AB 1846, as introduced, Gordon. Beverage containers: enforcement.
The California Beverage Container Recycling and Litter Reduction Act requires a distributor of specified beverage containers to pay a redemption payment to the Department of Resources Recycling and Recovery for each beverage container sold or transferred, for deposit in the California Beverage Container Recycling Fund. Existing law imposes criminal and civil penalties for specified violations of the act, including as actions subject to criminal penalties, the redemption of out-of-state containers, as defined. Existing law generally authorizes the department to impose a civil penalty of up to $1,000 or $5,000 for each violation, but authorizes the department to assess a civil penalty of up to $10,000 per transaction, or an amount equal to 3 times the damages, plus costs, for a person who redeems, or assists in the redemption of, previously redeemed containers.
This bill would additionally authorize the department to assess a civil penalty of up to $10,000 per transaction or 3 times the damages, plus costs, upon a person who redeems, attempts to redeem, or aids in the redemption of, otherwise ineligible beverage containers, including, but not limited to, out-of-state containers and empty beverage container materials imported from out-of-state.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 14594.5 of the Public Resources Code
2 is amended to read:
begin deleteThe end deletebegin insertNotwithstanding Section 14591.1, the end insertdepartment
4may assess upon any person, entity, or operationbegin delete whichend deletebegin insert thatend insert
5 redeems, attempts to redeem, or aids in the redemption of, empty
6beverage containers that have already been redeemed,begin insert or redeems,
7attempts to redeem, or aids in the redemption of, otherwise
8ineligible beverage containers, including, but not
limited to,
9out-of-state containers or empty beverage container materials
10imported from out-of-state,end insert a civil penalty of up to ten thousand
11dollars ($10,000) per transaction, or an amount equal to three times
12the damage or potential damage, whichever is greater, plus costs
13as provided in Section 14591.3, pursuant to notice and hearing in
14accordance with Chapter 5 (commencing with Section 11500) of
15Part 1 of Division 3 of Title 2 of the Government Code.
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