BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 2251
                                                                  Page  1

          Date of Hearing:   April 30, 2014

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

                   AB 2251 (Yamada) - As Amended:  April 22, 2014 

          Policy Committee:                              Natural  
          ResourcesVote:9-0

          Urgency:     No                   State Mandated Local Program:  
          Yes    Reimbursable:              No

           SUMMARY  

          This bill clarifies the authority of the California Department  
          of Food and Agriculture (CDFA) and county sealers to enforce  
          over-collection of the California Redemption Value (CRV) on  
          beverage containers.  Specifically, this bill authorizes  
          agricultural commissioners and sealers to enforce the  
          prohibition against retail establishments charging more for a  
          redemption payment than the actual CRV.  

           FISCAL EFFECT  


          Minor, absorbable enforcement costs for weights and measures  
          officials.  New enforcement activities can be combined with  
          routine price verification inspections.  

           COMMENTS  

           1)Purpose.   According to the author, agricultural commissioners  
            and sealers are the primary enforcement authority over  
            retailers that overcharge for goods and services.  As such,  
            agricultural commissioners and sealers are ideally situated to  
            respond to overcharge complaints regarding CRV.  Because the  
            CRV is not a commodity, commissioners and sealers lack the  
            explicit authority to investigate and enforce improper CRV  
            collections.  This bill clarifies that authority.  
           
           2)Background.   The Bottle Bill provides consumers with  
            convenience and a financial incentive for recycling beverage  
            containers. Consumers pay a deposit, the CRV, on each beverage  
            container they purchase.  Retailers collect the CRV from  








                                                                  AB 2251
                                                                  Page  2

            consumers when they buy beverages.  The retailer retains a  
            small percentage of the deposit for administration and remits  
            the remainder to the distributor, who also retains a small  
            portion for administration before remitting the balance to  
            CalRecycle.  When consumers return their empty beverage  
            containers to a recycler (or donate them to a curbside or  
            other program), the deposit is paid back as a refund.  

            The current CRV is 5 cents for containers that hold fewer than  
            24 ounces and 10 cents for containers that hold 24 ounces or  
            more. California's current recycling rate is 80 %.  

           3)Agricultural commissioners and sealers  .  Agricultural  
            commissioners and sealers of weights and measures are licensed  
            by CDFA and appointed by the local board of county  
            supervisors.  Under existing law, they are charged with  
            investigating and enforcing misrepresentations of charges for  
            services and commodities.  Additionally, county sealers  
            inspect weighing and measuring devices such as gas pumps and  
            scales, respond to deceptive packaging complaints, scanner and  
            cash register inaccuracies, and related issues. 


             
           
           Analysis Prepared by  :    Jennifer Galehouse / APPR. / (916)  
          319-2081