Bill Text: CA AB686 | 2013-2014 | Regular Session | Amended
Bill Title: Alcoholic beverages: sales: distilled spirits.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2014-06-18 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB686 Detail]
Download: California-2013-AB686-Amended.html
BILL NUMBER: AB 686 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 28, 2014
AMENDED IN ASSEMBLY MAY 24, 2013
AMENDED IN ASSEMBLY MAY 7, 2013
AMENDED IN ASSEMBLY MARCH 19, 2013
INTRODUCED BY Assembly Member Quirk
FEBRUARY 21, 2013
An act to add and repeal Section 25201.18 of the Health
and Safety Code, relating to hazardous waste. An act
to add Section 23363.4 to the Business and Professions Code, relating
to alcoholic beverages.
LEGISLATIVE COUNSEL'S DIGEST
AB 686, as amended, Quirk. Hazardous waste:
pharmaceutical facilities. Alcoholic beverages:
sales: distilled spirits.
The Alcoholic Beverage Control Act contains various provisions
regulating the application for, the issuance of, the suspension of,
and the conditions imposed upon, alcoholic beverage licenses by the
Department of Alcoholic Beverage Control. The act permits the holder
of a manufacturer's license to sell alcoholic beverages to specified
licensed parties only and not to the general public. The act provides
that a violation of its provisions is a misdemeanor, unless
otherwise specified.
This bill would authorize distilled spirits manufacturers to sell
general merchandise, food, nonalcoholic beverages, and distilled
spirits to consumers for consumption on the licensed premises where
sold. Because the violation of a provision of a license is punishable
as a misdemeanor and the bill would broaden the range of activities
a distilled spirits manufacturer's license authorizes, the bill would
expand the definition of an existing crime, thereby imposing 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 a specified reason.
Existing law requires hazardous waste facilities, including, but
not limited to, treatment facilities, to operate under hazardous
waste facilities permits or other grants of authorization issued by
the Department of Toxic Substances Control. Existing law exempts
pharmaceutical neutralization activities from certain requirements of
the hazardous waste control laws and certain regulations adopted
pursuant to that law if specified conditions are met with regard to
the pharmaceutical manufacturing or process development activities,
including the management of air emissions and wastes generated as a
result of those activities.
This bill would require the department, by January 1, 2016, to
develop recommendations for standards and guidelines for the
operation of onsite waste management and recycling of hazardous waste
at facilities engaged in pharmaceutical manufacturing or
pharmaceutical process development. The department would be required,
by January 1, 2016, to submit a report to the Legislature on those
recommendations, including any recommended statutory and regulatory
actions needed to assure the safe and efficient management of waste
from pharmaceutical manufacturing or pharmaceutical process
development activities. The bill would repeal this report requirement
on January 1, 2019.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 23363.4 is added to the
Business and Professions Code , to read:
23363.4. (a) A distilled spirits manufacturer, notwithstanding
any other provision of this division, may sell general merchandise,
food, nonalcoholic beverages, and distilled spirits to consumers for
consumption on the licensed premises where sold.
(b) The Legislature finds that it is necessary and proper to
require a separation between manufacturing interests, wholesale
interests, and retail interests in the production and distribution of
alcoholic beverages in order to prevent suppliers from dominating
local markets through vertical integration and to prevent excessive
sales of alcoholic beverages produced by overly aggressive marketing
techniques. The Legislature further finds that the exception
established by this section to the general prohibition against tied
interests shall be limited to its express terms so as not to
undermine the general prohibition, and intends that this section be
construed accordingly.
SEC. 2. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.
SECTION 1. Section 25201.18 is added to the
Health and Safety Code, to read:
25201.18. (a) On or before January 1, 2016, the department shall
develop recommendations for standards and guidelines for the
operation of onsite hazardous waste management and recycling
activities at facilities engaged in pharmaceutical manufacturing or
pharmaceutical process development. The recommendations shall
consider, but are not limited to, all of the following:
(1) Actions to reduce the production and offsite disposal of
hazardous waste from pharmaceutical manufacturing operations.
(2) Actions to provide incentives to reduce greenhouse gas
emissions through increased energy efficiency.
(3) Recommended permit conditions or other requirements for onsite
waste management within a pharmaceutical manufacturing facility to
ensure the protection of public health and the environment and that
recognize the unique federal and state requirements that apply to
pharmaceutical manufacturing.
(b) On or before January 1, 2016, the department shall submit a
report to the Legislature in compliance with Section 9795 of the
Government Code on the recommendations developed pursuant to
subdivision (a), including any recommended statutory and regulatory
actions needed to assure the safe and efficient management of
hazardous waste from pharmaceutical manufacturing or pharmaceutical
process development activities.
(c) This section shall remain in effect only until January 1,
2019, pursuant to Section 10231.5 of the Government Code and as of
that date is repealed, unless a later enacted statute, that is
enacted before January 1, 2019, deletes or extends that date.
