Bill Text: CA AB2467 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: California Beverage Container Recycling and Litter

Spectrum: Partisan Bill (Republican 1-0)

Status: (Vetoed) 2014-09-26 - Vetoed by Governor. [AB2467 Detail]

Download: California-2013-AB2467-Amended.html
BILL NUMBER: AB 2467	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 28, 2014

INTRODUCED BY   Assembly Member Nestande

                        FEBRUARY 21, 2014

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



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2467, as amended, Nestande.  Student financial aid:
veterans.   California Beverage Container Recycling and
Litter Reduction Act: market development 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, until January 1, 2017, is authorized to annually expend
up to $10,000,000 from the fund to make market development payments
to a certified entity for empty plastic beverage containers that are
subsequently washed and processed into flake, pellet, or other form,
and made usable for the manufacture of a plastic product, and to make
market development payments to a product manufacturer for empty
plastic beverage containers that are subsequently washed and
processed into flake, pellet, or other form, and used by that product
manufacturer to manufacture a product. The act authorizes the
department to adopt any rules or regulations which may be necessary
or useful to carry out the act.  
   Existing law provides that, in general, regulations shall be
adopted pursuant to the Administrative Procedures Act, but exempts
emergency regulations from certain requirements of the Administrative
Procedures Act.  
   This bill would specify that a regulation, or an amendment to a
regulation, implementing this statute regarding market development
payments to certified entities and product manufacturers shall be
adopted pursuant to the Administrative Procedures Act and would
prohibit the regulation, or amendment to that regulation, from being
adopted or amended through an expedited or emergency process. 

   Existing law, commencing January 1 of the 2009-10 academic year,
and each academic year thereafter, and upon a specific appropriation
by the Legislature, authorizes any qualifying member of the
California National Guard, the State Military Reserve, or the Naval
Militia to apply for a California National Guard Educational
Assistance Award.  
   This bill would state the intent of the Legislature to enact
legislation that would establish a grant or scholarship program for
military veterans residing in this state who are attending one of the
segments of public postsecondary education that would enable a
veteran to complete a baccalaureate degree or its equivalent
following the exhaustion of his or her 36 months of benefits under a
specified federal law. 
   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) Notwithstanding Section 11346.1, a regulation, or an amendment
to a regulation, implementing subdivision (b) shall be adopted
pursuant to the Administrative Procedures Act (Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code), and shall not be adopted or amended through an
expedited or emergency process.  
   (d) 
    (e)  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. 
  SECTION 1.    It is the intent of the Legislature
to enact legislation that would establish a grant or scholarship
program for military veterans residing in the state who are attending
one of the segments of public postsecondary education that would
enable a veteran to complete a baccalaureate degree, or its
equivalent, following the exhaustion of his or her 36 months of
benefits under Section 3312 of Title 38 of the United States Code.
                                 
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