BILL ANALYSIS �
AB 1359
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator S. Joseph Simitian, Chairman
2011-2012 Regular Session
BILL NO: AB 1359
AUTHOR: Skinner
AMENDED: January 4, 2012
FISCAL: Yes HEARING DATE: March 19, 2012
URGENCY: No CONSULTANT: Peter Cowan
SUBJECT : BEVERAGE CONTAINER RECYCLING
SUMMARY :
Existing law , under the California Beverage Container
Recycling and Litter Reduction Act (the Act):
1) Requires the Department of Resources Recycling and
Recovery (DRRR) to establish six months reporting periods
for redemption rates and recycling rates for specified
types of beverage containers. And, requires DRRR to within
130 days of each reporting period, determine redemption
rates and recycling rates for those beverage containers and
issue a report on those determinations. (Public Resources
Code �14551).
2)Requires DRRR to calculate and collect a processing fee for
each beverage container with a specified scrap value.
Beverage manufacturers are required to pay DRRR the
applicable processing fee for each container sold or
transferred to a distributor or dealer within 40 days of
the sale, but allows a beverage manufacturer that meets
certain conditions and displays a pattern of operation in
compliance with the Act, to the satisfaction of DRRR, to
make a single annual payment of processing fees. (�14575).
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3) Requires a fiberglass manufacturer to ensure that the
annual tonnage of fiberglass manufactured or sold in the
state by that manufacturer contain at least 30% cullet,
unless DRRR makes a specified determination.
(��19510-19512).
This bill :
1) Deletes the definition of "redemption rate" and provisions
that require the establishment of reporting periods and
calculations for redemption rates for beverage containers.
(��14523.5 & 14551).
2) Deletes obsolete conditions for the annual payment of
processing fees by beverage manufactures. (�14575).
3) Makes technical changes to the fiberglass 30% cullet
requirement and deletes obsolete provisions.
(��19510-19512).
4) Corrects references, deletes obsolete provisions, and makes
other conforming changes.
COMMENTS :
1) Purpose of Bill . According to the author AB 1359 "helps
streamline Recycling & Litter Reduction Act. �By deleting]
the provisions in the Act that establish reporting periods
and calculations for beverage container redemption rates."
2) Background . The requirement for calculating both recycling
and redemption rates for aluminum, glass, plastic, and
other container materials has been in statute for years.
Recycling rates measure only containers subject to the Act,
and redemption rates have calculations that additionally
include containers not subject to the Act. The redemption
rate was used in the past as a trigger for higher fees,
this trigger was removed by SB 332 (Sher) Chapter 815,
Statutes of 1999. The remaining recycling rate calculation
is adequate to determine the numbers and types of
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containers returned for recycling.
"Cullet" is postconsumer glass from food or beverage
containers and other sources. According to a DRRR report
for 2010 the average cullet content in fiberglass produced
and sold in California exceeds 48%.
3) Related legislation . SB 518 (Simitian) deletes the
definition of "redemption rate," removes the reporting
period and reporting requirements for redemption rates and
makes related clarifying amendments. SB 518 is currently
on the Assembly floor.
SOURCE : Assemblymember Skinner
SUPPORT : None on file
OPPOSITION : None on file