BILL ANALYSIS                                                                                                                                                                                                    �



                                                                      



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          |SENATE RULES COMMITTEE            |                  SB 1547|
          |Office of Senate Floor Analyses   |                         |
          |1020 N Street, Suite 524          |                         |
          |(916) 651-1520         Fax: (916) |                         |
          |327-4478                          |                         |
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                                 THIRD READING


          Bill No:  SB 1547
          Author:   Simitian (D)
          Amended:  As introduced
          Vote:     21

           
           SENATE ENVIRONMENTAL QUALITY COMMITTEE  :  6-0, 4/16/12
          AYES:  Simitian, Blakeslee, Hancock, Kehoe, Lowenthal, 
            Pavley
          NO VOTE RECORDED:  Strickland

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8


           SUBJECT  :    Recycling:  beverage containers: enforcement

           SOURCE  :     Author


           DIGEST  :    This bill requires the Department of Resources 
          Recycling and Recovery, when conducting surveys to 
          determine a commingled rate for payment on beverage 
          containers to include other ineligible materials.

           ANALYSIS  :    Under the California Beverage Container 
          Recycling and Litter Reduction Act, existing law: 

          1. Requires the Department of Resources Recycling and 
             Recovery (CalRecycle) to annually determine a commingled 
             rate for beverage containers and postfilled containers 
             paid to curbside recycling programs, collection 
             programs, and recycling centers.  

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          2. Prohibits a person from paying or receiving any refund 
             value,  processing payment, handling fee, or 
             administrative fee for beverage container material that 
             the person knew, or should have known, was imported from 
             out of state, was previously redeemed, was rejected, 
             line breakage, or other ineligible material.  

          3. Prohibits a person, with intent to defraud, to redeem, 
             attempt to redeem, aid the redemption of, receive, 
             store, or transport an out-of-state container, rejected 
             container, line breakage, previously redeemed container, 
             or other ineligible material.  

          4. Requires CalRecycle to take all reasonable steps to 
             exclude beverage container material imported from out of 
             state, previously redeemed containers, rejected 
             containers, and line breakage, when conducting surveys 
             to determine a commingled rate.  

          This bill requires CalRecycle to additionally exclude 
          "other ineligible material" when conducting surveys to 
          determine a commingled rate.  

           Comments
           
          According to the author's office, this bill clarifies what 
          materials should be excluded from CalRecycle surveys to 
          determine the comingled rate and makes the requirement 
          consistent with other provisions of the Act.

           Comingled rates  .  The "comingled rate" is the rate paid by 
          weight to consumers when redeeming a load of material 
          comprised of both California Redemption Value (CRV) and 
          non-CRV containers and numbering more than 50 containers.  
          When redeeming fewer than 50 containers, consumers may opt 
          to be paid by count or at the comingled rate.  According to 
          DRRR these rates are typically adjusted twice a year, but 
          may be updated more frequently if data reflects a change or 
          greater than 10 percent.

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

           SUPPORT  :   (Verified 5/1/12)







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          Northern California Recycling Association


          DLW:do  5/1/12   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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