BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



           ------------------------------------------------------------ 
          |SENATE RULES COMMITTEE            |                  AB 1019|
          |Office of Senate Floor Analyses   |                         |
          |1020 N Street, Suite 524          |                         |
          |(916) 651-1520         Fax: (916) |                         |
          |327-4478                          |                         |
           ------------------------------------------------------------ 
           
                                         
                                 THIRD READING


          Bill No:  AB 1019
          Author:   John A. Pérez (D)
          Amended:  9/2/11 in Senate
          Vote:     27 - Urgency

           
           PRIOR VOTES NOT RELEVANT

          SENATE ENVIRONMENTAL QUALITY COMMITTEE  :  4-1, 9/7/11, 
            pursuant to 29.10  
           AYES:  Simitian, Hancock, Kehoe, Pavley
          NOES: Strickland
          NO VOTE RECORDED:  Blakeslee, Lowenthal


           SUBJECT  :    Solid waste: carpet stewardship

           SOURCE  :     Author


           DIGEST  :    This bill reenacts the state law that enacted 
          the carpet stewardship program and provides that the law 
          continues to be operative on and after November 3, 2011.

           Senate Floor Amendments  of 9/2/11 delete the prior version 
          of the bill providing that by January 1, 2014 the 
          Department of General Services establish steps to recycle 
          postconsumer carpet from buildings owned or leased by the 
          state, and instead reestablishes the carpet stewardship 
          program.

           ANALYSIS  :     Existing law  :

                                                           CONTINUED





                                                               AB 1019
                                                                Page 
          2

          1.Establishes a Carpet Product Stewardship Program for the 
            purpose of increasing the amount of postconsumer carpet 
            that is diverted from landfills.
          2.Prohibits carpet producers and retailers from selling 
            carpet in California unless the producer or a carpet 
            stewardship organization has submitted a stewardship plan 
            to the Department of Resources Recycling and Recovery 
            (DRRR) with the goal of increasing the recycling of 
            postconsumer carpet.
           
          3.Requires, on and after July 1, 2011, but not on or after 
            January 1, 2013, a manufacturer of carpet shall add a 
            carpet stewardship assessment of five cents ($0.05) per 
            square yard to the purchase price of all carpet sold in 
            the state by that manufacturer.  The assessment shall be 
            remitted on a quarterly basis, as appropriate, to the 
            stewardship organization to begin early action measures 
            for carpet recycling and to support the implementation of 
            the stewardship plans.

          4.Proposition 26, approved by the voters by initiative on 
            November 2, 2010, amends Article XIII A of the California 
            Constitution to provide that certain levies, charges, or 
            exactions imposed by the state and adopted after January 
            1, 2010, but before November 3, 2010, is void 12 months 
            after the November 3, 2010, effective date of Proposition 
            26 unless it is reenacted in compliance with the 
            requirements of Article XIII A of the California 
            Constitution.

          This bill reenacts the state law that enacted the Carpet 
          Product Stewardship Program and provides that it will 
          continue to be operative on and after November 3, 2011. 

           Background
           
          Proposition 26, approved by the voters by initiative on 
          November 2, 2010, amends Article XIII A of the California 
          Constitution to provide that certain levies, charges, or 
          exactions imposed by the state and adopted after January 1, 
          2010, but before November 3, 2010, is void 12 months after 
          the November 3, 2010, effective date of Proposition 26 
          unless it is reenacted in compliance with the requirements 
          of Article XIII A of the California Constitution.  This 

                                                           CONTINUED





                                                               AB 1019
                                                                Page 
          3

          bill removes any uncertainty that the program will continue 
          to be implemented. 

          This bill reenacts the state law that enacted the carpet 
          stewardship program and provides that law continues to be 
          operative on and after November 3, 2011.  This bill 
          declares that it is to take effect immediately as an 
          urgency statute.

          DRRR is beginning implementation of the Carpet Stewardship 
          Program.  The nickel per yard assessment is being collected 
          as of July 1, 2011.  DRRR is working on draft regulations 
          to implement the Program.  Carpet manufacturers are working 
          on early action items to increase carpet recycling and the 
          first stewardship plans by the carpet manufacturers are due 
          September 20, 2011.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes   
          Local:  No

           SUPPORT  :   (Verified  9/7/11)

          Bentley Prince Street, Inc.
          Blue Ridge Commercial Carpet
          California Retailers Association
          Carpet and Rug Institute 
          City of San Francisco
          County of San Francisco
          Dixie Group, Inc.
          Los Angeles Fiber
          Shaw Industries Group, Inc.

           OPPOSITION  :    (Verified  9/7/11)

          Howard Jarvis Taxpayers Association


          DLW:do  9/7/11   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

                                ****  END  ****
          


                                                           CONTINUED





                                                               AB 1019
                                                                Page 
          4














































                                                           CONTINUED