 1189.) (May 25).

  14. Set for hearing May 25.

  15. May 15 hearing: Placed on APPR. suspense file.

  16. Set for hearing May 15.

  17. May 8 hearing postponed by committee.

  18. Set for hearing May 8.

  19. Read second time and amended. Re-referred to Com. on APPR.

  20. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 4. Noes 2. Page 785.) (April 19).

  21. From committee with author's amendments. Read second time and amended. Re-referred to Com. on EQ.

  22. Set for hearing April 19.

  23. April 5 set for first hearing canceled at the request of author.

  24. Set for hearing April 5.

  25. Referred to Coms. on EQ. and APPR.

  26. From printer. May be acted upon on or after March 23.

  27. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 2 co-sponsors · 119 not signed on · 4 voted No

Sponsors (1)

Co-sponsors (2)

Not signed on (119)

119 members have not signed on to this bill.

Show all 119 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Failed 18 Yea · 16 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 141506
Democratic 4100
Total 181606
% of votes cast 45%40%0%15%
How each member voted (40)
Member Party Vote
Anderson — Nay
Beall — Yea
Hernandez — Yea
Hueso — Yea
Leyva — Nay
Monning — Yea
Morrell — Nay
Nielsen — Nay
Skinner — Yea
Vidak — Nay
Galgiani — Nay
Hertzberg — Yea
Hill — Yea
Mitchell — Yea
De León — Yea
Allen — Yea
Atkins — Yea
Bradford — Yea
Lara — Yea
Wieckowski — Yea
Wilk — Nay
Portantino — Not Voting
Fuller — Nay
Cannella — Nay
Glazer — Not Voting
Bates — Nay
Dodd — Nay
Mendoza — Not Voting
Moorlach — Nay
Newman — Not Voting
Pan — Not Voting
Roth — Not Voting
Beth Gaines — Nay
Bill Berryhill — Nay
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 35000
Democratic 5000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Anderson — Yea
Bates — Yea
Bradford — Yea
Hertzberg — Yea
Hueso — Yea
Mendoza — Yea
Moorlach — Yea
Newman — Yea
Nielsen — Yea
Vidak — Yea
Wilk — Yea
Fuller — Yea
Cannella — Yea
Galgiani — Yea
Allen — Yea
Dodd — Yea
De León — Yea
Glazer — Yea
Portantino — Yea
Atkins — Yea
Mitchell — Yea
Hernandez — Yea
Beall — Yea
Hill — Yea
Lara — Yea
Leyva — Yea
Monning — Yea
Morrell — Yea
Pan — Yea
Roth — Yea
Skinner — Yea
Wieckowski — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Failed 15 Yea · 19 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 111806
Democratic 4100
Total 151906
% of votes cast 38%48%0%15%
How each member voted (40)
Member Party Vote
Anderson — Nay
Bates — Nay
Bradford — Not Voting
Hertzberg — Yea
Mendoza — Nay
Nielsen — Nay
Skinner — Yea
Wieckowski — Yea
Galgiani — Not Voting
Glazer — Nay
Mitchell — Yea
De León — Yea
Allen — Yea
Atkins — Yea
Cannella — Nay
Fuller — Nay
Portantino — Not Voting
Dodd — Nay
Hernandez — Not Voting
Hill — Yea
Hueso — Not Voting
Beall — Yea
Lara — Yea
Leyva — Nay
Monning — Yea
Moorlach — Nay
Morrell — Nay
Newman — Nay
Pan — Not Voting
Roth — Nay
Vidak — Nay
Wilk — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Do pass as amended

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 4200
Democratic 1000
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Bates — Nay
Bradford — Yea
Hill — Yea
Lara — Yea
Nielsen — Nay
Beall — Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Bates — Yea
Hill — Yea
Nielsen — Yea
Lara — Yea
Beall — Yea
Bradford — Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Subjects

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Frequently asked questions

What does SB 705 do?
Existing law requires all rigid plastic bottles and rigid plastic containers sold in the state to be labeled with a code that indicates the resin used to produce the rigid plastic bottle or rigid plastic container. The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, requires every rigid plastic packaging container, as defined, sold or offered for sale in this state to generally meet one of specified criteria. This bill would enact the Ocean Pollution Reduction Act of 2017. The bill would prohibit a food vendor, as defined, that is subject to specified federal requirements for the posting of calories and nutrients imposed upon restaurants and other retail food establishments, on and after January 1, 2020, from dispensing prepared food to a customer in an expanded polystyrene food service container. The bill would prohibit all food vendors from dispensing prepared food to a customer in an expanded polystyrene food service container on and after January 1, 2022. The bill would authorize a city or county to grant a food vendor an exemption from these prohibitions, as specified, upon request of the food vendor, if the food vendor demonstrates to the satisfaction of the city or county that compliance with the prohibition would impose an undue economic hardship, as defined. The bill would authorize a city, a county, a city and county, or the state to impose civil liability on a person or entity that knowingly violates that prohibition, or reasonably should have known that it was violating that prohibition, in the amount of $1,000 per day for the first violation, $2,000 per day for the 2nd violation, and $5,000 per day for the 3rd and subsequent violations. The bill would require any civil penalties collected to be paid to the office that brought the action and would authorize these penalties, if collected by the Attorney General, to be expended, upon appropriation by the Legislature, to enforce that prohibition. The bill would require the Department of Resources Recycling and Recovery to develop an Internet Web page with information on how to comply with, and how to file a complaint for a violation of, that prohibition. The act would also define related terms.
Who sponsors SB 705?
SB 705 is sponsored by Hill, Stern, Henry I. (Democratic), and Allen, Benjamin (Democratic).
What is the current status of SB 705?
This bill died with 2017-2018 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 705?
Track SB 705 free on One Click Politics — get push/email alerts when it moves.

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