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HomeMy WebLinkAbout1988 CC RESO 15,498RESOLUTION NO. 15,498 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY URGING ENACTMENT OF ASSEMBLY BILL 612 WHEREAS, Assembly Member Byron Sher has introduced Assembly Bill 612 into the California State Legislature; and WHEREAS, Assembly Bill 612 would broaden the scope of the California Beverage Container Recycling and Litter Reduction Act, adopted by the Legislature in 1986, and would provide that "wine coolers," as defined within Assembly Bill 612, would be contained within the definition of "beverage," for purposes of the California Beverage Container Recycling and Litter Reduction Act; and WHEREAS, the inclusion of wine coolers as "beverages" is a logical and equitable way to increase the effectiveness of the California Beverage Container Recycling and Litter Reduction Act; and WHEREAS, the adoption of Assembly Bill 612 would help reduce roadside litter and litter in public places throughout the State of California, and would also increase the ability of the State of California to recycle and reuse important and valuable materials; and WHEREAS, the adoption of Assembly Bill 612 would be to the advantage of all Californians, and to the citizens of National City. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby supports Assembly Bill 612. PASSED and ADOPTED this 5th day of January, 1988. ATTEST: /G (.-71% George H.`Waters, Mayor e Campbell, City CXerk APPROVED AS TO FORM: George H. Eiser, III - City Attorney n1VIL1VUL'1J LIv /JJL'MISLY MAY El, 1J251• CALIFORNIA LEGISLATURE.-IJM-Btt IU:CULAII SESSION ASSEMBLY BILL No. 612 Introduced by Assembly Members Sher, Speicr, Bates, • Connelly, Friedman, Hannigan, Katz; La Follette, Margolin, O'Connell, and Roos February 13, 1987 • An act to amend, add, and repeal Section 14504 of, and to add Section 14528.5 to, the Public Resources Code, relating to beverage containers, and making an appropriation therefor. LECISLATIVE COUNSELS DICtsr AB 612, as amended, Sher. Beverage containers: wine coolers. • (1) Under existing law, the California Beverage Container Recycling and Litter Reduction Act, among other things, establishes a redemption value of at least 1v for every beverage container which is not a refillable beverage container sold in the state on and after September 1, 1987, and provides for increases, under specified circumstances, of these values to at least 2V on and after December 31, 1989, or after December 31, 1992, aft. These values and other fccs arc deposited in the California Beverage Container Recycling Fund, which is continuously appropriated to the Department of Conservation. The act defines "beverage," for the purposes of the act, as meaning beer and other malt beverages, carbonated mineral and soda waters, and similar carbonated soft drinks. A violation of the act is an infraction. This bill would additionally include wine and distilled spirit coolers, as defined, within the definition of beverage as of April 1,. 1988, thereby imposing a state -mandated local program by creating a new crime. The bill would make a IN 411 statement of legislative intent concerning the reason for 'the delayed operative date. The bill would also make an appropriation, because specified fees and the redemption values imposed on these beverage containers would be deposited iette in the California Beverage Container Recycling Fund. (2) 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. Vote: %. Appropriation: yes. Fiscal committee: yes. State -mandated local program: yes. The people of the State of California do enact as follows: 1 SECTION 1. Section 14504 of' the Public Resources 2 Code is amended to read: 3 14504. - "Beverage" means beer and other . malt 4 beverages, carbonated mineral and soda waters, and 5 similar carbonated soft drinks in liquid form which arc 6 intended for human consumption. 7 This section shall remain in effect only until April 1, 8 1988, and as of that date is repealed, unless a later enacted 9 statute, which is enacted before April 1, 1988, deletes or 10 extends that date. 11 SEC. 2. Section 14504 is added to the Public Resources 12 Code, to read: 13 19504. "Beverage" means beer and other malt 14 beverages, wine and distilled spirit coolers, carbonated 15 mineral and soda waters, and similar carbonated soft 16 drinks in liquid form which are intended for human 17 consumption. 18 SEC. 19 This section shall become operative on April 1, 1988. 20 SEC. 3. Section 14528.5 is added to the Public 21 Resources Code, to read: 22 1452,8.5. "Wine and distilled spirit cooler" means a 23 beverage containing wine or distilled -spirits to which is 1 • added concentrated or unconcentrated juice or flavoring 2 material and containing not more than 7 percent alcohol 3 ' by.volume. 4 SEG: 3: 5 This section shall become operative on April 1, 1988. 6 SECC, 4. Since manufacturers of wine and distilled - 7 spirit coolers were not originally subject to Division 12.1 8 (commencing .with Section 14500) of the Public 9 Resources Code and therefore require additional time lc 10 comply with its provisions, it' is the intent of the 11 Legislature to delay the operative date of Sections.2 arc - 12 3 of this act to April 1, 1988. 13 SEC. 5. No reimbursement is required by this act 14 pursuant to Section 6 of Article XIII B of the Californi:: 15 Constitution because the only costs which may bc 16 incurred by a Local agency or school district will bc 17 incurred because this act creates a new crime or 18 infraction, changes the definition of a crime or infraction, 19 changes the penalty for a crime or infraction, or 20 eliminates a crime or infraction. 0 98 80 98 100