California 2015-2016 Regular Session Status: Passed Senate

SB 842 — California Beverage Container Recycling and Litter Reduction Act.

Last action — Re-referred to Com. on RLS.

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

This bill died with 2015-2016 Regular 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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, requires a distributor to pay a redemption payment for every beverage container sold or offered for sale in the state. The act requires the Department of Resources Recycling and Recovery to annually designate convenience zones, as defined, statewide, and requires at least one certified recycling center or location within every convenience zone that accepts all types of empty beverage containers and pays the refund value, if any, at one location, and that is open for business 30 hours per week. This bill would exempt from the requirement that each convenience zone be served by at least one certified recycling center a convenience zone that was served by, or exempted because of, a recycling center that closed between January 1, 2016, and March 31, 2016, inclusive, or that closed as a result of an action taken by the department on or after July 1, 2016. (2) Under the act, the department is required to calculate a processing fee for each beverage container with a specified scrap value, which is required to be paid by beverage manufacturers for each beverage container sold or transferred to a distributor or dealer. The department is required to calculate the processing fee in a specified manner, so that the actual processing fee generally equals 65% of the processing payment that the department is required to pay to processors if the scrap value of the container having a refund value pursuant to the act is less than the cost of recycling. The department is required to establish a processing fee account in the continuously appropriated California Beverage Container Recycling Fund for each material type and to deposit processing fees and other amounts in the applicable account. This bill would, for purposes of calculating processing payments on and after July 1, 2016, require the department, until April 1, 2017, to use the actual cost of recycling that was in effect on December 30, 2015, to calculate processing fees. The bill would make an appropriation by changing the terms and conditions under which the department is authorized to make payments from a continuously appropriated fund. The bill would provide that the processing fees shall not be higher than they would be absent these provisions. Existing law authorizes the department to reduce, subject to the availability of funds, the processing fee based on the recycling rate of the container by expending funds deposited in the processing fee account for that material type, in accordance with a specified formula. This bill would provide a definition for the phrase, "subject to the availability of funds," and state that definition is declaratory of existing law. The bill would prohibit the department, until April 1, 2017, from finding that funds are unavailable for purposes of that processing fee reduction. Existing law authorizes the department to adjust the processing payment upon making specified determinations with regard to, among other things, the statewide scrap value for the most recent available 12-month period and the amount of funds in the processing fee account. This bill would instead require, for purposes of adjusting the processing payment, use of the statewide scrap value as determined for the most recent available 3-month period. (3) The act continuously appropriates to the department the amount necessary to pay handling fees to provide an incentive for the redemption of empty beverage containers in convenience zones. Existing law specifies procedures for determining the number of containers for which a handling fee may be paid and requires the department to set the amount of the handling fee using a specified method, but formerly required the per-container handling fee to be set until March 1, 2013, at an amount not less than the amount of the per-container handling fee that was in effect on July 1, 2011. This bill would require the per-container handling fee to be set until April 1, 2017, at an amount that is not less than the amount of the per-container handling fee that was in effect on July 1, 2015. The bill would authorize the department to expend, once the per-container handling fee is funded, up to $3,000,000 for the 2016–17 fiscal year for supplemental incentive handling fee payments to low-volume recycling centers. The bill would make an appropriation by changing the terms and conditions under which the department is authorized to make payments from a continuously appropriated fund. (4) After setting aside funds for the payment of refund values and administrative fees, and for a reserve for contingencies, existing law continuously appropriates the remaining moneys in the fund to the department for expenditure for designated programs, grants, and fee payments, including, but not limited to, the processing fees and payments specified in (2) and the handling fees specified in (3) . This bill would make inoperative on April 1, 2017, the continuous appropriations of the remaining moneys in the fund, and related provisions. (5) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

Bill Text

Action History

  1. Re-referred to Com. on RLS.

  2. In Senate. Concurrence in Assembly amendments pending.

  3. Read third time. Passed. (Ayes 75. Noes 0. Page 5511.) Ordered to the Senate.

  4. Ordered to third reading.

  5. Withdrawn from committee.

  6. Assembly Rule 63 suspended. (Ayes 48. Noes 27. Page 5509.)

  7. Assembly Rule 96 suspended. (Ayes 48. Noes 27. Page 5509.)

  8. From committee with author's amendments. Read second time and amended. Re-referred to Com. on BUDGET.

  9. From committee with author's amendments. Read second time and amended. Re-referred to Com. on BUDGET.

  10. Referred to Com. on BUDGET.

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

  12. Read third time. Passed. (Ayes 25. Noes 11. Page 3541.) Ordered to the Assembly.

  13. Read second time. Ordered to third reading.

  14. Ordered to second reading.

  15. Withdrawn from committee.

  16. Referred to Com. on B. & F.R.

  17. From printer. May be acted upon on or after February 7.

  18. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Committee on Budget and Fiscal Review · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 4 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

SB 842 B. & F. R. Senate Third Reading By TING

Passed 75 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 65005
Democratic 5000
Republican 5000
Total 75005
% of votes cast 94%0%0%6%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Baker — Yea
Bigelow — Yea
Bloom — Yea
Brough — Yea
Brown — Yea
Levine — Yea
Low — Yea
Maienschein — Yea
Mathis — Yea
Quirk — Yea
Steinorth — Yea
Wagner — Yea
Eggman — Yea
Daly — Yea
Frazier — Yea
Gatto — Yea
Campos — Yea
Jones-Sawyer — Yea
Salas — Yea
Chávez — Yea
Bonilla — Yea
Mayes — Yea
Gray — Yea
Melendez — Yea
Alejo — Yea
Cooper — Yea
Dababneh — Yea
Dodd — Yea
Mullin — Yea
Nazarian — Yea
O'Donnell — Yea
Obernolte — Yea
Olsen — Yea
Lopez — Yea
Gomez — Yea
Gordon — Yea
Holden — Yea
Kim — Yea
Linder — Yea
Burke — Yea
Chang — Yea
Chau — Yea
Chiu — Yea
Cooley — Yea
McCarty — Yea
Ridley-Thomas — Yea
Rodriguez — Yea
Santiago — Yea
Waldron — Yea
Weber — Yea
Wilk — Yea
Williams — Yea
Atkins — Not Voting
Chu — Yea
Harper — Not Voting
Medina — Not Voting
Rendon — Not Voting
Thurmond — Not Voting
Ting — Yea
Wood — Yea
Hadley — Yea
Beth Gaines — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Yea
Arambula, Joaquin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Yea
Gallagher, James Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Lackey, Tom Republican Yea

Official roll call →

3rd Reading SB842 Committee On B. & F.R.

Passed 25 Yea · 11 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 241003
Democratic 1101
Total 251104
% of votes cast 63%28%0%10%
How each member voted (40)
Member Party Vote
Anderson — Nay
Bates — Nay
Hernandez — Yea
Hertzberg — Yea
Leno — Yea
Mendoza — Yea
Morrell — Nay
Wolk — Yea
Fuller — Nay
Galgiani — Yea
Allen — Yea
Mitchell — Yea
De León — Yea
Glazer — Yea
Cannella — Not Voting
Runner — Not Voting
Hall — Yea
Hancock — Yea
Beall — Yea
Block — Yea
Hill — Yea
Hueso — Yea
Huff — Not Voting
Lara — Yea
Leyva — Yea
Liu — Yea
Monning — Yea
Moorlach — Nay
Nielsen — Nay
Pan — Yea
Pavley — Yea
Roth — Yea
Vidak — Nay
Wieckowski — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Not Voting
Nguyen, Stephanie Democratic Nay

Official roll call →

Subjects

environment labor energy
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Frequently asked questions

What does SB 842 do?
(1) Existing law, the California Beverage Container Recycling and Litter Reduction Act, requires a distributor to pay a redemption payment for every beverage container sold or offered for sale in the state. The act requires the Department of Resources Recycling and Recovery to annually designate convenience zones, as defined, statewide, and requires at least one certified recycling center or location within every convenience zone that accepts all types of empty beverage containers and pays the refund value, if any, at one location, and that is open for business 30 hours per week. This bill would exempt from the requirement that each convenience zone be served by at least one certified recycling center a convenience zone that was served by, or exempted because of, a recycling center that closed between January 1, 2016, and March 31, 2016, inclusive, or that closed as a result of an action taken by the department on or after July 1, 2016. (2) Under the act, the department is required to calculate a processing fee for each beverage container with a specified scrap value, which is required to be paid by beverage manufacturers for each beverage container sold or transferred to a distributor or dealer. The department is required to calculate the processing fee in a specified manner, so that the actual processing fee generally equals 65% of the processing payment that the department is required to pay to processors if the scrap value of the container having a refund value pursuant to the act is less than the cost of recycling. The department is required to establish a processing fee account in the continuously appropriated California Beverage Container Recycling Fund for each material type and to deposit processing fees and other amounts in the applicable account. This bill would, for purposes of calculating processing payments on and after July 1, 2016, require the department, until April 1, 2017, to use the actual cost of recycling that was in effect on December 30, 2015, to calculate processing fees. The bill would make an appropriation by changing the terms and conditions under which the department is authorized to make payments from a continuously appropriated fund. The bill would provide that the processing fees shall not be higher than they would be absent these provisions. Existing law authorizes the department to reduce, subject to the availability of funds, the processing fee based on the recycling rate of the container by expending funds deposited in the processing fee account for that material type, in accordance with a specified formula. This bill would provide a definition for the phrase, "subject to the availability of funds," and state that definition is declaratory of existing law. The bill would prohibit the department, until April 1, 2017, from finding that funds are unavailable for purposes of that processing fee reduction. Existing law authorizes the department to adjust the processing payment upon making specified determinations with regard to, among other things, the statewide scrap value for the most recent available 12-month period and the amount of funds in the processing fee account. This bill would instead require, for purposes of adjusting the processing payment, use of the statewide scrap value as determined for the most recent available 3-month period. (3) The act continuously appropriates to the department the amount necessary to pay handling fees to provide an incentive for the redemption of empty beverage containers in convenience zones. Existing law specifies procedures for determining the number of containers for which a handling fee may be paid and requires the department to set the amount of the handling fee using a specified method, but formerly required the per-container handling fee to be set until March 1, 2013, at an amount not less than the amount of the per-container handling fee that was in effect on July 1, 2011. This bill would require the per-container handling fee to be set until April 1, 2017, at an amount that is not less than the amount of the per-container handling fee that was in effect on July 1, 2015. The bill would authorize the department to expend, once the per-container handling fee is funded, up to $3,000,000 for the 2016–17 fiscal year for supplemental incentive handling fee payments to low-volume recycling centers. The bill would make an appropriation by changing the terms and conditions under which the department is authorized to make payments from a continuously appropriated fund. (4) After setting aside funds for the payment of refund values and administrative fees, and for a reserve for contingencies, existing law continuously appropriates the remaining moneys in the fund to the department for expenditure for designated programs, grants, and fee payments, including, but not limited to, the processing fees and payments specified in (2) and the handling fees specified in (3) . This bill would make inoperative on April 1, 2017, the continuous appropriations of the remaining moneys in the fund, and related provisions. (5) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
Who sponsors SB 842?
SB 842 is sponsored by Committee on Budget and Fiscal Review.
What is the current status of SB 842?
This bill died with 2015-2016 Regular 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 842?
Track SB 842 free on One Click Politics — get push/email alerts when it moves.

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