Amended in Senate August 16, 2016

Amended in Senate June 28, 2016

Amended in Assembly May 5, 2015

Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 1108

Introduced by Assembly Memberbegin delete Lowend deletebegin insert Burkeend insert

February 27, 2015

begin deleteAn act to amend Section 14572 of the Public Resources Code, relating to beverage containers. end deletebegin insertAn act to add Section 43101.7 to the Health and Safety Code, relating to vehicular air pollution.end insert


AB 1108, as amended, begin deleteLowend delete begin insertBurkeend insert. begin deleteBeverage containers: recycling. end deletebegin insertZero-emission vehicles.end insert

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Existing law imposes various limitations on emissions of air contaminants for the control of air pollution from vehicular and nonvehicular sources. Existing law generally designates the State Air Resources Board as the state agency with the primary responsibility for the control of vehicular air pollution. Existing law required the state board to adopt regulations that achieve the maximum feasible reduction of greenhouse gases emitted by passenger vehicles and light-duty trucks and any other vehicles determined by the state board to be vehicles whose primary use is noncommercial personal transportation in the state.

end insert
begin insert

This bill would require the state board, no later than December 31, 2017, to adopt a regulation to establish that, by 2025, no less than 15% of all new car sales within the state would be required to be zero-emission vehicles, as defined.

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(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.

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This bill would prohibit a certified recycling center from paying the refund value 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, 50 pounds of plastic beverage containers, or 500 pounds of glass beverage containers, submitted by that 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.

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(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.

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This bill would provide that no reimbursement is required by this act for a specified reason.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: begin deleteyes end deletebegin insertnoend insert.

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

P2    1begin insert

begin insertSECTION 1.end insert  

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begin insertSection 43101.7 is added to the end insertbegin insertHealth and Safety
end insert
begin insert, to read:end insert

begin insert

begin insert43101.7.end insert  

(a) For purposes of this section, “zero-emission
4vehicle” means a vehicle that produces zero exhaust emissions of
5any criteria pollutant, precursor pollutant, or greenhouse gas in
6any mode of operation or condition.

(b) It is the policy of the state to foster the use of zero-emission
8vehicles as an environmentally and economically beneficial
9strategy to reduce air pollution and promote public health and

(c) The state board, no later than December 31, 2017, shall
12adopt a regulation that establishes that, by 2025, no less than 15
13percent of all new car sales within the state shall be zero-emission

end insert
begin delete
P3    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) 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.

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

33(d) (1) Only a certified recycling center may pay the refund
34value to consumers or dropoff or collection programs. A person
35shall not pay a noncertified recycler for empty beverage containers
36an amount that exceeds the current scrap value for each container
37type, which shall be determined in the following manner:

38(A) For a plastic or glass beverage container, the current scrap
39value shall be determined by the department.

P4    1(B) For an aluminum beverage container, the current scrap value
2shall be not greater than the amount paid to the processor for that
3aluminum beverage container, on the date the container was
4purchased, by the location of end use, as defined in the regulations
5of the department.

6(2) A person shall not receive or retain, for empty beverage
7containers that come from out of state, any refund values,
8processing payments, or administrative fees for which a claim is
9made to the department against the fund.

10(3) Paragraph (1) does not affect curbside programs under
11contract with cities or counties.

12(e) A certified recycling center shall not pay a refund value to,
13or claim a refund value for any material received from, a person
14who is not certified by the department and who delivers material
15in excess of 50 pounds of aluminum beverage containers, 50
16pounds of plastic beverage containers, or 500 pounds of glass
17beverage containers, submitted by that person to the certified
18recycling center during a single 24-hour period.


SEC. 2.  

No reimbursement is required by this act pursuant to
20Section 6 of Article XIII B of the California Constitution because
21the only costs that may be incurred by a local agency or school
22district will be incurred because this act creates a new crime or
23infraction, eliminates a crime or infraction, or changes the penalty
24for a crime or infraction, within the meaning of Section 17556 of
25the Government Code, or changes the definition of a crime within
26the meaning of Section 6 of Article XIII B of the California

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