California 2009-2010, 8th Special Session Status: Passed Senate

SB 7 — Environmental pollution: program funding.

Last action — From Assembly without further action.

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

This bill died with 2009-2010, 8th Special Session. It reached “Passed Senate” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 a distributor to pay a redemption payment no later than the 3rd month following the sale of a beverage container to the Division of Recycling in the Department of Resources Recycling and Recovery. The division is required to deposit those amounts in the California Beverage Container Recycling Fund. Under existing law, the money in the fund is continuously appropriated to the division to pay, among other things, handling fees to provide an incentive for the redemption of empty beverage containers in convenience zones. A violation of the act is a crime. This bill would instead require, between February 1, 2010, and June 30, 2012, a distributor to submit the redemption payment to the department not later than the 2nd month following the sale, thereby imposing a state-mandated local program by changing the definition of a crime. The bill would require the department, on or before January 10, 2012, to submit to the relevant policy and budget committees of the Legislature an assessment of the effect of ending the bimonthly payment on the solvency of the fund. The bill would revise the conditions under which a distributor may make an annual payment of redemption payments. (2) Existing law provides that after setting aside funds for the payment of refund values and administrative fees, and for a reserve for contingencies, the remaining moneys in the California Beverage Container Recycling Fund are continuously appropriated to the division for expenditure for designated programs, grants, and fee payments. This bill would prohibit the department from expending, for the 2010 and 2011 calendar years, funds annually authorized for grants for beverage container recycling and litter reduction programs, the statewide public education and information campaign, grants for recycling market development, and grants for certain programs. The bill would revise certain amounts that the department is authorized to expend from those moneys remaining in the funds. The bill would require the department, subject to the availability of funds, to retroactively pay in full any payments that have been proportionally reduced during the period of January 1, 2010, through June 30, 2010. Since the bill would revise the conditions under which funds are expended from a continuously appropriated fund, the bill would make an appropriation. (3) Existing law continuously appropriates state and federal funds in the State Water Pollution Control Revolving Fund to the State Water Resources Control Board for loans and other financial assistance for the construction of publicly owned treatment works by a municipality, the implementation of management programs, the development and implementation of a conservation and management plan, and other related purposes in accordance with the federal Clean Water Act. Existing law, for the purposes of these provisions, defines "financial assistance" to include grants for eligible projects to the extent those grants are funded by a specified federal law. Existing law authorizes the state board to make loans for eligible projects at or below market interest rates. This bill would authorize the state board to make loans at negative interest rates and would allow for principal forgiveness to the extent authorized and funded by a federal capitalization grant. The bill would revise the term "financial assistance" to include other assistance that is authorized by a federal capitalization grant to the extent authorized and funded by that grant. By expanding the purposes for which moneys in the continuously appropriated revolving fund may be expended, the bill would make an appropriation. (4) 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. (5) The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. The Governor issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on January 8, 2010. This bill would state that it addresses the fiscal emergency declared by the Governor by proclamation issued on January 8, 2010, pursuant to the California Constitution. (6) This bill would declare that it is to take effect immediately as an urgency statute.

Bill Text

Action History

  1. From Assembly without further action.

  2. Read third time. Amended. To third reading.

  3. Read second time. To third reading.

  4. Permission granted to take up without reference to committee or file.

  5. In Assembly. Read first time. Held at Desk.

  6. Read third time. Passed. (Ayes 21. Noes 0. Page 29.) To Assembly.

  7. Read second time. To third reading.

  8. Placed on second reading file.

  9. Withdrawn from committee.

  10. Introduced. Read first time. To Com. on RLS.

Sponsors

  • Committee on Budget and Fiscal Review · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 1 voted No

Sponsors (1)

  • Committee on Budget and Fiscal Review

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

SB7 B.& F. R. Senate Third Reading Amend By EVANS Set #1 Eighth Extraordinary Session

Passed 52 Yea · 23 Nay · 16 Other
Party YeaNayPresentNot Voting
Unaffiliated 4622015
Democratic 5000
Republican 1101
Total 5223016
% of votes cast 57%25%0%18%
How each member voted (91)
Member Party Vote
Emmerson — Nay
Eng — Yea
DeVore — Not Voting
Fuentes — Yea
Galgiani — Yea
Garrick — Nay
Hagman — Nay
Chesbro — Yea
Cook — Nay
Evans — Yea
Feuer — Yea
Fuller — Nay
Charles — Yea
Furutani — Yea
Hall — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Bonnie — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Coto — Yea
Davis — Yea
Tom — Nay
Berryhill — Nay
Hernandez — Yea
Hill — Yea
Anderson — Nay
Bass — Yea
Blakeslee — Nay
Huffman — Yea
Lieu — Yea
Mendoza — Yea
Nava — Yea
Skinner — Yea
Swanson — Yea
Torres — Yea
Torrico — Yea
Gaines — Nay
Yamada — Not Voting
Bill — Not Voting
Berryhill — Not Voting
Fletcher — Not Voting
V. — Not Voting
Manuel — Not Voting
Perez — Not Voting
Saldana — Not Voting
Audra — Not Voting
Carter — Not Voting
Conway — Not Voting
Gilmore — Nay
Jeffries — Nay
Knight — Nay
Miller — Nay
Nestande — Nay
Nielsen — Nay
Norby — Nay
Smyth — Nay
Tran — Nay
Adams — Not Voting
Ammiano — Yea
Beall — Yea
Block — Not Voting
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Nay
Hayashi — Yea
Huber — Yea
Logue — Nay
Ma — Yea
Monning — Yea
Ruskin — Yea
Silva — Nay
Solorio — Yea
Torlakson — Yea
Villines — Not Voting
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Lowenthal, Josh Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Not Voting

Official roll call →

SENATE 3RD READING SB7 COMMITTEE ON B. & F.R. (DUCHENY)

Passed 22 Yea · 0 Nay · 18 Other
Party YeaNayPresentNot Voting
Unaffiliated 190017
Democratic 3000
Republican 0001
Total 220018
% of votes cast 55%0%0%45%
How each member voted (40)
Member Party Vote
Wyland — Not Voting
Corbett — Not Voting
Correa — Not Voting
Cox — Not Voting
Denham — Not Voting
Florez — Not Voting
Yee — Yea
Hancock — Yea
Cedillo — Yea
Kehoe — Yea
Liu — Yea
Negrete — Yea
DeSaulnier — Yea
Ducheny — Yea
McLeod — Yea
Price — Yea
Romero — Yea
Simitian — Yea
Wiggins — Yea
Wolk — Yea
Runner — Not Voting
Cogdill — Not Voting
Huff — Not Voting
Dutton — Not Voting
Oropeza — Not Voting
Walters — Not Voting
Wright — Yea
Aanestad — Not Voting
Alquist — Yea
Ashburn — Not Voting
Harman — Not Voting
Hollingsworth — Not Voting
Leno — Yea
Maldonado — Not Voting
Pavley — Yea
Steinberg — Yea
Calderon, Lisa Democratic Yea
Lowenthal, Josh Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Not Voting

Official roll call →

Subjects

environment labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 7 do?
(1) Existing law, the California Beverage Container Recycling and Litter Reduction Act (act) , requires a distributor to pay a redemption payment no later than the 3rd month following the sale of a beverage container to the Division of Recycling in the Department of Resources Recycling and Recovery. The division is required to deposit those amounts in the California Beverage Container Recycling Fund. Under existing law, the money in the fund is continuously appropriated to the division to pay, among other things, handling fees to provide an incentive for the redemption of empty beverage containers in convenience zones. A violation of the act is a crime. This bill would instead require, between February 1, 2010, and June 30, 2012, a distributor to submit the redemption payment to the department not later than the 2nd month following the sale, thereby imposing a state-mandated local program by changing the definition of a crime. The bill would require the department, on or before January 10, 2012, to submit to the relevant policy and budget committees of the Legislature an assessment of the effect of ending the bimonthly payment on the solvency of the fund. The bill would revise the conditions under which a distributor may make an annual payment of redemption payments. (2) Existing law provides that after setting aside funds for the payment of refund values and administrative fees, and for a reserve for contingencies, the remaining moneys in the California Beverage Container Recycling Fund are continuously appropriated to the division for expenditure for designated programs, grants, and fee payments. This bill would prohibit the department from expending, for the 2010 and 2011 calendar years, funds annually authorized for grants for beverage container recycling and litter reduction programs, the statewide public education and information campaign, grants for recycling market development, and grants for certain programs. The bill would revise certain amounts that the department is authorized to expend from those moneys remaining in the funds. The bill would require the department, subject to the availability of funds, to retroactively pay in full any payments that have been proportionally reduced during the period of January 1, 2010, through June 30, 2010. Since the bill would revise the conditions under which funds are expended from a continuously appropriated fund, the bill would make an appropriation. (3) Existing law continuously appropriates state and federal funds in the State Water Pollution Control Revolving Fund to the State Water Resources Control Board for loans and other financial assistance for the construction of publicly owned treatment works by a municipality, the implementation of management programs, the development and implementation of a conservation and management plan, and other related purposes in accordance with the federal Clean Water Act. Existing law, for the purposes of these provisions, defines "financial assistance" to include grants for eligible projects to the extent those grants are funded by a specified federal law. Existing law authorizes the state board to make loans for eligible projects at or below market interest rates. This bill would authorize the state board to make loans at negative interest rates and would allow for principal forgiveness to the extent authorized and funded by a federal capitalization grant. The bill would revise the term "financial assistance" to include other assistance that is authorized by a federal capitalization grant to the extent authorized and funded by that grant. By expanding the purposes for which moneys in the continuously appropriated revolving fund may be expended, the bill would make an appropriation. (4) 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. (5) The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. The Governor issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on January 8, 2010. This bill would state that it addresses the fiscal emergency declared by the Governor by proclamation issued on January 8, 2010, pursuant to the California Constitution. (6) This bill would declare that it is to take effect immediately as an urgency statute.
Who sponsors SB 7?
SB 7 is sponsored by Committee on Budget and Fiscal Review.
What is the current status of SB 7?
This bill died with 2009-2010, 8th Special Session. It reached “Passed Senate” 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 SB 7?
Track SB 7 free on One Click Politics — get push/email alerts when it moves.

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