BILL ANALYSIS Ó
------------------------------------------------------------
|SENATE RULES COMMITTEE | AB 1359|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
THIRD READING
Bill No: AB 1359
Author: Skinner (D)
Amended: 1/4/12 in Assembly
Vote: 21
SENATE ENVIRONMENTAL QUALITY COMMITTEE : 6-0, 3/19/12
AYES: Simitian, Blakeslee, Hancock, Kehoe, Lowenthal,
Pavley
NO VOTE RECORDED: Strickland
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 75-0, 1/26/12 (Consent) - See last page
for vote
SUBJECT : Solid waste: beverage containers: fiberglass
SOURCE : Author
DIGEST : This bill makes numerous technical, but, in some
cases, substantive, changes to the state's beverage
container recycling program. Most significantly, this bill
(1) deletes reference to the "redemption rate" and
requirements related to its calculation, and (2) authorizes
a beverage manufacturer to make one processing fee payment
to the Department of Resources Recycling and Recovery
(DRRR), instead of periodic payments, if the manufacturer
has displayed a pattern of compliance to DRRR's
satisfaction and the processor's projected annual fees are
less than $15,000.
CONTINUED
AB 1359
Page
2
ANALYSIS : Existing law, under the California Beverage
Container Recycling and Litter Reduction Act (Act):
1. Requires DRRR to establish six months reporting periods
for redemption rates and recycling rates for specified
types of beverage containers; and requires DRRR to,
within 130 days of each reporting period, determine
redemption rates and recycling rates for those beverage
containers and issue a report on those determinations.
(Public Resources Code (PRC) Section 14551)
2. Requires DRRR to calculate and collect a processing fee
for each beverage container with a specified scrap
value. Beverage manufacturers are required to pay DRRR
the applicable processing fee for each container sold or
transferred to a distributor or dealer within 40 days of
the sale, but allows a beverage manufacturer that meets
certain conditions and displays a pattern of operation
in compliance with the Act, to the satisfaction of DRRR,
to make a single annual payment of processing fees.
(PRC Section 14575)
3. Requires a fiberglass manufacturer to ensure that the
annual tonnage of fiberglass manufactured or sold in the
state by that manufacturer contain at least 30% cullet,
unless DRRR makes a specified determination. (PRC
Sections 19510-19512)
This bill:
1. Deletes the definition of "redemption rate" and
provisions that require the establishment of reporting
periods and calculations for redemption rates for
beverage containers. (PRC Sections 14523.5 and 14551)
2. Deletes obsolete conditions for the annual payment of
processing fees by beverage manufacturers. (PRC Section
14575)
3. Makes technical changes to the fiberglass 30% cullet
requirement and deletes obsolete provisions. (PRC
Sections 19510-19512)
AB 1359
Page
3
4. Corrects references, deletes obsolete provisions, and
makes other conforming changes.
Background
The requirement for calculating both recycling and
redemption rates for aluminum, glass, plastic, and other
container materials has been in statute for years.
Recycling rates measure only containers subject to the Act,
and redemption rates have calculations that additionally
include containers not subject to the Act. The redemption
rate was used in the past as a trigger for higher fees;
this trigger was removed by SB 332 (Sher), Chapter 815,
Statutes of 1999. The remaining recycling rate calculation
is adequate to determine the numbers and types of
containers returned for recycling.
"Cullet" is postconsumer glass from food or beverage
containers and other sources. According to a DRRR report
for 2010 the average cullet content in fiberglass produced
and sold in California exceeds 48%.
Comments
Purpose of the bill . According to the author, this bill
"helps streamline Recycling & Litter Reduction Act. ÝBy
deleting] the provisions in the Act that establish
reporting periods and calculations for beverage container
redemption rates."
Related Legislation
SB 518 (Simitian) deletes the definition of "redemption
rate," removes the reporting period and reporting
requirements for redemption rates, and makes related
clarifying amendments.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
ASSEMBLY FLOOR : 75-0, 1/26/12
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
AB 1359
Page
4
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Chesbro, Conway, Cook, Dickinson,
Donnelly, Eng, Feuer, Fletcher, Fong, Fuentes, Furutani,
Beth Gaines, Galgiani, Garrick, Gatto, Gordon, Grove,
Hagman, Hall, Hayashi, Roger Hernández, Hill, Huber,
Hueso, Huffman, Jeffries, Jones, Knight, Lara, Logue,
Bonnie Lowenthal, Ma, Mansoor, Mendoza, Miller, Mitchell,
Monning, Morrell, Nestande, Nielsen, Norby, Olsen, Pan,
Perea, V. Manuel Pérez, Portantino, Silva, Skinner,
Solorio, Swanson, Torres, Valadao, Wagner, Wieckowski,
Williams, Yamada, John A. Pérez
NO VOTE RECORDED: Davis, Gorell, Halderman, Harkey, Smyth
DLW:mw 6/25/12 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
**** END ****