BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 1401
                                                                  Page  1

          Date of Hearing:  June 21, 2010

                       ASSEMBLY COMMITTEE ON NATURAL RESOURCES
                                Wesley Chesbro, Chair
                   SB 1401 (Simitian) - As Amended:  April 21, 2010

           SENATE VOTE  :  34-0
           
          SUBJECT  :  Beverage containers:  redemption payments

           SUMMARY  :  Makes clarifying and technical changes to AB 8X 7  
          (Committee on Budget), Chapter 5, Statutes of 2010. 

           EXISTING LAW  , under the California Beverage Container Recycling  
          and Litter Reduction Act (Bottle Bill):

          1)Establishes refund value and redemption payments for beverage  
            containers. 

          2)Requires a distributor to pay a redemption payment for every  
            beverage container sold or offered for sale in the state to  
            the Department of Resources Recycling and Recovery (DRRR) and  
            DRRR is required to deposit those amounts in the California  
            Beverage Container Recycling Fund (Fund). The money in the  
            Fund is continuously appropriated to DRRR for the payment of  
            refund values and processing fees. 

          3)Requires DRRR to review the status of the Fund every three  
            months to ensure that funds are adequate to make expenditures  
            according the Bottle Bill and make specified determinations. 

          4)Authorizes funding for specified purposes to increase beverage  
            container recycling including public education and recycling  
            grants.

           THIS BILL  :  

           1)Requires that the status reports on the Fund include fund  
            balances and be posted on DRRR's Internet Web site.

          2)Adjusts the timeline for the notifications and actions  
            required after DRRR review of the Fund status.

          3)Makes technical and conforming changes.
           








                                                                 SB 1401
                                                                  Page  2

          FISCAL EFFECT  :  According to the Senate Appropriations  
          Committee, pursuant to Senate Rule 28.8, this bill has  
          negligible state costs.  

           COMMENTS  :  This bill makes technical and clarifying changes to  
          provisions of AB8X 7 to address implementation issues raised by  
          DRRR.

          AB8X 7 made changes to the Bottle Bill Program to address a  
          shortfall in program funding, including:

          1)Accelerated California Refund Value payments by distributors  
            in order to provide a $100 million one-time revenue increase  
            in the current fiscal year.

          2)Made program participants "whole" for the second half of FY  
            2010-11 by authorizing retroactive program payments to January  
            1, 2010.

          3)Capped processing fee offsets made by DRRR to manufacturers  
            for the 2010 and 2011 calendar years at 2008 levels, resulting  
            in approximately $9 million in current year savings and $18  
            million in fiscal year savings.

          4)Identified additional savings of approximately $28 million in  
            the current year and approximately $56 million in the fiscal  
            year by suspending various continuous appropriations for two  
            years.

           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          None on file
           
            Opposition 
           
          None on file


           Analysis Prepared by  :  Elizabeth MacMillan / NAT. RES. / (916)  
          319-2092