Bill Text: CA SB1547 | 2011-2012 | Regular Session | Enrolled

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Bill Title: Recycling: beverage containers: enforcement.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2012-09-29 - In Senate. Consideration of Governor's veto pending. [SB1547 Detail]

Download: California-2011-SB1547-Enrolled.html

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BILL NUMBER: SB 1547	ENROLLED
	BILL TEXT

	PASSED THE SENATE  MAY 7, 2012
	PASSED THE ASSEMBLY  AUGUST 16, 2012

INTRODUCED BY   Senator Simitian

                        FEBRUARY 24, 2012

   An act to amend Section 14595.5 of the Public Resources Code,
relating to recycling.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1547, Simitian. Recycling: beverage containers: enforcement.
   The California Beverage Container Recycling and Litter Reduction
Act requires a distributor of specified beverage containers to pay a
redemption payment to the Department of Resources Recycling and
Recovery, for each beverage container, as defined, sold or
transferred. Existing law prohibits any person from paying, claiming,
or receiving any refund value, processing payment, handling fee, or
administrative fee for imported beverage container material,
previously redeemed containers, rejected containers, line breakage,
or other ineligible material. Existing law also prohibits any person
from redeeming or attempting to redeem those containers or materials,
returning previously redeemed containers to the marketplace for
redemption, or bringing those containers or materials to the
marketplace for redemption, as specified.
   Existing law provides that, for purposes of implementing those
provisions, the department shall take all reasonable steps to exclude
those items, when conducting surveys to determine a commingled rate
for payment on beverage containers.
   This bill would also require the department, when conducting those
surveys, to exclude other ineligible material.


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

  SECTION 1.  Section 14595.5 of the Public Resources Code is amended
to read:
   14595.5.  (a) (1) No person shall pay, claim, or receive any
refund value, processing payment, handling fee, or administrative fee
for any of the following:
   (A) Beverage container material that the person knew, or should
have known, was imported from out of state.
   (B) A previously redeemed container, rejected container, line
breakage, or other ineligible material.
   (2) No person shall, with intent to defraud, do any of the
following:
   (A) Redeem or attempt to redeem an out-of-state container,
rejected container, line breakage, previously redeemed container, or
other ineligible material.
   (B) Return a previously redeemed container to the marketplace for
redemption.
   (C) Bring an out-of-state container, rejected container, line
breakage, or other ineligible material to the marketplace for
redemption.
   (D) Receive, store, transport, distribute, or otherwise facilitate
or aid in the redemption of a previously redeemed container,
out-of-state container, rejected container, line breakage, or other
ineligible material.
   (b) For purposes of implementing subdivision (a), the department
shall take all reasonable steps to exclude beverage container
material imported from out of state, previously redeemed containers,
rejected containers, line breakage, and other ineligible material,
when conducting surveys to determine a commingled rate pursuant to
Section 14549.5.