Amended in Assembly May 5, 2015

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 Section 14572 of the Public Resources Code, relating to beverage containers.


AB 1108, as amended, Low. Beveragebegin delete Containers:end deletebegin insert containers:end insert 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 frombegin delete accepting orend delete 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.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P2    1


Section 14572 of the Public Resources Code is
2amended to read:



(a) (1) Except as provided in subdivisions (b) and (e),
4a certified recycling center shall accept from any consumer or
5dropoff or collection program any empty beverage container, and
6shall pay to the consumer or dropoff or collection program the
7refund 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) begin deleteOn and after September 1, 2013, for end deletebegin insertFor end insertbeverage 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.

18(b) begin deleteAny end deletebegin insertA end insertrecycling center or processor that was in existence
19on January 1, 1986, and that refused, as of January 1, 1986, to
20accept at a particular location a certain type of empty beverage
21container may continue to refuse to accept at the location the type
22or types of empty beverage containers that the recycling center or
23processor refused to accept as of January 1, 1986. A certified
24recycling center that refuses, pursuant to this subdivision, to accept
25a certain type or types of empty beverage containers is not eligible
26to receive handling fees unless the center agrees to accept all types
27of empty beverage containers and is a supermarket site. This
28subdivision does not preclude the certified recycling center from
29receiving a handling fee for beverage containers redeemed at
30supermarket sites that do accept all types of containers.

31(c) The department shall develop procedures by which recycling
32centers and processors that meet the criteria of subdivision (b) may
33recertify to change the material types accepted.

34(d) (1) Only a certified recycling center may pay the refund
35value to consumers or dropoff or collection programs. A person
P3    1shall not pay a noncertified recycler for empty beverage containers
2an amount that exceeds the current scrap value for each container
3type, which shall be determined in the following manner:

4(A) For a plastic or glass beverage container, the current scrap
5value shall be determined by the department.

6(B) For an aluminum beverage container, the current scrap value
7shall be not greater than the amount paid to the processor for that
8aluminum beverage container, on the date the container was
9purchased, by the location of end use, as defined in the regulations
10of the department.

11(2) A person shall not receive or retain, for empty beverage
12containers that come from out of state, any refund values,
13processing payments, or administrative fees for which a claim is
14made to the department against the fund.

15(3) Paragraph (1) does not affect curbside programs under
16contract with cities or counties.

17(e) A certified recycling center shall notbegin delete accept orend delete pay a refund
18value to a consumer for more than 50 pounds of aluminum
19beverage containers or plastic beverage containers, or any
20combination thereof, or 500 pounds of glass beverage containers,
21submitted by that consumer to the certified recycling center during
22a single 24-hour period.


SEC. 2.  

No reimbursement is required by this act pursuant to
24Section 6 of Article XIII B of the California Constitution because
25the only costs that may be incurred by a local agency or school
26district will be incurred because this act creates a new crime or
27infraction, eliminates a crime or infraction, or changes the penalty
28for a crime or infraction, within the meaning of Section 17556 of
29the Government Code, or changes the definition of a crime within
30the meaning of Section 6 of Article XIII B of the California