BILL ANALYSIS Ó
AB 1019
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator S. Joseph Simitian, Chairman
2011-2012 Regular Session
BILL NO: AB 1019
AUTHOR: John A. Pérez
AMENDED: September 2, 2011
FISCAL: Yes HEARING DATE: September 7,
2011
URGENCY: Yes CONSULTANT: Caroll
Mortensen
SUBJECT : CARPET RECYCLING
SUMMARY :
Existing law :
1) Establishes a Carpet Product Stewardship Program for the
purpose of increasing the amount of postconsumer carpet
that is diverted from landfills (Public Resources Code
§42970 et seq.).
2) Prohibits carpet producers and retailers from selling
carpet in California unless the producer or a carpet
stewardship organization has submitted a stewardship plan
to the Department of Resources Recycling and Recovery
(DRRR) with the goal of increasing the recycling of
postconsumer carpet
(§42974).
3) Requires, on and after July 1, 2011, but not on or after
January 1, 2013, a manufacturer of carpet shall add a
carpet stewardship assessment of five cents ($0.05) per
square yard to the purchase price of all carpet sold in the
state by that manufacturer. The assessment shall be
remitted on a quarterly basis, as appropriate, to the
stewardship organization to begin early action measures for
carpet recycling and to support the implementation of the
stewardship plans (§42972.5).
4) Proposition 26, approved by the voters by initiative on
November 2, 2010, amends Article XIII A of the California
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Constitution to provide that certain levies, charges, or
exactions imposed by the state and adopted after January 1,
2010, but before November 3, 2010, is void 12 months after
the November 3, 2010, effective date of Proposition 26
unless it is reenacted in compliance with the requirements
of Article XIII A of the California Constitution.
This bill reenacts the state law that enacted the Carpet
Product Stewardship Program and provides that it will continue
to be operative on and after November 3, 2011.
COMMENTS :
1) AB 1019 referred to Committee pursuant to Rule 29.10 .
September 2, 2011 Senate Floor amendments removed the
provisions heard by the Committee on June 20, 2011 and
added a provision, with an urgency clause, to reenact the
Carpet Product Stewardship Program that was not heard by
the Committee. This new provision is necessary to remove
any uncertainty that the program will continue to be
implemented.
2) Purpose of Bill . Proposition 26, approved by the voters by
initiative on November 2, 2010, amends Article XIII A of
the California Constitution to provide that certain levies,
charges, or exactions imposed by the state and adopted
after January 1, 2010, but before November 3, 2010, is void
12 months after the November 3, 2010, effective date of
Proposition 26 unless it is reenacted in compliance with
the requirements of Article XIII A of the California
Constitution. AB 1019 will remove any uncertainty that the
program will continue to be implemented.
This bill would reenact the state law that enacted the
carpet stewardship program and would provide that law
continues to be operative on and after November 3, 2011.
This bill would declare that it is to take effect
immediately as an urgency statute.
DRRR is beginning implementation of the Carpet Stewardship
Program. The nickel per yard assessment is being collected
as of July 1, 2011. DRRR is working on draft regulations
to implement the Program. Carpet manufacturers are working
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on early action items to increase carpet recycling and the
first stewardship plans by the carpet manufacturers are due
September 20, 2011.
SOURCE : Assembly Member John A. Pérez
SUPPORT : Bentley Prince Street, Inc.
Blue Ridge Commercial Carpet
California Retailers Association
Carpet and Rug Institute
City of San Francisco
County of San Francisco
Dixie Group, Inc.
Los Angeles Fiber
Shaw Industries Group, Inc.
OPPOSITION : Howard Jarvis Taxpayers Association