BILL NUMBER: AB 1108 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 28, 2016
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: 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.
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. A violation of the act is a
crime.
This bill would prohibit a certified recycling center from paying
the refund value to a consumer for more than
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 of 50 pounds of aluminum beverage
containers or containers, 50 pounds of
plastic beverage containers, or any combination thereof,
or 500 pounds of glass beverage containers, submitted by
that consumer person 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) 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) 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 pay a refund value
to a consumer for more than to, or claim a
refund value for any material received from, a person who is not
certified by the department and who delivers material in excess of
50 pounds of aluminum beverage containers or
containers, 50 pounds of plastic beverage containers,
or any combination thereof, or 500 pounds of glass
beverage containers, submitted by that consumer
person 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.