Bill Text: CA SB1013 | 2021-2022 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Beverage container recycling.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Passed) 2022-09-27 - Chaptered by Secretary of State. Chapter 610, Statutes of 2022. [SB1013 Detail]
Download: California-2021-SB1013-Amended.html
MAJORITY2/3
Appropriation:
NOYES
Fiscal Committee:
NOYES
Local Program:
NOYES
Section 14550 of the Public Resources Code is amended to read:
Bill Title: Beverage container recycling.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Passed) 2022-09-27 - Chaptered by Secretary of State. Chapter 610, Statutes of 2022. [SB1013 Detail]
Download: California-2021-SB1013-Amended.html
|
Amended
IN
Senate
March 30, 2022 |
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Senate Bill
No. 1013
| Introduced by Senator Atkins |
February 14, 2022 |
An act to amend Section Sections 14504 and 14550 of the Public Resources Code, relating to recycling. recycling, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 1013, as amended, Atkins.
Beverage container recycling: reports: electronic submittal. submittal: wine and distilled spirits.
Existing law, the California Beverage Container Recycling and Litter Reduction Act, defines the term “beverage” to include certain types of products in liquid, ready-to-drink form and excludes, among other things, wine or wine from which alcohol has been removed in whole or in part, whether or not sparkling or carbonated. The 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. Existing law requires
Recovery, and requires the department to deposit those amounts in the California Beverage Container Recycling Fund. The money in the fund is continuously appropriated to the department to pay refund values and administrative fees to processors, defined to mean persons certified by the department who purchase empty beverage containers from recycling centers and process the containers in a prescribed manner, to fund a reserve for contingencies and, after setting specified funds aside, for various purposes relating to beverage container recycling, litter cleanup and prevention, and education. The act requires processors and distributors of beverage containers to report specified information to the department, in the form and manner prescribed by the department.
A violation of the act is a crime.
This bill would explicitly authorize the department to require the information reported to be submitted electronically. The bill would revise the definition of beverage to include distilled spirits and wine or wine from which alcohol has been removed in whole or in part, whether or not sparkling or carbonated. Since the additional payments for the beverage containers that this bill would make subject to the act would be deposited in a continuously appropriated fund, the bill would make an appropriation. The bill would also impose a state-mandated local program by creating new crimes relating to the regulation of beverage containers.
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.
Digest Key
Vote:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 14504 of the Public Resources Code is amended to read:14504.
(a) Except as provided in subdivision (b), “beverage” means any of the following products if those products are in liquid, ready-to-drink form, and are intended for human consumption:(1) Beer and other malt beverages.
(2) Wine and distilled spirit coolers.
(3) Carbonated water, including soda and carbonated mineral water.
(4) Noncarbonated water, including noncarbonated mineral water.
(5) Carbonated soft drinks.
(6) Noncarbonated soft drinks and “sport” drinks.
(7) Except as provided in paragraph (4) of subdivision (b), noncarbonated fruit drinks that contain any percentage of fruit juice.
(8) Coffee and tea drinks.
(9) Carbonated fruit drinks.
(10) Vegetable juice in beverage containers of 16 ounces or less.
(11) Distilled spirits.
(12) Wine, or wine from which alcohol has been removed, in whole or in part, whether or not sparkling or carbonated.
(b) “Beverage” does not include any of the following:
(1) Any product sold in a container that is not an aluminum beverage container, a glass container, a plastic beverage container, or a bimetal container.
(2)Wine, or wine from which alcohol has been removed, in whole or in part, whether or not sparkling or carbonated.
(3)
(2) Milk, medical food, or infant formula.
(4)
(3) One hundred percent fruit juice in containers that are 46 ounces or more in volume.
(c) For purposes of this section, the following definitions shall apply:
(1) “Infant formula” means any liquid food described or sold as an alternative for human milk for the feeding of infants.
(2) (A) “Medical food” means a food or beverage that is formulated to be consumed, or administered enterally under the supervision of a physician, and that is intended for specific dietary management of diseases or health conditions for which distinctive nutritional requirements, based on recognized scientific principles, are established by medical
evaluation.
(B) A “medical food” is a specially formulated and processed product, for the partial or exclusive feeding of a patient by means of oral intake or enteral feeding by tube, and is not a naturally occurring foodstuff used in its natural state.
(C) “Medical food” includes any product that meets the definition of “medical food” in the federal Federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 360ee (b)(3). 360ee(b)(3)).
(3) “Noncarbonated soft drink” means a nonalcoholic, noncarbonated naturally or artificially flavored water containing sugar or sweetener or trace amounts of various elements from both natural and synthetic sources.
SECTION 1.SEC. 2.
Section 14550 of the Public Resources Code is amended to read:14550.
(a) (1) Every processor shall report to the department for each month the amount of empty beverage containers, by material type and weight of container or material, excluding refillable beverage containers, received from recycling centers and curbside programs for recycling, and the scrap value paid for glass, PET, and bimetal containers and any beverage container that is assessed a processing fee. Every processor shall also report to the department for each month the amount of other postfilled aluminum, glass, and plastic food and drink packaging materials sold filled to consumers in this state and returned for recycling. These reports shall be submitted within 10 days after each month, in the form and manner that the department may prescribe, which may include electronic submittal.(2) The department shall treat all information reported pursuant to this section by a processor as commercial or financial information subject to the procedures established pursuant to Section 14554.
(b) Every distributor who sells or offers for sale in this state beverages in aluminum beverage containers, nonaluminum metal beverage containers, glass beverage containers, plastic beverage containers, or other beverage containers, including refillable beverage containers of these types, shall report to the department for each month the number of beverages sold in these beverage containers in this state that are labeled pursuant to Section 14561, by material type and size and weight of container or any other
method as the department may prescribe. These reports shall be submitted by the day when payment is due, consistent with the applicable payment schedule specified in subdivision (a) of Section 14574, in the form and manner that the department may prescribe, which may include electronic submittal.
(c) Every distributor who sells or offers for sale in this state beverages in refillable beverage containers and who pays a refund value to distributors, dealers, or consumers who return these containers for refilling, shall report to the department for each month the number of these beverage containers returned empty to be refilled, by material type and size of container or any other method that the department may prescribe. These reports shall be submitted by the day when payment is due, consistent with the schedule specified in subdivision (a) of
Section 14574, in the form and manner that the department may
prescribe, which may include electronic submittal.
(d) Notwithstanding subdivision (b), a distributor who elects to make an annual payment pursuant to subdivision (b) of Section 14574 may, upon the approval of the department, submit the reports required by this section annually to the department. The reports shall accompany the annual payment submitted pursuant to Section 14574.
