BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 1401
                                                                  Page  1

          Date of Hearing:   June 30, 2010

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                  SB 1401 (Simitian) - As Amended:  April 21, 2010 

          Policy Committee:                              Natural  
          ResourcesVote:7-0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              No

           SUMMARY  

          This bill makes clarifying and technical changes to AB 8X 7  
          (Committee on Budget), Chapter 5, Statutes of 2010, which made  
          several changes to the bottle bill program to address a program  
          funding shortfall.  Specifically, this bill:

          1)Requires that status reports on the Beverage Container  
            Recycling Fund (BCRF) include fund balances and be posted on  
            the Web site of the Department of Resources Recycling and  
            Recovery (Calrecycle).

          2)Adjusts the timeline for the notifications and actions  
            required after Calrecycle review of BCRF status.

          1)Makes technical and conforming changes.

           FISCAL EFFECT  

          No state costs.

           COMMENTS  

           1)Rationale .  The author intends this bill to facilitate  
            Calrecycles' implementation of AB 8X 7 by making technical and  
            clarifying changes to provisions of AB 8X 7.

           2)Beverage Container Recycling-Too Good For the Bottle, Too Good  
            for the Can  .  The Division of Recycling (DOR) of Calrecycle  
            administers the Beverage Container Recycling Program, commonly  
            referred to as the bottle bill program.  This program was  
            created more than 20 years ago by Chapter 1290, Statutes of  








                                                                  SB 1401
                                                                  Page  2

            1986 (AB 2020, Margolin). The program encourages the voluntary  
            recycling of most beverage containers by guaranteeing a  
            minimum payment (the "California Redemption Value" (CRV)) for  
            each container returned to a certified recycler. Beverage  
            containers are subject to the CRV based on both the content of  
            the container (the beverage type, such as water or sports  
            drinks) and the container material (such as glass or plastic).

            Several years ago, the fund into which CRV deposits are  
            made-the Beverage Container Recycling Fund-had fund balances  
            that exceeded the yearly cost of the bottle bill program by  
            tens of millions of dollars. This is because Californians  
            recycled beverage containers at a rate well below 80%-the rate  
            at which payments into the fund would equal payments out of  
            the fund.  Much of the excess funds went to pay for programs  
            to support recycling.  In addition, the excess fund balance  
            was repeatedly loaned, first to the General Fund and then to  
            the Air Pollution Control Fund to pay for implementation of  
            the state's greenhouse gas emissions reduction efforts.

            More recently, recycling rates have increased well above 80%.   
            At the same time, purchases of beverage containers subject to  
            the CRV have declined.  As a result, the BCRF is unable to  
            support the programs intended to facilitate recycling.  In  
            response, the Legislature passed AB 8X 7 (Budget Committee) in  
            March, which provides a one-time influx of $100 million  
            dollars and temporarily suspends multiple grant programs.

           Analysis Prepared by  :    Jay Dickenson / APPR. / (916) 319-2081