BILL NUMBER: AB 1108	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 5, 2015
	AMENDED IN ASSEMBLY  MARCH 26, 2015

INTRODUCED BY   Assembly Member Low

                        FEBRUARY 27, 2015

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1108, as amended, Low. Beverage  Containers: 
 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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: 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 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  
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   A  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.