Bill Text: CA SB402 | 2009-2010 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Recycling: California redemption value.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Vetoed) 2010-01-19 - Stricken from Senate file. [SB402 Detail]
Download: California-2009-SB402-Amended.html
Bill Title: Recycling: California redemption value.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Vetoed) 2010-01-19 - Stricken from Senate file. [SB402 Detail]
Download: California-2009-SB402-Amended.html
BILL NUMBER: SB 402 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY SEPTEMBER 11, 2009
AMENDED IN ASSEMBLY SEPTEMBER 4, 2009
AMENDED IN SENATE APRIL 28, 2009
AMENDED IN SENATE APRIL 16, 2009
INTRODUCED BY Senator Wolk
( Principal coauthor: Senator
Corbett )
( Principal coauthor: Assembly Member
Skinner )
( Coauthor: Assembly Member
Chesbro )
FEBRUARY 26, 2009
An act to amend, repeal, and add Section 14574 of the
Public Resources Code, relating to recycling, and declaring the
urgency thereof, to take effect immediately. An act to
amend Sections 14560, 14571.2, 14571.8, 14572, 14574, 14575, 14581,
14585, and 43021 of, to add Sections 14515.3, 14526.8, 14571.6.5,
14571.6.6, and 14571.6.7 to, and to amend, repeal, and add Section
14504 of, the Public Resources Code, relating to recycling, and
making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 402, as amended, Wolk. Recycling: beverage
containers: redemption payments. California redemption
value.
(1) Existing law, the California Beverage Container Recycling and
Litter Reduction Act (act), requires that every beverage container
sold or offered for sale in this state is required to have a minimum
refund value. A distributor is required to pay a redemption payment
for every beverage container sold or offered for sale in the state to
the Department of Conservation and the department is required to
deposit those amounts in the California Beverage Container Recycling
Fund. The money in the fund is continuously appropriated to the
department to pay refund values, administrative fees to processors,
and a reserve for contingencies. A violation of the act is a crime.
"Beverage" is defined, for purposes of the act, to include, among
other things, beer and other malt beverages, wine and distilled
spirit coolers, carbonated mineral and soda waters, noncarbonated
fruit drinks, and vegetable juices, in liquid form that are intended
for human consumption, but excludes from that definition vegetable
drinks in beverage containers of more than 16 ounces. The act also
excludes, from the definition of beverage, any product sold in a
container that is not an aluminum beverage container, a glass
container, a plastic beverage container, or a bimetal container.
This bill would, as of July 1, 2010, revise the term beverage to
include vegetable, fruit, nut, grain, or soy drinks or juices or
noncarbonated drinks that contain any percentage of those drinks or
juices, and would delete the requirement that a vegetable, drink,
subject to the act, be sold in a container of 16 ounces or less. The
bill would delete the exclusion from the term beverage, for a product
that is not sold in the above-specified types of containers. The
bill would additionally exclude from the definition a beverage in a
flexible foil, plastic pouch, or aseptic container delivering 7 or
less fluid ounces.
Since the additional payments for the plastic beverage containers
and other beverage containers that this bill would make subject to
the act would be deposited in a continuously appropriated fund, the
bill would make an appropriation. The bill would also impose a
state-mandated local program by creating new crimes relating to
beverage containers.
(2) Existing law requires a distributor of specified beverage
containers to pay a redemption payment to the Department of
Conservation for each beverage container sold or transferred for
deposit in the California Beverage Container Recycling Fund. The
money in the fund is continuously appropriated to the department to
pay refund values, administrative fees to processors, and a reserve
for contingencies.
This bill would raise the amount of the redemption payment paid by
the distributor and the refund value, as specified. Since the
increased payments for the beverage containers that are subject to
the act would be deposited in a continuously appropriated fund, the
bill would make an appropriation.
Existing law requires that a distributor pay the redemption
payment not later than the last day of the 3rd month following the
sale and authorizes a distributor, upon the approval of the
department, to elect to make a single annual payment if the
distributor meets specified conditions and notifies the department of
its intent to make annual redemption payments.
This bill would require all beverage distributors to make the
redemption payment no later than the last day of the 2nd month
following the sale of the beverages. This bill would revise the
conditions under which a distributor would be authorized to make a
single annual payment. The bill would also authorize a distributor to
withhold payment of redemption payments until the next payment
period when the distributor has not received payment for beverage
containers on which redemption payments are owed.
(3) Existing law requires certified recycling centers to accept
any empty beverage container from a consumer or dropoff or collection
program and pay the refund value, which can be based on weight.
This bill would provide, with exceptions, that a recycling center
that does not receive handling fees is not required to redeem empty
beverage containers of a container type not included in the program
before July 1, 2009.
(4) The department is authorized to make specified expenditures
from the moneys remaining in the fund after the moneys for certain
purposes have been set aside.
This bill would increase the amount of moneys for grants to
certified community conservation corps for beverage container litter
reduction programs and recycling programs.
The bill would suspend, for the 2009-10 fiscal year, expenditures
for grants for beverage container recycling and litter reduction
programs and a statewide public education and information campaign
aimed at promoting increased recycling of beverage containers.
The bill would eliminate funds the department is authorized to
expend for grants for specified beverage container recycling and
litter reduction programs.
The bill would require the department, if there are any reductions
in certain expenditures due to insufficient funds, on or after July
1, 2009, to provide, subject to the availability of funds,
retroactive full funding, on or before July 1, 2010.
The bill would require the department, for any reduction in
expenditures that resulted in a reduction in the amount of funds
available to make processing payments and an increase in processing
fees paid by manufacturers, to credit beverage manufacturers for any
overpayment of processing fees, subject to the availability of funds.
(5) Existing law requires the department to continuously assist
dealers and recyclers to establish certified recycling centers within
in each convenience zone.
This bill would provide assistance and incentives to reduce the
number of zones not serviced by a certified recycling center.
(6) Existing law requires that regulations governing solid waste
facilities include standards for design, operation, maintenance, and
ultimate reuse of solid waste facilities.
This bill would prohibit those regulations from including any
requirements for processors or recyclers, as defined, where the
amount of outgoing solid waste is 15% or less of the total amount of
incoming material received by weight calculated on a monthly basis
after reasonable adjustment for the weight of moisture, and the
amount of putrescible wastes in the outgoing solid waste shall be 3%
or less of the amount of incoming material received by weight
calculated on a monthly basis.
(7) The bill would delete obsolete provisions and make conforming
changes.
(8) 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.
Existing law requires a distributor of specified beverage
containers to pay a redemption payment to the Department of
Conservation for each beverage container sold or transferred for
deposit in the California Beverage Container Recycling Fund. Existing
law requires that the distributor pay the redemption payment not
later than the last day of the 3rd month following the sale.
This bill would require these beverage distributors, to make the
redemption payment no later than the last day of the 2nd month
following the sale of the beverages, except the bill would provide a
specific redemption payment schedule for sales for July, August, and
September of 2009. These provisions would be repealed on June 30,
2010.
The bill would authorize a distributor to withhold payment of
redemption payments until the next payment period when the
distributor has not received payment for beverage containers on which
redemption payments are owed.
This bill would declare that it is to take effect immediately as
an urgency statute.
Vote: 2/3 majority . Appropriation:
no yes . Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. It is the intent of the Legislature
that projects under contract be fully completed for the thirty-five
million dollars ($35,000,000) in market development grants awarded
under Section 14851 of the Public Resources Code during the 2008-09
fiscal year for which partial or complete encumbrance of funds has
taken place by September 1, 2009.
SEC. 2. Section 14504 of the Public
Resources Code is amended to read:
14504. (a) Except as provided in subdivision (b), "beverage"
means any of the following products if those products are in liquid,
ready-to-drink form, and are intended for human consumption:
(1) Beer and other malt beverages.
(2) Wine and distilled spirit coolers.
(3) Carbonated water, including soda and carbonated mineral water.
(4) Noncarbonated water, including noncarbonated mineral water.
(5) Carbonated soft drinks.
(6) Noncarbonated soft drinks and "sport" drinks.
(7) Except as provided in paragraph (4) of subdivision (b),
noncarbonated fruit drinks that contain any percentage of fruit
juice.
(8) Coffee and tea drinks.
(9) Carbonated fruit drinks.
(10) Vegetable juice in beverage containers of 16 ounces or less.
(b) "Beverage" does not include any of the following:
(1) Any product sold in a container that is not an aluminum
beverage container, a glass container, a plastic beverage container,
or a bimetal container.
(2) Wine, or wine from which alcohol has been removed, in whole or
in part, whether or not sparkling or carbonated.
(3) Milk, medical food, or infant formula.
(4) One hundred percent fruit juice in containers that are 46
ounces or more in volume.
(c) For purposes of this section, the following definitions shall
apply:
(1) "Infant formula" means any liquid food described or sold as an
alternative for human milk for the feeding of infants.
(2) (A) "Medical food" means a food or beverage that is formulated
to be consumed, or administered enterally under the supervision of a
physician, and that is intended for specific dietary management of
diseases or health conditions for which distinctive nutritional
requirements, based on recognized scientific principles, are
established by medical evaluation.
(B) A "medical food" is a specially formulated and processed
product, for the partial or exclusive feeding of a patient by means
of oral intake or enteral feeding by tube, and is not a naturally
occurring foodstuff used in its natural state.
(C) "Medical food" includes any product that meets the definition
of "medical food" in the federal Federal
Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 360ee (b)
(3) (b)(3)) .
(3) "Noncarbonated soft drink" means a nonalcoholic, noncarbonated
naturally or artificially flavored water containing sugar or
sweetener or trace amounts of various elements from both natural and
synthetic sources.
(d) This section shall remain in effect only until July 1, 2010,
and as of that date is repealed, unless a later enacted statute, that
is enacted before July 1, 2010, deletes or extends that date.
SEC. 3. Section 14504 is added to the
Public Resources Code , to read:
14504. (a) Except as provided in subdivision (b), "beverage"
means any of the following products if those products are in liquid,
ready-to-drink form, and are intended for human consumption:
(1) Beer and other malt beverages.
(2) Wine and distilled spirit coolers.
(3) Carbonated water, including soda and carbonated mineral water.
(4) Noncarbonated water, including noncarbonated mineral water.
(5) Carbonated soft drinks.
(6) Noncarbonated soft drinks and "sport" drinks.
(7) Vegetable, fruit, nut, grain, or soy drinks or juices, or
noncarbonated drinks that contain any percentage of those drinks or
juices.
(8) Coffee and tea drinks.
(9) Carbonated fruit drinks.
(b) "Beverage" does not include any of the following:
(1) Wine, or wine from which alcohol has been removed, in whole or
in part, whether or not sparkling or carbonated.
(2) Milk, medical food, or infant formula.
(3) Beverages in a flexible foil, plastic pouch, or aseptic
container that delivers seven or less fluid ounces of beverage in the
container.
(c) For purposes of this section, the following definitions shall
apply:
(1) "Infant formula" means any liquid food described or sold as an
alternative for human milk for the feeding of infants.
(2) (A) "Medical food" means a food or beverage that is formulated
to be consumed, or administered enterally under the supervision of a
physician, and that is intended for specific dietary management of
diseases or health conditions for which distinctive nutritional
requirements, based on recognized scientific principles, are
established by medical evaluation.
(B) A "medical food" is a specially formulated and processed
product, for the partial or exclusive feeding of a patient by means
of oral intake or enteral feeding by tube, and is not a naturally
occurring foodstuff used in its natural state.
(C) "Medical food" includes any product that meets the definition
of "medical food" in the Federal Food, Drug, and Cosmetic Act (21
U.S.C. Sec. 360ee (b)(3)).
(3) "Noncarbonated soft drink" means a nonalcoholic, noncarbonated
naturally or artificially flavored water containing sugar or
sweetener or trace amounts of various elements from both natural and
synthetic sources.
(d) This section shall become operative on July 1, 2010.
SEC. 4. Section 14515.3 is added to the
Public Resources Code , to read:
14515.3. "Paper beverage container" means a paperboard carton,
gable-top, aseptic, poly-coated paperboard, or other beverage
container made primarily of paper.
SEC. 5. Section 14526.8 is added to the
Public Resources Code , to read:
14526.8. "Unserved convenience zone" means a convenience zone
where there is not in operation a certified recycling center or other
location that meets the requirements of subdivision (a) of Section
14571, and where the zone is not exempt pursuant to Section 14571.8.
SEC. 6. Section 14560 of the Public
Resources Code is amended to read:
14560. (a) (1) Except as provided in paragraph (3)
(4) , a beverage distributor shall pay the
department, for deposit into the fund, a redemption payment of
four cents ($0.04) five cents ($0.05)
for a beverage container sold or offered for sale in this state by
the distributor , on or after January 1, 2010 .
(2) A beverage container with a capacity of 24
20 fluid ounces or more shall be considered as two
beverage containers for purposes of redemption payments paid pursuant
to paragraph (1).
(3) For beverage containers sold on or after January 1, 2010, the
amount of the redemption payment and refund value for a beverage
container with a capacity of less than 20 fluid ounces sold or
offered for sale in this state by a dealer shall equal five cents
($0.05) and the amount of redemption payment and refund value for a
beverage container with a capacity of 20 fluid ounces or more shall
be ten cents ($0.10).
(3) On and after July 1, 2007,
(4) For beverage containers sold on or
after July 1, 2007, and before January 1, 2010, the amount of
the redemption payment and refund value for a beverage container with
a capacity of less than 24 fluid ounces sold or offered for sale in
this state by a dealer shall equal five cents ($0.05) and the amount
of redemption payment and refund value for a beverage container with
a capacity of 24 fluid ounces or more shall be ten cents ($0.10)
, if the aggregate recycling rate reported pursuant to
Section 14551 for all beverage containers subject to this division is
less than 75 percent for the 12-month reporting period from January
1, 2006, to December 31, 2006, or for any calendar year thereafter
.
(b) Except as provided in subdivision (c), a beverage container
sold or offered for sale in this state has a refund value of four
cents ($0.04) if the beverage container has a capacity of less than
24 fluid ounces and eight cents ($0.08) if the beverage container has
a capacity of 24 fluid ounces or more.
(c) Notwithstanding subdivision (b), the department may, on and
after January 1, 2007, but not after July 1, 2007, increase the
amount of the refund value specified in subdivision (b), by no more
than one cent ($0.01), if the container has a capacity of less than
24 fluid ounces, and by two cents ($0.02) if the container has a
capacity of 24 fluid ounces or more, if the department determines, as
specified in subdivision (f) of Section 14581, there are sufficient
moneys remaining in the fund to make these increased payments.
(5) This section does not discharge the responsibility of a
beverage distributor to pay the department the appropriate redemption
payment as this section read on January 1, 2009, for a beverage
container sold before January 1, 2010.
(d)
(b) (1) The department shall periodically review the
fund to ensure that there are adequate funds in the fund to pay
refund values and other disbursements required by this division.
(2) If the department determines, pursuant to a review made
pursuant to paragraph (1), that there may be inadequate funds to pay
the refund values and necessary disbursements required by this
division, the department shall immediately notify the Legislature of
the need for urgent legislative action.
(3) On or before 180 days , but not less than 90 days,
after the notice is sent pursuant to paragraph (2), the department
may reduce or eliminate expenditures, or both, from the fund as
necessary, according to the procedure set forth in Section 14581, to
ensure that there are adequate funds in the fund to pay the refund
values and other disbursements required by this division.
(e)
(c) This section does not apply to a refillable
beverage container.
(f) The repeal and reenactment of this section by Chapter 815 of
the Statutes of 1999 do not affect any obligations or penalties
imposed by this section, as it read on January 1, 1999.
SEC. 7. Section 14571.2 of the Public
Resources Code is amended to read:
14571.2. (a) The department shall
continuously assist dealers and recyclers to establish certified
recycling locations within each convenience zone. This assistance
includes, but is not limited to, providing information to companies
and organizations interested in operating recycling in the
convenience zone; providing dealers with names of prospective
recyclers for the convenience zone and providing recyclers with the
names of dealers in need of a recycler for a convenience zone;
providing dealers and recyclers with information on grants,
advertising funds, and other resources available; and providing
recyclers with advice regarding appearance and image of the recycling
center and the efficient handling and transportation of recycled
beverage containers.
(b) It shall be the goal and responsibility of the department to
provide assistance and incentives to reduce the number of unserved
zones to less than 5 percent of total zones by January 1, 2011.
(c) (1) Notwithstanding Section 14571.6, for any zone that was
unserved on July 1, 2009, the obligation of dealers in that zone to
redeem empty beverage containers in the store shall be suspended
until December 31, 2010.
(2) Notwithstanding Section 14585, any dealer that chooses to
redeem empty beverage containers inside the store shall be eligible
to receive handling fees pursuant to Section 14585 and a processor
shall pay refund values, administrative costs, and processing
payments to the recycling center pursuant to subdivision (a) of
Section 14573.5 in the same manner as a recycling center operating in
compliance with Section 14571.
SEC. 8. Section 14571.6.5 is added to the
Public Resources Code , to read:
14571.6.5. (a) Notwithstanding Section 14571, the department may
allow the operator of a certified recycling center to be open for
business for less than 30 hours per week, but not less than 20 hours
per week, if the certified recycling center is located in a
convenience zone that has been unserved for at least six continuous
months, and is identified by the department as an unserved
convenience zone.
(b) A recycling center that is authorized by the department
pursuant to subdivision (a) shall be eligible to apply for handling
fees pursuant to Section 14585, and a processor shall pay refund
values, administrative costs, and processing payments to the
recycling center pursuant to subdivision (a) of Section 14573.5 in
the same manner as a recycling center operating in compliance with
Section 14571.
(c) The department shall authorize not more than 120 recycling
centers in unserved convenience zones pursuant to this section.
SEC. 9. Section 14571.6.6 is added to the
Public Resources Code , to read:
14571.6.6. (a) Notwithstanding Sections 14571 and 14585, the
department may authorize the operator of a certified recycling center
to be eligible to apply for the payment of handling fees if the
recycling center is located in a convenience zone that has been
unserved for at least six continuous months, but is not located in a
supermarket parking lot, and the convenience zone is identified by
the department as an unserved convenience zone.
(b) The department shall authorize not more than 120 recycling
centers in unserved convenience zones pursuant to this section.
SEC. 10. Section 14571.6.7 is added to the
Public Resources Code , to read:
14571.6.7. (a) Notwithstanding Sections 14585, the department may
authorize the operator of a certified recycling center to be
eligible for a handling fee equivalent to 120 percent of the current
level for a period of 24 months if the recycling center is located in
a convenience zone that has been unserved for at least six
continuous months and the convenience zone is identified by the
department as an unserved convenience zone.
(b) The department shall authorize not more than 120 recycling
centers in unserved convenience zones pursuant to this section.
SEC. 11. Section 14571.8 of the Public
Resources Code is amended to read:
14571.8. (a) No lease entered into by a dealer after January 1,
1987, may contain a leasehold restriction that prohibits or results
in the prohibition of the establishment of a recycling location.
(b) The director may grant an exemption from the requirements of
Section 14571 for an individual convenience zone only after the
department solicits public testimony on whether or not to provide an
exemption from Section 14571. The solicitation process shall be
designed by the department to ensure that operators of recycling
centers, dealers, and members of the public in the jurisdiction
affected by the proposed exemption are aware of the proposed
exemption. After evaluation of the testimony and any field review
conducted, the department shall base a decision to exempt a
convenience zone on one, or any combination, of the following
factors:
(1) The exemption will not significantly decrease the ability of
consumers to conveniently return beverage containers for the refund
value to a certified recycling center redeeming all material types.
(2) Except as provided in paragraph (5), the nearest certified
recycling center is within a reasonable distance of the convenience
zone being considered from exemption.
(3) The convenience zone is in the area of a curbside recycling
program that meets the criteria specified in Section 14509.5.
(4) The requirements of Section 14571 cannot be met in a
particular convenience zone due to local zoning or the dealer's
leasehold restrictions for leases in effect on January 1, 1987, and
the local zoning or leasehold restrictions are not within the
authority of the department and the dealer. However, any lease
executed after January 1, 1987, shall meet the requirements specified
in subdivision (a).
(5) The convenience zone has redeemed less than 60,000 containers
per month for the prior 12 months and, notwithstanding paragraph (2),
a certified recycling center is located within one mile of the
convenience zone that is the subject of the exemption.
(c) The department shall review each convenience zone in which a
certified recycling center was not located on January 1, 1996, to
determine the eligibility of the convenience zone under the exemption
criteria specified in subdivision (b).
(d) The total number of exemptions granted by the director under
this section shall not exceed 35 40
percent of the total number of convenience zones identified pursuant
to this section.
(e) The department may, on its own motion, or upon petition by any
interested person, revoke a convenience zone exemption if either of
the following occurs:
(1) The condition or conditions that caused the convenience zone
to be exempt no longer exists, and the department determines that the
criteria for an exemption specified in this section are not
presently applicable to the convenience zone.
(2) The department determines that the convenience zone exemption
was granted due to an administrative error.
(f) If an exemption is revoked and a recycling center is not
certified and operational in the convenience zone, the department
shall, within 10 days of the date of the decision to revoke, serve
all dealers in the convenience zone with the notice specified in
subdivision (a) of Section 14571.7.
(g) An exemption shall not be revoked when a recycling center
becomes certified and operational within an exempt convenience zone
unless either of the events specified in paragraphs (1) and (2) of
subdivision (e) occurs.
SEC. 12. Section 14572 of the Public
Resources Code is amended to read:
14572. (a) Except as provided in subdivision (b), 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. The center may pay the refund value based on the
weight of returned containers.
(b) Any recycling center or processor which was in existence on
January 1, 1986, and which 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. Any certified recycling
center which 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 which do accept all types of containers.
(c) The department shall develop procedures by which recycling
centers and processors which 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. No person shall pay
a noncertified recycler for empty beverage containers an amount which
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) No person may receive or retain, for empty beverage containers
which 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) (1) Notwithstanding the provisions of this section, except as
provided in paragraph (2), a certified recycling center that does not
receive handling fees shall not be required to redeem empty beverage
containers of a container type not included in the program before
July 1, 2009.
(2) If the department determines that there is a willing purchaser
of an empty beverage container type offering a scrap price that when
combined with the processing payment is equal to or greater than the
cost of recycling, a certified recycling center may not claim the
exemption in paragraph (1).
SEC. 13. Section 14574 of the Public
Resources Code is amended to read:
14574. (a) (1) A distributor of beverage containers shall pay to
the department the redemption payment for every beverage container,
other than a refillable beverage container, sold or transferred to a
dealer, less 1.5 percent for the distributor's administrative costs.
(2) The payment made by a distributor shall be made not later than
the last day of the third second month
following the sale. The distributor shall make the payment in the
form and manner that the department prescribes.
(b) (1) Notwithstanding subdivision (a), if a distributor 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 distributor may make a single annual payment of
redemption payments, if the distributor meets either of the
following requirements: distributor's projected
redemption payment for a calendar year totals less than seventy-five
thousand dollars ($75,000).
(A) If the redemption payment and refund value is not increased
pursuant to paragraph (3) of subdivision (a) of Section 14560, the
distributor's projected redemption payment for a calendar year totals
less than fifty thousand dollars ($50,000).
(B) If the redemption payment and refund value is increased
pursuant to paragraph (3) of subdivision (a) of Section 14560, the
distributor's projected redemption payment for a calendar year totals
less than seventy-five thousand dollars ($75,000).
(2) An annual redemption payment made pursuant to this subdivision
is due and payable on or before February 1 for every beverage
container sold or transferred by the distributor to a dealer in the
previous calendar year.
(3) A distributor shall notify the department of its intent to
make an annual redemption payment pursuant to this subdivision on or
before January 31 of the calendar year for which the payment will be
due.
(4) A distributor may withhold payment of redemption payments when
the distributor has not received payment for beverage containers on
which redemption payments are owed pursuant to this division until
the next payment period.
SEC. 14. 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.
(3) Notwithstanding the provisions of this section, for the 2010
and 2011 calendar years only, the processing payment for each paper
beverage container recycled shall be the equivalent of one hundred
thirty-five dollars ($135) per ton and the processing fee for each
paper beverage container sold shall be the equivalent of 35 percent
of one hundred thirty-five dollars ($135) per ton.
(4) (A) Notwithstanding the provisions of this section, for the
2010 and 2011 fiscal years only, for the purposes of calculating the
processing payments and processing fees for glass containers, the
recycling cost shall not exceed one hundred five dollars and
ninety-six cents ($105.96) per ton, the scrap value shall not be less
than six dollars and fifty-three cents ($6.53) per ton, and the
processing payment shall not be greater than the difference,
ninety-nine dollars and forty-three cents ($99.43) per ton.
(B) Notwithstanding the provisions of this section, for the 2010
and 2011 fiscal years only, the processing fee resulting from the
calculation in subparagraph (A) for glass containers shall not exceed
2.28 mills ($0.00228) for every container sold. This rate shall not
increase in the event of subsequent loans to or borrowing by the
General Fund.
(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 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 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. 15. Section 14581 of the Public
Resources Code is amended to read:
14581. (a) Subject to the availability of funds, and pursuant to
subdivision (c), the department shall expend the moneys set aside in
the fund, pursuant to subdivision (c) of Section 14580, for the
purposes of this section:
(1) (A) On and after July 1, 2005, to June 30, 2006, inclusive, up
to thirty-one million dollars ($31,000,000) may be expended for that
fiscal year for the payment of handling fees pursuant to Section
14585.
(B) On and after July 1, 2006, to June 30, 2007, inclusive, up to
thirty-three million dollars ($33,000,000) may be expended for that
fiscal year for the payment of handling fees pursuant to Section
14585.
(C) On and after July 1, 2007, to June 30, 2008, inclusive, up to
thirty-five million dollars ($35,000,000) may be expended for that
fiscal year for the payment of handling fees pursuant to Section
14585.
(D)
(1) For each fiscal year commencing July 1, 2008, the
department may expend the amount necessary to make the required
handling fee payment pursuant to Section 14585.
(2) Fifteen million dollars ($15,000,000) shall be expended
annually for payments for curbside programs and neighborhood dropoff
programs pursuant to Section 14549.6.
(3) (A) Fifteen million dollars ($15,000,000)
Except as provided in subparagraph (C) twenty-two million
dollars ($22,000,000) , plus the proportional share of the
cost-of-living adjustment, as provided in subdivision (b), shall be
expended annually in the form of grants for beverage container litter
reduction programs and recycling programs issued to either of the
following:
(i) Certified community conservation corps that were in existence
on September 30, 1999, or that are formed subsequent to that date,
that are designated by a city or a city and county to perform litter
abatement, recycling, and related activities, if the city or the city
and county has a population, as determined by the most recent
census, of more than 250,000 persons.
(ii) Community conservation corps that are designated by a county
to perform litter abatement, recycling, and related activities, and
are certified by the California Conservation Corps as having operated
for a minimum of two years and as meeting all other criteria of
Section 14507.5.
(B) Any grants provided pursuant to this paragraph shall not
comprise more than 75 percent of the annual budget of a community
conservation corps.
(4) (A) On or after July 1, 2007, until June 30, 2008, for only
that fiscal year, up to twenty million dollars ($20,000,000) may be
expended in the form of competitive grants issued to community
conservation corps that are designated by a city or county, and that
meet all of the following criteria:
(i) Are certified by the California Conservation Corps as having
operated for a minimum of two years.
(ii) Meet all other requirements under Section 14507.5.
(B) The department shall prepare and adopt criteria and procedures
for evaluating grant applications on a competitive basis. Eligible
activities for the use of these funds shall include developing new
projects, or enhancing or assisting existing projects, to increase
beverage container recycling and increasing the quality of recycled
material at the following locations:
(i) Multifamily dwellings.
(ii) Schools.
(iii) Commercial, state, and local government buildings.
(iv) Bars, restaurants, hotels, and lodging establishments, and
entertainment venues.
(v) Parks and beaches.
(C) Any grants provided pursuant to this paragraph shall not
comprise more than 75 percent of the annual budget of a community
conservation corps.
(D) Any grants provided pursuant to this paragraph shall support
one-time capital improvement projects and shall not be used to
support ongoing staff activities.
(E) Any grant funds appropriated pursuant to this paragraph that
have not been awarded to a grantee prior to the end of the 2007-08
fiscal year shall revert to the fund.
(5)
(C) For the 2009-10 fiscal year only, the total amount expended
pursuant to this paragraph shall include the eight million two
hundred fifty thousand dollars ($8,250,000) allocated in the 2009-10
annual Budget Act. This subparagraph shall not be subject to any
proportional reduction implemented pursuant to subdivision (d).
(4) (A) Ten million five hundred thousand dollars
($10,500,000) may be expended annually for payments of five thousand
dollars ($5,000) to cities and ten thousand dollars ($10,000) for
payments to counties for beverage container recycling and litter
cleanup activities, or the department may calculate the payments to
counties and cities on a per capita basis, and may pay whichever
amount is greater, for those activities.
(B) Eligible activities for the use of these funds may include,
but are not necessarily limited to, support for new or existing
curbside recycling programs, neighborhood dropoff recycling programs,
public education-promoting beverage container recycling, litter
prevention, and cleanup, cooperative regional efforts among two or
more cities or counties, or both, or other beverage container
recycling programs.
(C) These funds may not be used for activities unrelated to
beverage container recycling or litter reduction.
(D) To receive these funds, a city, county, or city and county
shall fill out and return a funding request form to the Department of
Conservation. The form shall specify the beverage container
recycling or litter reduction activities for which the funds will be
used.
(E) The Department of Conservation shall annually prepare and
distribute a funding request form to each city, county, or city and
county. The form shall specify the amount of beverage container
recycling and litter cleanup funds for which the jurisdiction is
eligible. The form shall not exceed one double-sided page in length,
and may be submitted electronically. If a city, county, or city and
county does not return the funding request form within 90 days of
receipt of the form from the department, the city, county, or city
and county is not eligible to receive the funds for that funding
cycle.
(F) (i) For the purposes of this paragraph,
per capita population shall be based on the population of the
incorporated area of a city or city and county and the unincorporated
area of a county. The department may withhold payment to any city,
county, or city and county that has prohibited the siting of a
supermarket site, caused a supermarket site to close its business, or
adopted a land use policy that restricts or prohibits the siting of
a supermarket site within its jurisdiction.
(ii) The department may withhold all or a portion of the payment
to any city, county, or city and county that has prohibited the
siting of a supermarket site, caused a supermarket site to close its
business, or adopted a land use policy that restricts or prohibits
the siting of a supermarket site within its jurisdiction, resulting
in an unserved zone.
(6)
(5) One million five hundred thousand dollars
($1,500,000) may be expended annually in the form of grants for
beverage container recycling and litter reduction programs. The
expenditure of these funds is suspended for the 2009- 10
fiscal year.
(7)
(6) (A) The department shall expend the amount
necessary to pay the processing payment and supplemental
processing payment established pursuant to Sections 14575 and 14575.5
and pay processing fee rebates pursuant to Section 14575.2
established pursuant to Section 14575 . The department
shall establish separate processing fee accounts in the fund for each
beverage container material type for which a processing payment and
processing fee are calculated pursuant to Section 14575, or for which
a processing payment is calculated pursuant to Section 14575 and a
voluntary artificial scrap value is calculated pursuant to Section
14575.1, into which account shall be deposited all of the following:
(i) All amounts paid as processing fees for each beverage
container material type pursuant to subdivisions (d) and (e) of
Section 14575.
(ii) Funds equal to the difference between the amount in clause
(i) and the amount of the processing payments established in
subdivision (b) of Section 14575, and adjusted pursuant to paragraph
(2) of subdivision (c) of, and subdivision (f) of, Section 14575, to
reduce the processing fee to the level provided in subdivision (f) of
Section 14575, or to reflect the agreement by a willing purchaser to
pay a voluntary artificial scrap value pursuant to Section 14575.1.
(iii) Funds equal to an amount sufficient to pay the total amount
of the supplemental processing payments established pursuant to
Section 14575.5.
(ii) Funds equal to the difference between the amount in clause
(i) and the amount needed to make processing payments pursuant to
subdivision (b) of Section 14575.
(B) Notwithstanding Section 13340 of the Government Code, the
moneys in each processing fee account are hereby continuously
appropriated to the department for expenditure without regard to
fiscal years, for purposes of making processing payments and
supplemental processing payments, and reducing processing
fees, pursuant to Sections Section
14575 and 14575.5, and paying processing fee rebates
pursuant to Section 14575.2 .
(8)
(7) Up to five million dollars ($5,000,000) may be
annually expended by the department for the purposes of undertaking a
statewide public education and information campaign aimed at
promoting increased recycling of beverage containers. The
expenditure of these funds is suspended for the 2009- 10
fiscal year.
(9) Until January 1, 2008, the department may expend up to five
million dollars ($5,000,000) for the purposes of undertaking a
statewide public education and information campaign aimed at
promoting increased recycling of beverage containers that meets both
of the following requirements:
(A) The public education and information campaign is multimedia
and includes print, radio, and television.
(B) The public education and information campaign is multilingual.
(10)
(8) Up to fifteen million dollars
($15,000,000) nine million dollars ($9,000,000)
may be expended annually by the department for quality incentive
payments for empty glass beverage containers only
pursuant to Section 14549.1.
(11)
(9) Up to twenty million dollars ($20,000,000)
seventeen million dollars ($17,000,000) may be
expended annually by the department, until January 1, 2012, to issue
grants for recycling market development and expansion-related
activities aimed at increasing the recycling of beverage containers,
including, but not limited to, the following:
(A) Research and development of collecting, sorting, processing,
cleaning, or otherwise upgrading the market value of recycled
beverage containers.
(B) Identification, development, and expansion of markets for
recycled beverage containers.
(C) Research and development for products manufactured using
recycled beverage containers.
(D) Research and development to provide high-quality materials
that are substantially free of contamination.
(E) Payments to California manufacturers who recycle beverage
containers that are marked by resin type identification code "3," "4,"
"5," "6," or "7," pursuant to Section 18015.
(12) Up to ten million dollars ($10,000,000) may be transferred on
a one-time basis by the department to the Recycling Infrastructure
Loan Guarantee Account, for expenditure pursuant to Section 14582.
(13)
(F) Upgrading or retrofitting of existing facilities that process
or use postconsumer beverage container material, to increase the
amount of postconsumer beverage container material being used or to
meet or exceed standards set in state environmental laws,
regulations, and policies.
(G) Construction of new facilities that process or use
postconsumer beverage container material, including, but not limited
to, aseptic beverage container materials, and that will meet or
exceed standards set in state environmental laws, regulations, and
policies.
(H) Payments to manufacturers located in this state that utilize
material from the types of recycled beverage containers that are
generated in this state and that were not subject to this division
before January 1, 2010, but that became subject to this division on
and after January 1, 2010.
(10) Up to ten million dollars ($10,000,000) may be
expended annually by the department for the payment of recycling
incentive payments pursuant to Section 14549.7 until payments for
eligible beverage containers redeemed or collected for recycling on
or before December 31, 2009, have been paid.
(14)
(11) Up to five million dollars ($5,000,000)
eight million dollars ($8,000,000) may be
expended annually by the department for market development payments
for empty plastic beverage containers pursuant to Section 14549.2,
until January 1, 2012 2015 .
(15) Up to five million dollars ($5,000,000) may be expended, by
the department, on a one-time basis beginning on January 1, 2007, in
coordination with the Department of Parks and Recreation for the
purposes of installing source separated beverage container recycling
receptacles at each of the state parks, starting with those parks
that have the highest day use.
(16) Up to five million dollars ($5,000,000) may be expended, from
January 1, 2007, to January 1, 2008, to provide grants to local
governments or nonprofit agencies to place multifamily housing source
separated beverage container recycling receptacles in low-income
communities.
(17) (A) Up to fifteen million dollars ($15,000,000) may be
expended from January 1, 2008, to January 1, 2009, to provide grants
to place source separated beverage container recycling receptacles in
multifamily housing.
(B) Notwithstanding subdivision (b) of Section 14580, the amount
of one hundred ninety-eight thousand dollars ($198,000) may be
expended by the department from the fund, on a one-time basis, for
the administrative costs of implementing the grant program
established by subparagraph (A).
(18) (A) Up to twenty million dollars ($20,000,000) may be
expended from July 1, 2009, to January 1, 2012, inclusive, for either
of the following:
(i) Grants for beverage container recycling and litter reduction
programs that emphasize the greatest and most effective collection
of beverage containers per dollar spent to ensure the program's
performance and accountability.
(ii) Focused, regional community beverage container recycling and
litter reduction programs that enable the department to more
effectively organize the amount and type of resources needed for
regional and statewide efforts to increase recycling.
(B) The department shall require, as a condition of receiving
grant funds pursuant to subparagraph (A), each grant recipient to
submit a final report including, but not limited to, the grant
recipient's reported volumes of beverage containers recycled, where
applicable.
(C) On or before July 1, 2014, the department shall publish an
evaluation of all grants made pursuant to paragraph (A). At a
minimum, the evaluation shall summarize each final report submitted
by each grantee pursuant to subparagraph (B) and assess whether the
grantee adequately met the scope and objectives outlined in the grant
agreement.
(b) The fifteen million dollars ($15,000,000)
amount that is set aside pursuant to paragraph (3) of
subdivision (a) is a base amount that the department shall adjust
annually to reflect any increases or decreases in the cost of living,
as measured by the Department of Labor, or a successor agency, of
the federal government.
(c) (1) The department shall review all funds on a quarterly basis
to ensure that there are adequate funds to make the payments
specified in this section and the processing fee reductions required
pursuant to Section 14575.
(2) If the department determines, pursuant to a review made
pursuant to paragraph (1), that there may be inadequate funds to pay
the payments required by this section and the processing fee
reductions required pursuant to Section 14575, the department shall
immediately notify the appropriate policy and fiscal committees of
the Legislature regarding the inadequacy.
(3) On or before 180 days after the notice is sent pursuant to
paragraph (2), the department may reduce or eliminate expenditures,
or both, from the funds as necessary, according to the procedure set
forth in subdivision (d).
(d) If the department determines that there are insufficient funds
to make the payments specified pursuant to this section and Section
14575, the department shall reduce all payments proportionally.
(e) Prior to making an expenditure pursuant to paragraph
(7) (6) of subdivision (a), the department shall
convene an advisory committee consisting of representatives of the
beverage industry, beverage container manufacturers, environmental
organizations, the recycling industry, nonprofit organizations, and
retailers to advise the department on the most cost-effective and
efficient method of the expenditure of the funds for that education
and information campaign.
(f) After setting aside money for the expenditures required
pursuant to subdivisions (a) and (b) and Section 14580, the
department may, on and after January 1, 2007, but not after July 1,
2007, expend remaining moneys in the fund to pay a refund value in an
amount greater than the refund value established pursuant to
subdivision (b) of Section 14560.
(f) (1) Notwithstanding any other provision of law, the
expenditures pursuant to this section shall apply retroactively to
July 1, 2009.
(2) Notwithstanding any other provision of law, for any reduction
in expenditures specified in this section, made pursuant to
subdivision (d), on and after July 1, 2009, subject to the
availability of funds, the department shall provide retroactive full
funding, on or before July 1, 2010.
(3) Notwithstanding any other provision of law, for any reduction
in expenditures made pursuant to subdivision (d), on and after July
1, 2009, that resulted in a reduction in the amount of funds
available to make processing payments, pursuant to paragraph (6) of
subdivision (a), and an increase in processing fees pursuant to
Section 14575, subject to the availability of funds, the department
shall credit beverage manufacturers for any overpayment of processing
fees.
SEC. 16. Section 14585 of the Public
Resources Code is amended to read:
14585. (a) The department shall adopt guidelines and methods for
paying handling fees to supermarket sites, nonprofit convenience zone
recyclers, or rural region recyclers to provide an incentive for the
redemption of empty beverage containers in convenience zones. The
guidelines shall include, but not be limited to, all of the
following:
(1) Handling fees shall be paid on a monthly basis, in the form
and manner adopted by the department. The department shall require
that claims for the handling fee be filed with the department not
later than the first day of the second month following the month for
which the handling fee is claimed as a condition of receiving any
handling fee.
(2) (A) To be eligible for any handling fee, a supermarket site
recycling center, nonprofit convenience zone recycler, or rural
region recycler shall redeem not less than 60,000 beverage
containers, during the calendar month in which the handling fee is
claimed or have redeemed not less than an average of 60,000 beverage
containers per month during the previous 12 months.
(B) Subparagraph (A) shall not apply on and after July 1, 2008.
(3) (A) A beverage container with a capacity of 24
20 fluid ounces or more shall be considered as
two beverage containers for purposes of determining the eligibility
percentage, any handling fee calculations, and payments.
(B) Subparagraph (A) shall not apply on and after July 1,
2008 2012 .
(4) The department shall determine the number of eligible
containers per site for which a handling fee will be paid in the
following manner:
(A) Each eligible site's combined monthly volume of glass and
plastic beverage containers shall be divided by the site's total
monthly volume of all empty beverage container types.
(B) If the quotient determined pursuant to subparagraph (A) is
equal to, or more than, 10 percent, the total monthly volume of the
site shall be the maximum volume which is eligible for a handling fee
for that month.
(C) If the quotient determined pursuant to subparagraph (A) is
less than 10 percent, the department shall divide the volume of glass
and plastic beverage containers by 10 percent. That quotient shall
be the maximum volume that is eligible for a handling fee for that
month.
(5) (A) From the effective date of the statute enacted by Assembly
Bill 3056 of the 2005-06 Regular Session to June 30, 2008,
inclusive, the department shall pay a handling fee of 1.8 cents
($0.018) per eligible beverage container, as determined pursuant to
paragraph (4).
(B) On and after July 1, 2008, the department shall pay a handling
fee per eligible container in the amount determined pursuant to
subdivision (f).
(6) (A) Notwithstanding paragraph (5), the total handling fee
payment to a supermarket site, nonprofit convenience zone recycler,
or rural region recycler shall not exceed two thousand three hundred
dollars ($2,300) per month.
(B) Subparagraph (A) shall not apply on and after July 1, 2008.
(7) If the eligible volume in any given month would result in
handling fee payments that exceed the allocation of funds for that
month, as provided in subdivision (b), sites with higher eligible
monthly volumes shall receive handling fees for their entire eligible
monthly volume before sites with lower eligible monthly volumes
receive any handling fees.
(8) (A) If a dealer where a supermarket site, nonprofit
convenience zone recycler, or rural region recycler is located ceases
operation for remodeling or for a change of ownership, the operator
of that supermarket site nonprofit convenience zone recycler, or
rural region recycler shall be eligible to apply for handling fees
for that site for a period of three months following the date of the
closure of the dealer.
(B) Every supermarket site operator, nonprofit convenience zone
recycler, or rural region recycler shall promptly notify the
department of the closure of the dealer where the supermarket site,
nonprofit convenience zone recycler, or rural region recycler is
located.
(C) Notwithstanding subparagraph (A), any operator who fails to
provide notification to the department pursuant to subparagraph (B)
shall not be eligible to apply for handling fees.
(b) The department may allocate the amount authorized for
expenditure for the payment of handling fees pursuant to paragraph
(1) of subdivision (a) of Section 14581 on a monthly basis and may
carry over any unexpended monthly allocation to a subsequent month or
months. However, unexpended monthly allocations shall not be carried
over to a subsequent fiscal year for the purpose of paying handling
fees but may be carried over for any other purpose pursuant to
Section 14581.
(c) (1) The department shall not make handling fee payments to
more than one certified recycling center in a convenience zone. If a
dealer is located in more than one convenience zone, the department
shall offer a single handling fee payment to a supermarket site
located at that dealer. This handling fee payment shall not be split
between the affected zones. The department shall stop making handling
fee payments if another recycling center certifies to operate within
the convenience zone without receiving payments pursuant to this
section, if the department monitors the performance of the other
recycling center for 60 days and determines that the recycling center
is in compliance with this division. Any recycling center that
locates in a convenience zone, thereby causing a preexisting
recycling center to become ineligible to receive handling fee
payments, is ineligible to receive any handling fee payments in that
convenience zone.
(2) The department shall offer a single handling fee payment to a
rural region recycler located anywhere inside a convenience zone, if
that convenience zone is not served by another certified recycling
center and the rural region recycler does either of the following:
(A) Operates a minimum of 30 hours per week in one convenience
zone.
(B) Serves two or more convenience zones, and meets all of the
following criteria:
(i) Is the only certified recycler within each convenience zone.
(ii) Is open and operating at least eight hours per week in each
convenience zone and is certified at each location.
(iii) Operates at least 30 hours per week in total for all
convenience zones served.
(d) The department may require the operator of a supermarket site
or rural region recycler receiving handling fees to maintain records
for each location where beverage containers are redeemed, and may
require the supermarket site or rural region recycler to take any
other action necessary for the department to determine that the
supermarket site or rural region recycler does not receive an
excessive handling fee.
(e) The department may determine and utilize a standard container
per pound rate, for each material type, for the purpose of
calculating volumes and making handling fee payments.
(f) (1) On or before January 1, 2008, and every two years
thereafter, the department shall conduct a survey pursuant to this
subdivision of a statistically significant sample of certified
recycling centers that receive handling fee payments to determine the
actual cost incurred for the redemption of empty beverage containers
by those certified recycling centers. The department shall conduct
these cost surveys in conjunction with the cost surveys performed by
the department pursuant to subdivision (b) of Section 14575 to
determine processing payments and processing fees. The department
shall include, in determining the actual costs, only those allowable
costs contained in the regulations adopted pursuant to this division
that are used by the department to conduct cost surveys pursuant to
subdivision (b) of Section 14575.
(2) Using the information obtained pursuant to paragraph (1), the
department shall then determine the statewide weighted average cost
incurred for the redemption of empty beverage containers, per empty
beverage container, at recycling centers that receive handling fees.
(3) On and after July 1, 2008, the department shall determine the
amount of the handling fee to be paid for each empty beverage
container by subtracting the amount of the statewide weighted average
cost per container to redeem empty beverage containers by recycling
centers that do not receive handling fees from the amount of the
statewide weighted average cost per container determined pursuant to
paragraph (2).
(4) The department shall adjust the statewide average cost
determined pursuant to paragraph (2) for each beverage container
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.
(5) The cost information collected pursuant to this section at
recycling centers that receive handling fees shall not be used in the
calculation of the processing payments determined pursuant to
Section 14575.
SEC. 17. Section 43021 of the Public
Resources Code is amended to read:
43021. (a) Regulations shall include
standards for the design, operation, maintenance, and ultimate reuse
of solid waste facilities, but shall not include aspects of solid
waste handling or disposal which are solely of local concern or which
are within the jurisdiction of the State Air Resources Board, air
pollution control districts and air quality management districts, or
the state water board or regional water boards.
(b) The regulations shall not include any requirements for
processors or recyclers, as defined in Sections 14518 and 14519.5,
where the amount of outgoing solid waste is 15 percent or less of the
total amount of incoming material received by weight calculated on a
monthly basis after reasonable adjustment for the weight of
moisture, and the amount of putrescible wastes in the outgoing solid
waste is 3 percent or less of the amount of incoming material
received by weight calculated on a monthly basis.
SEC. 18. For the 2009-10 fiscal year, twenty
million dollars ($20,000,000) shall revert to the Department of
Conservation from grants made pursuant to Section 14581 of the Public
Resources Code in the 2008-09 fiscal year or before that have not
been encumbered, expended, or liquidated. The department shall expend
the twenty million dollars ($20,000,000) reverted to the department
by this section during the 2009-10 fiscal year for the purposes of
Section 14581 of the Public Resources Code.
SEC. 19. 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.
SECTION 1. Section 14574 of the Public
Resources Code is amended to read:
14574. (a) (1) A distributor of beverage containers shall pay to
the department the redemption payment for every beverage container,
other than a refillable beverage container, sold or transferred to a
dealer, less 1.5 percent for the distributor's administrative costs.
(2) (A) Except as required pursuant to subparagraph (B), the
payment made by a distributor shall be made not later than the last
day of the second month following the sale. The distributor shall
make the payment in the form and manner that the department
prescribes.
(B) (i) Payment for sales for the month of July 2009 shall be made
not later than October 20, 2009.
(ii) Payment for sales for the month of August 2009 shall be made
not later than November 10, 2009.
(iii) Payment for sales for the month of September 2009 shall be
made not later than December 1, 2009.
(b) (1) Notwithstanding subdivision (a), if a distributor 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 distributor may make a single annual payment of
redemption payments, if the distributor meets either of the following
requirements:
(A) If the redemption payment and refund value is not increased
pursuant to paragraph (3) of subdivision (a) of Section 14560, the
distributor's projected redemption payment for a calendar year totals
less than fifty thousand dollars ($50,000).
(B) If the redemption payment and refund value is increased
pursuant to paragraph (3) of subdivision (a) of Section 14560, the
distributor's projected redemption payment for a calendar year totals
less than seventy-five thousand dollars ($75,000).
(2) An annual redemption payment made pursuant to this subdivision
is due and payable on or before February 1 for every beverage
container sold or transferred by the distributor to a dealer in the
previous calendar year.
(3) A distributor shall notify the department of its intent to
make an annual redemption payment pursuant to this subdivision on or
before January 31 of the calendar year for which the payment will be
due.
(4) A distributor may withhold payment of redemption payments
until the next payment period when the distributor has not received
payment for beverage containers on which redemption payments are owed
pursuant to this division.
(c) This section shall remain in effect only until June 30, 2010,
and as of that date is repealed, unless a later enacted statute, that
is enacted before June 30, 2010, deletes or extends that date.
SEC. 2. Section 14574 is added to the Public
Resources Code, to read:
14574. (a) (1) A distributor of beverage containers shall pay to
the department the redemption payment for every beverage container,
other than a refillable beverage container, sold or transferred to a
dealer, less 1.5 percent for the distributor's administrative costs.
(2) The payment made by a distributor shall be made not later than
the last day of the third month following the sale. The distributor
shall make the payment in the form and manner that the department
prescribes.
(b) (1) Notwithstanding subdivision (a), if a distributor 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 distributor may make a single annual payment of
redemption payments, if the distributor meets either of the following
requirements:
(A) If the redemption payment and refund value is not increased
pursuant to paragraph (3) of subdivision (a) of Section 14560, the
distributor's projected redemption payment for a calendar year totals
less than fifty thousand dollars ($50,000).
(B) If the redemption payment and refund value is increased
pursuant to paragraph (3) of subdivision (a) of Section 14560, the
distributor's projected redemption payment for a calendar year totals
less than seventy-five thousand dollars ($75,000).
(2) An annual redemption payment made pursuant to this subdivision
is due and payable on or before February 1 for every beverage
container sold or transferred by the distributor to a dealer in the
previous calendar year.
(3) A distributor shall notify the department of its intent to
make an annual redemption payment pursuant to this subdivision on or
before January 31 of the calendar year for which the payment will be
due.
(4) A distributor may withhold payment of redemption payments when
the distributor has not received payment for beverage containers on
which redemption payments are owed pursuant to this division until
the next payment period.
(5) This section shall become operative on July 1, 2010.
SEC. 3. This act is an urgency statute
necessary for the immediate preservation of the public peace, health,
or safety within the meaning of Article IV of the Constitution and
shall go into immediate effect. The facts constituting the necessity
are:
In order to keep the California Beverage Container Recycling Fund
from becoming insolvent, it is necessary for this act to take effect
immediately.
