AB 1067: Beverage containers.
- Session Year: 2021-2022
- House: Assembly
- Latest Version Date: 2022-01-12
The California Beverage Container Recycling and Litter Reduction Act, which is administered by the Department of Resources Recycling and Recovery, is established to promote beverage container recycling, and provides for the payment, collection, and distribution of certain payments and fees based on minimum refund values established for beverage containers. The act requires the department to annually designate convenience zones statewide and requires at least one certified recycling center or location within every convenience zone, as defined, that accepts all types of empty beverage containers and pays the refund value, if any, at one location.
The act requires dealers within a convenience zone where no recycling location has been established, or within a convenience zone that is unserved for 60 days and not exempt from convenience zone requirements, to alternatively (1) submit an affidavit to the department stating that the dealer has met specified standards for empty beverage container redemption or (2) pay $100 per day to the department, for deposit into the continuously appropriated California Beverage Container Recycling Fund, until a recycling location is established or until the dealer meets the standards for redemption specified in the affidavit provisions.
This bill would require the department to conduct a study inquiring whether the $100 per day payment to the department provides sufficient inducement for dealers to meet the standards for redemption. The bill would require the department to submit to the Legislature a report regarding the study by July 1, 2023.
The California Beverage Container Recycling and Litter Reduction Act, which is administered by the Department of Resources Recycling and Recovery, is established to promote beverage container recycling, and provides for the payment, collection, and distribution of certain payments and fees based on minimum refund values established for beverage containers. The act requires the department to annually designate convenience zones statewide and requires at least one certified recycling center or location within every convenience zone, as defined, that accepts all types of empty beverage containers and pays the refund value, if any, at one location.
The act requires dealers within a convenience zone where no recycling location has been established, or within a convenience zone that is unserved for 60 days and not exempt from convenience zone requirements, to alternatively (1) submit an affidavit to the department stating that the dealer has met specified standards for empty beverage container redemption or (2) pay $100 per day to the department, for deposit into the continuously appropriated California Beverage Container Recycling Fund, until a recycling location is established or until the dealer meets the standards for redemption specified in the affidavit provisions.
This bill would require the department to conduct a study inquiring whether the $100 per day payment to the department provides sufficient inducement for dealers to meet the standards for redemption. The bill would require the department to submit to the Legislature a report regarding the study by July 1, 2023.
(1)The California Beverage Container Recycling and Litter Reduction Act, which is administered by the Department of Resources Recycling and Recovery, is established to promote beverage container recycling and provides for the payment, collection, and distribution of certain payments and fees based on minimum refund values established for beverage containers. The act establishes a beverage container recycling goal of 80%.This bill would revise that beverage container recycling goal to establish beverage container recycling rate goals of 80% by 2025, 85% by 2030, and 90% by 2035. The bill would also make a conforming change.(2)The act requires the department to annually designate convenience zones statewide and requires at least one certified recycling center or location within every convenience zone that accepts all types of empty beverage containers and pays the refund value, if any, at one location. The act defines convenience zone as an area within a 1/2-mile radius of a supermarket or, alternatively, authorizes the department, in a rural region and upon petition by an interested person, if certain conditions are met, to increase a convenience zone to include the area within a 3-mile radius of a supermarket or to designate as a convenience zone the area within a 3-mile radius of a dealer. This bill would revise that definition of convenience zone to also include, for an urban area, as defined by the department, the area within a one-mile radius of a supermarket on and after January 1, 2023, and until January 1, 2024; the area within a 1.5-mile radius of a supermarket on and after January 1, 2024, and until January 1, 2025; and the area within a 2-mile radius of a supermarket on and after January 1, 2025. The bill would authorize a recycling center that is eligible to receive handling fees as of the date of the expansion of a convenience zone to remain eligible to receive handling fees regardless of whether an additional recycling center or centers locates in that convenience zone.The bill also would revise the acts definition of recycling location by including a bag drop location, as defined, as an eligible recycling location.(3)The act provides that a recycling center that is a reverse vending machine that accepts all types of empty beverage containers, except as specified, is open for business if it provides an attendant to accept all types of empty beverage containers for no less than 10 hours per week, as provided, and is operable and properly functioning for no less than 70 hours per week. The act defines reverse vending machine to mean a mechanical device that accepts one or more types of empty beverage containers and issues a cash refund or a redeemable credit slip with a value not less than the containers refund value.This bill would repeal the requirement that a reverse vending machine provide an attendant in order to be considered open for business. The bill would revise the acts definition of reverse vending machine to additionally allow a reverse vending machine to issue, at the option of the person returning the empty beverage containers, store credit.(4)The act establishes the California Beverage Container Recycling Fund and, except for administrative costs, continuously appropriates moneys in the fund to the department for specified purposes, including the amount necessary to make processing payments for beverage containers with a scrap value less than the cost of recycling and the amount necessary to pay handling fees to certain types of recyclers to provide an incentive for the redemption of empty beverage containers in convenience zones.This bill would require the department to increase the monetary amount of processing payments by specified percentages ranging from 10% to 50% for container types with specified recycling rates ranging from 50% to 75% or greater, respectively. The bill would additionally require the department to make a supplemental handling fee payment from the fund of an unspecified amount to each rural region recycler to subsidize the rural region recyclers transportation costs. The bill would authorize the department to expend from the fund unspecified amounts annually to local governments to update their beverage container recycling infrastructure and to provide recycling education and direct feedback to their community members, as prescribed. By increasing the amounts expended from the continuously appropriated fund, the bill would make an appropriation.(5)The act authorizes the department to approve up to 5 limited-term recycling pilot projects that are designed to improve redemption opportunities in unserved convenience zones. The act makes those pilot project recyclers eligible to apply for handling fees from the department. The act makes these provisions inoperative on July 1, 2022, and repeals them on January 1, 2023.This bill would delete those inoperative and repeal dates, thereby extending the operation of the pilot project program indefinitely. By extending the operation of the pilot project program, under which pilot project recyclers are eligible to receive handling fees paid from the fund, the bill would make an appropriation by increasing expenditures from the continuously appropriated fund. The bill would also make conforming changes.(6)The act provides for enforcement of its provisions by the department, including, among other methods, establishing and implementing an auditing system. A violation of the act is an infraction.This bill would require the department to create and fill 5 additional permanent, full-time audit positions at the department and would authorize the department to purchase data to cross-verify its list of distributors. The bill would impose various requirements on the department in connection with administering the act, including conducting surveys of recycling service levels in each county every 6 months and posting the collected information on its internet website and submitting it to the Legislature; submitting to the Legislature proposed statutory changes to transition from a redemption payment and refund value of $0.05 and $0.10 to $0.10 and $0.20, respectively; submitting to the Legislature proposed statutory changes to make certain dealers that redeem empty beverage containers eligible to receive reimbursement for that redemption and to receive handling fees; and designing a program to ensure the fund does not go insolvent when the beverage container recycling rate exceeds 75%.By increasing the scope of various crimes relating to beverage containers, this bill would impose a state-mandated local program.(7)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.(1)The California Beverage Container Recycling and Litter Reduction Act, which is administered by the Department of Resources Recycling and Recovery, is established to promote beverage container recycling and provides for the payment, collection, and distribution of certain payments and fees based on minimum refund values established for beverage containers. The act establishes a beverage container recycling goal of 80%.
This bill would revise that beverage container recycling goal to establish beverage container recycling rate goals of 80% by 2025, 85% by 2030, and 90% by 2035. The bill would also make a conforming change.
(2)The act requires the department to annually designate convenience zones statewide and requires at least one certified recycling center or location within every convenience zone that accepts all types of empty beverage containers and pays the refund value, if any, at one location. The act defines convenience zone as an area within a 1/2-mile radius of a supermarket or, alternatively, authorizes the department, in a rural region and upon petition by an interested person, if certain conditions are met, to increase a convenience zone to include the area within a 3-mile radius of a supermarket or to designate as a convenience zone the area within a 3-mile radius of a dealer.
This bill would revise that definition of convenience zone to also include, for an urban area, as defined by the department, the area within a one-mile radius of a supermarket on and after January 1, 2023, and until January 1, 2024; the area within a 1.5-mile radius of a supermarket on and after January 1, 2024, and until January 1, 2025; and the area within a 2-mile radius of a supermarket on and after January 1, 2025. The bill would authorize a recycling center that is eligible to receive handling fees as of the date of the expansion of a convenience zone to remain eligible to receive handling fees regardless of whether an additional recycling center or centers locates in that convenience zone.
The bill also would revise the acts definition of recycling location by including a bag drop location, as defined, as an eligible recycling location.
(3)The act provides that a recycling center that is a reverse vending machine that accepts all types of empty beverage containers, except as specified, is open for business if it provides an attendant to accept all types of empty beverage containers for no less than 10 hours per week, as provided, and is operable and properly functioning for no less than 70 hours per week. The act defines reverse vending machine to mean a mechanical device that accepts one or more types of empty beverage containers and issues a cash refund or a redeemable credit slip with a value not less than the containers refund value.
This bill would repeal the requirement that a reverse vending machine provide an attendant in order to be considered open for business. The bill would revise the acts definition of reverse vending machine to additionally allow a reverse vending machine to issue, at the option of the person returning the empty beverage containers, store credit.
(4)The act establishes the California Beverage Container Recycling Fund and, except for administrative costs, continuously appropriates moneys in the fund to the department for specified purposes, including the amount necessary to make processing payments for beverage containers with a scrap value less than the cost of recycling and the amount necessary to pay handling fees to certain types of recyclers to provide an incentive for the redemption of empty beverage containers in convenience zones.
This bill would require the department to increase the monetary amount of processing payments by specified percentages ranging from 10% to 50% for container types with specified recycling rates ranging from 50% to 75% or greater, respectively. The bill would additionally require the department to make a supplemental handling fee payment from the fund of an unspecified amount to each rural region recycler to subsidize the rural region recyclers transportation costs. The bill would authorize the department to expend from the fund unspecified amounts annually to local governments to update their beverage container recycling infrastructure and to provide recycling education and direct feedback to their community members, as prescribed. By increasing the amounts expended from the continuously appropriated fund, the bill would make an appropriation.
(5)The act authorizes the department to approve up to 5 limited-term recycling pilot projects that are designed to improve redemption opportunities in unserved convenience zones. The act makes those pilot project recyclers eligible to apply for handling fees from the department. The act makes these provisions inoperative on July 1, 2022, and repeals them on January 1, 2023.
This bill would delete those inoperative and repeal dates, thereby extending the operation of the pilot project program indefinitely. By extending the operation of the pilot project program, under which pilot project recyclers are eligible to receive handling fees paid from the fund, the bill would make an appropriation by increasing expenditures from the continuously appropriated fund. The bill would also make conforming changes.
(6)The act provides for enforcement of its provisions by the department, including, among other methods, establishing and implementing an auditing system. A violation of the act is an infraction.
This bill would require the department to create and fill 5 additional permanent, full-time audit positions at the department and would authorize the department to purchase data to cross-verify its list of distributors. The bill would impose various requirements on the department in connection with administering the act, including conducting surveys of recycling service levels in each county every 6 months and posting the collected information on its internet website and submitting it to the Legislature; submitting to the Legislature proposed statutory changes to transition from a redemption payment and refund value of $0.05 and $0.10 to $0.10 and $0.20, respectively; submitting to the Legislature proposed statutory changes to make certain dealers that redeem empty beverage containers eligible to receive reimbursement for that redemption and to receive handling fees; and designing a program to ensure the fund does not go insolvent when the beverage container recycling rate exceeds 75%.
By increasing the scope of various crimes relating to beverage containers, this bill would impose a state-mandated local program.
(7)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 California Beverage Container Recycling and Litter Reduction Act, which is administered by the Department of Resources Recycling and Recovery, is established to promote beverage container recycling and provides for the payment, collection, and distribution of certain payments and fees based on minimum refund values established for beverage containers. The act requires the department to certify operators of recycling centers, as prescribed, including reviewing whether an application for certification or renewal is complete within 30 working days of receipt. The act requires, if the department deems a recycling centers application for certification or renewal complete, the department to approve or deny the application no later than 60 calendar days after the date when the application was deemed complete.This bill would require the department to approve or deny the completed application no later than 45 calendar days, instead of 60 calendar days, after the date when the application was deemed complete.The California Beverage Container Recycling and Litter Reduction Act, which is administered by the Department of Resources Recycling and Recovery, is established to promote beverage container recycling and provides for the payment, collection, and distribution of certain payments and fees based on minimum refund values established for beverage containers. The act requires the department to certify operators of recycling centers, as prescribed, including reviewing whether an application for certification or renewal is complete within 30 working days of receipt. The act requires, if the department deems a recycling centers application for certification or renewal complete, the department to approve or deny the application no later than 60 calendar days after the date when the application was deemed complete.
This bill would require the department to approve or deny the completed application no later than 45 calendar days, instead of 60 calendar days, after the date when the application was deemed complete.
(a)By July 1, 2023, the department shall conduct, and submit a report to the Legislature regarding, a study on dealers compliance with Section 14571.6 to determine whether the amount of the fee set forth in subdivision (b) of Section 14571.6 provides sufficient inducement for a dealer to comply with subdivision (a) of Section 14571.6. The report shall include, but is not limited to, all of the following:
(1)Information on how many dealers are in compliance with subdivision (a) of Section 14571.6, how many dealers have paid the fee specified in subdivision (b) of Section 14571.6 in lieu of compliance with subdivision (a) of that section, and how many dealers have been out of compliance with Section 14571.6 and the enforcement actions taken against those dealers.
(2)Recommendations on whether the imposition of a fee amount on a dealer in lieu of compliance with subdivision (a) of Section 14571.6 that is based on the dealers volumetric sale sales of beverage containers would encourage dealers to comply with that provision in lieu of the fee payment. provision.
(b)The report required pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
(c)Pursuant to Section 10231.5 of the Government Code, this section becomes inoperative on July 1, 2027, and is repealed on January 1, 2028.
(a)By July 1, 2023, the department shall conduct, and submit a report to the Legislature regarding, a study on dealers compliance with Section 14571.6 to determine whether the amount of the fee set forth in subdivision (b) of Section 14571.6 provides sufficient inducement for a dealer to comply with subdivision (a) of Section 14571.6. The report shall include, but is not limited to, all of the following:
(1)Information on how many dealers are in compliance with subdivision (a) of Section 14571.6, how many dealers have paid the fee specified in subdivision (b) of Section 14571.6 in lieu of compliance with subdivision (a) of that section, and how many dealers have been out of compliance with Section 14571.6 and the enforcement actions taken against those dealers.
(2)Recommendations on whether the imposition of a fee amount on a dealer in lieu of compliance with subdivision (a) of Section 14571.6 that is based on the dealers volumetric sale of beverage containers would encourage dealers to comply with that provision in lieu of the fee payment.
(b)The report required pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
(c)Pursuant to Section 10231.5 of the Government Code, this section becomes inoperative on July 1, 2027, and is repealed on January 1, 2028.
SECTION 1.Section 14501 of the Public Resources Code is amended to read:14501.The Legislature finds and declares as follows:(a)Experience in this state and others demonstrates that financial incentives and convenient return systems ensure the efficient and large-scale recycling of beverage containers. Accordingly, it is the intent of the Legislature to encourage increased, and more convenient, beverage container redemption opportunities for all consumers. These redemption opportunities shall consist of dealer and other shopping center locations, independent and industry operated recycling centers, curbside programs, and other recycling systems that ensure all consumers, in every region of the state, the opportunity to return beverage containers conveniently, efficiently, and economically.(b)California grocery, beer, soft drink, container manufacturing, labor, agricultural, consumer, environmental, government, citizen, recreational, taxpayer, and recycling groups have joined together in calling for an innovative program to generate large-scale redemption and recycling of beverage containers.(c)The following beverage container recycling rate goals are hereby established:(1)Eighty percent by 2025.(2)Eighty-five percent by 2030.(3)Ninety percent by 2035.(d)It is the intent of the Legislature to ensure that every container type proves its own recyclability.(e)It is the intent of the Legislature to make redemption and recycling convenient to consumers, and the Legislature hereby urges cities and counties, when exercising their zoning authority, to act favorably on the siting of multimaterial recycling centers, reverse vending machines, mobile recycling units, or other types of recycling opportunities, as necessary for consumer convenience, and the overall success of litter abatement and beverage container recycling in the state.(f)The purpose of this division is to create and maintain a marketplace where it is profitable to establish sufficient recycling centers and locations to provide consumers with convenient recycling opportunities through the establishment of minimum refund values and processing fees and, through the proper application of these elements, to enhance the profitability of recycling centers, recycling locations, and other beverage container recycling programs.(g)The responsibility to provide convenient, efficient, and economical redemption opportunities rests jointly with manufacturers, distributors, dealers, recyclers, processors, and the department.(h)It is the intent of the Legislature, in enacting this division, that all empty beverage containers redeemed shall be recycled, and that the responsibilities and regulations of the department shall be determined and implemented in a manner that favors the recycling of redeemed containers, as opposed to their disposal.(i)Nothing in this division shall be interpreted as affecting the current business practices of scrap dealers or recycling centers, except that, to the extent they function as a recycling center or processor, they shall do so in accordance with this division.(j)The program established by this division will contribute significantly to the reduction of the beverage container component of litter in this state.SEC. 2.Section 14503.5 of the Public Resources Code is amended and renumbered to read:14503.4.Average monthly volume means the average number of empty beverage containers per month received by a certified recycling center.SEC. 3.Section 14503.5 is added to the Public Resources Code, to read:14503.5.Bag drop location means a location with a device that accepts bags of one or more types of empty beverage containers and issues a cash refund, redeemable credit slip, or, at the option of the person returning the empty beverage containers, store credit with a value not less than the containers refund value. The refund value payments shall be aggregated and then paid, if more than one container is redeemed in a single transaction.SEC. 4.Section 14509.4 of the Public Resources Code is amended to read:14509.4.Convenience zone means any of the following:(a)The area within a one-half mile radius of a supermarket.(b)The area designated by the department pursuant to Section 14571.5.(c)(1)All of the following for urban areas, which the department shall define:(A)On and after January 1, 2023, and until January 1, 2024, the area within a one-mile radius of a supermarket.(B)On and after January 1, 2024, and until January 1, 2025, the area within a one and one-half mile radius of a supermarket.(C)On and after January 1, 2025, the area within a 2-mile radius of a supermarket.(2)Notwithstanding Section 14585, a recycling center that is eligible to receive handling fees as of the date of the expansion of a convenience zone pursuant to paragraph (1) shall remain eligible to receive handling fees regardless of whether an additional recycling center or centers locates in that convenience zone.SEC. 5.Section 14515.8 of the Public Resources Code is amended to read:14515.8.Pilot project recycler means a recycling location established pursuant to Section 14571.9.SEC. 6.Section 14520.5 of the Public Resources Code is amended to read:14520.5.Recycling location means a place, mobile unit, bag drop location, reverse vending machine, or other device where a certified recycling center accepts one or more types of empty beverage containers from consumers, and pays or provides the refund value for one or more types of empty beverage containers.SEC. 7.Section 14525.5 of the Public Resources Code is amended to read:14525.5.Reverse vending machine means a mechanical device that accepts one or more types of empty beverage containers and issues a cash refund, a redeemable credit slip, or, at the option of the person returning the empty beverage containers, store credit with a value not less than the containers refund value. The refund value payments shall be aggregated and then paid, if more than one container is redeemed in a single transaction.SEC. 8.Section 14530.1 of the Public Resources Code is amended to read:14530.1.There is hereby created within the department a recycling financial analysis and policy development unit, to develop, analyze, consolidate, and evaluate economic and policy proposals to carry out the objectives of this division, including, but not limited to, all of the following:(a)Evaluate the solvency of the fund on an ongoing basis in order to make recommendations and report to the Legislature.(b)Identify the fiscal impacts of proposed recycling programs, or changes to existing recycling programs.(c)Assess the economic impacts of recycling proposals and programs on the states citizens and businesses, including the impact of adding new container types into existing law.(d)Develop recommendations to better integrate the various recycling alternatives available from state government, local government, and private industry with the objective of reducing recycling costs to citizens and businesses and meeting the recycling rate goals established by subdivision (c) of Section 14501.SEC. 9.Section 14552 of the Public Resources Code is amended to read:14552.(a)The department shall establish and implement an auditing system to ensure that the information collected, and refund values and redemption payments paid pursuant to this division, comply with the purposes of this division. Notwithstanding Sections 14573 and 14573.5, the auditing system adopted by the department may include prepayment or postpayment controls.(b)(1)The department may audit or investigate any action taken up to five years before the onset of the audit or investigation and may determine if there was compliance with this division and the regulations adopted pursuant to this division, during that period.(2)Notwithstanding any other provision of law establishing a shorter statute of limitation, the department may take an enforcement action, including, but not limited to, an action for restitution or to impose penalties, at any time within five years after the department discovers, or with reasonable diligence, should have discovered, a violation of this division or the regulations adopted pursuant to this division.(c)During the conduct of any inspection, including, but not limited to, an inspection conducted as part of an audit or investigation, the entity that is the subject of the inspection shall, during its normal business hours, provide the department with immediate access to its facilities, operations, and any relevant record, that, in the departments judgment, the department determines are necessary to carry out this section to verify compliance with this division and the regulations adopted pursuant to this division.(1)The department may take disciplinary action pursuant to Section 14591.2 against any person who fails to provide the department with access pursuant to this subdivision including, but not limited to, imposing penalties and the immediate suspension or termination of any certificate or registration held by the operator.(2)The department shall protect any information obtained pursuant to this section in accordance with Section 14554, except that this section does not prohibit the department from releasing any information that the department determines to be necessary in the course of an enforcement action.(d)The auditing system adopted by the department shall allow for reasonable shrinkage in material due to moisture, dirt, and foreign material. The department, after an audit by a qualified auditing firm and a hearing, shall adopt a standard to be used to account for shrinkage and shall incorporate this standard in the audit process.(e)If the department prevails against an entity in a civil or administrative action brought pursuant to this division, and money is owed to the department as a result of the action, the department may offset the amount against amounts claimed by the entity to be due to it from the department. The department may take this offset by withholding payments from the entity or by authorizing all processors to withhold payment to a certified recycling center.(f)If the department determines, pursuant to an audit or investigation, that a distributor or beverage manufacturer has overpaid the redemption payment or processing fee, the department may do either of the following:(1)Offset the overpayment against future payments.(2)Refund the payment pursuant to Article 3 (commencing with Section 13140) of Chapter 2 of Part 3 of Division 3 of Title 2 of the Government Code.(g)The department may purchase data to cross-verify its list of distributors.(h)The department shall create and fill five permanent, full-time audit positions in addition to the number of permanent, full-time audit positions at the department as of January 1, 2022.SEC. 10.Section 14555 is added to the Public Resources Code, to read:14555.(a)The department shall conduct, or contract with a third-party entity to conduct, surveys of recycling service levels in each county every six months.(b)The department shall post on its internet website and submit to the Legislature in compliance with Section 9795 of the Government Code the information collected pursuant to subdivision (a) every six months.SEC. 11.Section 14560.1 is added to the Public Resources Code, to read:14560.1.The department shall submit to the Legislature proposed statutory changes to transition from a redemption payment and refund value of five cents ($0.05) for a beverage container with a capacity of less than 24 fluid ounces and ten cents ($0.10) for a beverage container with a capacity of 24 fluid ounces or more to a redemption payment and refund value of ten cents ($0.10) for a beverage container with a capacity of less than 24 fluid ounces and twenty cents ($0.20) for a beverage container with a capacity of 24 fluid ounces or more.SEC. 12.Section 14571 of the Public Resources Code is amended to read:14571.(a)Except as otherwise provided in this chapter, there shall be at least one certified recycling center or location within every convenience zone that accepts and pays the refund value, if any, at one location for all types of empty beverage containers and is open for business during at least 30 hours per week with a minimum of five hours of operation occurring during periods other than from Monday to Friday, from 9 a.m. to 5 p.m.(b)(1)Notwithstanding subdivision (a), the department may require a certified recycling center to operate 15 of its 30 hours of operation other than during 9 a.m. to 5 p.m.(2)Notwithstanding subdivision (a) and paragraph (1), the department may certify a recycling center that will operate less than 30 hours per week, if all of the following conditions are met:(A)The recycling center is in a rural region. For purposes of this subparagraph, rural region means a nonurban area identified by the department on an annual basis using the loan eligibility criteria of the Rural Housing Service of the United States Department of Agriculture, Rural Development Administration, or its successor agency. Those criteria include, but are not limited to, places, open country, cities, towns, or census designated places with populations that are less than 10,000 persons. The department may designate an area with a population of between 10,000 and 50,000 persons as a rural region, unless the area is identified as part of, or associated with, an urban area, as determined by the department on an individual basis.(B)The recycling center agrees to post a sign indicating the location of the nearest recycling center that is open at least 30 hours per week and that will accept all material types.(C)The needs of the community and the goals of this division will be best served by certification of the operation as a recycling center.(c)Before establishing operating hours for a certified recycling center pursuant to subdivision (b), the department shall make a determination that this action is necessary to further the goals of this division and that the proposed operating hours will not significantly decrease the ability of consumers to conveniently return beverage containers for the refund value to a certified recycling center redeeming all material types.(d)For purposes of this section, if the recycling center is staffed and is not a reverse vending machine, a center is open for business if all of the following requirements are met:(1)An employee of the certified recycling center or location is present during the hours of operation and available to the public to accept containers and to pay the refund values.(2)In addition to the sign specified in subdivision (i), a sign having a minimum size of two feet by two feet is posted at the certified recycling center or location indicating that the center or location is open. Where allowed by local zoning requirements or where zoning restrictions apply, the sign shall be of the maximum allowable size.(3)The prices paid, by weight or per container, are posted at the location.(e)(1)Except as provided in subdivisions (f) and (h), for the purpose of this section, if the recycling center consists of reverse vending machines or other unmanned automated equipment, the center is open for business if the equipment is properly functioning, accepting all types of empty beverage containers at the recycling location, and paying posted refund values no less than the minimums required by this division.(2)A recycling center that meets the requirements in paragraph (1) shall not be required to have an employee present during the hours of operation in order to be open for business.(f)If a recycling center consists of reverse vending machines or other automated equipment, the recycling center is open for business if the equipment is properly functioning, and accepting all types of empty beverage containers at one physical recycling location within the recycling location.(g)Whenever a recycling center that is a reverse vending machine is not open for business during the hours of operation required and posted pursuant to this section and Section 14570, the dealer that is hosting the reverse vending machine at its place of business shall redeem all empty beverage container types at all open cash registers or one designated location in the store, as specified on the sign required pursuant to subdivision (i).(h)(1)A recycling center that is a reverse vending machine that accepts all types of empty beverage containers except those that are three or more liters in volume and those that are pouches is open for business if it is operational and functioning properly for no less than 70 hours per week.(2)A handling fee shall not be paid to a recycling center described in paragraph (1) if the recycling center is located in a convenience zone in which a preexisting certified recycling center is located. Notwithstanding paragraph (1) of subdivision (c) of Section 14585, a preexisting certified recycling center located in the same convenience zone as a recycling center described in paragraph (1) shall continue to be eligible to receive handling fee payments.(3)The department shall pay handling fees to a recycling center described in paragraph (1), and the recycling center shall pay refund values, on the basis of the number of beverage containers redeemed through the reverse vending machine, and not on the basis of weight. The department shall determine the method of certifying the validity of the number of beverage containers counted by the reverse vending machine.(i)In addition to the sign specified in paragraph (2) of subdivision (d), each reverse vending machine shall be posted with a clear and conspicuous sign on or near the reverse vending machine that states that beverage containers may be redeemed by the host dealer if the machine is nonoperational at any time during the required hours of operation, pursuant to subdivision (g). The department shall determine the size and location of the sign and the message required to be printed on the sign.SEC. 13.Section 14571.9 of the Public Resources Code is amended to read:14571.9.(a)(1)The department may approve up to five recycling pilot projects that meet the requirements of this section.(2)The pilot projects, which shall be submitted by applicant jurisdictions, shall be designed to improve redemption opportunities in unserved convenience zones. It is the intent of the Legislature to create new, convenient recycling opportunities to improve consumer redemption of eligible beverage containers and increase recycling rates in jurisdictions served by pilot projects and to provide recycling opportunities to improve consumer redemption of eligible containers in pilot project areas, including in rural areas.(3)Unless otherwise specified in or authorized by the department pursuant to this section, an operator of a pilot project shall be subject to all requirements imposed on recycling centers as specified in this division and any implementing regulations, except for the requirements specified in Sections 14570 and 14571.(4)If a pilot project ends, the department may consider additional pilot project proposals, but not more than five pilot projects may operate at the same time.(b)(1)Notwithstanding Sections 14570, 14571, and 14571.6, a convenience zone that falls within the area of a pilot project approved by the department under this section shall be deemed served while the pilot project is operational.(2)(A)A dealer within the jurisdiction of a pilot project shall post a clear and conspicuous sign of at least 10 inches by 15 inches at each public entrance to the dealers place of business that specifies the name of the pilot project location nearest to the dealer, as provided by the department, the days and hours of operation of the pilot project location, and the toll-free telephone number established by the department pursuant to subparagraph (B). This information shall be kept accurate and up to date.(B)The department shall establish a toll-free number and an internet website for the purpose of disseminating information regarding beverage container recycling opportunities.(3)If a pilot project ceases operation or the pilot projects certification has been revoked by the department, a dealer in the convenience zone served by the pilot project shall comply with Sections 14570, 14571, and 14571.6. The department shall inform all dealers within a convenience zone of any change in status of a pilot project serving that convenience zone within 10 days.(c)No later than 90 days after the effective date of this section, the department shall hold at least one public workshop with interested stakeholders to solicit feedback on the pilot project program described in this section, including feedback on the factors that may be considered in the approval of a pilot project.(d)The requirements for a pilot project shall include, but not be limited to, all of the following:(1)A pilot project shall serve one of the following:(A)At least three unserved convenience zones.(B)One or more convenience zones impacting a total of at least 30 dealers in unserved convenience zones.(C)A rural region.(2)A pilot project shall be in a jurisdiction that, as of the effective date of the pilot project application, meets at least one of the following conditions:(A)Had at least six unserved convenience zones.(B)Had 75 percent of the convenience zones in the jurisdiction unserved.(C)Is located in a rural region.(3)A pilot project shall not establish a location for redeeming a beverage container for its refund value that is outside of the pilot project area.(4)A pilot project recycler may be located anywhere within the pilot project area.(5)A pilot project shall be served only by a pilot project recycler that meets all of the following requirements:(A)The pilot project recycler shall be open a minimum of one weekday per week for at least eight hours.(B)In addition to the requirement in subparagraph (C), the pilot project recycler shall be open at least five hours per week during periods other than from Monday through Friday from 9 a.m. to 5 p.m.(C)The pilot project recycler shall be open at least eight hours per week during the weekend.(D)The pilot project recycler shall accept and pay the refund value for all eligible beverage container types.(E)The operator of the pilot project shall notify the department in writing 10 days before any change of the location where redeemed empty beverage containers are stored.(F)The pilot project recycler shall only redeem eligible empty beverage container material purchased from consumers for recycling, and shall not accept material from any other certified or noncertified person or entity, including, but not limited to, recycling centers, dropoff or collection programs, curbside programs, and processors.(G)The pilot project operator shall keep separate transaction records for each location within the pilot project, and in the case of mobile collection programs, separate transaction records for each location served by the mobile unit.(6)A processor shall not issue an authorization to cancel pursuant to subdivision (b) of Section 2110 of Title 14 of the California Code of Regulations to a pilot project recycler.(7)Additional requirements as deemed necessary by the department.(e)A pilot project established pursuant to this section may provide stationary dropoff locations or mobile collection programs.(f)A jurisdiction that opts to be served by a pilot project shall submit its pilot project proposal to the department for approval. The proposal shall include all of the following elements:(1)A map of the pilot project area, including intended locations for pilot project recyclers.(2)A list of proposed operators of pilot project recyclers.(3)Contact information for the jurisdiction.(4)Planned dates of operation.(5)A description of how the pilot project will meet the requirements of this section.(6)Additional elements as determined by the department.(g)The department may issue probationary certificates of operation to pilot project recyclers participating in an approved pilot project. A certificate issued under this section shall be valid, and shall specify that the certificate is valid, for a period of not more than three years or until the end of the pilot project, whichever comes first. Notwithstanding certification requirements imposed by this division or implementing regulations, the following application review timelines shall apply to pilot projects:(1)The department shall notify each applicant and the appropriate pilot project contact within 30 calendar days of receipt of the proposal, or receipt of additional information if the proposal was initially deemed incomplete, that the proposal for certification is either complete and accepted for further review or incomplete and the reasons for incompleteness.(2)Upon determining that a proposal is complete, the department shall notify the applicant and appropriate pilot project contact in writing within 30 calendar days that the application is either approved with probationary status or denied and the reasons for denial.(h)In approving pilot projects, the department shall consider all of the following factors:(1)The number of unserved convenience zones that will be served by the pilot project.(2)The total number of hours per week the pilot project recycler will operate.(3)The total number of locations that will be served under the pilot project.(4)Whether the jurisdiction has actively prevented the siting or operation of a certified recycling center at a supermarket site.(5)The geographic distribution of jurisdictions proposing a pilot project.(6)Potential impacts to existing certified recycling centers.(7)Additional factors deemed relevant by the department.(i)(1)The department may revoke the approval of a pilot project or the associated probationary certification of a pilot project recycler participating in the pilot project, or both, at any time if the jurisdiction or operator of the pilot project fails to meet the conditions outlined in the departments approval of the application or violates this division or a regulation adopted pursuant to this division, except as to violations of the division or regulations that are inconsistent with the operation of an approved pilot project. If the department revokes a probationary certification of a pilot project recycler, the department may require the jurisdiction or operator of the pilot project to take the steps necessary to ensure that the pilot project achieves its goals consistent with the approved pilot project application.(2)If the approval of a pilot project is revoked, the review process described in Section 14571.7 shall apply to each convenience zone that was a part of the pilot project.(j)(1)Notwithstanding paragraph (1) of subdivision (c) of Section 14585, a pilot project recycler that has been certified by the department on a probationary basis pursuant to an approved pilot project shall be eligible to apply for handling fees pursuant to Section 14585 and to receive from certified processors the amounts specified in subdivision (a) of Section 14573.5 for refund values, administrative costs, and processing payments.(2)Notwithstanding paragraph (1) of subdivision (c) of Section 14585, the existence of a pilot project recycler shall not affect the handling fee eligibility of a recycling center.(3)For purposes of handling fee eligibility, a pilot project recycler may be located anywhere within a pilot project area.(k)The department may adopt emergency regulations for the purpose of implementing this section. Emergency regulations, if adopted, shall be adopted in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and for the purposes of that chapter, including Section 11349.6 of the Government Code, the adoption of these regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health and safety, and general welfare. Emergency regulations adopted pursuant to this section shall be filed with, but not be repealed by, the Office of Administrative Law and shall remain in effect until amended or repealed by the department.SEC. 14.Section 14572.1 is added to the Public Resources Code, to read:14572.1.(a)The department shall, by January 1, 2025, submit to the Legislature proposed statutory changes to make dealers that redeem empty beverage containers pursuant to subdivision (a) of Section 14571.6 eligible to receive reimbursement for that redemption and to receive handling fees.(b)(1)A report submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.(2)Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2029.SEC. 15.Section 14575.2 is added to the Public Resources Code, to read:14575.2.Notwithstanding Section 14575, the department shall increase the monetary amount of processing payments from the monetary amount that would otherwise be calculated under existing law as follows:(a)Fifty percent for a container type with a recycling rate equal to or greater than 75 percent.(b)Forty percent for a container type with a recycling rate equal to or greater than 65 percent, but less than 75 percent.(c)Thirty percent for a container type with a recycling rate equal to or greater than 60 percent, but less than 65 percent.(d)Twenty percent for a container type with a recycling rate equal to or greater than 55 percent, but less than 60 percent.(e)Ten percent for a container type with a recycling rate equal to or greater than 50 percent, but less than 55 percent.SEC. 16.Section 14581 of the Public Resources Code is amended to read:14581.(a)Subject to the availability of funds and in accordance with subdivision (b), the department shall expend the moneys set aside in the fund, pursuant to subdivision (c) of Section 14580, for the purposes of this section in the following manner:(1)For each fiscal year, the department may expend the amount necessary to make the required handling fee payment pursuant to Section 14585.(2)Fifteen million dollars ($15,000,000) shall be expended annually for payments for curbside programs and neighborhood dropoff programs pursuant to Section 14549.6.(3)(A)Ten million five hundred thousand dollars ($10,500,000) may be expended annually for payments of five thousand dollars ($5,000) to cities and ten thousand dollars ($10,000) for payments to counties for beverage container recycling and litter cleanup activities, or the department may calculate the payments to counties and cities on a per capita basis, and may pay whichever amount is greater, for those activities.(B)Eligible activities for the use of these funds may include, but are not necessarily limited to, support for new or existing curbside programs, neighborhood dropoff programs, public education promoting beverage container recycling, litter prevention, and cleanup, cooperative regional efforts among two or more cities or counties, or both, or other beverage container recycling programs.(C)These funds shall not be used for activities unrelated to beverage container recycling or litter reduction.(D)To receive these funds, a city, county, or city and county shall fill out and return a funding request form to the department. The form shall specify the beverage container recycling or litter reduction activities for which the funds will be used.(E)The department shall annually prepare and distribute a funding request form to each city, county, or city and county. The form shall specify the amount of beverage container recycling and litter cleanup funds for which the jurisdiction is eligible. The form shall not exceed one double-sided page in length, and may be submitted electronically. If a city, county, or city and county does not return the funding request form within 90 days of receipt of the form from the department, the city, county, or city and county is not eligible to receive the funds for that funding cycle.(F)For the purposes of this paragraph, per capita population shall be based on the population of the incorporated area of a city or city and county and the unincorporated area of a county. The department may withhold payment to any city, county, or city and county that has prohibited the siting of a supermarket site, caused a supermarket site to close its business, or adopted a land use policy that restricts or prohibits the siting of a supermarket site within its jurisdiction.(4)One million five hundred thousand dollars ($1,500,000) may be expended annually in the form of grants for beverage container recycling and litter reduction programs.(5)(A)The department shall expend the amount necessary to pay the processing payment established pursuant to Section 14575. The department shall establish separate processing fee accounts in the fund for each beverage container material type for which a processing payment and processing fee are calculated pursuant to Section 14575, or for which a processing payment is calculated pursuant to Section 14575 and a voluntary artificial scrap value is calculated pursuant to Section 14575.1, into which account shall be deposited both of the following:(i)All amounts paid as processing fees for each beverage container material type pursuant to Section 14575.(ii)Funds equal to the difference between the amount in clause (i) and the amount of the processing payments established in subdivision (b) of Section 14575, and adjusted pursuant to paragraph (2) of subdivision (c) of, and subdivision (f) of, Section 14575, to reduce the processing fee to the level provided in subdivision (e) of Section 14575, or to reflect the agreement by a willing purchaser to pay a voluntary artificial scrap value pursuant to Section 14575.1.(B)Notwithstanding Section 13340 of the Government Code, the moneys in each processing fee account are hereby continuously appropriated to the department for expenditure without regard to fiscal years, for purposes of making processing payments pursuant to Section 14575.(6)Up to five million dollars ($5,000,000) may be annually expended by the department for the purposes of undertaking a statewide public education and information campaign aimed at promoting increased recycling of beverage containers.(7)Up to ten million dollars ($10,000,000) may be expended annually by the department for quality incentive payments for empty glass beverage containers pursuant to Section 14549.1.(8)(A)For the 201920 fiscal year to the 202122 fiscal year, inclusive, the department may expend up to ten million dollars ($10,000,000) each fiscal year for market development payments to reclaimers and product manufacturers, pursuant to Section 14549.2.(B)For purposes of this paragraph, the definitions in subdivision (a) of Section 14549.2 apply.(9)(A)For the 201920 fiscal year to the 202122 fiscal year, inclusive, the department may expend up to a total of five million dollars ($5,000,000) to support the pilot projects created pursuant to Section 14571.9.(B)Taking into consideration the recent closure of many of Californias recycling centers, the Legislature finds and declares that the appropriation provided for in the act that added this paragraph during the 201920 Regular Session is necessary in order to ensure the continued support of, and to bolster, consumer redemption opportunities.(10)(A)The department may expend ____ dollars ($____) annually for grants of ____ dollars ($____) to local governments to update their beverage container recycling infrastructure to further the purpose of improving the states recycling infrastructure.(B)The department shall, by January 1, 2023, create customer-convenient recycling collection infrastructure models for local governments based on rural, suburban, and urban areas.(11)The department may expend ____ dollars ($____) annually for grants of ____ dollars ($____) to local governments to provide recycling education to children and community members and to direct feedback to their community members on when items are incorrectly recycled in curbside bins to further the purpose of increasing awareness of responsible recycling practices. The educational materials provided with grant moneys shall be available in multiple languages, including, but not limited to, English and Spanish.(b)(1)If the department determines, pursuant to a review made pursuant to Section 14556, that there may be inadequate funds to pay the payments required by this division, the department shall immediately notify the appropriate policy and fiscal committees of the Legislature regarding the inadequacy.(2)On or before 180 days, but not less than 80 days, after the notice is sent pursuant to paragraph (1), the department may reduce or eliminate expenditures, or both, from the funds as necessary, according to the procedure set forth in subdivision (c).(c)If the department determines that there are insufficient funds to make the payments specified pursuant to this section and Section 14575, the department shall reduce all payments proportionally.(d)Before making an expenditure pursuant to paragraph (6) of subdivision (a), the department shall convene an advisory committee consisting of representatives of the beverage industry, beverage container manufacturers, environmental organizations, the recycling industry, nonprofit organizations, and retailers to advise the department on the most cost-effective and efficient method of the expenditure of the funds for that education and information campaign.SEC. 17.Section 14581.5 is added to the Public Resources Code, to read:14581.5.The department shall design a program to ensure the fund does not go insolvent when the beverage container recycling rate exceeds 75 percent.SEC. 18.Section 14585.2 is added to the Public Resources Code, to read:14585.2.The department shall make a supplemental handling fee payment from the fund of ____ dollars ($____) per container per month to each rural region recycler to subsidize the rural region recyclers transportation costs.SEC. 19.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.The Legislature finds and declares as follows:
(a)Experience in this state and others demonstrates that financial incentives and convenient return systems ensure the efficient and large-scale recycling of beverage containers. Accordingly, it is the intent of the Legislature to encourage increased, and more convenient, beverage container redemption opportunities for all consumers. These redemption opportunities shall consist of dealer and other shopping center locations, independent and industry operated recycling centers, curbside programs, and other recycling systems that assure ensure all consumers, in every region of the state, the opportunity to return beverage containers conveniently, efficiently, and economically.
(b)California grocery, beer, soft drink, container manufacturing, labor, agricultural, consumer, environmental, government, citizen, recreational, taxpayer, and recycling groups have joined together in calling for an innovative program to generate large-scale redemption and recycling of beverage containers.
(c)This division establishes a beverage container recycling goal of 80 percent.(c)The following beverage container recycling rate goals are hereby established:
(1)Eighty percent by 2025.
(2)Eighty-five percent by 2030.
(3)Ninety percent by 2035.
(d)It is the intent of the Legislature to ensure that every container type proves its own recyclability.
(e)It is the intent of the Legislature to make redemption and recycling convenient to consumers, and the Legislature hereby urges cities and counties, when exercising their zoning authority, to act favorably on the siting of multimaterial recycling centers, reverse vending machines, mobile recycling units, or other types of recycling opportunities, as necessary for consumer convenience, and the overall success of litter abatement and beverage container recycling in the state.
(f)The purpose of this division is to create and maintain a marketplace where it is profitable to establish sufficient recycling centers and locations to provide consumers with convenient recycling opportunities through the establishment of minimum refund values and processing fees and, through the proper application of these elements, to enhance the profitability of recycling centers, recycling locations, and other beverage container recycling programs.
(g)The responsibility to provide convenient, efficient, and economical redemption opportunities rests jointly with manufacturers, distributors, dealers, recyclers, processors, and the Department of Conservation. department.
(h)It is the intent of the Legislature, in enacting this division, that all empty beverage containers redeemed shall be recycled, and that the responsibilities and regulations of the department shall be determined and implemented in a manner that favors the recycling of redeemed containers, as opposed to their disposal.
(i)Nothing in this division shall be interpreted as affecting the current business practices of scrap dealers or recycling centers, except that, to the extent they function as a recycling center or processor, they shall do so in accordance with this division.
(j)The program established by this division will contribute significantly to the reduction of the beverage container component of litter in this state.
SEC. 2.Section 14503.5 of the Public Resources Code is amended and renumbered to read:14503.5.14503.4.Average monthly volume means the average number of empty beverage containers per month received by a certified recycling center.
SEC. 3.Section 14503.5 is added to the Public Resources Code, to read:14503.5.Bag drop location means a location with a device that accepts bags of one or more types of empty beverage containers and issues a cash refund, redeemable credit slip, or, at the option of the person returning the empty beverage containers, store credit with a value not less than the containers refund value. The refund value payments shall be aggregated and then paid, if more than one container is redeemed in a single transaction.
SEC. 4.Section 14509.4 of the Public Resources Code is amended to read:14509.4.Convenience zone means either any of the following:
(a)The area within a one-half mile radius of a supermarket.
(b)The area designated by the department pursuant to Section 14571.5.
(c)(1)All of the following for urban areas, which the department shall define:
(A)On and after January 1, 2023, and until January 1, 2024, the area within a one-mile radius of a supermarket.
(B)On and after January 1, 2024, and until January 1, 2025, the area within a one and one-half mile radius of a supermarket.
(C)On and after January 1, 2025, the area within a 2-mile radius of a supermarket.
(2)Notwithstanding Section 14585, a recycling center that is eligible to receive handling fees as of the date of the expansion of a convenience zone pursuant to paragraph (1) shall remain eligible to receive handling fees regardless of whether an additional recycling center or centers locates in that convenience zone.
SEC. 5.Section 14515.8 of the Public Resources Code is amended to read:14515.8.(a)Pilot project recycler means a recycling location established pursuant to Section 14571.9.
(b)This section shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2022, deletes or extends that date.SEC. 6.Section 14520.5 of the Public Resources Code is amended to read:14520.5.Recycling location means a place, mobile unit, bag drop location, reverse vending machine, or other device where a certified recycling center accepts one or more types of empty beverage containers from consumers, and pays or provides the refund value for one or more types of empty beverage containers.
SEC. 7.Section 14525.5 of the Public Resources Code is amended to read:14525.5.Reverse vending machine means a mechanical device which that accepts one or more types of empty beverage containers and issues a cash refund or refund, a redeemable credit slip slip, or, at the option of the person returning the empty beverage containers, store credit with a value not less than the containers containers refund value. The refund value payments shall be aggregated and then paid, if more than one container is redeemed in a single transaction.
SEC. 8.Section 14530.1 of the Public Resources Code is amended to read:14530.1.There is hereby created within the department a recycling financial analysis and policy development unit, to develop, analyze, consolidate, and evaluate economic and policy proposals to carry out the objectives of this division, including, but not limited to, all of the following:
(a)Evaluate the solvency of the fund on an ongoing basis in order to make recommendations and report to the Legislature.
(b)Identify the fiscal impacts of proposed recycling programs, or changes to existing recycling programs.
(c)Assess the economic impacts of recycling proposals and programs on the states citizens and businesses, including the impact of adding new container types into existing law.
(d)Develop recommendations to better integrate the various recycling alternatives available from state government, local government, and private industry with the objective of reducing recycling costs to citizens and businesses and meeting the 80-percent recycling goal rate goals established by this division. subdivision (c) of Section 14501.
SEC. 9.Section 14552 of the Public Resources Code is amended to read:14552.(a)The department shall establish and implement an auditing system to ensure that the information collected, and refund values and redemption payments paid pursuant to this division, comply with the purposes of this division. Notwithstanding Sections 14573 and 14573.5, the auditing system adopted by the department may include prepayment or postpayment controls.
(b)(1)The department may audit or investigate any action taken up to five years before the onset of the audit or investigation and may determine if there was compliance with this division and the regulations adopted pursuant to this division, during that period.
(2)Notwithstanding any other provision of law establishing a shorter statute of limitation, the department may take an enforcement action, including, but not limited to, an action for restitution or to impose penalties, at any time within five years after the department discovers, or with reasonable diligence, should have discovered, a violation of this division or the regulations adopted pursuant to this division.
(c)During the conduct of any inspection, including, but not limited to, an inspection conducted as part of an audit or investigation, the entity that is the subject of the inspection shall, during its normal business hours, provide the department with immediate access to its facilities, operations, and any relevant record, that, in the departments judgment, the department determines are necessary to carry out this section to verify compliance with this division and the regulations adopted pursuant to this division.
(1)The department may take disciplinary action pursuant to Section 14591.2 against any person who fails to provide the department with access pursuant to this subdivision including, but not limited to, imposing penalties and the immediate suspension or termination of any certificate or registration held by the operator.
(2)The department shall protect any information obtained pursuant to this section in accordance with Section 14554, except that this section does not prohibit the department from releasing any information that the department determines to be necessary in the course of an enforcement action.
(d)The auditing system adopted by the department shall allow for reasonable shrinkage in material due to moisture, dirt, and foreign material. The department, after an audit by a qualified auditing firm and a hearing, shall adopt a standard to be used to account for shrinkage and shall incorporate this standard in the audit process.
(e)If the department prevails against an entity in a civil or administrative action brought pursuant to this division, and money is owed to the department as a result of the action, the department may offset the amount against amounts claimed by the entity to be due to it from the department. The department may take this offset by withholding payments from the entity or by authorizing all processors to withhold payment to a certified recycling center.
(f)If the department determines, pursuant to an audit or investigation, that a distributor or beverage manufacturer has overpaid the redemption payment or processing fee, the department may do either of the following:
(1)Offset the overpayment against future payments.
(2)Refund the payment pursuant to Article 3 (commencing with Section 13140) of Chapter 2 of Part 3 of Division 3 of Title 2 of the Government Code.
(g)The department may purchase data to cross-verify its list of distributors.
(h)The department shall create and fill five permanent, full-time audit positions in addition to the number of permanent, full-time audit positions at the department as of January 1, 2022.
SEC. 10.Section 14555 is added to the Public Resources Code, to read:14555.(a)The department shall conduct, or contract with a third-party entity to conduct, surveys of recycling service levels in each county every six months.
(b)The department shall post on its internet website and submit to the Legislature in compliance with Section 9795 of the Government Code the information collected pursuant to subdivision (a) every six months.
SEC. 11.Section 14560.1 is added to the Public Resources Code, to read:14560.1.The department shall submit to the Legislature proposed statutory changes to transition from a redemption payment and refund value of five cents ($0.05) for a beverage container with a capacity of less than 24 fluid ounces and ten cents ($0.10) for a beverage container with a capacity of 24 fluid ounces or more to a redemption payment and refund value of ten cents ($0.10) for a beverage container with a capacity of less than 24 fluid ounces and twenty cents ($0.20) for a beverage container with a capacity of 24 fluid ounces or more.
SEC. 12.Section 14571 of the Public Resources Code is amended to read:14571.(a)Except as otherwise provided in this chapter, there shall be at least one certified recycling center or location within every convenience zone that accepts and pays the refund value, if any, at one location for all types of empty beverage containers and is open for business during at least 30 hours per week with a minimum of five hours of operation occurring during periods other than from Monday to Friday, from 9 a.m. to 5 p.m.
(b)(1)Notwithstanding subdivision (a), the department may require a certified recycling center to operate 15 of its 30 hours of operation other than during 9 a.m. to 5 p.m.
(2)Notwithstanding subdivision (a) and paragraph (1), the department may certify a recycling center that will operate less than 30 hours per week, if all of the following conditions are met:
(A)The recycling center is in a rural region. For purposes of this subparagraph, rural region means a nonurban area identified by the department on an annual basis using the loan eligibility criteria of the Rural Housing Service of the United States Department of Agriculture, Rural Development Administration, or its successor agency. Those criteria include, but are not limited to, places, open country, cities, towns, or census designated places with populations that are less than 10,000 persons. The department may designate an area with a population of between 10,000 and 50,000 persons as a rural region, unless the area is identified as part of, or associated with, an urban area, as determined by the department on an individual basis.
(B)The recycling center agrees to post a sign indicating the location of the nearest recycling center that is open at least 30 hours per week and that will accept all material types.
(C)The needs of the community and the goals of this division will be best served by certification of the operation as a recycling center.
(c)Before establishing operating hours for a certified recycling center pursuant to subdivision (b), the department shall make a determination that this action is necessary to further the goals of this division and that the proposed operating hours will not significantly decrease the ability of consumers to conveniently return beverage containers for the refund value to a certified recycling center redeeming all material types.
(d)For purposes of this section, if the recycling center is staffed and is not a reverse vending machine, a center is open for business if all of the following requirements are met:
(1)An employee of the certified recycling center or location is present during the hours of operation and available to the public to accept containers and to pay the refund values.
(2)In addition to the sign specified in subdivision (i), a sign having a minimum size of two feet by two feet is posted at the certified recycling center or location indicating that the center or location is open. Where allowed by local zoning requirements or where zoning restrictions apply, the sign shall be of the maximum allowable size.
(3)The prices paid, by weight or per container, are posted at the location.
(e)(1)Except as provided in subdivisions (f) and (h), for the purpose of this section, if the recycling center consists of reverse vending machines or other unmanned automated equipment, the center is open for business if the equipment is properly functioning, accepting all types of empty beverage containers at the recycling location, and paying posted refund values no less than the minimums required by this division.
(2)A recycling center that meets the requirements in paragraph (1) shall not be required to have an employee present during the hours of operation in order to be open for business.
(f)If a recycling center consists of reverse vending machines or other automated equipment, the recycling center is open for business if the equipment is properly functioning, and accepting all types of empty beverage containers at one physical recycling location within the recycling location.
(g)Whenever a recycling center that is a reverse vending machine is not open for business during the hours of operation required and posted pursuant to this section and Section 14570, the dealer that is hosting the reverse vending machine at its place of business shall redeem all empty beverage container types at all open cash registers or one designated location in the store, as specified on the sign required pursuant to subdivision (i).
(h)(1)A recycling center that is a reverse vending machine that accepts all types of empty beverage containers except those that are three or more liters in volume and those that are pouches is open for business if it does both of the following: is operational and functioning properly for no less than 70 hours per week.
(A)Provides an attendant to accept all types of empty beverage containers for no less than 10 hours per week, with no less than five of those hours on a weekend day between the hours of 9 a.m. and 5 p.m.(B)Is operational and functioning properly for no less than 70 hours per week.(2)A handling fee shall not be paid to a recycling center described in paragraph (1) if the recycling center is located in a convenience zone in which a preexisting certified recycling center is located. Notwithstanding paragraph (1) of subdivision (c) of Section 14585, a preexisting certified recycling center located in the same convenience zone as a recycling center described in paragraph (1) shall continue to be eligible to receive handling fee payments.
(3)The department shall pay handling fees to a recycling center described in paragraph (1), and the recycling center shall pay refund values, on the basis of the number of beverage containers redeemed through the reverse vending machine, and not on the basis of weight. The department shall determine the method of certifying the validity of the number of beverage containers counted by the reverse vending machine.
(i)In addition to the sign specified in paragraph (2) of subdivision (d), each reverse vending machine shall be posted with a clear and conspicuous sign on or near the reverse vending machine that states that beverage containers may be redeemed by the host dealer if the machine is nonoperational at any time during the required hours of operation, pursuant to subdivision (g). The department shall determine the size and location of the sign and the message required to be printed on the sign.
SEC. 13.Section 14571.9 of the Public Resources Code is amended to read:14571.9.(a)(1)Until January 1, 2022, the The department may approve up to five recycling pilot projects that meet the requirements of this section.
(2)The pilot projects, which shall be submitted by applicant jurisdictions, shall be designed to improve redemption opportunities in unserved convenience zones. It is the intent of the Legislature to create new, convenient recycling opportunities to improve consumer redemption of eligible beverage containers and increase recycling rates in jurisdictions served by pilot projects and to provide recycling opportunities to improve consumer redemption of eligible containers in pilot project areas, including in rural areas.
(3)Unless otherwise specified in or authorized by the department pursuant to this section, an operator of a pilot project shall be subject to all requirements imposed on recycling centers as specified in this division and any implementing regulations, except for the requirements specified in Sections 14570 and 14571.
(4)If a pilot project ends before January 1, 2022, ends, the department may consider additional pilot project proposals, but not more than five pilot projects may operate at the same time.
(b)(1)Notwithstanding Sections 14570, 14571, and 14571.6, a convenience zone that falls within the area of a pilot project approved by the department under this section shall be deemed served while the pilot project is operational.
(2)(A)A dealer within the jurisdiction of a pilot project shall post a clear and conspicuous sign of at least 10 inches by 15 inches at each public entrance to the dealers place of business that specifies the name of the pilot project location nearest to the dealer, as provided by the department, the days and hours of operation of the pilot project location, and the toll-free telephone number established by the department pursuant to subparagraph (B). This information shall be kept accurate and up to date.
(B)The department shall establish a toll-free number and an internet website for the purpose of disseminating information regarding beverage container recycling opportunities.
(3)If a pilot project ceases operation or the pilot projects certification has been revoked by the department, a dealer in the convenience zone served by the pilot project shall comply with Sections 14570, 14571, and 14571.6. The department shall inform all dealers within a convenience zone of any change in status of a pilot project serving that convenience zone within 10 days.
(c)No later than 90 days after the effective date of this section, the department shall hold at least one public workshop with interested stakeholders to solicit feedback on the pilot project program described in this section, including feedback on the factors that may be considered in the approval of a pilot project.
(d)The requirements for a pilot project shall include, but not be limited to, all of the following:
(1)A pilot project shall serve one of the following:
(A)At least three unserved convenience zones.
(B)One or more convenience zones impacting a total of at least 30 dealers in unserved convenience zones.
(C)A rural region.
(2)A pilot project shall be in a jurisdiction that, as of the effective date of the pilot project application, meets at least one of the following conditions:
(A)Had at least six unserved convenience zones.
(B)Had 75 percent of the convenience zones in the jurisdiction unserved.
(C)Is located in a rural region.
(3)A pilot project shall not establish a location for redeeming a beverage container for its refund value that is outside of the pilot project area.
(4)A pilot project recycler may be located anywhere within the pilot project area.
(5)A pilot project shall be served only by a pilot project recycler that meets all of the following requirements:
(A)The pilot project recycler shall be open a minimum of one weekday per week for at least eight hours.
(B)In addition to the requirement in subparagraph (C), the pilot project recycler shall be open at least five hours per week during periods other than from Monday through Friday from 9 a.m. to 5 p.m.
(C)The pilot project recycler shall be open at least eight hours per week during the weekend.
(D)The pilot project recycler shall accept and pay the refund value for all eligible beverage container types.
(E)The operator of the pilot project shall notify the department in writing 10 days before any change of the location where redeemed empty beverage containers are stored.
(F)The pilot project recycler shall only redeem eligible empty beverage container material purchased from consumers for recycling, and shall not accept material from any other certified or noncertified person or entity, including, but not limited to, recycling centers, dropoff or collection programs, curbside programs, and processors.
(G)A The pilot project operator shall keep separate transaction records for each location within the pilot project, and in the case of mobile collection programs, separate transaction records for each location served by the mobile unit.
(6)A processor shall not issue an authorization to cancel pursuant to subdivision (b) of Section 2110 of Title 14 of the California Code of Regulations to a pilot project recycler.
(7)Additional requirements as deemed necessary by the department.
(e)A pilot project established pursuant to this section may provide stationary dropoff locations or mobile collection programs.
(f)A jurisdiction that opts to be served by a pilot project shall submit its pilot project proposal to the department for approval. The proposal shall include all of the following elements:
(1)A map of the pilot project area, including intended locations for pilot project recyclers.
(2)A list of proposed operators of pilot project recyclers.
(3)Contact information for the jurisdiction.
(4)Planned dates of operation.
(5)A description of how the pilot project will meet the requirements of this section.
(6)Additional elements as determined by the department.
(g)The department may issue probationary certificates of operation to pilot project recyclers participating in an approved pilot project. A certificate issued under this section shall be valid, and shall specify that the certificate is valid, for a period of not more than three years or until the end of the pilot project, whichever comes first. Notwithstanding certification requirements imposed by this division or implementing regulations, the following application review timelines shall apply to pilot projects:
(1)The department shall notify each applicant and the appropriate pilot project contact within 30 calendar days of receipt of the proposal, or receipt of additional information if the proposal was initially deemed incomplete, that the proposal for certification is either complete and accepted for further review or incomplete and the reasons for incompleteness.
(2)Upon determining that a proposal is complete, the department shall notify the applicant and appropriate pilot project contact in writing within 30 calendar days that the application is either approved with probationary status or denied and the reasons for denial.
(h)In approving pilot projects, the department shall consider all of the following factors:
(1)The number of unserved convenience zones that will be served by the pilot project.
(2)The total number of hours per week the pilot project recycler will operate.
(3)The total number of locations that will be served under the pilot project.
(4)Whether the jurisdiction has actively prevented the siting or operation of a certified recycling center at a supermarket site.
(5)The geographic distribution of jurisdictions proposing a pilot project.
(6)Potential impacts to existing certified recycling centers.
(7)Additional factors deemed relevant by the department.
(i)(1)The department may revoke the approval of a pilot project or the associated probationary certification of a pilot project recycler participating in the pilot project, or both, at any time if the jurisdiction or operator of the pilot project fails to meet the conditions outlined in the departments approval of the application or violates this division or a regulation adopted pursuant to this division, except as to violations of the division or regulations that are inconsistent with the operation of an approved pilot project. If the department revokes a probationary certification of a pilot project recycler, the department may require the jurisdiction or operator of the pilot project to take the steps necessary to ensure that the pilot project achieves its goals consistent with the approved pilot project application.
(2)If the approval of a pilot project is revoked, the review process described in Section 14571.7 shall apply to each convenience zone that was a part of the pilot project.
(j)(1)Notwithstanding paragraph (1) of subdivision (c) of Section 14585, a pilot project recycler that has been certified by the department on a probationary basis pursuant to an approved pilot project shall be eligible to apply for handling fees pursuant to Section 14585 and to receive from certified processors the amounts specified in subdivision (a) of Section 14573.5 for refund values, administrative costs, and processing payments.
(2)Notwithstanding paragraph (1) of subdivision (c) of Section 14585, the existence of a pilot project recycler shall not affect the handling fee eligibility of a recycling center.
(3)For purposes of handling fee eligibility, a pilot project recycler may be located anywhere within a pilot project area.
(k)The department may adopt emergency regulations for the purpose of implementing this section. Emergency regulations, if adopted, shall be adopted in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and for the purposes of that chapter, including Section 11349.6 of the Government Code, the adoption of these regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health and safety, and general welfare. Emergency regulations adopted pursuant to this section shall be filed with, but not be repealed by, the Office of Administrative Law and shall remain in effect until amended or repealed by the department or July 1, 2022, whichever comes first. department.
(l)This section shall become inoperative on July 1, 2022, and, as of January 1, 2023, is repealed.SEC. 14.Section 14572.1 is added to the Public Resources Code, to read:14572.1.(a)The department shall, by January 1, 2025, submit to the Legislature proposed statutory changes to make dealers that redeem empty beverage containers pursuant to subdivision (a) of Section 14571.6 eligible to receive reimbursement for that redemption and to receive handling fees.
(b)(1)A report submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
(2)Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2029.
SEC. 15.Section 14575.2 is added to the Public Resources Code, to read:14575.2.Notwithstanding Section 14575, the department shall increase the monetary amount of processing payments from the monetary amount that would otherwise be calculated under existing law as follows:
(a)Fifty percent for a container type with a recycling rate equal to or greater than 75 percent.
(b)Forty percent for a container type with a recycling rate equal to or greater than 65 percent, but less than 75 percent.
(c)Thirty percent for a container type with a recycling rate equal to or greater than 60 percent, but less than 65 percent.
(d)Twenty percent for a container type with a recycling rate equal to or greater than 55 percent, but less than 60 percent.
(e)Ten percent for a container type with a recycling rate equal to or greater than 50 percent, but less than 55 percent.
SEC. 16.Section 14581 of the Public Resources Code is amended to read:14581.(a)Subject to the availability of funds and in accordance with subdivision (b), the department shall expend the moneys set aside in the fund, pursuant to subdivision (c) of Section 14580, for the purposes of this section in the following manner:
(1)For each fiscal year, the department may expend the amount necessary to make the required handling fee payment pursuant to Section 14585.
(2)Fifteen million dollars ($15,000,000) shall be expended annually for payments for curbside programs and neighborhood dropoff programs pursuant to Section 14549.6.(3)(A)Ten million five hundred thousand dollars ($10,500,000) may be expended annually for payments of five thousand dollars ($5,000) to cities and ten thousand dollars ($10,000) for payments to counties for beverage container recycling and litter cleanup activities, or the department may calculate the payments to counties and cities on a per capita basis, and may pay whichever amount is greater, for those activities.
(B)Eligible activities for the use of these funds may include, but are not necessarily limited to, support for new or existing curbside programs, neighborhood dropoff programs, public education promoting beverage container recycling, litter prevention, and cleanup, cooperative regional efforts among two or more cities or counties, or both, or other beverage container recycling programs.
(C)These funds shall not be used for activities unrelated to beverage container recycling or litter reduction.
(D)To receive these funds, a city, county, or city and county shall fill out and return a funding request form to the department. The form shall specify the beverage container recycling or litter reduction activities for which the funds will be used.
(E)The department shall annually prepare and distribute a funding request form to each city, county, or city and county. The form shall specify the amount of beverage container recycling and litter cleanup funds for which the jurisdiction is eligible. The form shall not exceed one double-sided page in length, and may be submitted electronically. If a city, county, or city and county does not return the funding request form within 90 days of receipt of the form from the department, the city, county, or city and county is not eligible to receive the funds for that funding cycle.
(F)For the purposes of this paragraph, per capita population shall be based on the population of the incorporated area of a city or city and county and the unincorporated area of a county. The department may withhold payment to any city, county, or city and county that has prohibited the siting of a supermarket site, caused a supermarket site to close its business, or adopted a land use policy that restricts or prohibits the siting of a supermarket site within its jurisdiction.
(4)One million five hundred thousand dollars ($1,500,000) may be expended annually in the form of grants for beverage container recycling and litter reduction programs.
(5)(A)The department shall expend the amount necessary to pay the processing payment established pursuant to Section 14575. The department shall establish separate processing fee accounts in the fund for each beverage container material type for which a processing payment and processing fee are calculated pursuant to Section 14575, or for which a processing payment is calculated pursuant to Section 14575 and a voluntary artificial scrap value is calculated pursuant to Section 14575.1, into which account shall be deposited both of the following:
(i)All amounts paid as processing fees for each beverage container material type pursuant to Section 14575.
(ii)Funds equal to the difference between the amount in clause (i) and the amount of the processing payments established in subdivision (b) of Section 14575, and adjusted pursuant to paragraph (2) of subdivision (c) of, and subdivision (f) of, Section 14575, to reduce the processing fee to the level provided in subdivision (e) of Section 14575, or to reflect the agreement by a willing purchaser to pay a voluntary artificial scrap value pursuant to Section 14575.1.
(B)Notwithstanding Section 13340 of the Government Code, the moneys in each processing fee account are hereby continuously appropriated to the department for expenditure without regard to fiscal years, for purposes of making processing payments pursuant to Section 14575.
(6)Up to five million dollars ($5,000,000) may be annually expended by the department for the purposes of undertaking a statewide public education and information campaign aimed at promoting increased recycling of beverage containers.
(7)Up to ten million dollars ($10,000,000) may be expended annually by the department for quality incentive payments for empty glass beverage containers pursuant to Section 14549.1.
(8)(A)For the 201920 fiscal year to the 202122 fiscal year, inclusive, the department may expend up to ten million dollars ($10,000,000) each fiscal year for market development payments to reclaimers and product manufacturers, pursuant to Section 14549.2.
(B)For purposes of this paragraph, the definitions in subdivision (a) of Section 14549.2 apply.
(9)(A)For the 201920 fiscal year to the 202122 fiscal year, inclusive, the department may expend up to a total of five million dollars ($5,000,000) to support the pilot projects created pursuant to Section 14571.9.
(B)Taking into consideration the recent closure of many of Californias recycling centers, the Legislature finds and declares that the appropriation provided for in the act that added this paragraph during the 201920 Regular Session is necessary in order to ensure the continued support of, and to bolster, consumer redemption opportunities.
(10)(A)The department may expend ____ dollars ($____) annually for grants of ____ dollars ($____) to local governments to update their beverage container recycling infrastructure to further the purpose of improving the states recycling infrastructure.
(B)The department shall, by January 1, 2023, create customer-convenient recycling collection infrastructure models for local governments based on rural, suburban, and urban areas.
(11)The department may expend ____ dollars ($____) annually for grants of ____ dollars ($____) to local governments to provide recycling education to children and community members and to direct feedback to their community members on when items are incorrectly recycled in curbside bins to further the purpose of increasing awareness of responsible recycling practices. The educational materials provided with grant moneys shall be available in multiple languages, including, but not limited to, English and Spanish.
(b)(1)If the department determines, pursuant to a review made pursuant to Section 14556, that there may be inadequate funds to pay the payments required by this division, the department shall immediately notify the appropriate policy and fiscal committees of the Legislature regarding the inadequacy.
(2)On or before 180 days, but not less than 80 days, after the notice is sent pursuant to paragraph (1), the department may reduce or eliminate expenditures, or both, from the funds as necessary, according to the procedure set forth in subdivision (c).
(c)If the department determines that there are insufficient funds to make the payments specified pursuant to this section and Section 14575, the department shall reduce all payments proportionally.
(d)Before making an expenditure pursuant to paragraph (6) of subdivision (a), the department shall convene an advisory committee consisting of representatives of the beverage industry, beverage container manufacturers, environmental organizations, the recycling industry, nonprofit organizations, and retailers to advise the department on the most cost-effective and efficient method of the expenditure of the funds for that education and information campaign.
SEC. 17.Section 14581.5 is added to the Public Resources Code, to read:14581.5.The department shall design a program to ensure the fund does not go insolvent when the beverage container recycling rate exceeds 75 percent.
SEC. 18.Section 14585.2 is added to the Public Resources Code, to read:14585.2.The department shall make a supplemental handling fee payment from the fund of ____ dollars ($____) per container per month to each rural region recycler to subsidize the rural region recyclers transportation costs.
SEC. 19.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SECTION 1.Section 14538 of the Public Resources Code is amended to read:14538.(a)(1)The department shall certify an operator of a recycling center pursuant to this section.(2)The department shall review whether an application for certification or renewal is complete within 30 working days of receipt, including compliance with subdivision (c). If the department deems an application complete, the department shall approve or deny the application no later than 45 calendar days after the date when the application was deemed complete.(b)The director shall adopt, by regulation, a procedure for the certification of recycling centers, including standards and requirements for certification. These regulations shall require that all information be submitted to the department under penalty of perjury. A recycling center shall meet all of the standards and requirements contained in the regulations for certification. The regulations shall require, but shall not be limited to requiring, that all of the following conditions be met for certification:(1)The operator of the recycling center demonstrates, to the satisfaction of the department, that the operator will operate in accordance with this division.(2)If one or more certified entities have operated at the same location within the past five years, the operations at the location of the recycling center exhibit, to the satisfaction of the department, a pattern of operation in compliance with the requirements of this division and regulations adopted pursuant to this division.(3)The operator of the recycling center notifies the department promptly of any material change in the nature of the operators operations that conflicts with information submitted in the operators application for certification.(c)(1)An applicant for certification as a recycling center, and a recycling center applying for renewal of a certification, shall complete the precertification training program required by this subdivision and meet all other qualification requirements prescribed by the department, which may include, but are not limited to, requiring the applicant to obtain a passing score on an examination administered by the department.(2)The department may use staff or industry experts, or may seek expertise available in other state agencies, to provide the training program required by this subdivision, which shall include providing technical assistance to better prepare recycling centers for successful participation in this division, thereby reducing the potential for errors, fraud, or other activities that compromise the integrity of the implementation of this division.(d)A certified recycling center shall comply with all of the following requirements for operation:(1)The operator of the recycling center shall not pay a refund value for, or receive a refund value from any processor for, any food or drink packaging material or any beverage container or other product that does not have a refund value established pursuant to Section 14560.(2)The operator of a recycling center shall take actions that satisfy the department to prevent the payment of a refund value for any food or drink packaging material or any beverage container or other product that does not have a refund value established pursuant to Section 14560.(3)Unless exempted pursuant to subdivision (b) of Section 14572, a certified recycling center shall accept, and pay at least the refund value for, all empty beverage containers, regardless of type.(4)A certified recycling center shall not pay any refund values, processing payments, or administrative fees to a noncertified recycler.(5)A certified recycling center shall not pay any refund values, processing payments, or administrative fees on empty beverage containers or other containers that the certified recycling center knew, or should have known, were coming into the state from out of the state, or are otherwise ineligible for redemption.(6)A certified recycling center shall not claim refund values, processing payments, or administrative fees on empty beverage containers that the certified recycling center knew, or should have known, were received from noncertified recyclers or on beverage containers that the certified recycling center knew, or should have known, come from out of the state, or are otherwise ineligible for redemption.(7)A certified recycling center shall prepare and maintain the following documents involving empty beverage containers, as specified by the department by regulation:(A)Shipping reports that are required to be prepared by the recycling center, or that are required to be obtained from other recycling centers.(B)Consumer transaction receipts.(C)Consumer transaction logs.(D)Rejected container receipts on materials subject to this division.(E)Receipts for transactions with beverage manufacturers on materials subject to this division.(F)Receipts for transactions with beverage distributors on materials subject to this division.(G)Documents authorizing the recycling center to cancel empty beverage containers.(H)Weight tickets.(8)In addition to the requirements of paragraph (7), a certified recycling center shall cooperate with the department and make available its records of scrap transactions when the review of these records is necessary for an audit or investigation by the department.(e)The department may recover, in restitution pursuant to paragraph (5) of subdivision (c) of Section 14591.2, payments made from the fund to the certified recycling center pursuant to Section 14573.5 that are based on the documents specified in paragraph (7) of subdivision (d), that are not prepared or maintained in compliance with the departments regulations, and that do not allow the department to verify claims for program payments.(f)The department may certify a recycling center that will operate less than 30 hours a week, as specified in paragraph (2) of subdivision (b) of Section 14571.(a)(1)The department shall certify an operator of a recycling center pursuant to this section.
(2)The department shall review whether an application for certification or renewal is complete within 30 working days of receipt, including compliance with subdivision (c). If the department deems an application complete, the department shall approve or deny the application no later than 60 45 calendar days after the date when the application was deemed complete.
(b)The director shall adopt, by regulation, a procedure for the certification of recycling centers, including standards and requirements for certification. These regulations shall require that all information be submitted to the department under penalty of perjury. A recycling center shall meet all of the standards and requirements contained in the regulations for certification. The regulations shall require, but shall not be limited to requiring, that all of the following conditions be met for certification:
(1)The operator of the recycling center demonstrates, to the satisfaction of the department, that the operator will operate in accordance with this division.
(2)If one or more certified entities have operated at the same location within the past five years, the operations at the location of the recycling center exhibit, to the satisfaction of the department, a pattern of operation in compliance with the requirements of this division and regulations adopted pursuant to this division.
(3)The operator of the recycling center notifies the department promptly of any material change in the nature of his or her the operators operations that conflicts with information submitted in the operators application for certification.
(c)(1)An applicant for certification as a recycling center, and a recycling center applying for renewal of a certification, shall complete the precertification training program required by this subdivision and meet all other qualification requirements prescribed by the department, which may include, but are not limited to, requiring the applicant to obtain a passing score on an examination administered by the department.
(2)The department may use staff or industry experts, or may seek expertise available in other state agencies, to provide the training program required by this subdivision, which shall include providing technical assistance to better prepare recycling centers for successful participation in this division, thereby reducing the potential for errors, fraud, or other activities that compromise the integrity of the implementation of this division.
(d)A certified recycling center shall comply with all of the following requirements for operation:
(1)The operator of the recycling center shall not pay a refund value for, or receive a refund value from any processor for, any food or drink packaging material or any beverage container or other product that does not have a refund value established pursuant to Section 14560.
(2)The operator of a recycling center shall take actions that satisfy the department to prevent the payment of a refund value for any food or drink packaging material or any beverage container or other product that does not have a refund value established pursuant to Section 14560.
(3)Unless exempted pursuant to subdivision (b) of Section 14572, a certified recycling center shall accept, and pay at least the refund value for, all empty beverage containers, regardless of type.
(4)A certified recycling center shall not pay any refund values, processing payments, or administrative fees to a noncertified recycler.
(5)A certified recycling center shall not pay any refund values, processing payments, or administrative fees on empty beverage containers or other containers that the certified recycling center knew, or should have known, were coming into the state from out of the state, or are otherwise ineligible for redemption.
(6)A certified recycling center shall not claim refund values, processing payments, or administrative fees on empty beverage containers that the certified recycling center knew, or should have known, were received from noncertified recyclers or on beverage containers that the certified recycling center knew, or should have known, come from out of the state, or are otherwise ineligible for redemption.
(7)A certified recycling center shall prepare and maintain the following documents involving empty beverage containers, as specified by the department by regulation:
(A)Shipping reports that are required to be prepared by the recycling center, or that are required to be obtained from other recycling centers.
(B)Consumer transaction receipts.
(C)Consumer transaction logs.
(D)Rejected container receipts on materials subject to this division.
(E)Receipts for transactions with beverage manufacturers on materials subject to this division.
(F)Receipts for transactions with beverage distributors on materials subject to this division.
(G)Documents authorizing the recycling center to cancel empty beverage containers.
(H)Weight tickets.
(8)In addition to the requirements of paragraph (7), a certified recycling center shall cooperate with the department and make available its records of scrap transactions when the review of these records is necessary for an audit or investigation by the department.
(e)The department may recover, in restitution pursuant to paragraph (5) of subdivision (c) of Section 14591.2, payments made from the fund to the certified recycling center pursuant to Section 14573.5 that are based on the documents specified in paragraph (7), (7) of subdivision (d), that are not prepared or maintained in compliance with the departments regulations, and that do not allow the department to verify claims for program payments.
(f)The department may certify a recycling center that will operate less than 30 hours a week, as specified in paragraph (2) of subdivision (b) of Section 14571.
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Date
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Status
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| Aug 11, 2022 | In committee: Held under submission. |
| Jun 20, 2022 | In committee: Referred to suspense file. |
| Jun 1, 2022 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (June 1). Re-referred to Com. on APPR. |
| May 4, 2022 | Referred to Com. on E.Q. |
| Jan 27, 2022 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Jan 27, 2022 | Read third time. Passed. Ordered to the Senate. (Ayes 53. Noes 15. Page 3403.) |
| Jan 24, 2022 | Read second time. Ordered to third reading. |
| Jan 20, 2022 | From committee: Do pass. (Ayes 12. Noes 3.) (January 20). |
| Jan 13, 2022 | Re-referred to Com. on APPR. |
| Jan 12, 2022 | Read second time and amended. |
| Jan 11, 2022 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 1.) (January 10). |
| Jan 4, 2022 | Re-referred to Com. on NAT. RES. |
| Jan 3, 2022 | From committee chair, with author's amendments: Amend, and re-refer to Com. on NAT. RES. Read second time and amended. |
| Apr 21, 2021 | Re-referred to Com. on NAT. RES. |
| Apr 20, 2021 | From committee chair, with author's amendments: Amend, and re-refer to Com. on NAT. RES. Read second time and amended. |
| Mar 4, 2021 | Referred to Com. on NAT. RES. |
| Feb 19, 2021 | From printer. May be heard in committee March 21. |
| Feb 18, 2021 | Read first time. To print. |
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Date
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Description
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Location
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Votes
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| Jan 27, 2022 | AB 1067 Ting Assembly Third Reading | Assembly Floor |
Passed |
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Bill Author
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