BILL ANALYSIS �
AB 712
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CONCURRENCE IN SENATE AMENDMENTS
AB 712 (Williams)
As Amended July 11, 2011
Majority vote
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|ASSEMBLY: |72-0 |(May 5, 2011) |SENATE: |37-0 |(September 7, |
| | | | | |2011) |
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Original Committee Reference: NAT. RES.
SUMMARY : Prohibits the Department of Resources Recycling and
Recovery (DRRR) from providing the Beverage Container Recycling
and Litter Reduction Act (Bottle Bill) funds to a city, county,
or city and county that prevents the siting or operation of a
certified recycling center at a supermarket site.
The Senate amendments specify that the bill goes into effect on
July 1, 2012.
EXISTING LAW , the 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
DRRR, which is required to deposit those amounts in the
California Beverage Container Recycling Fund (Fund). The
money in the Fund is continuously appropriated for the payment
of refund values and processing fees.
3)Specifies that every convenience zone must be served by at
least one certified recycling center, with specified operating
hours. If a zone is "unserved" by a certified recycling
center, existing law requires that the dealer (store) redeem
beverage containers from consumers.
4)Authorizes funding for specified purposes to increase beverage
container recycling, including payments to cities and
counties.
AS PASSED BY THE ASSEMBLY , this bill would have gone into effect
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on January 1, 2012.
FISCAL EFFECT : This bill has been keyed non-fiscal by the
Legislative Counsel.
COMMENTS : The Bottle Bill is designed to provide consumers with
a financial incentive for recycling and to make recycling
convenient to consumers. The centerpiece of the Bottle Bill is
the California Redemption Value (CRV). Consumers pay a deposit,
the CRV, on each beverage container they purchase. Retailers
collect the CRV from consumers when they buy beverages. The
dealer retains a small percentage of the deposit for
administration and remits the remainder to the distributor, who
also retains a small portion for administration before remitting
the balance to DRRR. When consumers return their empty beverage
containers to a recycler (or donate them to a curbside or other
program), the deposit is paid back as a refund.
To provide convenient recycling opportunities to consumers,
certified recycling centers are located on the site of a
supermarket (dealer) and accept beverage containers for
recycling and remit the CRV refund to consumers. There must be
one certified recycling center in each convenience zone, which
is typically a half-mile radius circle around a dealer. In
order to assist these centers cover their operating costs, the
Bottle Bill allocates handling fees. If there is no certified
recycler in a convenience zone, the dealer is responsible for
taking back containers.
According to the author, there are eight cities that prohibit
manned recycling facilities: Newport Beach, Laguna Hills,
Laguna Niguel, Ladera Ranch, Manhattan Beach, Hermosa Beach,
Tustin and Vista. The California Grocers Association provided
two specific examples. The City of Tustin only allows bulk
reverse vending or reverse vending machines on retail and
commercial lots. Tustin does not allow a manned facility on a
grocer's parking lot. The City of Hermosa Beach only allows
recycling facilities in its heavy commercial zones. Hermosa
Beach does not allow recycling centers in retail and commercial,
where all of its grocery stores are located.
Analysis Prepared by : Elizabeth MacMillan / NAT. RES. / (916)
319-2092
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