Bill Text: CA AB2733 | 2019-2020 | Regular Session | Introduced

California Assembly Bill 2733 (Prior Session Legislation)

Introduced

Bill Title: California Beverage Container Recycling Fund: reporting.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2020-03-02 - Referred to Com. on NAT. RES. [AB2733 Detail]

Download: California-2019-AB2733-Introduced.html

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill

No. 2733

Introduced by Assembly Member Flora

February 20, 2020

An act to amend Section 14556 of the Public Resources Code, relating to recycling.

LEGISLATIVE COUNSEL'S DIGEST

AB 2733, as introduced, Flora. California Beverage Container Recycling Fund: reporting.

Existing law, the California Beverage Container Recycling and Litter Reduction Act, requires every beverage container sold or offered for sale in this state to have a minimum refund value. Under existing law, a beverage distributor is required to pay a redemption payment to the Department of Resources Recycling and Recovery for every beverage container sold or offered for sale in the state by the distributor, and the department is required to deposit those amounts, and all other revenues the department receives under the act, in the California Beverage Container Recycling Fund. Under existing law, moneys in the fund, except for civil penalties or fines, are continuously appropriated to the department to, among other things, pay refund values, administrative fees, and processing payments to processors, and handling fees to recycling sites in convenience zones, as defined.

Existing law requires the department, not less than once every 3 months, to provide to the Legislature an updated fund condition statement for the California Beverage Container Recycling Fund, and other specified information, for the current fiscal year and budget year. Existing law requires the department, not less than once every 3 months, to post that information on the department’s internet website. Existing law requires the department, not less than once every 3 months, to review the information included in the fund condition statement, as provided, and to immediately notify the Legislature if the department determines that there may be inadequate funds to pay the payments required by the act. In that circumstance, existing law authorizes the department, after notifying the Legislature, to reduce or eliminate certain expenditures, including processing payments or handling fees, as provided.

This bill would change the minimum frequency of the periodic requirements described above from 3 months to 2 months.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Section 14556 of the Public Resources Code is amended to read:

14556.

(a) Not less than once every ~~three~~ two months, the department shall provide to the Legislature pursuant to subdivision (b), at a minimum, all of the following information for the current fiscal year and the budget year:

(1) An updated fund condition statement that includes the revenues, transfers, and expenditures ~~in to~~ into and out of the fund.

(2) The recycling rate, by beverage container material type, that is inferred using the revenues.

(3) An explanation of significant changes to the fund condition statement from the prior report and significant changes to the methodology used for forecasting the fund condition statement.

(4) Projected sales, which include all actual data available since the last reporting period, by beverage container material type and size, and actual or projected returns, which include all actual data available since the last reporting period, by beverage container material type, including an explanation in any case where the actual returns are more than 100 percent of actual sales.

(5) Projected handling fee payments, which include all actual data available since the last reporting period, the per beverage container handling fee amount, and the number of beverage containers projected to be eligible for a handling fee payment.

(6) Projected processing payments, which include all actual data available since the last reporting period, by beverage container material type, showing the total processing fee offsets, processing fees, and processing payments for each type of beverage container material.

(7) Total grants awarded during the current fiscal year.

(b) Notwithstanding Section 9795 of the Government Code, not less than once every ~~three~~ two months, the department shall provide a written copy of the information required in subdivision (a) to the Joint Legislative Budget Committee and to the appropriate policy and fiscal committees of both houses of the Legislature and shall also post the most recent information required in subdivision (a) on the department’s ~~Internet Web site.~~ internet website.

(c) The department shall review the information included in the fund condition statement frequently, but not less than once every ~~three~~ two months, to determine if adequate funds exist to pay the disbursements required pursuant to this division and to make the determinations required pursuant to subdivision (c) of Section 14581.