AB 1108, as amended, Low. 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.begin insert The act requires a processor to pay a refund value to a certified recycling center for each beverage container received from the certified recycling center.end insert A violation of the act is a crime.
This bill would prohibit a certified recycling center from paying the refund valuebegin delete to a consumer for more thanend deletebegin insert to, or claiming the refund value for any material received
from, a person who is not certified by the department and who delivers material in excess ofend insert 50 pounds of aluminum beveragebegin delete containers orend deletebegin insert containers, 50 pounds ofend insert plastic beverage containers,begin delete or any combination thereof,end delete or 500 pounds of glass beverage containers, submitted by thatbegin delete consumerend deletebegin insert personend insert 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 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
10containers.
11(3) For beverage containers
redeemed by consumers, a certified
12recycling center shall pay the refund value using the applicable
13segregated rate, as defined in paragraph (43) of subsection (a) of
14Section 2000 of Title 14 of the California Code of Regulations, as
15that section read on September 1, 2013, which shall be based on
16the weight of the redeemed beverage containers.
17(b) A recycling center or processor that was in existence on
18January 1, 1986, and that refused, as of January 1, 1986, to accept
19at a particular location a certain type of empty beverage container
20may continue to refuse to accept at the location the type or types
21of empty beverage containers that the recycling center or processor
22refused to accept as of January 1, 1986. A certified recycling center
23that refuses, pursuant to this subdivision, to accept a certain type
24or types of empty
beverage containers is not eligible to receive
25handling fees unless the center agrees to accept all types of empty
26beverage containers and is a supermarket site. This subdivision
27does not preclude the certified recycling center from receiving a
28handling fee for beverage containers redeemed at supermarket
29sites that do accept all types of containers.
P3 1(c) The department shall develop procedures by which recycling
2centers and processors that meet the criteria of subdivision (b) may
3recertify to change the material types accepted.
4(d) (1) Only a certified recycling center may pay the refund
5value to consumers or dropoff or collection programs. A person
6shall not pay a noncertified recycler for empty beverage containers
7an amount that exceeds the current scrap
value for each container
8type, which shall be determined in the following manner:
9(A) For a plastic or glass beverage container, the current scrap
10value shall be determined by the department.
11(B) For an aluminum beverage container, the current scrap value
12shall be not greater than the amount paid to the processor for that
13aluminum beverage container, on the date the container was
14purchased, by the location of end use, as defined in the regulations
15of the department.
16(2) A person shall not receive or retain, for empty beverage
17containers that come from out of state, any refund values,
18processing payments, or administrative fees for which a claim is
19made to the department against the fund.
20(3) Paragraph (1) does not affect curbside programs under
21contract with cities or counties.
22(e) A certified recycling center shall not pay a refund valuebegin delete to begin insert to, or claim a refund value for any
23a consumer for more thanend delete
24material received from, a person who is not certified by the
25department and who delivers material in excess ofend insert 50 pounds of
26aluminum beveragebegin delete containers orend deletebegin insert containers, 50 pounds ofend insert plastic
27beverage containers,begin delete or any combination thereof,end delete
or 500 pounds
28of glass beverage containers, submitted by thatbegin delete consumerend deletebegin insert personend insert
29 to the certified recycling center during a single 24-hour period.
No reimbursement is required by this act pursuant to
31Section 6 of Article XIII B of the California Constitution because
32the only costs that may be incurred by a local agency or school
33district will be incurred because this act creates a new crime or
34infraction, eliminates a crime or infraction, or changes the penalty
35for a crime or infraction, within the meaning of Section 17556 of
36the Government Code, or changes the definition of a crime within
37the meaning of Section 6 of Article XIII B of the California
38Constitution.
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