20250SB__067498AMD INTRODUCED 2025-02-21 AMENDED_SENATE 2025-03-24 2025 SB AMD Introduced by Senator Cabaldon (Principal coauthor: Assembly Member Aguiar-Curry) LEAD_AUTHOR SENATE Cabaldon PRINCIPAL_COAUTHOR ASSEMBLY Aguiar-Curry

An act to amend, repeal, and add

Section of the Public Resources Code, relating to beverage containers. beverage containers Beverage containers: recycling: redemption payment and refund value. The California Beverage Container Recycling and Litter Reduction Act, a violation of which is a crime, requires a distributor of beverage containers, as defined, to pay to the Department of Resources Recycling and Recovery a monthly redemption payment for every beverage container sold or transferred, as provided. The act requires the department to deposit those amounts into the California Beverage Container Recycling Fund.

The fund is continuously appropriated to, among other things, pay refund values and administrative fees to processors that receive empty beverage containers from recyclers. The act specifies that a beverage container that is a box, bladder, or pouch, or similar container, containing wine or distilled spirits has a redemption payment and refund value of $0.25. This bill would reduce the redemption payment and refund value for one of those wine or distilled spirit beverage containers, if it has a capacity of less than fluid ounces, from $0.25 to $0.10, beginning January 1, 2026.

By expanding the scope of a crime, the bill would impose a state-mandated local program. 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. The Electronic Waste Recycling Act of requires a retailer selling a covered electronic device in this state to collect from a consumer at the time of retail sale a covered electronic waste recycling fee, as specified.

The act requires all charges collected pursuant to the act to be deposited into specified subaccounts within the Electronic Waste Recovery and Recycling Account, and outlines certain other requirements related to the establishment, adjustment, and administration of the charge.

Moneys in the account may be expended, upon appropriation by the Legislature in the annual Budget Act, for other specified purposes, including the administration of the act by the Department of Resources Recycling and Recovery (CalRecycle) and the Department of Toxic Substances Control (DTSC) and to provide funding to DTSC to implement and enforce the hazardous waste control laws as they relate to covered electronic devices.

The act expressly authorizes DTSC to enforce the act, and all regulations adopted pursuant to the act, through the hazardous waste control laws.</xhtml:p><xhtml:p>This bill would make a nonsubstantive change to the above provision regarding DTSC enforcement of the act through the hazardous waste control laws.</xhtml:p>"?> MAJORITY NO YES YES NO NO NO NO NO NO NO The people of the State of California do enact as follows:

SECTION 1.

Section of the Public Resources Code is amended to read: 14560. (a)

(1) Except as provided in paragraph (3), a beverage distributor shall pay the department, for deposit into the fund, a redemption payment of four cents ($0.04) for a beverage container sold or offered for sale in the state by the distributor.

(2) A beverage container with a capacity of fluid ounces or more shall be considered as two beverage containers for purposes of redemption payments paid pursuant to paragraph (1). (3) (

A) The amount of the redemption payment and refund value for a beverage container with a capacity of less than fluid ounces sold or offered for sale in the state by a dealer shall equal five cents ($0.05), and the amount of redemption payment and refund value for a beverage container with a capacity of fluid ounces or more shall be ten cents ($0.10), if the aggregate recycling rate reported pursuant to

Section for all beverage containers subject to this division is less than percent for the 12-month reporting period from January 1, 2006, to December 31, 2006, or for any calendar year thereafter. (

B) A distributor shall not be required to pay a redemption payment pursuant to this

section for a beverage container used solely to pour wine, beer, or distilled spirits sold or offered to consumers for consumption on the premises by a wine, beer, or distilled spirits tasting room licensed pursuant to the Alcoholic Beverage Control Act (Division 9 (commencing with

Section 23000) of the Business and Professions Code). (4) (

A) Notwithstanding

Section 14511, with respect to the payment of redemption payments for beverages manufactured outside the state and sold directly to consumers within the state with a direct shipper permit, the distributor shall be deemed to be the person or entity named on the direct shipper permit issued pursuant to

Section 23661.3 of the Business and Professions Code, and shall be responsible for paying to the department the total redemption payment for all sales and transfers made directly to consumers in the state. If the department is unable to collect the redemption payment from the person or entity named on the direct shipper permit, the department shall give written notice by certified mail, return receipt requested, to that person or entity. The notice shall state that the person or entity shall not be permitted to offer that beverage brand for sale within the state.

If the person or entity fails to remit the redemption payment within days of issuance of the notice, the department shall notify the Department of Alcoholic Beverage Control that the permitholder has failed to comply, and the Department of Alcoholic Beverage Control shall prohibit the offering for sale of that beverage brand within the state. (

B) The department and the Department of Alcoholic Beverage Control shall enter into a contract, pursuant to

Section 14536.5, concerning the implementation of this paragraph, which shall include a provision reimbursing the Department of Alcoholic Beverage Control for its costs incurred in implementing this paragraph. The department may expend the amount necessary for that reimbursement from the fund. (

b) Except as provided in paragraph (3) of subdivision (a), a beverage container sold or offered for sale in the state has a refund value of four cents ($0.04) if the beverage container has a capacity of less than fluid ounces and eight cents ($0.08) if the beverage container has a capacity of fluid ounces or more. (

c) Commencing January 1, 2024, and notwithstanding subdivisions (

a) and (b), a beverage container that is a box, bladder, or pouch, or similar container, containing wine or distilled spirits, as described in paragraph (12) of subdivision (

a) of

Section 14504, sold or offered for sale in the state shall have a redemption payment and refund value of twenty-five cents ($0.25). (

d) This

section does not apply to a refillable beverage container. (e)<xhtml:span class="EnSpace"/>This

section shall become operative on January 1, 2024.</xhtml:p>"?> (

e) This

section shall remain in effect only until January 1, 2026, and as of that date is repealed.

SEC. 2.

Section is added to the Public Resources Code , to read: 14560. (a)

(1) Except as provided in paragraph (3), a beverage distributor shall pay the department, for deposit into the fund, a redemption payment of four cents ($0.04) for a beverage container sold or offered for sale in the state by the distributor.

(2) A beverage container with a capacity of fluid ounces or more shall be considered as two beverage containers for purposes of redemption payments paid pursuant to paragraph (1). (3) (

A) The amount of the redemption payment and refund value for a beverage container with a capacity of less than fluid ounces sold or offered for sale in the state by a dealer shall equal five cents ($0.05), and the amount of redemption payment and refund value for a beverage container with a capacity of fluid ounces or more shall be ten cents ($0.10), if the aggregate recycling rate reported pursuant to

Section for all beverage containers subject to this division is less than percent for the 12-month reporting period from January 1, 2006, to December 31, 2006, or for any calendar year thereafter. (

B) A distributor shall not be required to pay a redemption payment pursuant to this

section for a beverage container used solely to pour wine, beer, or distilled spirits sold or offered to consumers for consumption on the premises by a wine, beer, or distilled spirits tasting room licensed pursuant to the Alcoholic Beverage Control Act (Division 9 (commencing with

Section 23000) of the Business and Professions Code). (4) (

A) Notwithstanding

Section 14511, with respect to the payment of redemption payments for beverages manufactured outside the state and sold directly to consumers within the state with a direct shipper permit, the distributor shall be deemed to be the person or entity named on the direct shipper permit issued pursuant to

Section 23661.3 of the Business and Professions Code, and shall be responsible for paying to the department the total redemption payment for all sales and transfers made directly to consumers in the state. If the department is unable to collect the redemption payment from the person or entity named on the direct shipper permit, the department shall give written notice by certified mail, return receipt requested, to that person or entity. The notice shall state that the person or entity shall not be permitted to offer that beverage brand for sale within the state.

If the person or entity fails to remit the redemption payment within days of issuance of the notice, the department shall notify the Department of Alcoholic Beverage Control that the permitholder has failed to comply, and the Department of Alcoholic Beverage Control shall prohibit the offering for sale of that beverage brand within the state. (

B) The department and the Department of Alcoholic Beverage Control shall enter into a contract, pursuant to

Section 14536.5, concerning the implementation of this paragraph, which shall include a provision reimbursing the Department of Alcoholic Beverage Control for its costs incurred in implementing this paragraph. The department may expend the amount necessary for that reimbursement from the fund. (

b) Except as provided in paragraph (3) of subdivision (a), a beverage container sold or offered for sale in the state has a refund value of four cents ($0.04) if the beverage container has a capacity of less than fluid ounces and eight cents ($0.08) if the beverage container has a capacity of fluid ounces or more. (c)

(1) Notwithstanding subdivisions (

a) and (b), a beverage container that is a box, bladder, or pouch, or similar container, containing wine or distilled spirits, as described in paragraph (12) of subdivision (

a) of

Section 14504, sold or offered for sale in the state shall have a redemption payment and refund value of ten cents ($0.10) if the beverage container has a capacity of less than fluid ounces and twenty-five cents ($0.25) if the beverage container has a capacity of fluid ounces or more.

(2) A dealer shall have until January 15, 2026, to comply with the provisions of subdivision (

c) of

Section 14560.5 regarding shelf labels for a beverage that has a different redemption payment on January 1, 2026, than it had on December 31, 2025. (

d) This

section does not apply to a refillable beverage container. (

e) This

section shall become operative on January 1, 2026.

SEC. 3. No reimbursement is required by this act pursuant to

Section of

Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of

Section of the Government Code, or changes the definition of a crime within the meaning of

Section of

Article XIII B of the California Constitution. <caml:Num>SECTION 1.</caml:Num><caml:ActionLine action="IS_AMENDED" xlink:href="urn:caml:codes:PRC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'30.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'8.5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'5.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'42474.5.'%5D)" xlink:label="fractionType: LAW_SECTION" xlink:type="locator">Section 42474.5 of the <caml:DocName>Public Resources Code</caml:DocName> is amended to read:</caml:ActionLine><caml:Fragment><caml:LawSection id="id_59B87995-6153-44F8-A805-7DCD6D40205F"><caml:Num>42474.5.</caml:Num><caml:LawSectionVersion id="id_89A84296-9EC6-4C0E-82B1-51D150E6DA77"><caml:Content><xhtml:p>Notwithstanding any other provision of law, this

chapter and all regulations adopted pursuant to this

chapter may be enforced by DTSC pursuant to

Chapter 6.5 (commencing with

Section 25100) of Division of the Health and Safety Code.</xhtml:p></caml:Content></caml:LawSectionVersion></caml:LawSection></caml:Fragment></caml:BillSection>"?>