Bill Text: CA AB1108 | 2015-2016 | Regular Session | Amended

California Assembly Bill 1108 (Prior Session Legislation)

Bill Title: Zero-emission vehicles.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Failed) 2016-11-30 - From Senate committee without further action. [AB1108 Detail]

Download: California-2015-AB1108-Amended.html

BILL NUMBER: AB 1108	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 16, 2016
	AMENDED IN SENATE  JUNE 28, 2016
	AMENDED IN ASSEMBLY  MAY 5, 2015
	AMENDED IN ASSEMBLY  MARCH 26, 2015

INTRODUCED BY   Assembly Member  Low   Burke


                        FEBRUARY 27, 2015

    An act to amend Section 14572 of the Public Resources
Code, relating to beverage containers.   An act to add
Section 43101.7 to the Health and Safety Code, relating to vehicular
air pollution. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1108, as amended,  Low   Burke  .
 Beverage containers: recycling.   Zero-emission
vehicles.  
   Existing law imposes various limitations on emissions of air
contaminants for the control of air pollution from vehicular and
nonvehicular sources. Existing law generally designates the State Air
Resources Board as the state agency with the primary responsibility
for the control of vehicular air pollution. Existing law required the
state board to adopt regulations that achieve the maximum feasible
reduction of greenhouse gases emitted by passenger vehicles and
light-duty trucks and any other vehicles determined by the state
board to be vehicles whose primary use is noncommercial personal
transportation in the state.  
   This bill would require the state board, no later than December
31, 2017, to adopt a regulation to establish that, by 2025, no less
than 15% of all new car sales within the state would be required to
be zero-emission vehicles, as defined.  
   (1) The California Beverage Container Recycling and Litter
Reduction Act requires certified recycling centers, when accepting an
empty beverage container from a consumer, to pay the refund value.
The act requires a processor to pay a refund value to a certified
recycling center for each beverage container received from the
certified recycling center. A violation of the act is a crime.
 
   This bill would prohibit a certified recycling center from paying
the refund value to, or claiming the refund value for any material
received from, a person who is not certified by the department and
who delivers material in excess of 50 pounds of aluminum beverage
containers, 50 pounds of plastic beverage containers, or 500 pounds
of glass beverage containers, submitted by that person to the
certified recycling center in a single 24-hour period. Since a
violation of this requirement would be a crime, the bill would impose
a state-mandated local program.  
   (2) 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. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program:  yes   no  .


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

   SECTION 1.    Section 43101.7 is added to the 
 Health and Safety Code   , to read:  
   43101.7.  (a) For purposes of this section, "zero-emission vehicle"
means a vehicle that produces zero exhaust emissions of any criteria
pollutant, precursor pollutant, or greenhouse gas in any mode of
operation or condition.
   (b) It is the policy of the state to foster the use of
zero-emission vehicles as an environmentally and economically
beneficial strategy to reduce air pollution and promote public health
and well-being.
   (c) The state board, no later than December 31, 2017, shall adopt
a regulation that establishes that, by 2025, no less than 15 percent
of all new car sales within the state shall be zero-emission
vehicles.  
  SECTION 1.    Section 14572 of the Public
Resources Code is amended to read:
   14572.  (a) (1) Except as provided in subdivisions (b) and (e), a
certified recycling center shall accept from any consumer or dropoff
or collection program any empty beverage container, and shall pay to
the consumer or dropoff or collection program the refund value of the
beverage container.
   (2) Except as provided in paragraph (3), the recycling center may
pay the refund value based on the weight of returned containers.
   (3) For beverage containers redeemed by consumers, a certified
recycling center shall pay the refund value using the applicable
segregated rate, as defined in paragraph (43) of subsection (a) of
Section 2000 of Title 14 of the California Code of Regulations, as
that section read on September 1, 2013, which shall be based on the
weight of the redeemed beverage containers.
   (b) A recycling center or processor that was in existence on
January 1, 1986, and that refused, as of January 1, 1986, to accept
at a particular location a certain type of empty beverage container
may continue to refuse to accept at the location the type or types of
empty beverage containers that the recycling center or processor
refused to accept as of January 1, 1986. A certified recycling center
that refuses, pursuant to this subdivision, to accept a certain type
or types of empty beverage containers is not eligible to receive
handling fees unless the center agrees to accept all types of empty
beverage containers and is a supermarket site. This subdivision does
not preclude the certified recycling center from receiving a handling
fee for beverage containers redeemed at supermarket sites that do
accept all types of containers.
   (c) The department shall develop procedures by which recycling
centers and processors that meet the criteria of subdivision (b) may
recertify to change the material types accepted.
   (d) (1) Only a certified recycling center may pay the refund value
to consumers or dropoff or collection programs. A person shall not
pay a noncertified recycler for empty beverage containers an amount
that exceeds the current scrap value for each container type, which
shall be determined in the following manner:
   (A) For a plastic or glass beverage container, the current scrap
value shall be determined by the department.
   (B) For an aluminum beverage container, the current scrap value
shall be not greater than the amount paid to the processor for that
aluminum beverage container, on the date the container was purchased,
by the location of end use, as defined in the regulations of the
department.
   (2) A person shall not receive or retain, for empty beverage
containers that come from out of state, any refund values, processing
payments, or administrative fees for which a claim is made to the
department against the fund.
   (3) Paragraph (1) does not affect curbside programs under contract
with cities or counties.
   (e) A certified recycling center shall not pay a refund value to,
or claim a refund value for any material received from, a person who
is not certified by the department and who delivers material in
excess of 50 pounds of aluminum beverage containers, 50 pounds of
plastic beverage containers, or 500 pounds of glass beverage
containers, submitted by that person to the certified recycling
center during a single 24-hour period.  
  SEC. 2.    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.