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AB-665 Beverage containers: redemption payments.(2013-2014)

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Assembly Bill
No. 665

Introduced by Assembly Member Alejo

February 21, 2013

An act to amend Section 14574 of the Public Resources Code, relating to beverage containers.


AB 665, as introduced, Alejo. Beverage containers: redemption payments.
Existing law, the California Beverage Container Recycling and Litter Reduction Act, requires a beverage container distributor to pay a redemption payment no later than the last day of the month following the sale of the beverage container. Existing law requires the payment to be made to the Department of Resources Recycling and Recovery (CalRecycle), which 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 CalRecycle.
This bill would extend the date by which a distributor is required to pay the redemption payment to CalRecycle to 60 days following the sale.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


 Section 14574 of the Public Resources Code is amended to read:

 (a) (1) A distributor of beverage containers shall pay to the department the redemption payment for every beverage container, other than a refillable beverage container, sold or transferred to a dealer, less 1.5 percent for the distributor’s administrative costs.
(2) The payment made by a distributor shall be made not later than the last day of the month 60 days following the sale. The distributor shall make the payment in the form and manner that the department prescribes.
(b) (1) Notwithstanding subdivision (a), if a distributor displays a pattern of operation in compliance with this division and the regulations adopted pursuant to this division, to the satisfaction of the department, the distributor may make a single annual payment of redemption payments, if the distributor’s projected redemption payment for a calendar year totals less than seventy-five thousand dollars ($75,000).
(2) An annual redemption payment made pursuant to this subdivision is due and payable on or before February 1 for every beverage container sold or transferred by the distributor to a dealer in the previous calendar year.
(3) A distributor shall notify the department of its intent to make an annual redemption payment pursuant to this subdivision on or before January 31 of the calendar year for which the payment will be due.

(c)This section shall become effective on July 1, 2012.