| 1 | 1 | | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 2562Introduced by Assembly Member HoldenFebruary 19, 2020An act to amend Section 14571.6 of the Public Resources Code, relating to recycling.LEGISLATIVE COUNSEL'S DIGESTAB 2562, as introduced, Holden. California Beverage Container Recycling and Litter Reduction Act: empty beverage container redemption.The California Beverage Container Recycling and Litter Reduction Act requires dealers within a convenience zone where no recycling location has been established, or within a convenience zone that is unserved for 60 days and not exempt from convenience zone requirements, to alternatively (1) submit an affidavit to the Department of Resources Recycling and Recovery stating that the dealer has met specified standards for empty beverage container redemption or (2) pay $100 per day to the department, for deposit in the continuously appropriated California Beverage Container Recycling Fund, until a recycling location is established or until the dealer meets the standards for redemption specified in the affidavit provisions. Existing law creates the Penalty Account in the fund and requires all civil penalties and fines collected by the department pursuant to the act to be deposited in that account. Existing law makes funds in the account available to the department, upon appropriation by the Legislature, for purposes of the act.A violation of the act or a regulation adopted pursuant to the act is a crime.This bill would revise that alternative requirement to instead require those dealers to submit that affidavit to the department unconditionally. The bill would make a dealer who does not submit that affidavit liable for a civil penalty of an unspecified amount per day that is greater than $100. To the extent that these provisions expand the scope of existing crimes relating to beverage containers, the bill would impose a state-mandated local program. The bill would also repeal an obsolete provision.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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 14571.6 of the Public Resources Code is amended to read:14571.6. (a) In any convenience zone where no recycling location has been established which that satisfies the requirements of Section 14571, and in any convenience zone which 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)Submit submit to the department an affidavit form provided by the department stating that all of the following standards are being met by the dealer:(1) The dealer redeems all empty beverage container types at all open cash registers or one designated location on the dealers premises, during all hours that the dealer is open for business.(2) The dealer has posted signs which that meet the size and location requirements specified in subdivision (b) of Section 14570, and which that conform to paragraph (2) of that subdivision.(3) The dealer is delivering, or having delivered, all empty beverage containers received from the public to a certified recycling center or processor for recycling.(b) Pay to the department for deposit in the fund the sum of one hundred dollars ($100) per day until A dealer subject to the requirements of subdivision (a) that does not comply with subdivision (a) is liable for a civil penalty, to be deposited into the Penalty Account, in the amount of ____ dollars ($____) per day, an amount greater than one hundred dollars ($100) per day, until a recycling location is established or until the standards for redemption specified in subdivision (a) are met.(c)(1)(A)A dealer located in an unserved convenience zone is exempt from the requirements of subdivisions (a) and (b) if a completed application for a recycling center located anywhere in the convenience zone is pending before the department and the dealer and the recycling center submit a letter to the department stating that the recycling center intends to serve that convenience zone.(B)The exemption specified in this paragraph no longer applies if the applicant recycling center withdraws the application or if the department denies the application. In either of these instances, the dealer in the convenience zone shall immediately comply with the requirements of subdivision (a) or (b) upon notification by the department.(2)Notwithstanding Section 14513.4, a recycling center described in paragraph (1) shall be eligible as an operator to receive handling fees for redeemed beverage containers once its application is approved.(3)This subdivision shall become inoperative on July 1, 2020.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. |
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| 3 | 3 | | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 2562Introduced by Assembly Member HoldenFebruary 19, 2020An act to amend Section 14571.6 of the Public Resources Code, relating to recycling.LEGISLATIVE COUNSEL'S DIGESTAB 2562, as introduced, Holden. California Beverage Container Recycling and Litter Reduction Act: empty beverage container redemption.The California Beverage Container Recycling and Litter Reduction Act requires dealers within a convenience zone where no recycling location has been established, or within a convenience zone that is unserved for 60 days and not exempt from convenience zone requirements, to alternatively (1) submit an affidavit to the Department of Resources Recycling and Recovery stating that the dealer has met specified standards for empty beverage container redemption or (2) pay $100 per day to the department, for deposit in the continuously appropriated California Beverage Container Recycling Fund, until a recycling location is established or until the dealer meets the standards for redemption specified in the affidavit provisions. Existing law creates the Penalty Account in the fund and requires all civil penalties and fines collected by the department pursuant to the act to be deposited in that account. Existing law makes funds in the account available to the department, upon appropriation by the Legislature, for purposes of the act.A violation of the act or a regulation adopted pursuant to the act is a crime.This bill would revise that alternative requirement to instead require those dealers to submit that affidavit to the department unconditionally. The bill would make a dealer who does not submit that affidavit liable for a civil penalty of an unspecified amount per day that is greater than $100. To the extent that these provisions expand the scope of existing crimes relating to beverage containers, the bill would impose a state-mandated local program. The bill would also repeal an obsolete provision.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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES |
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| 9 | 9 | | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION |
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| 11 | 11 | | Assembly Bill |
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| 12 | 12 | | |
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| 13 | 13 | | No. 2562 |
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| 15 | 15 | | Introduced by Assembly Member HoldenFebruary 19, 2020 |
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| 17 | 17 | | Introduced by Assembly Member Holden |
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| 18 | 18 | | February 19, 2020 |
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| 19 | 19 | | |
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| 20 | 20 | | An act to amend Section 14571.6 of the Public Resources Code, relating to recycling. |
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| 21 | 21 | | |
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| 22 | 22 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 23 | 23 | | |
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| 24 | 24 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 25 | 25 | | |
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| 26 | 26 | | AB 2562, as introduced, Holden. California Beverage Container Recycling and Litter Reduction Act: empty beverage container redemption. |
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| 27 | 27 | | |
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| 28 | 28 | | The California Beverage Container Recycling and Litter Reduction Act requires dealers within a convenience zone where no recycling location has been established, or within a convenience zone that is unserved for 60 days and not exempt from convenience zone requirements, to alternatively (1) submit an affidavit to the Department of Resources Recycling and Recovery stating that the dealer has met specified standards for empty beverage container redemption or (2) pay $100 per day to the department, for deposit in the continuously appropriated California Beverage Container Recycling Fund, until a recycling location is established or until the dealer meets the standards for redemption specified in the affidavit provisions. Existing law creates the Penalty Account in the fund and requires all civil penalties and fines collected by the department pursuant to the act to be deposited in that account. Existing law makes funds in the account available to the department, upon appropriation by the Legislature, for purposes of the act.A violation of the act or a regulation adopted pursuant to the act is a crime.This bill would revise that alternative requirement to instead require those dealers to submit that affidavit to the department unconditionally. The bill would make a dealer who does not submit that affidavit liable for a civil penalty of an unspecified amount per day that is greater than $100. To the extent that these provisions expand the scope of existing crimes relating to beverage containers, the bill would impose a state-mandated local program. The bill would also repeal an obsolete provision.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. |
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| 30 | 30 | | The California Beverage Container Recycling and Litter Reduction Act requires dealers within a convenience zone where no recycling location has been established, or within a convenience zone that is unserved for 60 days and not exempt from convenience zone requirements, to alternatively (1) submit an affidavit to the Department of Resources Recycling and Recovery stating that the dealer has met specified standards for empty beverage container redemption or (2) pay $100 per day to the department, for deposit in the continuously appropriated California Beverage Container Recycling Fund, until a recycling location is established or until the dealer meets the standards for redemption specified in the affidavit provisions. |
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| 32 | 32 | | Existing law creates the Penalty Account in the fund and requires all civil penalties and fines collected by the department pursuant to the act to be deposited in that account. Existing law makes funds in the account available to the department, upon appropriation by the Legislature, for purposes of the act. |
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| 33 | 33 | | |
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| 34 | 34 | | A violation of the act or a regulation adopted pursuant to the act is a crime. |
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| 35 | 35 | | |
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| 36 | 36 | | This bill would revise that alternative requirement to instead require those dealers to submit that affidavit to the department unconditionally. The bill would make a dealer who does not submit that affidavit liable for a civil penalty of an unspecified amount per day that is greater than $100. To the extent that these provisions expand the scope of existing crimes relating to beverage containers, the bill would impose a state-mandated local program. The bill would also repeal an obsolete provision. |
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| 37 | 37 | | |
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| 38 | 38 | | 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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| 39 | 39 | | |
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| 40 | 40 | | This bill would provide that no reimbursement is required by this act for a specified reason. |
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| 41 | 41 | | |
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| 42 | 42 | | ## Digest Key |
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| 43 | 43 | | |
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| 44 | 44 | | ## Bill Text |
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| 46 | 46 | | The people of the State of California do enact as follows:SECTION 1. Section 14571.6 of the Public Resources Code is amended to read:14571.6. (a) In any convenience zone where no recycling location has been established which that satisfies the requirements of Section 14571, and in any convenience zone which 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)Submit submit to the department an affidavit form provided by the department stating that all of the following standards are being met by the dealer:(1) The dealer redeems all empty beverage container types at all open cash registers or one designated location on the dealers premises, during all hours that the dealer is open for business.(2) The dealer has posted signs which that meet the size and location requirements specified in subdivision (b) of Section 14570, and which that conform to paragraph (2) of that subdivision.(3) The dealer is delivering, or having delivered, all empty beverage containers received from the public to a certified recycling center or processor for recycling.(b) Pay to the department for deposit in the fund the sum of one hundred dollars ($100) per day until A dealer subject to the requirements of subdivision (a) that does not comply with subdivision (a) is liable for a civil penalty, to be deposited into the Penalty Account, in the amount of ____ dollars ($____) per day, an amount greater than one hundred dollars ($100) per day, until a recycling location is established or until the standards for redemption specified in subdivision (a) are met.(c)(1)(A)A dealer located in an unserved convenience zone is exempt from the requirements of subdivisions (a) and (b) if a completed application for a recycling center located anywhere in the convenience zone is pending before the department and the dealer and the recycling center submit a letter to the department stating that the recycling center intends to serve that convenience zone.(B)The exemption specified in this paragraph no longer applies if the applicant recycling center withdraws the application or if the department denies the application. In either of these instances, the dealer in the convenience zone shall immediately comply with the requirements of subdivision (a) or (b) upon notification by the department.(2)Notwithstanding Section 14513.4, a recycling center described in paragraph (1) shall be eligible as an operator to receive handling fees for redeemed beverage containers once its application is approved.(3)This subdivision shall become inoperative on July 1, 2020.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. |
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| 48 | 48 | | The people of the State of California do enact as follows: |
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| 50 | 50 | | ## The people of the State of California do enact as follows: |
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| 52 | 52 | | SECTION 1. Section 14571.6 of the Public Resources Code is amended to read:14571.6. (a) In any convenience zone where no recycling location has been established which that satisfies the requirements of Section 14571, and in any convenience zone which 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)Submit submit to the department an affidavit form provided by the department stating that all of the following standards are being met by the dealer:(1) The dealer redeems all empty beverage container types at all open cash registers or one designated location on the dealers premises, during all hours that the dealer is open for business.(2) The dealer has posted signs which that meet the size and location requirements specified in subdivision (b) of Section 14570, and which that conform to paragraph (2) of that subdivision.(3) The dealer is delivering, or having delivered, all empty beverage containers received from the public to a certified recycling center or processor for recycling.(b) Pay to the department for deposit in the fund the sum of one hundred dollars ($100) per day until A dealer subject to the requirements of subdivision (a) that does not comply with subdivision (a) is liable for a civil penalty, to be deposited into the Penalty Account, in the amount of ____ dollars ($____) per day, an amount greater than one hundred dollars ($100) per day, until a recycling location is established or until the standards for redemption specified in subdivision (a) are met.(c)(1)(A)A dealer located in an unserved convenience zone is exempt from the requirements of subdivisions (a) and (b) if a completed application for a recycling center located anywhere in the convenience zone is pending before the department and the dealer and the recycling center submit a letter to the department stating that the recycling center intends to serve that convenience zone.(B)The exemption specified in this paragraph no longer applies if the applicant recycling center withdraws the application or if the department denies the application. In either of these instances, the dealer in the convenience zone shall immediately comply with the requirements of subdivision (a) or (b) upon notification by the department.(2)Notwithstanding Section 14513.4, a recycling center described in paragraph (1) shall be eligible as an operator to receive handling fees for redeemed beverage containers once its application is approved.(3)This subdivision shall become inoperative on July 1, 2020. |
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| 54 | 54 | | SECTION 1. Section 14571.6 of the Public Resources Code is amended to read: |
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| 56 | 56 | | ### SECTION 1. |
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| 57 | 57 | | |
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| 58 | 58 | | 14571.6. (a) In any convenience zone where no recycling location has been established which that satisfies the requirements of Section 14571, and in any convenience zone which 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)Submit submit to the department an affidavit form provided by the department stating that all of the following standards are being met by the dealer:(1) The dealer redeems all empty beverage container types at all open cash registers or one designated location on the dealers premises, during all hours that the dealer is open for business.(2) The dealer has posted signs which that meet the size and location requirements specified in subdivision (b) of Section 14570, and which that conform to paragraph (2) of that subdivision.(3) The dealer is delivering, or having delivered, all empty beverage containers received from the public to a certified recycling center or processor for recycling.(b) Pay to the department for deposit in the fund the sum of one hundred dollars ($100) per day until A dealer subject to the requirements of subdivision (a) that does not comply with subdivision (a) is liable for a civil penalty, to be deposited into the Penalty Account, in the amount of ____ dollars ($____) per day, an amount greater than one hundred dollars ($100) per day, until a recycling location is established or until the standards for redemption specified in subdivision (a) are met.(c)(1)(A)A dealer located in an unserved convenience zone is exempt from the requirements of subdivisions (a) and (b) if a completed application for a recycling center located anywhere in the convenience zone is pending before the department and the dealer and the recycling center submit a letter to the department stating that the recycling center intends to serve that convenience zone.(B)The exemption specified in this paragraph no longer applies if the applicant recycling center withdraws the application or if the department denies the application. In either of these instances, the dealer in the convenience zone shall immediately comply with the requirements of subdivision (a) or (b) upon notification by the department.(2)Notwithstanding Section 14513.4, a recycling center described in paragraph (1) shall be eligible as an operator to receive handling fees for redeemed beverage containers once its application is approved.(3)This subdivision shall become inoperative on July 1, 2020. |
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| 60 | 60 | | 14571.6. (a) In any convenience zone where no recycling location has been established which that satisfies the requirements of Section 14571, and in any convenience zone which 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)Submit submit to the department an affidavit form provided by the department stating that all of the following standards are being met by the dealer:(1) The dealer redeems all empty beverage container types at all open cash registers or one designated location on the dealers premises, during all hours that the dealer is open for business.(2) The dealer has posted signs which that meet the size and location requirements specified in subdivision (b) of Section 14570, and which that conform to paragraph (2) of that subdivision.(3) The dealer is delivering, or having delivered, all empty beverage containers received from the public to a certified recycling center or processor for recycling.(b) Pay to the department for deposit in the fund the sum of one hundred dollars ($100) per day until A dealer subject to the requirements of subdivision (a) that does not comply with subdivision (a) is liable for a civil penalty, to be deposited into the Penalty Account, in the amount of ____ dollars ($____) per day, an amount greater than one hundred dollars ($100) per day, until a recycling location is established or until the standards for redemption specified in subdivision (a) are met.(c)(1)(A)A dealer located in an unserved convenience zone is exempt from the requirements of subdivisions (a) and (b) if a completed application for a recycling center located anywhere in the convenience zone is pending before the department and the dealer and the recycling center submit a letter to the department stating that the recycling center intends to serve that convenience zone.(B)The exemption specified in this paragraph no longer applies if the applicant recycling center withdraws the application or if the department denies the application. In either of these instances, the dealer in the convenience zone shall immediately comply with the requirements of subdivision (a) or (b) upon notification by the department.(2)Notwithstanding Section 14513.4, a recycling center described in paragraph (1) shall be eligible as an operator to receive handling fees for redeemed beverage containers once its application is approved.(3)This subdivision shall become inoperative on July 1, 2020. |
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| 62 | 62 | | 14571.6. (a) In any convenience zone where no recycling location has been established which that satisfies the requirements of Section 14571, and in any convenience zone which 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)Submit submit to the department an affidavit form provided by the department stating that all of the following standards are being met by the dealer:(1) The dealer redeems all empty beverage container types at all open cash registers or one designated location on the dealers premises, during all hours that the dealer is open for business.(2) The dealer has posted signs which that meet the size and location requirements specified in subdivision (b) of Section 14570, and which that conform to paragraph (2) of that subdivision.(3) The dealer is delivering, or having delivered, all empty beverage containers received from the public to a certified recycling center or processor for recycling.(b) Pay to the department for deposit in the fund the sum of one hundred dollars ($100) per day until A dealer subject to the requirements of subdivision (a) that does not comply with subdivision (a) is liable for a civil penalty, to be deposited into the Penalty Account, in the amount of ____ dollars ($____) per day, an amount greater than one hundred dollars ($100) per day, until a recycling location is established or until the standards for redemption specified in subdivision (a) are met.(c)(1)(A)A dealer located in an unserved convenience zone is exempt from the requirements of subdivisions (a) and (b) if a completed application for a recycling center located anywhere in the convenience zone is pending before the department and the dealer and the recycling center submit a letter to the department stating that the recycling center intends to serve that convenience zone.(B)The exemption specified in this paragraph no longer applies if the applicant recycling center withdraws the application or if the department denies the application. In either of these instances, the dealer in the convenience zone shall immediately comply with the requirements of subdivision (a) or (b) upon notification by the department.(2)Notwithstanding Section 14513.4, a recycling center described in paragraph (1) shall be eligible as an operator to receive handling fees for redeemed beverage containers once its application is approved.(3)This subdivision shall become inoperative on July 1, 2020. |
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| 66 | 66 | | 14571.6. (a) In any convenience zone where no recycling location has been established which that satisfies the requirements of Section 14571, and in any convenience zone which 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: |
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| 67 | 67 | | |
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| 68 | 68 | | (a)Submit submit to the department an affidavit form provided by the department stating that all of the following standards are being met by the dealer: |
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| 69 | 69 | | |
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| 70 | 70 | | (1) The dealer redeems all empty beverage container types at all open cash registers or one designated location on the dealers premises, during all hours that the dealer is open for business. |
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| 71 | 71 | | |
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| 72 | 72 | | (2) The dealer has posted signs which that meet the size and location requirements specified in subdivision (b) of Section 14570, and which that conform to paragraph (2) of that subdivision. |
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| 73 | 73 | | |
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| 74 | 74 | | (3) The dealer is delivering, or having delivered, all empty beverage containers received from the public to a certified recycling center or processor for recycling. |
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| 75 | 75 | | |
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| 76 | 76 | | (b) Pay to the department for deposit in the fund the sum of one hundred dollars ($100) per day until A dealer subject to the requirements of subdivision (a) that does not comply with subdivision (a) is liable for a civil penalty, to be deposited into the Penalty Account, in the amount of ____ dollars ($____) per day, an amount greater than one hundred dollars ($100) per day, until a recycling location is established or until the standards for redemption specified in subdivision (a) are met. |
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| 78 | 78 | | (c)(1)(A)A dealer located in an unserved convenience zone is exempt from the requirements of subdivisions (a) and (b) if a completed application for a recycling center located anywhere in the convenience zone is pending before the department and the dealer and the recycling center submit a letter to the department stating that the recycling center intends to serve that convenience zone. |
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| 81 | 81 | | |
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| 82 | 82 | | (B)The exemption specified in this paragraph no longer applies if the applicant recycling center withdraws the application or if the department denies the application. In either of these instances, the dealer in the convenience zone shall immediately comply with the requirements of subdivision (a) or (b) upon notification by the department. |
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| 85 | 85 | | |
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| 86 | 86 | | (2)Notwithstanding Section 14513.4, a recycling center described in paragraph (1) shall be eligible as an operator to receive handling fees for redeemed beverage containers once its application is approved. |
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| 89 | 89 | | |
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| 90 | 90 | | (3)This subdivision shall become inoperative on July 1, 2020. |
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| 94 | 94 | | SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. |
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| 96 | 96 | | SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. |
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| 98 | 98 | | SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. |
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| 99 | 99 | | |
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| 100 | 100 | | ### SEC. 2. |
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