Amended in Assembly April 1, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 744

Introduced by Assembly Member Gordon

February 21, 2013

An act to amend begin delete Section end delete begin insert Sections 14501 and end insert 14551 of, and to repeal Section 14523.5 of, the Public Resources Code, relating to recycling.

LEGISLATIVE COUNSEL’S DIGEST

AB 744, as amended, Gordon. Recycling: beverage containers.

Existing law, the California Beverage Container Recycling and Litter Reduction Act, requires the Department of Resources Recycling and Recovery to establish reporting periods of every 6 months for redemption rates and recycling rates for specified types of beverage containers, to determine those rates for each reporting period, and to issue a report on those determinations. The act defines various terms for purposes of those provisions, including “redemption rate.”

This bill would delete the provisions that require the department to establish the reporting periods for the redemption rates and to determine the redemption rates for specified types of beverage containers. The bill also would delete the definition of the term “redemption begin delete rate.” end delete begin insert rate” and make conforming changes with regard to a statement of legislative intent. end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 14501 of the end insert begin insert Public Resources Code end insert begin insert is
amended to read: end insert

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
Department of begin delete Conservation end delete begin insert Resources Recycling and Recovery end insert .

(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) Nothing in this division shall 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.

begin delete SECTION 1. end delete
begin insert SEC. 2. end insert   

Section 14523.5 of the Public Resources Code is
repealed.

begin delete SEC. 2. end delete
begin insert SEC. 3. end insert   

Section 14551 of the Public Resources Code is
amended to read:

14551.  

(a) The department shall establish reporting periods
for the reporting of recycling rates. Each reporting period shall be
six months. The department shall determine all of the following
for each reporting period and shall issue a report on its
determinations, within 130 days of the end of each reporting period:

(1) Sales of beverages in aluminum beverage containers, bimetal
beverage containers, glass beverage containers, plastic beverage
containers, and other beverage containers in this state, including
refillable beverage containers.

(2) Returns for recycling, and returns not for recycling, of empty
aluminum beverage containers, bimetal beverage containers, glass
beverage containers, plastic beverage containers, and other
beverage containers in this state, including refillable beverage
containers returned to distributors pursuant to Section 14572.5.
These numbers shall be calculated using the average current
weights of beverage containers, as determined and reported by the
department.

(3) An aluminum beverage container recycling rate, the
numerator of which shall be the number of empty aluminum
beverage containers returned for recycling, including refillable
aluminum beverage containers, and the denominator of which shall
be the number of aluminum beverage containers sold in this state.

(4) A bimetal beverage container recycling rate, the numerator
of which shall be the number of empty bimetal containers returned
for recycling, including refillable bimetal beverage containers, and
the denominator of which shall be the number of bimetal beverage
containers sold in this state.

(5) A glass beverage container recycling rate, the numerator of
which shall be the number of empty glass beverage containers
returned for recycling, including refillable glass beverage
containers, and the denominator of which shall be the number of
glass beverage containers sold in this state.

(6) A plastic beverage container recycling rate, the numerator
of which shall be the number of empty plastic beverage containers
returned for recycling, including refillable plastic beverage
containers, and the denominator of which shall be the number of
plastic beverage containers sold in this state.

(7) A recycling rate for other beverage containers, the numerator
of which shall be the number of empty beverage containers other
than those containers specified in paragraphs (1) to (6), inclusive,
returned for recycling, and the denominator of which shall be the
number of beverage containers, other than those containers
specified in paragraphs (1) to (6), inclusive, sold in this state.

(8) The department may define categories of other beverage
containers, and report a recycling rate for each of those categories
of other beverage containers.

(9) The volumes of materials collected from certified recycling
centers, by city or county, as requested by the city or county, if
the reporting is consistent with the procedures established pursuant
to Section 14554 to protect proprietary information.

(b) The department shall determine the manner of collecting
the information for the reports specified in subdivision (a),
including establishing procedures, to protect any proprietary
information concerning the sales and purchases.