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File #: 21-570 MEETING DATE: 8/3/2021
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Oliver Chi, City Manager
PREPARED BY: Travis K. Hopkins, Assistant City Manager
Subject:
Consider positions on legislation pending before the State and Federal Legislature, as recommended
by the Intergovernmental Relations Committee (IRC)
Statement of Issue:
On July 21, 2021, the Intergovernmental Relations Committee (IRC), comprised of Mayor Kim Carr
and Mayor Pro Tern Barbara Delgleize (with Council Member Mike Posey absent) discussed State
and Federal issues with relevance to Huntington Beach. Following discussion, the IRC chose to take
positions on certain proposed legislation, which are presented to the City Council for further
consideration.
Financial Impact:
Not applicable.
Recommended Action:
Approve one or more City positions on the following State and Federal legislation:
A) Support if Amended AB 1201 (Ting) - Labelling of Plastic Products for Compostability and
Biodegradability.
B) Watch SB 1 (Atkins) - Environmental, Public Health, and Workers Defense Act of 2019.
C) Withdraw Opposition to AB 339 (Lee) - Public Meeting Participation Requirements.
D) Submit two requests to the Orange County and State Redistricting Bodies.
Alternative Action(s):
Do not approve one or more recommended legislative positions and direct staff accordingly.
Analysis:
On July 21, 2021, the IRC recommended positions on the following State and Federal legislation,
which are being presented to the City Council for consideration:
City of Huntington Beach Page 1 of 3 Primed on 7282021
--' .1%,eas•a-
File #: 21-570 MEETING DATE: 8/3/2021
1. SUPPORT IF AMENDED - AB 1201 (Ting) - Labelling of Plastic Products for
Compostability and Biodegradability
This bill would prohibit the sale of a plastic product that is labeled with the term "compostable,"
"home compostable," or "soil biodegradable" unless, at the time of sale or offering for sale, the
product has a certification from a third-party certification entity that is approved by CalRecycle;
does not include intentionally added perfluoroalkyl or polyfluoroalkyl substances; is clearly
distinguishable from noncompostable products; and is an allowable organic input under the
requirements of the US Department of Food and Agriculture and California Department of Food
and Agriculture. The IRC commends AB 1201's environmental justice initiative, but would only
support if amended to include additional requirements that more clearly identify plastics that are
truly compostable. The proposed requirements include meeting applicable American Society for
Testing and Materials (ASTM) standards for compostability; be clearly distinguishable as
compostable with certain labeling requirements including the use of specific marks and colors:
and must not be made from naturally occurring materials such as paper, wood, and starches. At
this time. California statute allows non-biodegradable plastics to be labeled `'compostable" without
having to meet certain standards.
2. WATCH - SB 1 (Atkins) - Environmental, Public Health, and Workers Defense Act of 2019
This bill requires state and regional agencies to identify, assess, and, to the extent feasible and
consistent with their statutory authorities, minimize and mitigate the impacts of sea level rise. It
also requires the California Coastal Commission (CCC) to adopt, after a public hearing,
procedures related to Local Coastal Programs (LCPs) that provide recommendations and
guidelines to incorporate new information as it becomes available, for the identification,
assessment, minimization, and mitigation of sea level rise. Additional funding may be available
for existing environmental justice programs focused on disadvantaged communities. There is
concern over an existing CCC position that publicly owned and maintained flood protection
devices - including those owned and maintained by the OC Flood Control District - cannot be
relied upon by projects and planning documents to mitigate and assess risks from future sea level
rise. Considering many of these facilities provide flood protection for thousands of homes,
businesses, and critical infrastructure projects, the IRS is requesting an amendment to SB 1 to
provide clarity on this existing CCC position. Maintaining this position may preclude large areas
within the coast zone from planning efforts that may include priority housing goals of statewide
importance and other issues. The IRC will watch this bill as it develops.
3. WITHDRAW OPPOSITION - AB 339 (Lee) - Public Meeting Participation Requirements
AB 339 would require all public meetings to include a call-in option and an internet-based service
option with extensive closed captioning services. This bill would also require legislative bodies to
translate all agendas and instructions for accessing the meeting into languages for which 5% of
the population in the area governed by the local agency are speakers, as well as in-person
translation services. Lastly, the bill would require local agencies to provide in-person translation
services for the aforementioned languages. The City initially registered an oppose position,
because the bill did not account for how local agencies will implement and fund these extensive
technological and staffing requirements. However, the bill was recently amended to apply only to
cities and counties with over 250,000 residents. As such, the bill no longer applies to Huntington
Beach, and the IRC recommends withdrawing its oppose position.
4. Submit two requests to the Orange County and State Redistricting Commissions
City of Huntington Beach Page 2 of 3 Printed on 712812021
oo.e,ed70 Leas:ar"'
File #: 21-570 MEETING DATE: 8/3/2021
Following each Census, the State and Counties undergo an extensive redistricting process that
takes into consideration geographic and demographic changes that have occurred over the
previous 10 years. With the completion of the 2020 Census, both governing bodies have initiated
the redistricting process which are driven by several criteria for each newly formed, modified, or
preserved district including equal populations; compliance with the Voting Rights Act to ensure
minority populations have an equal opportunity to elect representatives of their choice; contiguity
to keep all parts of a community's districts connected; minimization of the division of a community;
geographically compact: and other criteria. Both the State and County's public input processes
are well underway, and the IRC recommends submitting a letter to both agencies with the
following two requests: 1 ) that Huntington Beach districts remain contiguous and the City remain
as minimally divided as possible; and 2) that Huntington Beach remain in districts that include
other coastal communities due to the similarity of our interests and needs.
Environmental Status:
Not applicable.
Strategic Plan Goal:
Non Applicable - Administrative Item
Attachment(s):
1. AB 1201 (Atkins)
2. SB 1 (Ting)
3. AB 339 (Lee)
City of Huntington Beach Page 3 of 3 Printed on 7/28/2021
oowered_kL Legistar'•
AMENDED IN ASSEMBLY JUNF.. 24, 2021
AMENDED IN SENATE MARCH 23. 2021
SENATE BILL No. 1
Introduced by Senator Atkins
(Principal coauthor: Senator Stern)
(Principal coauthor: Assembly Member Petrie-Norris)
(Coauthors: Senators Hertzberg, Hueso, Laird, Limon, and
Portantino)
December 7. 2020
An act to amend Sections 30001.5, 30501, and 71116 of, to add
Section 30421 to, to add Article S (commencing with Section 30270)
to Chapter 3 of Division 20 of, and to add Division 20.6.5 (commencing
with Section 30970) to, the Public Resources Code, relating to coastal
resources.
LEGISLATIVE COUNSEL'S DIGEST
SB 1, as amended, Atkins. Coastal resources: sea level rise.
(1) Existing law, the California Coastal Act of 1976, establishes the
California Coastal Commission and provides for planning and regulation
of development in the coastal zone, as defined. The act requires the
commission, within 90 days after January 1, 1977, to adopt, after public
hearing, procedures for the preparation, submission, approval, appeal.
certification, and amendment of a local coastal program, including a
common methodoloay for the preparation of, and the determination of
the scope of, the local coastal programs, as provided.
This bill would also include,as part of the procedures the commission
is required to adopt, recommendations and guidelines for the
identification, assessment, minimization, and mitigation of' sea level
rise within each local coastal program, as provided. The bill would
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SH 1 —2 —
delete the timcframe specified above by which the commission is
required to adopt these procedures. The bill would require the
commission to take into account the efTects of sea level rise in coastal
resource planning and management policies and activities,as provided.
In addition,the bill would require state and regional agencies to identify.
assess, and, to the extent feasible and consistent with their statutory
authorities, rttinknire avoid. minimize, and mitigate the impacts of'sca
level rise. To the extent that a regional agency is a local public agency.
this bill would impose a state-mandated local program.
The act makes legislative findings and declarations relating to the
basic goals of the state for the coastal zone.
This bill would add, as part of those goals, the goal of anticipating.
assessing, planning for. and,to the extent feasible, minatnizing aroidiirg.
minimizing, and mitigating the adverse environmental and economic
efTects of sea level rise within the coastal zone.
(2) Existing law requires the Natural Resources Agency, in
collaboration with the Ocean Protection Council, to create and post on
an internet Nvebsite a Planning for Sea Level Rise Database describing
steps being taken throughout the state to prepare for, and adapt to, sea
level rise.
This bill would create within the council the California Sea Level
Rise State and Regional Support Collaborative. The bill would require
the collaborative, among other things, to provide state and regional
information to the public and support to local, rcuional, and other state
agencies for the identification,assessment,planning,and,where feasible.
the mitigation of the adverse environmental,social,and economic effects
of sea level rise, as provided. The bill would require, upon appropriation
in the annual Budget Act, the collaborative to expend no more than
S 100,000,000 annually from appropriate bond funds and other sources
for the purpose of making grants to local and regional governments to
Update local and regional land use plans to take into account sea level
rise and for directly related investments to implement those plans, as
provided. The bill would require the Secretary for Environmental
Protection and the Secretary of the Natural Resources Agency, as part
of the adoption of the annual Budget Act, to annually appear before the
budget committees of both houses of the Legislature regarding the
implementation of the above provisions.
(3) Existing lacy establishes the Environmental Justice Small Grant
Program under the jurisdiction of the California Environmental
Protection Agency, with the purpose to provide grants to eligible
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community groups that are located in areas adversely affected by
environmental pollution and hazards and that are involved in work to
address environmental justice issues. Existing law authorizes the
Secretary for Environmental Protection to expend up to S 1 500.000 per
year for purposes of this grant program.
This bill would instead authorize the secretary to expend up to
S2,000.000 per year for purposes ofthe grant program and would require
up to S500,000 of that money to be expended by the secretary for grants
to organizations working to address and mitigate the effects of sea level
rise in disadvantaged communities, as defined. impacted by sea level
rise.
(4) The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated b_v the state.
reimbursement for those costs shall be made pursuant to the statutory
provisions noted above.
Vote: majority. .Appropriation: no. Fiscal committee: yes.
State-mandated local program: ves.
The people of the State of California clo enact as follows:
1 SECTION I. Section 30001.5 of the Public Resources Code
2 is amended to read:
3 30001.5. The Legislature further finds and declares that the
4 basic goals of the state for the coastal zone are to:
5 (a) Protect, maintain, and, where feasible, enhance and restore
6 the overall quality of the coastal zone environment and its natural
7 and artificial resources.
S (b) Ensure orderly, balanced utilization and conservation of'
9 coastal zone resources takin<_= into account the social and economic
10 needs of the people of the state.
I I (c) Maximize public access to and along the coast and maximize
12 public recreational opportunities in the coastal zone consistent
13 with sound resources conservation principles and constitutionally
14 protected rights of private property owners.
15 (d) Ensure priority for coastal-dependent and coastal-related
16 development over other development on the coast.
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1 (e) Encourage state and local initiatives and cooperation in
2 preparing procedures to implement coordinated planning and
3 development for mutually beneficial uses, including educational
4 uses, in the coastal zone.
3 (f) Anticipate, assess, plan for, and, to the extent feasible,
6 mimirm ze avoid, minimize. and mitigate the adverse environmental
7 and economic effects of sea level rise within the coastal zone.
S SEC. 2. Article S (commencing with Section 30270) is added
9 to Chapter 3 of Division 20 of the Public Resources Code, to read:
10
1 I Article S. Sea Level Rise
12
13 30270. The commission shall take into account the effects of'
14 sea level rise in coastal resources planning and management
15 policies and activities in order to identify,assess, and, to the extent
16 feasible, avoid and mitigate the adverse effects of sea level rise.
17 SEC. J. Section 30421 is added to the Public Resources Code,
IS to read:
19 30421. State and regional agencies shall identify, assess, and.
20 to the extent feasible and consistent with their statutory authorities,
21 minir»ize avoid, minimize, and mitigate the impacts of sea level
22 rise.
23 SLC. 4. Section 30501 of the Public. Resources Code is
24 amended to read:
25 30501 . The commission shall adopt, after public hearing,
26 procedures for the preparation, submission. approval, appeal.
27 certification, and amendment ofa local coastal program, including,
28 but not limited to. all of the following:
29 (a) A common methodology for the preparation of and the
30 determination of the scope of, the local coastal programs, taking
31 into account the fact that local governments have diflering needs
32 and characteristics.
33 (b) Recommended uses that are of more than local importance
34 that should be considered in the preparation of local coastal
35 programs. Those uses may be listed generally or the commission
36 may, from time to time, recommend specific uses for consideration
37 b_v a local government.
3S (c) Recommendations and guidelines.which shall be periodically
39 updated by the commission to incorporate new information as it
40 becomes available, for the identification,assessment, minimization,
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I and mitigation of sea level rise within each local coastal program.
2 taking into account local and regional conditions and the differing
3 capacities and funding available to local governments.
4 SEC. 5. Division 20.6.5 (commencing with Section 30970) is
5 added to the Public Resources Code, to read:
6
7 DIVISION 20.6.5. CALIFORNIA SEA LEVEL RISE
8 MITIGATION AND ADAPTATION ACT OF 2021
9
10 30970. This division shall be known, and may be cited, as the
I I California Sea Level Rise Mitigation and Adaptation Act of 2021.
12 30971. The Legislature finds and declares all of the following:
13 (a) California has 1.264 miles of coastline, and, if small bays
14 and inlets are included. it has up to 3,000 miles of coastline located
15 on the western seaboard of the United States, all of which is prone
16 to the severe and pervasive effects of sea level rise.
17 (b) According to the "State of California Sea-Level Rise
IS Guidance Document-' issued by the Natural Resources Agency
19 and the Ocean Protection Council, the impacts of sea level rise on
20 the state will be significant and pervasive, and could occur as soon
21 as within the nest decade.
22 (c) (1) As with most impacts from climate change, the impacts
23 of sea level rise are both environmental and economic. including
24 losses to publicly owned infrastructure, such as airports, rail lines.
25 streets and highways, pipelines, waste water treatment plants,
26 schools, hospitals, and other facilities.
27 (2) For example, the catastrophic inundation, flooding, and
28 property damage from a small rise in sea level, combined with a
29 1-in-10 likelihood of a Pacific storm, could amount to tens of
30 billions of dollars in uninsured losses of structures and properties.
31 (3) A 2015 assessment by the Risky Business Project, led by
32 former United States Secretary of the'freasury Henry Paulson and
33 other business leaders, found that between eight billion dollars
34 (S8.000,0007000) and ten billion dollars (S10,000,000,000) of
35 existing property in the state is likely to be underwater by the year
36 2050 if current trends continue.
37 (4) According to the 2015 National Oceanic and Atmospheric
3S Administration report. The National Significance of California's
39 Coastal Economy. "California's 19 coastal counties generated
40 S662 billion in wages and 51.7 trillion in GDP in 2012" and
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1 "California's ocean-related activities represent a substantial portion
2 of the U.S. ocean economy as a whole-13 percent of the
3 establishments, 14 percent of the employment and wages, and 12
4 percent of the GDP in 2012.' all of which would be adversely
5 aFlected by sea level rise.
6 (5) Recent reports in periodicals, such as the Los Angeles Times.
7 state succinctly that "Destruction from sea level rise in California
8 could exceed worst wildfires and earthquakes.
9 (d) I-or the economy, the natural environment, and the people
10 of California, it is urgent that the state enact new statutes to plan
I 1 for, anticipate, and respond to sea level rise.
12 (e) The purpose of' this division is to establish new planning,
U assessment, fundine, and mideation tools for California to address
14 and respond to sea level rise.
15 30972. (a) (1) There is hereby created within the Ocean
16 Protection Council the California Sea Level Rise State and
17 Regional Support Collaborative.
18 (2) In its role as the collaborative, the Ocean Protection Council
19 shall coordinate with the other state planning and coastal
20 management aeencies, includine. but not limited to. the Office of
21 Plannine and Research, the Strateeic Growth Council, the State
22 Lands Commission, the California Coastal Commission, the State
23 Coastal Conservancy, and the San Francisco Bay Conservation
24 and Development Commission, to administer the grants and on
25 the kind of information evil support it provides local. regional.
26 anal other stave agencies consistent with their statutory authority.
27 (b) "Ilia collaborative shall provide state and regional information
28 to the public and support to local,regional,and other state aeencies
29 for the identification, assessment, planning, and, where feasible,
30 the miti.uation ofthe adverse environmental, social, and economic
31 effects of sea level rise within the coastal zone and the area under
32 the jurisdiction of the San Francisco Bay Conservation and
33 Development Commission, pursuant to Section 66610 of the
34 Government Code. The support the collaborative provides to local
35 and regional agencies shall inclucle, but not be limited ro, technical
36 assistance on updating local and regional land use plans to take
37 into account seo level rise.
38 30973. (a) Upon appropriation by the Legislature in the annual
39 Budeet Act, the collaborative shall expend not more than one
40 hundred million dollars(5100,000,000)annually from appropriate
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I bond funds and other sources for the purposes of making grants
2 to local and regional governments to update local and regional
3 land use plans to take into account sea level rise, and for directly
4 related investments to implement those plans. Priority shall be
5 given to those local and regional governments that have agreed
6 most effectively and urgently to plan for and implement actions
7 to address sea level rise.
S (b) As part of' the adoption of the annual Budget Act, the
9 Secretary of Environmental Protection and the Secretary of' the
10 Natural Resources Agency shall annually appear before the budget
I I committees of' both houses of the Legislature regarding the
12 implementation of this division.
13 SEC. 6. Section 71116 of the Public Resources Code is
14 amended to read:
15 71116. (a) The Environmental Justice Small Grant Program
16 is hereby established under the jurisdiction of the California
17 Environmental Protection Agency. The California Environmental
IS Protection Agency shall adopt regulations fir the implementation
19 of' this section. These regulations shall include, but need not be
20 limited to, all of'the following:
21 (1) Specific criteria and procedures for the implementation of
22 the program.
23 (2) A requirement that each grant recipient submit a written
24 report to the agency documenting its expenditures of' the grant
25 funds and the results of the horded project.
26 (3) Provisions promoting the equitable distribution of grant
27 funds in a variety of areas throughout the state, xvith the goal of
28 making grants available to organizations that will attempt to
29 address environmental justice issues.
30 (b) The purpose of the program is to provide grants to eligible
31 community groups, including,but not limited to.community-based,
32 arassroots nonprofit organizations. that are located in areas
33 adversely affected by environmental pollution and hazards and
34 that are involved in work to address environmental justice issues.
35 (c) (I) Both of the following are eligible to receive nnoneys
36 from the land:
37 (A) A nonprofit entity.
38 (B) A federally recognized tribal government.
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1 (2) For purposes of this section, "nonprofit entity" means any
2 corporation, trust, association, cooperative, or other organization
3 that meets all of the followini? criteria:
4 (A) Is operated primarily for scientific, educational, service,
5 charitable, or other similar purposes in the public interest.
6 (13) Is not organized primarily for profit.
7 (C) Uses its net proceeds to maintain. improve, or expand, or
3 any combination thereof, its operations.
9 (D) Is a tax-exempt organization under Section 501(c)(3) of the
10 federal Internal Revenue Code, or is able to provide evidence to
1 I the agency that the state recognizes the organization as a nonprofit
12 entity.
13 (3) For purposes ofthis section, "nonprofit entity" specifically
14 e.ccludes an organization that is a tax-exempt organization under
15 Section 501(c)(4) ofthe federal Internal Revenue Code.
16 (d) Individuals may not receive grant moneys from the fund.
17 (e) Grant recipients shall use the grant award to fund only the
18 project described in the recipient's application. Recipients shall
19 not use the grant funding to shift moneys from existin« or proposed
20 projects to activities for which grant finding is prohibited under
21 subdivision (g).
22 (f) Grants shall be awarded on a competitive basis for projects
23 that are based in communities with the nnost significant exposure
24 to pollution. Grants shall be limited to any of the following
25 purposes and no other:
26 (1) Resolve environmental problems through distribution of
27 information.
28 (2) Identify improvements in conununication and coordination
29 among agencies and stakeholders in order to address the most
30 siunificant exposure to pollution.
31 (3) Expand the understanding of a community about the
32 environmental issues that affect thcir community.
33 (4) Develop guidance on the relative significance of various
34 environmental risks.
35 (5) Promote community involvement in the decisionnnaking
36 process that affects the environment of the community.
37 (6) Present environmental data for the purposes of enhancing
38 community understanding of environmental information systems
39 and environmental information.
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I (g) (I) The agency shall not award grants for,and grant funding
2 shall not be used for. any of the following:
3 (.A) Other state grant programs.
4 (B) Lobbying or advocacy activities relating to any federal,
5 state, regional, or local legislative, quasi-legislative, adjudicatory,
6 or quasi-judicial proceeding involving development or adoption
7 of statutes, guidelines, rules. regulations, plans or any other
S governmental proposal, or involving decisions concerning siting.
9 permitting, licensing, or any other governmental action.
10 (C) Litigation, administrative challenges, enforcement action.
I I or any type of adjudicatory proceeding.
12 (D) Funding of a lawsuit against any governmental entity.
13 (E) Funding of a lawsuit against a business or a project owned
14 by a business.
15 (F) Matching state or federal funding.
16 (G) Performance of any technical assessment for purposes of
17 opposing or contradicting a technical assessment prepared by a
1S public agency.
19 (2) An organization's use of funds from a grant awarded under
20 this section to educate a community regarding an environmental
21 justice issue or a governmental process does not preclude that
22 organization from subsequent lobbying or advocacy conceming
23 that same issue or govemmental process, as long as the lobbying
24 or advocacv is not funded by a grant awarded under this section.
25 (h) The agency shall review,cvaluate,and select grant recipients.
26 and screen grant applications to ensure that they meet the
27 requirements of this section.
28 (i) The maximum amount ofa grant provided pursuant to this
29 section may not exceed fifty thousand dollars (550,000).
30 0) For purposes ofthis section, "environmental justice' has the
31 same meaning as defined in Section 65040.12 of the Government
32 Code.
33 (k) (I) The Secretary for Environmental Protection may expend
34 up to two million dollars (52,000,000) per year for the purposes
35 of this section.
36 (2) (A) Of the amount described in paragraph (1), up to five
37 hundred thousand dollars (5500,000) shall be expended by the
3S Secretary for Environmental Protection for grants to organizations
39 working to address and mitigate the effects of sea level rise in
40 disadvantaged communities impacted by sea level rise.
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1 (B) I-or purposes of this section. "disadvantaged community"
2 shall have the same meaning as defined in Section 71 1 IS.
3 (1) Board, departments, and offices within the California
4 Environmental Protection Agency may allocate funds from various
5 special funds,settlements,and penalties to implement this program.
6 SEC. 7. Ifthe Commission on State Mandates determines that
7 this act contains costs mandated by the state, reimbursement to
S local agencies and school districts for those costs shall be made
9 pursuant to Part 7 (commencing with Section 17500) of Division
10 4 of Title 2 of the Government Code.
O
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AMENDED IN SENATE JUNE 23, 2021
AMENDED IN ASSEMBLY APRIL 5, 2021
CALIFORNIA LFCISLATURE-2021-22 REGULAR SESSION
ASSEMBLY BILL No. 1201
Introduced by Assemble Members Ting, Friedman,
Lorena Conzalez, and Mathis
February 18. 2021
An act to amend Seetien Sections 42356 and 42357 of the Public
Resources Code, relating to solid waste.
LECISLA'r IVE COUNSEL'S DIGEST
A13 1201, as amended, Ting. Solid waste: plastic products: labeling:
compostability and biodegradability.
Existina law prohibits a person from selling a plastic product that is
labeled as "compostable" or "home compostable" unless, at the time
of' sale, the plastic product meets a specified specification or has a
specified certification, as provided. Existing lass' prohibits the sale of a
plastic product that is labeled as "biodegradable;' "degradable;' or
"decomposable:'and prohibits implying that a plastic product will break
down, fragment, biodegrade, or decompose in a landfill or other
environment, unless the plastic product meets one of several specified
standards relating to environmental marketing claims. EsislhW low
awhori=es a person to sell commercial agricultural mulch fibn labeled
with the term "soil bioclegrctdable"onh if the Department of Resources
Rec-Vclhtg and Recovery has adopted a certain spec cation and the
commercial agricultural mulch filnr is certified to meet both that
spec cation and the AST,19 stnndarcl specification for compostabilit .
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Existing law authorizes the Director of' Resources Recycling and
Recovery to issue guidelines (br determining, whether a plastic product
is not compliant with these labeling requirements, and whether a plastic
product is desi-ned, pigmented, or advertised in a manner that is
misleading to consumers.
This hill irotild adclitiorhallt,prohibit a person fi-om offering for sale
a plastic product that is labeler! as "compostable" or "home
compostahle" unless, cn the time of sale or o/fering.lor sale, the plastic
product meets that specified specification or has than specified
certification and would additionally prohibit a person fiom offering
for sale a plastic product that is labeled as "biodegradable."
"degradable." at- -decomposable, unless the plastic product meets
one of those specified standards relating to environmental marketing
claims. The bill mould additionally authorize a person to offer for sale
commercial agricultural mulch fhhn labeled with the Perm "soil
biodegradable"i f the department adopts that speci/rcatioir and the film
has than cent f cation.
This bill would prohibit a person from selling or gffering for .sale a
plastic product that is labeled with the term
"compostable- or "home
compostable"unless the product meets specified standards and satisfies
specified criteria.The bill would authorize the
R_ ., _, _y _.. , ; department to adopt regulations for plastic
product labeling to ensure that plastic products labeled "compostable"
or"home compostable"are clearly distinguishable from noncompostable
products upon quick inspection by consumers and solid waste processing
faeifitie�facilities. as specified.
This bill would also revise a related definition of".supplier"
Vote: majority. Appropriation: no. Fiscal committer. yes.
State-mandated local program: no.
The people of the .State of California do enact cis follows:
I SLCTION 1. .Section 42356 of the Public Resources Code is
2 amended to read:
3 42156. For purposes ol'this chapter, the following definitions
4 apply:
5 (a) "ASTM" means the ASTM International.
6 (b) (1) `AST,IM standard specification" means either of the
7 following:
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1 (A) The ASIT9 Standard Specification for Labeling of Plastics
2 Designed to be Aerobically Composted in Municipal or Industrial
3 Facilities D6400, as published in 2019. except as provided in
4 subdivision (c) of Section 42356.1.
5 (13) The ASTM Standard Specification for Labeling of End
6 Items that Incorporate Plastics and Polymers as Coatings or
7 Additives with Paper and Other Substrates Designed to be
8 Aerobically Composted in Municipal or Industrial Facilities D6868,
9 as published in 2019, except as specified in subdivision (c) of
10 Section 42356.1 .
11 (2) "ASTM standard specification" does not include an ASTM
12 Standard Guide. a Standard Practice, or a Standard Test Method.
13 (c) "Department"means the Department of Resources Recycling
14 and Recover%.
15 (d) "Director' means the Director of Resources Recycling and
16 Recovery.
17 (e) "Manufacturer' means a person, firm, association.
18 partnership, or corporation that produces a plastic product.
19 (1) "OK compost HOME certification" means certification of
20 conformity with the existing TUV Austria certification "OK
21 compost HOME certification"which. as of January 1, 2011, uses
22 European Norm 13432 standard adapted to low-temperature
23 composting in accordance with the TUV Austria program "OK
24 2-Home Compostability of Products."
25 (g) "Plastic product'' means a product made of plastic, whether
26 alone or in combination with other material. including, but not
27 limited to, paperboard.A plastic product includes. but is not limited
28 to, anv of the following:
29 (1) (A) Aconsumerproduct.
30 (B) For purposes of this paragraph, "consumer product" means
31 a product or part of a product that is used, bought, or leased for
32 use by a person for any purpose.
33 (2) A package or a packaging component.
34 (3) A bag, sack, wrap, or other thin plastic sheet film product.
35 (4) A food or beverage container or a container component,
36 including, but not limited to, a straw, lid. or utensil.
37 (It) "Supplier' means a person who does one or more of the
38 following:
39 (1) Sells, offers for sale, or oilers for promotional purposes a
40 plastic product that is used-.product.
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1 (2) "fakes title to a plastic product, produced either domestically
2 or in a foreign country, that is purchased for resale or promotional
3 purposes.
5 SIC. 2. Section 42357 of the Public Resources Code is
6 amended to read:
7 42357. (a) (1) Except as provided in paragraph (3), a person
s shall not sell or offer for sale a plastic product in this state that is
9 labeled with the term "compostable' or "home compostable"
10 unless, at the time of sale or offering f n- sale, the plastic product
I I meets the applicable ASTM standard specification, as specified
12 in paragraph (1) of" subdivision (b) of Section 42356, or, if
13 applicable, the plastic product has OK compost HUME
14 certification, as provided in paragraph (4).
15 (2) Compliance with only a section or a portion of a section of"
16 an applicable ASTM standard specification does not constitute
17 compliance with paragraph (I ).
Is (3) Notwithstanding paragraph (I), a person may sell or gJfer
19 for.cale a plastic product in this state that is labeled with a qualified
20 claim for a term specified in paragraph (1), ifthe plastic product
21 meets the relevant standard adopted by the department pursuant
22 to Section 42356.2.
23 (4) (A) A plastic product shall not be labeled with the term
24 `home compostable"unless the manufacturer of that plastic product
25 holds OK compost HOME certification with regard to that product.
26 except as provided in subparagraph (B) or (C).
27 (13) Notwithstanding paragraph (1), if the ASTM adopts a
28 standard specification for the term "home compostable" on or
29 before January I, 2016, and the department determines that the
30 ASTh4 standard specification is at least equal to,or more stringent
31 than, the OK compost HOME certification, a plastic product
32 labeled with the term "home compostable' shall meet that ASTM
33 standard specification. The department may also take the actions
34 specified in Section 42356.1 with regard to an ASTN1 standard for
35 home compostability.
36 (C) If' the department adopts a standard pursuant to Section
37 42356.2, a plastic product labeled with the term "home
38 compostable" shall meet that standard and not the standard
39 specified in subparagraph (A) or (13).
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1 (b) Except as provided in subdivision (a) or (t), a person shall
2 not sell or o ferforsale a plastic product in this state that is labeled
3 with the term "biodegradable, degradable," or "decomposable,"
4 or any form ol'those terms, or in any way imply that the plastic
5 product will break down, fragment, biodegrade, or decompose in
6 a landfill or other environment.
7 (c) The director may issue guidelines, consistent with this
S chapter, for determining whether a plastic product is not compliant
9 with the labeling requirements ofthis section.and whether plastic
10 product is designed. pigmented. or advertised in a manner that is
I I misleading to consumers.
12 (d) A manufacturer or supplier, upon the request of a member
13 of the public, shall submit to that member, within 90 days of the
14 request. infonnation and documentation demonstrating compliance
15 with this chapter, in a format that is easy to understand and
16 scientifically accurate.
17 (e) A product that is in compliance with this chapter shall not.
IS solely as a result ofthat compliance, be deemed to be in compliance
19 with any other applicable marketing requirement or guideline
20 established under state law or by the Federal Trade Commission.
21 (1) (I) The department may adopt the European Committee for
22 Standardization's standard specification EN 17033:2015 entitled
23 "Plastics—Biodegradable mulch films for use in agriculture and
24 horticulture—Requirements and test methods' or may adopt a
25 standard that is equivalent to,or more stringent than. that standard,
26 as it read on January 1. 2020.
27 (2) A person may sell or gferforsale commercial agricultural
28 mulch film labeled with the term "soil biodegradable" only if the
29 department has adopted the standard specification, or an equivalent
30 or more stringent standard, pursuant to paragraph (1) and the
31 commercial agricultural mulch film is certified to meet both that
32 specification and the ASTM standard specification to
33 compostability.
34 (3) For purposes of this subdivision, "commercial agricultural
35 mulch film" means film plastic that is used only as a technical tool
36 in commercial farming applications.
37 (g) (1) A person shall not sell o1-g1Jerforsa1ea plastic product
38 in this state that is labeled with the term eompostable� "!ionic
39 eompomable� _ "compostable" or "home
40 compos7able" unless the product satisfies all of the Following:
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AB 1201 —6—
I —trt)r
2 earltpostability.
3 E►�
4 (A) Has certification from the Biodegradable Productste
parngraph _ , Institute. Compost
6 Alantfacturutg Alliance. or another third-pm tY certitication entitn
7 that is approvecl bn the deperrlment for meeting compostability
S and toxicity standards.
9
10 (B) On and gfterdanuarn /, 2026, is an allowable organic input
I I under the requirements of the National Organic Program and the
12 Department of Food and Agriculture's Organic Input Material
13 Program. The director mcnV grant a fine-year extension fi7r
14 complying with this requirement if either of the following apply:
15 (i) The plastic product has or will soon be, as determined by
16 the di-ecta: included on the National List of Allowed and an
17 Prohibited Substances (Sections 205.600 to 20.5.607. inclusive. of
IS Title 7 of the Code of Fecleral Regulations).
19 (n) The plastic product has or will soon be. as cleiermined by
20 due director. included as an allowable organic input for compost
21 mnder_federallaw.
22 (F3j
23 (C) Does not include intentionally added perfluoroalkyl or
24 polyfluoroalkyl substances.
25 H
26 (D) Is labeled in a manner that clearly distinguishes the product
27 from a noncompostabl product upon quick
28 inspection by consumers and solid waste processing facilities, and,
29 where possible, that includes the word"compostable."an approved
30 third-party certification mark, and the use Of green or brown colors.
31 (2) f 0r ptr
32 director—rttay—a r'
33 terifiea ' ,
34 equk-alcmt to. or fflore stringent thnn, those fequiFed by the
36 (3j
37 (2) The department may adopt regulations for plastic product
3S labeling to ensure that plastic products labeled "compostable" or
39 "home compostable" are clearly distinLuishable from
40 noncompostable products upon quick inspection by consumers
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1 and solid waste processing facilities. The department, in adopting
2 regulations pursuant to this subdivision, may consider the plastic
3 product labeling requirements of other states, stakeholder input,
4 and industry-standard suidelines to maximize consistency with
5 those requirements and _guidelines and that input when possible.
G The regulations nun, include requirements that plastic products
7 are not designed, pigmented or advertised in a manner that is
S misleaclntg to eonsumers.
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AMENDED IN SENATE JULY 5, 2021
AMENDED IN SENA"fE JUNE 25. 2021
AMENDED IN ASSEMBLY MAY 4. 2021
AMENDED IN ASSEMBLY APRIL 15, 2021
CALIFORNIA LEGISLATURE-2021-22 REGULAR SFSSION
ASSEMBLY BILL No. 339
Introduced by Assembly N'lembers Lee and Cristina Garcia
(Coauthors: Assembh, Memhers Arambula, Cooley, Kiley, and
Robert Rivas)
(Coauthor: Senator Stern)
January 28. 2021
An act to amend Section 54953 of, and to add and repeal Section
54953.9 of. the Government Code, relating to public meetings.
LFGISLATIVF COUNSE12S DIGF.SI'
AB 339, as amended. Lee. Local government: open and public
meetin_s.
Existing la%v, the Ralph N1. Brown Act, requires, with specified
exceptions. that all meetings of a legislative body of a local agency, as
those terns are defined, be open and public and that all persons be
permitted to attend and participate. Under existing law. a member of
the legislative body who attends a meeting where action is taken in
violation of' this provision, with the intent to deprive the public of
information that the member knows the public is entitled to, is guilty
of a crime.
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AB339 —2 —
This bill would require local agencies to conduct meetings subject to
the act consistent with applicable state and federal civil rights laws, as
specified.
This bill would, until December 31, 2023, require all open and public
mectines of a city council or a county board of supervisors that governs
ajurisdiction containing least 250,000 people to include an opportunity
for members of the public to attend via it two-way telephonic option or
a two-way internet-based service option,as specified,and would require
a city council or county board of supervisors that has, as of June 15,
2021. provided video streaming, as defined, of' at least one of' its
meetings to continue to provide that video streaming. The bill would
require all open and public mectines to include an in-person public
continent opportunity, except in specified circumstances during a
declared state or local emergency. The bill would require all meetings
to provide the public with an opportunity to continent on proposed
legislation in person and remotely via a telephonic or an interact-based
service option, as provided.
By imposing new duties on local govcmments and expanding the
application of a crime with respect to meetings, this bill would impose
a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act
for specified reasons.
The California Constitution requires local agencies, for the purpose
of ensuring public access to the meetings of public bodies and the
writings of public officials and agencies, to comply with a statutory
enactment that amends or enacts laws relating to public records or open
meetings and contains findings demonstrating that the enactment furthers
the constitutional requirements relating to this purpose.
This bill would make legislative findings to that effect.
The bill would include findings that changes proposed by this bill
address a matter of statewide concern rather than a municipal affair
and, therefore, apply to all cities and counties, including charter cities
and counties.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
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-3 — AB339
The people of the Stale of Cedifornia do enact as follows:
I SECTION I. Section 54953 of the Government Code is
2 amended to read:
3 54953. (a) All meetings of the legislative body of a local
4 agency shall be open and public. and all persons shall be permitted
5 to attend any meeting of the legislative body of a local agency in
6 person. except as otherwise provided in this chapter. Local agencies
7 shall conduct meetings subject to this chapter consistent with
S applicable state and federal civil rights laws, including, but not
9 limited to, the language access and other nondiscrimination
10 obligations of Section I 1135 and Subchapter V(commencing with
I 1 Section 2000d)ol'Chapter 21 of Title 42 of the United States Code.
12 (b) (1) Notwithstanding any other provision of law, the
13 legislative body of' a local agency may use teleconferencing for
14 the benefit of the public and the legislative body of a local agency
15 in connection with any meeting or proceeding authorized by law.
16 The teleconferenced meeting or proceeding shall comply with all
17 requirements of this chapter and all otherwisc applicable provisions
IS of law relating to a specific type of meeting or proceeding.
19 (2) Teleconferencing, as authorized by this section, may be used
20 for all purposes in connection with any meeting within the subject
21 matterjurisdiction of the legislative body. All votes taken during
22 a teleconferenced meeting shall be by rollcall.
23 (3) If the legislative body of a local agency elects to use
24 teleconferencing, it shall post agendas at all teleconference
25 locations and conduct teleconference meetings in a manner that
26 protects the statutory and constitutional rights of the parties or the
27 public appearing before the legislative body of a local agency.
28 Each teleconference location shall be identified in the notice and
29 agenda of the meeting or proceeding, and each teleconference
30 location shall be accessible to the public. During the teleconference,
31 at least a quorum of the members of the legislative body shall
32 participate from locations within the boundaries of the territory
33 over which the local agency exercises jurisdiction, except as
34 provided in subdivision (d). The agenda shall provide an
35 opportunity for members of the public to address the legislative
36 body directly pursuant to Section 54954.3 at each teleconference
37 location.
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AB339 —a-
1 (4) For the purposes of this section, `teleconference" means a
2 meeting ofa legislative body, the members ofwhich are in different
3 locations, connected by electronic means, through either audio or
4 video, or both. Nothing in this section shall prohibit a local agency
5 from providing the public with additional teleconference locations.
6 (c) (I) No legislative body shall take action by secret ballot,
7 whether preliminary or final.
S (2) The legislative body ofa local agency shall publicly report
9 any action taken and the vote or abstention on that action of each
10 member present for the action.
1 1 (3) Prior to taking final action, the legislative body shall orally
12 report a summary ofa recommendation for a final action on the
I3 salaries, salary schedules, or compensation paid in the form of
14 frinee benefits of a local agencv executive, as defined in
15 subdivision (d) of Section 35l I.I, during the open meeting, in
16 which the final action is to be taken."this paragraph shall not affect
17 the public's right under the California Public 13ecords Act (Chapter
is 3.5 (commencing with Section 6250) of Division 7 of Title 1) to
19 inspect or copy records created or received in the process of
20 developing the recommendation.
21 (d) (1) Notwithstanding the provisions relating to a quorum in
22 paragraph (3) of subdivision (b). if a health authority conducts a
23 teleconference meeting. members who are outside the jurisdiction
24 of the authority may be counted toward the establishment of a
25 quorum when participating in the teleconference if' at least 50
26 percent of the number of members that Would establish a quorum
27 are present within the boundaries of the territory over which the
28 authority exercises jurisdiction, and the health authority provides
29 a teleconference number, and associated access codes. if any. that
30 allows any person to call in to participate in the meeting and the
31 number and access codes are identified in the notice and aaenda
32 of the meeting.
33 (2) Nothing in this subdivision shall be construed as
34 discouraging health authority members from regularly meeting at
35 a common physical site within thejurisdiction of the authority or
36 from using teleconference locations within or near thejurisdiction
37 of the authority. A teleconference meeting for which a quorum is
3S established pursuant to this subdivision shall be subject to all other
39 requirements of this section.
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1 (3) I-or purposes of this subdivision, a health authority means
2 any entity created pursuant to Sections 14018.7. 14087.31,
3 14087.35. 14087.36. 14087.38. and 14087.9605 of the Welfare
4 and Institutions Code, anyjoint powers authority created pursuant
5 to Article I (commencing with Section 6500) of Chapter 5 of
6 Division 7 for the purpose of contracting pursuant to Section
7 14087.3 of the Welfare and Institutions Code, and any advisory
8 committee to a county-sponsored health plan licensed pursuant to
9 Chapter 2.2 (commencing with Section 1340) of Division 2 of the
10 Health and Safety Code if the advisory committee has 12 or more
11 members.
12 SEC. 2. Section 54953.9 is added to the Government Code. to
13 read:
14 54953.9. (a) A city council or a county board of supervisors
15 that governs ajurisdiction containing at least 250,000 people shall
16 comply with the following requirements:
17 (1) (A) All open and public meetings shall include an
1S opportunity for members of the public to attend via a two-wav
19 telephonic option or a two-way intemet-based service option.
20 (13) If a ci[v council or a county board of supervisors elects to
21 provide a two-way intemet-based service option, the local agency
22 shall publicly post and provide a call-in option, and activate any
23 automatic captioning Function during the meeting il'an automatic
24 captioning function is included with the system.
25 (2) (A) I1'a city council or count\, board of supervisors has. as
26 ofJunc 15, 2021, provided video streaming oftrH at least one open
27 and public meetings. meethtg, the city council or count\, board of
28 supervisors shall continue to provide that video streaming.
29 (13) "Video streaming" means media in which the data from a
30 live filming or a video file is continuously delivered via the intemet
31 to a remote user, alloying a video to be viewed online by the public
32 without being downloaded on a host computer or device.
33 (3) (A) Unless there are any lays that prohibit in-person
34 government meetings in the case of a declared state of emergency,
35 including a public health emergency, all open and public meetings
36 shall include an in-person public comment opportunity, wherein
37 members of the public can report to a designated site to give public
38 comment in person. The location of the designated site and any
39 relevant instructions on in-person commenting shall be included
40 with the public posting of the agenda.
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AB339 —6-
1 (13) All open and public meetings shall provide the public with
2 an opportunity to comment on proposed legislation via a two-way
3 telephonic or intemet-based service option, and ensure the
4 opportunity for the members of the public participating via a
.5 two-way telephonic or interact-based option to comment on agenda
6 items with the same time allounent as a person attending a meeting,
7 in person.
S (b) This section shall remain in effect only until December 31,
9 2023, and as of that date is repealed.
10 SEC. J. No reimbursement is required by this act pursuant to
1 I Section 6 ofAnicle XII113 of the California Constitution because
12 the only costs that may be incurred by a local agency or school
13 district under this act would result either from a legislative mandate
14 that is within the scope of paragraph (7) of subdivision (b) of
15 Section 3 of Article I of the California Constitution, or because
16 this act creates a new crime or infraction, eliminates a crime or
17 infraction, or changes the penalty for a crime or infraction, within
18 the meaning of Section 17556 ofthe Government Code,or changes
19 the definition of a crime within the meanie—, of Section 6 ol'Article
20 XIII B of the California Constitution.
21 SEC. 4. The Le<_>islature finds and declares that Sections I and
22 2 of this act, which amends Section 54953 of, and adds Section
23 54953.9 to, the Government Code. furthers. within the meaning
24 of paragraph (7) of subdivision (b) of Section 3 of Article I of the
25 California Constitution, the purposes of that constitutional section
26 as it relates to the right of public access to the meetings of local
27 public bodies or the writings of local public officials and local
28 agencies. Pursuant to paragraph (7) of subdivision (b) of Section
29 3 ofAnicle I of the California Constitution. the Legislature makes
30 the following findinUs:
31 The provisions of the act allow for greater public access through
32 requiring specified entities to provide a telephonic or intemet-based
11
33 service option and instructions on how to access these options to
34 the public for specified meetings.
35 SEC. 5. The Legislature finds and declares that improving
36 accessibility to open and public meetings of local legislative bodies
37 is a matter of statewide concern and is not a municipal affair as
38 that term is used in Section 5 of' Article XI of the California
39 Constitution_ Therefore, Section 2 of this act adding Section
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—7— AR 339
1 54953.9 to the Government Code applies to all cities and counties,
2 includine charter cities and counties.
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