BILL NUMBER: AB 744 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 1, 2013
INTRODUCED BY Assembly Member Gordon
FEBRUARY 21, 2013
An act to amend Section Sections 14501 and
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 rate." rate" and make conforming
changes with regard to a statement of legislative intent.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
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 Department of
Conservation 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) 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.
SECTION 1. SEC. 2. Section 14523.5
of the Public Resources Code is repealed.
SEC. 2. SEC. 3. 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.