Bill Text: CA SB452 | 2017-2018 | Regular Session | Amended
Bill Title: The California Beverage Container Recycling and Litter Reduction Act.
Spectrum: Moderate Partisan Bill (Democrat 7-2)
Status: (Vetoed) 2018-09-30 - In Senate. Consideration of Governor's veto pending. [SB452 Detail]
Download: California-2017-SB452-Amended.html
Amended
IN
Assembly
July 02, 2018 |
Amended
IN
Assembly
April 24, 2018 |
Amended
IN
Assembly
April 09, 2018 |
Senate Bill | No. 452 |
Introduced by Senator Glazer (Principal coauthors: Assembly Members Gloria and Kalra) (Coauthors: Assembly Members Baker and Cunningham) |
February 15, 2017 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: 2/3 Appropriation: YES Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
“Direct redemption opportunity” means a recycling opportunity that meets both of the following conditions:
(a)Provides reasonable availability for a consumer to redeem empty beverage containers and directly receive the redemption value for those containers.
(b)Provides sufficient overall redemption opportunities in the state whereby, in conjunction with other collection opportunities, not less than 80 percent of beverage containers sold in the state can be consistently and sustainably recycled.
SEC. 2.SECTION 1.
Section 14536 of the Public Resources Code is amended to read:14536.
(a) Except as provided in subdivision (b), the director shall adopt, amend, or repeal all rules and regulations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.SEC. 3.SEC. 2.
Section 14549.2 is added to the Public Resources Code, to read:14549.2.
(a) For purposes of this section, the following definitions shall apply:(2)
SEC. 4.SEC. 3.
Section 14571.6 of the Public Resources Code is amended to read:14571.6.
(a) Except as provided in Section 14572.3, in any convenience zone where no recycling location has been established that satisfies the requirements of Section 14571, and in any convenience zone that has exceeded the 60-day period for the establishment of a recycling center pursuant to Section 14571.7, all dealers within that zone shall, until a recycling location has been established in that zone, do one of the following:(a)It is the intent of the Legislature that the requirements and incentive payments of the act do all of the following:
(1)Provide residents of every community with direct redemption opportunities.
(2)Provide sufficient overall redemption opportunities in the state whereby, in conjunction with other collection opportunities, not less than 80 percent of beverage containers sold in the state can be consistently and sustainably recycled.
(3)Provide a marketplace and even playing field whereby the businesses that operate facilities that collect empty beverage containers for recycling are as sustainable and
profitable, and the workers as fairly compensated, as the businesses and workers that produce and distribute the beverages for consumption.
(b)On or before January 1, 2021, the department shall evaluate and recommend to the Legislature policies, incentives, and standards for ensuring the establishment and maintenance of a network of cost-effective direct redemption opportunities in every community sufficient to support the recycling of not less than 80 percent of beverage containers sold in the state.
(c)When developing recommendations for direct redemption opportunities, the department shall consider all of the following factors:
(1)Population density.
(2)Distance between population centers and the recycler or other operation that redeems empty
beverage containers.
(3)Total population of the community.
(4)Rural and nonrural areas.
(5)Alternative certified redemption opportunities.
(6)Best practices identified in a department-sponsored convenience study.
(7)The role of dealers, including supermarkets, in providing direct redemption opportunities.
(8)Enforcement mechanisms for ensuring direct redemption opportunities.
(9)The role of local governments to support direct redemption opportunities.
(10)The process for providing
exemptions to the direct redemption opportunity standards.
(11)The role of the state in supporting direct redemption opportunities and the structure and amount of any payments.
(12)Any other factors that the department deems appropriate.
(d)The department shall conduct at least two stakeholder meetings to determine the factors to be considered when developing recommendations for direct redemption opportunities.
SEC. 6.SEC. 4.
Section 14571.8 of the Public Resources Code is amended to read:14571.8.
(a) A lease entered into by a dealer after January 1, 1987, shall not contain a leasehold restriction that prohibits or results in the prohibition of the establishment of a recycling location.SEC. 7.SEC. 5.
Section 14572.3 is added to the Public Resources Code, to read:14572.3.
(a) A dealer described in subdivision (c) and who is located in a convenience zone described in subdivision (b) shall be exempt from the dealer requirements of Section(a)It is the intent of the Legislature to maximize the recovery, redemption, and recycling of empty beverage containers generated in this state, including any empty beverage containers that have been deposited by consumers in curbside programs with the expectation that those containers will be recycled and the redemption value and any processing payment allocated to helping to offset the cost of operating those programs.
(b)No provision of this division, and no regulation adopted or enforced by the department to carry out this division, shall prevent the department from encouraging, supporting, or certifying entities established to recover, recycle, and redeem empty beverage containers from the curbside stream, including certifying entities
that recover, sort, cancel, and claim the refund value and processing payments on any empty beverage containers recovered from the residual generated by a curbside recycling program or material recovery facility.
(c)No provision of this division, and no regulation adopted or enforced by the department to carry out this division, shall prevent the department from certifying a processor to recover, sort, cancel, and claim the refund value and processing payments on any empty beverage containers recovered from the residual generated by a curbside recycling program or material recovery facility.
SEC. 9.SEC. 6.
Section 14575.2 is added to the Public Resources Code, to read:14575.2.
(a) (1) Notwithstanding Section 14575, for purposes of calculating processing payments, the department shall use the actual costs of recycling that were in effect on December 30, 2015.(3)Consistent with Section 2975 of Title 14 of the California Code of Regulations, the department shall adjust the recycling costs described in paragraph (1) to reflect the fixed reasonable financial returns for urban and rural recycling centers designated for the 2018 processing payment.
SEC. 10.SEC. 7.
Section 14581 of the Public Resources Code is amended to read:14581.
(a) Subject to the availability of funds and in accordance with subdivision (b), the department shall expend the moneys set aside in the fund, pursuant to subdivision (c) of Section 14580, for the purposes of this section in the following manner:(8)Up to ten million dollars ($10,000,000), less any amount appropriated in the annual Budget Act, may be expended annually by the department for market development payments for empty plastic beverage containers pursuant to Section 14549.2, until January 1, 2024.
(e)Subject to the availability of funds, the department shall retroactively pay in full any payments provided in this section that have been proportionally reduced during the period of January 1, 2010, through June 30, 2010.
SEC. 11.SEC. 8.
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:(h)