BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1005


                                                                    Page  1





          ASSEMBLY THIRD READING


          AB  
          1005 (Gordon and Levine)


          As Amended  January 4, 2016


          2/3 vote


           ------------------------------------------------------------------ 
          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Natural         |9-0  |Williams, Dahle,      |                    |
          |Resources       |     |Bonta, Cristina       |                    |
          |                |     |Garcia, Hadley,       |                    |
          |                |     |Harper, McCarty, Mark |                    |
          |                |     |Stone, Wood           |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Appropriations  |17-0 |Gomez, Bigelow,       |                    |
          |                |     |Bloom, Bonilla,       |                    |
          |                |     |Bonta, Calderon,      |                    |
          |                |     |Chang, Daly, Eggman,  |                    |
          |                |     |Gallagher, Eduardo    |                    |
          |                |     |Garcia, Holden,       |                    |
          |                |     |Jones, Quirk, Wagner, |                    |
          |                |     |Weber, Wood           |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
           ------------------------------------------------------------------ 










                                                                    AB 1005


                                                                    Page  2





          SUMMARY:  Extends the sunset for the Plastic Market Development  
          Payment (PMDP) program from 2017 to 2022.  


          EXISTING LAW establishes the California Beverage Container  
          Recycling and Litter Reduction Act (Bottle Bill), which:


          1)Requires beverage containers sold in this state to have a  
            California redemption value (CRV) of five cents for containers  
            that hold fewer than 24 ounces and $0.10 for containers that  
            hold 24 ounces or more and requires a distributor to pay a  
            redemption payment to the Department of Resources Recycling  
            and Recovery (CalRecycle).  Continuously appropriates these  
            funds to CalRecycle for the payment of refund values and  
            processing fees.  
          2)Requires CalRecycle to: 


             a)   After deducting refund values, administrative fees, and  
               a reserve for contingencies, appropriate remaining monies  
               to designated programs, grants, and fee payments.  
             b)   Award up to $10 million for PMDPs to "certified  
               entities" (collection and processing operations/recyclers)  
               and "product manufacturers."  


             c)   Specifies that CalRecycle may set different payment  
               amounts for certified entities and product manufacturers,  
               but neither payment shall exceed $150 per ton, according to  
               the following considerations:  


               i)     The minimum funding level needed to encourage  
                 in-state washing and processing of empty plastic beverage  
                 containers collected for recycling; 
               ii)    The minimum funding level needed to encourage  
                 in-state manufacturing that uses empty plastic beverage  
                 containers collected for recycling; and, 








                                                                    AB 1005


                                                                    Page  3







               iii)   The total amount of funds projected to be available  
                 (currently $10 million annually) for PMDPs and the desire  
                 to maintain the minimum funding level needed throughout  
                 the year.  


          3)Sunsets the PMDP program on January 1, 2017.  
          FISCAL EFFECT:  According to the Assembly Appropriations  
          Committee, continues the existing allocation of $10 million  
          annually for the PMDP program for an additional five years.


          COMMENTS:  


          The Bottle Bill is intended to create a financial incentive for  
          recycling and to make recycling convenient for consumers to  
          decrease the beverage container component of the solid waste  
          stream.  The centerpiece of the Bottle Bill is the CRV.   
          Consumers pay a deposit, the CRV, on each beverage container  
          they purchase.  Retailers collect the CRV from consumers when  
          they buy beverages.  The dealer retains a small percentage of  
          the deposit for administration and remits the remainder to the  
          distributor, who also retains a small portion for administration  
          before remitting the balance to CalRecycle.  When consumers  
          return their empty beverage containers to a recycler (or donate  
          them to a curbside or other program), the deposit is paid back  
          as a refund.


          The PMDP uses surplus redemption funds to make payments of up to  
          $150 per ton to California-based processors and manufacturers  
          that recycle and utilize post-consumer plastic beverage  
          containers.  In 2007-09, the total amount of funds authorized  
          was $5 million.  Beginning in 2010, the Legislature increased  
          this payment authority to $10 million annually until 2017.  This  
          bill would extend the sunset on the current $10 million annual  








                                                                    AB 1005


                                                                    Page  4





          allocation from 2017 to 2022.




          Analysis Prepared by:                                             
                          Elizabeth MacMillan / NAT. RES. / (916) 319-2092  
                                                                         
          FN: 0002586