Bill Text: CA SB458 | 2017-2018 | Regular Session | Introduced

California Senate Bill 458 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Beverage container recycling: pilot projects.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2017-10-10 - Chaptered by Secretary of State. Chapter 648, Statutes of 2017. [SB458 Detail]

Download: California-2017-SB458-Introduced.html

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill

No. 458

Introduced by Senator Wiener

February 16, 2017

An act to add Section 14571.45 to the Public Resources Code, relating to recycling, and declaring the urgency thereof, to take effect immediately.

LEGISLATIVE COUNSEL'S DIGEST

SB 458, as introduced, Wiener. Beverage container recycling: San Francisco Mobile Recycling Program.

Existing law, the California Beverage Container Recycling and Litter Reduction Act, requires a distributor to pay a redemption payment for every beverage container sold or offered for sale in the state. The act requires the Department of Resources Recycling and Recovery to annually designate convenience zones, as defined, statewide and requires at least one certified recycling center or location within every convenience zone that accepts all types of empty beverage containers and pays the refund value, if any, at one location, and that is open for business 30 hours per week. The act authorizes the department to certify one operator that meets specified qualifications to establish the Pacific Beach Mobile Recycling Program, incorporating all convenience zones in the Pacific Beach area of San Diego County, as defined. Existing law specifies requirements for the recycling center operator and the dealers within the program area.

This bill would authorize the department to certify one operator to establish the San Francisco Mobile Recycling Program that incorporates all convenience zones in the City and County of San Francisco and would impose similar program requirements.

This bill would make legislative findings and declarations as to the necessity of a special statute for the City and County of San Francisco.

This bill would declare that it is to take effect immediately as an urgency statute.

Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: NO

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

SECTION 1.

Section 14571.45 is added to the Public Resources Code, to read:

14571.45.

(a) The department shall certify one operator to establish the San Francisco Mobile Recycling Program that incorporates all convenience zones in the City and County of San Francisco.

(b) Notwithstanding Sections 14570 and 14571, all convenience zones within the City and County of San Francisco shall be considered served if both of the following conditions are met:

(1) The recycling center operator meets all of the following conditions:

(A) The center is open for business at least once each week at a number of locations equal to the number of convenience zones in the City and County of San Francisco, as determined by the department annually.

(B) The center is open for business at least eight hours per day at each location.

(D) The center is certified by the department for operation in the number of locations equal to the number of convenience zones in the City and County of San Francisco, as determined by the department annually.

(2) All dealers within the City and County of San Francisco post and maintain a clear and conspicuous sign of at least 10 inches by 15 inches at each public entrance to the dealer’s place of business, indicating the location, hours, and day of operation for each recycling location within the City and County of San Francisco.

(c) A recycling center operator approved by the department that meets the conditions prescribed in subdivision (b) shall be designated a certified recycling center and shall be eligible to apply for handling fees pursuant to Section 14585 and to receive from processors the amounts specified in subdivision (a) of Section 14573.5 for refund values, administrative costs, and processing payments.

SEC. 2.

The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of San Francisco’s unique urban setting and leading source reduction, recycling, and composting programs to reduce disposal and to reuse waste materials.

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 California Constitution and shall go into immediate effect. The facts constituting the necessity are:

In order to ensure that convenient recycling opportunities are available in the City and County of San Francisco, it is necessary that this act take effect immediately.