Beverage containers: redemption payments: exemption.

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 act defines "beverage" to include, among other things, noncarbonated water, carbonated and noncarbonated fruit drinks, and vegetable juice, as specified. This bill would exempt a distributor from making redemption payments to the department for filled beverage containers containing the above-described beverages that the distributor donates to (1) an organization located in California that is exempt from federal income taxation, (2) a public school, or (3) a first responder, as specified. The bill would require the distributor to prepare and maintain records of the donations, as specified. By expanding the scope of a crime, the bill would impose a state-mandated local program. The bill would authorize the department to adopt emergency regulations to implement these provisions, and would provide that these emergency regulations are not to be repealed by the Office of Administrative Law and are to remain in effect until revised by the Director of Resources Recycling and Recovery. 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.