BILL NUMBER: AB 1227 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JANUARY 4, 2012
INTRODUCED BY Assembly Member Huber
FEBRUARY 18, 2011
An act to amend Section 14501 of the Public Resources
Code, relating to recycling. An act to repeal Article
5 (commencing with Section 14380) of Chapter 3 of Division 5 of the
Financial Code, to amend Section 4351 of the Food and Agricultural
Code, to amend Section 11121.1 of the Government Code , to
amend Sections 62.9, 63.6, 71.4, 71.7, 72.6, 76.5, and 76.6 of, to
amend the heading of Division 1 (commencing with Section 30) of, to
repeal Sections 31 and 704 of, and to repeal Chapter 3 (commencing
with Section 80) of Division 1 of, the Harbors and Navigation Code,
relating to committees and commissions.
LEGISLATIVE COUNSEL'S DIGEST
AB 1227, as amended, Huber. California Beverage Container
Recycling and Litter Reduction Act. Committees and
commissions: repeal.
(1) Existing law establishes the Credit Union Advisory Committee
in the Department of Financial Institutions. The duties of this
committee include advising the commissioner and the Deputy
Commissioner of Financial Institutions for the Division of Credit
Unions on matters relating to credit unions and the credit union
business.
Existing law establishes the Boating and Waterways Commission in
the Department of Boating and Waterways. The duties of this committee
include advising the department, recommending proposed changes to
regulations, and causing studies and surveys to be made of the need
for small craft harbors and connecting waterways throughout the
state.
This bill would, as of January 1, 2014, abolish the Credit Union
Advisory Committee and the Boating and Waterways Commission and the
duties and responsibilities carried out by each.
(2) Existing law establishes the State Race Track Leasing
Commission and repeals the commission on January 1, 2013.
This bill would delete the repeal date, thereby indefinitely
extending the existence of the commission.
The California Beverage Container Recycling and Litter Reduction
Act requires every beverage container sold or offered for sale in
this state to have a minimum refund value. The act also makes various
findings and declarations regarding beverage container recycling.
This bill would make technical, nonsubstantive changes to those
findings and declarations.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Article 5 (commencing with Section 14380) of
Chapter 3 of Division 5 of the Financial Code is repealed.
SEC. 2. Section 4351 of the Food and
Agricultural Code is amended to read:
4351. (a) There is hereby
created the State Race Track Leasing Commission which shall be
composed of the Director of Food and Agriculture, the Director of
Finance, and the Director of General Services and three individuals,
appointed by the Governor, who are members of the Board of Directors
of the 22nd District Agricultural Association. The Director of
Finance shall serve as chairperson of the commission. All meetings of
the commission shall be open and public.
(b) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.
SEC. 3. Section 11121.1 of the
Government Code is amended to read:
11121.1. As used in this article, "state body" does not include
any of the following:
(a) State agencies provided for in Article VI of the California
Constitution.
(b) Districts or other local agencies whose meetings are required
to be open to the public pursuant to the Ralph M. Brown Act (Chapter
9 (commencing with Section 54950) of Part 1 of Division 2 of Title
5).
(c) State agencies provided for in Article IV of the California
Constitution whose meetings are required to be open to the public
pursuant to the Grunsky-Burton Open Meeting Act (Article 2.2
(commencing with Section 9027) of Chapter 1.5 of Part 1 of Division 2
of Title 2).
(d) State agencies when they are conducting proceedings pursuant
to Section 3596.
(e) State agencies provided for in Section 109260 of the Health
and Safety Code, except as provided in Section 109390 of the Health
and Safety Code.
(f) The Credit Union Advisory Committee established pursuant to
Section 14380 of the Financial Code.
SEC. 4. The heading of Division 1 (commencing with
Section 30) of the Harbors and Navigation Code
is amended to read:
DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND
THE BOATING AND WATERWAYS COMMISSION
SEC. 5. Section 31 of the Harbors and
Navigation Code is repealed.
31. "Commission" means the Boating and Waterways Commission.
SEC. 6. Section 62.9 of the Harbors and
Navigation Code is amended to read:
62.9. Upon request, the department shall make available to
persons owning or operating small craft harbors, such
information as is available to the commission
concerning the following:
(a) The maintenance and improvement of existing small craft harbor
facilities.
(b) The application of new technical materials and concepts.
(c) The preparation of feasibility reports, environmental impact
reports, permits, and other steps required to develop new small craft
harbor facilities.
SEC. 7. Section 63.6 of the Harbors and
Navigation Code is amended to read:
63.6. (a) (1) On or before January 15 of each odd-numbered year,
the director shall make a report to the commission, the
Legislature , and the Governor covering
the operations of the department for the preceding biennium.
(2) With respect to Article 5 (commencing with Section 76), the
report shall include all of the following:
(A) The total amount of loans made in each of the two fiscal years
immediately preceding the preparation and submission of the report.
(B) For each recipient of a loan during each of the two fiscal
years immediately preceding the preparation and submission of the
report, the recipient's name, the location of the marina for which
the loan was made, and the amount of the loan.
(C) The financial status of each loan.
(D) Any legislative recommendations.
(3) The report shall also include the status of the department's
activities related to the monitoring of rates pursuant to Section
71.4 and subdivision (d) of Section 76.7.
(4) The report shall also include an evaluation of the public
participation in the personal watercraft education course developed
by the department pursuant to subdivision (b) of Section 668.3 and a
determination of the effect of the course on personal watercraft
safety in California.
(b) The department shall also make any special reports that are
requested by the Secretary of Resources or the Governor.
SEC. 8. Section 71.4 of the Harbors and
Navigation Code is amended to read:
71.4. (a) (1) The department, subject to the approval of the
Legislature in accordance with Section 85.2, may make loans to
qualified cities, counties, or districts having power to acquire,
construct, and operate small craft harbors, for the design, planning,
acquisition, construction, improvement, maintenance, or operation of
small craft harbors and facilities in connection with the harbors,
and connecting waterways, if the department finds that the project is
feasible.
(2) The minimum annual rate of interest charged by the department
for a loan shall be set annually by the commission and shall
be based on the Pooled Money Investment Account interest
rate.
(b) The department shall establish, by rules and regulations,
policies and standards to be followed in making loans pursuant to
this section so as to further the proper development and maintenance
of a statewide system of small craft harbors and connecting
waterways. To the greatest extent possible, the department shall
adhere to customary commercial practices to ensure that loans made
pursuant to this section are adequately secured and that the loans
are repaid consistent with the terms of the loan agreement. Any rules
and regulations shall include policies and standards for restrooms,
vessel pumpout facilities, oil recycling facilities, and receptacles
for the purpose of separating, reusing, or recycling all solid waste
materials.
(c) The department shall develop weighing and ranking criteria to
qualify and prioritize the public loans.
(d) A loan under this section shall be repaid as provided in
Section 70.
(e) Rates to be charged for the use of the boating facilities
shall be established by the city, county, or district, subject to the
approval of the department, in every loan contract. The department
shall concern itself with the rates charged only as prescribed in
Section 71.8. The rates set shall be based on a monthly berthing
charge, and the department shall monitor these rates to ensure that
the berthing charges are sufficient to ensure timely and complete
repayment of the loan.
(f) The department shall submit any project for which it
recommends any loan be made to the Governor for inclusion in the
Budget Bill.
(g) The department may restate an existing loan under this
article, upon written request by the borrower , and upon
approval by the commission .
SEC. 9. Section 71.7 of the Harbors and
Navigation Code is amended to read:
71.7. Notwithstanding any other provision of
this chapter, Section 82, or any contract or
agreement to the contrary, loan payments on the loan on behalf of
Spud Point Marina in the County of Sonoma, as authorized by Schedule
(b)(8) of Item 3680-101-516 of Section 2.00 of the Budget Act of
1982, and administered by the department, may be renegotiated by the
department and the County of Sonoma , with the advice and
consent of the commission, to solve the fiscal problems
involving the marina existing on the effective date of this section
as enacted during the 1994 portion of the 1993-94 Regular Session.
SEC. 10. Section 72.6 of the Harbors
and Navigation Code is amended to read:
72.6. Transfers pursuant to Section 70, loans pursuant to Section
71.4, and grants pursuant to Section 72.5 shall be made by the
department with the advice and consent of the commission
department .
SEC. 11. Section 76.5 of the Harbors
and Navigation Code is amended to read:
76.5. In processing applications under this article, the
department shall give priority to applications from qualified private
marina owners who have not received previous loans from the
department. If the department finds a proposed loan project
is feasible, the loan request shall be submitted to the commission
for its advice and consent.
SEC. 12. Section 76.6 of the Harbors
and Navigation Code is amended to read:
76.6. Loans made under this article shall include, but are not
limited to, the following terms and conditions:
(a) The minimum annual rate of interest charged by the department
for a loan shall be set annually by the commission and shall
be at a rate equal to 1 percent per annum plus
the prime or base rate of interest.
(b) The department shall require collateral in a minimum amount of
110 percent of the loan.
(c) The repayment period of a loan shall not exceed 20 years, or
be longer than the length of the borrower's leasehold estate,
including renewal options, if the loan is based upon a leasehold
estate of the borrower.
(d) All loans shall amortize the principal over the term of the
loan. However, a loan shall become due and payable in full if the
borrower sells or otherwise transfers the recreational marina
developed with departmental funds, unless the transfer is, by reason
of the death of the borrower, to the borrower's heirs.
(e) The department's loans shall not be subordinated to any future
loans obtained by a private marina owner, except in those cases
involving loans acquired for refinancing previous senior loans.
(f) The department may allow assumption of loans from the original
borrower by future parties, subject to completion of the application
process and upon approval by the department and the
commission .
(g) The department may, upon written request by the borrower, and
upon the approval of the commission, restate an existing loan.
SEC. 13. Chapter 3 (commencing with Section 80) of
Division 1 of the Harbors and Navigation Code
is repealed.
SEC. 14. Section 704 of the Harbors and
Navigation Code is repealed.
704. In accordance with the provisions of Section 82 of this
code, the commission shall advise the department with respect to all
matters relating to the administration of this act. The department
shall submit any proposed regulations or changes in regulations
pertaining to this act for review and comment by the commission prior
to enactment.
SEC. 15. Section 1 and Sections 3 to 14, inclusive, of
this act shall become operative on January 1, 2014.
SECTION 1. Section 14501 of the Public
Resources Code is amended to read:
14501. The Legislature finds and declares as follows:
(a) Experience in this state and others demonstrates that
financial incentives and convenient return systems ensure the
efficient and large-scale recycling of beverage containers.
Accordingly, it is the intent of the Legislature to encourage
increased, and more convenient, beverage container redemption
opportunities for all consumers. These redemption opportunities shall
consist of dealer and other shopping center locations, independent
and industry operated recycling centers, curbside programs, and other
recycling systems that assure all consumers, in every region of the
state, the opportunity to return beverage containers conveniently,
efficiently, and economically.
(b) California grocery, beer, soft drink, container manufacturing,
labor, agricultural, consumer, environmental, government, citizen,
recreational, taxpayer, and recycling groups have joined together in
calling for an innovative program to generate large-scale redemption
and recycling of beverage containers.
(c) This division establishes a beverage container recycling goal
of 80 percent.
(d) It is the intent of the Legislature to ensure that every
container type proves its own recyclability.
(e) It is the intent of the Legislature to make redemption and
recycling convenient to consumers, and the Legislature hereby urges
cities and counties, when exercising their zoning authority, to act
favorably on the siting of multimaterial recycling centers, reverse
vending machines, mobile recycling units, or other types of recycling
opportunities, as necessary for consumer convenience, and the
overall success of litter abatement and beverage container recycling
in the state.
(f) The purpose of this division is to create and maintain a
marketplace where it is profitable to establish sufficient recycling
centers and locations to provide consumers with convenient recycling
opportunities through the establishment of minimum refund values and
processing fees and, through the proper application of these
elements, to enhance the profitability of recycling centers,
recycling locations, and other beverage container recycling programs.
(g) The responsibility to provide convenient, efficient, and
economical redemption opportunities rests jointly with manufacturers,
distributors, dealers, recyclers, processors, and the Division of
Recycling in the Department of Resources Recycling and Recovery.
(h) It is the intent of the Legislature, in enacting this
division, that all empty beverage containers redeemed shall be
recycled, and that the responsibilities and regulations of the
department shall be determined and implemented in a manner that
favors the recycling of redeemed containers, as opposed to their
disposal.
(i) This division shall not be interpreted as affecting the
current business practices of scrap dealers or recycling centers,
except that, to the extent they function as a recycling center or
processor, they shall do so in accordance with this division.
(j) The program established by this division will contribute
significantly to the reduction of the beverage container component of
litter in this state.