Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 1108

Introduced by Assembly Member Low

February 27, 2015

An act to amend Section begin delete 26227 end delete begin insert 14572 end insert of the Public Resources Code, relating to begin delete clean energy. end delete begin insert beverage containers. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 1108, as amended, Low. begin delete Clean energy: financial assistance. end delete begin insert Beverage Containers: recycling. end insert

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(1) The California Beverage Container Recycling and Litter Reduction Act requires certified recycling centers, when accepting an empty beverage container from a consumer, to pay the refund value. A violation of the act is a crime.

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This bill would prohibit a certified recycling center from accepting or paying the refund value to a consumer for more than 50 pounds of aluminum beverage containers or plastic beverage containers, or any combination thereof, or 500 pounds of glass beverage containers, submitted by that consumer to the certified recycling center in a single 24-hour period. Since a violation of this requirement would be a crime, the bill would impose a state-mandated local program.

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(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

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This bill would provide that no reimbursement is required by this act for a specified reason.

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The California Clean Energy Jobs Act, an initiative approved by the voters as Proposition 39 at the November 6, 2012, statewide general election, made changes to corporate income taxes and, except as specified, provides for the transfer of $550,000,000 annually from the General Fund to the Clean Energy Job Creation Fund for 5 fiscal years beginning with the 2013-14 fiscal year. Moneys in the Clean Energy Job Creation Fund are available, upon appropriation by the Legislature, for purposes of funding eligible projects that create jobs in California and improve energy efficiency and expand clean energy generation. Existing law provides for the allocation of available funds to public school facilities, university and college facilities, and other public buildings and facilities, as well as job training and workforce development and public-private partnerships for eligible projects, as specified. Existing law establishes prescribed criteria that apply to all expenditures from the Clean Energy Job Creation Fund.

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This bill would make technical, nonsubstantive changes to a provision within the act that transfers and allocates moneys from the Clean Energy Job Creation Fund.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

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

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begin insert SECTION 1. end insert   

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begin insert Section 14572 of the end insert begin insert Public Resources Code end insert begin insert is
amended to read: end insert

14572.  

(a) (1) Except as provided in begin delete subdivision (b), end delete
begin insert subdivisions (b) and (e), end insert a certified recycling center shall accept
from any consumer or dropoff or collection program any empty
beverage container, and shall pay to the consumer or dropoff or
collection program the refund value of the beverage container.

(2) Except as provided in paragraph (3), the recycling center
may pay the refund value based on the weight of returned
containers.

(3) On and after September 1, 2013, for beverage containers
redeemed by consumers, a certified recycling center shall pay the
refund value using the applicable segregated rate, as defined in
paragraph (43) of subsection (a) of Section 2000 of Title 14 of the
California Code of Regulations, as that section read on September
1, 2013, which shall be based on the weight of the redeemed
beverage containers.

(b) Any recycling center or processor that was in existence on
January 1, 1986, and that refused, as of January 1, 1986, to accept
at a particular location a certain type of empty beverage container
may continue to refuse to accept at the location the type or types
of empty beverage containers that the recycling center or processor
refused to accept as of January 1, 1986. A certified recycling center
that refuses, pursuant to this subdivision, to accept a certain type
or types of empty beverage containers is not eligible to receive
handling fees unless the center agrees to accept all types of empty
beverage containers and is a supermarket site. This subdivision
does not preclude the certified recycling center from receiving a
handling fee for beverage containers redeemed at supermarket
sites that do accept all types of containers.

(c) The department shall develop procedures by which recycling
centers and processors that meet the criteria of subdivision (b) may
recertify to change the material types accepted.

(d) (1) Only a certified recycling center may pay the refund
value to consumers or dropoff or collection programs. A person
shall not pay a noncertified recycler for empty beverage containers
an amount that exceeds the current scrap value for each container
type, which shall be determined in the following manner:

(A) For a plastic or glass beverage container, the current scrap
value shall be determined by the department.

(B) For an aluminum beverage container, the current scrap value
shall be not greater than the amount paid to the processor for that
aluminum beverage container, on the date the container was
purchased, by the location of end use, as defined in the regulations
of the department.

(2) A person shall not receive or retain, for empty beverage
containers that come from out of state, any refund values,
processing payments, or administrative fees for which a claim is
made to the department against the fund.

(3) Paragraph (1) does not affect curbside programs under
contract with cities or counties.

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(e) A certified recycling center shall not accept or pay a refund
value to a consumer for more than 50 pounds of aluminum
beverage containers or plastic beverage containers, or any
combination thereof, or 500 pounds of glass beverage containers,
submitted by that consumer to the certified recycling center during
a single 24-hour period.

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begin insert

begin insert SEC. 2. end insert   

end insert begin insert

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.

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SECTION 1.  

Section 26227 of the Public Resources Code is
amended to read:

26227.  

(a) (1) For the 2013-14 fiscal year, twenty-eight
million dollars ($28,000,000) shall be transferred from the Job
Creation Fund to the Education Subaccount, which is hereby
created in the State Energy Conservation Assistance Account
created pursuant to Section 25416. The moneys in the Education
Subaccount are appropriated to the Energy Commission for the
purpose of low-interest and no-interest revolving loans and loan
loss reserves for eligible projects and technical assistance.

(2) For the 2013-14 fiscal year, funds in the Education
Subaccount shall be available for local educational agencies and
community college districts. If a local educational agency or
community college district has an eligible project, the amount of
the funding resources gap that is to be considered a reasonable
loan value from the Education Subaccount is the project cost less
the amount of any grant awarded pursuant to Section 26233 and
less any state, federal, or local incentives. A local educational
agency or community college district may need to meet additional
credit or other financial qualifying criteria applicable pursuant to
the Energy Conservation Assistance Act of 1979 (Chapter 5.2
(commencing with Section 25410) of Division 15). The Energy
Commission shall facilitate a local educational agency or
community college district’s participation in both the Job Creation
Fund and Energy Conservation Assistance Account programs
through coordinated information, documentation, and review
processes regarding the project and the borrowing entity.

(b) For the 2014-15 through 2017-18 fiscal years, inclusive,
the amount transferred from the Job Creation Fund to the Energy
Conservation Assistance Account shall be determined in the annual
budget.

(c) Funds remaining in the Education Subaccount after the
2017-18 fiscal year shall continue to be available in future years
for loans to local educational agencies and community college
districts pursuant to this section.

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