Bill Text: CA AB1359 | 2011-2012 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Public social services: CalFresh.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2012-09-23 - Chaptered by Secretary of State - Chapter 468, Statutes of 2012. [AB1359 Detail]
Download: California-2011-AB1359-Amended.html
Bill Title: Public social services: CalFresh.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2012-09-23 - Chaptered by Secretary of State - Chapter 468, Statutes of 2012. [AB1359 Detail]
Download: California-2011-AB1359-Amended.html
BILL NUMBER: AB 1359 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JANUARY 4, 2012
AMENDED IN ASSEMBLY MARCH 25, 2011
INTRODUCED BY Assembly Member Skinner
FEBRUARY 18, 2011
An act to amend Section 43600 of Sections
14528.1, 14539, 14549.5, 14550, 14551,
14560.5, 14573.51, 14575, 14575.1,
14585.5, 19510, and 19511 of, and to repeal Sections 14523.5 and
19512 of, the Public Resources Code, relating to solid waste.
LEGISLATIVE COUNSEL'S DIGEST
AB 1359, as amended, Skinner. Solid waste: landfills:
evidence of financial ability: closure and postclosure maintenance.
beverage containers: fiberglass.
(1) 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."
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.
(2) Existing law requires the department to calculate a processing
fee and a processing payment for each beverage container with a
specified scrap value. The processing fees are required to be paid by
beverage manufacturers to the department and are deposited in the
California Beverage Container Recycling Fund. Existing law requires a
beverage manufacturer to pay the department the applicable
processing fee for each container sold or transferred to a
distributor or dealer within 40 days of the sale, but allows a
beverage manufacturer that displays a pattern of operation in
compliance with the act, to the satisfaction of the department, to
make a single annual payment of processing fees, if the beverage
manufacturer meets certain conditions.
This bill would delete the requirement that a beverage
manufacturer meet certain of those conditions to be eligible to make
a single annual payment of processing fees.
The bill would also correct references and delete obsolete
provisions in the act.
(3) Existing law requires a fiberglass manufacturer to ensure that
the annual tonnage of fiberglass manufactured or sold in the state
by that manufacturer contain at least 30% cullet, unless the
department makes a specified determination.
This bill would make technical changes regarding this requirement
and would delete obsolete provisions regarding that determination.
Existing law, the California Integrated Waste Management Act of
1989, establishes an integrated waste management program administered
by the Department of Resources Recycling and Recovery. The act
requires a person owning or operating a solid waste landfill, as
defined, to submit to the board, with the closure plan and
postclosure maintenance plan, evidence of financial ability to
provide for the cost of closure and postclosure maintenance, in an
amount that is equal to the estimated cost of closure and 15 years of
postclosure maintenance, contained in the closure plan and the
postclosure maintenance plan submitted.
This bill would specify that the evidence of financial ability to
provide for the cost of the closure and postclosure maintenance shall
be in an amount that is equal to the estimated cost of closure and
not less than 15 years of postclosure maintenance.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. 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. 2. Section 14528.1 of the Public
Resources Code is amended to read:
14528.1. "Voluntary artificial scrap value" means a price paid by
a willing purchaser of empty PET containers, that reflects the
payment of the scrap value for all PET containers sold, and that,
when combined with payments made from the PET
processing fee account for PET containers established by the
department pursuant to clause (ii) of
subparagraph (A) of paragraph (6) of subdivision (a) of Section
14581, is equal to, or more than, the recycling cost for empty PET
containers, as determined in subdivision (d)
(c) of Section 14575.
SEC. 3. Section 14539 of the Public
Resources Code is amended to read:
14539. (a) The department shall certify processors pursuant to
this section. The director shall adopt, by regulation, requirements
and standards for certification. The regulations shall require, but
shall not be limited to requiring, that all of the following
conditions be met for certification:
(1) The processor demonstrates to the satisfaction of the
department that the processor will operate in accordance with this
division.
(2) If one or more certified entities have operated at the same
location within the past five years, the operations at the location
of the processor exhibit, to the satisfaction of the department, a
pattern of operation in compliance with the requirements of this
division and regulations adopted pursuant to this division.
(3) The processor notifies the department promptly of any material
change in the nature of the processor's operations that conflicts
with the information submitted in the operator's application for
certification.
(b) A certified processor shall comply with all of the following
requirements for operation:
(1) The processor shall not pay a refund value for, or receive a
refund value from the department for, any food or drink packaging
material or any beverage container or other product that does not
have a refund value established pursuant to Section 14560.
(2) The processor shall take those actions that satisfy the
department to prevent the payment of a refund value for any food or
drink packaging material or any beverage container or other product
that does not have a refund value established pursuant to Section
14560.
(3) Unless exempted pursuant to subdivision (b) of Section 14572,
the processor shall accept, and pay at least the refund value for,
all empty beverage containers, regardless of type, for which the
processor is certified.
(4) A processor shall not pay any refund values, processing
payments, or administrative fees to a noncertified recycler. A
processor may pay refund values, processing payments, or
administrative fees to any entity that is identified by the
department on its list of certified recycling centers.
(5) A processor shall not pay any refund values, processing
payments, or administrative fees on empty beverage containers or
other containers that the processor knew, or should have known, were
coming into the state from out of the state.
(6) A processor shall not claim refund values, processing
payments, or administrative fees on empty beverage containers that
the processor knew, or should have known, were received from
noncertified recyclers or on beverage containers that the processor
knew, or should have known, come from out of the state. A processor
may claim refund values, processing payments, or administrative fees
on any empty beverage container that does not come from out of the
state and that is received from any entity that is identified by the
department on its list of certified recycling centers.
(7) A processor shall take the actions necessary and approved by
the department to cancel containers to render them unfit for
redemption.
(8) A processor shall prepare or maintain the following documents
involving empty beverage containers, as specified by the department
by regulation:
(A) Shipping reports that are required to be prepared by the
processor or that are required to be obtained from recycling centers.
(B) Processor invoice reports.
(C) Cancellation verification documents.
(D) Documents authorizing recycling centers to cancel empty
beverage containers.
(E) Processor-to-processor transaction receipts.
(F) Rejected container receipts on materials subject to this
division.
(G) Receipts for transactions with beverage manufacturers on
materials subject to this division.
(H) Receipts for transactions with distributors on materials
subject to this division.
(I) Weight tickets.
(9) In addition to the requirements of paragraph (7)
(8) , a processor shall cooperate with the
department and make available its records of scrap transactions when
the review of these records is necessary for an audit or
investigation by the department.
(c) The department may recover, in restitution pursuant to
paragraph (5) of subdivision (c) of Section 14591.2, any payments
made by the department to the processor pursuant to Section 14573
that are based on the documents specified in paragraph (8) of
subdivision (b) of this section, that are not prepared or maintained
in compliance with the department's regulations, and that do not
allow the department to verify claims for program payments.
SEC. 4. Section 14549.5 of the Public
Resources Code is amended to read:
14549.5. On or before the 90th day after the effective
date of the act amending this section, and annually thereafter
On or before April 1 of each year , or more
frequently as determined to be necessary by the department, the
department shall review and, if necessary in order to ensure payment
of the most accurate commingled rate feasible, recalculate commingled
rates paid for beverage containers and postfilled containers paid to
curbside recycling programs, dropoff or collection
programs, and recycling centers. Prior to recalculating a commingled
rate pursuant to this section, the department shall do all of the
following:
(a) Consult with private and public operators of curbside
recycling programs, dropoff or collection programs, and
recycling centers concerning the size of the statewide sample,
appropriate sampling methodologies, and alternatives to exclusive
reliance on a statewide commingled rate.
(b) At least 60 days prior to the effective date of any new
commingled rate, hold a public hearing, after giving notice, to make
available to the public and affected parties the department's review
and any proposed recalculations of the commingled rate.
(c) At least 60 days prior to the effective date of any new
commingled rate, and upon the request of any party, make available
documentation or studies which were prepared as part of the
department's review of a commingled rate.
(d) (1) Notwithstanding this division, the department may
calculate a curbside recycling program commingled rate pursuant to
this subdivision for bimetal containers and a combined commingled
rate for all plastic beverage containers displaying the resin
identification code "3," "4," "5," "6," or "7" pursuant to Section
18015.
(2) The department may enter into a contract for the services
required to implement the amendments to this section made by
the act of the first half of the 2003-04 Regular Session of the
Legislature amending this section Chapter 753 of the
Statutes of 2003 . The department may not expend more than two
hundred fifty thousand dollars ($250,000) for each year of the
contract. The contract shall be paid only from revenues derived from
redemption payments and processing fees paid on plastic beverage
containers displaying the resin identification code "3," "4," "5,"
"6," or "7" pursuant to Section 18015. If the department determines
that insufficient funds will be available from these revenues, after
refund values are paid to processors and the reduction is made in the
processing fee pursuant to subdivision (f)
(e) of Section 14575 for these containers, the department may
determine not to calculate a commingled rate pursuant to this
subdivision.
SEC. 5. Section 14550 of the Public
Resources Code is amended to read:
14550. (a) (1) Every processor shall report to the department for
each month the amount of empty beverage containers, by material type
and weight of container or material, excluding refillable beverage
containers, received from recycling centers and curbside programs for
recycling, and the scrap value paid for glass, PET, and bimetal
containers and any beverage container that is assessed a processing
fee. Every processor shall also report to the department for each
month the amount of other postfilled aluminum, glass, and plastic
food and drink packaging materials sold filled to consumers in this
state and returned for recycling. These reports shall be submitted
within 10 days after each month, in the form and manner that the
department may prescribe.
(2) The department shall treat all information reported pursuant
to this section by a processor as commercial or financial information
subject to the procedures established pursuant to Section 14554.
(b) Every distributor who sells or offers for sale in this state
beverages in aluminum beverage containers, nonaluminum metal
bimetal beverage containers, glass beverage
containers, plastic beverage containers, or other beverage
containers, including refillable beverage containers of these types,
shall report to the department for each month the number of beverages
sold in these beverage containers in this state which are labeled
pursuant to Section 14561, by material type and size and weight of
container or any other method as the department may prescribe. These
reports shall be submitted by the day when payment is due, consistent
with the applicable payment schedule specified in subdivision (a) of
Section 14574, in the form and manner which the department may
prescribe.
(c) Every distributor who sells or offers for sale in this state
beverages in refillable beverage containers and who pays a refund
value to distributors, dealers, or consumers who return these
containers for refilling, shall report to the department for each
month the number of these beverage containers returned empty to be
refilled, by material type and size of container or any other method
which the department may prescribe. These reports shall be submitted
by the day when payment is due, consistent with the schedule
specified in subdivision (a) of Section 14574, in the form and manner
which the department may prescribe.
(d) Notwithstanding subdivision (b), a distributor who elects to
make an annual payment pursuant to subdivision (b) of Section 14574
may, upon the approval of the department, submit the reports required
by this section annually to the department. The reports shall
accompany the annual payment submitted pursuant to Section 14574.
SEC. 6. 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 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.
SEC. 7. Section 14560.5 of the Public
Resources Code is amended to read:
14560.5. (a) (1) Except as provided in paragraph (2), the invoice
or other form of accounting of the transaction submitted by a
beverage distributor of beverages to a dealer shall separately
identify the amount of any redemption payment imposed on beverage
containers pursuant to Section 14560 and the separate identification
of the invoice or other form of accounting of the transaction shall
not combine or include the gross wholesale price with the redemption
payment but shall separately state the gross amount of the redemption
payment for each type of container included in each delivery.
(2) The invoice or other form of accounting of the transaction
submitted by any distributor of beer and malt beverages or wine or
distilled spirit coolers to a dealer may separately identify the
portion of the gross wholesale price attributable to any redemption
payment imposed on beverage containers pursuant to Section 14560 and
the separate identification of the invoice or other form of
accounting of the transaction may separately state the gross amount
of the redemption payment for each type of container included in each
delivery. The invoice or other form of accounting of this
transaction may separately identify the portion of the gross
wholesale price attributable to the redemption payment.
(3) Notwithstanding Section 14541, the The
department shall randomly inspect beverage distributor invoices
or other forms of accounting to ensure compliance with this
subdivision. However, an unintentional error in addition or
subtraction on an invoice or other form of accounting by a route
driver of a distributor shall not be deemed a violation of this
subdivision.
(4) For the purposes of this subdivision, the term "type of
container" includes the amount of the redemption payment on
containers under 24 ounces and on containers 24 ounces or more.
(b) To the extent technically and economically feasible, a dealer
may separately identify the amount of any redemption payment on the
customer cash register receipt provided to the consumer, by the
dealer, that is applied to the purchase of a beverage container.
(c) (1) A dealer shall separately identify the amount of any
redemption payment imposed on a beverage container in all advertising
of beverage products and on the shelf labels of the dealer's
establishment. The separate identification shall be accomplished by
stating one of the following:
(A) The price of the beverage product plus a descriptive term, as
described in paragraph (2).
(B) The price of the beverage product plus the amount of the
applicable redemption payment and a descriptive term, as described in
paragraph (2).
(C) The price of the beverage product plus the amount of the
applicable redemption payment, a descriptive term, as described in
paragraph (2), and the total of these two amounts.
(2) For purposes of paragraph (1), the redemption payment shall be
identified by one of the following descriptive terms: "California
Redemption Value," "CA Redemption Value," "CRV," "California Cash
Refund," "CA Cash Refund," or any other message specified in Section
14561.
(3) A dealer shall not include the redemption payment in the total
price of a beverage container in any advertising or on the shelf of
the dealer's establishment.
(4) This subdivision applies only to a dealer at a dealer location
with a sales and storage area totaling more than 4,000 square feet.
(5) The penalties specified in Sections 14591 and 14591.1 shall
not be applied to a person who violates this subdivision.
(d) With regard to the sale of beer and other malt beverages or
wine and distilled spirits cooler beverages, any amount of redemption
payment imposed by this division is subject to Section 25509 of the
Business and Professions Code.
SEC. 8. Section 14573.51 of the Public
Resources Code is amended to read:
14573.51. (a) Notwithstanding any other provision of this
division, recycling centers and processors shall not pay curbside
programs more than the applicable statewide average curbside
commingled rate unless the curbside program has received an
individual commingled rate from the department pursuant to
subdivision (b).
(b) The department may establish a procedure whereby the operators
of curbside programs may apply for an individual commingled rate for
any material or types with or without a statewide commingled rate,
including, but not limited to, glass, aluminum, bimetal, or any of
the individual plastic resin types or combination of resin types
identified by resin identification codes under Section 18015. These
procedures shall require, at a minimum, all of the following:
(1) The individual rate shall be valid for no more than one year
from the date the individual rate is authorized.
(2) The methodology used by the operator of the curbside program
to determine the commingled rate shall be approved by the department,
in advance.
(c) Curbside programs that have acquired an individual commingled
rate, pursuant to this section, shall not be surveyed by the
department to determine the statewide average curbside commingled
rate during the period the individual commingled rate is effective.
(d) The department may enter into a contract for the services
required to implement the amendments to this section made by
the act of the first half of the 2003-04 Regular Session of the
Legislature amending this section Chapter 753 of the
Statutes of 2003 . The department may not expend more than two
hundred fifty thousand dollars ($250,000) for each year of the
contract. The contract shall be paid only from revenues derived from
redemption payments and processing fees paid on plastic beverage
containers displaying the resin identification code "3," "4," "5,"
"6," or "7" pursuant to Section 18015. If the department determines
that insufficient funds will be available from these revenues, after
refund values are paid to processors and the reduction is made in the
processing fee pursuant to subdivision (f)
(e) of Section 14575 for these containers, the department may
determine not to calculate a commingled rate pursuant to subdivision
(b).
SEC. 9. Section 14575 of the Public
Resources Code is amended to read:
14575. (a) If any type of empty beverage container with a refund
value established pursuant to Section 14560 has a scrap value less
than the cost of recycling, the department shall, on January 1, 2000,
and on or before January 1 annually thereafter, establish a
processing fee and a processing payment for the container by the type
of the material of the container.
(b) The processing payment shall be at least equal to the
difference between the scrap value offered to a statistically
significant sample of recyclers by willing purchasers, and except for
the initial calculation made pursuant to subdivision (d), the sum of
both of the following:
(1) The actual cost for certified recycling centers, excluding
centers receiving a handling fee, of receiving, handling, storing,
transporting, and maintaining equipment for each container sold for
recycling or, only if the container is not recyclable, the actual
cost of disposal, calculated pursuant to subdivision (c). The
department shall determine the statewide weighted average cost to
recycle each beverage container type, which shall serve as the actual
recycling costs for purposes of paragraph (2) of subdivision (c), by
conducting a survey of the costs of a statistically significant
sample of certified recycling centers, excluding those recycling
centers receiving a handling fee, for receiving, handling, storing,
transporting, and maintaining equipment.
(2) A reasonable financial return for recycling centers.
(c) The department shall base the processing payment pursuant to
this section upon all of the following:
(1) Except as provided in paragraph (2), for calculating
processing payments that will be in effect on and after January 1,
2004, the department shall determine the actual costs for certified
recycling centers, every second year, pursuant to paragraph (1) of
subdivision (b). The department shall adjust the recycling costs
annually to reflect changes in the cost of living, as measured by the
Bureau of Labor Statistics of the United States Department of Labor
or a successor agency of the United States government.
(2) On and after January 1, 2010, the department shall use the
most recently published, measured actual costs of recycling for a
specific beverage material type if the department determines the
number of beverage containers for that material type that is returned
for recycling pursuant to Section 14551, based on the most recently
published calendar year number of beverage containers returned for
recycling, is less than 5 percent of the total number of beverage
containers returned for recycling for all material types. The
department shall determine the actual recycling cost to be used for
calculating processing payments for those beverage containers in the
following manner:
(A) The department shall adjust the costs of recycling that
material type every second year by the percentage change in the most
recently measured cost of recycling HDPE plastic beverage containers,
as determined by the department. The department shall use the
percentage change in costs of recycling HDPE plastic beverage
containers for this purpose, even if HDPE plastic beverage containers
are less than 5 percent of the total volume of returned beverage
containers.
(B) The department shall adjust the recycling costs annually for
that material type to reflect changes in the cost of living, as
measured by the Bureau of Labor Statistics of the United States
Department of Labor or a successor agency of the United States
government.
(d) Except as specified in subdivision (e), the actual processing
fee paid by a beverage manufacturer shall equal 65 percent of the
processing payment calculated pursuant to subdivision (b).
(e) The department, consistent with Section 14581 and subject to
the availability of funds, shall reduce the processing fee paid by
beverage manufacturers by expending funds in each material processing
fee account, in the following manner:
(1) On January 1, 2005, and annually thereafter, the processing
fee shall equal the following amounts:
(A) Ten percent of the processing payment for a container type
with a recycling rate equal to or greater than 75 percent.
(B) Eleven percent of the processing payment for a container type
with a recycling rate equal to or greater than 65 percent, but less
than 75 percent.
(C) Twelve percent of the processing payment for a container type
with a recycling rate equal to or greater than 60 percent, but less
than 65 percent.
(D) Thirteen percent of the processing payment for a container
type with a recycling rate equal to or greater than 55 percent, but
less than 60 percent.
(E) Fourteen percent of the processing payment for a container
type with a recycling rate equal to or greater than 50 percent, but
less than 55 percent.
(F) Fifteen percent of the processing payment for a container type
with a recycling rate equal to or greater than 45 percent, but less
than 50 percent.
(G) Eighteen percent of the processing payment for a container
type with a recycling rate equal to or greater than 40 percent, but
less than 45 percent.
(H) Twenty percent of the processing payment for a container type
with a recycling rate equal to or greater than 30 percent, but less
than 40 percent.
(I) Sixty-five percent of the processing payment for a container
type with a recycling rate less than 30 percent.
(2) The department shall calculate the recycling rate for purposes
of paragraph (1) based on the 12-month period ending on June 30 that
directly precedes the date of the January 1 processing fee
determination.
(f) Not more than once every three months, the department may make
an adjustment in the amount of the processing payment established
pursuant to this section notwithstanding any change in the amount of
the processing fee established pursuant to this section, for any
beverage container, if the department makes the following
determinations:
(1) The statewide scrap value paid by processors for the material
type for the most recent available 12-month period directly preceding
the quarter in which the processing payment is to be adjusted is 5
percent more or 5 percent less than the average scrap value used as
the basis for the processing payment currently in effect.
(2) Funds are available in the processing fee account for the
material type.
(3) Adjusting the processing payment is necessary to further the
objectives of this division.
(g) (1) Except as provided in paragraphs (2) and (3), every
beverage manufacturer shall pay to the department the applicable
processing fee for each container sold or transferred to a
distributor or dealer within 40 days of the sale in the form and in
the manner which the department may prescribe.
(2) (A) Notwithstanding Section 14506, with respect to the payment
of processing fees for beer and other malt beverages manufactured
outside the state, the beverage manufacturer shall be deemed to be
the person or entity named on the certificate of compliance issued
pursuant to Section 23671 of the Business and Professions Code. If
the department is unable to collect the processing fee from the
person or entity named on the certificate of compliance, the
department shall give written notice by certified mail, return
receipt requested, to that person or entity. The notice shall state
that the processing fee shall be remitted in full within 30 days of
issuance of the notice or the person or entity shall not be permitted
to offer that beverage brand for sale within the state. If the
person or entity fails to remit the processing fee within 30 days of
issuance of the notice, the department shall notify the Department of
Alcoholic Beverage Control that the certificate holder has failed to
comply, and the Department of Alcoholic Beverage Control shall
prohibit the offering for sale of that beverage brand within the
state.
(B) The department shall enter into a contract with the Department
of Alcoholic Beverage Control, pursuant to Section 14536.5,
concerning the implementation of this paragraph, which shall include
a provision reimbursing the Department of Alcoholic Beverage Control
for its costs incurred in implementing this paragraph.
(3) (A) Notwithstanding paragraph (1), if a beverage manufacturer
displays a pattern of operation in compliance with this division and
the regulations adopted pursuant to this division, to the
satisfaction of the department, the beverage manufacturer may make a
single annual payment of processing fees , if the
beverage manufacturer meets either of the following
conditions:
(i) If the redemption payment and refund value is not increased
pursuant to paragraph (3) of subdivision (a) of Section 14560, the
beverage manufacturer's projected processing fees for a calendar year
total less than ten thousand dollars ($10,000).
(ii) If the
redemption payment and refund value is increased pursuant to
paragraph (3) of subdivision (a) of Section 14560, the beverage
manufacturer's projected processing fees for a calendar
year total less than fifteen thousand dollars ($15,000).
(B) An annual processing fee payment made pursuant to this
paragraph is due and payable on or before February 1 for every
beverage container sold or transferred by the beverage manufacturer
to a distributor or dealer in the previous calendar year.
(C) A beverage manufacturer shall notify the department of its
intent to make an annual processing fee payment pursuant to this
paragraph on or before January 31 of the calendar year for which the
payment will be due.
(4) The department shall pay the processing payments on redeemed
containers to processors, in the same manner as it pays refund values
pursuant to Sections 14573 and 14573.5. The processor shall pay the
recycling center the entire processing payment representing the
actual costs and financial return incurred by the recycling center,
as specified in subdivision (b).
(h) When assessing processing fees pursuant to subdivision (a),
the department shall assess the processing fee on each container
sold, as provided in subdivisions (d) and (e), by the type of
material of the container, assuming that every container sold will be
redeemed for recycling, whether or not the container is actually
recycled.
(i) The container manufacturer, or a designated agent, shall pay
to, or credit, the account of the beverage manufacturer in an amount
equal to the processing fee.
(j) If, at the end of any calendar year for which glass recycling
rates equal or exceed 45 percent and sufficient surplus funds remain
in the glass processing fee account established by the
department pursuant to subparagraph (A) of paragraph (6) of
subdivision (a) of Section 14581 to make the reduction pursuant
to this subdivision or if, at the end of any calendar year for which
PET recycling rates equal or exceed 45 percent and sufficient
surplus funds remain in the PET processing fee account
established by the department pursuant to subparagraph (A) of
paragraph (6) of subdivision (a) of Section 14581 to make the
reduction pursuant to this subdivision, the department shall use
these surplus funds in the respective processing fee accounts in the
following calendar year to reduce the amount of the processing fee
that would otherwise be due from glass or PET beverage manufacturers
pursuant to this subdivision.
(1) The department shall reduce the glass or PET processing fee
amount pursuant to this subdivision in addition to any reduction for
which the glass or PET beverage container qualifies under subdivision
(e).
(2) The department shall determine the processing fee reduction by
dividing two million dollars ($2,000,000) from each processing fee
account by an estimate of the number of containers sold or
transferred to a distributor during the previous calendar year, based
upon the latest available data.
SEC. 10. Section 14575.1 of the Public
Resources Code is amended to read:
14575.1. (a) (1) Notwithstanding
subdivision (b) of Section 14575, if a willing purchaser offers to
purchase empty PET containers at a voluntary artificial scrap value
that is equal to the processing fee reduced pursuant to subdivision
(f) (e) of Section 14575 when applied
to all containers sold, no processing fee shall be imposed on PET
containers pursuant to Section 14575.
(2) For purposes of this section, "PET Processing Fee Account"
means the account established by the department pursuant to
subparagraph (A) of paragraph (6) of subdivision (a) of Section 14581
for the deposit of the funds specified in that paragraph with regard
to PET containers.
(b) If a willing purchaser offers to pay a voluntary artificial
scrap value, the department shall, on a monthly basis, determine
whether the sum of the voluntary artificial scrap value and payments
made from the PET Processing Fee Account pursuant to subdivision
(f) (e) of Section 14575, are equal to,
or more than, the recycling cost for empty PET containers determined
pursuant to subdivision (d) of Section 14575.
(c) If the department determines that, for any monthly period, the
sum of the voluntary artificial scrap value and payments made from
the PET Processing Fee Account pursuant to subdivision (f)
(e) of Section 14575, is less than the recycling
cost for empty PET containers, determined pursuant to Section 14575,
the following requirements shall apply:
(1) The department shall immediately provide written notification
of the deficiency for that monthly period and the amount of that
deficiency to any willing purchaser.
(2) A willing purchaser shall correct the deficiency in the next
monthly period by adjusting the voluntary artificial scrap value by
an amount sufficient to equal the recycling cost for empty PET
containers plus the previous monthly period's deficiency.
(3) If the deficiency and amount in arrears is not corrected
within 30 days of providing written notice to willing purchasers of
empty PET containers, the department shall impose a processing fee
pursuant to Section 14575 which includes any amount necessary,
including any amount in arrears, to cover the cost of recycling empty
PET containers.
(d) If the department determines that, for any monthly period, the
sum of the voluntary artificial scrap value and payments made from
the PET Processing Fee Account pursuant to subdivision (f)
(e) of Section 14575, is greater than the
recycling cost for empty PET containers, the department shall do both
of the following:
(1) Immediately provide written notification of the deviation for
that monthly period and the amount of that deviation to any willing
purchaser.
(2) Provide a credit equal to the amount of the deviation for any
future monthly period wherein the voluntary artificial scrap value,
and payments made from the PET Processing Fee Account, are less than
the recycling cost of empty PET containers determined pursuant to
subdivision (d) (c) of Section 14575.
(e) Nothing in this section is intended to affect any litigation
that was pending on January 1, 1996, in which the department is a
party of record.
SEC. 11. Section 14585.5 of the Public
Resources Code is amended to read:
14585.5. (a) The department shall not make handling fee payments
to a supermarket site if the department determines that all empty
beverage container types are not redeemed at the same physical
location within the recycling location.
(b) A supermarket site that redeems all empty beverage container
types at the same physical location within the recycling location,
and issues script scrip to consumers
which that is required to be redeemed at
a nearby host business, is eligible to receive handling fee
payments.
SEC. 12. Section 19510 of the Public
Resources Code is amended to read:
19510. (a) Except as provided in
Section 19511 subdivision (b) , every
manufacturer shall ensure that the annual tonnage of fiberglass
manufactured or sold in the state by that manufacturer on and after
January 1, 1992 2013 , other
than fiberglass in inventory manufactured for sale before January 1,
1992, shall contain at least 10 30
percent cullet.
(b) If the department determines that the requirements of this
section would pose an unreasonable technical burden on the fiberglass
manufacturer that exceed the benefit of recycling cullet, the annual
tonnage of fiberglass manufactured or sold in the state by the
manufacturer may contain a lesser amount, as determined by the
department.
SEC. 13. Section 19511 of the Public
Resources Code is amended to read:
19511. The percentage of fiberglass sold which
that is made of cullet shall be calculated in tons used
on an annual basis. Unless the department determines that an
increase in the percentage of cullet would pose an unreasonable
technical burden on the fiberglass manufacturer that exceeds the
benefits to recycling the cullet, each fiberglass manufacturer shall
increase the percentage of cullet in fiberglass in accordance with
the following requirements:
(a) On and after January 1, 1994, until December 31, 1994, the
percentage of cullet shall be 20 percent.
(b) On and after January 1, 1995, the percentage of cullet shall
be 30 percent.
SEC. 14. Section 19512 of the Public
Resources Code is repealed.
19512. On or before January 1, 1994, the department shall request
comments from at least two fiberglass manufacturers, two cullet
processors, and any other interested parties on the feasibility of
increasing the percentage of cullet in fiberglass to 30 percent. On
or before July 1, 1994, the department shall hold a public hearing,
on the record, with representatives from the fiberglass industry,
cullet processors, and other interested parties to determine the
feasibility of increasing cullet content in fiberglass manufacturing.
SECTION 1. Section 43600 of the Public
Resources Code is amended to read:
43600. (a) Except as otherwise provided in subdivision (b), a
person owning or operating a solid waste landfill, as defined in
subdivision (a) of Section 40195.1, shall, with the closure plan and
postclosure maintenance plan submitted pursuant to subdivision (b) of
Section 43501, submit to the board evidence of financial ability to
provide for the cost of closure and postclosure maintenance, in an
amount that is equal to the estimated cost of closure and not less
than 15 years of postclosure maintenance, contained in the closure
plan and the postclosure maintenance plan submitted.
(b) On and after the effective date of the federal regulations set
forth in Subpart G (commencing with Section 258.70) of Part 258 of
Title 40 of the Code of Federal Regulations, a person owning or
operating a solid waste landfill, shall, with the closure plan and
postclosure maintenance plan submitted pursuant to subdivision (b) of
Section 43501, submit to the board evidence of financial ability to
provide for closure and postclosure maintenance, in an amount that is
equal to the estimated cost of closure and 30 years of postclosure
maintenance, contained in the closure plan and the postclosure
maintenance plan submitted.
