BILL NUMBER: AB 1023	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Eggman

                        FEBRUARY 22, 2013

   An act to amend Section 14549.2 of the Public Resources Code,
relating to recycling.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1023, as introduced, Eggman. Recycling: beverage containers:
payments.
   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 to the Department of Resources Recycling and Recovery for
deposit in the California Beverage Container Recycling Fund. The
department is authorized to annually expend up to $10,000,000, or
more under specified circumstances, from the fund to make market
development payments for empty plastic beverage containers, until
January 1, 2017. Existing law specifies procedures and conditions for
making those market development payments.
   This bill would make technical, nonsubstantive changes to that
payment provision.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 14549.2 of the Public Resources Code is amended
to read:
   14549.2.  (a) For purposes of this section, the following
definitions shall apply:
   (1) "Certified entity" means a recycling center, processor, or
dropoff or collection program certified  by the department 
pursuant to this division.
   (2) "Product manufacturer" means  any   a
 person who manufactures a plastic product in this state.
   (b) In order to develop California markets for empty plastic
beverage containers collected for recycling in the state, the
department may, consistent with Section 14581 and subject to the
availability of funds, pay a market development payment to a
certified entity or product manufacturer for empty plastic beverage
containers collected and managed pursuant to this section.
   (c) The department shall make a market development payment to a
certified entity or product manufacturer in accordance with this
section  ,  only if the plastic beverage container
is collected and either recycled or used in manufacturing, in the
state, as follows:
   (1) The department shall make a market development payment to a
certified entity for empty plastic beverage containers that are
collected for recycling in the state, that are subsequently washed
and processed by a certified entity into a flake, pellet, or other
form in the state, and made usable for the manufacture of a plastic
product by a product manufacturer.
   (2) The department shall make a market development payment to a
product manufacturer for empty plastic beverage containers that are
collected for recycling in the state, that are subsequently washed
and processed into a flake, pellet or other form in the state, and
used by that product manufacturer to manufacture a product in this
state.
   (3) The department shall determine the amount of the market
development payment, which may be set at a different level for a
certified entity and a product manufacturer, but shall not exceed one
hundred fifty dollars ($150) per ton. In setting the amount of the
market development payment for both certified entities and product
manufacturers, the department shall consider all of the following:
   (A) The minimum funding level needed to encourage the in-state
washing and processing of empty plastic beverage containers collected
for recycling in this state.
   (B) The minimum funding level needed to encourage the in-state
manufacturing that utilizes empty plastic beverage containers
collected for recycling in this state.
   (C) The total amount of funds projected to be available for
plastic market development payments and the desire to maintain the
minimum funding level needed throughout the year.
   (4) The department may make a market development payment to both a
certified entity and a product manufacturer for the same empty
plastic beverage container.
   (d) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.