Bill Text: CA SB372 | 2019-2020 | Regular Session | Amended
Bill Title: Beverage Container Recycling Act of 2020.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2020-02-03 - Died on file pursuant to Joint Rule 56. [SB372 Detail]
Download: California-2019-SB372-Amended.html
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Amended
IN
Senate
January 23, 2020 |
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Amended
IN
Senate
January 06, 2020 |
CALIFORNIA LEGISLATURE—
2019–2020 REGULAR SESSION
Senate Bill
No. 372
| Introduced by Senator Wieckowski |
February 20, 2019 |
An act to amend, repeal, and add Sections 12024.13, 21608.5, and 23671 of the Business and Professions Code, to amend, repeal, and add Sections 47605.1, 47612.1, and 52052 of the Education Code, to amend, repeal, and add Section 8585.8 of the Government Code, to amend, repeal, and add Sections 186.2 and 186.8 of the Penal Code, to amend Section 12165 of the Public Contract Code, to amend Sections 14526.5, 14571.5, 14571.8, and 42889 of, to amend and repeal Section 17002 of, to amend, repeal, and add Sections 615, 5845.8, 14315, 14411, 17000, 17001, 17003, 19535, 31178, 40003, 42476, 48653, 80016, and 80136 of, to add Section 14100.5 to, to add Chapter 9 (commencing with Section 14600) to Division 12.1 of, to add Chapter 20.5 (commencing with Section 42984) to Part 3 of Division 30 of, to repeal Section 40511 of, and to repeal and add
Division 12.1 (commencing with Section 14500) of, the Public Resources Code, to amend Sections 17153.5 and 24315 of the Revenue and Taxation Code, to amend, repeal, and add Sections 2370 and 2382 of the Streets and Highways Code, and to amend, repeal, and add Section 79714 of the Water Code, relating to recycling.
LEGISLATIVE COUNSEL'S DIGEST
SB 372, as amended, Wieckowski.
Beverage Container Recycling Act of 2020.
(1) Existing law, the Used Mattress Recovery and Recycling Act, requires a mattress recycling organization, comprised of manufacturers of mattresses sold in the state, to develop and submit to the Department of Resources Recycling and Recovery for approval a plan, including a budget to implement the plan, for the recovery and recycling of used mattresses. The act requires the organization to submit annual reports to the department and subjects the organization to audits, if necessary. The act requires the organization to reimburse the department for costs for implementing and enforcing the act. Under the act, a retailer is prohibited from selling, distributing, or offering for sale a mattress in the state unless the retailer is in compliance with the act, and a manufacturer, renovator, or distributor is prohibited from selling, offering for sale, or importing a
mattress, or selling or distributing a mattress to a distributor or retailer, unless the manufacturer, renovator, or distributor is in compliance with the act. A violation of the act may be subject to an administrative civil penalty.
This bill would require distributors of beverage containers in the state to form a beverage container stewardship organization. The organization would be required to develop and submit a plan and budget for the recovery and recycling of empty beverage containers similar to that described in the Used Mattress Recovery and Recycling Act, and would require the organization to establish a stewardship fee, to be paid by distributor members of the organization, to assist in covering the costs of implementing the program. The act would require the organization to reimburse the department for the department’s costs of enforcement. The bill would impose similar administrative civil penalties for a violation of these provisions.
(2) 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 authorizes the director of the department Director of Resources Recycling and Recovery to exempt, if
certain conditions are met, an individual convenience zone from the requirement that it have at least one certified recycling center or location and limits the total number of exemptions the director may grant to 35% of the total number of convenience zones identified pursuant to the act. For purposes of the act, “supermarket” is defined as a full-line, self-service retail store with gross annual sales of $2,000,000, or more, and that sells specified food items. A violation of the act is an infraction.
This bill, for purposes of defining a “supermarket,” would increase the minimum gross annual sales to $4,000,000 and make conforming changes. The bill, until December 31, 2023, would increase the limit on the total number of exemptions the director may grant to 50%.
(3) This bill, commencing January 1, 2024, would revise and recast the provisions of the California Beverage Container Recycling and Litter
Reduction Act, which would be renamed the Beverage Container Recycling Program, and would include wine and distilled spirits as beverages under the program. The bill would specify a refund value for beverage containers and would require the department Department of Resources Recycling and Recovery to provide recommendations to the Legislature on ways to increase the aggregate recycling rate if the recycling rate for beverage containers drops below a certain threshold. The bill would require the beverage container stewardship organization, as a part of its stewardship plan described above, to establish processes for the payment and collection of minimum refund values by the organization. The bill would require the organization to, among other things, designate convenience zones in the state to provide for the convenient
redemption of beverage containers by consumers, establish an incentive payment to be paid by the organization to recycling centers for empty beverage containers redeemed by the recycling center, establish a payment to be paid by the organization to a processor to help ensure the processor, recycling center, or dropoff or collection program is not operating at a loss, establish procedures and funding for the recycling of empty beverage containers collected pursuant to residential curbside collection programs, and establish procedures for a consumer to redeem empty beverage containers if no certified recycling center is established in a convenience zone. By increasing the scope of various crimes, this bill would impose a state-mandated local program. The bill would require the beverage container stewardship organization to retain refund values not redeemed and to use those moneys for the administration of the beverage container
stewardship program and for specified purposes relating to the recycling of beverage containers. The bill would repeal certain annual disbursements that are made by the department under the act, and would limit moneys received by the department under the program to penalties for violating these provisions and charges to fund the department’s administration of the program.
(4) This bill would also update cross references and make other clarifying and conforming changes.
(5) 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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
This act shall be known, and may be cited, as the Beverage Container Recycling Act of 2020.SEC. 2.
Section 12024.13 of the Business and Professions Code is amended to read:12024.13.
(a) A dealer of a beverage in a container subject to Division 12.1 (commencing with Section 14500) of the Public Resources Code shall not charge an amount for a redemption payment for a beverage container that is greater than the amount set forth in Section 14560 of the Public Resources Code.(b) For purposes of this section, “dealer” has the same meaning as in Section 14510 of the Public Resources Code.
(c) A violation of this section is an infraction punishable by a fine of not more than one hundred dollars ($100) when the overcharge is one dollar ($1) or less.
(d) In the written report required pursuant to Section 12209, a sealer shall separately report any action taken to enforce this section that results in a penalty being levied for a violation of this section.
(e) Nothing in this section is intended to limit or alter the authority of the Department of Resources Recycling and Recovery under the California Beverage Container Recycling and Litter Reduction Act (Division 12.1 (commencing with Section 14500) of the Public Resources Code).
(f) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 3.
Section 12024.13 is added to the Business and Professions Code, to read:12024.13.
(a) A dealer of a beverage in a container subject to Division 12.1 (commencing with Section 14500) of the Public Resources Code shall not charge an amount for a refund value for a beverage container that is greater than the amount set forth in Section 14560 of the Public Resources Code.(b) For purposes of this section, “dealer” has the same meaning as in Section 14510 of the Public Resources Code.
(c) A violation of this section is an infraction punishable by a fine of not more than one hundred dollars ($100) when the overcharge is one dollar ($1) or less.
(d) In the written report required pursuant to Section 12209, a sealer shall separately report any action taken to enforce this section that results in a penalty being levied for a violation of this section.
(e) Nothing in this section is intended to limit or alter the authority of the Department of Resources Recycling and Recovery under the Beverage Container Recycling Program (Division 12.1 (commencing with Section 14500) of the Public Resources Code).
(f) This section shall become operative on January 1, 2024.
SEC. 4.
Section 21608.5 of the Business and Professions Code is amended to read:21608.5.
(a) A junk dealer or recycler in this state shall not provide payment for nonferrous material unless, in addition to meeting the written record requirements of Sections 21605 and 21606, all of the following requirements are met:(1) (A) The payment for the material is made by cash, general use prepaid card, or check. The check may be mailed to the seller at the address provided pursuant to paragraph (3), or the cash or check may be collected by the seller from the junk dealer or recycler on or after the third business day after the date of sale. If the buyer offers, and the seller agrees, to have the payment made by general use prepaid card, the card may be
provided to the seller at the time of sale, but funds shall not be available to the seller until the third business day after the date of sale.
(B) If payment is made by general use prepaid card, a junk dealer or recycler shall pay any one-time initial issuance fee.
(C) A general use prepaid card used pursuant to this section shall allow for reasonably convenient access to a surcharge-free cash access network location, and the junk dealer or recycler shall inform the seller as to the location of a designated surcharge-free cash access network location upon issuance of the card.
(D) Nothing in this section shall prevent or regulate the fees or surcharges charged by a bank or credit union that is not a party to the contract that
requires payment to be made by a general use prepaid card.
(2) At the time of sale, the junk dealer or recycler obtains a clear photograph or video of the seller.
(3) (A) Except as provided in subparagraph (B), the junk dealer or recycler obtains a copy of the valid driver’s license of the seller containing a photograph and an address of the seller, a copy of a state or federal government-issued identification card containing a photograph and an address of the seller, a passport from any other country in addition to another item of identification bearing an address of the seller, or a Matricula Consular in addition to another item of identification bearing an address of the seller.
(B) If the seller
prefers to have the check or general use prepaid card with payment for the material mailed to an alternative address, other than a post office box, the junk dealer or recycler shall obtain a copy of a driver’s license or identification card described in subparagraph (A), and a gas or electric utility bill addressed to the seller at that alternative address with a payment due date no more than two months prior to the date of sale. For purposes of this paragraph, “alternative address” means an address that is different from the address appearing on the seller’s driver’s license or identification card.
(4) The junk dealer or recycler obtains a clear photograph or video of the nonferrous material being purchased.
(5) The junk dealer or recycler shall preserve the information obtained
pursuant to this subdivision for a period of two years after the date of sale.
(6) (A) The junk dealer or recycler obtains a thumbprint of the seller, as prescribed by the Department of Justice. The junk dealer or recycler shall keep this thumbprint with the information obtained under this subdivision and shall preserve the thumbprint in either hardcopy or electronic format for a period of two years after the date of sale.
(B) Inspection or seizure of the thumbprint shall only be performed by a peace officer acting within the scope of the peace officer’s authority in response to a criminal search warrant signed by a magistrate and served on the junk dealer or recycler by the peace officer. Probable cause for the issuance of that warrant shall be based upon a theft
specifically involving the transaction for which the thumbprint was given.
(b) Paragraph (1) of subdivision (a) shall not apply if, during any three-month period commencing on or after the effective date of this section, the junk dealer or recycler completes five or more separate transactions per month, on five or more separate days per month, with the seller and, in order for paragraph (1) of subdivision (a) to continue to be inapplicable, the seller shall continue to complete five or more separate transactions per month with the junk dealer or recycler.
(c) This section shall not apply if, on the date of sale, the junk dealer or recycler has on file or receives all of the following information:
(1) The name,
physical business address, and business telephone number of the seller’s business.
(2) The business license number or tax identification number of the seller’s business.
(3) A copy of the valid driver’s license of the person delivering the nonferrous material on behalf of the seller to the junk dealer or the recycler.
(d) (1) This section shall not apply to the purchase of nonferrous material having a value of not more than twenty dollars ($20) in a single transaction, when the majority of the transaction is for the redemption of beverage containers under the California Beverage Container Recycling and Litter Reduction Act, as set forth in Division 12.1 (commencing with Section 14500) of the
Public Resources Code.
(2) Materials made of copper or copper alloys shall not be purchased under this subdivision.
(e) This section shall not apply to coin dealers or to automobile dismantlers, as defined in Section 220 of the Vehicle Code.
(f) For purposes of this section, “designated surcharge-free cash access network location” means a location designated, in a contract between a junk dealer or recycler and a card issuer, as a location where a general use prepaid card holder can withdraw cash without paying a surcharge.
(g) For purposes of this section, “general use prepaid card” has the same meaning as “prepaid account” in Section 1005.2 of Title 12 of
the Code of Federal Regulations as it read on April 1, 2019, except that a general use prepaid card does not include a card for which any of the following fees are charged by the card issuer to the card user:
(1) A fee or surcharge to make a purchase with the card.
(2) A fee or surcharge to make a balance inquiry.
(3) A fee or surcharge to withdraw funds at a designated surcharge-free cash access network location.
(4) A fee or surcharge to lodge a dispute regarding the balance of funds on the card.
(5) A fee or surcharge for account inactivity.
(h) For the purposes of this section, “nonferrous material” means copper, copper alloys, stainless steel, or aluminum, but does not include beverage containers, as defined in Section 14505 of the Public Resources Code, that are subject to a redemption payment pursuant to Section 14560 of the Public Resources Code.
(i) This section is intended to occupy the entire field of law related to junk dealer or recycler transactions involving nonferrous material. However, a city or county ordinance, or a city and county ordinance, relating to the subject matter of this section is not in conflict with this section if the ordinance is passed by a two-thirds vote and it can be demonstrated by clear and convincing evidence that the ordinance is both necessary and addresses a unique problem within and specific to the jurisdiction of the ordinance that
cannot effectively be addressed under this section.
(j) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 5.
Section 21608.5 is added to the Business and Professions Code, to read:21608.5.
(a) A junk dealer or recycler in this state shall not provide payment for nonferrous material unless, in addition to meeting the written record requirements of Sections 21605 and 21606, all of the following requirements are met:(1) (A) The payment for the material is made by cash, general use prepaid card, or check. The check may be mailed to the seller at the address provided pursuant to paragraph (3), or the cash or check may be collected by the seller from the junk dealer or recycler on or after the third business day after the date of sale. If the buyer offers, and the seller agrees, to have the payment made by general use prepaid card, the card
may be provided to the seller at the time of sale, but funds shall not be available to the seller until the third business day after the date of sale.
(B) If payment is made by general use prepaid card, a junk dealer or recycler shall pay any one-time initial issuance fee.
(C) A general use prepaid card used pursuant to this section shall allow for reasonably convenient access to a surcharge-free cash access network location, and the junk dealer or recycler shall inform the seller as to the location of a designated surcharge-free cash access network location upon issuance of the card.
(D) Nothing in this section shall prevent or regulate the fees or surcharges charged by a bank or credit union that is not a party to the
contract that requires payment to be made by a general use prepaid card.
(2) At the time of sale, the junk dealer or recycler obtains a clear photograph or video of the seller.
(3) (A) Except as provided in subparagraph (B), the junk dealer or recycler obtains a copy of the valid driver’s license of the seller containing a photograph and an address of the seller, a copy of a state or federal government-issued identification card containing a photograph and an address of the seller, a passport from any other country in addition to another item of identification bearing an address of the seller, or a Matricula Consular in addition to another item of identification bearing an address of the seller.
(B) If the seller prefers to have the check or general use prepaid card with payment for the material mailed to an alternative address, other than a post office box, the junk dealer or recycler shall obtain a copy of a driver’s license or identification card described in subparagraph (A), and a gas or electric utility bill addressed to the seller at that alternative address with a payment due date no more than two months prior to the date of sale. For purposes of this paragraph, “alternative address” means an address that is different from the address appearing on the seller’s driver’s license or identification card.
(4) The junk dealer or recycler obtains a clear photograph or video of the nonferrous material being purchased.
(5) The junk dealer or recycler shall preserve
the information obtained pursuant to this subdivision for a period of two years after the date of sale.
(6) (A) The junk dealer or recycler obtains a thumbprint of the seller, as prescribed by the Department of Justice. The junk dealer or recycler shall keep this thumbprint with the information obtained under this subdivision and shall preserve the thumbprint in either hardcopy or electronic format for a period of two years after the date of sale.
(B) Inspection or seizure of the thumbprint shall only be performed by a peace officer acting within the scope of the peace officer’s authority in response to a criminal search warrant signed by a magistrate and served on the junk dealer or recycler by the peace officer. Probable cause for the issuance of that
warrant shall be based upon a theft specifically involving the transaction for which the thumbprint was given.
(b) Paragraph (1) of subdivision (a) shall not apply if, during any three-month period commencing on or after the effective date of this section, the junk dealer or recycler completes five or more separate transactions per month, on five or more separate days per month, with the seller and, in order for paragraph (1) of subdivision (a) to continue to be inapplicable, the seller shall continue to complete five or more separate transactions per month with the junk dealer or recycler.
(c) This section shall not apply if, on the date of sale, the junk dealer or recycler has on file or receives all of the following information:
(1) The name, physical business address, and business telephone number of the seller’s business.
(2) The business license number or tax identification number of the seller’s business.
(3) A copy of the valid driver’s license of the person delivering the nonferrous material on behalf of the seller to the junk dealer or the recycler.
(d) (1) This section shall not apply to the purchase of nonferrous material having a value of not more than twenty dollars ($20) in a single transaction, when the majority of the transaction is for the redemption of beverage containers under the Beverage Container Recycling Program, as set forth in Division 12.1 (commencing with Section 14500) of the Public
Resources Code.
(2) Materials made of copper or copper alloys shall not be purchased under this subdivision.
(e) This section shall not apply to coin dealers or to automobile dismantlers, as defined in Section 220 of the Vehicle Code.
(f) For purposes of this section, “designated surcharge-free cash access network location” means a location designated, in a contract between a junk dealer or recycler and a card issuer, as a location where a general use prepaid card holder can withdraw cash without paying a surcharge.
(g) For purposes of this section, “general use prepaid card” has the same meaning as “prepaid account” in Section 1005.2 of Title 12 of the Code
of Federal Regulations as it read on April 1, 2019, except that a general use prepaid card does not include a card for which any of the following fees are charged by the card issuer to the card user:
(1) A fee or surcharge to make a purchase with the card.
(2) A fee or surcharge to make a balance inquiry.
(3) A fee or surcharge to withdraw funds at a designated surcharge-free cash access network location.
(4) A fee or surcharge to lodge a dispute regarding the balance of funds on the card.
(5) A fee or surcharge for account inactivity.
(h) For the purposes of this section, “nonferrous material” means copper, copper alloys, stainless steel, or aluminum, but does not include beverage containers, as defined in Section 14505 of the Public Resources Code, that are subject to a refund value pursuant to Section 14560 of the Public Resources Code.
(i) This section is intended to occupy the entire field of law related to junk dealer or recycler transactions involving nonferrous material. However, a city or county ordinance, or a city and county ordinance, relating to the subject matter of this section is not in conflict with this section if the ordinance is passed by a two-thirds vote and it can be demonstrated by clear and convincing evidence that the ordinance is both necessary and addresses a unique problem within and specific to the jurisdiction of the ordinance that
cannot effectively be addressed under this section.
(j) This section shall become operative on January 1, 2024.
SEC. 6.
Section 23671 of the Business and Professions Code is amended to read:23671.
(a) (b) If any out-of-state vendor, after obtaining the certificate, fails to submit the report or to comply with Section 14575 of the Public Resources Code, the department may suspend or revoke the certificate of compliance in the manner provided for the
suspension or revocation of licenses, and after a hearing which that shall be held in the City of Sacramento or in any other county seat in this state which the department determines to be convenient to the holder of the certificate. No A fee shall not be charged for the certificate of compliance, which shall remain in effect until revoked by the department.
(c) This section shall remain in effect
only until January 1, 2024, and as of that date is repealed.
SEC. 7.
Section 23671 is added to the Business and Professions Code, to read:23671.
(a)(b) If any out-of-state vendor, after obtaining the certificate, fails to submit the report, the department may suspend or revoke the certificate of compliance in the manner provided for the suspension or revocation of licenses, and after a hearing which
that shall be held in the City of Sacramento or in any other county seat in this state that the department determines to be convenient to the holder of the certificate. No A fee shall not be charged for the certificate of compliance, which shall remain in effect until revoked by the department.
(c) This section shall become operative on January 1, 2024.
SEC. 8.
Section 47605.1 of the Education Code, as amended by Section 2 of Chapter 487 of the Statutes of 2019, is amended to read:47605.1.
(a) (1) Notwithstanding any other law, a charter school that is granted a charter from the governing board of a school district or county office of education after July 1, 2002, and commences providing educational services to pupils on or after July 1, 2002, shall locate in accordance with the geographic and site limitations of this part.(2) Notwithstanding any other law, a charter school that is granted a charter by the state board after July 1, 2002, and commences providing educational services to pupils on or after July 1, 2002, based on the denial of a petition by the governing board of a school district or county board of education, as described in
paragraphs (1) and (2) of subdivision (k) of Section 47605, may locate only within the geographic boundaries of the chartering entity that initially denied the petition for the charter.
(3) A charter school that receives approval of its charter from a governing board of a school district, a county office of education, or the state board before July 1, 2002, but does not commence operations until after January 1, 2003, shall be subject to the geographic limitations of this part, in accordance with subdivision (d).
(b) This section is not intended to affect the admission requirements contained in subdivision (e) of Section 47605.
(c) (1) A charter school may establish one resource center, meeting space, or
other satellite facility within the jurisdiction of the school district where the charter school is physically located if the following conditions are met:
(A) The facility is used exclusively for the educational support of pupils who are enrolled in nonclassroom-based independent study of the charter school.
(B) The charter school provides its primary educational services in, and a majority of the pupils it serves are residents of, the county in which the charter school is authorized.
(2) Except as provided in paragraphs (5) to (9), inclusive, a charter school shall not establish a resource center, meeting space, or other satellite facility in any other location than the one authorized in paragraph (1).
(3) A charter school shall notify the charter school’s chartering authority of the name and physical location of any resource center, meeting space, or other satellite facility operated by that charter school.
(4) Notwithstanding Section 33050 or any other law, the state board shall not waive the restrictions listed in this subdivision.
(5) (A) A charter school that was operating a resource center, meeting space, or other satellite facility outside the jurisdiction of the school district where the charter school is physically located before January 1, 2020, may continue to operate the resource center, meeting space, or other satellite facility until the charter school submits a request for the renewal of
its charter petition. To continue operating the resource center, meeting space, or other satellite facility, the charter school, before submitting the request to the charter school’s chartering authority for the renewal of the charter petition, shall first obtain approval in writing from the school district where the resource center, meeting space, or other satellite facility is operating.
(B) The department shall regard as a continuing charter school for all purposes a nonclassroom-based charter school that was granted approval of its petition, that was providing educational services to pupils prior to October 1, 2019, and is authorized by a different chartering authority due to changes to this subdivision by the addition of this paragraph that took effect January 1, 2020.
(6) A
countywide charter school approved by a county office of education that is operating a resource center, meeting space, or other satellite facility in a county other than the county in which the countywide charter school is authorized before January 1, 2020, may continue to operate that resource center, meeting space, or other satellite facility until the countywide charter school submits a request for the renewal of its charter petition. To continue operating the resource center, meeting space, or other satellite facility, the countywide charter school, before submitting the request to the countywide charter school’s chartering authority for the renewal of the charter petition, shall obtain approval in writing from the county office of education where the resource center, meeting space, or other satellite facility is operating.
(7) If a
Presidential declaration of a major disaster or emergency is issued in accordance with the federal Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. Sec. 5121 et seq.) for an area in which a charter school is operating a resource center, meeting space, or other satellite facility, the charter school, for not more than five years, may relocate the resource center, meeting space, or other satellite facility outside the area subject to the Presidential declaration if the charter school first obtains the written approval of the school district where the resource center, meeting space, or other satellite facility is being relocated to.
(8) A charter school may establish additional resource centers, meetings spaces, or other satellite facilities within the jurisdiction of the charter school’s chartering authority only if both of
the following are met:
(A) The charter school is physically located within the boundaries of the charter school’s chartering authority.
(B) The charter school has obtained written approval from the charter school’s chartering authority for each additional resource center, meeting space, or other satellite facility.
(9) (A) Notwithstanding paragraph (5), a charter school that operates a resource center located in a school district outside of the boundaries of the charter school’s authorizing school district may continue to operate the existing resource center if all of the following conditions are met:
(i) The charter school operating the
resource center is authorized by, and physically located in, a school district adjacent to a school district with an enrollment of at least 500,000 pupils.
(ii) The charter school operating the resource center was established before January 1, 2009.
(iii) The resource center is physically located in a school district with an enrollment of at least 500,000 pupils and was established before January 1, 2011.
(iv) The resource center serves a pupil population of which at least 50 percent of the pupils are currently or formerly on probation or were formerly incarcerated individuals.
(B) A charter school described in this paragraph shall not establish a new
resource center outside of the boundaries of the charter school’s authorizing school district.
(d) (1) For a charter school that was granted approval of its charter before July 1, 2002, and provided educational services to pupils before July 1, 2002, this section only applies to new educational services or schoolsites established or acquired by the charter school on or after July 1, 2002.
(2) For a charter school that was granted approval of its charter before July 1, 2002, but did not provide educational services to pupils before July 1, 2002, this section only applies upon the expiration of a charter that is in existence on January 1, 2003.
(3) Notwithstanding other implementation timelines in this section,
by June 30, 2005, or upon the expiration of a charter that is in existence on January 1, 2003, whichever is later, all charter schools shall be required to comply with this section for schoolsites at which educational services are provided to pupils before or after July 1, 2002, regardless of whether the charter school initially received approval of its charter school petition before July 1, 2002. To achieve compliance with this section, a charter school shall be required to receive approval of a charter petition in accordance with this section and Section 47605.
(4) This section is not intended to affect the authority of a governmental entity to revoke a charter that is granted on or before the effective date of this section.
(e) A charter school that submits its petition directly to
a county board of education, as authorized by Section 47605.5 or 47605.6, may establish charter school operations only within the geographical boundaries of the county in which that county board of education has jurisdiction.
(f) Notwithstanding any other law, the jurisdictional limitations set forth in this section do not apply to a charter school that provides instruction exclusively in partnership with any of the following:
(1) The federal Workforce Innovation and Opportunity Act (29 U.S.C. Sec. 3101 et seq.).
(2) Federally affiliated YouthBuild programs.
(3) Federal job corps training or instruction provided pursuant to a memorandum of understanding
with the federal provider.
(4) The California Conservation Corps pursuant to Section 14406 of the Public Resources Code or a community conservation corps certified by the California Conservation Corps pursuant to Section 14507.5 of the Public Resources Code.
(5) Instruction provided to juvenile court school pupils pursuant to subdivision (b) of Section 42238.18 or pursuant to Section 1981 for individuals who are placed in a residential facility.
(g) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 9.
Section 47605.1 is added to the Education Code, to read:47605.1.
(a) (1) Notwithstanding any other law, a charter school that is granted a charter from the governing board of a school district or county office of education after July 1, 2002, and commences providing educational services to pupils on or after July 1, 2002, shall locate in accordance with the geographic and site limitations of this part.(2) Notwithstanding any other law, a charter school that is granted a charter by the state board after July 1, 2002, and commences providing educational services to pupils on or after July 1, 2002, based on the denial of a petition by the governing board of a school district or
county board of education, as described in paragraphs (1) and (2) of subdivision (k) of Section 47605, may locate only within the geographic boundaries of the chartering entity that initially denied the petition for the charter.
(3) A charter school that receives approval of its charter from a governing board of a school district, a county office of education, or the state board before July 1, 2002, but does not commence operations until after January 1, 2003, shall be subject to the geographic limitations of this part, in accordance with subdivision (d).
(b) This section is not intended to affect the admission requirements contained in subdivision (e) of Section 47605.
(c) (1) A charter school may establish one resource center, meeting space, or other satellite facility within the jurisdiction of the school district where the charter school is physically located if the following conditions are met:
(A) The facility is used exclusively for the educational support of pupils who are enrolled in nonclassroom-based independent study of the charter school.
(B) The charter school provides its primary educational services in, and a majority of the pupils it serves are residents of, the county in which the charter school is authorized.
(2) Except as provided in paragraphs (5) to (9),
inclusive, a charter school shall not establish a resource center, meeting space, or other satellite facility in any other location than the one authorized in paragraph (1).
(3) A charter school shall notify the charter school’s chartering authority of the name and physical location of any resource center, meeting space, or other satellite facility operated by that charter school.
(4) Notwithstanding Section 33050 or any other law, the state board shall not waive the restrictions listed in this subdivision.
(5) (A) A charter school that was operating a resource center, meeting space, or other satellite facility outside the
jurisdiction of the school district where the charter school is physically located before January 1, 2020, may continue to operate the resource center, meeting space, or other satellite facility until the charter school submits a request for the renewal of its charter petition. To continue operating the resource center, meeting space, or other satellite facility, the charter school, before submitting the request to the charter school’s chartering authority for the renewal of the charter petition, shall first obtain approval in writing from the school district where the resource center, meeting space, or other satellite facility is operating.
(B) The department shall regard as a continuing charter school for all purposes a nonclassroom-based charter school that was granted approval of its petition, that was
providing educational services to pupils prior to October 1, 2019, and is authorized by a different chartering authority due to changes to this subdivision by the addition of this paragraph that took effect January 1, 2020.
(6) A countywide charter school approved by a county office of education that is operating a resource center, meeting space, or other satellite facility in a county other than the county in which the countywide charter school is authorized before January 1, 2020, may continue to operate that resource center, meeting space, or other satellite facility until the countywide charter school submits a request for the renewal of its charter petition. To continue operating the resource center, meeting space, or other satellite facility, the countywide charter school, before submitting the request to the
countywide charter school’s chartering authority for the renewal of the charter petition, shall obtain approval in writing from the county office of education where the resource center, meeting space, or other satellite facility is operating.
(7) If a Presidential declaration of a major disaster or emergency is issued in accordance with the federal Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. Sec. 5121 et seq.) for an area in which a charter school is operating a resource center, meeting space, or other satellite facility, the charter school, for not more than five years, may relocate the resource center, meeting space, or other satellite facility outside the area subject to the Presidential declaration if the charter school first obtains the written approval of the school district
where the resource center, meeting space, or other satellite facility is being relocated to.
(8) A charter school may establish additional resource centers, meetings spaces, or other satellite facilities within the jurisdiction of the charter school’s chartering authority only if both of the following are met:
(A) The charter school is physically located within the boundaries of the charter school’s chartering authority.
(B) The charter school has obtained written approval from the charter school’s chartering authority for each additional resource center, meeting space, or other satellite facility.
(9) (A) Notwithstanding paragraph (5), a charter school that operates a resource center located in a school district outside of the boundaries of the charter school’s authorizing school district may continue to operate the existing resource center if all of the following conditions are met:
(i) The charter school operating the resource center is authorized by, and physically located in, a school district adjacent to a school district with an enrollment of at least 500,000 pupils.
(ii) The charter school operating the resource center was established before January 1, 2009.
(iii) The
resource center is physically located in a school district with an enrollment of at least 500,000 pupils and was established before January 1, 2011.
(iv) The resource center serves a pupil population of which at least 50 percent of the pupils are currently or formerly on probation or were formerly incarcerated individuals.
(B) A charter school described in this paragraph shall not establish a new resource center outside of the boundaries of the charter school’s authorizing school district.
(d) (1) For a charter school that was granted approval of its charter before July 1, 2002, and provided educational services to pupils
before July 1, 2002, this section only applies to new educational services or schoolsites established or acquired by the charter school on or after July 1, 2002.
(2) For a charter school that was granted approval of its charter before July 1, 2002, but did not provide educational services to pupils before July 1, 2002, this section only applies upon the expiration of a charter that is in existence on January 1, 2003.
(3) Notwithstanding other implementation timelines in this section, by June 30, 2005, or upon the expiration of a charter that is in existence on January 1, 2003, whichever is later, all charter schools shall be required to comply with this section for schoolsites at which educational services are provided to pupils before
or after July 1, 2002, regardless of whether the charter school initially received approval of its charter school petition before July 1, 2002. To achieve compliance with this section, a charter school shall be required to receive approval of a charter petition in accordance with this section and Section 47605.
(4) This section is not intended to affect the authority of a governmental entity to revoke a charter that is granted on or before the effective date of this section.
(e) A charter school that submits its petition directly to a county board of education, as authorized by Section 47605.5 or 47605.6, may establish charter school operations only within the geographical boundaries of the county in which that county board of
education has jurisdiction.
(f) Notwithstanding any other law, the jurisdictional limitations set forth in this section do not apply to a charter school that provides instruction exclusively in partnership with any of the following:
(1) The federal Workforce Innovation and Opportunity Act (29 U.S.C. Sec. 3101 et seq.).
(2) Federally affiliated YouthBuild programs.
(3) Federal job corps training or instruction provided pursuant to a memorandum of understanding with the federal provider.
(4) The California Conservation Corps pursuant to Section 14406 of the Public Resources Code or a community conservation corps certified by the California Conservation Corps pursuant to Section 14100.5 of the Public Resources Code.
(5) Instruction provided to juvenile court school pupils pursuant to subdivision (b) of Section 42238.18 or pursuant to Section 1981 for individuals who are placed in a residential facility.
(g) This section shall become operative on January 1, 2024.
SEC. 10.
Section 47612.1 of the Education Code is amended to read:47612.1.
(a) Except for the requirement that a pupil be a California resident, subdivision (b) of Section 47612 shall not apply to a charter school program that provides instruction exclusively in partnership with any of the following:(1) The federal Workforce Innovation and Opportunity Act (29 U.S.C. Sec. 3101 et seq.).
(2) Federally affiliated YouthBuild programs.
(3) Federal job corps training or instruction provided pursuant to a memorandum of understanding with the federal provider.
(4) The
California Conservation Corps pursuant to Section 14406 of the Public Resources Code or a community conservation corps certified by the California Conservation Corps pursuant to Section 14507.5 of the Public Resources Code.
(b) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 11.
Section 47612.1 is added to the Education Code, to read:47612.1.
(a) Except for the requirement that a pupil be a California resident, subdivision (b) of Section 47612 shall not apply to a charter school program that provides instruction exclusively in partnership with any of the following:(1) The federal Workforce Innovation and Opportunity Act (29 U.S.C. Sec. 3101 et seq.).
(2) Federally affiliated YouthBuild programs.
(3) Federal job corps training or instruction provided pursuant to a memorandum of understanding with the federal provider.
(4) The California Conservation Corps pursuant to Section 14406 of the Public Resources Code or a community conservation corps certified by the California Conservation Corps pursuant to Section 14100.5 of the Public Resources Code.
(b) This section shall become operative on January 1, 2024.
SEC. 12.
Section 52052 of the Education Code is amended to read:52052.
(a) (1) The single multiple measures public school accountability system authorized by Article 4.5 (commencing with Section 52059.5) shall measure the overall performance of numerically significant pupil subgroups in schools, including charter schools, school districts, and county offices of education.(2) For purposes of this section, numerically significant pupil subgroups include all of the following:
(A) Ethnic subgroups.
(B) Socioeconomically disadvantaged pupils.
(C) English
learners.
(D) Pupils with disabilities.
(E) Foster youth.
(F) Homeless youth.
(3) (A) For purposes of this section, a numerically significant pupil subgroup is one that consists of at least 30 pupils.
(B) Notwithstanding subparagraph (A), for a subgroup of pupils who are foster youth or homeless youth, a numerically significant pupil subgroup is one that consists of at least 15 pupils.
(b) To complement the multiple measures system, the Superintendent, with the approval of the state board, may develop and implement
a program of school quality review that features locally convened panels to visit schools, observe teachers, interview pupils, and examine pupil work.
(c) The Superintendent shall annually provide to local educational agencies and the public a transparent and understandable explanation of the individual components of the multiple measures system.
(d) For purposes of the statewide system of support established pursuant to Article 4.5 (commencing with Section 52059.5), or any successor system, alternative schools include schools under the jurisdiction of a county board of education or a county superintendent of schools, community day schools, nonpublic, nonsectarian schools pursuant to Section 56366, and alternative schools serving high-risk pupils, including continuation high schools,
dropout recovery high schools, and opportunity schools.
(e) For purposes of this section, the following terms shall have the following meanings:
(1) “Dropout recovery high school” means a school offering instruction in any of grades 9 to 12, inclusive, in which 50 percent or more of its pupils are either designated as dropouts pursuant to the exit and withdrawal codes developed by the department or left a school and were not otherwise enrolled in a school for a period of at least 180 days and the school provides instruction in partnership with any of the following:
(A) The federal Workforce Innovation and Opportunity Act (Public Law 113-128).
(B) Federally
affiliated YouthBuild programs (29 U.S.C. Sec. 3226 et seq.).
(C) Federal job corps training or instruction provided pursuant to a memorandum of understanding with the federal provider.
(D) The California Conservation Corps pursuant to Section 14406 of the Public Resources Code or a community conservation corps certified by the California Conservation Corps pursuant to Section 14507.5 of the Public Resources Code.
(2) “Homeless youth” has the same meaning as in Section 11434a(2) of Title 42 of the United States Code.
(f) For any program identified in law that utilized a calculation pursuant to the former Academic Performance Index established pursuant
to this section, as this section read on January 1, 2018, the 2013 growth calculation shall be applied for those purposes. For purposes of paragraphs (1) to (3), inclusive, of subdivision (b) of Section 47607, alternative measures that show increases in pupil academic achievement for all groups of pupils schoolwide and among numerically significant pupil subgroups shall be used.
(g) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 13.
Section 52052 is added to the Education Code, to read:52052.
(a) (1) The single multiple measures public school accountability system authorized by Article 4.5 (commencing with Section 52059.5) shall measure the overall performance of numerically significant pupil subgroups in schools, including charter schools, school districts, and county offices of education.(2) For purposes of this section, numerically significant pupil subgroups include all of the following:
(A) Ethnic subgroups.
(B) Socioeconomically disadvantaged pupils.
(C) English learners.
(D) Pupils with disabilities.
(E) Foster youth.
(F) Homeless youth.
(3) (A) For purposes of this section, a numerically significant pupil subgroup is one that consists of at least 30 pupils.
(B) Notwithstanding subparagraph (A), for a subgroup of pupils who are foster youth or homeless youth, a numerically significant pupil subgroup is one that consists of at least 15 pupils.
(b) To complement the multiple measures system, the Superintendent, with the approval of the state board, may develop
and implement a program of school quality review that features locally convened panels to visit schools, observe teachers, interview pupils, and examine pupil work.
(c) The Superintendent shall annually provide to local educational agencies and the public a transparent and understandable explanation of the individual components of the multiple measures system.
(d) For purposes of the statewide system of support established pursuant to Article 4.5 (commencing with Section 52059.5), or any successor system, alternative schools include schools under the jurisdiction of a county board of education or a county superintendent of schools, community day schools, nonpublic, nonsectarian schools pursuant to Section 56366, and alternative schools serving high-risk pupils, including
continuation high schools, dropout recovery high schools, and opportunity schools.
(e) For purposes of this section, the following terms shall have the following meanings:
(1) “Dropout recovery high school” means a school offering instruction in any of grades 9 to 12, inclusive, in which 50 percent or more of its pupils are either designated as dropouts pursuant to the exit and withdrawal codes developed by the department or left a school and were not otherwise enrolled in a school for a period of at least 180 days and the school provides instruction in partnership with any of the following:
(A) The federal Workforce Innovation and Opportunity Act (Public Law 113-128).
(B) Federally affiliated YouthBuild programs (29 U.S.C. Sec. 3226 et seq.).
(C) Federal job corps training or instruction provided pursuant to a memorandum of understanding with the federal provider.
(D) The California Conservation Corps pursuant to Section 14406 of the Public Resources Code or a community conservation corps certified by the California Conservation Corps pursuant to Section 14100.5 of the Public Resources Code.
(2) “Homeless youth” has the same meaning as in Section 11434a(2) of Title 42 of the United States Code.
(f) For any program identified in law that utilized a calculation pursuant to the former Academic Performance Index
established pursuant to this section, as this section read on January 1, 2018, the 2013 growth calculation shall be applied for those purposes. For purposes of paragraphs (1) to (3), inclusive, of subdivision (b) of Section 47607, alternative measures that show increases in pupil academic achievement for all groups of pupils schoolwide and among numerically significant pupil subgroups shall be used.
(g) This section shall become operative on January 1, 2024.
SEC. 14.
Section 8585.8 of the Government Code is amended to read:8585.8.
(a) The office may enter into an agreement directly with one or more certified community conservation corps to perform emergency or disaster response services as the office deems appropriate.(b) For purposes of this subdivision, “certified community conservation corps” means a community conservation corps that has been certified as described in Section 14507.5 of the Public Resources Code.
(c) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 15.
Section 8585.8 is added to the Government Code, to read:8585.8.
(a) The office may enter into an agreement directly with one or more certified community conservation corps to perform emergency or disaster response services as the office deems appropriate.(b) For purposes of this subdivision, “certified community conservation corps” means a community conservation corps that has been certified as described in Section 14100.5 of the Public Resources Code.
(c) This section shall become operative on January 1, 2024.
SEC. 16.
Section 186.2 of the Penal Code, as amended by Section 1 of Chapter 268 of the Statutes of 2019, is amended to read:186.2.
For purposes of this chapter, the following definitions apply:(a) “Criminal profiteering activity” means an act committed or attempted or a threat made for financial gain or advantage, which act or threat may be charged as a crime under any of the following sections:
(1) Arson, as defined in Section 451.
(2) Bribery, as defined in Sections 67, 67.5, and 68.
(3) Child pornography or exploitation, as defined in subdivision (b) of Section 311.2, or Section 311.3 or 311.4, which may be prosecuted as a felony.
(4) Felonious assault, as defined in Section 245.
(5) Embezzlement, as defined in Sections 424 and 503.
(6) Extortion, as defined in Section 518.
(7) Forgery, as defined in Section 470.
(8) Gambling, as defined in Sections 320, 321, 322, 323, 326, 330a, 330b, 330c, 330.1, 330.4, 337a to 337f, inclusive, and Section 337i, except the activities of a person who participates solely as an individual bettor.
(9) Kidnapping, as defined in Section 207.
(10) Mayhem, as defined in Section
203.
(11) Murder, as defined in Section 187.
(12) Pimping and pandering, as defined in Section 266.
(13) Receiving stolen property, as defined in Section 496.
(14) Robbery, as defined in Section 211.
(15) Solicitation of crimes, as defined in Section 653f.
(16) Grand theft, as defined in Section 487 or subdivision (a) of Section 487a.
(17) Trafficking in controlled substances, as defined in Sections 11351, 11352, and 11353 of the Health and Safety Code.
(18) Violation of the laws governing corporate securities, as defined in Section 25541 of the Corporations Code.
(19) Offenses contained in Chapter 7.5 (commencing with Section 311) of Title 9, relating to obscene matter, or in Chapter 7.6 (commencing with Section 313) of Title 9, relating to harmful matter that may be prosecuted as a felony.
(20) Presentation of a false or fraudulent claim, as defined in Section 550.
(21) False or fraudulent activities, schemes, or artifices, as described in Section 14107 of the Welfare and Institutions Code.
(22) Money laundering, as defined in Section 186.10.
(23) Offenses relating to the counterfeit of a registered mark, as specified in Section 350, or offenses relating to piracy, as specified in Section 653w.
(24) Offenses relating to the unauthorized access to computers, computer systems, and computer data, as specified in Section 502.
(25) Conspiracy to commit any of the crimes listed above, as defined in Section 182.
(26) Subdivision (a) of Section 186.22, or a felony subject to enhancement as specified in subdivision (b) of Section 186.22.
(27) Offenses related to fraud or theft against the state’s beverage container recycling program, including, but not
limited to, those offenses specified in this subdivision and those criminal offenses specified in the California Beverage Container Recycling and Litter Reduction Act (Division 12.1 (commencing with Section 14500) of the Public Resources Code).
(28) Human trafficking, as defined in Section 236.1.
(29) A crime in which the perpetrator induces, encourages, or persuades a person under 18 years of age to engage in a commercial sex act. For purposes of this paragraph, a commercial sex act means any sexual conduct on account of which anything of value is given or received by any person.
(30) A crime in which the perpetrator, through force, fear, coercion, deceit, violence, duress, menace, or threat of unlawful injury
to the victim or to another person, causes a person under 18 years of age to engage in a commercial sex act. For purposes of this paragraph, a commercial sex act means any sexual conduct on account of which anything of value is given or received by any person.
(31) Theft of personal identifying information, as defined in Section 530.5.
(32) Offenses involving the theft of a motor vehicle, as specified in Section 10851 of the Vehicle Code.
(33) Abduction or procurement by fraudulent inducement for prostitution, as defined in Section 266a.
(34) Offenses relating to insurance fraud, as specified in Sections 2106, 2108, 2109, 2110, 2110.3, 2110.5, 2110.7, and
2117 of the Unemployment Insurance Code.
(b) (1) “Pattern of criminal profiteering activity” means engaging in at least two incidents of criminal profiteering, as defined by this chapter, that meet the following requirements:
(A) Have the same or a similar purpose, result, principals, victims, or methods of commission, or are otherwise interrelated by distinguishing characteristics.
(B) Are not isolated events.
(C) Were committed as a criminal activity of organized crime.
(2) Acts that would constitute a “pattern of criminal profiteering activity” shall not be used by a prosecuting
agency to seek the remedies provided by this chapter unless the underlying offense occurred after the effective date of this chapter and the prior act occurred within 10 years, excluding any period of imprisonment, of the commission of the underlying offense. A prior act shall not be used by a prosecuting agency to seek remedies provided by this chapter if a prosecution for that act resulted in an acquittal.
(c) “Prosecuting agency” means the Attorney General or the district attorney of any county.
(d) “Organized crime” means crime that is of a conspiratorial nature and that is either of an organized nature and seeks to supply illegal goods or services such as narcotics, prostitution, pimping and pandering, loan-sharking, counterfeiting of a registered mark in violation of
Section 350, the piracy of a recording or audiovisual work in violation of Section 653w, gambling, and pornography, or that, through planning and coordination of individual efforts, seeks to conduct the illegal activities of arson for profit, hijacking, insurance fraud, smuggling, operating vehicle theft rings, fraud against the beverage container recycling program, embezzlement, securities fraud, insurance fraud in violation of the provisions listed in paragraph (34) of subdivision (a), grand theft, money laundering, forgery, or systematically encumbering the assets of a business for the purpose of defrauding creditors. “Organized crime” also means crime committed by a criminal street gang, as defined in subdivision (f) of Section 186.22. “Organized crime” also means false or fraudulent activities, schemes, or artifices, as described in Section 14107 of the Welfare and Institutions Code, and the theft of
personal identifying information, as defined in Section 530.5.
(e) “Underlying offense” means an offense enumerated in subdivision (a) for which the defendant is being prosecuted.
(f) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 17.
Section 186.2 is added to the Penal Code, to read:186.2.
For purposes of this chapter, the following definitions apply:(a) “Criminal profiteering activity” means an act committed or attempted or a threat made for financial gain or advantage, which act or threat may be charged as a crime under any of the following sections:
(1) Arson, as defined in Section 451.
(2) Bribery, as defined in Sections 67, 67.5, and 68.
(3) Child pornography or exploitation, as
defined in subdivision (b) of Section 311.2, or Section 311.3 or 311.4, which may be prosecuted as a felony.
(4) Felonious assault, as defined in Section 245.
(5) Embezzlement, as defined in Sections 424 and 503.
(6) Extortion, as defined in Section 518.
(7) Forgery, as defined in Section 470.
(8) Gambling, as defined in Sections 320, 321, 322, 323, 326, 330a, 330b, 330c, 330.1, 330.4, 337a to 337f, inclusive, and Section 337i, except the activities of a person who
participates solely as an individual bettor.
(9) Kidnapping, as defined in Section 207.
(10) Mayhem, as defined in Section 203.
(11) Murder, as defined in Section 187.
(12) Pimping and pandering, as defined in Section 266.
(13) Receiving stolen property, as defined in Section 496.
(14) Robbery, as defined in Section 211.
(15) Solicitation of crimes, as defined in Section 653f.
(16) Grand theft, as defined in Section 487 or subdivision (a) of Section 487a.
(17) Trafficking in controlled substances, as defined in Sections 11351, 11352, and 11353 of the Health and Safety Code.
(18) Violation of the laws governing corporate securities, as defined in Section 25541 of the Corporations Code.
(19) Offenses contained in Chapter 7.5 (commencing with Section 311) of Title 9, relating to obscene matter, or in Chapter 7.6 (commencing with Section 313) of Title 9, relating to harmful matter
that may be prosecuted as a felony.
(20) Presentation of a false or fraudulent claim, as defined in Section 550.
(21) False or fraudulent activities, schemes, or artifices, as described in Section 14107 of the Welfare and Institutions Code.
(22) Money laundering, as defined in Section 186.10.
(23) Offenses relating to the counterfeit of a registered mark, as specified in Section 350, or offenses relating to piracy, as specified in Section 653w.
(24) Offenses relating to the
unauthorized access to computers, computer systems, and computer data, as specified in Section 502.
(25) Conspiracy to commit any of the crimes listed above, as defined in Section 182.
(26) Subdivision (a) of Section 186.22, or a felony subject to enhancement as specified in subdivision (b) of Section 186.22.
(27) Offenses related to fraud or theft against the state’s beverage container recycling program, including, but not limited to, those offenses specified in this subdivision and those criminal offenses specified in the Beverage Container Recycling Program (Division 12.1 (commencing with Section 14500) of the Public Resources Code).
(28) Human trafficking, as defined in Section 236.1.
(29) A crime in which the perpetrator induces, encourages, or persuades a person under 18 years of age to engage in a commercial sex act. For purposes of this paragraph, a commercial sex act means any sexual conduct on account of which anything of value is given or received by any person.
(30) A crime in which the perpetrator, through force, fear, coercion, deceit, violence, duress, menace, or threat of unlawful injury to the victim or to another person, causes a person under 18 years of age to engage in a commercial sex act. For purposes of this paragraph, a commercial sex act means any sexual conduct on account of which
anything of value is given or received by any person.
(31) Theft of personal identifying information, as defined in Section 530.5.
(32) Offenses involving the theft of a motor vehicle, as specified in Section 10851 of the Vehicle Code.
(33) Abduction or procurement by fraudulent inducement for prostitution, as defined in Section 266a.
(34) Offenses relating to insurance fraud, as specified in Sections 2106, 2108, 2109, 2110, 2110.3, 2110.5, 2110.7, and 2117 of the Unemployment Insurance Code.
(b) (1) “Pattern of criminal profiteering activity” means engaging in at least two incidents of criminal profiteering, as defined by this chapter, that meet the following requirements:
(A) Have the same or a similar purpose, result, principals, victims, or methods of commission, or are otherwise interrelated by distinguishing characteristics.
(B) Are not isolated events.
(C) Were committed as a criminal activity of organized crime.
(2) Acts that would constitute a “pattern of criminal
profiteering activity” shall not be used by a prosecuting agency to seek the remedies provided by this chapter unless the underlying offense occurred after the effective date of this chapter and the prior act occurred within 10 years, excluding any period of imprisonment, of the commission of the underlying offense. A prior act shall not be used by a prosecuting agency to seek remedies provided by this chapter if a prosecution for that act resulted in an acquittal.
(c) “Prosecuting agency” means the Attorney General or the district attorney of any county.
(d) “Organized crime” means crime that is of a conspiratorial nature and that is either of an organized nature and seeks to supply illegal goods or services such as narcotics, prostitution, pimping and
pandering, loan-sharking, counterfeiting of a registered mark in violation of Section 350, the piracy of a recording or audiovisual work in violation of Section 653w, gambling, and pornography, or that, through planning and coordination of individual efforts, seeks to conduct the illegal activities of arson for profit, hijacking, insurance fraud, smuggling, operating vehicle theft rings, fraud against the beverage container recycling program, embezzlement, securities fraud, insurance fraud in violation of the provisions listed in paragraph (34) of subdivision (a), grand theft, money laundering, forgery, or systematically encumbering the assets of a business for the purpose of defrauding creditors. “Organized crime” also means crime committed by a criminal street gang, as defined in subdivision (f) of Section 186.22. “Organized crime” also means false or fraudulent activities, schemes, or artifices, as described
in Section 14107 of the Welfare and Institutions Code, and the theft of personal identifying information, as defined in Section 530.5.
(e) “Underlying offense” means an offense enumerated in subdivision (a) for which the defendant is being prosecuted.
(f) This section shall become operative on January 1, 2024.
SEC. 18.
Section 186.8 of the Penal Code is amended to read:186.8.
Notwithstanding that no response or claim has been filed pursuant to Section 186.5, in all cases where property is forfeited pursuant to this chapter and, if necessary, sold by the Department of General Services or local governmental entity, the money forfeited or the proceeds of sale shall be distributed by the state or local governmental entity as follows:(a) To the bona fide or innocent purchaser, conditional sales vendor, or holder of a valid lien, mortgage, or security interest, if any, up to the amount of their interest in the property or proceeds, when the court declaring the forfeiture orders a distribution to that person. The court shall endeavor to discover all those lienholders and protect
their interests and may, at its discretion, order the proceeds placed in escrow for up to an additional 60 days to ensure that all valid claims are received and processed.
(b) To the Department of General Services or local governmental entity for all expenditures made or incurred by it in connection with the sale of the property, including expenditures for any necessary repairs, storage, or transportation of any property seized under this chapter.
(c) To the General Fund of the state or a general fund of a local governmental entity, whichever prosecutes.
(d) In any case involving a violation of subdivision (b) of Section 311.2, or Section 311.3 or 311.4, in lieu of the distribution of the proceeds provided for by
subdivisions (b) and (c), the proceeds shall be deposited in the county children’s trust fund, established pursuant to Section 18966 of the Welfare and Institutions Code, of the county that filed the petition of forfeiture. If the county does not have a children’s trust fund, the funds shall be deposited in the State Children’s Trust Fund, established pursuant to Section 18969 of the Welfare and Institutions Code.
(e) In any case involving crimes against the state beverage container recycling program, in lieu of the distribution of proceeds provided in subdivision (c), the proceeds shall be deposited in the Penalty Account established pursuant to subdivision (d) of Section 14580 of the Public Resources Code, except that a portion of the proceeds equivalent to the cost of prosecution in the case shall be distributed to the local prosecuting entity
that filed the petition of forfeiture.
(f) (1) In any case described in paragraph (29) or (30) of subdivision (a) of Section 186.2, or paragraph (33) of subdivision (a) of Section 186.2 where the victim is a minor, in lieu of the distribution provided for in subdivision (c), the proceeds shall be deposited in the Victim-Witness Assistance Fund to be available for appropriation to fund child sexual exploitation and child sexual abuse victim counseling centers and prevention programs under Section 13837. Fifty percent of the funds deposited in the Victim-Witness Assistance Fund pursuant to this subdivision shall be granted to community-based organizations that serve minor victims of human trafficking.
(2) Notwithstanding paragraph (1), any proceeds specified in paragraph
(1) that would otherwise be distributed to the General Fund of the state under subdivision (c) pursuant to a paragraph in subdivision (a) of Section 186.2 other than paragraph (29) or (30) of subdivision (a) of Section 186.2, or paragraph (33) of subdivision (a) of Section 186.2 where the victim is a minor, shall, except as otherwise required by law, continue to be distributed to the General Fund of the state as specified in subdivision (c).
(g) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 19.
Section 186.8 is added to the Penal Code, to read:186.8.
Notwithstanding that no response or claim has been filed pursuant to Section 186.5, in all cases where property is forfeited pursuant to this chapter and, if necessary, sold by the Department of General Services or local governmental entity, the money forfeited or the proceeds of sale shall be distributed by the state or local governmental entity as follows:(a) To the bona fide or innocent purchaser, conditional sales vendor, or holder of a valid lien, mortgage, or security interest, if any, up to the amount of their interest in the property or proceeds, when the court declaring the forfeiture orders a distribution to that person. The court shall endeavor to discover all those lienholders
and protect their interests and may, at its discretion, order the proceeds placed in escrow for up to an additional 60 days to ensure that all valid claims are received and processed.
(b) To the Department of General Services or local governmental entity for all expenditures made or incurred by it in connection with the sale of the property, including expenditures for any necessary repairs, storage, or transportation of any property seized under this chapter.
(c) To the General Fund of the state or a general fund of a local governmental entity, whichever prosecutes.
(d) In any case involving a violation of subdivision (b) of Section 311.2, or Section 311.3 or 311.4, in lieu of the distribution of the proceeds provided for
by subdivisions (b) and (c), the proceeds shall be deposited in the county children’s trust fund, established pursuant to Section 18966 of the Welfare and Institutions Code, of the county that filed the petition of forfeiture. If the county does not have a children’s trust fund, the funds shall be deposited in the State Children’s Trust Fund, established pursuant to Section 18969 of the Welfare and Institutions Code.
(e) In any case involving crimes against the state beverage container recycling program, in lieu of the distribution of proceeds provided in subdivision (c), the proceeds shall be deposited in the Penalty Account established pursuant to subdivision (c) of Section 14580 of the Public Resources Code, except that a portion of the proceeds equivalent to the cost of prosecution in the case shall be distributed to the local
prosecuting entity that filed the petition of forfeiture.
(f) (1) In any case described in paragraph (29) or (30) of subdivision (a) of Section 186.2, or paragraph (33) of subdivision (a) of Section 186.2 where the victim is a minor, in lieu of the distribution provided for in subdivision (c), the proceeds shall be deposited in the Victim-Witness Assistance Fund to be available for appropriation to fund child sexual exploitation and child sexual abuse victim counseling centers and prevention programs under Section 13837. Fifty percent of the funds deposited in the Victim-Witness Assistance Fund pursuant to this subdivision shall be granted to community-based organizations that serve minor victims of human trafficking.
(2) Notwithstanding paragraph (1), any
proceeds specified in paragraph (1) that would otherwise be distributed to the General Fund of the state under subdivision (c) pursuant to a paragraph in subdivision (a) of Section 186.2 other than paragraph (29) or (30) of subdivision (a) of Section 186.2, or paragraph (33) of subdivision (a) of Section 186.2 where the victim is a minor, shall, except as otherwise required by law, continue to be distributed to the General Fund of the state as specified in subdivision (c).
(g) This section shall become operative on January 1, 2024.
SEC. 20.
Section 12165 of the Public Contract Code is amended to read:12165.
(a) After implementing a recycling plan pursuant to subdivision (c) of Section 12164.5, the Department of Resources Recycling and Recovery shall establish, implement, and maintain a recycling plan for the Legislature, which may include all legislative offices and individual members’ district offices; all state offices whether in state-owned buildings or leased facilities in Sacramento, Los Angeles, and San Francisco Counties; and in any other areas that the Department of Resources Recycling and Recovery determines to be feasible. The plan shall include the provisions for the recycling of office paper, corrugated cardboard, newsprint, beverage containers, as defined in Section 14505 of the Public Resources Code, waste oil, and any other material at the discretion of the Department of Resources Recycling and Recovery.(b) The collection program for each product and each location shall be reevaluated by the Department of Resources Recycling and Recovery on or before January 1, 1994. Subsequently, the Department of Resources Recycling and Recovery, upon the determination that inclusion of any particular material type would result in a net revenue loss to the state, shall have the discretion to exclude that material from the program, and shall report its conclusions and recommendations to the Legislature. In determining the net revenue loss for the collection of a specified waste material, the Department of Resources Recycling and Recovery shall include the avoided cost to dispose of the waste material.
The plan shall provide either for the collection and sale of materials to private brokers, recycling plants, or nonprofit organizations, or the operation of these entities by the state, or a combination thereof. The plan shall be implemented at the earliest possible date.
(c) The Department of Resources Recycling and Recovery shall provide participating locations with public awareness information and training to state and legislative employees, including, but not limited to, the proper separation and disposal of recyclable resources. Additionally, the Department of Resources Recycling and Recovery shall provide training for personnel, including, but not limited to, state buildings and grounds personnel, responsible for the collection of waste materials. This training shall include, but is not limited to, educating and training the personnel concerning
the separation and collection of recyclable materials.
SEC. 21.
Section 615 of the Public Resources Code, as amended by Section 5 of Chapter 469 of the Statutes of 2019, is amended to read:615.
(a) Grants administered by the department, including, but not limited to, those awarded pursuant to Division 9 (commencing with Section 9001), Division 10.2 (commencing with Section 10200), and Division 12.1 (commencing with Section 14500), are not subject to the State Contract Act (Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code) or Article 6 (commencing with Section 999) of Chapter 6 of Division 4 of the Military and Veterans Code.(b) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 22.
Section 615 is added to the Public Resources Code, to read:615.
(a) Grants administered by the department, including, but not limited to, those awarded pursuant to Division 9 (commencing with Section 9001) and Division 10.2 (commencing with Section 10200), are not subject to the State Contract Act (Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code) or Article 6 (commencing with Section 999) of Chapter 6 of Division 4 of the Military and Veterans Code.(b) This section shall become operative on January 1, 2024.
SEC. 23.
Section 5845.8 of the Public Resources Code is amended to read:5845.8.
(a) To the extent feasible, in administering the program, the board shall give preference to projects that utilize the services of the California Conservation Corps or a community conservation corps, as defined in Section 14507.5.(b) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 24.
Section 5845.8 is added to the Public Resources Code, to read:5845.8.
(a) To the extent feasible, in administering the program, the board shall give preference to projects that utilize the services of the California Conservation Corps or a community conservation corps, as defined in Section 14100.5.(b) This section shall become operative on January 1, 2024.
SEC. 25.
Section 14100.5 is added to the Public Resources Code, to read:14100.5.
(a) “Community conservation corps” means a nonprofit public benefit corporation formed or operating pursuant to Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code, or an agency operated by a city, county, or city and county, that is certified by the California Conservation Corps as meeting all of the following criteria:(1) The community conservation corps is organized in the form of supervised work crews and selects young people for participation on the basis of motivation for hard work, personal development, and public service, without regard to their prior employment
or educational background, and consistent with Section 14402. Participation shall be for a period of one year, and may be extended.
(2) The community conservation corps’ program is based upon a highly disciplined work experience, includes an educational component, and is designed to develop corpsmembers’ character and civic consciousness through rigorous work on public projects. The educational component of the community conservation corps’ program includes enrollment in a vocational education program, public or charter high school, or postsecondary community college.
(3) The community conservation corps compensates corpsmembers at not less than the federal minimum
wage, and provides corpsmembers assistance in obtaining permanent employment following their participation in the community conservation corps program.
(4) The community conservation corps engages in recycling and litter abatement projects as well as projects that accomplish the conservationist and other purposes described in subdivisions (a) to (h), inclusive, of Section 14300, and that assist agencies of local government and other nonprofit community organizations in developing, rehabilitating, and restoring parklands, recreational facilities, and other community resources.
(5) The community conservation corps consists of an average annual enrollment of
not less than 50 corpsmembers between 18 and 25 years of age.
(b) The California Conservation Corps shall evaluate a community conservation corps for the purpose of determining its eligibility for certification, pursuant to this section, after it has completed 12 months of continuous operation, and annually thereafter.
(c) This section shall become operative on January 1, 2024.
SEC. 26.
Section 14315 of the Public Resources Code is amended to read:14315.
(a) Subject to the availability of assistance from the corps, a state agency that is considering the use of contracted labor shall give priority to the corps when the mission of the corps and the nature of the state agency’s project are substantially consistent.(b) State agencies shall notify the corps of potential contracts for services that fit within the parameters of the legislative intent set forth in Section 14000 and shall use the corps to the maximum extent feasible to carry out projects that promote the legislative intent as set forth in Section 14000. Because of the corps’ commitment to the state’s youth, in the exercise of a state agency’s discretion
when considering contracts for services, strong consideration shall be given to the use of corpsmembers over the use of other contracted labor.
(c) The corps may contract with any state agency for the performance of activities consistent with this division.
(d) Upon appropriation by the Legislature and execution of a contract pursuant to subdivision (b), the Controller may transfer money to the Collins-Dugan California Conservation Corps Reimbursement Account from other funds under the control of the contracting state agency, including, but not limited to, the following funds and accounts:
(1) Hazardous Waste Control Account in the General Fund.
(2) State
Highway Account in the State Transportation Fund.
(3) Public Transportation Account in the State Transportation Fund.
(4) California Environmental License Plate Fund.
(5) Fish and Game Preservation Fund.
(6) Public Resources Account in the Cigarette and Tobacco Products Surtax Fund.
(7) Unallocated Account in the Cigarette and Tobacco Products Surtax Fund.
(8) Habitat Conservation Fund.
(9) Motor Vehicle Fuel Account in the Transportation Tax Fund pursuant to Section 8352.6
of the Revenue and Taxation
Code.
(10) Oil Spill Prevention and Administration Fund.
(11) Integrated Waste Management Account in the Integrated Waste Management Fund.
(12) State Parks and Recreation Fund.
(13) Employment Training Fund.
(14) Harbors and Watercraft Revolving Fund.
(15) California Beverage Container Recycling Fund.
(e) Expenditures from the Collins-Dugan California Conservation Corps Reimbursement Account of amounts transferred pursuant to subdivision (d) shall be limited to
purposes that are consistent with the requirements of each fund or account contributing each amount to the Collins-Dugan California Conservation Corps Reimbursement Account.
(f) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 27.
Section 14315 is added to the Public Resources Code, to read:14315.
(a) Subject to the availability of assistance from the corps, a state agency that is considering the use of contracted labor shall give priority to the corps when the mission of the corps and the nature of the state agency’s project are substantially consistent.(b) State agencies shall notify the corps of potential contracts for services that fit within the parameters of the legislative intent set forth in Section 14000 and shall use the corps to the maximum extent feasible to carry out projects that promote the legislative intent as set forth in Section 14000. Because of the corps’ commitment to the state’s youth, in the exercise of a state agency’s discretion
when considering contracts for services, strong consideration shall be given to the use of corpsmembers over the use of other contracted labor.
(c) The corps may contract with any state agency for the performance of activities consistent with this division.
(d) Upon appropriation by the Legislature and execution of a contract pursuant to subdivision (b), the Controller may transfer money to the Collins-Dugan California Conservation Corps Reimbursement Account from other funds under the control of the contracting state agency, including, but not limited to, the following funds and accounts:
(1) Hazardous Waste Control Account in the General Fund.
(2) State
Highway Account in the State Transportation Fund.
(3) Public Transportation Account in the State Transportation
Fund.
(4) California Environmental License Plate Fund.
(5) Fish and Game Preservation Fund.
(6) Public Resources Account in the Cigarette and Tobacco Products Surtax Fund.
(7) Unallocated Account in the Cigarette and Tobacco Products Surtax Fund.
(8) Habitat Conservation Fund.
(9) Motor Vehicle Fuel Account in the Transportation Tax Fund pursuant to Section 8352.6 of the Revenue and Taxation Code.
(10) Oil Spill Prevention and Administration Fund.
(11) Integrated Waste Management Account in the Integrated Waste Management Fund.
(12) State Parks and Recreation Fund.
(13) Employment Training Fund.
(14) Harbors and Watercraft Revolving Fund.
(e) Expenditures from the Collins-Dugan California Conservation Corps Reimbursement Account of amounts transferred pursuant to subdivision (d) shall be limited to purposes that are consistent with the requirements of each fund or account contributing each amount to the Collins-Dugan California Conservation Corps Reimbursement Account.
(f) This
section shall become operative on January 1, 2024.
SEC. 28.
Section 14411 of the Public Resources Code is amended to read:14411.
(a) The forestry corps program shall accomplish all of the following objectives:(1) Develop and implement forest health projects, pursuant to Section 14412.
(2) Establish forestry corps crews, pursuant to Section 14413.
(3) Provide assistance to corps members in obtaining forestry and forest technician degrees and certificates.
(4) Train corps members to operate equipment in forestry and related fields.
(5) Create pathways from the corps to
degree programs and jobs.
(b) The director may partner with community colleges, trade associations, forest and timber industries, vocational educational institutions, and apprenticeship programs to provide training and experience to corps members.
(c) The director shall partner with the certified community conservation corps, pursuant to Section 14507.5, where feasible, in implementing the forestry corps program.
(d) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 29.
Section 14411 is added to the Public Resources Code, to read:14411.
(a) The forestry corps program shall accomplish all of the following objectives:(1) Develop and implement forest health projects, pursuant to Section 14412.
(2) Establish forestry corps crews, pursuant to Section 14413.
(3) Provide assistance to corps members in obtaining forestry and forest technician degrees and certificates.
(4) Train corps members to operate equipment in forestry and related fields.
(5) Create pathways
from the corps to degree programs and jobs.
(b) The director may partner with community colleges, trade associations, forest and timber industries, vocational educational institutions, and apprenticeship programs to provide training and experience to corps members.
(c) The director shall partner with the certified community conservation corps, pursuant to Section 14100.5, where feasible, in implementing the forestry corps program.
(d) This section shall become operative on January 1, 2024.
SEC. 30.
Section 14526.5 of the Public Resources Code is amended to read:14526.5.
“Supermarket” means a full-line, self-service retail store with gross annual sales of four million dollars ($4,000,000), or more, and that sells a line of dry grocery, canned goods, or nonfood items and some perishable items. For purposes of determining which dealers are supermarkets, the department shall use the annual updates of the Progressive Grocer Marketing Guidebook and any computer printouts developed in conjunction with the guidebook.SEC. 31.
Section 14571.5 of the Public Resources Code is amended to read:14571.5.
The department may, in a rural region, as identified pursuant to subparagraph (A) of paragraph (2) of subdivision (b) of Section 14571, upon petition by an interested person, do either of the following:(a) (1) Increase a convenience zone to include the area within a three-mile radius of a supermarket, if the expanded convenience zone would then be served by a single existing certified recycling center or location.
(2) This subdivision applies only to a convenience zone that is otherwise not being served by a certified recycling center or location meeting the requirements of Section
14571 or is exempted by the department pursuant to Section 14571.8.
(b) (1) Designate a convenience zone pursuant to Section 14571.1 in an area where there is no supermarket, but with two or more dealers located within a one-mile radius of each other, and that meets all of the following criteria:
(A) The dealers in that area have combined gross annual sales of four million dollars ($4,000,000) or more, as certified by the petitioner in an affidavit filed with the petition.
(B) The convenience zone encompasses a three-mile radius, with the center of the zone established at the dealer, located closest to the existing recycling center specified in subparagraph (D).
(C) The convenience zone does not overlap any other existing convenience zone.
(D) The convenience zone is served by a single existing certified recycling center.
(2) The department shall identify the dealer locations only for the purpose of providing a reference point in the establishment of the convenience zone pursuant to this subdivision.
(3) If the existing recycling location in a convenience zone designated pursuant to this subdivision ceases operations, the convenience zone shall also cease to exist until a new recycling location is established, and the department is petitioned by an interested person to designate a convenience zone.
SEC. 32.
Section 14571.8 of the Public Resources Code is amended to read:14571.8.
(a) A lease entered into by a dealer after January 1, 1987, shall not contain a leasehold restriction that prohibits or results in the prohibition of the establishment of a recycling location.(b) The director may grant an exemption from the requirements of Section 14571 for an individual convenience zone only after the department solicits public testimony on whether or not to provide an exemption from Section 14571. The solicitation process shall be designed by the department to ensure that operators of recycling centers, dealers, and members of the public in the jurisdiction affected by the proposed exemption are aware of the proposed
exemption. After evaluation of the testimony and any field review conducted, the department shall base a decision to exempt a convenience zone on one, or any combination, of the following factors:
(1) The exemption 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.
(2) Except as provided in paragraph (5), the nearest certified recycling center is within a reasonable distance of the convenience zone being considered from exemption.
(3) The convenience zone is in the area of a curbside program that meets the criteria specified in Section 14509.5.
(4) The requirements of Section 14571 cannot be met in a particular convenience zone due to local zoning or the dealer’s leasehold restrictions for leases in effect on January 1, 1987, and the local zoning or leasehold restrictions are not within the authority of the department and the dealer. However, any lease executed after January 1, 1987, shall meet the requirements specified in subdivision (a).
(5) The convenience zone has redeemed less than 60,000 containers per month for the prior 12 months and, notwithstanding paragraph (2), a certified recycling center is located within one mile of the convenience zone that is the subject of the exemption.
(c) The department shall review each convenience zone in which a certified recycling center was not located on January 1,
1996, to determine the eligibility of the convenience zone under the exemption criteria specified in subdivision (b).
(d) The total number of exemptions granted by the director under this section shall not exceed 50 percent of the total number of convenience zones identified pursuant to this section.
(e) The department may, on its own motion, or upon petition by any interested person, revoke a convenience zone exemption if either of the following occurs:
(1) The condition or conditions that caused the convenience zone to be exempt no longer exists, and the department determines that the criteria for an exemption specified in this section are not presently applicable to the convenience zone.
(2) The department determines that the convenience zone exemption was granted due to an administrative error.
(f) If an exemption is revoked and a recycling center is not certified and operational in the convenience zone, the department shall, within 10 days of the date of the decision to revoke, serve all dealers in the convenience zone with the notice specified in subdivision (a) of Section 14571.7.
(g) An exemption shall not be revoked when a recycling center becomes certified and operational within an exempt convenience zone unless either of the events specified in paragraphs (1) and (2) of subdivision (e) occurs.
SEC. 33.
Division 12.1 (commencing with Section 14500) is added to the Public Resources Code, to read:DIVISION 12.1. Beverage Container Recycling
CHAPTER 1. General Provisions
14500.
This division shall be known, and may be cited, as the Beverage Container Recycling Program.14501.2.
This division does not apply to any beverage container that is sold and delivered to a railroad, sleeping car, or steamship company, or common carrier operating vessels, as defined in Section 238 of the Public Utilities Code, operating under a certificate of public convenience and necessity, or an air common carrier, for use and consumption on trains, vessels, or airplanes.14501.4.
This division is a matter of statewide interest and concern and is applicable uniformly throughout the state. Accordingly, this division and Chapter 20.5 (commencing with Section 42984) of Part 3 of Division 30 occupy the whole field of regulation of recycling-related refund values, deposits, and similar fees relating to beverage containers, as provided in this division and Chapter 20.5 (commencing with Section 42984) of Part 3 of Division 30. A city, county, or other public agency shall not enforce or implement any existing or new ordinance, resolution, regulation, or rule establishing recycling-related refund values, deposits, or similar fees relating to these containers in the state unless expressly authorized by this division or Chapter 20.5 (commencing with Section 42984) of Part 3 of Division 30. This section does not prohibit the implementation or enforcement of any ordinance or regulation governing curbside or dropoff recycling programs operated by, or pursuant to a contract with, a city, county, or other public agency, including actions relating to fees, or establishing fees, for these programs.14501.6.
Any action to increase recycling taken by the department, the beverage container stewardship organization, or by any person or entity, affecting the scrap values, quantities of materials being recycled, or the method of invoicing the sale of beverages pursuant to this division is not a violation of the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code) and the Unfair Practices Act (Chapter 4 (commencing with Section 17000) of Part 2 of Division 7 of the Business and Professions Code). This section does not apply to any action taken by a recycling center to increase the recycling of beverage containers.14501.8.
(a) To the extent permitted by federal law, this division, including, but not limited to, Section 14560.5, shall apply to a national park or monument, military installation, or any other property owned by, and under the jurisdiction of, the United States, with regard to a beverage container not otherwise subject to a program involving the collection and payment of deposits for beverage containers.(b) For purposes of this section, “a program involving the collection and payment of deposits” means a program, other than one imposed pursuant to this division, at a national park or monument, military
installation, or any other property owned by, and under the jurisdiction of, the United States, that imposes a deposit on a beverage container at the time of sale and provides an opportunity for the beverage container purchaser to redeem the deposit at the national park or monument, military installation, or other property owned by, and under the jurisdiction of, the United States.
CHAPTER 2. Definitions
14502.
Unless the context otherwise requires, the definitions in this chapter govern the construction of this division.14503.
“Aluminum beverage container” means a beverage container that consists primarily of aluminum.14504.
(a) Except as provided in subdivision (b), “beverage” means any of the following products if those products are in liquid, ready-to-drink form, and are intended for human consumption:(1) Beer and other malt beverages.
(2) Wine and distilled spirit coolers.
(3) Wine, or wine from which alcohol has been removed, in whole or in part, whether or not sparkling or carbonated.
(4) Distilled spirits.
(5) Carbonated water, including soda and carbonated mineral water.
(6) Noncarbonated water, including noncarbonated mineral water.
(7) Carbonated soft drinks.
(8) Noncarbonated soft drinks and “sport” drinks.
(9) Except as provided in paragraph (3) of subdivision (b), noncarbonated
fruit drinks that contain any percentage of fruit juice.
(10) Coffee and tea drinks.
(11) Carbonated fruit drinks.
(12) Vegetable juice in beverage containers of 16 ounces or less.
(b) “Beverage” does not include any of the following:
(1) Any product sold in a container that is not an aluminum beverage container,
a glass container, a plastic beverage container, a bimetal container, or a container made of a combination of those materials.
(2) Milk, medical food, or infant formula.
(3) One hundred percent fruit juice in containers that are 46 ounces or more in volume.
(c) For purposes of this section, the following definitions shall apply:
(1) “Infant formula” means any liquid food described or sold as an alternative for human milk for the
feeding of infants.
(2) (A) “Medical food” means a food or beverage that is formulated to be consumed, or administered enterally under the supervision of a physician, and that is intended for specific dietary management of diseases or health conditions for which distinctive nutritional requirements, based on recognized scientific principles, are established by medical evaluation.
(B) A “medical food” is a specially formulated and processed product, for the partial or exclusive feeding of a patient by means of oral intake or enteral feeding by tube, and is not a naturally occurring foodstuff used in its natural state.
(C) “Medical food” includes any product that meets the definition of “medical food” in the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 360ee(b)(3)).
(3) “Noncarbonated soft drink” means a nonalcoholic, noncarbonated naturally or artificially flavored water containing sugar or sweetener or trace amounts of various elements from both natural and synthetic sources.
14505.
“Beverage container” means the individual, separate bottle, can, jar, carton, or other receptacle, however denominated, in which a beverage is sold, and that is constructed of metal, glass, or plastic, or other material, or any combination of these materials. “Beverage container” does not include cups or other similar open or loosely sealed receptacles.14505.1.
“Beverage container stewardship organization” or “organization” has the same meaning as defined in Section 42984.06.14505.2.
“Beverage container stewardship plan” has the same meaning as defined in Section 42984.06.14506.
“Beverage manufacturer” means any person who bottles, cans, or otherwise fills beverage containers, or imports filled beverage containers, for sale to distributors, dealers, or consumers.14506.3.
“Bimetal container” means a beverage container that consists of one or more metals and that is composed primarily of steel.14508.
“Consumer” means every person who, for their use or consumption, purchases a beverage in a beverage container from a dealer. “Consumer” includes, but is not limited to, a lodging, eating, or drinking establishment, and soft drink vending machines.14509.
“Container manufacturer” means any person who produces beverage containers for filling by beverage manufacturers, including any person who imports these beverage containers from outside of this state for filling by beverage manufacturers.14509.3.
“Cullet” means scrap glass that is derived from postfilled food, drink, or beverage container glass produced or imported for sale in the state.14509.4.
“Convenience zone” means an area designated by the beverage container stewardship organization pursuant to subdivision (m) of Section 42984.13.14509.5.
“Curbside program,” “curbside collection program,” or “curbside recycling program” means a recycling program that meets all of the following criteria:(a) The program picks up empty beverage containers from individual or multiple family residences, or both, and the empty beverage containers are separated from waste materials prior to being picked up.
(b) The program is operated by, or pursuant to a contract with, a city, county, or other public agency, or is acknowledged, in writing, by a city, county,
or other public agency.
(c) The program accepts empty beverage containers from consumers with the intent to recycle them, but does not pay the refund value.
14510.
“Dealer” means a retail establishment that offers the sale of beverages in beverage containers to consumers. However, any lodging, eating, or drinking establishment, or soft drink vending machine operator that engages in the sale of beverages in beverage containers to consumers shall not be deemed a dealer for the purposes of this division, except that these sales are subject to Section 14560.14510.5.
“Department” means the Division of Recycling in the Department of Resources Recycling and Recovery.14510.6.
“Director” means the Director of Resources Recycling and Recovery.14510.7.
“Distilled spirit” means an alcoholic beverage that is obtained by distillation from wine or other fermented fruit or plant juice or from a starchy material that has first been brewed.14511.
“Distributor” means every person who engages in the sale of beverages in beverage containers to a dealer in this state, including any manufacturer who engages in these sales. “Distributor” includes any person who imports beverages from outside of this state for sale to dealers or consumers in this state.14511.5.
“Drink” means fruit juice or any other noncarbonated drink.14511.7.
“Dropoff or collection program” means any person, association, nonprofit corporation, church, club, or other organization that is certified by the department and that accepts or collects empty beverage containers from consumers with the intention to recycle them, or any waste reduction facility that separates beverage containers from the waste stream with the intent to recycle them. “Dropoff or collection program” does not include a certified recycling center or curbside program.14512.
“Empty beverage container” means a beverage container that meets all of the following requirements:(a) Has the seal or closure installed by the manufacturer broken or removed.
(b) Does not contain foreign materials other than the residue of the beverage originally packaged in the beverage container by the manufacturer.
(c) Bears the message required by Section 14561, or is a refillable
beverage container.
(d) Has a refund value established pursuant to Section 14560.
14512.5.
“Food or drink packaging material” means any material that is not a beverage container in which a food or drink is sold in a retail establishment and the food or drink is not intended for consumption on the seller’s premises.14512.6.
“For recycling” means, with regard to an empty beverage container, that the container has been received by a processor who has an arrangement whereby that container will actually be recycled.14512.7.
“Fund” means the Beverage Container Recycling Program Fund established pursuant to subdivision (a) of Section 14580.14513.
“Glass beverage container” means a beverage container that has a body consisting primarily of glass.14513.2.
(a) “Glass container manufacturer” means a person who manufactures commercial containers, whose principal component part or parts consist of virgin glass, postfilled glass, or any combination of both, for sale in California or for export to other states or countries.(b) “Glass container manufacturer” includes, but is not limited to, all commercial manufacturing operations that produce beverage containers, food or drink packaging material made primarily of glass, or any combination of both of those items. For beer or other malt beverages manufactured outside the state, the container manufacturer shall
be deemed to be the person or entity named on the certificate of compliance issued pursuant to Section 23671 of the Business and Professions Code.
14513.3.
“Glass food or drink container” means any nonbeverage container, whose principal component part or parts consist of virgin glass, postfilled glass, or any combination of both, in which any food or drink is sold or offered for sale in California.14513.4.
“Incentive payment” means the amount paid by the beverage container stewardship organization to a certified recycling center for every beverage container redeemed by that certified recycling center.14514.
“Managing employee” includes, but is not limited to, any person who manages the operation of a facility or is authorized by the certified operator to sign shipping reports.14514.6.
“Not for recycling” means, in regard to an empty beverage container, that the container has been received by a processor who does not have an arrangement whereby that container will actually be recycled.14514.7.
“Nonprofit convenience zone recycler” means a recycling center that meets either of the following conditions:(a) The recycling center meets all of the following criteria:
(1) It is operated by an organization established under Section 501(c) or 501(d) of Title 26 of the United States Code.
(2) It is certified by the department pursuant to Section 14538.
(3) It is located within a convenience zone, but is not necessarily a supermarket site.
(b) The recycling center meets all of the following criteria:
(1) It is operated by an organization established under Section 501(c) or 501(d) of Title 26 of the United States Code and has operated in the same location for a period of not less than five years.
(2) It is certified by the department pursuant to Section 14538.
(3) It is located within one mile of a supermarket that is in a convenience zone.
14515.
“Other beverage container” means a beverage container that has a body consisting of metal, glass, plastic, other materials, or a combination of these, but that is not an aluminum, bimetal, glass, or plastic beverage container.14515.1.
“Out-of-state container” means a used beverage container or used beverage container component that is not subject to Section 14560, and that is brought into this state.14515.2.
“Person” means any individual, corporation, operation, or entity, whether or not certified or registered pursuant to this division.14517.
“Plastic beverage container” means a beverage container that has a body consisting primarily of plastic.14517.5.
“Postfilled container” means any container that had been previously filled with a beverage or food.14518.
“Processor” means any person, including a scrap dealer, certified by the department who purchases empty aluminum beverage containers, bimetal beverage containers, glass beverage containers, plastic beverage containers, or any other beverage containers, including any one or more of those types of beverage containers, that have a refund value established pursuant to this division, from recycling centers in this state for recycling, or, if the container is not recyclable, not for recycling, and who cancels, or who certifies to the department in a form prescribed by the department the cancellation of, the refund value of these empty beverage containers by processing empty beverage containers, in any manner that the department may prescribe. However, the department shall not take any action regulating scrap dealers or recycling centers who are processors or recycling centers unless authorized by and pursuant to the goals of this division.14519.
“Recycle,” “recycled,” “recycling,” or “recyclable” refers to the reuse or refilling of empty beverage containers, or the process of sorting, cleansing, treating, and reconstituting empty postfilled beverage containers for the purpose of using the altered form. “Recycle,” “recycled,” “recycling,” or “recyclable” does not refer to processes for merely sorting, shredding, stripping, compressing, storing, landfilling with, or disposing of an empty beverage container.14519.5.
“Recycler” means a recycling center, dropoff or collection program, or curbside program.14520.
“Recycling center” means an operation that is certified by the department and that accepts from consumers, and pays or provides the refund value pursuant to Section 14570.2 for, empty beverage containers intended to be recycled.14520.5.
“Recycling location” means a place, mobile unit, 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.14520.6.
“Noncertified recycler” means a person, entity, or operation that is not certified by the department and that purchases empty beverage containers from consumers or from dropoff or collection programs.14521.
“Recycling rate” means the proportion of empty beverage containers by type returned to processors for recycling, measured in the manner prescribed in Section 14551.14522.5.
To “redeem” means to return to a recycling center or location an empty beverage container for a refund of at least the refund value, and “redemption” is the act of redeeming.14523.5.
“Redemption rate” means the proportion of empty beverage containers returned to processors measured in the manner prescribed in Section 14551.14524.
“Refund value” means the amount established for each type of beverage container pursuant to Section 14560 that is paid by the following:(a) A certified recycling center to the consumer or dropoff or collection center program for each beverage container redeemed by the consumer or dropoff or collection center.
program. With respect to consumers returning containers to recycling centers, the refund value shall not be subject to tax under the Personal Income Tax Law (Part 10 (commencing with Section 17001) of Division 2 of the Revenue and Taxation Code) or the Corporation Tax Law (Part 11 (commencing with Section 23001) of Division 2 of the Revenue and Taxation Code).
(b) The beverage container stewardship organization to a certified recycling center, for each beverage container redeemed by the certified recycling center from a consumer or dropoff or collection program.
(c) A dealer to a distributor for every beverage
container sold or transferred to a dealer.
14525.
“Refillable beverage container” means any aluminum beverage container, bimetal beverage container, glass beverage container, plastic beverage container, or other beverage container, holding 150 fluid ounces or less of beverage, that has a minimum deposit of three cents ($0.03) and that ordinarily would be returned to the manufacturer to be refilled and resold.14525.5.
“Reverse vending machine” means 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 container’s refund value. The refund value payments shall be aggregated and then paid, if more than one container is redeemed in a single transaction.14525.6.
“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, Rural14525.7.
“Rural region recycler” means a recycler that is certified for a rural region and that accepts or collects empty beverage containers from consumers pursuant to Section 14570.2 with the intention to recycle them.14526.
“Scrap value” means the value of the material that an empty beverage container is composed of.14526.5.
“Supermarket” means a full-line, self-service retail store with gross annual sales of four million dollars ($4,000,000), or more, that sells a line of dry grocery, canned goods, or nonfood items and some perishable items. For purposes of determining which dealers are supermarkets, the department shall use the annual updates of the Progressive Grocer Marketing Guidebook and any computer printouts developed in conjunction with the guidebook.14526.6.
“Supermarket site” means any certified recycling center that redeems all types of empty beverage containers in accordance with Section 14570.2, that is located within, or outside and immediately adjacent to the entrance of, or at, or within a parking lot or loading area surrounding, a supermarket or dealer that is located within the convenience zone, and that is accessible to motor traffic.14527.
“Use or consumption” includes the exercise of any right or power over a beverage incidental to the beverage’s ownership, including, but not limited to, drinking the beverage. “Use or consumption” does not include the sale, or the keeping or retention, of a beverage for the purposes of sale.14528.
“Universal product code” is an 11-digit, all-numeric code that represents a beverage container or other consumer package of a particular brand, size, type, and manufacturer by using a series of alternating bars and spaces for electronic scanning.14528.3.
“Wine” means the fermented juice of fresh grapes used as a beverage.14528.5.
“Wine and distilled spirit cooler” means a beverage containing wine or distilled spirits to which is added concentrated or unconcentrated juice or flavoring material and containing not more than 7 percent alcohol by volume.CHAPTER 3. Administration
14530.
This division shall be administered by the Division of Recycling. The Division of Recycling shall be administered by an assistant director who is appointed by the Governor. The appointment shall be exempt from civil service.14530.5.
(a) For purposes of entering into contracts for consulting, promotional, or advisory services necessary to implement this division, the requirements of Sections 11042 and 14615 of the Government Code and Sections 10295 and 10318 of the Public Contract Code do not apply to the activities of the department pursuant to this division, except that any sole source contract awarded by the department shall be reviewed and approved by the Department of General Services.(b) The department may prepare, publish, and issue in print, or make available electronically, pamphlets, promotional materials, and
bulletins that the director determines to be necessary for the dissemination of information to the public concerning the activities of the department pursuant to this division.
14530.6.
Upon the request of the department, the Attorney General shall represent the department and the state in litigation concerning affairs of the department.14536.
(a) The department may adopt any rules or regulations that the department determines necessary or useful to carry out this division in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The director shall adopt, amend, or repeal all rules and regulations in accordance with those provisions. The department shall consult with the beverage container stewardship organization regarding the adoption of rules and regulations pursuant to this section.(b) The director shall adopt regulations for purposes of implementing Sections 14538, 14539, 14541,
14550, 14561, 14588.1, 14588.2, and 14591.
14536.5.
(a) In carrying out(b) The Department of Food and Agriculture may, as requested by the department, collect, compile, and report information regarding
the importation of filled or postfilled beverage containers. Border agricultural inspection stations and any other appropriate information gathering focal points may be used and the plant quarantine officers and supervisors of the Department of Food and Agriculture shall collect, compile, and report information requested by the department pursuant to this subdivision. Recovery of costs incurred by the Department of Food and Agriculture shall be accomplished through an interagency agreement with the department.
14536.7.
For purposes of Section 12024.13 of the Business and Professions Code, the department shall notify the Department of Food and Agriculture of any changes to this division, or regulations issued pursuant to this division, that affect refund values or the responsibilities of a dealer.CHAPTER 3.5. Certifications and Registrations
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 60 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, in addition to any other appropriate provisions, shall require 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 operator’s operations that conflicts with information submitted in the operator’s 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, a requirement that the applicant 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 the beverage container stewardship organization 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 14570.2, 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 to a noncertified recycler.
(5) A certified recycling center shall not pay any refund values 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 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 distributors on materials subject to this division.
(G) Documents authorizing the recycling center to cancel the refund value of empty beverage containers.
(H) Weight tickets.
(8) A certified recycling center shall comply with any operational requirements established by the beverage container stewardship organization in its plan under Section 42984.13.
(e) The department shall conduct regular, unannounced inspections of certified recycling centers for the purpose of determining
that the requirements of this division are satisfied. The department shall assess civil penalties pursuant to Section 14591.1 for violations at certified recycling centers.
(f) For purposes of this section, a “recycling center” includes a mobile recycling program.
14539.
(a) (1) The department shall certify processors 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 calendar days after the date when the application was deemed complete.
(b) The director shall adopt, by
regulation, requirements and standards for certification. The regulations, in addition to any other appropriate provisions, shall require that all of the following conditions be met for certification:
(1) The processor demonstrates to the satisfaction of the department that the processor 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 processor 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 processor notifies the department promptly of any material change in the nature of the processor’s operations that conflicts with the information submitted in the operator’s application for certification.
(c) (1) An applicant for certification as a processor and a processor 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, a requirement that the applicant 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 processors 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 processor shall comply with all of the following requirements for operation:
(1) Unless exempted pursuant to subdivision (b) of Section 14570.2, the processor
shall accept all empty beverage containers, regardless of type, for which the processor is certified.
(2) A processor shall take the actions necessary and approved
by the department to cancel containers to render them unfit for redemption.
(3) A processor shall prepare or 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 processor or that are required to be obtained from recycling centers.
(B) Processor reports regarding empty beverage containers received.
(C) Cancellation verification documents.
(D) Documents authorizing recycling centers to cancel empty beverage containers.
(E) Processor-to-processor transaction receipts.
(F) Rejected container receipts on materials subject to this division.
(G) Receipts for transactions with beverage manufacturers on materials subject to this division.
(H) Receipts for transactions with distributors on materials subject to this division.
(I) Weight tickets.
(4) In addition to the requirements of paragraph (2), a processor 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.
14539.5.
(a) The department shall certify dropoff and collection programs pursuant to this section. The director shall adopt, by regulation, requirements and standards for certification, and a dropoff or collection program shall meet all of the standards and requirements contained in those regulations for certification. The regulations shall require that all information be submitted to the department under penalty of perjury. The regulations shall require, in addition to any other conditions that may be imposed by the department, that both of the following conditions be met for certification:(1) The dropoff or
collection program demonstrates, to the satisfaction of the department, that the dropoff or collection program will operate in accordance with this division.
(2) The dropoff or collection program notifies the department promptly of any material change in the nature of its operations that conflicts with the information submitted in the application for certification.
(b) A certified dropoff or collection program shall not receive a refund value on an empty beverage container that the certified dropoff or collection program knew, or should have known, was received from a noncertified recycler, on any beverage container that the certified dropoff or collection program knew
or should have known came from out of this state, or any other beverage container or other product that does not have a refund value established pursuant to Section 14560.
14539.7.
(a) The department shall register the operators of curbside programs pursuant to this section.(b) Each curbside program that recycles empty beverage containers shall register with the department for an identification number. A curbside program shall not receive compensation for recycling empty beverage containers without a valid identification number.
(c) The director shall adopt, by regulation, a procedure for the registration of curbside programs. This procedure shall include standards
and requirements for registration. These regulations shall require that all information be submitted to the department under penalty of perjury. A curbside program shall meet all of the standards and requirements contained in the regulations for registration.
(d) The department shall require that the identification numbers received pursuant to this section be used on shipping reports pursuant to Sections 14538 and 14539 for material collected by curbside programs and on all other reports or documentation required by the department to administer this division.
(e) An operator of a curbside program registered pursuant to this section shall be deemed a certificate holder
for purposes of this division.
14540.
The department may review and verify all applications for certification of recycling centers and processors, and may conduct a comprehensive field investigation of any applicant in any manner that the department deems necessary to promote the purposes of this division. This division does not prohibit the department from certifying the same location or entity as both a processor and a recycling center.14541.
(a) The department may issue a certificate pursuant to an initial or renewal application for certification as probationary, and the department may issue any other certificate as probationary pursuant to an enforcement action.(b) A probationary certificate issued pursuant to this section shall be issued for a limited period of not more than two years. Before the end of the probationary period, the department shall issue a nonprobationary certificate, extend the probationary period for not more than one year, or, after notice to the probationary certificate holder, revoke the probationary certificate. Subsequent to
the revocation, the former probationary certificate holder may
request a hearing, which, notwithstanding Section 11445.20 of the Government Code, shall be conducted in the same form as a hearing for an applicant whose original application for certification is denied.
(c) If a hearing is requested pursuant to subdivision (b) and the party requesting the hearing fails to appear on the date scheduled, and does not notify the department at least five days before the hearing date that the party will not appear, the department may recover from the party all costs and fees incurred by the department, including attorney’s and expert’s fees, and any other cost associated with preparing for, or conducting, the hearing.
(d) If conditions are imposed on the certificate holder as part of a disciplinary proceeding conducted pursuant to Section 14591.2, the certificate shall be considered probationary. If, at any time, the certificate holder violates any term or condition of the probationary certificate, the certificate may be revoked or suspended, after three days’ notice, without any further hearing by the department.
14541.2.
The department may charge a fee for any certification, or renewal thereof, issued pursuant to this chapter. The fee shall not exceed the reasonable costs of the department to certify, register, or renew the certification or registration.14541.4.
Any certification or registration granted by the department is a privilege and not a vested right or interest.CHAPTER 4. Reporting
14550.
(a) (1) Every processor shall report to the department for each month the amount of empty beverage containers, by material type and weight of container or material, excluding refillable beverage containers, received from a recycler for recycling. Every processor shall also report to the department for each month the amount of other postfilled aluminum, glass, and plastic food and drink packaging materials sold filled to consumers in this state and returned for recycling.(2) The department shall treat all information reported pursuant to this section by a processor as commercial or financial information
subject to the procedures established pursuant to
Section 14554.
(b) Every distributor who sells or offers for sale in this state beverages in aluminum beverage containers, nonaluminum metal beverage containers, glass beverage containers, plastic beverage containers, or other beverage containers, including refillable beverage containers of these types, shall report to the department for each month the number of beverages sold in these beverage containers in this state that are labeled pursuant to Section 14561, by material type and size and weight of container or any other method as the department may prescribe.
(c) Every distributor who sells or offers for sale in this state beverages in
refillable beverage containers and who pays a refund value to distributors, dealers, or consumers who return these
containers for refilling, shall report to the department for each month the number of these beverage containers returned empty to be refilled, by material type and size of container or any other method which the department may prescribe.
(d) The reports required by this section shall be submitted within 10 days after each month, in the form and manner that the department may prescribe. However, a distributor may, upon the approval of the department, submit these reports annually to the department.
14551.
(a) The department shall establish reporting periods for the reporting of redemption rates and recycling rates. Each reporting period shall be six months. The department shall determine all of the following for each reporting period and shall issue a report on its determinations, within 130 days of the end of each reporting period:(1) Sales of beverages in aluminum beverage containers, bimetal beverage containers, glass beverage containers, plastic beverage containers, and other beverage containers in this state, including refillable beverage containers.
(2) Returns for recycling, and returns not for recycling, of empty aluminum beverage containers, bimetal beverage containers, glass beverage containers, plastic beverage containers, and other beverage containers in this state, including refillable beverage containers returned to distributors pursuant to Section 14570.3. These numbers shall be calculated using the average current weights of beverage containers, as determined and reported by the department. To these numbers shall be added and separately reported the following, if greater than, or equal to, zero:
(A) All empty postfilled aluminum, glass, and plastic food or drink packaging materials sold in the state, returned for recycling, and reported by weight to the
department that do not have a refund value less the number specified in subparagraph (B).
(B) The number of beverage containers that comprise the first five percentage points of the redemption rate without including the empty postfilled aluminum, glass, and plastic food or drink packaging materials sold in the state, returned for recycling and reported by weight to the department that do not have a refund value.
(3) An aluminum beverage container redemption rate, the numerator of which shall be the number of empty aluminum beverage containers returned, including refillable aluminum beverage containers and empty postfilled aluminum food or drink packaging
material included in paragraph (2), and the denominator of which shall be the number of aluminum beverage containers sold in this state.
(4) An aluminum beverage container recycling rate, the numerator of which shall be the number of empty aluminum beverage containers returned for recycling, including refillable aluminum beverage containers, and the denominator of which shall be the number of aluminum beverage containers sold in this state.
(5) A bimetal beverage container redemption rate, the numerator of which shall be the number of empty bimetal beverage containers returned, and the denominator of which shall be the number of bimetal beverage containers
sold in this state.
(6) A bimetal beverage container recycling rate, the numerator of which shall be the number of empty bimetal containers returned for recycling, including refillable bimetal beverage containers, and the denominator of which shall be the number of bimetal beverage containers sold in this state.
(7) A glass beverage container redemption rate, the numerator of which shall be the number of empty glass beverage containers returned, including refillable glass beverage containers and empty postfilled food or drink packaging materials included in paragraph (2), and the denominator of which shall be the number of glass beverage containers sold in this
state.
(8) A glass beverage container recycling rate, the numerator of which shall be the number of empty glass beverage containers returned for recycling, including refillable glass beverage containers, and the denominator of which shall be the number of glass beverage containers sold in this state.
(9) A plastic beverage container redemption rate, the numerator of which shall be the number of empty plastic beverage containers returned, including refillable plastic beverage containers and empty postfilled food or drink packaging materials included in paragraph (2), and the denominator of which shall be the number of plastic beverage containers sold in this state.
(10) A plastic beverage container recycling rate, the numerator of which shall be the number of empty plastic beverage containers returned for recycling, including refillable plastic beverage containers, and the denominator of which shall be the number of plastic beverage containers sold in this state.
(11) A redemption rate for other beverage containers, the numerator of which shall be the number of empty beverage containers other than those containers specified in paragraphs (1) to (10), inclusive, returned, and the denominator of which shall be the number of beverage containers, other than those containers specified in paragraphs (1) to (10), inclusive, sold in this state.
(12) A recycling rate for other beverage containers, the numerator of which shall be the number of empty beverage containers other than those containers specified in paragraphs (1) to (10), inclusive, returned for recycling, and the denominator of which shall be the number of beverage containers, other than those containers specified in paragraphs (1) to (10), inclusive, sold in this state.
(13) The department may define categories of other beverage containers, and report a redemption rate and a recycling rate for each such category of other beverage containers.
(14) The volumes of materials collected from
certified recycling centers, by city or county, as requested by the city or county, if the reporting is consistent with the procedures established pursuant to Section 14554 to protect proprietary information.
(b) The department shall determine the manner of collecting the information for the reports specified in subdivision (a), including establishing procedures, to protect any proprietary information concerning the sales and purchases.
14551.4.
The department shall make available the information collected pursuant to subdivision (a) of Section 14551, concerning the volumes of materials collected from certified recycling centers, only to a governmental agency that requests the information, including a city or county, or an entity specifically designated by the city or county to receive the information if the entity requests the information, if all of the following conditions are met:(a) The request is made in writing.
(b) All information provided by
the department is provided using the aggregate amounts collected in the city or county unless the city or county, or an entity specifically designated by the city or county to receive the information, requests the information provided by each individual certified recycling center.
(c) All information provided to the governmental agency, including a city or county, or an entity specifically designated by the city or county to receive the information, is considered proprietary and confidential in nature and protected in accordance with the requirements of subdivision (b) of Section 14551 of the Public Resources Code, Section 14554 of the Public Resources Code, and subdivision (e) of Section 6254.5 of the Government Code.
14551.5.
(a) On or before March 1 of each year, a manufacturer of a beverage sold in a plastic beverage container subject to the refund value shall report to the department the amount of virgin plastic and postconsumer recycled plastic used by the manufacturer for plastic beverage containers subject to the refund value for sale in the state in the previous calendar year. The manufacturer shall submit this information to the department under penalty of perjury.(b) The department shall post the information reported pursuant to subdivision (a) on the department’s internet website.
(c) This section does not apply to a refillable plastic beverage container.
14551.6.
Every glass container manufacturer shall report to the department each month, by a method as determined by the department, the amount of total tons of new glass food, drink, and beverage containers made in California by that glass container manufacturer and the tons of California postfilled glass used in the manufacturing of those new containers.14552.
(a) The department shall establish and implement an auditing system to ensure that the information collected complies with the purposes of this division.(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 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) (1) During the conduct duration 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 department’s judgment, is necessary to carry out this section to verify compliance with this division and the regulations adopted pursuant to this division.
(2) 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.
(3) 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 as to which the department determines release 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.
14553.
(a) Except as provided in subdivision (b), all reports, claims, and other information required pursuant to this division and submitted to the department shall be complete, legible, and accurate, as determined by the department by regulation, and shall be signed by an officer, director, managing employee, or owner of the certified recycling center, processor, distributor, beverage manufacturer, container manufacturer, or other entity.(b) Notwithstanding subdivision (a), a person submitting the reports, claims, and other information specified in subdivision (a) shall use the Division of Recycling Integrated
Information System (DORIIS) or other system designated by the department for providing information required pursuant to this division.
(c) The department may inspect the operations, processes, and records of an entity required to submit a report to the department pursuant to this division to determine the accuracy of the report and compliance with the requirements of this division.
(d) (1) A violation of this section is subject to the penalties specified in Section 14591.1.
(2) The department may take an enforcement action against a certified
recycling center or processor that fails to comply with this section, including, but not limited to, imposing penalties or terminating the certification of the certified recycling center or processor.
14554.
The department shall establish procedures to protect any privileged, confidential, commercial, or financial information obtained while collecting information for carrying out the requirements of this division. Any privileged, confidential, commercial, or financial information obtained in confidence by the department is not a public record for purposes of Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code.14556.
(a) The department shall annually provide to the Legislature, pursuant to subdivision (b), at least the following information, based on information provided by the beverage container stewardship organization, if applicable, for the current fiscal year and the budget year:(1) An updated fund condition statement that includes the revenues, transfers, and expenditures into and out of the fund.
(2) The recycling rate, by beverage container material type.
(3) An explanation of significant changes to the fund condition statement from the prior report and significant changes to the methodology used for forecasting the fund condition statement.
(4) Projected sales, which include all actual data available since the last reporting period, by beverage container material type and size, and actual or projected returns, which include all actual data available since the last reporting period, by beverage container material type, including an explanation in any case where the actual returns are more than 100 percent of actual sales.
(b) Notwithstanding Section 9795 of the
Government Code, the department shall annually provide a written copy of the information
required pursuant to subdivision (a) to the Joint Legislative Budget Committee and to the appropriate policy and fiscal committees of both houses of the Legislature and shall also post the most recent information required pursuant to subdivision (a) on the department’s internet website.
CHAPTER 5. Minimum Refund Value and Labeling
14560.
(a) Except as provided in subdivision (b), a beverage container with a capacity of 24 fluid ounces(b) If the department determines that, in each of the two calendar years 2029 and 2030, or in each of any two consecutive calendar years thereafter, the aggregate
recycling rate for all beverage containers subject to this chapter is less than 75 percent, the department shall provide recommendations to the Legislature within six months of that determination on ways to increase the aggregate recycling rate.
(c) The refund value established pursuant to this section does not apply to a refillable beverage container.
14560.5.
(a) In accordance with the methodology established pursuant to Section 42984.13, a dealer shall forward to the distributor any refund values for beverage containers filled with a beverage sold by the distributor to the dealer, and the distributor shall forward those moneys to the beverage container stewardship organization.(b) To the extent technically and economically feasible, a dealer may separately identify the amount of any refund value that is applied to the purchase of a beverage container on the customer cash register receipt provided to the consumer by the dealer.
(c) (1) A dealer at a dealer location with a sales and storage area totaling more than 4,000 square feet shall separately identify the amount of any refund values imposed on a beverage container in all advertising of beverage products and on the shelf labels of the dealer’s establishment. The separate identification shall be accomplished by stating one of the following:
(A) The price of the beverage product plus a descriptive term, as described in paragraph (2).
(B) The price of the beverage product plus the amount of the applicable refund value and a descriptive term, as described in paragraph
(2).
(C) The price of the beverage product plus the amount of the applicable refund value, a descriptive term, as described in paragraph (2), and the total of these two amounts.
(2) For purposes of paragraph (1), the refund value shall be identified by one of the following descriptive terms: “California Redemption Value,” “CA Redemption Value,” “California Refund Value,” “CA Refund Value,” “CRV,” “California Cash Refund,” “CA Cash Refund,” or any other message specified in Section 14561.
(3) A dealer shall not include the refund value in the
total price of a beverage container in any advertising or on the shelf of the dealer’s establishment.
(4) The penalties specified in Sections 14591 and 14591.1 shall not be applied to a person who violates this subdivision.
(d) With regard to the sale of beer and other malt beverages, wine, distilled spirits, or wine and distilled spirits cooler beverages, any amount of refund value imposed by this division is subject to Section 25509 of the Business and Professions Code.
14561.
(a) A beverage manufacturer shall clearly indicate on all beverage containers sold or offered for sale by that beverage manufacturer in this state the message “CA Redemption Value,” “California Redemption Value,” “California Refund Value,” “CA Refund Value,” “CA Cash Refund,” “California Cash Refund,” or “CA CRV,” by either printing or embossing the beverage container or by securely affixing a clear and prominent stamp, label, or other device to the beverage container.(b) Any refillable beverage container sold or offered for sale is exempt from the labeling requirements of subdivision (a). However, any
beverage manufacturer or container manufacturer may place upon, or affix to, a refillable beverage container, any message that the manufacturer determines to be appropriate relating to the refund value of the beverage container.
(c) A person shall not offer to sell, or sell to a consumer, a beverage container subject to subdivision (a) that has not been labeled pursuant to this section, except for a refillable beverage container that is exempt from labeling pursuant to subdivision (b).
(d) The department may require that a beverage container intended for sale in this state be printed, embossed, stamped, labeled, or otherwise marked with a universal product code or similar
machine-readable indicia.
(e) A beverage container labeled with the message specified in subdivision (a) shall have the minimum refund value established pursuant to Section 14560.
CHAPTER 6. Recycling and Convenience Zones
14570.
Unless otherwise specified by this chapter, the methods and processes for the redemption and recycling of empty beverage containers described in the beverage container stewardship plan developed under Section 42984.13 shall apply.14570.1.
Every dealer shall post a clear and conspicuous sign of at least 10 inches by 15 inches at each public entrance to the dealer’s place of business, which specifies one of the following:(a) The name and address, as provided by the department, of at least the certified recycling center, location, or locations, nearest to the dealer, that redeems all types of empty beverage containers and the toll-free telephone number and internet website established by the department for the purpose of disseminating information regarding beverage container recycling opportunities.
(b) If no recycling location has been established in a convenience zone, procedures for redeeming beverage containers, as established by the beverage container stewardship organization under Section 42984.13.
14570.2.
(a) (1) Except as provided in subdivision (b), a certified recycling center shall accept from any consumer or dropoff or collection program any empty beverage container, and shall pay to the consumer or dropoff or collection program the refund value of the beverage container.(2) A recycling center may pay the refund value based on the weight or quantity of returned containers. If the recycling center pays the refund value based on weight of returned containers, the certified recycling center shall, for beverage containers redeemed by consumers, pay the refund value using the
applicable segregated rate, as defined in paragraph (43) of subdivision (a) of Section 2000 of Title 14 of the California Code of Regulations, as that section read on September 1, 2013.
(b) Any recycling center or processor that was in existence on January 1, 1986, and that refused, as of January 1, 1986, to accept at a particular location a certain type of empty beverage container may continue to refuse to accept at the location the type or types of empty beverage containers that the recycling center or processor refused to accept as of January 1, 1986. A certified recycling center that refuses, pursuant to this subdivision, to accept a certain type or types of empty beverage containers is not eligible to receive incentive payments unless the center agrees to accept all types of empty beverage containers and is a supermarket site. This subdivision
does not preclude the certified recycling center from receiving an incentive payment for beverage containers redeemed at supermarket sites that do accept all types of containers.
(c) The department shall develop procedures by which recycling centers and processors that meet the criteria of subdivision (b) may recertify to change the material types accepted.
(d) (1) Only a certified recycling center may pay the refund value to consumers or dropoff or collection programs.
(2) A person shall not receive or retain, for empty beverage containers that come from out of state, any refund values.
14570.3.
A certified recycling center, other than a reverse vending machine, shall accept from any consumer or any dropoff or collection program and pay the applicable deposit for any refillable empty beer and other malt beverage container. The certified recycling center shall return, or cause to be returned, the refillable beer and other malt beverage container to the beer and other malt beverage distributor or any willing purchaser, who shall then pay the deposit to the recycling center. The beer and other malt beverage distributor or other purchaser shall also negotiate an incentive payment with the recycling center for the return of these containers.14570.4.
A processor shall make a payment to a recycling center or dropoff or collection program, for all types of empty beverage containers, by type of beverage container, received by the processor from the recycling center or dropoff or collection program, upon receipt by the processor of a shipping report from the supplier of the material, in a form and an amount determined in accordance with the methodology established under Section 42984.13.14570.6.
A dropoff or collection program shall not pay any refund value to the consumer.14571.
The beverage container stewardship organization shall annually designate all convenience zones, as specified in Section 42984.13.14571.6.
In any convenience zone where no recycling location has been established that satisfies the requirements of this division and the requirements established under the beverage container stewardship plan, and in any convenience zone that has exceeded the 60-day period for the establishment of a recycling center pursuant to Section 14571.7, the beverage container stewardship organization shall, until a recycling location has been established in that zone, pay to the department for deposit in the fund the sum of one hundred dollars ($100) per day.14571.7.
In any convenience zone where a recycling location or locations were initially established, but where the location or locations cease to operate in accordance with this division and in accordance with requirements established under the beverage container stewardship plan, the department shall notify the beverage container stewardship organization that a recycling location is required to be established within 60 days within that convenience zone, and the beverage container stewardship organization shall establish, or cause to be established, a recycling location within that convenience zone.14571.8.
A lease entered into by a dealer after January 1, 1987, shall not contain a leasehold restriction that prohibits or results in the prohibition of the establishment of a recycling location.14572.
(a) The department shall supply all certified processors with a standardized rejection form that shall include, but not be limited to, the names of the parties rejecting the postfilled beverage container material, the date of the rejections, the reasons for the rejections, the amount of rejected material, and a detailed accounting of the steps taken by the processor and container manufacturer to avert landfilling or disposal of the material, as required by subdivision (c) of Section 14573.(b) Every container manufacturer shall fill out the standardized rejection form specified in subdivision (a) whenever
that container manufacturer rejects a load of redeemed beverage container materials physically delivered to the manufacturer’s place of business and offered for sale by a certified processor. The rejection form shall be filled out by the container manufacturer at the time of the rejection and immediately given to the certified processor for submission to the department. Any container manufacturer who refuses to fill out the standardized rejection form required by this subdivision is in violation of this division and is subject to the fines and penalties in Sections 14591 and 14591.1.
(c) If a processor has made a good faith effort, as determined by the department, to locate a willing purchaser and is unsuccessful, the processor may fill out the standardized rejection form specified
in subdivision (a) and submit it to the department. The processor rejection form shall include, but is not limited to, the name of the processor, the container manufacturers manufacturers, and other potential purchasers contacted, a detailed accounting of the methods used to contact the potential buyers, the date of the rejections, the reasons given for the rejections, the amount of postfilled beverage container material rejected, and any other steps taken to avert landfilling or disposal of the material.
(d) If a container manufacturer rejects a load of postfilled containers by telephone, written correspondence
of any kind, or other similar method, the container manufacturer shall, in a manner prescribed by the department, keep accurate logbooks of the offer of loads by the certified processor, and make that logbook available for inspection by the department upon demand. The logbook shall contain, in addition to any other information, the same information required in the rejection form pursuant to subdivision (a).
(e) The standardized rejection form specified in subdivision (a) shall be submitted to the department by the certified processor with the written request to dispose of the redeemed material submitted pursuant to Section 14573. This material shall not be disposed of without a written authorization to do so by the department pursuant to Section 14573. The department shall provide
a copy of the rejection form to the beverage container stewardship organization.
(f) Nothing in this section shall be interpreted to lessen certified processors’ and container manufacturers’ responsibilities relating to beverage container recycling, or diminish in any way the department’s authority to carry out the intent and goals of this division.
14573.
(a) (1) A certified processor seeking to dispose of rejected postfilled containers shall not dispose of rejected postfilled containers unless the certified processor first submits to the department, in writing, a request to dispose of the rejected material. A certified processor shall not dispose of the rejected material prior to obtaining written permission from the department, except that if the department fails to respond to a written request to dispose of rejected postfilled beverage container materials within 10 days of receipt of the request, the processor’s request for disposal shall be deemed approved by the department.(2) If the department approves a request for disposal, or a request is deemed approved pursuant to paragraph (1), the certified processor shall notify the beverage container stewardship organization.
(b) All rejected loads of postfilled containers shall be made available to, and shall be subject to inspection by, the department.
(c) All possible steps to avert the disposal of the loads of postfilled containers, as determined by the department, shall be taken by all container manufacturers and processors. All transactions or attempted transactions involving rejecting postfilled containers shall be thoroughly documented on the standardized rejection form
pursuant to Section 14572. The container manufacturer and the certified processor are jointly and severally responsible for this effort.
CHAPTER 6.5. Minimum Content Requirements for Beverage Container Manufacturing
14575.
On or before January 1, 2026, and except as provided in Section 14576, the department shall establish the minimum content standards for beverage containers that are constructed of metal, glass, or plastic, or other material, or any combination thereof.14576.
(a) Each glass container manufacturer in the state shall use a minimum percentage of 35 percent of postfilled glass in the manufacturing of their glass food, drink, or beverage containers measured in the aggregate, on an annual basis, except that if a glass container manufacturer demonstrates to the satisfaction of the department that its use of postfilled glass during the annual period is made up of at least 50-percent mixed-color cullet, then that manufacturer shall use a minimum percentage of 25-percent postfilled glass in the manufacturing of its glass food, drink, or beverage containers, measured in the aggregate, on an annual basis.(b) A glass container manufacturer may seek a reduction or waiver of the minimum postfilled glass percentage required to be used in the manufacture of glass food, drink, or beverage containers pursuant to subdivision (a). The department may grant a reduction or waiver of the percentage requirement if it finds and determines that it is technologically infeasible for the glass container manufacturer to achieve the percentage requirement or if the department determines that a glass container manufacturer cannot achieve the minimum percentage because of a lack of available glass cullet.
(c) For the purposes of this section, “mixed-color cullet” means cullet that does not meet the ASTM standard specifications for color mix
of color sorted postfilled glass as raw material for the manufacture of glass containers.
CHAPTER 7. Financial Provisions
14580.
(a) Except as provided in subdivision (c), the department shall deposit all fees received into the Beverage Container Recycling Program Fund, which is hereby created in the State Treasury.(b) The moneys in the fund may be expended by the department, upon appropriation by the Legislature in the annual Budget Act, only for the administration of this division.
(c) The department shall deposit all civil penalties or fines collected pursuant to this division into the Penalty Account, which is hereby created in the fund. The moneys in the
Penalty Account may be expended by the department, upon appropriation by the Legislature, only for purposes of this division.
14585.
To provide incentive for the establishment of recycling centers in convenience zones, the beverage container stewardship organization, as a part of its beverage container stewardship plan adopted under Section 42984.13, shall establish incentive payments to be paid to certified recycling centers for each empty beverage container redeemed by the recycling center, and adopt methods for paying those fees.14586.
Refund values not redeemed pursuant to Chapter 6 (commencing with Section 14570) shall be retained by the beverage container stewardship organization and shall be used for the following purposes, in the following priority:(a) The implementation of this division and the implementation and administration of the beverage container stewardship program, as described in Chapter 20.5 (commencing with Section 42984) of Part 3 of Division 30. The beverage container stewardship organization’s administrative costs that are funded by the unredeemed refund values shall not exceed 2 percent of the projected unredeemed refund values for the calendar year.
(b) Payments to curbside programs in an amount sufficient to avoid any adverse impacts on consumers, curbside programs, or local governments.
(b)
(c) Activities to improve the quality of postconsumer beverage container material that is used for recycling purposes.
(c)
(d) Activities that encourage the remanufacturing of beverage containers.
(d)
(e) Activities to encourage in-state manufacturing of recycled beverage containers.
CHAPTER 7.5. Penalties for Unfair Recycling Competition
14588.
It is the intent of the Legislature that incentive payments paid to supermarket site recycling centers by the beverage container stewardship organization only be used to offset the unique costs of providing convenient recycling opportunities to consumers at supermarket sites, and that those fees shall not be expended for the purpose of engaging in unfair and predatory competition in order to reduce recycling rates of other recycling centers certified pursuant to this division.14588.1.
As used in this chapter, “unfair and predatory pricing” means the payment to consumers by a supermarket site, that receives incentive payments for the redemption of beverage containers, in an amount that exceeds the sum of both of the following:(a) The California refund value for that container.
(b) The scrap value for that container.
14588.2.
(a) To ensure that incentive payments paid to a supermarket site are not used for the purpose of engaging in unfair and predatory pricing, and to otherwise further the intent of this chapter, the department shall follow all of the requirements of this section upon the complaint of either of the following:(1) Any certified recycler located within five miles of the supermarket site alleged to have engaged in unfair and predatory pricing if not located in a rural region.
(2) Any certified recycler
located within 10 miles of the supermarket site alleged to have engaged in unfair and predatory pricing if located in a rural region.
(b) (1) (A) Within 50 days of receiving the complaint, the department shall complete an audit of the payments for the redemption of beverage containers being paid by the supermarket site, and by other certified recycling centers, as specified in subparagraphs (B) and (C), for the purpose of determining whether the supermarket site is engaged in unfair and predatory pricing.
(B) If the supermarket site is not located in a rural region, certified recycling centers located within a 5-mile
five-mile radius of the supermarket site.
(C) If the supermarket site is located in a rural region, certified recycling centers located within a 10-mile radius of the supermarket site.
(2) The department shall withhold from public disclosure any proprietary information collected by the department in the course of the audit mandated by paragraph (1). The department shall exercise its discretion in determining what information is proprietary.
(c) (1) If the director determines there is probable cause that a supermarket site, against which a complaint has been made, has engaged in unfair and
predatory pricing, the director shall, within 60 days of receiving the complaint, convene an informal hearing before the director, or the director’s designee.
(2) At least 10 days before the hearing, the director shall forward the results of the audit to the complainant and respondent.
(3) At the hearing, the director, or the director’s designee, shall review the audit conducted pursuant to subdivision (b) and any evidence presented by the complainant that a supermarket site has engaged in unfair and predatory pricing. The director, or the director’s designee, shall also review any evidence presented by the respondent that the respondent has not engaged in unfair
and predatory pricing.
(4) The respondent shall be given the opportunity, if believed to have been engaged in unfair and predatory pricing, to demonstrate to the satisfaction of the director, or the director’s designee, that the respondent made a good faith effort to ascertain the scrap value within 30 days before the date of the alleged violation and used that value as ascertained in setting payments to consumers. This shall be deemed to not be unfair and predatory pricing.
(5) The director, or the director’s designee, may dismiss a complaint made pursuant to subdivision (a) upon determining either of the following:
(A) The complaint is without basis.
(B) The complaint is repetitious of prior similar complaints against the same supermarket site for which the director or the director’s designee has determined that no unfair and predatory pricing occurred.
(d) Within 20 days of the completion of the hearing, the director, or the director’s designee, shall determine whether the supermarket site has engaged in unfair and predatory pricing. This determination shall be based upon the audit conducted pursuant to subdivision (b), and upon any clear and convincing evidence of unfair and predatory pricing presented at the hearing.
(e) During the time period from the date of the receipt of a complaint pursuant to subdivision (a), until the date the director makes a determination pursuant to subdivision (d), the supermarket site against which the allegation of unfair and predatory pricing is made shall not receive incentive payments that were earned during the period commencing with the date of the alleged unfair and predatory pricing. However, nothing in this subdivision shall
affect the payment of incentive payments to a supermarket site that is found not to have engaged in unfair and predatory pricing pursuant to this section, or to the activities of a supermarket site prior to the date of the alleged unfair and predatory pricing.
(f) (1) If, after complying with the procedure established pursuant to this section, the director, or the director’s designee, determines that a supermarket site has engaged in unfair and predatory pricing, the site is ineligible to receive incentive payments as specified by this section.
(2) If the determination of unfair and predatory pricing is the first for the
site, the site is ineligible to receive incentive payments for six months from the date that the respondent is found to have engaged in unfair and predatory pricing.
(3) If the determination of unfair and predatory pricing is the second for the site, the site is ineligible to receive incentive payments for one year from the date that the respondent is found to have engaged in unfair and predatory pricing.
(4) If the determination of unfair and predatory pricing is the third or more for the site, the site is ineligible to receive incentive payments for five years after the date that the respondent is found to have engaged in unfair and predatory pricing.
(g) The complainant or respondent may obtain a review of the
determination made pursuant to this section by filing in the superior court a petition for a writ of mandate within 30 days following the issuance of the determination. Section 1094.5 of the Code of Civil Procedure shall govern judicial proceedings pursuant to this subdivision, except that the court shall exercise its independent judgment. If a petition for a writ of mandate is not filed within the time limits set forth in this subdivision, the determination made pursuant to this subdivision is not subject to review by any court or agency.
(h) If either party appeals the determination of the director, or the director’s designee, pursuant to subdivision (g), and the department prevails, the department may recover any costs associated with its defense of the
complaint.
CHAPTER 8. Severability and Enforcement
14590.
If any provision of this division or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of14591.
(a) Except as provided in subdivision (b), in addition to any other applicable civil or criminal penalties, a person convicted of a violation of this division, or a regulation adopted pursuant to this division, is guilty of an infraction, which is punishable by a fine of one hundred dollars ($100) for each initial separate violation and not more than one thousand dollars ($1,000) for each subsequent separate violation per day.(b) (1) Every person who, with intent to defraud, knowingly takes any of the following actions is guilty of a crime:
(A) Fails to accurately report the number of beverage containers sold, as required by subdivision (b) of Section 14550.
(B) Redeems out-of-state containers, rejected containers, line breakage, or containers that have already been redeemed.
(C) Returns redeemed containers to the California marketplace for redemption.
(D) Brings out-of-state containers, rejected containers, or line breakage to the California marketplace for redemption.
(E) Submits a false or fraudulent claim for incentive payments pursuant to Section 14585.
(2) If the money obtained or withheld pursuant to paragraph (1) exceeds nine hundred fifty dollars ($950), a person convicted of a crime pursuant to paragraph (1) is subject to punishment by imprisonment in a county jail for not more than one year, by a fine not exceeding ten thousand dollars ($10,000), or by both that fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months, 2 two years, or 3
three years, by a fine not exceeding twenty-five thousand dollars ($25,000) or twice the late or unmade payments plus interest, whichever is greater, or by both that fine and imprisonment. If the money obtained or withheld pursuant to paragraph (1) equals, or is less than, nine hundred fifty dollars ($950), the person is subject to punishment by imprisonment in a county jail for not more than six months, by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment.
(c) For purposes of this section and Chapter 8.5 (commencing with Section 14595), “line breakage” and “rejected container” have the same meanings as defined in the regulations adopted or amended by the department pursuant to this division.
14591.1.
(a) (1) The department may assess a civil penalty upon a person who violates this division in an amount greater than one thousand dollars ($1,000) pursuant to this division and any regulations adopted pursuant to this division only after notice and hearing in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.(2) The department may assess a civil penalty upon a person who violates this division in an amount equal to, or less than, one thousand dollars ($1,000), using a notice of violation process established by regulation
and may use an informal hearing process pursuant to Article 10 (commencing with Section 11445.10) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of the Government Code.
(3) Each violation of this division is a separate violation and each day of the violation is a separate violation. The department shall deposit all revenues from civil penalties in the Penalty Account specified in subdivision (c) of Section 14580.
(b) Any person who intentionally or negligently violates this division may be assessed a civil penalty by the department pursuant to subdivision (a) of up to five thousand dollars ($5,000) for each separate violation, or for continuing violations, for
each day that violation occurs.
(c) Any person who violates this division by an action not subject to subdivision (b) may be assessed a civil penalty by the department pursuant to subdivision (a) of up to one thousand dollars ($1,000) for each separate violation, or for continuing violations, for each day that violation occurs.
(d) A person shall not be liable for a civil penalty imposed under subdivision (b) and for a civil penalty imposed under subdivision (c) for the same act or failure to act.
(e) In determining the amount of penalties
to be imposed pursuant to this division, the department shall take into consideration the nature, circumstances, extent extent, and gravity of the violation, the costs associated with bringing the action and, with respect to the violator, the ability to pay, the degree of culpability, compliance history, and any other matters that justice may require.
14591.2.
(a) The department may take disciplinary action against any party responsible for directing, contributing to, participating in, or otherwise influencing the operations of an entity certified under this division. A responsible party includes, but is not limited to, the certificate holder, registrant, officer, director, or managing employee. Except as otherwise provided in this division, the department shall provide a notice and hearing in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code before taking any disciplinary action against a certificate holder.(b) All of the following are grounds for disciplinary action, in the form determined by the department in accordance with subdivision (c):
(1) The responsible party engaged in fraud or deceit to obtain a certificate or registration.
(2) The responsible party engaged in dishonesty, incompetence, negligence, or fraud in performing the functions and duties of a certificate holder or registrant.
(3) The responsible party violated this division or any regulation adopted pursuant to this division.
(4) The responsible party is convicted of any crime of moral turpitude or fraud, any crime involving dishonesty, or any crime substantially related to the qualifications, functions, or duties of a certificate holder.
(c) The department may take disciplinary action pursuant to this section, section by taking any one of, or any combination of, the following:
(1) Immediate revocation of the certificate or registration, or revocation
of a certificate or registration as of a specific date in the future.
(2) Immediate suspension of the certificate or registration for a specified period of time, or suspension of the certificate or registration as of a specific date in the future. Notwithstanding subdivision (a), the department may impose a suspension of five days or less through an informal notice, if the action is subject to a stay on appeal, pending an informal hearing convened in accordance with Article 10 (commencing with Section 11445.10) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of the Government Code.
(3) Imposition on the certificate or registration of any condition that
the department determines would further the goals of this division.
(4) Issuance of a probationary certificate or registration with conditions determined by the department.
(5) Imposition of civil penalties pursuant to Section 14591.1.
(6) Suspension for a specified period of time or permanent revocation of eligibility of a supermarket site, rural region recycler, or a nonprofit convenience zone recycler to receive incentive payments at one or more of the certificate holder’s certified recycling centers.
(d) The department may do any of the following in taking disciplinary action pursuant to this section:
(1) If a certificate holder or registrant holds certificates or is registered to operate at more than one site or to operate in more than one capacity at one location, such as an entity certified as both a processor and a recycling center, the department may simultaneously revoke, suspend, or impose conditions upon some, or all, of the certificates held by the responsible party.
(2) If the responsible party is an officer, a
director, a partner, a manager, an employee, or the owner of a controlling ownership interest of another certificate holder or registrant, that other operator’s certificate or registration may also be revoked, suspended, or conditioned by the department in the same proceeding, if the other certificate holder or registrant is given notice of that proceeding, or in a subsequent proceeding.
14591.3.
In any civil or administrative action brought pursuant to this division in which the department prevails, the department may assess against the defendant or respondent any costs and fees, including attorney’s and expert’s fees, and the cost of the investigation and hearing, that are a result of bringing the civil or administrative action against the defendant or respondent. In the same action, the defendant or respondent may claim from the department any costs and fees incurred in defending or responding to any action brought by the department in which the defendant or respondent prevails, upon a finding that the department’s action was clearly frivolous or lacking in significant merit.14591.5.
After the time for judicial review under Section 11523 of the Government Code has expired, the department may apply to the small claims court or superior court, depending on the jurisdictional amount and any other remedy sought, in the county where the penalties or other remedy was imposed by the department, for a judgment to collect any unpaid civil penalties or to enforce any other remedy provided by this division. The application, which shall include a certified copy of the final agency order or decision, shall constitute a sufficient showing to warrant the issuance of the judgment. The court clerk shall enter the judgment immediately in conformity with the application. The judgment so entered shall have the same force and effect as, and shall be subject to all the provisions of law relating to, a judgment in a civil action, and may be enforced in the same manner as any other judgment of the court. The court shall make enforcement of the judgment a priority.14591.6.
(a) When a person is engaged in recycling activity that violates this division, any regulation adopted pursuant to this division, or an order issued under this division, the department may issue an order to that person to cease and desist from that activity.(b) If a request for a hearing is filed in writing within 10 days of the date of service of the order described in subdivision (a), a hearing shall be held in accordance with Article 10 (commencing with Section 11445.10) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of the Government Code. The director or the director’s designee shall determine
whether to sustain or reverse the cease and desist order. If sustained, the order shall become effective and final upon the issuance and service of the order.
(c) If no written request for a hearing is filed within 10 days of the date of service of the order described in subdivision (a), or if a party requesting the hearing does not appear at the hearing, the order shall be deemed the final order of the department and is not subject to review by any court or agency. This order shall become effective and final after the expiration of the 10-day period within which a hearing may be requested.
(d) If a hearing is requested pursuant to subdivision (b) and the party
requesting the hearing does not appear on the date scheduled, and fails to notify the department at least five days prior to the hearing date that the party will not appear, the department may recover from the party all costs and fees incurred by the department, including attorney’s and expert’s fees, and any other costs associated with preparing for, or conducting, the hearing.
(e) Upon the failure of any person or persons to comply with any cease and desist order issued by the department, the Attorney General, upon request of the department, shall petition the superior court for the issuance of a preliminary or permanent injunction, or both, as may be appropriate, restraining the person from continuing the activity in violation of the cease and desist order.
(f) The court shall issue an order directing defendants to appear before the court at a certain time and place and show cause why the injunction should not be issued. The court may grant the prohibitory or mandatory relief that may be warranted.
14594.5.
(a) Notwithstanding Section 14591.1, the department may assess upon any person, entity, or operation that redeems, attempts to redeem, or aids in the redemption of, empty beverage containers that have already been redeemed, or redeems, attempts to redeem, or aids in the redemption of, otherwise ineligible beverage containers, including, but not limited to, out-of-state containers or empty beverage container materials imported from out of state, a civil penalty of up to ten thousand dollars ($10,000) per transaction, or an amount equal to three times the damage or potential damage, whichever is greater, plus costs as provided in Section 14591.3, pursuant to notice and hearing in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.(b) For purposes of this section, the act of labeling a beverage container pursuant to subdivision (a) of Section 14561 shall not, in and of itself, be deemed to aid in the redemption of ineligible beverage containers.
CHAPTER 8.5. Reporting Requirements and Payment Prohibitions Related to Out-of-State and Other Ineligible Containers
14595.
The Legislature finds and declares that the redemption of beverage container material imported from out of state, previously redeemed containers, rejected containers, and line breakage presents a significant threat to the integrity of the beverage container recycling program. It is therefore the intent of the Legislature that no refund value or other recycling program payments be paid to any person for this material. It is further the intent of the Legislature that any person participating in conduct intended to defraud the state’s beverage container recycling program shall be held accountable for that conduct.14595.4.
For purposes of this chapter, “refund value” means, in addition to the definition in Section 14524, any payment by a certified recycler for beverage container material that is at least 15 percent more than the statewide average scrap value for that material type.14595.5.
(a) (1)(A) Beverage container material that the person knew, or should have known, was imported from out of state.
(B) A previously redeemed container, rejected container, line breakage, or other ineligible material.
(2) A person shall not, with intent to defraud, do any of the following:
(A) Redeem or attempt to redeem an out-of-state container, rejected container, line breakage, previously redeemed container, or other ineligible material.
(B) Return a previously redeemed container to the marketplace for redemption.
(C) Bring an
out-of-state container, rejected container, line breakage, or other ineligible material to the marketplace for redemption.
(D) Receive, store, transport, distribute, or otherwise facilitate or aid in the redemption of a previously redeemed container, out-of-state container, rejected container, line breakage, or other
ineligible material.
(b) For purposes of implementing subdivision (a), the beverage container stewardship organization shall take all reasonable steps to exclude beverage container material imported from out of state, previously redeemed containers, rejected containers, and line breakage when determining payments to curbside programs pursuant to a plan under Section 42984.13.
14596.
(a) Any person importing more than 25 pounds of empty aluminum, bimetal, or plastic beverage container material, or more than 250 pounds of empty glass beverage container material, into the state, shall report the material to the department and provide the department with all of the following:(1) Documentation on the source of the material.
(2) Documentation on the destination of the material.
(3) Any other information deemed necessary by the department as it relates to the importation of empty beverage container material.
(4) An opportunity for inspection, in accordance with the regulations adopted by the department.
(b) (1) (A) In addition to inspections required by the regulations adopted by the department pursuant to subdivision (a), a vehicle entering the state that contains more than 25 pounds of empty beverage container material shall pass through the nearest plant quarantine inspection station maintained pursuant to Section 5341 of the Food and Agricultural Code, and shall obtain proof of
inspection from the department.
(B) The department may enter into an interagency agreement with the Department of Food and Agriculture to implement the requirements of this subdivision.
(2) The operator of a vehicle that contains more than 25 pounds of empty beverage container material is in violation of this chapter if the operator does any of the following:
(A) Fails to stop the vehicle at a plant quarantine inspection station.
(B) Willfully avoids a plant quarantine inspection station.
(C) Fails to stop upon demand of a clearly identified plant quarantine inspection station officer, an officer of the Department of the California Highway Patrol, or an officer of a state or local law enforcement agency, when the officer orders the operator to stop for the purpose of determining whether this operator is in violation of this section.
(c) The department may impose civil penalties pursuant to Section 14591.1 or take disciplinary action pursuant to Section 14591.2 for a violation of this section.
(d) Subdivision (c) does not prohibit the imposition of a criminal penalty pursuant to subdivision (a) of Section 14591 for a violation of subdivision (b). A second or subsequent violation of subdivision (b) within three years of a prior conviction of a violation of subdivision (b) shall be punishable as a misdemeanor.
14597.
(a) A person shall not falsify documents required pursuant to this division or pursuant to regulations adopted by the department. The falsification of these documents is evidence of intent to defraud and, for purposes of subdivision (b) of Section 14591.1, constitutes intentional misconduct. The department may also take disciplinary action pursuant to Section 14591.2 against a person who engages in falsification including, but not limited to, revocation of any certificate or registration.(b) A person shall not submit, or cause to be submitted, a fraudulent claim pursuant to this division. For purposes of this subdivision,
a fraudulent claim is a claim based in whole or in part on false information or falsified documents. A person who submits a fraudulent claim is subject to the assessment of penalties pursuant to subdivision (b) of Section 14591.1. The department may take disciplinary action pursuant to Section 14591.2, including, but not limited to, revocation of any certificate or registration.
CHAPTER 9.5. Miscellaneous Provisions
14600.
(a) Operators of reverse vending machines or processors may apply to the California Pollution Control Financing Authority for financing pursuant to Section 44526 of the Health and Safety Code, as a means of obtaining capital for establishment of a convenience network. For purposes of Section 44508 of the Health and Safety Code, “project” includes the establishing of a recycling location pursuant to(b) Corporations, companies,
or individuals may apply for loan and grant funds from the Energy Technologies Research, Development, and Demonstration Account specified in Section 25226 by applying to the State Energy Resources Conservation and Development Commission for the purpose of demonstrating equipment for enhancing recycling opportunities.
CHAPTER 10. Operative Date
14601.
This division shall become operative on January 1, 2024.SEC. 34.
Chapter 9 (commencing with Section 14600) is added to Division 12.1 of the Public Resources Code, as added by Chapter 1290 of the Statutes of 1986, to read:CHAPTER 9. Repeal
14600.
(a) On or before January 1, 2023, the department, in consultation with the beverage container stewardship organization established pursuant to Section 42984.12 and other interested stakeholders, shall adopt regulations for the orderly transition from the requirements relating to the collection and recycling of beverage containers imposed under this division to those requirements under the Beverage Container Recycling Program pursuant to Division 12.1 (commencing with Section 14500), as added by the act that enacted this chapter, and to the requirements imposed by the Beverage Container Stewardship Program (Chapter 20.5 (commencing with Section 42984) of Part 3 of Division 30).(b) Commencing January 1, 2023, the department shall begin its transition from the collection and recycling of beverage containers under this division to the collection and recycling of beverage containers pursuant to Division 12.1 (commencing with Section 14500), as added by the act that enacted this chapter, and to the requirements imposed by the Beverage Container Stewardship Program (Chapter 20.5 (commencing with Section 42984) of Part 3 of Division 30), with full implementation of that chapter no later than January 1, 2024.
(c) If, on or before July 1, 2022, the department finds that it is unable to develop regulations to make an orderly transition of the collection and recycling of beverage containers in accordance with this section, the department shall report that finding to the appropriate policy committees of the
Legislature.
14601.
This division shall remain in effect only until January 1, 2024, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2024, deletes or extends that date.SEC. 35.
Section 17000 of the Public Resources Code is amended to read:17000.
(a) For purposes of this division, the following definitions shall apply:(1) “Certified community conservation corps” means a community conservation corps that was in existence on September 30, 1999, or that is formed subsequent to that date, and that is designated by a city or a city and county to perform litter abatement, recycling, and related activities, if the city or the city and county has a population, as determined by the most recent census, of more than 250,000 persons.
(2) “Community conservation corps” means a community conservation corps, as defined in Section 14507.5, that is designated by a county to
perform litter abatement, recycling, and related activities, and that is certified by the California Conservation Corps as having operated for a minimum of two years and as meeting all other criteria of Section 14507.5.
(3) “Department” means the Department of Resources Recycling and Recovery.
(b) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 36.
Section 17000 is added to the Public Resources Code, to read:17000.
(a) For purposes of this division, the following definitions shall apply:(1) “Certified community conservation corps” means a community conservation corps that was in existence on September 30, 1999, or that is formed subsequent to that date, and that is designated by a city or a city and county to perform litter abatement, recycling, and related activities, if the city or the city and county has a population, as determined by the most recent census, of more than 250,000 persons.
(2) “Community conservation corps” means a community conservation corps, as defined in Section 14100.5, that is designated
by a county to perform litter abatement, recycling, and related activities, and that is certified by the California Conservation Corps as having operated for a minimum of two years and as meeting all other criteria of Section 14100.5.
(3) “Department” means the Department of Resources Recycling and Recovery.
(b) This section shall become operative on January 1, 2024.
SEC. 37.
Section 17001 of the Public Resources Code is amended to read:17001.
(a) For purposes of the 2014–15 fiscal year only, subject to Section 17002, the department shall expend funds from the following sources, for issuing grants to certified community conservation corps and community conservation corps, in accordance with, and for the purposes specified in, this subdivision:(1) The department shall expend the amount made available for expenditure during the 2014–15 fiscal year pursuant to Section 14581.1 in the form of grants for implementing beverage container litter reduction programs and beverage container recycling programs, including education and outreach, pursuant to Division 12.1 (commencing with Section 14500).
(2) The department shall expend four million dollars ($4,000,000) from the funds in the Electronic Waste Recovery and Recycling Account, upon appropriation by the Legislature, for grants to implement programs relating to the collection and recovery of covered electronic waste, including education and outreach, in accordance with Chapter 8.5 (commencing with Section 42460) of Part 3 of Division 30.
(3) The department shall expend two million five hundred thousand dollars ($2,500,000) from the funds in the California Tire Recycling Management Fund, upon appropriation by the Legislature, for grants relating to implementing programs to clean up and abate waste tires and to reuse and recycle waste tires, including, but not limited to, the tire recycling program authorized by
Section 42872, and including education and outreach, in
accordance with Chapter 17 (commencing with Section 42860) of Part 3 of Division 30.
(4) The department shall expend one million dollars ($1,000,000) from the funds in the California Used Oil Recycling Fund, upon appropriation by the Legislature, for grants to implement programs relating to the collection of used oil, including education and outreach, in accordance with Chapter 4 (commencing with Section 48600) of Part 7 of Division 30.
(b) On and after July 1, 2015, subject to Section 17002, the department shall expend funds from the following sources, for issuing grants to certified community conservation corps and community conservation corps, in accordance with, and for the purposes specified in, this subdivision:
(1) The department shall expend in each fiscal year the amount made available pursuant to Section 14581.1 for grants to implement beverage container litter reduction programs and beverage container recycling programs, including education and outreach, pursuant to Division 12.1 (commencing with Section 14500).
(2) The department shall expend eight million dollars ($8,000,000) each fiscal year from the funds in the Electronic Waste Recovery and Recycling Account, upon appropriation by the Legislature, for grants to implement programs relating to the collection and recovery of covered electronic waste, including education and outreach, in accordance with Chapter 8.5 (commencing with Section 42460) of Part 3 of Division 30.
(3) The department shall expend five million dollars ($5,000,000)
each fiscal year from the funds in the California Tire Recycling Management Fund, upon appropriation by the Legislature, for grants to implement programs relating to clean up and abate waste tires and to reuse and recycle waste tires, including, but not limited to, the tire recycling program authorized by Section 42872, and including education and outreach, in accordance with Chapter 17 (commencing with Section 42860) of Part 3 of Division 30.
(4) The department shall expend two million dollars ($2,000,000) each fiscal year from the funds in the California Used Oil Recycling Fund, upon appropriation by the Legislature, for grants to implement programs relating to the collection of used oil, including education and outreach, in accordance with Chapter 4 (commencing with Section 48600) of Part 7 of Division 30.
(c) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 38.
Section 17001 is added to the Public Resources Code, to read:17001.
(a) The department shall expend funds from the following sources, for issuing grants to certified community conservation corps and community conservation corps, in accordance with, and for the purposes specified in, this subdivision:(1) The department shall expend eight million dollars ($8,000,000) each fiscal year from the funds in the Electronic Waste Recovery and Recycling Account, upon appropriation by the Legislature, for grants to implement programs relating to the collection and recovery of covered electronic waste, including education and outreach, in accordance with Chapter 8.5 (commencing with Section 42460) of Part 3 of Division 30.
(2) The department shall expend five million dollars ($5,000,000) each fiscal year from the funds in the California Tire Recycling Management Fund, upon appropriation by the Legislature, for grants to implement programs relating to clean up and abate waste tires and to reuse and recycle waste tires, including, but not limited to, the tire recycling program authorized by Section 42872, and including education and outreach, in accordance with Chapter 17 (commencing with Section 42860) of Part 3 of Division 30.
(3) The department shall expend two million dollars ($2,000,000) each fiscal year from the funds in the California Used Oil Recycling Fund, upon appropriation by the Legislature, for grants to implement programs relating to the collection of used oil, including
education and outreach, in accordance with Chapter 4 (commencing with Section 48600) of Part 7 of Division 30.
(b) This section shall become operative on January 1, 2024.
SEC. 39.
Section 17002 of the Public Resources Code is amended to read:17002.
(a) The amount the department may expend for a fiscal year pursuant to Section 17001 shall not exceed the amount determined for that fiscal year pursuant to subdivision (c) of Section 14581.1.(b) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 40.
Section 17003 of the Public Resources Code, as amended by Section 2 of Chapter 571 of the Statutes of 2019, is amended to read:17003.
(a) Notwithstanding the prohibition on hiring or retaining an employee with a controlled substance offense, as defined in Section 44011 of the Education Code, contained in Part 25 (commencing with Section 44000) of Division 3 of Title 2 of the Education Code, a school district or county office of education that operates a community conservation corps certified pursuant to Section 14507.5 may select an applicant for enrollment in the community conservation corps program who is on probation, parole, postrelease community supervision, or mandatory supervision.(b) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 41.
Section 17003 is added to the Public Resources Code, to read:17003.
(a) Notwithstanding the prohibition on hiring or retaining an employee with a controlled substance offense, as defined in Section 44011 of the Education Code, contained in Part 25 (commencing with Section 44000) of Division 3 of Title 2 of the Education Code, a school district or county office of education that operates a community conservation corps certified pursuant to Section 14100.5 may select an applicant for enrollment in the community conservation corps program who is on probation, parole, postrelease community supervision, or mandatory supervision.(b) This section shall become operative on January 1, 2024.
SEC. 42.
Section 19535 of the Public Resources Code is amended to read:19535.
(a) Any person who violates Chapter 2 (commencing with Section 19510) or this section is guilty of an infraction punishable by a fine of not more than one thousand dollars ($1,000).(b) In addition to subdivision (a), any person who violates this division may be assessed a civil penalty by the department of not more than one thousand dollars ($1,000) for each violation, pursuant to a notice and a hearing conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. Any civil penalties and fines received pursuant to this section shall be deposited in the Fiberglass Recycled Content
Account, which is hereby established in the California Beverage Container Recycling Fund, and the funds in that account may be expended by the department for the administration of this division upon appropriation by the Legislature.
(c) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 43.
Section 19535 is added to the Public Resources Code, to read:19535.
(a) Any person who violates Chapter 2 (commencing with Section 19510) or this section is guilty of an infraction punishable by a fine of not more than one thousand dollars ($1,000).(b) In addition to subdivision (a), any person who violates this division may be assessed a civil penalty by the department of not more than one thousand dollars ($1,000) for each violation, pursuant to a notice and a hearing conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. Any civil penalties and fines received pursuant to this section shall be deposited in the Fiberglass Recycled Content Account, which
is hereby established in the Beverage Container Recycling Program Fund as successor
to the account of the same name in the former California Beverage Container Recycling Fund, and the funds in that account may be expended by the department for the administration of this division upon appropriation by the Legislature.
(c) This section shall become operative on January 1, 2024.
SEC. 44.
Section 31178 of the Public Resources Code is amended to read:31178.
(a) To the extent feasible, in carrying out the purposes of this chapter, the conservancy shall utilize the services of the California Conservation Corps and community conservation corps, as defined in Section 14507.5.(b) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 45.
Section 31178 is added to the Public Resources Code, to read:31178.
(a) To the extent feasible, in carrying out the purposes of this chapter, the conservancy shall use the services of the California Conservation Corps and community conservation corps, as defined in Section 14100.5.(b) This section shall become operative on January 1, 2024.
SEC. 46.
Section 40003 of the Public Resources Code is amended to read:40003.
(a) Nothing in this division abrogates, limits, or otherwise affects the duties of the Department of Resources Recycling and Recovery under the California Beverage Container Recycling and Litter Reduction(b) This section shall remain in
effect only until January 1, 2024, and as of that date is repealed.
SEC. 47.
Section 40003 is added to the Public Resources Code, to read:40003.
(a) Nothing in this division abrogates, limits, or otherwise affects the duties of the Department of Resources Recycling and Recovery under the Beverage Container Recycling Program (Division 12.1 (commencing with Section 14500)).(b) This section shall become operative on January 1, 2024.
SEC. 48.
Section 40511 of the Public Resources Code is repealed.SEC. 49.
Section 42476 of the Public Resources Code is amended to read:42476.
(a) The Electronic Waste Recovery and Recycling Account is hereby established in the Integrated Waste Management Fund. All fees collected pursuant to this chapter shall be deposited in the account. Notwithstanding Section 13340 of the Government Code, the funds in the account are hereby continuously appropriated, without regard to fiscal year, for the following purposes:(1) To pay refunds of the covered electronic waste recycling fee imposed under Section 42464.
(2) To make electronic waste recovery payments to an authorized collector of covered electronic waste pursuant to Section 42479.
(3) To make electronic waste recycling payments to covered electronic waste recyclers pursuant to Section 42479.
(4) To make payments to manufacturers pursuant to subdivision (h).
(b) (1) The money in the account may be expended for the following purposes only upon appropriation by the Legislature in the annual Budget Act:
(A) For the administration of this chapter by the Department of Resources Recycling and Recovery and the department.
(B) To reimburse the California Department of Tax and Fee Administration for its administrative costs of registering, collecting, making
refunds, and auditing retailers and consumers in connection with the covered electronic waste recycling fee imposed under Section 42464.
(C) To provide funding to the department to implement and enforce Chapter 6.5 (commencing with Section 25100) of Division 20 of the Health and Safety Code, as that chapter relates to covered electronic devices, and any regulations adopted by the department pursuant to that chapter.
(D) To establish the public information program specified in subdivision (d).
(E) For expenditure pursuant to paragraph (2) of subdivision (a) of, and paragraph (2) of subdivision (b) of, Section 17001.
(2) Any fines or penalties collected
pursuant to this chapter shall be deposited in the Electronic Waste Penalty Subaccount, which is hereby established in the account. The funds in the Electronic Waste Penalty Subaccount may be expended by the Department of Resources Recycling and Recovery or the department only upon appropriation by the Legislature.
(c) Notwithstanding Section 16475 of the Government Code, any interest earned upon funds in the Electronic Waste Recovery and Recycling Account shall be deposited in that account for expenditure pursuant to this chapter.
(d) Not more than 1 percent of the funds annually deposited in the Electronic Waste Recovery and Recycling Account shall be expended for the purposes of establishing the public information program to educate the public in the hazards of improper covered
electronic device storage and disposal and on the opportunities to recycle covered electronic devices.
(e) The Department of Resources Recycling and Recovery shall adopt regulations specifying cancellation methods for the recovery, processing, or recycling of covered electronic waste.
(f) The Department of Resources Recycling and Recovery may pay an electronic waste recycling payment or electronic waste recovery payment only for covered electronic waste that meets all of the following conditions:
(1) (A) The covered electronic waste is demonstrated to have been generated by a person who used the covered electronic device while located in this state.
(B) Covered electronic waste generated outside of the state and subsequently brought into the state is not eligible for payment.
(C) The Department of Resources Recycling and Recovery shall
establish documentation requirements for purposes of this paragraph that are necessary to demonstrate that the covered electronic waste was generated in the state and eligible for payment.
(2) The covered electronic waste, including any residuals from the processing of the waste, is handled in compliance with all applicable statutes and regulations.
(3) The manufacturer or the authorized collector or recycler of the electronic waste provides a cost-free and convenient opportunity to recycle electronic waste, in accordance with the legislative intent specified in subdivision (b) of Section 42461.
(4) If the covered electronic waste is processed, the covered electronic waste is processed in this state according to
the cancellation method authorized by the Department of Resources Recycling and Recovery.
(g) The Legislature hereby declares that the state is a market participant in the business of the recycling of covered electronic waste for all of the following reasons:
(1) The fee is collected from the state’s consumers for covered electronic devices sold for use in the state.
(2) The purpose of the fee and subsequent payments is to prevent damage to the public health and the environment from waste generated in the state.
(3) The recycling system funded by the fee ensures that economically viable and sustainable markets are developed and supported for recovered
materials and components in order to conserve resources and maximize business and employment opportunities within the state.
(h) (1) The Department of Resources Recycling and Recovery may make a payment to a manufacturer that takes back a covered electronic device from a consumer in this state for purposes of recycling the device at a processing facility. The amount of the payment made by the Department of Resources Recycling and Recovery shall equal the value of the covered electronic waste recycling fee paid for that device. To qualify for a payment pursuant to this subdivision, the manufacturer shall demonstrate both of the following to the Department of Resources Recycling and Recovery:
(A) The covered electronic device for which payment is claimed was
used in this state.
(B) The covered electronic waste for which a payment is claimed, including any residuals from the processing of the waste, has been, and will be, handled in compliance with all applicable statutes and regulations.
(2) A covered electronic device for which a payment is made under this subdivision is not eligible for an electronic waste recovery payment or an electronic waste recycling payment under Section 42479.
(i) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 50.
Section 42476 is added to the Public Resources Code, to read:42476.
(a) The Electronic Waste Recovery and Recycling Account is hereby established in the Integrated Waste Management Fund. All fees collected pursuant to this chapter shall be deposited in the account. Notwithstanding Section 13340 of the Government Code, the funds in the account are hereby continuously appropriated, without regard to fiscal year, for the following purposes:(1) To pay refunds of the covered electronic waste recycling fee imposed under Section 42464.
(2) To make electronic waste recovery payments to an authorized collector of covered electronic waste pursuant to Section 42479.
(3) To make electronic waste recycling payments to covered electronic waste recyclers pursuant to Section 42479.
(4) To make payments to manufacturers pursuant to subdivision (h).
(b) (1) The money in the account may be expended for the following purposes only upon appropriation by the Legislature in the annual Budget Act:
(A) For the administration of this chapter by the Department of Resources Recycling and Recovery and the department.
(B) To reimburse the California Department of Tax and Fee Administration for its administrative costs of registering, collecting, making
refunds, and auditing retailers and consumers in connection with the covered electronic waste recycling fee imposed under Section 42464.
(C) To provide funding to the department to implement and enforce Chapter 6.5 (commencing with Section 25100) of Division 20 of the Health and Safety Code, as that chapter relates to covered electronic devices, and any regulations adopted by the department pursuant to that chapter.
(D) To establish the public information program specified in subdivision (d).
(E) For expenditure pursuant to paragraph (1) of subdivision (a) of Section 17001.
(2) Any fines or penalties collected pursuant to this chapter shall be
deposited in the Electronic Waste Penalty Subaccount, which is hereby established in the account. The funds in the Electronic Waste Penalty Subaccount may be expended by the Department of Resources Recycling and Recovery or the department only upon appropriation by the Legislature.
(c) Notwithstanding Section 16475 of the Government Code, any interest earned upon funds in the Electronic Waste Recovery and Recycling Account shall be deposited in that account for expenditure pursuant to this chapter.
(d) Not more than 1 percent of the funds annually deposited in the Electronic Waste Recovery and Recycling Account shall be expended for the purposes of establishing the public information program to educate the public in the hazards of improper covered electronic device storage and
disposal and on the opportunities to recycle covered electronic devices.
(e) The Department of Resources Recycling and Recovery shall adopt regulations specifying cancellation methods for the recovery, processing, or recycling of covered electronic waste.
(f) The Department of Resources Recycling and Recovery may pay an electronic waste recycling payment or electronic waste recovery payment only for covered electronic waste that meets all of the following conditions:
(1) (A) The covered electronic waste is demonstrated to have been generated by a person who used the covered electronic device while located in this state.
(B) Covered
electronic waste generated outside of the state and subsequently brought into the state is not eligible for payment.
(C) The Department of Resources Recycling and Recovery shall establish documentation requirements for purposes of this paragraph that are necessary to demonstrate that the covered electronic waste was generated in the state and eligible for payment.
(2) The covered electronic waste, including any residuals from the processing of the waste, is handled in compliance with all applicable statutes and regulations.
(3) The manufacturer or the authorized collector or recycler of the electronic waste provides a cost-free and convenient opportunity to recycle electronic waste, in accordance with the legislative
intent specified in subdivision (b) of Section 42461.
(4) If the covered electronic waste is processed, the covered electronic waste is processed in this state according to the cancellation method authorized by the Department of Resources Recycling and Recovery.
(g) The Legislature hereby declares that the state is a market participant in the business of the recycling of covered electronic waste for all of the following reasons:
(1) The fee is collected from the state’s consumers for covered electronic devices sold for use in the state.
(2) The purpose of the fee and subsequent payments is to prevent damage to the public health and the environment from waste generated
in the state.
(3) The recycling system funded by the fee ensures that economically viable and sustainable markets are developed and supported for recovered materials and components in order to conserve resources and maximize business and employment opportunities within the state.
(h) (1) The Department of Resources Recycling and Recovery may make a payment to a manufacturer that takes back a covered electronic device from a consumer in this state for purposes of
recycling the device at a processing facility. The amount of the payment made by the Department of Resources Recycling and Recovery shall equal the value of the covered electronic waste recycling fee paid for that device. To qualify for a payment pursuant to this subdivision, the manufacturer shall demonstrate both of the following to the Department of Resources Recycling and Recovery:
(A) The covered electronic device for which payment is claimed was used in this state.
(B) The covered electronic waste for which a payment is claimed, including any residuals from the processing of the waste, has been, and will be, handled in compliance with all applicable statutes and regulations.
(2) A covered
electronic device for which a payment is made under this subdivision is not eligible for an electronic waste recovery payment or an electronic waste recycling payment under Section 42479.
(i) This section shall become operative on January 1, 2024.
SEC. 51.
Section 42889 of the Public Resources Code, as amended by Section 153 of Chapter 35 of the Statutes of 2014, is amended to read:42889.
Funding for the waste tire program shall be appropriated to the department in the annual Budget Act. The moneys in the fund shall be expended for the payment of refunds under this chapter and for the following purposes:(a) To pay the administrative overhead cost of this chapter, not to exceed 5 percent of the total revenue deposited in the fund annually, or an amount otherwise specified in the annual Budget Act.
(b) To pay the costs of administration associated with collection, making refunds, and auditing revenues in the fund, not to exceed 3 percent of the total revenue deposited in the fund, as provided in subdivision (b) of Section
42885.
(c) To pay the costs associated with operating the tire recycling program specified in Article 3 (commencing with Section 42870).
(d) To pay the costs associated with the development and enforcement of regulations relating to the storage of waste tires and used tires. The department shall consider designating a city, county, or city and county as the enforcement authority of regulations relating to the storage of waste tires and used tires, as provided in subdivision (c) of Section 42850, and regulations relating to the hauling of waste and used tires, as provided in subdivision (b) of Section 42963. If the department designates a local entity for that purpose, the department shall provide sufficient, stable, and noncompetitive funding to that entity for that purpose, based
on available resources, as provided in the five-year plan adopted and updated as provided in subdivision (a) of Section 42885.5. The department may consider and create, as appropriate,
financial incentives for citizens who report the illegal hauling or disposal of waste tires as a means of enhancing local and statewide waste tire and used tire enforcement programs.
(e) To pay the costs of cleanup, abatement, removal, or other remedial action related to waste tire stockpiles throughout the state, including all approved costs incurred by other public agencies involved in these activities by contract with the department. Not less than six million five hundred thousand dollars ($6,500,000) shall be expended by the department during each of the following fiscal years for this purpose: 2001–02 to 2006–07, inclusive.
(f) To fund border region activities specified in paragraph (8) of subdivision (b) of Section 42885.5.
(g) For expenditure pursuant to paragraph (2) of subdivision (a) of Section 17001.
(h) This section shall become operative on January 1, 2024.
SEC. 52.
Chapter 20.5 (commencing with Section 42984) is added to Part 3 of Division 30 of the Public Resources Code, to read:CHAPTER 20.5. Beverage Container Stewardship Program
Article 1. General Provisions and Definitions
42984.
This chapter shall be known, and may be cited, as the Beverage Container Stewardship Program.42984.02.
Unless otherwise specified in this article, the definitions of Division 12.1 (commencing with Section 14500), as added by the act that enacted this chapter, shall apply.42984.06.
For purposes of this chapter, the following definitions shall apply:(a) “Beverage container stewardship organization” or “organization” means an organization exempt from taxation under Section 501(c)(3) or Section 501(c)(6) of the federal Internal Revenue Code of 1986, which is established pursuant to Section 42984.12, composed of distributors, to develop, implement, and administer the beverage container stewardship program established pursuant to this chapter.
(b) “Beverage container stewardship plan” or
“plan” means the plan for recycling empty beverage containers that is developed by the beverage container stewardship organization pursuant to this chapter.
(c) “Good faith effort” means all reasonable and economically practical efforts by a beverage container stewardship organization to implement the components identified in its approved plan consistent with its annual budget.
(d) “Program” or “beverage container stewardship program” means the program implemented by the beverage container stewardship organization pursuant to a plan approved by the department.
(e) “Stewardship fee” or “beverage container stewardship fee” means the amount imposed on distributors and collected by the organization to supplement unredeemed deposits to fund the implementation of the beverage container stewardship program.
Article 2. Beverage Container Stewardship Organization and Beverage Container Stewardship Plan
42984.10.
(a) On or before April 1, 2021, the department shall appoint an advisory committee for purposes of Sections 42984.12, 42984.13, 42984.20, and 42984.41.(b) The advisory committee shall comprise members of the environmental community, manufacturers, distributors, dealers, certified processors, certified recycling centers, end users or purchasers of the beverage container material, local government, public and private representatives involved in the collection, processing, and recycling of empty beverage containers, representatives of the department, and other interested parties.
(c) The beverage
container stewardship organization established pursuant to Section 42984.12 shall consult the advisory committee at least once during the development and implementation of the plan required pursuant to Section 42984.13, and annually prior to the submission of both an annual report required pursuant to Section 42984.41 and an annual budget required pursuant to Section 42984.20.
42984.11.
On or before July 1, 2021, each distributor in the state shall register with the department. The department shall charge a distributor a reasonable fee to cover the cost of registering that distributor.42984.12.
(a) (1) On or before October 1, 2021, distributors registered with the department pursuant to Section 42984.11 shall, in consultation with the advisory committee, form a beverage container stewardship organization for purposes of this chapter and be certified pursuant to this section to develop, implement, and administer the beverage container stewardship program established pursuant to this chapter.(2) Within 60 days of receipt of a request for certification, the department shall notify the distributors of the department’s decision whether or not to certify that a beverage
container stewardship organization has been established by the distributors and is composed of distributors for purposes of establishing the beverage container stewardship plan.
(b) After certification of the beverage container stewardship organization, each distributor shall register with the beverage container stewardship organization.
(c) On and after October 1, 2021, a dealer shall not sell, distribute, or offer for sale a beverage in a beverage container in the state unless the dealer is in compliance with this chapter and the distributor of the beverage in the beverage container sold by the dealer is in compliance with this chapter, as indicated in the list
posted pursuant to Section 42984.50.
(d) On and after October 1, 2021, a distributor shall not sell, offer for sale, or import a beverage in a beverage container in this state, or sell or distribute a beverage in a beverage container to a dealer, unless the distributor is in compliance with this chapter.
42984.13.
On or before April 1, 2022, the beverage container stewardship organization shall develop and submit to the department a plan for the redemption and recycling of empty beverage containers in the state in an environmentally beneficial, economically efficient, and practical manner, which shall be known as the beverage container stewardship plan and which shall include all of the following goals and elements:(a) Program objectives consistent with the state’s policy of increasing the amount of beverage containers diverted from landfills for recycling.
(b) The
names of distributors covered under the plan.
(c) A process to seek input from affected stakeholders, including members of the environmental community, manufacturers, distributors, dealers, certified processors, certified recycling centers, end users or purchasers of the beverage container material, local government representatives, public and private representatives involved in the collection, processing, and recycling of empty beverage containers, and other interested parties.
(d) Methods to increase the number of empty beverage containers diverted from landfills, reduce the amount of litter produced by empty beverage containers, and increase the quantity and quality of empty beverage containers recovered through this process
and recycled or remanufactured for other uses.
(e) (1) The establishment and administration of an equitable means for funding the plan. This shall include the expenditure of unredeemed refund values retained by the organization pursuant to Section 14586 supplemented by the stewardship fee.
(2) The funding mechanism shall provide sufficient funding for the beverage container stewardship organization to carry out the plan.
(f) The publishing of an annual report for each calendar year of operation.
(g) Conducting research, as needed, related to improving empty beverage container collection and recycling operations, including pilot programs to test new processes, methods, or equipment on a local, regional, or otherwise limited basis.
(h) A program performance measurement that shall collect program data for the purpose of the annual report. The information shall include a methodology for estimating the amount of beverages in beverage containers sold in the state and empty beverage containers available for collection in the state, and for quantifying the number of empty beverage containers collected and recycled in the state.
(i) A description of methods used to coordinate activities with existing empty beverage container redemption and recycling programs and with other relevant parties as appropriate, with regard to the proper management or recycling of beverage containers.
(j) Entering into contracts or agreements, which may include contracts and agreements with existing nonprofit or for-profit recyclers, that are necessary and proper for the beverage container stewardship organization to carry out these duties consistent with the terms of this chapter.
(k) A report from the advisory committee, established pursuant to
subdivision (a) of Section 42984.10, that includes a summary of the consultative process between the advisory committee and the beverage container stewardship organization during the development of the plan, as well as any other information deemed pertinent by the advisory committee to maximizing the recovery and recycling of empty beverage containers in the state.
(l) Proposed methods to encourage manufacturers to purchase empty beverage containers from the California recycling market.
(m) The following methods and components for the redemption and recycling of empty beverage containers pursuant to Division 12.1 (commencing with Section 14500), as added by the act that enacted this chapter:
(1) Invoicing or otherwise accounting for refund values received by members of the organization, including procedures for the members to forward moneys received as refund values from dealers to the beverage container stewardship organization.
(2) Operation requirements for certified recycling centers, including minimum hours of operation, that provide a consumer or dropoff or collection program with convenient redemption
opportunities and meet the needs of the community in which a certified recycling center is located. This shall include procedures for a consumer to redeem a credit slip issued by a reverse vending machine.
(3) (A) Designation of convenience zones that provide consumers and dropoff or collection programs with convenient redemption opportunities of beverage containers.
(B) Convenience zones shall be annually designated on a statewide basis as a part of the plan’s annual update pursuant to Section 42984.15, and shall include convenience zones in underserved areas. The organization shall include a copy of the map of convenience zones in the plan and its update and on its internet website.
(4) Procedures for a consumer to redeem empty beverage containers if a certified recycling center is not established in a convenience zone.
(5) An incentive payment to be paid by the organization to a certified recycling center for every empty beverage container collected by the recycling center, and procedures for payment of that fee. When determining the incentive payment, the organization shall consider all of the following:
(A) Customer convenience and accessibility.
(B) Cost of operation of the certified recycling center, including rent and transportation of materials to processors.
(C) A tiered payment structure to address economies of scale due
to volume of empty beverage containers collected at a certified recycling center and the average cost of recycling per empty beverage container.
(6) Procedures and funding for the recycling of empty beverage containers pursuant to a residential curbside collection program. In developing the procedures and funding, the organization shall consider ways to improve the quality and quantity of the recyclable materials.
(7) Procedures for processors to pay a recycling center or dropoff or collection program for all types of empty beverage containers, by type of beverage container, received by the processor from the recycling center or dropoff or collection program.
(8) A payment to be paid by the organization to processors. When determining the payment, the organization shall consider both of the following:
(A) A tiered payment structure based on the volume and quality of recyclable materials in the empty beverage containers.
(B) A payment amount to help ensure that the recycler is not operating at a loss attributable to the difference between scrap value and recycling costs of empty beverage containers.
(9) Recommendations for operations and other processes of participants in the recycling of beverage containers to improve the collection, processing, and recycling of empty beverage containers in an environmentally beneficial, economically efficient, and practical
manner.
(n) Other information requested by the department that is reasonably related to compliance with the plan and that the organization can reasonably compile.
42984.15.
(a) The department shall review the plan for compliance with this chapter and shall approve, disapprove, or conditionally approve the plan within 90 days of receipt of the plan. If the department fails to act within 90 days of the receipt of the plan, the plan shall be deemed approved.(b) If the department disapproves the plan pursuant to subdivision (a), the department shall explain, in writing, how the plan does not comply with this chapter, and the beverage container stewardship organization shall resubmit a plan to the department. If the department finds that the plan resubmitted by the organization
does not comply with the requirements of this chapter, the beverage container stewardship organization shall not be deemed in compliance with this chapter until the organization submits a plan that the department finds complies with the requirements of this chapter.
(c) The beverage container stewardship organization shall update the plan on or before April 1 of each year and shall submit all proposed modifications or revisions to the plan to the department. The department shall review the updated plan for compliance with this chapter and shall approve, disapprove, or conditionally approve the updated plan in accordance with subdivisions (a) and (b).
(d) The approved plan shall be a public record, except that financial,
production, or sales data reported to the department by the beverage container stewardship organization is not public record for purposes of the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) and shall not be open to public inspection. The department may release financial, production, or sales data in summary form only so the information cannot be attributable to a specific distributor or to any other entity.
42984.16.
Within 90 days after approval or conditional approval by the department of the plan, the beverage container stewardship organization shall implement the approved plan, with full implementation of the elements described in subdivision (m) of Section 42984.13 on and after January 1, 2024.42984.17.
(a) On or before January 1, 2026, the department shall establish state beverage container recycling goals. The department shall take into consideration relevant economic and practical considerations and other information. Every four years the department shall review, including reviewing for consistency with Section 41780.01, and update as necessary, the goals to ensure that the program advances the statewide recycling goal.(b) Beginning July 1, 2027, and annually thereafter, the annual report required pursuant to Section 42984.41 shall demonstrate the beverage container stewardship organization’s good faith effort
to comply with the state beverage container recycling goals
established pursuant to this section.
Article 3. Budget
42984.20.
On or before July 1, 2022, and on or before July 1 annually thereafter, the beverage container stewardship organization shall prepare and submit to the department a proposed beverage container stewardship program budget for the following calendar year that includes all of the following:(a) Anticipated revenues and costs of implementing the program, including related programs, projects, contracts, and administrative expenses.
(b) A recommended funding level sufficient to cover the plan’s budgeted costs and to
operate the beverage container stewardship program over a multiyear period in a prudent and responsible manner.
(c) The amount of the beverage container stewardship fee established pursuant to Section 42984.30 and an itemization of the costs that fee covers.
(d) An amount that would give the beverage container stewardship organization a prudent reserve.
42984.21.
(a) On or before October 1, 2022, and on or before October 1 annually thereafter, the department shall approve or disapprove a final beverage container stewardship program budget. If the department fails to act or does not disapprove a final beverage container stewardship program budget, the budget shall be deemed approved.(b) (1) If the department disapproves the budget, the beverage container stewardship organization shall submit a revised budget addressing the department’s written reasons for its decision within 30 days of the disapproval.
(2) The department, within 30 days from the date the beverage container stewardship organization submits a revised budget, shall approve or disapprove a beverage container stewardship program budget. If the department fails to act or does not disapprove a final program budget within those 30 days, the budget shall be deemed approved.
42984.22.
(a) The department shall notify the beverage container stewardship organization of the department’s costs that are directly related to implementing and enforcing this chapter relating to the beverage container stewardship organization’s activities. This may include the direct costs associated with the development of regulations and regulatory structures prior to submission of the plan required pursuant to Section 42984.13.(b) On or before July 1, 2023, and once every three months thereafter, and within the fiscal year ending June 30, the beverage container stewardship organization shall reimburse the
department for costs the department incurs pursuant to subdivision (a). The
reimbursement shall not exceed the department’s direct costs to implement and enforce this chapter.
(c) The department shall deposit all moneys submitted for the reimbursement of costs by the beverage container stewardship organization pursuant to this section into the Beverage Container Stewardship Fund, which is hereby established in the State Treasury. Upon appropriation by the Legislature, moneys in the fund shall be expended by the department to administer and enforce this chapter, as well as reimburse any outstanding loans made from other funds used to finance startup costs of the department’s activities pursuant to this chapter. The funds collected pursuant to this section shall not be expended for any other purpose.
Article 4. Beverage Container Stewardship Fee
42984.30.
(a) The beverage container stewardship organization shall establish a stewardship fee to be paid by the distributor members of the organization. The organization shall determine rules and procedures that are necessary and proper to implement the collection of the charge in a fair, efficient, and lawful manner.(b) The beverage container stewardship organization shall deposit the stewardship fee in accounts maintained by the organization. Moneys in the accounts shall be disbursed by the organization to fund the program.
(c) The beverage
container stewardship organization may enter into a joint venture, agreements, or contracts with third parties, including, but not limited to, corporations, partnerships, nonprofit entities, and governmental agencies, to undertake activities on the beverage container stewardship organization’s behalf that are consistent with this chapter.
Article 5. Records, Audits, and Annual Reports
42984.40.
(a) The beverage container stewardship organization shall keep minutes, books, and records that clearly reflect the activities and transactions of the beverage container stewardship organization.(b) The accounting books of the beverage container stewardship organization shall be audited at the organization’s expense by an independent certified public accountant retained by the organization at least once each calendar year.
(c) The beverage container stewardship organization shall arrange
for the audit to be delivered to the department, along with
the annual report required pursuant to Section 42984.41. The department shall review the audit for compliance with this chapter and consistency with the plan created pursuant to this chapter. The department shall notify the beverage container stewardship organization of any compliance issues or inconsistencies. The department shall not disclose any confidential proprietary information in the audit.
(d) The department may conduct its own audit if it determines that an audit is necessary to enforce the requirements of this chapter and that the audit conducted pursuant to subdivision (b) is not adequate for this purpose. The beverage container stewardship organization may obtain copies of the audit upon request. The department shall not disclose any confidential proprietary
information in the audit.
42984.41.
On or before March 1, 2024, and each year thereafter, the beverage container stewardship organization shall submit to the department and make publicly available on its internet website a report that includes, for the preceding calendar year, all of the following:(a) The beverage container stewardship organization’s costs and revenues.
(b) The quantity of beverage containers disposed of in solid waste landfills.
(c) The quantity of beverage containers collected for recycling under the plan.
(d) The quantity of beverage containers collected for recycling of each type of material.
(e) A description of methods used to collect, transport, and process beverage containers in this state and the amount of recycled empty beverage containers collected, transported, and processed by each method.
(f) The total volume, number, and weight of collected beverage containers that are recycled in this state during
the preceding calendar year, including any conversion factor used to determine the number of beverage containers recovered.
(g) A report by the advisory committee, established pursuant to Section 42984.10, that includes a summary of the consultative process between the advisory committee and the beverage container stewardship organization relating to the ongoing implementation of the plan, as well as any other information deemed pertinent by the advisory committee to maximizing the recovery and recycling of empty beverage containers in the state.
(h) For reports submitted on and after March 1, 2027, a demonstration of good faith effort to comply with the state
beverage container recycling goals established pursuant to Section 42984.17.
(i) Any proposed modifications or revisions to the beverage container stewardship plan, including those required pursuant to Section 42984.13, necessary to achieve the statewide beverage container recycling goals established pursuant to Section 42984.17 or necessary to improve the recycling of empty beverage containers in the state in an environmentally beneficial, economically efficient, and practical manner.
(j) Other information relevant to compliance with the plan.
42984.42.
No later than 60 days after the date the department receives the annual report, the department shall notify the beverage container stewardship organization of any deficiencies in the report. No later than 60 days after receiving this notice from the department, the beverage container stewardship organization shall provide additional information, modification, or corrections in response to the department’s notification.42984.43.
Based on a completed report submitted by the beverage container stewardship organization, the department may provide recommended updates to the plan.42984.44.
The beverage container stewardship organization shall develop and maintain a publicly accessible internet website that includes both of the following:(a) A searchable database that contains the locations of certified recycling centers in the state.
(b) Options available to a consumer to redeem empty beverage containers, by county.
Article 6. Enforcement
42984.50.
(a) On or before November 1, 2021, and at least annually thereafter, the department shall post on its internet website a list of distributors in the state and shall indicate whether each distributor is in compliance or not in compliance with this chapter.(b) A distributor that is not listed as in compliance pursuant to this section, but demonstrates compliance with this chapter before the next notice is required to be posted pursuant to this section, may request a certification letter from the department stating the distributor is in compliance. The distributor that receives the letter shall be deemed to be in compliance with this chapter.
(c) (1) A dealer that distributes or sells beverages in beverage containers shall monitor the department’s internet website to determine if a distributor is in compliance or not in compliance with this chapter.
(2) A dealer otherwise in compliance with this chapter shall be deemed in compliance with the this chapter if, on the date the dealer ordered or purchased a beverage in a beverage container, or within 120 calendar days before or after that date, the distributor was listed as in compliance on the department’s internet website.
(d) A dealer may sell or distribute the existing stock of its inventory through sales to the public if the existing stock was purchased when the distributor was in compliance with the requirements of this chapter at the time when the dealer initially purchased that stock or the dealer ordered or purchased the stock in compliance with this chapter pursuant to paragraph (2) of subdivision (c).
(e) If the department determines a distributor is not in compliance with this chapter, the department shall update the distributor’s compliance status on the department’s internet website and the distributor shall not sell, offer for sale, or import a beverage in a beverage container in the state until the department determines the
distributor is in compliance with this chapter.
42984.51.
(a) The department may impose an administrative civil penalty on any distributor, beverage container stewardship organization, or dealer that is in violation of this chapter. The amount of the administrative civil penalty shall not exceed five hundred dollars ($500) per day, but, if the violation is intentional, knowing, or reckless, the department may impose an administrative civil penalty of not more than five thousand dollars ($5,000) per day.(b) The department shall not impose a penalty on the beverage container stewardship organization pursuant to this section for a failure to comply with this
chapter if the organization demonstrates it received false or misleading information from a member of the organization or other party that was the direct cause of its failure to comply.
(c) The department shall deposit all penalties collected pursuant to this section into the Beverage Container Stewardship Penalty Account, which is hereby created in the Beverage Container Stewardship Fund. Upon appropriation by the Legislature, moneys deposited into the Beverage Container Stewardship Penalty Account shall be expended by the department to administer and enforce this chapter.
42984.52.
Upon a written finding that a distributor, beverage container stewardship organization, or dealer has not met a material requirement of this chapter, in addition to any other penalties authorized under this chapter, the department may take any of the following actions, after affording the distributor, beverage container stewardship organization, or dealer a reasonable opportunity to respond to, or rebut, the finding, to ensure compliance with the requirements of this chapter:(a) If the failure to meet the requirement is by the beverage container stewardship organization, revoke the beverage container stewardship
organization’s plan approval or require the beverage container stewardship organization to resubmit the plan.
(b) If the failure to meet the requirement is by a distributor, update the distributor’s compliance status on the department’s internet website, as specified in Section 42984.50.
(c) Require additional reporting requirements relating to compliance with the material requirement identified by the department.
42984.53.
(a) A distributor, dealer, and beverage container stewardship organization shall do both of the following:(1) Upon request, provide the department with reasonable and timely access, as determined by the department and as authorized pursuant to Title 13 (commencing with Section 1822.50) of Part 3 of the Code of Civil Procedure, to its facilities and operations, as necessary to determine compliance with this chapter.
(2) Upon request, provide the department with relevant records necessary
to determine compliance with this chapter.
(b) The records required by this chapter shall be maintained and accessible for three years. All reports and records provided to the department pursuant to this chapter shall be provided under penalty of perjury.
(c) The department may take disciplinary action against a distributor, dealer, or beverage container stewardship organization if the distributor, dealer, or beverage container stewardship organization fails to provide the department with the access required pursuant to this section, including, but not limited to, imposing penalties pursuant to Section 42984.51 and posting an immediate notice on the department’s
internet website pursuant to Section 42984.50 that the distributor is no longer in compliance with this chapter.
Article 7. Antitrust Immunity
42984.60.
(a) Except as provided in subdivision (c), an action specified in subdivision (b) that is taken by a beverage container stewardship organization or its members is not a violation of the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), the Unfair Practices Act (Chapter 4 (commencing with Section 17000) of Part 2 of Division 7 of the Business and Professions Code), or the Unfair Competition Law (Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code).(b) Subdivision (a) shall apply to all
of the following actions taken by the beverage container stewardship organization or distributor:
(1) The creation, implementation, or management of a plan approved by the department pursuant to Article 2 (commencing with Section 42984.10).
(2) The cost and structure of an approved plan.
(3) The establishment, administration, collection, or disbursement of the refund values, incentive payments, and other proper charges associated with funding the implementation of this chapter.
(c) Subdivision (a) shall not apply to an agreement that does any of the following:
(1) Fixes a price of or for beverage containers, except for an agreement related to costs or charges associated with participation in a plan approved or conditionally approved by the department and otherwise in accordance with this chapter.
(2) Fixes the output or production of beverage containers.
(3) Restricts the geographic area in which, or customers to whom, beverage containers will be sold.
SEC. 53.
Section 48653 of the Public Resources Code is amended to read:48653.
The board shall deposit all amounts paid pursuant to Section 48650 by manufacturers, civil penalties, and fines paid pursuant to this chapter, and all other revenues received pursuant to this chapter into the California Used Oil Recycling Fund, which is hereby created in the State Treasury. Notwithstanding Section 13340 of the Government Code, the money in the fund is to be appropriated solely as follows:(a) Continuously appropriated to the board for expenditure for the following purposes:
(1) To pay recycling incentives pursuant to Section 48651.
(2) To provide a reserve for
contingencies, as may be available after making other payments required by this section, in an amount not to exceed one million dollars ($1,000,000).
(3) (A) To make payments for the implementation of local used oil collection programs adopted pursuant to Article 10 (commencing with Section 48690) to cities, based on the city’s population, and counties, based on the population of the unincorporated area of the county. Payment shall be determined by multiplying the total annual amount by the fraction equal to the population of cities and counties that are eligible for payments pursuant to Section 48690, divided by the population of the state. The board shall use the latest population estimates of the state generated by the Demographic Research Unit of the Department of Finance in making the calculations required by this
paragraph. Notwithstanding subdivision (b) of Section 48656, the total annual amount shall equal eleven million dollars ($11,000,000), subject to subparagraph (B).
(B) If sufficient funds are not available to initially issue full funding pursuant to subparagraph (A), the board shall provide funding as follows:
(i) For the purposes set forth in this paragraph, one-half of the amount that remains in the fund after the expenditures are made pursuant to paragraphs (1) and (2) and subdivision (b). The board may utilize additional amounts from the fund, up to, but not exceeding, eleven million dollars ($11,000,000).
(ii) As the board finds is fiscally appropriate, for the purposes set forth in Section 48656. The board
shall give priority to the distribution of funding in clause (i) for the purposes of this paragraph.
(C) Pursuant to paragraph (2) of subdivision (d) of Section 48691, it is the intent of this paragraph that at least one million dollars ($1,000,000) be made available specifically for used oil filter collection and recycling programs.
(4) To implement Section 48660.5, in an amount not to exceed two hundred thousand dollars ($200,000) annually.
(5) For expenditures pursuant to Section 48656.
(b) The money in the fund may be expended by the board for the administration of this chapter and by the department for inspections and reports pursuant to Section 48661,
only upon appropriation by the Legislature in the annual Budget Act.
(c) (1) Except as provided in paragraph (2), the money in the fund may be transferred to the Farm and Ranch Solid Waste Cleanup and Abatement Account in the General Fund, upon appropriation by the Legislature in the annual Budget Act, to pay the costs associated with implementing and operating the Farm and Ranch Solid Waste Cleanup and Abatement Grant Program established pursuant to Chapter 2.5 (commencing with Section 48100).
(2) The money in the fund attributable to a charge increase or adjustment made or authorized in an amendment to subdivision (a) of Section 48650 by the act adding this paragraph shall not be transferred to the Farm and Ranch Solid Waste Cleanup and Abatement
Account.
(d) The money in the fund may be expended by the Department of Resources Recycling and Recovery, upon appropriation by the Legislature, pursuant to paragraph (4) of subdivision (a) of, and paragraph (4) of subdivision (b) of, Section 17001.
(e) Appropriations to the board to pay the costs necessary to administer this chapter shall not exceed three million dollars ($3,000,000) annually.
(f) The Legislature hereby finds and declares its intent that three hundred fifty thousand dollars ($350,000) should be annually appropriated from the California Used Oil Recycling Fund in the annual Budget Act to the board, commencing with the 2010–11 fiscal year, for the purposes of Section 48655 and to conduct those
investigations and enforcement actions necessary to ensure a used oil storage facility or used oil transfer facility causes the used lubricating oil to be transported, as required by subdivision (a) of Section 48651.
(g) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 54.
Section 48653 is added to the Public Resources Code, to read:48653.
The board shall deposit all amounts paid pursuant to Section 48650 by manufacturers, civil penalties, and fines paid pursuant to this chapter, and all other revenues received pursuant to this chapter into the California Used Oil Recycling Fund, which is hereby created in the State Treasury. Notwithstanding Section 13340 of the Government Code, the money in the fund is to be appropriated solely as follows:(a) Continuously appropriated to the board for expenditure for the following purposes:
(1) To pay recycling incentives pursuant to Section 48651.
(2) To provide
a reserve for contingencies, as may be available after making other payments required by this section, in an amount not to exceed one million dollars ($1,000,000).
(3) (A) To make payments for the implementation of local used oil collection programs adopted pursuant to Article 10 (commencing with Section 48690) to cities, based on the city’s population, and counties, based on the population of the unincorporated area of the county. Payment shall be determined by multiplying the total annual amount by the fraction equal to the population of cities and counties that are eligible for payments pursuant to Section 48690, divided by the population of the state. The board shall use the latest population estimates of the state generated by the Demographic Research Unit of the Department of Finance in making the calculations
required by this paragraph. Notwithstanding subdivision (b) of Section 48656, the total annual amount shall equal eleven million dollars ($11,000,000), subject to subparagraph (B).
(B) If sufficient funds are not available to initially issue full funding pursuant to subparagraph (A), the board shall provide funding as follows:
(i) For the purposes set forth in this paragraph, one-half of the amount that remains in the fund after the expenditures are made pursuant to paragraphs (1) and (2) and subdivision (b). The board may utilize additional amounts from the fund, up to, but not exceeding, eleven million dollars ($11,000,000).
(ii) As the board finds is fiscally appropriate, for the purposes set forth in Section
48656. The board shall give priority to the distribution of funding in clause (i) for the purposes of this paragraph.
(C) Pursuant to paragraph (2) of subdivision (d) of Section 48691, it is the intent of this paragraph that at least one million dollars ($1,000,000) be made available specifically for used oil filter collection and recycling programs.
(4) To implement Section 48660.5, in an amount not to exceed two hundred thousand dollars ($200,000) annually.
(5) For expenditures pursuant to Section 48656.
(b) The money in the fund may be expended by the board for the administration of this chapter and by the department for inspections and reports pursuant to
Section 48661, only upon appropriation by the Legislature in the annual Budget Act.
(c) (1) Except as provided in paragraph (2), the money in the fund may be transferred to the Farm and Ranch Solid Waste Cleanup and Abatement Account in the General Fund, upon appropriation by the Legislature in the annual Budget Act, to pay the costs associated with implementing and operating the Farm and Ranch Solid Waste Cleanup and Abatement Grant Program established pursuant to Chapter 2.5 (commencing with Section 48100).
(2) The money in the fund attributable to a charge increase or adjustment made or authorized in an amendment to subdivision (a) of Section 48650 by the act adding this paragraph shall not be transferred to the Farm and Ranch Solid Waste Cleanup and Abatement
Account.
(d) The money in the fund may be expended by the Department of Resources Recycling and Recovery, upon appropriation by the Legislature, pursuant to paragraph (3) of subdivision (a) of Section 17001.
(e) Appropriations to the board to pay the costs necessary to administer this chapter shall not exceed three million dollars ($3,000,000) annually.
(f) The Legislature hereby finds and declares its intent that three hundred fifty thousand dollars ($350,000) should be annually appropriated from the California Used Oil Recycling Fund in the annual Budget Act to the board, commencing with the 2010–11 fiscal year, for the purposes of Section 48655 and to conduct those investigations and enforcement actions
necessary to ensure a used oil storage facility or used oil transfer facility causes the used lubricating oil to be transported, as required by subdivision (a) of Section 48651.
(g) This section shall become operative on January 1, 2024.
SEC. 55.
Section 80016 of the Public Resources Code is amended to read:80016.
(a) To the extent feasible, a project whose application includes the use of services of the California Conservation Corps or certified community conservation corps, as defined in Section 14507.5, shall be given preference for receipt of a grant under this division.(b) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 56.
Section 80016 is added to the Public Resources Code, to read:80016.
(a) To the extent feasible, a project whose application includes the use of services of the California Conservation Corps or certified community conservation corps, as defined in Section 14100.5, shall be given preference for receipt of a grant under this division.(b) This section shall become operative on January 1, 2024.
SEC. 57.
Section 80136 of the Public Resources Code is amended to read:80136.
(a) Of the amount made available pursuant to Section 80130, forty million dollars ($40,000,000) shall be available to the California Conservation Corps for projects to rehabilitate or improve local and state parks, restore watersheds and riparian zones, regional and community-level fuel load reduction, compost application and food waste management, resources conservation and restoration projects, and for facility or equipment acquisition, development, restoration, and rehabilitation. Not less than 50 percent of the amount available pursuant to this section shall be allocated for grants to certified local community conservation corps, as defined in Section 14507.5.(b) This
section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 58.
Section 80136 is added to the Public Resources Code, to read:80136.
(a) Of the amount made available pursuant to Section 80130, forty million dollars ($40,000,000) shall be available to the California Conservation Corps for projects to rehabilitate or improve local and state parks, restore watersheds and riparian zones, regional and community-level fuel load reduction, compost application and food waste management, resources conservation and restoration projects, and for facility or equipment acquisition, development, restoration, and rehabilitation. Not less than 50 percent of the amount available pursuant to this section shall be allocated for grants to certified local community conservation corps, as defined in Section 14100.5.(b) This section shall become operative on January 1, 2024.
SEC. 59.
Section 17153.5 of the Revenue and Taxation Code is amended to read:17153.5.
Gross income does not include any amount received for empty beverage containers by a consumer from a recycling center or recycling location as the refund value, as defined in Chapter 2 (commencing with Section 14502) of Division 12.1 of the Public Resources Code.SEC. 60.
Section 24315 of the Revenue and Taxation Code is amended to read:24315.
Gross income does not include any amount received for empty beverage containers by a consumer from a recycling center or recycling location as the refund value, as defined in Chapter 2 (commencing with Section 14502) of Division 12.1 of the Public Resources Code.SEC. 61.
Section 2370 of the Streets and Highways Code is amended to read:2370.
(a) As used in this chapter, the following terms have the following meanings:(1) “Community conservation corps” shall have the same meaning as defined in Section 14507.5 of the Public Resources Code.
(2) “Transportation enhancement project” means a project constructed or undertaken with funds made available to the state pursuant to Section 133(b)(8) of Title 23 of the United States Code.
(b) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 62.
Section 2370 is added to the Streets and Highways Code, to read:2370.
(a) As used in this chapter, the following terms have the following meanings:(1) “Community conservation corps” shall have the same meaning as defined in Section 14100.5 of the Public Resources Code.
(2) “Transportation enhancement project” means a project constructed or undertaken with funds made available to the state pursuant to Section 133(b)(8) of Title 23 of the United States Code.
(b) This section shall become operative on January 1, 2024.
SEC. 63.
Section 2382 of the Streets and Highways Code is amended to read:2382.
(a) The California Transportation Commission shall develop guidelines and project selection criteria for the Active Transportation Program in consultation with the Active Transportation Program Workgroup, which shall be formed for purposes of providing guidance on matters including, but not limited to, development of and subsequent revisions to program guidelines, schedules and procedures, project selection criteria, performance measures, and program evaluation. The workgroup shall include, but not be limited to, representatives of government agencies and active transportation stakeholder organizations with expertise in pedestrian and bicycle issues, including Safe Routes to School programs.(b) The guidelines shall be the complete and full statement of the policies and criteria that the commission intends to use in selecting projects to be included in the program. The guidelines shall address subjects that include, but are not limited to, project eligibility, application timelines, application rating and ranking criteria, project monitoring, reporting, and transparency, and project performance measurement.
(c) The guidelines shall include a process to ensure that no less than 25 percent of overall program funds benefit disadvantaged communities during each program cycle. The guidelines shall establish a program definition for disadvantaged communities that may include, but need not be limited to, the definition in Section 39711 of the Health and Safety Code and the definition of low-income schools in paragraph (7)
of subdivision (b) of former Section 2333.5, as that section read on January 1, 2013. A project eligible under this subdivision shall clearly demonstrate a benefit to a disadvantaged community or be directly located in a disadvantaged community.
(d) The guidelines shall allow streamlining of project delivery by authorizing an implementing agency to seek commission approval of a letter of no prejudice that will allow the agency to expend its own funds for a project programmed in a future year of the adopted program of projects, in advance of allocation of funds to the project by the commission, and to be reimbursed at a later time for eligible expenditures.
(e) The California Transportation Commission shall adopt the guidelines and selection criteria for, and define the types of
projects eligible to be funded through, the program following at least two public hearings. Projects funded in this program shall be limited to active transportation projects. The guidelines shall ensure that eligible projects meet one or more of the goals set forth in Section 2380 and may give increased weight to projects meeting multiple goals.
(f) In developing the guidelines with regard to project eligibility, the commission shall include, but need not be limited to, the following project types:
(1) Development of new bikeways and walkways, or improvements to existing bikeways and walkways, that improve mobility, access, or safety for nonmotorized users.
(2) Secure bicycle parking at employment centers, park
and ride lots, rail and transit stations, and ferry docks and landings.
(3) Bicycle-carrying facilities on public transit, including rail and ferries.
(4) Installation of traffic control devices to improve the safety of pedestrians and bicyclists.
(5) Elimination of hazardous conditions on existing bikeways and walkways.
(6) Maintenance of bikeways and walkways.
(7) Recreational trails and trailheads, park projects that facilitate trail linkages or connectivity to nonmotorized corridors, and conversion of abandoned railroad corridors to trails.
(8) Safe Routes to School projects that improve the safety of children walking and bicycling to school, in accordance with Section 1404 of Public Law 109-59.
(9) Safe routes to transit projects, which will encourage transit by improving biking and walking routes to mass transportation facilities and schoolbus stops.
(10) Educational programs to increase biking and walking, and other noninfrastructure investments that demonstrate effectiveness in increasing active transportation.
(g) In developing the guidelines with regard to project selection, the commission shall include, but need not be limited to, the following criteria:
(1) Demonstrated
needs of the applicant.
(2) Potential for reducing pedestrian and bicyclist injuries and fatalities.
(3) Potential for encouraging increased walking and bicycling, especially among students.
(4) Identification of safety hazards for pedestrians and bicyclists.
(5) Identification of walking and bicycling routes to and from schools, transit facilities, and community centers.
(6) Identification of the local public participation process that culminated in the project proposal, which may include noticed public meetings and consultation with local stakeholders.
(7) Benefit to disadvantaged communities. In developing guidelines relative to this paragraph, the commission shall consider, but need not be limited to, the definition of disadvantaged communities as applied pursuant to subdivision (c).
(8) Cost-effectiveness, defined as maximizing the impact of the funds provided.
(9) The adoption by a city or county applicant of a bicycle transportation plan, pursuant to Section 891.2, a pedestrian plan, a safe routes to school Safe Routes to School plan, or an overall active transportation plan.
(10) Use of the California Conservation Corps or a qualified community conservation corps, as defined in Section 14507.5 of the Public Resources Code, as partners to undertake or construct applicable projects in accordance with Section 1524 of Public Law 112-141.
(11) Other factors, such as potential for reducing congestion, improving air quality, reducing greenhouse gas emissions, and increasing and improving connectivity and mobility of nonmotorized users.
(h) For the use of federal Transportation Alternative Program funds, or other federal funds, commission guidelines shall meet all applicable federal requirements.
(i) For the use of federal Highway Safety Improvement Program funds for active
transportation projects specific to reducing fatalities and serious injuries, the criteria for the selection of projects shall be based on a data-driven process that is aligned with the state’s Strategic Highway Safety Plan.
(j) The guidelines may include incentives intended to maximize the potential for attracting funds other than program funds for eligible projects.
(k) In reviewing and selecting projects funded by federal funds in the Recreational Trails Program, the commission shall collaborate with the Department of Parks and Recreation to evaluate proposed projects, and to ensure federal requirements are met.
(l) To ensure that regional agencies charged with allocating funds to projects pursuant to
paragraph (1) of subdivision (a) of Section 2381 have sufficient discretion to develop regional guidelines, the commission may adopt separate guidelines for the state and for the regional agencies relative to subdivision (g).
(m) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 64.
Section 2382 is added to the Streets and Highways Code, to read:2382.
(a) The California Transportation Commission shall develop guidelines and project selection criteria for the Active Transportation Program in consultation with the Active Transportation Program Workgroup, which shall be formed for purposes of providing guidance on matters including, but not limited to, development of and subsequent revisions to program guidelines, schedules and procedures, project selection criteria, performance measures, and program evaluation. The workgroup shall include, but not be limited to, representatives of government agencies and active transportation stakeholder organizations with expertise in pedestrian and bicycle issues, including Safe Routes to School programs.(b) The guidelines shall be the complete and full statement of the policies and criteria that the commission intends to use in selecting projects to be included in the program. The guidelines shall address subjects that include, but are not limited to, project eligibility, application timelines, application rating and ranking criteria, project monitoring, reporting, and transparency, and project performance measurement.
(c) The guidelines shall include a process to ensure that no less than 25 percent of overall program funds benefit disadvantaged communities during each program cycle. The guidelines shall establish a program definition for disadvantaged communities that may include, but need not be limited to, the definition in Section 39711 of the Health and Safety Code and the
definition of low-income schools in paragraph (7) of subdivision (b) of former Section 2333.5, as that section read on January 1, 2013. A project eligible under this subdivision shall clearly demonstrate a benefit to a disadvantaged community or be directly located in a disadvantaged community.
(d) The guidelines shall allow streamlining of project delivery by authorizing an implementing agency to seek commission approval of a letter of no prejudice that will allow the agency to expend its own funds for a project programmed in a future year of the adopted program of projects, in advance of allocation of funds to the project by the commission, and to be reimbursed at a later time for eligible expenditures.
(e) The California Transportation Commission shall adopt the guidelines
and selection criteria for, and define the types of projects eligible to be funded through, the program following at least two public hearings. Projects funded in this program shall be limited to active transportation projects. The guidelines shall ensure that eligible projects meet one or more of the goals set forth in Section 2380 and may give increased weight to projects meeting multiple goals.
(f) In developing the guidelines with regard to project eligibility, the commission shall include, but need not be limited to, the following project types:
(1) Development of new bikeways and walkways, or improvements to existing bikeways and walkways, that improve mobility, access, or safety for nonmotorized users.
(2) Secure bicycle parking at employment centers, park and ride lots, rail and transit stations, and ferry docks and landings.
(3) Bicycle-carrying facilities on public transit, including rail and ferries.
(4) Installation of traffic control devices to improve the safety of pedestrians and bicyclists.
(5) Elimination of hazardous conditions on existing bikeways and walkways.
(6) Maintenance of bikeways and walkways.
(7) Recreational trails and trailheads, park projects that facilitate trail linkages or connectivity to nonmotorized corridors, and conversion of abandoned railroad corridors to
trails.
(8) Safe Routes to School projects that improve the safety of children walking and bicycling to school, in accordance with Section 1404 of Public Law 109-59.
(9) Safe routes to transit projects, which will encourage transit by improving biking and walking routes to mass transportation facilities and schoolbus stops.
(10) Educational programs to increase biking and walking, and other noninfrastructure investments that demonstrate effectiveness in increasing active transportation.
(g) In developing the guidelines with regard to project selection, the commission shall include, but need not be limited to, the following criteria:
(1) Demonstrated needs of the applicant.
(2) Potential for reducing pedestrian and bicyclist injuries and fatalities.
(3) Potential for encouraging increased walking and bicycling, especially among students.
(4) Identification of safety hazards for pedestrians and bicyclists.
(5) Identification of walking and bicycling routes to and from schools, transit facilities, and community centers.
(6) Identification of the local public participation process that culminated in the project proposal, which may include noticed public meetings and
consultation with local stakeholders.
(7) Benefit to disadvantaged communities. In developing guidelines relative to this paragraph, the commission shall consider, but need not be limited to, the definition of disadvantaged communities as applied pursuant to subdivision (c).
(8) Cost-effectiveness, defined as maximizing the impact of the funds provided.
(9) The adoption by a city or county applicant of a bicycle transportation plan, pursuant to Section 891.2, a pedestrian plan, a safe routes to school Safe Routes to School plan, or an overall active transportation
plan.
(10) Use of the California Conservation Corps or a qualified community conservation corps, as defined in Section 14100.5 of the Public Resources Code, as partners to undertake or construct applicable projects in accordance with Section 1524 of Public Law 112-141.
(11) Other factors, such as potential for reducing congestion, improving air quality, reducing greenhouse gas emissions, and increasing and improving connectivity and mobility of nonmotorized users.
(h) For the use of federal Transportation Alternative Program funds, or other federal funds, commission guidelines shall meet all applicable federal requirements.
(i) For the use of
federal Highway Safety Improvement Program funds for active transportation projects specific to reducing fatalities and serious injuries, the criteria for the selection of projects shall be based on a data-driven process that is aligned with the state’s Strategic Highway Safety Plan.
(j) The guidelines may include incentives intended to maximize the potential for attracting funds other than program funds for eligible projects.
(k) In reviewing and selecting projects funded by federal funds in the Recreational Trails Program, the commission shall collaborate with the Department of Parks and Recreation to evaluate proposed projects, and to ensure federal requirements are met.
(l) To ensure that regional
agencies charged with allocating funds to projects pursuant to paragraph (1) of subdivision (a) of Section 2381 have sufficient discretion to develop regional guidelines, the commission may adopt separate guidelines for the state and for the regional agencies relative to subdivision (g).
(m) This section shall become operative on January 1, 2024.
SEC. 65.
Section 79714 of the Water Code is amended to read:79714.
(a) Unless otherwise specified, any state agency that has the statutory authority to implement one or more of the purposes specified in this bond may be eligible for appropriations from the funding made available by this division.(b) Funding made available by this division shall not be appropriated by the Legislature to a specific project.
(c) Projects funded pursuant to this division may use the services of the California Conservation Corps or a certified community conservation corps, as defined in Section 14507.5 of the Public Resources Code.
(d) This section
shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 66.
Section 79714 is added to the Water Code, to read:79714.
(a) Unless otherwise specified, any state agency that has the statutory authority to implement one or more of the purposes specified in this bond may be eligible for appropriations from the funding made available by this division.(b) Funding made available by this division shall not be appropriated by the Legislature to a specific project.
(c) Projects funded pursuant to this division may use the services of the California Conservation Corps or a certified community conservation corps, as defined in Section 14100.5 of the Public Resources Code.
(d) This section shall become operative on January 1, 2024.
