BILL NUMBER: SB 1459	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Morrell

                        FEBRUARY 19, 2016

   An act to amend Section 14595.5 of the Public Resources Code,
relating to beverage container recycling.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1459, as introduced, Morrell. Beverage container recycling:
enforcement.
   The California Beverage Container Recycling and Litter Reduction
Act requires a distributor of specified beverage containers to pay a
redemption payment to the Department of Resources Recycling and
Recovery for each beverage container, as defined, sold or
transferred. Existing law prohibits any person from paying, claiming,
or receiving any refund value, processing payment, handling fee, or
administrative fee for imported beverage container material,
previously redeemed containers, rejected containers, line breakage,
or other ineligible material. Existing law also prohibits any person,
with intent to defraud, from redeeming or attempting to redeem those
containers or materials, returning previously redeemed containers to
the marketplace for redemption, or bringing those containers or
materials to the marketplace for redemption, as specified.
   This bill would make nonsubstantive changes to these provisions.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 14595.5 of the Public Resources Code is amended
to read:
   14595.5.  (a) (1)  No   A  person shall
 not  pay, claim, or receive any refund value, processing
payment, handling fee, or administrative fee for any of the
following:
   (A) Beverage container material that the person knew, or should
have known, was imported from out of state.
   (B) A previously redeemed container, rejected container, line
breakage, or other ineligible material.
   (2)  No   A  person shall  not 
, with intent to defraud, do any of the following:
   (A) Redeem or attempt to redeem an out-of-state container,
rejected container, line breakage, previously redeemed container, or
other ineligible material.
   (B) Return a previously redeemed container to the marketplace for
redemption.
   (C) Bring an out-of-state container, rejected container, line
breakage, or other ineligible material to the marketplace for
redemption.
   (D) Receive, store, transport, distribute, or otherwise facilitate
or aid in the redemption of a previously redeemed container,
out-of-state container, rejected container, line breakage, or other
ineligible material.
   (b) For purposes of implementing subdivision (a), the department
shall take all reasonable steps to exclude beverage container
material imported from out of state, previously redeemed containers,
rejected containers, and line breakage, when conducting surveys to
determine a commingled rate pursuant to Section 14549.5.