BILL NUMBER: SB 518	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Simitian

                        FEBRUARY 17, 2011

   An act to amend Sections 14501 and 14551 of, and to repeal Section
14523.5 of, the Public Resources Code, relating to recycling.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 518, as introduced, Simitian. Recycling: beverage containers.
   Existing law, the California Beverage Container Recycling and
Litter Reduction Act, requires the Department of Resources Recycling
and Recovery to establish reporting periods of 6 months each for
redemption rates and recycling rates for specified types of beverage
containers. The act also requires the department to determine the
redemption rates and recycling rates for those beverage containers
for each reporting period and to issue a report on those
determinations. The act defines various words for purposes of those
provisions, including "redemption rate." The act also makes various
findings and declarations, including a declaration that, when the
redemption rate for any one type of beverage container falls below
65%, the act provides for an increased refund value.
   This bill would delete the provisions that require the department
to establish reporting periods for redemption rates and that require
the department to determine redemption rates for specified types of
beverage containers. The bill also would delete the definition of
redemption rate and make other conforming changes.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 14501 of the Public Resources Code is amended
to read:
   14501.  The Legislature finds and declares as follows:
   (a) Experience in this state and others demonstrates that
financial incentives and convenient return systems ensure the
efficient and large-scale recycling of beverage containers.
Accordingly, it is the intent of the Legislature to encourage
increased, and more convenient, beverage container redemption
opportunities for all consumers. These redemption opportunities shall
consist of dealer and other shopping center locations, independent
and industry operated recycling centers, curbside programs, nonprofit
dropoff programs, and other recycling systems that assure all
consumers, in every region of the state, the opportunity to return
beverage containers conveniently, efficiently, and economically.
   (b) California grocery, beer, soft drink, container manufacturing,
labor, agricultural, consumer, environmental, government, citizen,
recreational, taxpayer, and recycling groups have joined together in
calling for an innovative program to generate large-scale redemption
and recycling of beverage containers.
   (c) This division establishes a beverage container recycling goal
of 80 percent  , and when the redemption rate for any one
type of beverage container falls below 65 percent, this division
provides for an increased refund value  .
   (d) It is the intent of the Legislature to ensure that every
container type proves its own recyclability.
   (e) It is the intent of the Legislature to make redemption and
recycling convenient to consumers, and the Legislature hereby urges
cities and counties, when exercising their zoning authority, to act
favorably on the siting of multimaterial recycling centers, reverse
vending machines, mobile recycling units, or other types of recycling
opportunities, as necessary for consumer convenience, and the
overall success of litter abatement and beverage container recycling
in the state.
   (f) The purpose of this division is to create and maintain a
marketplace where it is profitable to establish sufficient recycling
centers and locations to provide consumers with convenient recycling
opportunities through the establishment of minimum refund values and
processing fees and, through the proper application of these
elements, to enhance the profitability of recycling centers,
recycling locations, and other beverage container recycling programs.

   (g) The responsibility to provide convenient, efficient, and
economical redemption opportunities rests jointly with manufacturers,
distributors, dealers, recyclers, processors, and the Department of
 Conservation   Resources Recycling and Recovery
 .
   (h) It is the intent of the Legislature, in enacting this
division, that all empty beverage containers redeemed shall be
recycled, and that the responsibilities and regulations of the
department shall be determined and implemented in a manner which
favors the recycling of redeemed containers, as opposed to their
disposal.
   (i) Nothing in this division shall be interpreted as affecting the
current business practices of scrap dealers or recycling centers,
except that, to the extent they function as a recycling center or
processor, they shall do so in accordance with this division.
   (j) The program established by this division will contribute
significantly to the reduction of the beverage container component of
litter in this state.
  SEC. 2.  Section 14523.5 of the Public Resources Code is repealed.

   14523.5.  "Redemption rate" means the proportion of empty beverage
containers returned to processors measured in the manner prescribed
in Section 14551. 
  SEC. 3.  Section 14551 of the Public Resources Code is amended to
read:
   14551.  (a) The department shall establish reporting periods for
the reporting of  redemption rates and  recycling
rates. Each reporting period shall be six months. The department
shall determine all of the following for each reporting period and
shall issue a report on its determinations, within 130 days of the
end of each reporting period:
   (1) Sales of beverages in aluminum beverage containers, bimetal
beverage containers, glass beverage containers, plastic beverage
containers, and other beverage containers in this state, including
refillable beverage containers.
   (2) Returns for recycling, and returns not for recycling, of empty
aluminum beverage containers, bimetal beverage containers, glass
beverage containers, plastic beverage containers, and other beverage
containers in this state, including refillable beverage containers
returned to distributors pursuant to Section 14572.5. These numbers
shall be calculated using the average current weights of beverage
containers, as determined and reported by the department.  To
these numbers shall be added and separately reported the following,
if greater than, or equal to, zero:  
   (A) All empty postfilled aluminum, glass, and plastic food or
drink packaging materials sold in the state, returned for recycling,
and reported by weight to the department which do not have a refund
value less the number specified in subparagraph (B). 

   (B) The number of beverage containers which comprise the first
five percentage points of the redemption rate without including the
empty postfilled aluminum, glass, and plastic food or drink packaging
materials sold in the state, returned for recycling and reported by
weight to the department which do not have a refund value. 

   (3) An aluminum beverage container redemption rate, the numerator
of which shall be the number of empty aluminum beverage containers
returned, including refillable aluminum beverage containers and empty
postfilled aluminum food or drink packaging material included in
paragraph (2), and the denominator of which shall be the number of
aluminum beverage containers sold in this state.  
   (4) 
    (3)  An aluminum beverage container recycling rate, the
numerator of which shall be the number of empty aluminum beverage
containers returned for recycling, including refillable aluminum
beverage containers, and the denominator of which shall be the number
of aluminum beverage containers sold in this state. 
   (5) A bimetal beverage container redemption rate, the numerator of
which shall be the number of empty bimetal beverage containers
returned, and the denominator of which shall be the number of bimetal
beverage containers sold in this state.  
   (6) 
    (4)  A bimetal beverage container recycling rate, the
numerator of which shall be the number of empty bimetal containers
returned for recycling, including refillable bimetal beverage
containers, and the denominator of which shall be the number of
bimetal beverage containers sold in this state. 
   (7) A glass beverage container redemption rate, the numerator of
which shall be the number of empty glass beverage containers
returned, including refillable glass beverage containers and empty
postfilled food or drink packaging materials included in paragraph
(2), and the denominator of which shall be the number of glass
beverage containers sold in this state.  
   (8) 
    (5)  A glass beverage container recycling rate, the
numerator of which shall be the number of empty glass beverage
containers returned for recycling, including refillable glass
beverage containers, and the denominator of which shall be the number
of glass beverage containers sold in this state. 
   (9) A plastic beverage container redemption rate, the numerator of
which shall be the number of empty plastic beverage containers
returned, including refillable plastic beverage containers and empty
postfilled food or drink packaging materials included in paragraph
(2), and the denominator of which shall be the number of plastic
beverage containers sold in this state.  
   (10) 
    (6)  A plastic beverage container recycling rate, the
numerator of which shall be the number of empty plastic beverage
containers returned for recycling, including refillable plastic
beverage containers, and the denominator of which shall be the number
of plastic beverage containers sold in this state. 
   (11) A redemption rate for other beverage containers, the
numerator of which shall be the number of empty beverage containers
other than those containers specified in paragraphs (1) to (10),
inclusive, returned, and the denominator of which shall be the number
of beverage containers, other than those containers specified in
paragraphs (1) to (10), inclusive, sold in this state. 

   (12) 
    (7)  A recycling rate for other beverage containers, the
numerator of which shall be the number of empty beverage containers
other than those containers specified in paragraphs (1) to 
(10)   (6)  , inclusive, returned for recycling,
and the denominator of which shall be the number of beverage
containers, other than those containers specified in paragraphs (1)
to  (10)   (6)  , inclusive, sold in this
state. 
   (13) 
    (8)  The department may define categories of other
beverage containers, and report  a redemption rate and
 a recycling rate for each  such category 
 of those categories  of other beverage containers. 

   (14) 
    (9)  The volumes of materials collected from certified
recycling centers, by city or county, as requested by the city or
county, if the reporting is consistent with the procedures
established pursuant to Section 14554 to protect proprietary
information.
   (b) The department shall determine the manner of collecting the
information for the reports specified in subdivision (a), including
establishing procedures, to protect any proprietary information
concerning the sales and purchases.