BILL NUMBER: SB 619	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 13, 2009

INTRODUCED BY   Senator Strickland
    (   Principal coauthor:   Assembly Member
  Nava   ) 

                        FEBRUARY 27, 2009

    An act to amend Section 14501 of the Public Resources
Code, relating to recycling.   An act to add Section
12749.98 to the Water Code, relating to water projects. 


	LEGISLATIVE COUNSEL'S DIGEST


   SB 619, as amended, Strickland.  Recycling.  
Flood control: County of Santa Barbara: Lower Mission Creek. 

   Existing law provides for state cooperation with the federal
government in the construction of specified flood control projects,
and prescribes requirements to be met prior to state authorization of
flood management projects that receive state financial aid. 

   This bill would authorize the state to provide subvention funds,
as prescribed, to the County of Santa Barbara, or to local agencies
in that county, for a flood control project on the Lower Mission
Creek, as described, at an estimated cost to the state of the sum
that may be appropriated for state cooperation by the Legislature
upon the recommendation and advice of the department and upon a
determination by the department that the project meets those
financial aid requirements. The bill would provide that the state
assumes no liability for damages that may result from the project by
authorizing the provision of subvention funds, or by the
appropriation of those subvention funds, as specified.  

   Existing law establishes the California Beverage Container
Recycling and Litter Reduction Act and makes certain findings and
declarations with regard to that act.  
   This bill would make a technical, nonsubstantive change to that
provision. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


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

   SECTION 1.    Section 12749.98 is added to the 
 Water Code   , to read:  
   12749.98.  (a) The state may provide subvention funds in
accordance with Section 12585.7 to the County of Santa Barbara, or to
local agencies in the county, for the project for flood damage
reduction, Santa Barbara streams, Lower Mission Creek, California,
authorized by Section 3034 of the Water Resources Development Act of
2007 (Public Law 110-114), that is substantially in accordance with
the recommendations of the Chief of Engineers of the United States
Army Corps of Engineers, as follows:
   (1) At an estimated cost to the state of the sum that may be
appropriated for state cooperation by the Legislature upon the
recommendations and advice of the department.
   (2) Upon a specific written determination by the department that
the project meets the requirements of Section 12582.7.
   (b) The state assumes no liability for damages that may result
from the project by either of the following:
   (1) Authorizing the provision of subvention funds in accordance
with this section.
   (2) The appropriation by the Legislature of these subvention funds
upon the recommendations and advice of the department.
   (c) A county or local agency may receive the subvention funds only
if it enters into an agreement with the department pursuant to which
the county or local agency agrees to indemnify and hold and save
harmless the state, its officers, agents, and employees for any and
all liability for damages that may result from the project.
   (d) For the purposes of this section, "liability for damages"
includes, but is not limited to, liability for damages relating to
the construction or operation of the project or the failure of the
project to operate as intended.  
  SECTION 1.    Section 14501 of the Public
Resources Code is amended to read:
   14501.  The Legislature finds and declares as follows:
   (a) Experience in this state and other states demonstrates that
financial incentives and convenient return systems ensure the
efficient and large-scale recycling of beverage containers.
Accordingly, it is the intent of the Legislature to encourage
increased, and more convenient, beverage container redemption
opportunities for all consumers. These redemption opportunities shall
consist of dealer and other shopping center locations, independent
and industry operated recycling centers, curbside programs, and other
recycling systems that assure all consumers, in every region of the
state, the opportunity to return beverage containers conveniently,
efficiently, and economically.
   (b) California grocery, beer, soft drink, container manufacturing,
labor, agricultural, consumer, environmental, government, citizen,
recreational, taxpayer, and recycling groups have joined together in
calling for an innovative program to generate large-scale redemption
and recycling of beverage containers.
   (c) This division establishes a beverage container recycling goal
of 80 percent.
   (d) It is the intent of the Legislature to ensure that every
container type proves its own recyclability.
   (e) It is the intent of the Legislature to make redemption and
recycling convenient to consumers, and the Legislature hereby urges
cities and counties, when exercising their zoning authority, to act
favorably on the siting of multimaterial recycling centers, reverse
vending machines, mobile recycling units, or other types of recycling
opportunities, as necessary for consumer convenience, and the
overall success of litter abatement and beverage container recycling
in the state.
   (f) The purpose of this division is to create and maintain a
marketplace where it is profitable to establish sufficient recycling
centers and locations to provide consumers with convenient recycling
opportunities through the establishment of minimum refund values and
processing fees and, through the proper application of these
elements, to enhance the profitability of recycling centers,
recycling locations, and other beverage container recycling programs.

   (g) The responsibility to provide convenient, efficient, and
economical redemption opportunities rests jointly with manufacturers,
distributors, dealers, recyclers, processors, and the Department of
Conservation.
   (h) It is the intent of the Legislature, in enacting this
division, that all empty beverage containers redeemed shall be
recycled, and that the responsibilities and regulations of the
department shall be determined and implemented in a manner that
favors the recycling of redeemed containers, as opposed to their
disposal.
   (i) Nothing in this division shall be interpreted as affecting the
current business practices of scrap dealers or recycling centers,
except that, to the extent they function as a recycling center or
processor, they shall do so in accordance with this division.
   (j) The program established by this division will contribute
significantly to the reduction of the beverage container component of
litter in this state.