BILL ANALYSIS                                                                                                                                                                                                    Ó



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          (Without Reference to File)





          SENATE THIRD READING


          SB  
          842 (Committee on Budget and Fiscal Review)


          As Amended  June 23, 2016


          Majority vote


          SENATE VOTE:  Vote not relevant




          SUMMARY:  This is the Bottle Bill Trailer Bill for 2016-17.  It  
          contains necessary changes related to the Budget Act of 2016.   
          This bill makes various statutory changes to implement the  
          2016-17 budget.  Specifically, this bill:
          1)Suspends all payments from the Beverage Container Recycling  
            Fund on April 1, 2017.


          2)Provides an immediate adjustment of processing payments to  
            reflect the 2015 cost of recycling.  This adjustment would  
            terminate on April 1, 2017.


          3)Immediately prohibits the per-container handling fee from  
            dropping below the fee that was in effect on July 1, 2015.   








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            This adjustment would terminate on April 1, 2017.


          4)Provides a suspension of penalties imposed on retailers for  
            those convenience zone locations that were closed between  
            January 1, 2016 and March 31, 2016.  This suspension would  
            terminate on April 1, 2017.


          5)Provides a suspension of penalties imposed on retailers for  
            those locations that closed as a result of CalRecycle action,  
            beginning July 1, 2016.  This suspension would terminate on  
            April 1, 2017.


          6)Provides CalRecycle the authority to expend up to $3 million  
            for supplemental payments to low-volume recycling centers for  
            the 2016-17 fiscal year.


          7)Clarifies CalRecycle's current statutory authority to initiate  
            processing fee offset reductions if payments from the fund  
            exceed revenues.  Prohibits the Department from reducing  
            processing fee offsets before April 1, 2017.


          8)Requires the processing payments to be based on the scrap  
            values in the most recent available three-month period,  
            instead of 12-month period.


          COMMENTS:  Recycling rates have dropped to the lowest levels  
          since 2012, and are likely to continue to drop with decreased  
          access to recycling centers.  The latest published CalRecycle  
          data suggests that the average recycling rate for all container  
          types was 7-8% lower than anticipated in the last quarterly  
          report.  Every 1% drop in recycling rates costs consumers $12  
          million in reduced redemption.









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          Approximately one-third of the total in-state convenience zone  
          recycling infrastructure has closed in the past 12 months,  
          caused by a combination of plummeting worldwide commodities  
          prices and an 11% reduction in state payments.  It is  
          anticipated that 50% or more of the remaining infrastructure  
          could close once additional reduction in recycling payments take  
          effect on July 1, 2016.  As a result, consumers are losing  
          access to redemption centers.


          The last quarterly report for the Beverage Container Recycling  
          Fund (Fund) indicates a continued structural imbalance.  Without  
          action by July 1, 2016, hundreds of retailers will be treated as  
          the recycler of last resort or face significant ($100/day per  
          impacted store site) penalties for noncompliance and more  
          convenience zone recycling centers will close.


          This bill provides temporary funding for recycling centers and  
          grocers/retailers, and sunsets all payments from the Fund on  
          April 1, 2017.  This provides nine months for the Legislature,  
          the Administration, and stakeholders to negotiate comprehensive  
          reform of the Beverage Container Recycling Program.  




          Analysis Prepared by:                                             
                          Gabrielle Meindl / BUDGET / 916-319-2099  FN:  
          0003514
















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