Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 1108

Introduced by Assembly Member Low

February 27, 2015

An act to amend Sectionbegin delete 26227end deletebegin insert 14572end insert of the Public Resources Code, relating tobegin delete clean energy.end deletebegin insert beverage containers.end insert


AB 1108, as amended, Low. begin deleteClean energy: financial assistance. end deletebegin insertBeverage Containers: recycling.end insert

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(1) The California Beverage Container Recycling and Litter Reduction Act requires certified recycling centers, when accepting an empty beverage container from a consumer, to pay the refund value. A violation of the act is a crime.

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This bill would prohibit a certified recycling center from accepting or paying the refund value to a consumer for more than 50 pounds of aluminum beverage containers or plastic beverage containers, or any combination thereof, or 500 pounds of glass beverage containers, submitted by that consumer to the certified recycling center in a single 24-hour period. Since a violation of this requirement would be a crime, the bill would impose a state-mandated local program.

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(2) 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.

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This bill would provide that no reimbursement is required by this act for a specified reason.

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The California Clean Energy Jobs Act, an initiative approved by the voters as Proposition 39 at the November 6, 2012, statewide general election, made changes to corporate income taxes and, except as specified, provides for the transfer of $550,000,000 annually from the General Fund to the Clean Energy Job Creation Fund for 5 fiscal years beginning with the 2013-14 fiscal year. Moneys in the Clean Energy Job Creation Fund are available, upon appropriation by the Legislature, for purposes of funding eligible projects that create jobs in California and improve energy efficiency and expand clean energy generation. Existing law provides for the allocation of available funds to public school facilities, university and college facilities, and other public buildings and facilities, as well as job training and workforce development and public-private partnerships for eligible projects, as specified. Existing law establishes prescribed criteria that apply to all expenditures from the Clean Energy Job Creation Fund.

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This bill would make technical, nonsubstantive changes to a provision within the act that transfers and allocates moneys from the Clean Energy Job Creation Fund.

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Vote: 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:

P2    1begin insert

begin insertSECTION 1.end insert  

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begin insertSection 14572 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
2amended to read:end insert



(a) (1) Except as provided inbegin delete subdivision (b),end delete
4begin insert subdivisions (b) and (e),end insert a certified recycling center shall accept
5from any consumer or dropoff or collection program any empty
6beverage container, and shall pay to the consumer or dropoff or
7collection program the refund value of the beverage container.

8(2) Except as provided in paragraph (3), the recycling center
9may pay the refund value based on the weight of returned

11(3) On and after September 1, 2013, for beverage containers
12 redeemed by consumers, a certified recycling center shall pay the
13refund value using the applicable segregated rate, as defined in
14paragraph (43) of subsection (a) of Section 2000 of Title 14 of the
15California Code of Regulations, as that section read on September
161, 2013, which shall be based on the weight of the redeemed
17beverage containers.

P3    1(b) Any recycling center or processor that was in existence on
2January 1, 1986, and that refused, as of January 1, 1986, to accept
3at a particular location a certain type of empty beverage container
4may continue to refuse to accept at the location the type or types
5of empty beverage containers that the recycling center or processor
6refused to accept as of January 1, 1986. A certified recycling center
7that refuses, pursuant to this subdivision, to accept a certain type
8or types of empty beverage containers is not eligible to receive
9handling fees unless the center agrees to accept all types of empty
10 beverage containers and is a supermarket site. This subdivision
11does not preclude the certified recycling center from receiving a
12handling fee for beverage containers redeemed at supermarket
13sites that do accept all types of containers.

14(c) The department shall develop procedures by which recycling
15centers and processors that meet the criteria of subdivision (b) may
16recertify to change the material types accepted.

17(d) (1) Only a certified recycling center may pay the refund
18value to consumers or dropoff or collection programs. A person
19shall not pay a noncertified recycler for empty beverage containers
20an amount that exceeds the current scrap value for each container
21type, which shall be determined in the following manner:

22(A) For a plastic or glass beverage container, the current scrap
23value shall be determined by the department.

24(B) For an aluminum beverage container, the current scrap value
25shall be not greater than the amount paid to the processor for that
26aluminum beverage container, on the date the container was
27purchased, by the location of end use, as defined in the regulations
28of the department.

29(2) A person shall not receive or retain, for empty beverage
30containers that come from out of state, any refund values,
31processing payments, or administrative fees for which a claim is
32made to the department against the fund.

33(3) Paragraph (1) does not affect curbside programs under
34contract with cities or counties.

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35(e) A certified recycling center shall not accept or pay a refund
36value to a consumer for more than 50 pounds of aluminum
37beverage containers or plastic beverage containers, or any
38combination thereof, or 500 pounds of glass beverage containers,
39submitted by that consumer to the certified recycling center during
40a single 24-hour period.

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begin insertSEC. 2.end insert  

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No reimbursement is required by this act pursuant to
2Section 6 of Article XIII B of the California Constitution because
3the only costs that may be incurred by a local agency or school
4district will be incurred because this act creates a new crime or
5infraction, eliminates a crime or infraction, or changes the penalty
6for a crime or infraction, within the meaning of Section 17556 of
7the Government Code, or changes the definition of a crime within
8the meaning of Section 6 of Article XIII B of the California

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Section 26227 of the Public Resources Code is
11amended to read:



(a) (1) For the 2013-14 fiscal year, twenty-eight
13million dollars ($28,000,000) shall be transferred from the Job
14Creation Fund to the Education Subaccount, which is hereby
15created in the State Energy Conservation Assistance Account
16created pursuant to Section 25416. The moneys in the Education
17Subaccount are appropriated to the Energy Commission for the
18purpose of low-interest and no-interest revolving loans and loan
19loss reserves for eligible projects and technical assistance.

20(2) For the 2013-14 fiscal year, funds in the Education
21Subaccount shall be available for local educational agencies and
22community college districts. If a local educational agency or
23community college district has an eligible project, the amount of
24the funding resources gap that is to be considered a reasonable
25loan value from the Education Subaccount is the project cost less
26the amount of any grant awarded pursuant to Section 26233 and
27less any state, federal, or local incentives. A local educational
28agency or community college district may need to meet additional
29credit or other financial qualifying criteria applicable pursuant to
30the Energy Conservation Assistance Act of 1979 (Chapter 5.2
31(commencing with Section 25410) of Division 15). The Energy
32Commission shall facilitate a local educational agency or
33community college district’s participation in both the Job Creation
34Fund and Energy Conservation Assistance Account programs
35through coordinated information, documentation, and review
36processes regarding the project and the borrowing entity.

37(b) For the 2014-15 through 2017-18 fiscal years, inclusive,
38the amount transferred from the Job Creation Fund to the Energy
39Conservation Assistance Account shall be determined in the annual

P5    1(c) Funds remaining in the Education Subaccount after the
22017-18 fiscal year shall continue to be available in future years
3for loans to local educational agencies and community college
4districts pursuant to this section.

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