SB 1302: The California Beverage Container Recycling and Litter Reduction Act: recycling machines: pilot projects.

Session Year: 2023-2024
House: Senate

Current Status:

Failed

(2024-05-16: May 16 hearing: Held in committee and under submission.)

Introduced

First Committee Review

First Chamber

Second Committee Review

Second Chamber

Enacted

Version:

The California Beverage Container Recycling and Litter Reduction Act, administered by the Department of Resources Recycling and Recovery, is established to promote beverage container recycling. The act requires every Act requires a beverage distributor to pay to the Department of Resources Recycling and Recovery a redemption payment to the Department of Resources Recycling and Recovery for every beverage container for each beverage container, as defined, sold or offered for sale in the state. The act requires the department is required to deposit those amounts in the redemption payment into the California Beverage Container Recycling Fund. The moneys Moneys in the fund are continuously appropriated to the department for specified purposes, including paying to pay refund values, processing payments, administrative fees, and handling fees to certain types of recyclers to provide an incentive incentives for the redemption of empty beverage containers in the state. A violation of the act is a crime.

The act requires the department to certify recycling centers and processors and makes them eligible for payments and fees from the fund under certain conditions. The act requires certified recycling centers and processors to comply with specified statutory requirements and implementing regulations, including the requirement that recycling centers accept empty beverage containers from all consumers. Existing law also requires that processors accept empty beverage containers from all recycling centers, and that they visually inspect containers. The act requires the department to conduct investigations and unannounced inspections of certified recycling centers and processors to determine that the acts requirements are satisfied. A violation of the act is a crime.This bill would require the department to certify an operator of a recycling machine, as defined, as a processor and as a recycling center, subject to specified conditions, and would make the operator eligible for refund values, processing payments, and other program payments, thereby making an appropriation. The bill would impose a state-mandated local program by expanding the scope of a crime under the act.

This bill would, until January 1, 2034, authorize up to 3 recycling machine pilot projects, as specified. The bill would define recycling machine as a mechanical device that accepts empty machine acceptable beverage containers for redemption, as provided. The bill would authorize the department to select a jurisdiction for a pilot project based on certain criteria, and would specify the requirements for the operation of a pilot project. The bill would authorize the department to issue probationary certificates of operation to operators of recycling machine pilot projects, as specified. The bill would make an operator of a recycling machine pilot project operator eligible for processing payments and handling fees. By authorizing these additional expenditures from a continuously appropriated fund, the bill would make an appropriation. By creating new requirements under the act, a violation of which would be a crime, this bill would impose a state-mandated local program.

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.

Discussed in Hearing