California 2011-2012 Regular Session Status: Enacted

AB 1933 — Beverage containers: handling fees: enforcement.

Last action — Chaptered by Secretary of State - Chapter 540, Statutes of 2012.

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

This bill has been enacted into law. Introduced February 22, 2012. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 7 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

(1) The existing California Beverage Container Recycling and Litter Reduction Act requires a distributor of specified beverage containers to pay a redemption payment to the Department of Resource Recycling and Recovery, for each beverage container, as defined, sold or transferred, for deposit in the California Beverage Container Recycling Fund. From the fund, the department is continuously appropriated the amount necessary to pay handling fees to provide an incentive for the redemption of empty beverage containers in convenience zones. The department is required to pay a handling fee in an amount determined by subtracting the amount of the statewide average per-container cost to redeem beverage containers incurred by a certified recycler that does not receive a handling fee from the statewide average per-container cost incurred by recycling centers that receive handling fees, based on a survey the department is required to conduct at least once every 2 years to determine the actual cost for the redemption of beverage containers. This bill would require the per-container handling fee to be set, as of the effective date of this act, until March 1, 2013, at an amount that is not less than the amount of the per-container handling fee that was in effect on July 1, 2011. The bill would authorize the department to update the methodology and scrap values used for calculating the handling fee, as specified. The bill would make an appropriation by increasing the amount that the department is authorized to pay from a continuously appropriated fund. (2) Existing law requires any person importing more than a 100 pounds of aluminum, bimetal, or plastic beverage container material, or more than 1,000 pounds of glass beverage container material, into the state to report the material and to provide an opportunity for inspection and prohibits any person from falsifying documents required pursuant to the act or the regulations adopted by the department. A violation of the act is a crime. This bill would decrease the amount of materials for which a person is required to report to the department to 25 pounds of empty aluminum, bimetal, or plastic beverage container material, or more than 250 pounds of empty glass beverage container material, and would additionally require the person to provide the department with certain documentation regarding those materials. The bill would require a vehicle entering the state that contains more than 25 pounds of empty beverage container material to pass through the nearest plant quarantine inspection station and obtain proof of inspection from the department. The bill would authorize the department to enter into a interagency agreement with the Department of Food and Agriculture to implement this requirement. The bill would provide that an operator of a vehicle that contains more than 25 pounds of empty beverage container material is in violation of the act if the operator fails to stop at, or willfully avoids, a plant quarantine inspection station, as specified. The bill would provide that a 2nd or subsequent violation of this requirement within 3 years of a prior conviction is punishable as a misdemeanor. The bill would impose a state-mandated local program by creating new crimes. (3) 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. (4) This bill would declare that it is to take effect immediately as an urgency statute.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 540, Statutes of 2012.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 2:30 p.m.

  4. Urgency clause adopted. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 6754.).

  5. In Assembly. Concurrence in Senate amendments pending.

  6. Read third time. Urgency clause adopted. Passed. Ordered to the Assembly. (Ayes 32. Noes 0. Page 5047.).

  7. Read second time. Ordered to third reading.

  8. Read third time and amended. Ordered to second reading.

  9. Ordered to third reading.

  10. From committee: Amendments returned with further amendments to Senate floor for consideration. (Ayes 6. Noes 0.)

  11. From committee: Be re-referred to Com. on APPR. pursuant to Senate Rule 29.10. (Ayes 5. Noes 0.) Re-referred to Com. on APPR.

  12. Re-referred to Com. on RLS. pursuant to Senate Rule 29.10.

  13. Read second time. Ordered to third reading.

  14. Read third time and amended. Ordered to second reading.

  15. Read second time. Ordered to third reading.

  16. Ordered to second reading.

  17. From inactive file.

  18. Ordered to inactive file at the request of Senator Corbett.

  19. Read second time. Ordered to third reading.

  20. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  21. From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (May 14). Re-referred to Com. on APPR.

  22. Referred to Com. on E.Q.

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

  24. Read third time. Passed. Ordered to the Senate. (Ayes 74. Noes 0. Page 4569.)

  25. Read second time. Ordered to consent calendar.

  26. From committee: Do pass. To consent calendar. (Ayes 17. Noes 0.) (April 18).

  27. From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (March 26). Re-referred to Com. on APPR.

  28. Referred to Com. on NAT. RES.

  29. From printer. May be heard in committee March 24.

  30. Read first time. To print.

Sponsors

  • Gordon · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Gordon

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"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

AB 1933 GORDON Concurrence - Urgency Added

Passed 79 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 2000
Unaffiliated 76001
Democratic 1000
Total 79001
% of votes cast 99%0%0%1%
How each member voted (80)
Member Party Vote
Butler — Yea
Garrick — Yea
Carter — Yea
Cedillo — Yea
Hagman — Yea
John A. Pérez — Yea
Mitchell — Yea
Halderman — Yea
Atkins — Yea
Chesbro — Yea
Hill — Yea
Hueso — Yea
Portantino — Yea
Cook — Yea
Davis — Yea
Donnelly — Yea
Knight — Yea
Miller — Yea
Perea — Yea
Silva — Yea
Valadao — Yea
Wagner — Yea
Campos — Yea
Allen — Yea
Eng — Yea
Feuer — Yea
Fong — Yea
Fletcher — Yea
Furutani — Yea
Bonilla — Not Voting
Galgiani — Yea
Conway — Yea
Gordon — Yea
Gorell — Yea
Hall — Yea
Hayashi — Yea
Huffman — Yea
Lara — Yea
Mendoza — Yea
Monning — Yea
Morrell — Yea
Nestande — Yea
Nielsen — Yea
Norby — Yea
Smyth — Yea
Solorio — Yea
Swanson — Yea
Torres — Yea
Wieckowski — Yea
Williams — Yea
Achadjian — Yea
Alejo — Yea
Ammiano — Yea
Beall — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Huber — Yea
Jeffries — Yea
Logue — Yea
Ma — Yea
Mansoor — Yea
Olsen — Yea
Pan — Yea
Skinner — Yea
Dickinson — Yea
Fuentes — Yea
Gatto — Yea
Yamada — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

3rd Reading AB1933 Gordon By DeSaulnier Urgency Clause

Passed 32 Yea · 0 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 30007
Republican 1000
Democratic 1001
Total 32008
% of votes cast 80%0%0%20%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Cannella — Yea
Wyland — Yea
Fuller — Yea
Lowenthal — Yea
De León — Yea
Negrete McLeod — Yea
Harman — Yea
Hernandez — Yea
Huff — Yea
Simitian — Yea
Steinberg — Yea
Walters — Yea
Rubio — Not Voting
Runner — Not Voting
Leno — Yea
Blakeslee — Not Voting
Corbett — Yea
Dutton — Yea
Pavley — Not Voting
Wolk — Not Voting
Alquist — Not Voting
Anderson — Yea
Kehoe — Yea
Lieu — Yea
Liu — Yea
Price — Yea
Vargas — Yea
Wright — Yea
Emmerson — Yea
Correa — Yea
Evans — Not Voting
DeSaulnier — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Not Voting
Strickland, Tony Republican Yea

Official roll call →

AB 1933 GORDON Consent Calendar Second Day

Passed 74 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Republican 1001
Unaffiliated 72005
Democratic 1000
Total 74006
% of votes cast 93%0%0%8%
How each member voted (80)
Member Party Vote
Butler — Yea
Fong — Yea
Allen — Yea
Gorell — Yea
Hill — Yea
Carter — Yea
Conway — Yea
Cook — Yea
Logue — Yea
Alejo — Yea
Swanson — Yea
Wagner — Yea
Williams — Yea
Gatto — Yea
Hagman — Yea
Ma — Yea
Perea — Yea
Skinner — Yea
Portantino — Yea
Huffman — Yea
Ammiano — Yea
Gordon — Yea
Hueso — Yea
John A. Pérez — Yea
Mitchell — Yea
Jeffries — Yea
Fletcher — Yea
Bonilla — Yea
Atkins — Yea
Campos — Yea
Halderman — Not Voting
Hall — Yea
Cedillo — Not Voting
Lara — Yea
Mendoza — Yea
Miller — Yea
Beall — Yea
Block — Yea
Chesbro — Yea
Donnelly — Yea
Monning — Yea
Morrell — Yea
Nielsen — Yea
Norby — Yea
Pan — Yea
Solorio — Yea
Torres — Yea
Wieckowski — Yea
Achadjian — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Not Voting
Hayashi — Yea
Huber — Yea
Knight — Yea
Mansoor — Yea
Nestande — Yea
Olsen — Yea
Silva — Yea
Smyth — Not Voting
Valadao — Yea
Eng — Yea
Feuer — Yea
Davis — Yea
Dickinson — Yea
Fuentes — Yea
Furutani — Not Voting
Galgiani — Yea
Garrick — Yea
Yamada — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Not Voting

Official roll call →

Do pass, to Consent Calendar.

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 16000
Democratic 1000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Gatto — Yea
Hill — Yea
Nielsen — Yea
Mitchell — Yea
Hall — Yea
Campos — Yea
Donnelly — Yea
Solorio — Yea
Blumenfield — Yea
Bradford — Yea
Harkey — Yea
Lara — Yea
Norby — Yea
Wagner — Yea
Davis — Yea
Fuentes — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

environment
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Frequently asked questions

What does AB 1933 do?
(1) The existing California Beverage Container Recycling and Litter Reduction Act requires a distributor of specified beverage containers to pay a redemption payment to the Department of Resource Recycling and Recovery, for each beverage container, as defined, sold or transferred, for deposit in the California Beverage Container Recycling Fund. From the fund, the department is continuously appropriated the amount necessary to pay handling fees to provide an incentive for the redemption of empty beverage containers in convenience zones. The department is required to pay a handling fee in an amount determined by subtracting the amount of the statewide average per-container cost to redeem beverage containers incurred by a certified recycler that does not receive a handling fee from the statewide average per-container cost incurred by recycling centers that receive handling fees, based on a survey the department is required to conduct at least once every 2 years to determine the actual cost for the redemption of beverage containers. This bill would require the per-container handling fee to be set, as of the effective date of this act, until March 1, 2013, at an amount that is not less than the amount of the per-container handling fee that was in effect on July 1, 2011. The bill would authorize the department to update the methodology and scrap values used for calculating the handling fee, as specified. The bill would make an appropriation by increasing the amount that the department is authorized to pay from a continuously appropriated fund. (2) Existing law requires any person importing more than a 100 pounds of aluminum, bimetal, or plastic beverage container material, or more than 1,000 pounds of glass beverage container material, into the state to report the material and to provide an opportunity for inspection and prohibits any person from falsifying documents required pursuant to the act or the regulations adopted by the department. A violation of the act is a crime. This bill would decrease the amount of materials for which a person is required to report to the department to 25 pounds of empty aluminum, bimetal, or plastic beverage container material, or more than 250 pounds of empty glass beverage container material, and would additionally require the person to provide the department with certain documentation regarding those materials. The bill would require a vehicle entering the state that contains more than 25 pounds of empty beverage container material to pass through the nearest plant quarantine inspection station and obtain proof of inspection from the department. The bill would authorize the department to enter into a interagency agreement with the Department of Food and Agriculture to implement this requirement. The bill would provide that an operator of a vehicle that contains more than 25 pounds of empty beverage container material is in violation of the act if the operator fails to stop at, or willfully avoids, a plant quarantine inspection station, as specified. The bill would provide that a 2nd or subsequent violation of this requirement within 3 years of a prior conviction is punishable as a misdemeanor. The bill would impose a state-mandated local program by creating new crimes. (3) 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. (4) This bill would declare that it is to take effect immediately as an urgency statute.
Who sponsors AB 1933?
AB 1933 is sponsored by Gordon.
What is the current status of AB 1933?
This bill has been enacted into law. Introduced February 22, 2012. Enacted.
Where can I track AB 1933?
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