BILL NUMBER: AB 1933 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 21, 2012
INTRODUCED BY Assembly Member Gordon
FEBRUARY 22, 2012
An act to amend Section Sections 14585 and
14596 of the Public Resources Code, relating to beverage
containers , making an appropriation therefor, and declaring the
urgency thereof, to tak e effect immediately .
LEGISLATIVE COUNSEL'S DIGEST
AB 1933, as amended, Gordon. Beverage containers: handling
fees: enforcement.
(1) The existing California Beverage Container Recycling and
Litter Reduction Act requires a distributor of specified beverage
containers to pay a redemption payment to the Department of Resource
Recycling and Recovery, for each beverage container, as defined, sold
or transferred, for deposit in the California Beverage Container
Recycling Fund. Existing From the fund, the
department is continuously appropriated the amount necessary to pay
handling fees to provide an incentive for the redemption of empty
beverage containers in convenience zones. The department is required
to pay a handling fee in an amount determined by subtracting the
amount of the statewide average per-container cost to redeem
beverage containers incurred by a certified recycler that does
not receive a handling fee from the statewide average per-container
cost incurred by recycling centers that receive handling fees, based
on a survey the department is required to conduct at least once every
2 years to determine the actual cost for the redemption of beverage
containers.
This bill would require the per-container handling fee to be set,
as of the effective date of this act, until June 30, 2014, at an
amount that is not less than the amount of the per-container handling
fee that was in effect on July 1, 2011, except the department would
be required to adjust the amount of the fee annually, as specified.
The bill would make an appropriation by increasing the amount that
the department is authorized to pay from a continuously appropriated
fund.
(2) Existing law requires any
person importing more than a 100 pounds of aluminum, bimetal, or
plastic beverage container material, or more than 1,000 pounds of
glass beverage container material, into the state to report the
material and to provide an opportunity for inspection and
prohibits any person from falsifying documents required pursuant to
the act or the regulations adopted by the department. A violation of
the act is a crime.
This bill would decrease the amount of materials for which a
person is required to report to the department to 25 pounds of
empty aluminum, bimetal, or plastic beverage container
material, or more than 250 pounds of empty glass beverage
container material, and would additionally require the person to
provide the department with certain documentation regarding those
materials. Since a violation of this requirement would be
crime, the
The bill would require a vehicle entering the state that contains
more than 25 pounds of empty beverage container material to pass
through the nearest plant quarantine inspection station and obtain
proof of inspection from the department. The bill would authorize the
department to enter into a interagency agreement with the Department
of Food and Agriculture to implement this requirement.
The bill would provide that an operator of a vehicle that
contains more than 25 pounds of empty beverage container material is
in violation of the act if the operator fails to stop at, or
willfully avoids, a plant quarantine inspection station, as
specified. The bill would provide that a 2nd or subsequent violation
of this requirement within 3 years of a prior conviction is
punishable as a misdemeanor. The bill would impose a
state-mandated local program by creating new crimes .
(2)
(3) The California Constitution requires the state to
reimburse local agencies and school districts for certain costs
mandated by the state. Statutory provisions establish procedures for
making that reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
(4)This bill would declare that it is to take effect immediately
as an urgency statute.
Vote: majority 2/3 . Appropriation:
no yes . Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 14585 of the Public
Resources Code is amended to read:
14585. (a) The department shall adopt guidelines and methods for
paying handling fees to supermarket sites, nonprofit convenience zone
recyclers, or rural region recyclers to provide an incentive for the
redemption of empty beverage containers in convenience zones. The
guidelines shall include, but not be limited to, all of the
following:
(1) Handling fees shall be paid on a monthly basis, in the form
and manner adopted by the department. The department shall require
that claims for the handling fee be filed with the department not
later than the first day of the second month following the month for
which the handling fee is claimed as a condition of receiving any
handling fee.
(2) (A) To be eligible for any handling fee, a supermarket site
recycling center, nonprofit convenience zone recycler, or rural
region recycler shall redeem not less than 60,000 beverage
containers, during the calendar month in which the handling fee is
claimed or have redeemed not less than an average of 60,000 beverage
containers per month during the previous 12 months.
(B) Subparagraph (A) shall not apply on and after July 1, 2008.
(3) (A) A beverage container with a capacity of 24 fluid ounces or
more shall be considered as two beverage containers for purposes of
determining the eligibility percentage, any handling fee
calculations, and payments.
(B) Subparagraph (A) shall not apply on and after July 1, 2008.
(4)
(2) The department shall determine the number of
eligible containers per site for which a handling fee will be paid in
the following manner:
(A) Each eligible site's combined monthly volume of glass and
plastic beverage containers shall be divided by the site's total
monthly volume of all empty beverage container types.
(B) If the quotient determined pursuant to subparagraph (A) is
equal to, or more than, 10 percent, the total monthly volume of the
site shall be the maximum volume which is eligible for a handling fee
for that month.
(C) If the quotient determined pursuant to subparagraph (A) is
less than 10 percent, the department shall divide the volume of glass
and plastic beverage containers by 10 percent. That quotient shall
be the maximum volume that is eligible for a handling fee for that
month.
(5) (A) From the effective date of the statute enacted by Assembly
Bill 3056 of the 2005-06 Regular Session to June 30, 2008,
inclusive, the department shall pay a handling fee of 1.8 cents
($0.018) per eligible beverage container, as determined pursuant to
paragraph (4).
(3) (A) On and after the effective date of the act amending this
section during the 2011-12 Regular Session, and until June 30, 2014,
the department shall pay a handling fee per eligible container in the
amount determined pursuant to subdivisions (f) and (g).
(B) On and after July 1, 2008 2014 ,
the department shall pay a handling fee per eligible container in
the amount determined pursuant to subdivision (f).
(6) (A) Notwithstanding paragraph (5), the total handling fee
payment to a supermarket site, nonprofit convenience zone recycler,
or rural region recycler shall not exceed two thousand three hundred
dollars ($2,300) per month.
(B) Subparagraph (A) shall not apply on and after July 1, 2008.
(7)
(4) If the eligible volume in any given month would
result in handling fee payments that exceed the allocation of funds
for that month, as provided in subdivision (b), sites with higher
eligible monthly volumes shall receive handling fees for their entire
eligible monthly volume before sites with lower eligible monthly
volumes receive any handling fees.
(8)
(5) (A) If a dealer where a supermarket site, nonprofit
convenience zone recycler, or rural region recycler is located
ceases operation for remodeling or for a change of ownership, the
operator of that supermarket site nonprofit convenience zone
recycler, or rural region recycler shall be eligible to apply for
handling fees for that site for a period of three months following
the date of the closure of the dealer.
(B) Every supermarket site operator, nonprofit convenience zone
recycler, or rural region recycler shall promptly notify the
department of the closure of the dealer where the supermarket site,
nonprofit convenience zone recycler, or rural region recycler is
located.
(C) Notwithstanding subparagraph (A), any operator who fails to
provide notification to the department pursuant to subparagraph (B)
shall not be eligible to apply for handling fees.
(b) The department may allocate the amount authorized for
expenditure for the payment of handling fees pursuant to paragraph
(1) of subdivision (a) of Section 14581 on a monthly basis and may
carry over any unexpended monthly allocation to a subsequent month or
months. However, unexpended monthly allocations shall not be carried
over to a subsequent fiscal year for the purpose of paying handling
fees but may be carried over for any other purpose pursuant to
Section 14581.
(c) (1) The department shall not make handling fee payments to
more than one certified recycling center in a convenience zone. If a
dealer is located in more than one convenience zone, the department
shall offer a single handling fee payment to a supermarket site
located at that dealer. This handling fee payment shall not be split
between the affected zones. The department shall stop making handling
fee payments if another recycling center certifies to operate within
the convenience zone without receiving payments pursuant to this
section, if the department monitors the performance of the other
recycling center for 60 days and determines that the recycling center
is in compliance with this division. Any recycling center that
locates in a convenience zone, thereby causing a preexisting
recycling center to become ineligible to receive handling fee
payments, is ineligible to receive any handling fee payments in that
convenience zone.
(2) The department shall offer a single handling fee payment to a
rural region recycler located anywhere inside a convenience zone, if
that convenience zone is not served by another certified recycling
center and the rural region recycler does either of the following:
(A) Operates a minimum of 30 hours per week in one convenience
zone.
(B) Serves two or more convenience zones, and meets all of the
following criteria:
(i) Is the only certified recycler within each convenience zone.
(ii) Is open and operating at least eight hours per week in each
convenience zone and is certified at each location.
(iii) Operates at least 30 hours per week in total for all
convenience zones served.
(d) The department may require the operator of a supermarket site
or rural region recycler receiving handling fees to maintain records
for each location where beverage containers are redeemed, and may
require the supermarket site or rural region recycler to take any
other action necessary for the department to determine that the
supermarket site or rural region recycler does not receive an
excessive handling fee.
(e) The department may determine and utilize a standard container
per pound rate, for each material type, for the purpose of
calculating volumes and making handling fee payments.
(f) (1) On or before January 1, 2008, and every two years
thereafter, the department shall conduct a survey pursuant to this
subdivision of a statistically significant sample of certified
recycling centers that receive handling fee payments to determine the
actual cost incurred for the redemption of empty beverage containers
by those certified recycling centers. The department shall conduct
these cost surveys in conjunction with the cost surveys performed by
the department pursuant to subdivision (b) of Section 14575 to
determine processing payments and processing fees. The department
shall include, in determining the actual costs, only those allowable
costs contained in the regulations adopted pursuant to this division
that are used by the department to conduct cost surveys pursuant to
subdivision (b) of Section 14575.
(2) Using the information obtained pursuant to paragraph (1), the
department shall then determine the statewide weighted average cost
incurred for the redemption of empty beverage containers, per empty
beverage container, at recycling centers that receive handling fees.
(3) On and after July 1, 2008, Except as
provided in subdivision (g), the department shall determine the
amount of the handling fee to be paid for each empty beverage
container by subtracting the amount of the statewide weighted average
cost per container to redeem empty beverage containers by recycling
centers that do not receive handling fees from the amount of the
statewide weighted average cost per container determined pursuant to
paragraph (2).
(4) The department shall adjust the statewide average cost
determined pursuant to paragraph (2) for each beverage container
annually to reflect changes in the cost of living, as measured by the
Bureau of Labor Statistics of the United States Department of Labor
or a successor agency of the United States government.
(5) The cost information collected pursuant to this section at
recycling centers that receive handling fees shall not be used in the
calculation of the processing payments determined pursuant to
Section 14575.
(g) (A) On and after the effective date of the act amending this
section during the 2011-12 Regular Session, and until June 30, 2014,
the per-container handling fee shall not be less than the amount of
the per-container handling fee that was in effect on July 1, 2011,
except the department shall adjust the amount of the fee annually, in
the same manner as specified in paragraph (4) of subdivision (f) to
reflect changes in the cost of living, as measured by the Bureau of
Labor Statistics of the United States Department of Labor or a
successor agency.
(B) This subdivision does not prohibit the department from
increasing the per-container handling fee to an amount greater than
the amount of the per-container handling fee that was in effect on
July 1, 2011, in accordance with subdivision (f).
SECTION 1. SEC. 2. Section 14596 of
the Public Resources Code is amended to read:
14596. (a) Any person importing more than 25 pounds of empty
aluminum, bimetal, or plastic beverage container material, or
more than 250 pounds of empty glass beverage container
material, into the state, shall report the material to the department
and provide the department with all of the following:
(1) Documentation on the source of the material.
(2) Documentation on the destination of the material.
(3) Any other information deemed necessary by the department as it
relates to the importation of empty beverage container material.
(3)
(4) An opportunity for inspection, in accordance with
the regulations adopted by the department.
(b) (1) (A) In addition to inspections required by the regulations
adopted by the department pursuant to subdivision (a), a vehicle
entering the state that contains more than 25 pounds of empty
beverage container material shall pass through the nearest plant
quarantine inspection station maintained pursuant to Section 5341 of
the Food and Agricultural Code, and shall obtain proof of inspection
from the department.
(B) The department may enter into an interagency agreement with
the Department of Food and Agriculture to implement the requirements
of this subdivision.
(2) The operator of a vehicle that contains more than 25 pounds of
empty beverage container material is in violation of this chapter if
the operator does any of the following:
(A) Fails to stop the vehicle at a plant quarantine inspection
station.
(B) Willfully avoids a plant quarantine inspection station.
(C) Fails to stop upon demand of a clearly identified plant
quarantine inspection station officer, an officer of the California
Highway Patrol, or an officer of a state or local law enforcement
agency, when the officer orders the operator to stop for the purpose
of determining whether this operator is in violation of this section.
(b)
(c) The department may impose civil penalties pursuant
to Section 14591.1 or take disciplinary action pursuant to Section
14591.2 for a violation of this section.
(d) Subdivision (c) does not prohibit the imposition of a criminal
penalty pursuant to subdivision (a) of Section 14591 for a violation
of subdivision (b). A second or subsequent violation of subdivision
(b) within three years of a prior conviction of a violation of
subdivision (b) shall be punishable as a misdemeanor.
SEC. 2. SEC. 3. No reimbursement is
required by this act pursuant to Section 6 of Article XIII B of the
California Constitution because the only costs that may be incurred
by a local agency or school district will be incurred because this
act creates a new crime or infraction, eliminates a crime or
infraction, or changes the penalty for a crime or infraction, within
the meaning of Section 17556 of the Government Code, or changes the
definition of a crime within the meaning of Section 6 of Article XIII
B of the California Constitution.
SEC. 4. This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
In order to encourage the recycling of beverage containers,
thereby protecting public health and safety and the environment, it
is necessary that this act take effect immediately.