BILL NUMBER: AB 2718	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 14, 2010
	AMENDED IN ASSEMBLY  APRIL 5, 2010

INTRODUCED BY   Assembly Member Adams

                        FEBRUARY 19, 2010

   An act to amend Section 14571.2 of, and to add Sections 
14526.8, 14571.6.5, 14571.6.6, and 14571.6.7   14526.8
and 14571.6.5  to, the Public Resources Code, relating to
recycling, and making an appropriation therefor.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2718, as amended, Adams. Recycling: beverage containers:
recycling centers.
   (1) Existing law, the California Beverage Container Recycling and
Litter Reduction Act (act), requires a distributor to pay a
redemption payment for every beverage container sold or offered for
sale in the state to the Division of Recycling in the Department of
Resources Recycling and Recovery. The division is required to deposit
those amounts in the California Beverage Container Recycling Fund.
Existing law defines "convenience zone" for the purposes of the act
and requires that every convenience zone is to be served by at least
one certified recycling center, with specified operating hours.
Existing law imposes specified requirements upon dealers located in a
convenience zone that is not served by a recycling center, including
that the dealer redeem beverage containers at the dealer's location
when the dealer is open for business.
   This bill would define the term "unserved convenience zone" and
 would require the department to provide assistance and
incentives to reduce the number of unserved convenience zones to less
than 5% of total convenience zones by January 1, 2012. The bill
would exempt, until December 31, 2011, a dealer from the requirement
to redeem beverage containers. The bill  would make a dealer
 meeting   who is located in an unserved
convenience zone and meets  certain requirements eligible for
the payment of handling fees, thereby making an appropriation.
   The bill would permit the division to authorize an operator of a
certified recycling center to be open for business less than 30 hours
per week, but not less than 20 hours per week, if the recycling
center is located in an unserved convenience zone, as defined, that
has been unserved for at least 6 continuous months.
   (2) Under existing law, the money in the fund is continuously
appropriated to the division to pay, among other things, handling
fees to provide an incentive for the redemption of empty beverage
containers in convenience zones. Existing law prohibits the division
from making handling fee payments to more than one certified
recycling center in a convenience zone.
   This bill would  permit the division to authorize
  make  additional certified recycling centers
 to be  eligible for handling fees  and to
increase the amount of the handling fee  , thereby making an
appropriation.
   Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 14526.8 is added to the Public Resources Code,
to read:
   14526.8.  "Unserved convenience zone" means a convenience zone
where there is not in operation a certified recycling center or other
location that meets the requirements of subdivision (a) of Section
14571, and where the zone is otherwise not exempt pursuant to Section
14571.8.
  SEC. 2.  Section 14571.2 of the Public Resources Code is amended to
read:
   14571.2.  (a) The department shall continuously assist dealers and
recyclers to establish certified recycling locations within each
convenience zone. This assistance includes, but is not limited to,
providing information to companies and organizations interested in
operating recycling in the convenience zone; providing dealers with
names of prospective recyclers for the convenience zone and providing
recyclers with the names of dealers in need of a recycler for a
convenience zone; providing dealers and recyclers with information on
grants, advertising funds, and other resources available; and
providing recyclers with advice regarding appearance and image of the
recycling center and the efficient handling and transportation of
recycled beverage containers. 
   (b) The department shall provide assistance and incentives to
reduce the number of unserved convenience zones to less than 5
percent of the total number of convenience zones by January 1, 2012.
 
   (c) (1) Notwithstanding Section 14571.6, for any convenience zone
that was unserved on July 1, 2009, the obligation of dealers in that
convenience zone to redeem empty beverage containers in the store
shall be suspended until December 31, 2011.  
   (2) Notwithstanding Section 14585, a dealer, located in an

    (b)     Notwithstanding Section 14585, a
dealer that is certified by the department pursuant to Section 14538
and is located in an  unserved convenience zone, that chooses to
redeem empty beverage containers inside the store shall be eligible
to receive handling fees pursuant to Section 14585 and a processor
shall pay refund values, administrative costs, and processing
payments to the dealer pursuant to subdivision (a) of Section 14573.5
in the same manner as a recycling center operating in compliance
with Section 14571.
  SEC. 3.  Section 14571.6.5 is added to the Public Resources Code,
to read:
   14571.6.5.  (a) Notwithstanding Section 14571, the department may
allow the operator of a certified recycling center to be open for
business for less than 30 hours per week, but not less than 20 hours
per week, if the certified recycling center is located in a
convenience zone that has been unserved for at least six continuous
months, and the convenience zone is identified by the department as
an unserved convenience zone.
   (b) A certified recycling center that is authorized by the
department pursuant to subdivision (a) shall be eligible to apply for
handling fees pursuant to Section 14585, and a processor shall pay
refund values, administrative costs, and processing payments to the
certified recycling center pursuant to subdivision (a) of Section
14573.5 in the same manner as to a certified recycling center
operating in compliance with Section 14571. 
  SEC. 4.    Section 14571.6.6 is added to the
Public Resources Code, to read:
   14571.6.6.  Notwithstanding Sections 14571 and 14585, the
department may authorize the operator of a certified recycling center
to be eligible to apply for the payment of handling fees if the
certified recycling center is located in a convenience zone that has
been unserved for at least six continuous months, the certified
recycling center is not located in a supermarket site, and the
convenience zone in which the certified recycling center is located
is identified by the department as an unserved convenience zone.
 
  SEC. 5.    Section 14571.6.7 is added to the
Public Resources Code, to read:
   14571.6.7.  Notwithstanding Section 14585, the department may
authorize the operator of a certified recycling center to be eligible
to be paid, for a period of 24 months, a handling fee in an amount
equivalent to 120 percent of the amount of the handling fee paid on
January 1, 2011, if the certified recycling center is located in a
convenience zone that has been unserved for at least six continuous
months, and the convenience zone is identified by the department as
an unserved convenience zone.