BILL NUMBER: SB 1401	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Simitian

                        FEBRUARY 19, 2010

   An act to amend Section 14574 of the Public Resources Code,
relating to beverage containers.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1401, as introduced, Simitian. Beverage containers: redemption
payments.
    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 distributor is required to make
these payments not later than the last day of the 3rd month
following a sale, except for those distributors that display a
pattern of compliance who may make a single annual payment, under
specified circumstances with regard to the amount of the distributor'
s projected redemption payment.
   This bill would revise the amount of the projected redemption
payment with regard to which a distributor is eligible to make an
annual payment of redemption payments.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 14574 of the Public Resources Code is amended
to read:
   14574.  (a) (1) A distributor of beverage containers shall pay to
the department the redemption payment for every beverage container,
other than a refillable beverage container, sold or transferred to a
dealer, less 1.5 percent for the distributor's administrative costs.
   (2)  The payment made by a distributor shall be made not later
than the last day of the third month following the sale. The
distributor shall make the payment in the form and manner that the
department prescribes.
   (b) (1) Notwithstanding subdivision (a), if a distributor displays
a pattern of operation in compliance with this division and the
regulations adopted pursuant to this division, to the satisfaction of
the department, the distributor may make a single annual payment of
redemption payments, if the  distributor meets either of the
following requirements:   distributor's projected
redemption payment for a calendar year totals less than seventy-five
thousand dollars ($75,000).  
   (A) If the redemption payment and refund value is not increased
pursuant to paragraph (3) of subdivision (a) of Section 14560, the
distributor's projected redemption payment for a calendar year totals
less than fifty thousand dollars ($50,000).  
   (B) If the redemption payment and refund value is increased
pursuant to paragraph (3) of subdivision (a) of Section 14560, the
distributor's projected redemption payment for a calendar year totals
less than seventy-five thousand dollars ($75,000). 
   (2) An annual redemption payment made pursuant to this subdivision
is due and payable on or before February 1 for every beverage
container sold or transferred by the distributor to a dealer in the
previous calendar year.
   (3) A distributor shall notify the department of its intent to
make an annual redemption payment pursuant to this subdivision on or
before January 31 of the calendar year for which the payment will be
due.