Amended in Assembly May 5, 2014

Amended in Assembly March 28, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2467

Introduced by Assembly Member Nestande

February 21, 2014

An act to amend Section 14549.2 of the Public Resources Code, relating to recycling.

LEGISLATIVE COUNSEL’S DIGEST

AB 2467, as amended, Nestande. California Beverage Container Recycling and Litter Reduction Act: market development payments.

Existing law, the California Beverage Container Recycling and Litter Reduction Act, requires a distributor to pay a redemption payment for every beverage container sold or offered for sale in the state to the Department of Resources Recycling and Recovery for deposit in the California Beverage Container Recycling Fund. The department, until January 1, 2017, is authorized to annually expend up to $10,000,000 from the fund to make market development payments to a certified entity for empty plastic beverage containers that are subsequently washed and processed into flake, pellet, or other form, and made usable for the manufacture of a plastic product, begin delete and to make market development payments end delete begin insert or end insert to a product manufacturer for empty plastic beverage containers that are subsequently washed and processed into flake, pellet, or other form, and used by that product manufacturer to manufacture a product. begin delete The act authorizes the department to adopt any rules or regulations which may be necessary or useful to carry out the act. end delete

begin delete

Existing law provides that, in general, regulations shall be adopted pursuant to the Administrative Procedures Act, but exempts emergency regulations from certain requirements of the Administrative Procedures Act.

end delete begin delete

This bill would specify that a regulation, or an amendment to a regulation, implementing this statute regarding market development payments to certified entities and product manufacturers shall be adopted pursuant to the Administrative Procedures Act and would prohibit the regulation, or amendment to that regulation, from being adopted or amended through an expedited or emergency process.

end delete begin insert

This bill would authorize the department to pay a market development payment to both certified entities and product manufacturers for empty plastic beverage containers.

end insert

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 14549.2 of the Public Resources Code
is amended to read:

14549.2.  

(a) For purposes of this section, the following
definitions shall apply:

(1) “Certified entity” means a recycling center, processor, or
dropoff or collection program certified by the department pursuant
to this division.

(2) “Product manufacturer” means a person who manufactures
a plastic product in this state.

(b) In order to develop California markets for empty plastic
beverage containers collected for recycling in the state, the
department may, consistent with Section 14581 and subject to the
availability of funds, pay a market development payment to begin delete a end delete begin insert both end insert
certified begin delete entity or end delete begin insert entities and end insert product begin delete manufacturer end delete begin insert manufacturers end insert
for empty plastic beverage containers collected and managed
pursuant to this section.

(c) The department shall make a market development payment
to a certified entity or product manufacturer in accordance with
this section, only if the plastic beverage container is collected and
either recycled or used in manufacturing, in the state, as follows:

(1) The department shall make a market development payment
to a certified entity for empty plastic beverage containers that are
collected for recycling in the state, that are subsequently washed
and processed by a certified entity into a flake, pellet, or other
form in the state, and made usable for the manufacture of a plastic
product by a product manufacturer.

(2) The department shall make a market development payment
to a product manufacturer for empty plastic beverage containers
that are collected for recycling in the state, that are subsequently
washed and processed into a flake, pellet or other form in the state,
and used by that product manufacturer to manufacture a product
in this state.

(3) The department shall determine the amount of the market
development payment, which may be set at a different level for a
certified entity and a product manufacturer, but shall not exceed
one hundred fifty dollars ($150) per ton. In setting the amount of
the market development payment for both certified entities and
product manufacturers, the department shall consider all of the
following:

(A) The minimum funding level needed to encourage the in-state
washing and processing of empty plastic beverage containers
collected for recycling in this state.

(B) The minimum funding level needed to encourage the in-state
manufacturing that utilizes empty plastic beverage containers
collected for recycling in this state.

(C) The total amount of funds projected to be available for
plastic market development payments and the desire to maintain
the minimum funding level needed throughout the year.

(4) The department may make a market development payment
to both a certified entity and a product manufacturer for the same
empty plastic beverage container.

begin delete

(d) Notwithstanding Section 11346.1, a regulation, or an
amendment to a regulation, implementing subdivision (b) shall be
adopted pursuant to the Administrative Procedures Act (Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3 of
Title 2 of the Government Code), and shall not be adopted or
amended through an expedited or emergency process.

end delete begin delete

(e)

end delete

begin insert (d) end insert  This section shall remain in effect only until January 1, 2017,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2017, deletes or extends that date.