California Legislature—2013–14 Regular Session

Assembly BillNo. 1023


Introduced by Assembly Member Eggman

February 22, 2013


An act to amend Section 14549.2 of the Public Resources Code, relating to recycling.

LEGISLATIVE COUNSEL’S DIGEST

AB 1023, as introduced, Eggman. Recycling: beverage containers: payments.

Existing law, the California Beverage Container Recycling and Litter Reduction Act, requires a distributor to pay a redemption payment for every beverage container sold or offered for sale in the state to the Department of Resources Recycling and Recovery for deposit in the California Beverage Container Recycling Fund. The department is authorized to annually expend up to $10,000,000, or more under specified circumstances, from the fund to make market development payments for empty plastic beverage containers, until January 1, 2017. Existing law specifies procedures and conditions for making those market development payments.

This bill would make technical, nonsubstantive changes to that payment provision.

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

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

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SECTION 1.  

Section 14549.2 of the Public Resources Code
2 is amended to read:

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14549.2.  

(a) For purposes of this section, the following
2definitions shall apply:

3(1) “Certified entity” means a recycling center, processor, or
4dropoff or collection program certifiedbegin insert by the departmentend insert pursuant
5to this division.

6(2) “Product manufacturer” meansbegin delete anyend deletebegin insert aend insert person who
7manufactures a plastic product in this state.

8(b) In order to develop California markets for empty plastic
9beverage containers collected for recycling in the state, the
10department may, consistent with Section 14581 and subject to the
11availability of funds, pay a market development payment to a
12certified entity or product manufacturer for empty plastic beverage
13containers collected and managed pursuant to this section.

14(c) The department shall make a market development payment
15to a certified entity or product manufacturer in accordance with
16this sectionbegin delete,end delete only if the plastic beverage container is collected and
17either recycled or used in manufacturing, in the state, as follows:

18(1) The department shall make a market development payment
19to a certified entity for empty plastic beverage containers that are
20collected for recycling in the state, that are subsequently washed
21 and processed by a certified entity into a flake, pellet, or other
22form in the state, and made usable for the manufacture of a plastic
23product by a product manufacturer.

24(2) The department shall make a market development payment
25to a product manufacturer for empty plastic beverage containers
26that are collected for recycling in the state, that are subsequently
27washed and processed into a flake, pellet or other form in the state,
28and used by that product manufacturer to manufacture a product
29in this state.

30(3) The department shall determine the amount of the market
31development payment, which may be set at a different level for a
32certified entity and a product manufacturer, but shall not exceed
33one hundred fifty dollars ($150) per ton. In setting the amount of
34the market development payment for both certified entities and
35product manufacturers, the department shall consider all of the
36following:

37(A) The minimum funding level needed to encourage the in-state
38washing and processing of empty plastic beverage containers
39collected for recycling in this state.

P3    1(B) The minimum funding level needed to encourage the in-state
2manufacturing that utilizes empty plastic beverage containers
3collected for recycling in this state.

4(C) The total amount of funds projected to be available for
5plastic market development payments and the desire to maintain
6the minimum funding level needed throughout the year.

7(4) The department may make a market development payment
8to both a certified entity and a product manufacturer for the same
9empty plastic beverage container.

10(d) This section shall remain in effect only until January 1, 2017,
11and as of that date is repealed, unless a later enacted statute, that
12is enacted before January 1, 2017, deletes or extends that date.



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