AB 1142,
as amended, Bloom. begin deleteBeverage containers: redemption payments. end deletebegin insertState beaches and parks: smoking ban.end insert
Existing law makes it an infraction for a person to smoke a cigarette, cigar, or other tobacco-related product within 25 feet of a playground or tot lot sandbox area.
end insertbegin insertThis bill would make it an infraction for a person to smoke, as defined, a pipe, cigar, or cigarette on a state coastal beach or in a unit of the state park system, as defined. The bill would establish a state-mandated local program by creating a new crime.
end insertbegin insertThis bill would require the Department of Parks and Recreation to develop and post signs at a state coastal beach or a unit of the state park system to provide notice of the smoking prohibition, as specified.
end insertbegin insertThe California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
end insertbegin insertThis bill would provide that no reimbursement is required by this act for a specified reason.
end insertExisting law, the California Beverage Container Recycling and Litter Reduction Act, requires a beverage container distributor to pay a redemption payment to the Department of Resources Recycling and Recovery (CalRecycle) in a specified manner. CalRecycle is required to deposit those amounts in the California Beverage Container Recycling Fund, which is continuously appropriated to CalRecycle to implement the act.
end deleteThis bill would make technical, nonsubstantive changes to the provision regarding the redemption payment.
end deleteVote: majority.
Appropriation: no.
Fiscal committee: begin deleteno end deletebegin insertyesend insert.
State-mandated local program: begin deleteno end deletebegin insertyesend insert.
The people of the State of California do enact as follows:
begin insertSection 5008.9 is added to the end insertbegin insertPublic Resources
2Codeend insertbegin insert, to read:end insert
(a) For purposes of this section, the following
4definitions apply:
5(1) “Cigar” has the same meaning as defined in Section 104550
6of the Health and Safety Code.
7(2) “Cigarette” has the same meaning as defined in Section
8104556 of the Health and Safety Code.
9(3) “Smoke or smoking” means the carrying of a lighted pipe,
10lighted cigar, or lighted cigarette, of any kind, or the lighting of
11a pipe, cigar, or cigarette, of any kind, including, but not limited
12to, tobacco or any other weed or plant.
13(4) “State coastal beach” means an
area that is owned,
14operated, or under the jurisdiction of the state, an agency of the
15state, or a department of the state and that adjoins the ocean, a
16bay, or an estuary.
17(5) “Unit of the state park system” means an area specified in
18Section 5002.
19(b) A person shall not smoke a cigar, cigarette, or other
20tobacco-related product on a state coastal beach or in a unit of
21the state park system.
22(c) A person shall not dispose of used cigar, cigarette, or
23tobacco-related product waste within the boundaries of an area
24in which it is prohibited by this section.
25(d) A person who violates this section is guilty of an infraction
26and shall be punished by a fine of two hundred fifty dollars ($250).
27(e) The Department of Parks and Recreation shall develop and
28post signs at a state coastal beach and a unit of the state park
P3 1system to provide notice of the smoking prohibition set forth in
2subdivision (b). Signs shall be posted no later than January 1,
32016.
No reimbursement is required by this act pursuant to
5Section 6 of Article XIII B of the California Constitution because
6the only costs that may be incurred by a local agency or school
7district will be incurred because this act creates a new crime or
8infraction, eliminates a crime or infraction, or changes the penalty
9for a crime or infraction, within the meaning of Section 17556 of
10the Government Code, or changes the definition of a crime within
11the meaning of Section 6 of Article XIII B of the California
12Constitution.
Section 14574 of the Public Resources Code is
14amended to read:
(a) (1) A distributor of beverage containers shall pay
16to the department the redemption payment for every beverage
17container, other than a refillable beverage container, sold or
18transferred to a dealer, less 1.5 percent for the distributor’s
19administrative costs.
20(2) The payment made by a distributor shall be submitted not
21later than the last day of the month following the sale. The
22distributor shall
submit the payment in the form and manner that
23the department prescribes.
24(b) (1) Notwithstanding subdivision (a), if a distributor displays
25a pattern of operation in compliance with this division and the
26regulations adopted pursuant to this division, to the satisfaction of
27the department, the distributor may submit a single annual payment
28of redemption payments, if the distributor’s projected redemption
29payment for a calendar year totals less than seventy-five thousand
30dollars ($75,000).
31(2) An annual redemption payment made pursuant to this
32subdivision is due and payable on or before February 1 for every
33beverage container
sold or transferred by the distributor to a dealer
34in the previous calendar year.
35(3) A distributor shall notify the department of its intent to
36submit an annual redemption payment pursuant to this subdivision
37on or before January 31 of the calendar year for which the payment
38will be due.
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