AMENDED IN ASSEMBLY APRIL 11, 2019

AMENDED IN ASSEMBLY MARCH 26, 2019

california legislature—2019–20 regular session

ASSEMBLY BILL No. 1162

Introduced by Assembly Member Kalra

(Principal coauthor: Assembly Member Mark Stone)

February 21, 2019

An act to add Chapter 6.1 (commencing with Section 42372) to Part

3 of Division 30 of the Public Resources Code, relating to lodging
establishments.

legislative counsel’s digest

AB 1162, as amended, Kalra. Lodging establishments: personal care
products: small plastic bottles.
The California Integrated Waste Management Act of 1989,
administered by the Department of Resources Recycling and Recovery,
generally regulates the disposal, management, and recycling of solid
waste. The act prohibits certain stores from providing a single-use
carryout bag to a customer at the point of sale and prohibits full-service
restaurants from providing single-use plastic straws to consumers unless
requested by the consumer.
This bill, commencing on an unspecified date, January 1, 2023, would
prohibit a lodging establishment, as defined, from providing a small
plastic bottle containing a personal care product to a person staying in
a sleeping room accommodation, in any space within the sleeping room
accommodation, or in an area that is shared by the public or guests. The
bill would require a local agency with authority to inspect sleeping
accommodations in a lodging establishment to notify lodging

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establishments of this requirement no less than one year before the

requirement would become operative. The bill would authorize a state
or local agency with authority to inspect sleeping accommodations in
a lodging establishment to enforce these requirements by issuing a
citation, provided that the agency be required to issue a written warning
upon a first violation of the above requirement, and to impose a penalty
in an unspecified amount the amount of $500 for second and a 2nd or
subsequent violations, violation, not to exceed an unspecified amount
$2,000 annually. Because the bill would impose new duties on local
agencies, the bill would impose a state-mandated local program. The
bill would provide that a lodging establishment that is in violation of
the above requirement is liable for a civil penalty in an unspecified
amount, the amount of $500 for a first violation and $2,000 for a 2nd
or subsequent violation and would authorize the Attorney General or
a district attorney, county counsel, or city attorney to bring an action
to impose the civil penalty.
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 by 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: yes.​

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

line 1 SECTION 1. Chapter 6.1 (commencing with Section 42372)

line 2 is added to Part 3 of Division 30 of the Public Resources Code, to
line 3 read:
line 4
line 5 Chapter 6.1. Small Plastic Bottles
line 6
line 7 42372. (a)  For purposes of this section, the following
line 8 definitions shall apply:
line 9 (1)  “Hosted rental” means a house, apartment, or other livable
line 10 space where the person providing sleeping accommodations is a
line 11 permanent resident who lives on the premises.

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line 1 (2)  “Lodging establishment” means an establishment that

line 2 contains one or more sleeping room accommodations that are
line 3 rented or otherwise provided to the public, including, but not
line 4 limited to, a hotel, motel, resort, bed and breakfast inn, or vacation
line 5 rental. “Lodging establishment” does not include a hospital, nursing
line 6 home, residential retirement community, prison, jail, homeless
line 7 shelter, boarding school, worker housing, long-term rental, or
line 8 hosted rental.
line 9 (3)  “Personal care product” means a product intended to be
line 10 applied to or used on the human body or any part thereof for
line 11 cleansing, conditioning, or moisturizing. “Personal care product”
line 12 includes, but is not limited to, shampoo, conditioner, lotion, and
line 13 liquid soap.
line 14 (4)  “Plastic” means any synthetic material made from organic
line 15 polymers, such as polyethylene, polyvinyl chloride (PVC), or
line 16 nylon, that can be molded into shape while soft and then set into
line 17 a rigid or slightly elastic form. “Plastic” includes all materials
line 18 identified with resin codes 1 to 7, inclusive, as provided in Section
line 19 18015.
line 20 (5)  “Small plastic bottle” means a plastic bottle or container
line 21 with less than a 12-ounce capacity that is intended to be
line 22 nonreusable by the end user.
line 23 (b)  A lodging establishment shall not provide a small plastic
line 24 bottle containing a personal care product to a person staying in a
line 25 sleeping room accommodation, in any space within the sleeping
line 26 room accommodation, or in an area that is shared by the public or
line 27 guests.
line 28 (c)  A lodging establishment is encouraged to use bulk dispensers
line 29 of personal care products to reduce plastic waste and lower
line 30 operating costs.
line 31 (d)  A state or local agency with authority to inspect sleeping
line 32 accommodations in a lodging establishment may issue a citation
line 33 for a violation of subdivision (b). Upon a first violation, the state
line 34 or local agency shall issue a written warning, which shall recite
line 35 the violation and advise that subsequent violations may result in
line 36 citations. Upon a second or subsequent violation, the state or local
line 37 agency may impose a penalty of ____dollars ($____) five hundred
line 38 dollars ($500) for each day the lodging establishment is in
line 39 violation, but not to exceed ____ dollars ($____) two thousand
line 40 dollars ($2,000) annually.

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line 1 (e)  A lodging establishment in violation of subdivision (b) is

line 2 liable for a civil penalty of ____ dollars ($____) five hundred
line 3 dollars ($500) for the first violation and ____ dollars ($____) two
line 4 thousand dollars ($2,000) for a second or subsequent violation.
line 5 The Attorney General or a district attorney, county counsel, or city
line 6 attorney may bring an action to impose a civil penalty pursuant to
line 7 this subdivision.
line 8 (f)  No less than one year before this section becomes operative,
line 9 January 1, 2023, the local agencies with authority to inspect
line 10 sleeping accommodations in a lodging establishment shall take all
line 11 reasonable efforts to notify affected lodging establishments of the
line 12 requirements imposed by this section.
line 13 (g)  This Except for subdivision (f), this section shall become
line 14 operative on ____. January 1, 2023.
line 15 SEC. 2. If the Commission on State Mandates determines that
line 16 this act contains costs mandated by the state, reimbursement to
line 17 local agencies and school districts for those costs shall be made
line 18 pursuant to Part 7 (commencing with Section 17500) of Division
line 19 4 of Title 2 of the Government Code.

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