SB 402

Bill Subjects

Abstract

(1) Existing law, the California Beverage Container Recycling and Litter Reduction Act (act) , requires that every beverage container sold or offered for sale in this state is required to have a minimum refund value. A distributor is required to pay a redemption payment for every beverage container sold or offered for sale in the state to the Department of Conservation and the department is required to deposit those amounts in the California Beverage Container Recycling Fund. The money in the fund is continuously appropriated to the department to pay refund values, administrative fees to processors, and a reserve for contingencies. A violation of the act is a crime. "Beverage" is defined, for purposes of the act, to include, among other things, beer and other malt beverages, wine and distilled spirit coolers, carbonated mineral and soda waters, noncarbonated fruit drinks, and vegetable juices, in liquid form that are intended for human consumption, but excludes from that definition vegetable drinks in beverage containers of more than 16 ounces. The act also excludes, from the definition of beverage, any product sold in a container that is not an aluminum beverage container, a glass container, a plastic beverage container, or a bimetal container. This bill would, as of July 1, 2010, revise the term beverage to include vegetable, fruit, nut, grain, or soy drinks or juices or noncarbonated drinks that contain any percentage of those drinks or juices, and would delete the requirement that a vegetable, drink, subject to the act, be sold in a container of 16 ounces or less. The bill would delete the exclusion from the term beverage, for a product that is not sold in the above-specified types of containers. The bill would additionally exclude from the definition a beverage in a flexible foil, plastic pouch, or aseptic container delivering 7 or less fluid ounces. Since the additional payments for the plastic beverage containers and other beverage containers that this bill would make subject to the act would be deposited in a continuously appropriated fund, the bill would make an appropriation. The bill would also impose a state-mandated local program by creating new crimes relating to beverage containers. (2) Existing law requires a distributor of specified beverage containers to pay a redemption payment to the Department of Conservation for each beverage container sold or transferred for deposit in the California Beverage Container Recycling Fund. The money in the fund is continuously appropriated to the department to pay refund values, administrative fees to processors, and a reserve for contingencies. This bill would raise the amount of the redemption payment paid by the distributor and the refund value, as specified. Since the increased payments for the beverage containers that are subject to the act would be deposited in a continuously appropriated fund, the bill would make an appropriation. Existing law requires that a distributor pay the redemption payment not later than the last day of the 3rd month following the sale and authorizes a distributor, upon the approval of the department, to elect to make a single annual payment if the distributor meets specified conditions and notifies the department of its intent to make annual redemption payments. This bill would require all beverage distributors to make the redemption payment no later than the last day of the 2nd month following the sale of the beverages. This bill would revise the conditions under which a distributor would be authorized to make a single annual payment. The bill would also authorize a distributor to withhold payment of redemption payments until the next payment period when the distributor has not received payment for beverage containers on which redemption payments are owed. (3) Existing law requires certified recycling centers to accept any empty beverage container from a consumer or dropoff or collection program and pay the refund value, which can be based on weight. This bill would provide, with exceptions, that a recycling center that does not receive handling fees is not required to redeem empty beverage containers of a container type not included in the program before July 1, 2009. (4) The department is authorized to make specified expenditures from the moneys remaining in the fund after the moneys for certain purposes have been set aside. This bill would increase the amount of moneys for grants to certified community conservation corps for beverage container litter reduction programs and recycling programs. The bill would suspend, for the 2009–10 fiscal year, expenditures for grants for beverage container recycling and litter reduction programs and a statewide public education and information campaign aimed at promoting increased recycling of beverage containers. The bill would eliminate funds the department is authorized to expend for grants for specified beverage container recycling and litter reduction programs. The bill would require the department, if there are any reductions in certain expenditures due to insufficient funds, on or after July 1, 2009, to provide, subject to the availability of funds, retroactive full funding, on or before July 1, 2010. The bill would require the department, for any reduction in expenditures that resulted in a reduction in the amount of funds available to make processing payments and an increase in processing fees paid by manufacturers, to credit beverage manufacturers for any overpayment of processing fees, subject to the availability of funds. (5) Existing law requires the department to continuously assist dealers and recyclers to establish certified recycling centers within in each convenience zone. This bill would provide assistance and incentives to reduce the number of zones not serviced by a certified recycling center. (6) Existing law requires that regulations governing solid waste facilities include standards for design, operation, maintenance, and ultimate reuse of solid waste facilities. This bill would prohibit those regulations from including any requirements for processors or recyclers, as defined, where the amount of outgoing solid waste is 15% or less of the total amount of incoming material received by weight calculated on a monthly basis after reasonable adjustment for the weight of moisture, and the amount of putrescible wastes in the outgoing solid waste shall be 3% or less of the amount of incoming material received by weight calculated on a monthly basis. (7) The bill would delete obsolete provisions and make conforming changes. (8) 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.