BILL NUMBER: AB 1846	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Gordon

                        FEBRUARY 19, 2014

   An act to amend Section 14594.5 of the Public Resources Code,
relating to beverage containers.


	LEGISLATIVE COUNSEL'S DIGEST


   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 1.  Section 14594.5 of the Public Resources Code is amended
to read:
   14594.5.   The   Notwithstanding Section
14591.1, the  department may assess upon any person, entity, or
operation  which   that  redeems, attempts
to redeem, or aids in the redemption of, empty beverage containers
that have already been redeemed,  or redeems, attempts to redeem,
or aids in the redemption of, otherwise ineligible beverage
containers, including, but not   limited to, out-of-state
containers or empty beverage container materials imported from
out-of-state,  a civil penalty of up to ten thousand dollars
($10,000) per transaction, or an amount equal to three times the
damage or potential damage, whichever is greater, plus costs as
provided in Section 14591.3, pursuant to notice and hearing in
accordance with Chapter 5 (commencing with Section 11500) of Part 1
of Division 3 of Title 2 of the Government Code.