BILL ANALYSIS                                                                                                                                                                                                    �



                                                               AB 1149
                                                                       

                      SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
                        Senator S. Joseph Simitian, Chairman
                              2011-2012 Regular Session
                                           
           BILL NO:    AB 1149
           AUTHOR:     Gordon
           AMENDED:    As Introduced
           FISCAL:     Yes               HEARING DATE:     June 20, 2011
           URGENCY:    No                CONSULTANT:       Caroll 
           Mortensen
            
           SUBJECT  :    RECYCLED PLASTIC MARKET DEVELOPMENT 

            SUMMARY  :    
           
            Existing law  :

           1) Requires a distributor to pay a redemption payment for 
              every beverage container sold or offered for sale in the 
              state to Department of Resources Recycling and Recovery 
              (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.  (Public 
              Resources Code �14500 et seq.).

           2) 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 (�14556). 

           3) Authorizes funding for specified purposes to increase 
              beverage container recycling, including up to $10 million 
              annually for market development payments for empty plastic 
              beverage containers until January 1, 2012 (�14581).

            This bill  :  

           1) Extends for five years the plastic market development 
              program, which provides Bottle Bill funds to support 
              recyclers and manufacturers using empty plastic beverage 
              containers from January 1, 2012, to January 1, 2017.  










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            2) Requires DRRR to consider, in setting the amount of the 
              market development payment for both certified entities and 
              product manufacturers, all of the following:  

               a)    The minimum funding level needed to encourage the 
                 in-state washing and processing of empty plastic 
                 beverage containers collected for recycling in this 
                 state.


              b)    The minimum funding level needed to encourage the 
                 in-state manufacturing that utilizes empty plastic 
                 beverage containers collected for recycling in this 
                 state.


              c)    The total amount of funds projected to be available 
                 for plastic market development payments and the desire 
                 to maintain the minimum funding level needed throughout 
                 the year.


            COMMENTS  :

            1) Purpose of Bill  .  According to the author, while 
              California's plastic market development program has 
              succeeded in increasing California processing and use of 
              recycled plastic in-state, California continues to export 
              in excess of 90% of plastic collected for recycling.  In 
              2010, Californians collected more than 250,000 tons of PET 
              and HDPE plastic beverage containers for recycling, with 
              all but 25,000 tons exported overseas (primarily to China) 
              for processing and manufacturing. 

              Existing California-based manufacturers of products and 
              packaging could be utilizing this material, reducing 
              pollution and waste, and increase jobs and economic 
              opportunity in California.  The program is needed to 
              continue building California's recycling infrastructure. 
              Currently, there are six California companies doing plastic 
              processing, and about a dozen California manufacturers that 
              can use recycled plastic.  Together, these companies are 
              employing about 750 people, whose jobs are supported by the 









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              current program. Should the program sunset, a portion of 
              these jobs could be at risk.

            2) Background  .  AB 1149 would continue annual payments of $10 
              million for plastic market development.  The plastic market 
              development program uses surplus redemption funds from the 
              Fund to make payments of up to $150 per ton to 
              California-based processors and manufacturers that recycle 
              and utilize post-consumer plastic beverage containers.  In 
              2007-09, the total amount of funds authorized was $5 
              million.  For 2010 and 2011, the Legislature increased this 
              payment authority to $10 million annually.  This bill would 
              continue the $10 million annual allocation until 2017.

            SOURCE  :        Californians Against Waste  

           SUPPORT  :  California Nevada Soft Drink Association
                          California Resource Recovery Association 
                          California State Association of Counties
                          CarbonLITE Industries
                          Central Contra Costa Solid Waste Authority
                          City/County of San Francisco
                          Earthbound Farm Organic
                          Peninsula Packaging Company
                          Pinnacle Plastic Containers/Leading Industry 
                          Inc.
                          Republic Services, Inc.
                          Regional Council of Rural Counties 
            
           OPPOSITION  :    None on file