BILL NUMBER: AB 1108	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 26, 2015

INTRODUCED BY   Assembly Member Low

                        FEBRUARY 27, 2015

   An act to amend Section  26227   14572 
of the Public Resources Code, relating to  clean energy.
  beverage containers. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1108, as amended, Low.  Clean energy: financial
assistance.   Beverage Containers: recycling.  

   (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.  
   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.  
   (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.  
   This bill would provide that no reimbursement is required by this
act for a specified reason.  
   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.  
   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. 
   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 14572 of the   Public
Resources Code   is amended to read: 
   14572.  (a) (1) Except as provided in  subdivision (b),
  subdivisions (b) and (e),  a certified recycling
center shall accept from any consumer or dropoff or collection
program any empty beverage container, and shall pay to the consumer
or dropoff or collection program the refund value of the beverage
container.
   (2) Except as provided in paragraph (3), the recycling center may
pay the refund value based on the weight of returned containers.
   (3) On and after September 1, 2013, for beverage containers
redeemed by consumers, a certified recycling center shall pay the
refund value using the applicable segregated rate, as defined in
paragraph (43) of subsection (a) of Section 2000 of Title 14 of the
California Code of Regulations, as that section read on September 1,
2013, which shall be based on the weight of the redeemed beverage
containers.
   (b) Any recycling center or processor that was in existence on
January 1, 1986, and that refused, as of January 1, 1986, to accept
at a particular location a certain type of empty beverage container
may continue to refuse to accept at the location the type or types of
empty beverage containers that the recycling center or processor
refused to accept as of January 1, 1986. A certified recycling center
that refuses, pursuant to this subdivision, to accept a certain type
or types of empty beverage containers is not eligible to receive
handling fees unless the center agrees to accept all types of empty
beverage containers and is a supermarket site. This subdivision does
not preclude the certified recycling center from receiving a handling
fee for beverage containers redeemed at supermarket sites that do
accept all types of containers.
   (c) The department shall develop procedures by which recycling
centers and processors that meet the criteria of subdivision (b) may
recertify to change the material types accepted.
   (d) (1) Only a certified recycling center may pay the refund value
to consumers or dropoff or collection programs. A person shall not
pay a noncertified recycler for empty beverage containers an amount
that exceeds the current scrap value for each container type, which
shall be determined in the following manner:
   (A) For a plastic or glass beverage container, the current scrap
value shall be determined by the department.
   (B) For an aluminum beverage container, the current scrap value
shall be not greater than the amount paid to the processor for that
aluminum beverage container, on the date the container was purchased,
by the location of end use, as defined in the regulations of the
department.
   (2) A person shall not receive or retain, for empty beverage
containers that come from out of state, any refund values, processing
payments, or administrative fees for which a claim is made to the
department against the fund.
   (3) Paragraph (1) does not affect curbside programs under contract
with cities or counties. 
   (e) A certified recycling center shall not accept or pay a 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 during a single
24-hour period.
   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 26227 of the Public
Resources Code is amended to read:
   26227.  (a) (1) For the 2013-14 fiscal year, twenty-eight million
dollars ($28,000,000) shall be transferred from the Job Creation Fund
to the Education Subaccount, which is hereby created in the State
Energy Conservation Assistance Account created pursuant to Section
25416. The moneys in the Education Subaccount are appropriated to the
Energy Commission for the purpose of low-interest and no-interest
revolving loans and loan loss reserves for eligible projects and
technical assistance.
   (2) For the 2013-14 fiscal year, funds in the Education Subaccount
shall be available for local educational agencies and community
college districts. If a local educational agency or community college
district has an eligible project, the amount of the funding
resources gap that is to be considered a reasonable loan value from
the Education Subaccount is the project cost less the amount of any
grant awarded pursuant to Section 26233 and less any state, federal,
or local incentives. A local educational agency or community college
district may need to meet additional credit or other financial
qualifying criteria applicable pursuant to the Energy Conservation
Assistance Act of 1979 (Chapter 5.2 (commencing with Section 25410)
of Division 15). The Energy Commission shall facilitate a local
educational agency or community college district's participation in
both the Job Creation Fund and Energy Conservation Assistance Account
programs through coordinated information, documentation, and review
processes regarding the project and the borrowing entity.
   (b) For the 2014-15 through 2017-18 fiscal years, inclusive, the
amount transferred from the Job Creation Fund to the Energy
Conservation Assistance Account shall be determined in the annual
budget.
   (c) Funds remaining in the Education Subaccount after the 2017-18
fiscal year shall continue to be available in future years for loans
to local educational agencies and community college districts
pursuant to this section.