California 2009-2010 Regular Session Status: Passed Assembly

AB 983 — Recycling: California redemption value containers.

Last action — From Senate committee without further action.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

(1) Existing law, the California Beverage Container Recycling and Litter Reduction Act (act) , requires that every beverage container sold or offered for sale in this state is required to have a minimum refund value. A distributor is required to pay a redemption payment for every beverage container sold or offered for sale in the state to the Department of Conservation and the department is required 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, administrative fees to processors, and a reserve for contingencies. A violation of the act is a crime. "Beverage" is defined, for purposes of the act, to include, among other things, beer and other malt beverages, wine and distilled spirit coolers, carbonated mineral and soda waters, noncarbonated fruit drinks, and vegetable juices, in liquid form that are intended for human consumption, but excludes from that definition vegetable drinks in beverage containers of more than 16 ounces. The act also excludes, from the definition of beverage, any product sold in a container that is not an aluminum beverage container, a glass container, a plastic beverage container, or a bimetal container. This bill would, as of April 1, 2010, revise the term beverage to include vegetable, fruit, nut, grain, or soy drinks or juices or noncarbonated drinks that contain any percentage of those drinks or juices, and would delete the requirement that a vegetable, drink, subject to the act, be sold in a container of 16 ounces or less. The bill would delete the exclusion from the term beverage, for a product that is not sold in the above-specified types of containers. The bill would additionally exclude from the definition a beverage in a flexible foil, plastic pouch, or aseptic container delivering 7 or less fluid ounces. Since the additional payments for the plastic beverage containers and other 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 beverage containers. (2) Existing law requires a distributor of specified beverage containers to pay a redemption payment to the Department of Conservation for each beverage container sold or transferred for deposit in the California Beverage Container Recycling Fund. The money in the fund is continuously appropriated to the department to pay refund values, administrative fees to processors, and a reserve for contingencies. This bill would raise the amount of the redemption payment paid by the distributor and the refund value, as specified. Since the increased payments for the beverage containers that are subject to the act would be deposited in a continuously appropriated fund, the bill would make an appropriation. Existing law requires that a distributor pay the redemption payment not later than the last day of the 3rd month following the sale and authorizes a distributor, upon the approval of the department, to elect to make a single annual payment if the distributor meets specified conditions and notifies the department of its intent to make annual redemption payments. This bill would require all beverage distributors to make the redemption payment no later than the last day of the 2nd month following the sale of the beverages. This bill would revise the conditions under which a distributor would be authorized to make a single annual payment. (3) Existing law authorizes the Department of Conservation to expend moneys in the fund, upon appropriation by the Legislature, for administration of the act. This bill would require the department to expend 10% less for administration of the act than the amount that was appropriated for administration for the 2008–09 fiscal year. (4) The department is authorized to make specified expenditures from the moneys remaining in the fund after the moneys for certain purposes have been set aside. This bill would increase the amount of moneys for grants to certified community conservation corps for beverage container litter reduction programs and recycling programs. The bill would suspend, for the 2009–10 fiscal year, expenditures for grants for beverage container recycling and litter reduction programs and a statewide public education and information campaign aimed at promoting increased recycling of beverage containers. The bill would eliminate funds the department is authorized to expend for grants for specified beverage container recycling and litter reduction programs. The bill would prohibit the department from reducing expenditures for handling fees and conservation corps grants for the 2009–10 and 2010–11 fiscal years. (5) Existing law requires the department to continuously assist dealers and recyclers to establish certified recycling centers within in each convenience zone. This bill would provide assistance and incentives to reduce the number of zones not serviced by a certified recycling center. (6) The bill would delete obsolete provisions and make conforming changes. (7) 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.

Bill Text

Action History

  1. From Senate committee without further action.

  2. Re-referred to Com. on EQ.

  3. Withdrawn from committee. Re-referred to Com. on RLS.

  4. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.

  5. (Ayes 23. Noes 14. Page 2280.)

  6. Senate Rule 29.3 suspended.

  7. In committee: Held under submission.

  8. In committee: Placed on Appropriations suspense file.

  9. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 6. Noes 2.) (July 15).

  10. In committee: Hearing postponed by committee.

  11. In committee: Hearing postponed by committee.

  12. Referred to Com. on ED.

  13. In Senate. Read first time. To Com. on RLS. for assignment.

  14. Read third time, passed, and to Senate. (Ayes 52. Noes 26. Page 1935.)

  15. Read second time. To third reading.

  16. From committee: Do pass. (Ayes 12. Noes 5.) (May 28).

  17. In committee: Set, first hearing. Referred to APPR. suspense file.

  18. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 8. Noes 2.) (April 15).

  19. Referred to Com. on ED.

  20. Read first time.

  21. From printer. May be heard in committee March 30.

  22. Introduced. To print.

Sponsors

  • Chesbro · Cosponsor
  • John A. Perez · Cosponsor
  • Corbett · Cosponsor
  • Skinner · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 3 co-sponsors · 118 not signed on · 4 voted No

Sponsors (1)

  • Skinner

Co-sponsors (3)

  • Chesbro
  • John A. Perez
  • Corbett

Not signed on (118)

118 members have not signed on to this bill.

Show all 118 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Placed on Appropriations Suspense file.

Passed 13 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 13000
Total 13000
% of votes cast 100%0%0%0%
How each member voted (13)
Member Party Vote
Yee — Yea
Hancock — Yea
Wyland — Yea
Leno — Yea
Runner — Yea
Corbett — Yea
Cox — Yea
Oropeza — Yea
Wolk — Yea
Kehoe — Yea
Price — Yea
Walters — Yea
Denham — Yea

Official roll call →

AB 983 SKINNER Assembly Third Reading

Passed 61 Yea · 29 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 572702
Democratic 3000
Republican 1200
Total 612902
% of votes cast 66%32%0%2%
How each member voted (92)
Member Party Vote
Carter — Yea
Chesbro — Yea
Charles — Yea
Adams — Yea
Ammiano — Yea
Beall — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Yamada — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Conway — Nay
Davis — Yea
Bill — Nay
Tom — Nay
Eng — Yea
Feuer — Yea
Fuentes — Yea
Furutani — Yea
Galgiani — Yea
Fletcher — Nay
Audra — Nay
Blakeslee — Nay
Duvall — Nay
Garrick — Nay
Hagman — Nay
Hall — Yea
Hernandez — Yea
Hill — Yea
Huffman — Yea
Jeffries — Nay
Krekorian — Yea
Lieu — Yea
Mendoza — Yea
Miller — Nay
Monning — Yea
Nestande — Nay
Price — Yea
Ruskin — Yea
Skinner — Yea
Smyth — Nay
Swanson — Yea
Torlakson — Yea
Torrico — Yea
Tran — Nay
Block — Not Voting
Anderson — Nay
Bass — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Not Voting
Hayashi — Yea
Huber — Yea
Knight — Nay
Logue — Nay
Ma — Yea
Nava — Yea
Nielsen — Nay
Silva — Nay
Solorio — Yea
Torres — Yea
Villines — Nay
Cook — Nay
Emmerson — Nay
Coto — Yea
Evans — Yea
DeVore — Nay
Fuller — Yea
Gilmore — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Nay
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

Do pass.

Passed 16 Yea · 6 Nay
Party YeaNayPresentNot Voting
Unaffiliated 15500
Democratic 1000
Republican 0100
Total 16600
% of votes cast 73%27%0%0%
How each member voted (22)
Member Party Vote
Charles — Yea
De — Yea
Leon — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Nay
Hall — Yea
Harkey — Nay
Krekorian — Yea
Nielsen — Nay
Price — Yea
Skinner — Yea
Duvall — Nay
Torlakson — Yea
Ammiano — Yea
Miller — Nay
Solorio — Yea
Davis — Yea
Fuentes — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Subjects

environment
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Frequently asked questions

What does AB 983 do?
(1) Existing law, the California Beverage Container Recycling and Litter Reduction Act (act) , requires that every beverage container sold or offered for sale in this state is required to have a minimum refund value. A distributor is required to pay a redemption payment for every beverage container sold or offered for sale in the state to the Department of Conservation and the department is required 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, administrative fees to processors, and a reserve for contingencies. A violation of the act is a crime. "Beverage" is defined, for purposes of the act, to include, among other things, beer and other malt beverages, wine and distilled spirit coolers, carbonated mineral and soda waters, noncarbonated fruit drinks, and vegetable juices, in liquid form that are intended for human consumption, but excludes from that definition vegetable drinks in beverage containers of more than 16 ounces. The act also excludes, from the definition of beverage, any product sold in a container that is not an aluminum beverage container, a glass container, a plastic beverage container, or a bimetal container. This bill would, as of April 1, 2010, revise the term beverage to include vegetable, fruit, nut, grain, or soy drinks or juices or noncarbonated drinks that contain any percentage of those drinks or juices, and would delete the requirement that a vegetable, drink, subject to the act, be sold in a container of 16 ounces or less. The bill would delete the exclusion from the term beverage, for a product that is not sold in the above-specified types of containers. The bill would additionally exclude from the definition a beverage in a flexible foil, plastic pouch, or aseptic container delivering 7 or less fluid ounces. Since the additional payments for the plastic beverage containers and other 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 beverage containers. (2) Existing law requires a distributor of specified beverage containers to pay a redemption payment to the Department of Conservation for each beverage container sold or transferred for deposit in the California Beverage Container Recycling Fund. The money in the fund is continuously appropriated to the department to pay refund values, administrative fees to processors, and a reserve for contingencies. This bill would raise the amount of the redemption payment paid by the distributor and the refund value, as specified. Since the increased payments for the beverage containers that are subject to the act would be deposited in a continuously appropriated fund, the bill would make an appropriation. Existing law requires that a distributor pay the redemption payment not later than the last day of the 3rd month following the sale and authorizes a distributor, upon the approval of the department, to elect to make a single annual payment if the distributor meets specified conditions and notifies the department of its intent to make annual redemption payments. This bill would require all beverage distributors to make the redemption payment no later than the last day of the 2nd month following the sale of the beverages. This bill would revise the conditions under which a distributor would be authorized to make a single annual payment. (3) Existing law authorizes the Department of Conservation to expend moneys in the fund, upon appropriation by the Legislature, for administration of the act. This bill would require the department to expend 10% less for administration of the act than the amount that was appropriated for administration for the 2008–09 fiscal year. (4) The department is authorized to make specified expenditures from the moneys remaining in the fund after the moneys for certain purposes have been set aside. This bill would increase the amount of moneys for grants to certified community conservation corps for beverage container litter reduction programs and recycling programs. The bill would suspend, for the 2009–10 fiscal year, expenditures for grants for beverage container recycling and litter reduction programs and a statewide public education and information campaign aimed at promoting increased recycling of beverage containers. The bill would eliminate funds the department is authorized to expend for grants for specified beverage container recycling and litter reduction programs. The bill would prohibit the department from reducing expenditures for handling fees and conservation corps grants for the 2009–10 and 2010–11 fiscal years. (5) Existing law requires the department to continuously assist dealers and recyclers to establish certified recycling centers within in each convenience zone. This bill would provide assistance and incentives to reduce the number of zones not serviced by a certified recycling center. (6) The bill would delete obsolete provisions and make conforming changes. (7) 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.
Who sponsors AB 983?
AB 983 is sponsored by Chesbro, John A. Perez, Corbett, and Skinner.
What is the current status of AB 983?
This bill died with 2009-2010 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 983?
Track AB 983 free on One Click Politics — get push/email alerts when it moves.

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