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Home My WebLink About1987-12-22; City Council; 9252; Redemption Value for Wine Cooler Containers. bO C: .,... 1-1 C'd Q) .c: 0 ~ Q) (J C: cu C: .,... ! 'ti 1-1 ? 0 ,. C: l cu ~ I Q) ' (I) l 0 ~ I 11-4 11-4 cu ~ (I) 'ti Cl ~ CJ l Q) 1-1 t .,... { 'ti I 'ti C: C'd i .-I " N M C 0\ . 0 z . (I) Q) ~ '1:1 Q) ~ ,(l. 0 "O cu .-I .,... (J C: ::, 0 c.:> ...... 00 I N N I N .-I z 0 ~ C ..I 0 z :::, 0 CJ CIT~ OF CARLSBAD -AG EN rt"", B~LL I , (j) r---------.r---------------------------,,-------....... DEPT. HD.-J ✓.:_#· AB# 9,2.s-.;2 MTG. Q·3B•J>7 DEPT·. R/AG REDEMPTION VALUE FOR WINE COOLER & SPIRIT COOLER CONTAINERS RECOMMENDED ACTION: CITY ATTY\1£8. CITYMGR~ 1. Adopt Resolution No. '13.g J supporting Assembly Bill 612 (Sher). 2. Determine whether to set the attached model ordinance on establishing a local wine and spirit cooler container redemption and recycling pro- gram to City Council hearing for consideration of adoption. ITEM EXPLANATION: This last year the State of California enacted AB 2020, the Statewide beverage container recycling program. Unfortunately, AB 2020 did not iraclude wine and spirit cooler containers which, in effect, means that starting January 1, 1988, wine and spirit cooler containers will not be effected by the recyclir, program. To cover this void, AB 612 (Sher) is being considered by the State Legislature. However, it is not expected to be acted upon until after the first of the year. In order to assure a comprehensive recycling program is commenced by January 1, 1988, the SANDAG board of directors acted to support AB 612 (Sher) and is requesting that local governments also support AB 612 plus adopt a local wine and spirit cooler container redemption and recycling program to take effect January 1, 1988. A resolution is att&r:hed for your consideration that supports AB 612 and a model ordinance for your consideration. This .model ordinance has been adopted by a number of California cities. It establishes that a distributor may not sell, or offer to sell, a wine cooler or spirit cooler container to a dealer for sale by the dealer within the city unless the distributor charges and .the dealer agrees to pay a refund value of not less than five cents ($0.05). Further, the dealer who sells the wine cooler, or spirit cooler, in containers shall not refuse to pay the corn;umer a refund value for the container of less than five cents ($0,05}. The container must be marked that it has a refund value and must be a brand or type which the dealer sells . FISCAL IMPACT: Staff time involved in the implementation and enforcement :>f the proposed ordinance. EXHIBITS: 1. Resolution No. 93.:? /, urging enactment of Assembly Bill 612, 2. Letter from Kenneth E. Sulzer, SANDAG to Mayor Lewis, dated 11 /30/87. 3. Letter to SANDAG from Californians Against Waste, dated 11/9/87. -1 l 2 3 4 5 6 7 8 9 'i ! 10 ll 12 13 14 I I 15 I 16 i t 17 \ l f 18 i I. 19 I ! 20 ' 21 22 23 24 25 26 27 28 RESOLUTION NO. 9321 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, URGING ENACTMENT OF ASSEMBLY BILL 612 WHEREAS, Assembly Member Byron Sher has introduced Assembly Bill 612 into the California State Legistlature; and WHEHEAS, Assembly Bill 612 would broaden the scope of the California Beverage Container Recycling ar, .... litter Reduction Act, adopted by the Legislature in 1986, and wou(d provide that "wine coolers," as definea within Assembly Bill 612, would be contained within the definition of "beverage, 11 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 BiJJ 612 would help reduce roadside litter and Jitter in public places throughout the State of California, and would also increase the ability of the State of California to recycle and reuse impor- tant and valuable materials; and WHEREAS, the adoption of Assembly Bill 612 would be to the advantage of all Californians, and to the citizens of the City of Carlsbad. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 1. That the above recitations are true and correct. 2. That the City Council hereby supports Assembly Bill 612. PASSED, APPROVED AND ADOPTt:D at a regular meeting of the City Council of the City of Carlsbad held the _ 22nd day of Dece~_, 1987, by the following vote, to wit: I I II J. AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson 2 NOES: None 3 ABSENT: None 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATTEST: (SEAL) ~ San Diego ASSOCIATION OF GOVERNMENTS Suite 524, Security Pacific Plaza 1200 Third Avenue San Qiego, California 92101 (619) ·236-5300 Hon. Claude Lewis, Mayor City of Carlsbad . 1200 Elm Avenue Carlsbad, CA 92.008 Dear Mayor Lewis: EXHIBIT 2 November 30, 1987 At its -Novem'!ler 20, 1987 meeting the SANDAG Board of Directors acted to support AB 612 (Sher) which would include wine and spirit cooler contalners in the AB 2.02.0 statewide beverage container recycling program. The Board requested that local governments in the region support AB 612., and adopt a local wine and spirit cooler cont11iner redemption and recycling program which would take effect January 1, 1989, if AB 612 does not become law prior to that date. The resolution and staff report {including a copy of AB 6IZ) are attached. A model resolution supporting AB 6IZ, and a model local wine and spirit cooler recycling ordinance also .are attached. The Board's .action was based on the recommendation of SANDAG's Regional Recycling Strategy Advisory Committee. The Committee is comprised of elected 9fficials and staff from the region's local gove,;nments and repres~ntatives of the recycling inclustry and citfaen interest groups. The purpose of the Committee is to coordinate recycling programs in the region and ensure that recycling :qas an impor~ant, effective, and coordinated role in the region's man~gement of solid wastP. It is requested that the above action be scheduled for consideration by your Council in the near future, since an important state legir,la~ive committee vote on AB 612 is anticipated sometime in January 1988. Please have your staff contact Steve Sachs of the -SANDAG staff at 236-5346 if there are questions about AB 612. and the local wine and spirit cooler recycling ordinance. Mr. Sachs is available to assist in a presentation to your Council on this matter. J{ENNETH E. SULZER Executive Director KES/SS/rw cc: Councilmembers City Manager City Clerk MEMBER AGENCIES: Ci!ies of Carlsbad, Chula Vista, Coronado, Del Mar, El Cajon, Encinitas, Escondido, lmpe1ial Beach, La Mesa, Lemon Grove, National City, Oceanside, Poway, San Diego, San Marcos, S~ntee, 81)lana Beach, Vista and County of San Diego. ADVISORY/LIAISON MEMBERS: California Department of Transportation, U.S. Departm~ot of Defense and Tijuana/Baja California Norte. CITY /COUNTY MODEL RESOLUTION BEFORE THE [CITY COUNCIL/BOARD OF SUPERVISORS] OF THE [CITY /COUNTY] OF STATE OF CALIFORNIA RESOLUTION NO. ___ _ On the motion of --------duly seconded by _______ _ the following resolution is adopted RESOLUTION 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 equit- able way to increase the effectiveness of the California Beverage Container Recycling and Litter Reduction Act; and WHEREAS, the adoption of Assembly Bill 6 lZ would help reduce roadside litter and litter in public places throughout the State of California, and would also i11crease 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 advantge of all Californians, and to the citizens of [CITY /COUNTY]. NOW, THEREFORE, BE IT RESOLVED that the [CITY COUNCIL/BOARD O':' SUPERVISORS] hereby supports Assembly Bill 612. PASSED AND ADOPTED by the [COUNCIL/BOARD] of [CITY /COUNTY], State of California, this ___ day of ------..J 1987, by the following vote: AYES: NOES: ABSENT: (Mayor/Chairman of the Board] ATTEST: [City Clerk/Clerk of the Board] MODEL #3: (•Marked Container• System: Wine and Spirit Coolers) CITY/COUNTY MODEL ORDINANCE ESTABLISHING A REDEMPTION VALUE FOR WINE COOLER AND SPIRIT COOLER CONTAINERS . BE IT ORDAINED by the [Council/Board of Supervisors] of the [City/County] of follows: _______ , State of California, as WHEREAS, the [Council/Board] finds that littered wine cooler and spirit cooler containers constitute a danger to the health, welfare, and safety of the residents of the .[City/County], _and contribute significantly and in rapidly i~creasing proportion to the destruction of the natural beauty of the [City's/County's] streets, parks and other areas thereof; and WHEREAS, THE [Council/Board] further finds that the pr~ctice of discarding wine cooler and spirit cooler containers is a wasteful one, depleting our natural resources and squandering valuable energy, as well as seriously burdening the litter and solid waste collection and disposal programs of the [City/County]; and WHEREAS, the (Council/Board] further finds that under existing State law, the California Beverage Container Recycling and Litter Reduction Act (hereinafter •the Act•), among other . things, establishes a redemption value for every non-refillable •beverage• container sold within the State of California on or after September l, 1987; and WHEREAS, the [Council/Board] further finds that the Act, for purposes of its provisions, defines •beverage• as meaning beer and other malt beverages, carbonated mineral and ioda waters, and similar carbonated soft drinks, and therefore does not include wine cooler or spirit cooler within i'ts definition of •beverage•; and WHEREAS, the [Council/Board] further finds that the Act, while preempting the statewide field with respect to establishing redemption values for •beverage• containers, does not prohibit a [city/county] from implementing or enforcing any ordinance or regulation establishing a redemption value for wine cooler and spirit cooler containers; and WHEREAS, the [Council/Board] further finds that wine cooler sales have increased nationally from 150,000 cases in 1982 to over 40 million cases in 1986, and in California alone will represent approximately 40,000 tons of recyclable glass in 1987, and that spirit cooler sales can also be expected to increase sharply; and -2- 5539A WHEREAS, THr [Council/Board) further finds that wine cooler and spirit cooler are predominantly packaged in containers similar in size and shape to many "beverage• containers covered by the Act and are ~lso marketed and sold to the general public through similar channels of trade and commerce; and WHEREAS, the [Council/Board) further finds that the exclusion of wine cooler and spirit cooler containers from the Act may prevent the California recycling program mandated by th~ Act from being fully successful unless cities, counties, ~nd other public agencies enact ordinances and regulations est~blishing redemption values for wine cooler and spirit cooler containers; and WHEREAS, the [Council/Board] further finds that in other states and localities a deposit has been shown to function as an incentive for the reuse and recycling of •beverage• containers such as those covered by the Act, there~y alleviating litter and solid waste problems without the need for any significant government expenditures; and . WHEREAS, the [Council/Board] further finds, given the similarities between such •beverage• containers and wine cooler and spirit cooler containers, as well as the similarities between the channels of trade and commerce for such •beverages• -3- 5539A and wine cooler and spirit cooler, that the establishment of a deposit for wine cooler and spirit cooler containers ~ould likely achieve similar results; and WHEREAS, the [Council/Boerd] further finds and determines that the regulation of litter and solid waste disposal and management is in the public interest, NOW, THEREFORE, BE IT FURTHER ORDAINED AS FOLLOWS: Section 1. DEFINITIONS. For the purpose of this ordinance, the following terms shall be defined as follow~: (a) [•city/County•] shall mean all that territory within the [corporate limits/county limits/unincorporated area] of the [City/County] of _____ , State of California. (b) [•City Manager/County Executive•] shall mean the [city manager/county executive] of the [City/County] of _____ , or said [Manager's/Executive's] designated representative. (c) •consumer• shall mean every person who, for his or her use or consumption, purchases wine cooler or spirit cooler .. in a container from a dealer in the [city/county), 5539A (d) •container• shall mean any sealed device, however denominated, made of glass, metal, plastic, or other material or any combination of materials, which directly holds or contains wine cooler or spirit cooler. •container• does not include cups or other similar open or loosely sealed rticeptacles. (e) •oealer• shall mean any person who engages in the sale to a consumer of wine cooler or spirit cooler in a container or containers in the [city/county]. (f) •Empty• as used herein to describe a container, shall mean a container which is all of the following: (i) Has the original seal or closure broken or removed; (ii) Does not contain foreign materials other than the residue of wine cooler or spirit cooler originally packaged in the container; (iii) Bears the refund value marking pursuant to section 2(c) herein; and (iv) Is not broken, crushed, or dismembered. (9) •Distributor• shall mean any person who engages in the sale of wine cooler or spirit cooler in a container or containers to a dealer in the [city/county]. •Distributor• -5- 5539A includes any person who imports or otherwise transports wine cooler or spirit cooler in containers from outside the [city/county] for sale to a dealer in the [city/county]. (h) •Person• shall mean any individual person or group of indivi~ual persons, or partnership, association, corporation, or any other entity of any type ~hatsoever. (i) •Place of business• as used herein with respect to a dealer, shall mca~ t~e location at which a dealer sells, or offers for sale, wine cooler or spirit cooler in i container or containers. •Place of business• as used herein with respect to a dist~ibutor, shall mean any location from which said distributor directly transports wine cooler or spirit cooler in containers to any dealer, if said location is within the State of California. (j) •sale• (or •sold• or ~sell•) shall mean any commercial transaction (other than by vending machine) by any dealer in which wine cooler or spirit coo,er in a container or containers is transferred to a consumer for a monetary consideration for the purpose of off-premise consumption, or any commercial transaction by which a distributor transfers wine cooler or spirit cooler in a container or co~tainers to a dealer for a monetary consideration for the purpose of sale by the dealer for off-pr~mise consumption. -6- 5S39A t~) •spirit Cooler• shall mean a liquid !nten~ed for human cont_mption containing distilled spirits to which is added concentrat~~ or unconcentrated juice or flavoring material and containing not more than eight (8) percent alcohol by volume. (l) •vending Machine• shall mean any mechanical device which, upon insertion of eoins, sells or dispenses wine cooler or spirit ~ooler in containers. (rn) •wine Cooler• shall mean a liquid intended for human consumption containing wine to which is added concentrated or unconcentrated juice or flavoring material and containing not more than seven (7) percent alcohol by velum~. Section 2. PISTRISUTION REOUIREMENIS: (a) Every wine cooler or spirit cooler container sold or offered for sale by a distributor to a dealer for sale by the dealer within the [City/County] shall have a refund value of not less than five cents ($.OS) for redemption by 1 d~~ler from the distributor. (b) It shall be unlawful for a distributor to knowingly sell or offer to sell a wine cooler or 1pir1t cooler container to a dealer for sale by the dealer within the [City/County] and for a dealer to purchase such I container for -7- 5539A such purposes from I distributor unless the dist'ributor charges and the dealer agrees to pay a refund value of not less-than five cents ($.05). (c) Every wine cooler or spirit cooler container sold or offered for sale by a dealer within the [City/County] shill clearly indicate by e~bossing or by a stamp or label or other method, securely affixed to the container by the distributor, that the container has a refund value. (d) It shall be unlawful for a distributor to knowingly sell or offer to sell a wine cooler or spirit cooler container to a dealer for sale by the dealer within the [City/County] and for a dealer to purchase such a container for •~ch purposes or to store or offer to sell such a ~ontainer for such purposes unless the container is embossed, stamped or labeled with, or by other method indicates the message required by subparagraph (c), above. §ection 3. RETAIL REQUIREMENTS: (a) Every wine cooler or spirit cooler container sold or offered for sale by a dealer within the (City/County] shall have a refund value of not less than five cents ($.05) .. for redemption by a consumer from the dealer. -8- SS39A ........ f (b) It shall be unlawful for a dealer to $ell or offer to sell a wine cooler or spirit cooler container ~ithin the [City/County] unless the dealer charges a refund value of not less than five cents ($.05). Sectioh_j. DISTRIBUTOR REDEMPTION REQUIREMENTS: (a) It shall be unlawful for a distributor to refuse to accept from a dealer any empty wine cooler or spirit cooler container which has been marked in the rnanner prescribed by Section 2(c), above, of the kind, size and brand sold by the distributor, or to refuse to pay to the dealer a refund value for such container of not less than five cents ($.05). (b) . It shall be unlawful for a distributor to refuse to accept from a consumer any empty wine cooler or spirit cooler container which has been marked in the manner prescribed by Section 2(c) herein, of the kind, size and brand sold by the distributor when the container has been delivered by the consumer to the distributor's place of business, or to refuse to pay to the consumer for such container a refund value of not less than five cents ($.OS) . • sections. RETAIL REDEMPTION REQUIREMENTS: It shall be unlawful for a dealer who sells wine cooler or spirit cooler in containers to refuse to redeem a wine cooler or spirit -9- 5539A cooler container from a consumer or refuse to pay a refund value for the container of not less than five cents ($.OS) to the consumer, when the request for redemption is made at the dealer's place of business within the [City/County] and the container is embossed, stamped or labeled with, or by other method indicates a mes.sage that the container has a refund valu~, unless either: (a) The container is not empty; or (b) The container contained a brand or type of wine cooler or spirit cooler which the dealer is not offering for sale at the time redemption is requested and has not offered for sale for a period of at least ninety (90) days. Section 6. INSPECTION AUTHORITY; The [City Manager/County Executive] or the [Manager's/F~ecutive's] designat~d representative is authorized to enter the business premises during business hours of any deeler engaged in the s~le of wine cooler or spirit cooler in containers in the [City/County] for the sole purpose of inspecting said premises and determining whether the dealer is in compliance with this ordinance. Section 7. VIOLATION AND Fl.HE: Any dealer or , distributor found in violation of any provision of this ordinance shall be guilty of a misdemeanor and shall be -10- 5539A punished by• fine not exceeding Three Hundred Dollars ($300). For purposes of this ordinance, each day of a continuing violation shall constitute a separat~ offense. Section 8. &EVERABILITt PRQYISIQli: The provisions of this ordinance are hereby declared to be severable and if any provision, sentence, clause, section or part hereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circurnsta~ces,. such illegality, invalidity, or unconstitutionality or inapplicability shall not af feet or impair any of the remaining provisions, sentences, clauses_, sections or parts of this ordinance or their application to persons and circumstances. Further, this ordinance is not intended to infringe upon,. or conflict with, any powers reserved to the State under Article XX, Section 22 of the Constitution of the State of California. Section 9. EFFECTIVE DAU: This ordinance shall become operative and be enforceable on January 1, 1989. Section 10. CONDITION OF CONTINUITY. The provisi9ns of section 10 herein notwithstanding, if the State of California enacts a statute which establishes a refund value for, or amends the •California Beverage Container Recycling and Litter Reduction Act• to include, or otherwise occupies the -ll- 5539A field of regulation of, wine cooler and spirit c~oler containers sold to consumers in this State, this chapter.shall, by its own terms, cease to be of any force or effect on the date such statute or regulation becomes effective. Should the State of California so act with respect only tc wine cooler containers, or with respect only to spirit cooler containers, this chapter shall, by its own terms, cease to be of any force or effect only with ~esp~ct to the category of containers covered by the State enactment, on the date such statute or regulation becomes effective, and shall continue•in effect with respect to the category of containers not so covered. section 11. AMENDMENT QB REPEAL U fCOUNCIL/BOAROl: The provisions of this ordinance may from time to time be amended and at any time repealed by ordinances duly enacted by the [City Council/Board of Supervisors) • • • •• • • -12- 5539A San Oif90 Auocl~ion of GQVtrftlMl'\U BOARD OF DIRECTORS November zo, 198 7 REGIONAL RECYCLING STRATEGY ADVISORY COMMITTEE: RECOMMENDATIONS ON BEVERAGE CONTAINER RECYCLING Introduction AGENDA REPORT No.: h The Regional Recycling Strategy Advisory Committee was formed by the Board of Directora in July 1987. The purpose of the Committee is to coordinate recyclini programs in thE region and ensure that recycling has an important, effective, and coordinated rol<: in the region's management of solid waste. The Committee is composed of elected official, and staff from the region's local governments and representatives of the recycling industry and citizen interest groups. San Diego City Councilmember Judy McCarty chairs the Committee and Supervisor Susan Golding is tlle vice-chair. The Committee has been meeting since early September. To date, the Committee bu emphasized two main areas in developing the Regional Recycling Strategy: public infor- mation and participation and legislative advocacy. AB 2020 -The California Bnerqe Container Recycling and Litter Reduction Act of 1986 -has been the focus of discuuion at several meetings. AB 2020 sets up a redemption process to encourage the recycling of 10ft drink, mineral water and malt liquor beverage containers. At its November 12, 1987 meeting, the Committee recommended that the SANDAG Board and all local governments in the region take actions to add wine and spirit containers to the redemption and recycliq process. Wine coolers are a growing p.art of the beverage industry and are packaged and marketed similarly to the other beverages covered in AB 2020. It is my RECOMMENDATION that the Board of Directors support AB 612 (Sher) which would include wine and spirit cooler containers in the AB 2020 statewide beverage container recyclina program a!ld request local governments in the region to support AB 612, and to adopt a local wine and spirit cooler container redemption and recycling program which would take effect January 1, 1989, if AB 612 does not become law prior to that date. Discussion AB 2020 -California Beverage Container Recycling Program AB 2020 ··,quires that beverage distributors pay one cent into a recycling fund for e.ery labeled co¥atainer they market, and that recycling centers where consumers can redeem the containers must be established within a half-mile radius of every major supermarket. There are about 170 such "convenience zones" in the San Diego region. The law went into effect on October 11 1987. If a recycling center has not been established in a half-mile convenience zone by January l, 1988, all retailers within the zone will have to redeem the containers in their stores or pay a $100 per day fine until a center is established. The overall aoal 11 to recycle 65% of all beverage containers by tbe end of 1989 and 80% by 1992. I£ these goals are not met the redemption value of containers will increase to 2¢, then 3¢ per container. AB 612. Adds Wine and Spirit Cooler Containers to the AB 2020 Program Wine and spirit coolers were not included in AB 2020 as a result of strong objections from the wine industry. However, these beve~ages have packaging, marketing and use patterns similar to the other beverages covered in AB ZO?O, and are a growing part of the industry. Forty million cases of "cooler" type beverages were sold in California during 1986. AB 612 (Sher) would broaden AB 2.020 to include wine and spirit cool'!rs. AB 612 was introduced in 1987 and was carried over to the second half of the two-year state legislative session. A number of cities and counties in California have adopted or are considering adoption of a local ordi- nance which would set up a redemption value and recycling process for wine and spirit coolers. These ordinances are based on a model ordinance developed by Californians Against Waste, a statewide recyclil,g organization that was included in the drafting and passage of AB 2.020. Ho\7ever, the model ordinance would put different requirements on wine coolers than on other beverages and local jurisdictions m~y choose to develop their own version of the model. The model ordinance establishes a five-cent redemption value for wine and spirit cooler containers which the dealer must charge the consumer. The dealer must then redeem the empty container from the consumer for five cents. The distributor/dealt:r transaction also must include the additional five cent redemption value. The ordinance specifies the respon- sibilities of the distributor and dealer and penalties for non-compliance. Local government costs would include the work involved in adopting the ordinance and any public information and enforcement activities a particular jurisdiction chooses to pursue. The model ordinance and versions adopted by a city and county were reviewed by the City of San Diego Attorney and the County Counsel at the request of the Committee. Both con- cJuded that the ordinance would be applicable to their jurisdictions. Committee Recommendation The Committee recommendation to support AB 612 gives first priority to the inclusion of wine and spirit cooler containers in the sta,tewide recycling program, which would be the preferable course of action, Local implementation of the model ordinance is recommended if AB 612 does not become law. A copy of AB 612 is attached to this report, along with the report on this issue reviewed by the Committee. If the Board acts in support of the recommendation, a package of materials and a request for action will be prepared and distributed to all local governments in the region, and the Board's action wil be sent to Assemblyman Sher and the San Diego state legislative delegatio.i. Executive Direct Attachments .. lf;:;i~jxTIOXOF ~ GO\'ER.X~IEXTS RESOLIJTIOl\I Security Pacific Plaza, Si.;ite 524 1200 Third Avenue San Diego, California 92101 619/236-5300 No. SUPPORTING AB 612. (SHER) AND REQUESTING LOCAL GOVERNMENTS IN THE SAN DIEGO REGION TO SUPPORT AB 612 AND TO ADOPT A LOCAL WINE AND SPIRIT COOLER REDEMPTION AND RECYCLING PROGRAM TO BECOME EFFECTIVE JANUARY 1, 1989 IF AB 61Z DOES NOT PASS 88-24 WHEREAS, AB 202.0, the Califomia Beverage Container Recycling and Litter Reduction Act of 1986, sets up a redemption process to encourage the recycling of soft drink, mineral water and malt liquor beverage containers; and WHEREAS, AB 612 (Sher) would add wine and spirit cooler containers, which are currently not covered, to the AB 2020 redemption and recycling process; and WHEREAS, a number of cities and counties in California have adopted or are consi~ering adopting an ordinance to implement wine and spirit cooler redemption and recycling at the local level; and WHEREAS, wine and spirit coolers are a growing part of the beverage industry, and are packaged , marketed, and used in a manner similar to the b~ver- ages tha•, are now covered by AB 2.020; and WHEREAS, the Regional Recycling Strategy Committee has recom- mended support of AB 612., giving first priority to the inclusion of wine and spirit coolers in the existing statewide recycling program, and local implementation if AB 612. does not pass; NOW THEREFORE BE IT RESOLVED that the Board of Directors r.upport AB 612. (Sher) which would include wine and spirit cooler containers in the AB 202.0 statewide beverage containP.r recycling program and request local governments in the region to support AB 612., and to adopt a local wine and spirit cooler container redemp- tion and recycling program which would take effect January 1, 1989, if AB 612 does not become law prior to that date. PASSED AND ADOPTED this 20th day of November, 1987. CHAIRMAN MEMBER AGENCIES: Cities of Carlsbad. Chula Vista, Coronado, Del Mar, El Cajon, Encinitas, Escondido, Imperial Beach, La Mesa, Lemon Grove, National City, Oceanside, Poway, San Diego, San Marcos, Santee, Solana Beach, Vista, and County of San Diego. • rw1SORY/LIAISON MEMBERS: California Department of Transportation, U.S. Department of Defense, and Tijuana/Baja Califomla Norte. • San Diego ASSOCL\TIOX OF GOYERX~JEXTS Suitt 524, Security Pacific P1az1 1200 Third Avenue San Diego, C1liforni1 92101 161SIJ 236,5300 November 10, 1917 TO: Reaional Recycllna Strateay Advilory Committee SUBJECT: Local Jurisdiction Options reaardina Wine Cooler Container Recycling At the October 29th meeting, the Regional Recyclin1 Strateay Advisory Committee discussed the issues surrounding wine cooler container recyclina. Wine and aplrlt cooler containers were exempted from the AB 2020 recyclin1 pro1ram, The County Counsel and City of San Diego Attorney have reviewed local wine cooler ordinances adopted by the County of Santa Cruz and the City of Davis (both based on a model ordinanct: prepared by Californians Against Waste -CAW), It was conclude~ that these ordinances would be applicable in the County and the City of San Dieao, As an alternative to local implementation of wine cooler recycling, le1i1latlon bu be~"' introduced (Assembly Bill 612) which would provide for the inclusion of theae containers in the AB 2020 program, AB 612 h currently in the leaislative commit• tee review process, and it is expected that it will reach the Assembly qenda after the first of the year. Pros and Cons Following is a summary of the pros and cons re1arding the adoption of local wine cooler recycling ordinances like the model ordinance developed by CAW, ~ o Wine coolers are a growing part of the beverag(! industry. o The beer industry is discrimi• nated aaainst when wine and spirit coolers are not included, o Their inclusion would reduce the depletion of our natural re- sources. 1 .£2!!! o Wine industry baa expreased opposition to havina their containers included in the 1tate proaram, o The wine industry bas threat- ened some cities who enact aucb ordinance with lawsuits. o Does the state law preempt local attempts to include a.acb containers. ~JEMBER AGENCIES C1t1es of Carlsbad Cnula Vista Coronado Del Mar, El Ca1on, Enc1n11as. Escondido. Imperial Beach, La MIia. .i'-•on Grove National City Oceanside Poway San Diogo. San Marcos. Santee Solana Beach Vista and County of Sin Citgo. ADVl~OPi' LIAISON MEMBERS Cat,lorn1a Department of Transportation U.S Department of Defense and T11uana/Baja C.hfomia Norte. .f!2!. o Their Inclusion in a recycling program would help to reduce the ,amount of such containers in the City and County waste- stream. o The language used in AB 20?0 expresses the state's intent not to address these containers, therefore leaving control of those containers exempted from state law in the control of local aovernments. o Retailers could develop a meth- od using stickers to differenti- ate the containers included in any local ordinance, Options o Does the data collected from City and County waste compo- sition studies indicate a sub- stantial contribution to the solid w astestream? o Problems could arise between jurisdictions that enact such ordinances and those that do not (spillover effect). o Confusion for consumers who must acimowledee two separate recycling redemption programs, state and local. o Public awareness of AB 2020 has not been promoted enouah and, therefore, there could exist a better time in the future where cities and counties could include wine and spirit cooler containers in their recyclina programs. o Local retailers may not support such ordinances since it would require them to store the re- turned containers on their premises. o Distinctive markets for re- cyclable glass items may need to be further developed and promoted. o Costs of enforcement of the ordinance requirements. There are several options the Committee can choose: to pursue in addrerssine the issue of wine cooler recycling. The main choices are to encourage local govern• ments in the region to: o Adopt the model local wine cooler recycU~g ordinance developed by CAW. (Summary attached, CAW model ordinance and County of Santa Cruz and City of Davis ordinances were distributed in the October 1 agenda package,) 2 .,, AU 6.i2 -2- statement of legislative intent concerning t/Je -reason £or "t/Je dc/;1yccl opcr:,tivc c/;,tc. The bill would also make an approprfatiou, bccuusc specified fees :mcl the redemption values imposed on these beverage containers would be der,osited ittte in the California Beverage Co11t:1iner Hccycling Fund. {2) The California Constitution requires the state to i-cimburse loc.il :1gcncics and school districts for certain costs mandated by the stale. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this .ict for a specified reason. Vot~: ¾. Appropriation: yes. }o'iscal committee: ye.s. State-mandated local program: yes. T/Jc people of the St:lle of 01/ifomi,1 do cm,('t :1s follows: 1 SECrION 1. Section 14504 of the Public Resources 2 Code is amended to read: 3 1':!504. • 0 Beverage" means beer and other. malt 4 beverages, carbonated mineral and soda waters, and 5 simifar carbonated soft drinks in liquid form which arc 6 intended for human consumption. 1 111is section slwll rem:1i11 ill effect only until Ap1·i/ 1, 8 1988, and .,s of that d.1te is r~pealed, unless a lc1ter enacted 9 statute, which is em,cted befvre April 11 1988, deletes or • 10 extends tliat date. 11 SEC. 2. Section 14504 is :,c/c/ed to the Public Resources 12 Code, to 1·ead: 13 14504. "Bcvcrnge.. means beer and other malt 14 bevcrnges, wine .md distilled spirit coolers, carbonated 15 mineral and soda waters, and similar c:1rbonated soft 16 drinks in liquid form which are intended for human 17 consumption. 18 SEG:B: 19 This sectioi1 s/wJJ become oper.itive 011 April 1, 1988. 20 SEC. 3. Section 1452.8.5 is added to the Public 21 Resources Code, to read: 22 14528.5. ..Wine a11d distilled spirit cooler" means a "..3 beverage containing wine or distilled spirits t9 which is 91 80 -:J-t\U \11-• 1 ~ ad~~d concentrated or uncQncentrated juice or flnvoring 2 . m:t ierfol and containing not more than 7 percent alcol_iol 3,_ ·by1 ,volume. 4 ·SEG:3: . 5 This s~ction shall become operative 011 Apr;/ 1, 1988. 6 SEC. 4. Since .manuu,cturers of whie nnd dfstillccl 1 spirit cooiers-'were not origin:1//y subject to Di .. 1isio11 12.1 8 (commencing :n(ith Section 14500) of the Public 9 Resowces Code nnd therefore require addition:,I time lo 10 comply with its prqvi~ions, . ft • ;~ the~ intent of the 11 Legislature to delay the operative date cffSections.2 :md 12 3 of thfs act to April 1, 1988. 13 SEC. 5. No reimbursement is required by lhis~ct 14 pursuant to Section 6 of Article XIII D of the Calif'-....Jtia 15 Constitution because the only costs which may be l6 incurred by a local ogency or school distric~ will be • 17 incurred because this act creates a new <:rime 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· inf raci:ion. I 0 98 100 ,, •~-• e~ ---_ _,,, ~__,. -~--~---•~-, •• ,._~-----~----~-~-... ,.,.__._,,, ________ ·-~ - AMENDED IN ASSEMllLY MAY 27, 1981. CAUFOIINIA LECISLATUIIE-1987 ... m-:cuun S~ION ASSEMBLY BILL No. 612 Introduced by Assembly Members Sher, Speier, U.ites, ·Connelly, Friedman, Hannigan, • Kut¥., La Follette, Margolin, O'Connell, und Hoos February 13, 1987 . ) An act to amend, add, and repeal Section 14504 of, and lo add Section 14528.5 to, the Public Resources Code, rcl.,ting to beverage containers, nnd making an appropriation therefor. u-:cm.ATIVE COUNSl~"S DICl•:. .. -.- AD 612, tts amended, Sher. Dcvcrnge containers: wine coolers. • • (1) Under existing law, the California Devenigc Container Recycling and Litter Reduction Act, among other things, establishes a redemption value of at least 1¢ for every beverngc cont:iincr which is not u refillable bcvcrngc contniner sold in the state on and after September 1, 1987, and provides for increasr.:s, under specified circumstances, of these values to at least 2t on und after December 31, 1989, or. after December 31, 1992, 3¢. These vnlues and other fees c1 _J deposited in the Caiitbrnia Devcmgc Co11t:,im.•1· Hccycling Fund, which is continuously :lpproprialccl 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 ~a.ters, and ,similar carbonated soft drinks. A violation of the net is an infraction. This biJI would additionally include wine n11d distilled spirit coolers, as defined, within the definition of beverage :ts of Apn1 1, 1988. thereby imposing a state-mandntctl hocal :,rogrum by creating a new crime, The bill would m:rke .r "" ""' --, -----Cs74W I Californians Against Waste November 9, 1987 Teddi Fargo San Diego Association of Governments Suite 524 Security Pacific Plaza 1200 3rd Avenue San Diego, CA 92101 Dear Teddi: EXHIBIT 3 As per our conversation, what follows is a brief discription of the issues involved in the wine cooler deposit ordinance. The intent of the local ordinance is two-fold. First, we want to insure that the more than 200 million single-serving glass wine and spirit cooler containers sold in California annually will not wind up as litter in our parks, on our beaches; tossed and broken on our roadsides; or unnecessarily occupying space in our dwindling landfills. Secondly, it is hoped that the adoption of dozens of local ordinances throughout the state will serve to pressure the wine and liquor industry into supporting inclusion of wine coolers in the state recycling program, and thereby getting thier supporters in the Assembly to vote yes on AB 612. AB 612 by Byron Sher, is currently a two-year bill. We must build up enough pressure to get it passed Assembly Ways & Means (where it was defeated last Spring) and the Assembly floor by January 31, or the bill dies. That's why it is important that this ordinance be taken up prior to January 1, 1988. The Wine Institute has argued that they are opposed to AB 612, and subsequently the local ordinances, because 1) "They don't want to overburden the new state recycling program with a new category of beverage container," and 2) "Wine coolers represent only a small percentage of the beverage market, and therefore their exclusion from AB 2020 has a negligible impact on the litter and solid waste problem.~ Aside from the fact that these to points seem to contradict each other, the first point is completely ridiculous. The only thing that will hurt the state program is if there is not enough containers collected. As for the second point, no matter how you slice it, the more than 200 million wine coolers sold in California are not insignificant. Currently, with no redemption-value, less than 5-percent of these containers are recycled. In addition to Moreno Valley, and Santa Cruz County, the city of Davis. ~~i also adopte~ the ordinance. It has "passed" first reading in Hemet on a. 4-0 vote .. Additionally, the following jurisdictions have, or intend to introduce the ordinance: Los Angeles, Riverside, Laguna Beach, Oakland, sacr.amento, ·Santa Monica, .Berkeley, Palo Alto, San·ta .cr.uz, .Sco.t,;s .Valley, Bell, West HollY,W~,9t,:w·ca2H,(?la.,. Watsonville, -~nd Monter.ey, Contra ,Costa ·and s.olano Countys. ,...., .__ _________ 909 12th Street, #201, Sacramento, CA 95814 _________ __. (916) 443-5422 myci.d paper