BILL ANALYSIS                                                                                                                                                                                                    




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair

                                           2718 (Adams)
          
          Hearing Date:  07/15/2010           Amended: 04/14/2010
          Consultant:  Brendan McCarthy   Policy Vote: EQ 7-0














































          AB 2718 (Adams), page 2


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          BILL SUMMARY: AB 2718 requires the Department of Resources  
          Recycling and Recovery to pay "handling fees" to dealers that  
          accept used bottles and cans for recycling, provided that the  
          dealer is located in an area where there is no dedicated  
          recycling center. The bill also authorizes recycling centers in  
          unserved areas to be open less than thirty hours per week.
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          ____
                            Fiscal Impact (in thousands)

           Major Provisions         2010-11      2011-12       2012-13     Fund
           
          Processing applicationsUp to $280 per year              Special  
          *

          Fraud investigations   $150       $240        $240      Special  
          *

          * California Beverage Container Recycling Fund.
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          STAFF COMMENTS: This bill meets the criteria for referral to the  
          Suspense File.

          Under current law, the Department of Resources Recycling and  
          Recovery manages the Beverage Container Recycling Fund (often  
          referred to as the "bottle bill program"). The Fund is supported  
          by fees assessed on bottles and cans at the time of sale and  
          fees charged to bottle and can manufacturers. The fund is used  
          to support the recovery and recycling of bottles and cans by  
          paying redemption value payments to consumers that recycle  
          bottles and cans and to provide subsidies to the recycling  
          industry. For example, the Department pays handling fees of  
          $0.00859 per container to recyclers to encourage them to operate  
          collection centers.

          The Department designates convenience zones, where members of  
          the public are able to bring bottles and cans for recycling.  
          Typically, a recycler certified by the department will set up a  
          collection point in a supermarket parking lot within the  
          convenience zone. Only one certified recycling center per  
          convenience zone is eligible to receive handling payments from  
          the Department. If there is no certified recycling center in the  







          AB 2718 (Adams), page 2


          convenience zone, the Department may certify a single dealer  
          (typically a grocery store) to receive handling fees for  
          collecting bottles and cans.

          AB 2718 defines an "unserved convenience zone" as a convenience  
          zone that has no certified recycling center or certified dealer.  
          The bill allows any dealer in an unserved convenience zone to  
          apply for certification, allowing the dealer to receive handling  
          fees.

          AB 2718 also authorizes the Department to allow certified  
          recycling centers to operate less than thirty hours per week  
          (but not less than 20 hours per week), if the recycling center  
          is located in an unserved convenience zone that has been  
          unserved for at least six months.

          Unlike current law, the bill allows for multiple dealers to  
          apply for certification and receive handling fees, if they are  
          located in an unserved convenience zone. According to the  
          Department, there are about 2,500 dealers located in unserved  
          convenience zones. The Department anticipates that a large  
          number of dealers are likely to apply for certification under  
          the bill. Depending on the number of dealers that apply for  
          certification, the Department anticipates needing up to three  
          additional positions to process those applications. In addition,  
          a large increase in the number of certified dealers will  
          increase the Department's oversight and fraud investigation  
          workload.

          While the number of certified dealers that can collect bottles  
          and cans may increase under the bill, the Department does not  
          anticipate a significant overall increase in the numbers of  
          bottles and cans being recycled. Thus, the Department does not  
          anticipate a significant increase in total handling fee  
          payments.

          Staff notes that current economic conditions have reduced the  
          amounts of bottles and cans purchased by consumers, while at the  
          same time driving increased levels of recycling. This has  
          reduced the available balance in the Beverage Container  
          Recycling Fund. In response, the Legislature enacted AB x8 7  
          (Assembly Budget Committee, Chapter 5, 2009). AB x8 7 made a  
          variety of changes to the operation of the program, to ensure  
          its fiscal stability, including accelerating payments to the  
          fund and reducing certain expenditures.