BILL NUMBER: AB 1142 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 21, 2013
INTRODUCED BY Assembly Member Bloom
FEBRUARY 22, 2013
An act to amend add Section
14574 of 5008.9 to the Public Resources Code,
relating to beverage containers beaches and
parks .
LEGISLATIVE COUNSEL'S DIGEST
AB 1142, as amended, Bloom. Beverage containers:
redemption payments. State beaches and parks: smoking
ban.
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.
This 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.
This 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.
The 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.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Existing 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.
This bill would make technical, nonsubstantive changes to the
provision regarding the redemption payment.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 5008.9 is added to the
Public Resources Code , to read:
5008.9. (a) For purposes of this section, the following
definitions apply:
(1) "Cigar" has the same meaning as defined in Section 104550 of
the Health and Safety Code.
(2) "Cigarette" has the same meaning as defined in Section 104556
of the Health and Safety Code.
(3) "Smoke or smoking" means the carrying of a lighted pipe,
lighted cigar, or lighted cigarette, of any kind, or the lighting of
a pipe, cigar, or cigarette, of any kind, including, but not limited
to, tobacco or any other weed or plant.
(4) "State coastal beach" means an area that is owned, operated,
or under the jurisdiction of the state, an agency of the state, or a
department of the state and that adjoins the ocean, a bay, or an
estuary.
(5) "Unit of the state park system" means an area specified in
Section 5002.
(b) A person shall not smoke a cigar, cigarette, or other
tobacco-related product on a state coastal beach or in a unit of the
state park system.
(c) A person shall not dispose of used cigar, cigarette, or
tobacco-related product waste within the boundaries of an area in
which it is prohibited by this section.
(d) A person who violates this section is guilty of an infraction
and shall be punished by a fine of two hundred fifty dollars ($250).
(e) The Department of Parks and Recreation shall develop and post
signs at a state coastal beach and a unit of the state park system to
provide notice of the smoking prohibition set forth in subdivision
(b). Signs shall be posted no later than January 1, 2016.
SEC. 2. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.
SECTION 1. Section 14574 of the Public
Resources Code is amended to read:
14574. (a) (1) A distributor of beverage containers shall pay to
the department the redemption payment for every beverage container,
other than a refillable beverage container, sold or transferred to a
dealer, less 1.5 percent for the distributor's administrative costs.
(2) The payment made by a distributor shall be submitted not later
than the last day of the month following the sale. The distributor
shall submit the payment in the form and manner that the department
prescribes.
(b) (1) Notwithstanding subdivision (a), if a distributor displays
a pattern of operation in compliance with this division and the
regulations adopted pursuant to this division, to the satisfaction of
the department, the distributor may submit a single annual payment
of redemption payments, if the distributor's projected redemption
payment for a calendar year totals less than seventy-five thousand
dollars ($75,000).
(2) An annual redemption payment made pursuant to this subdivision
is due and payable on or before February 1 for every beverage
container sold or transferred by the distributor to a dealer in the
previous calendar year.
(3) A distributor shall notify the department of its intent to
submit an annual redemption payment pursuant to this subdivision on
or before January 31 of the calendar year for which the payment will
be due.