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
Amended
IN
Senate
January 06, 2020 |
Introduced by Senator Wieckowski |
February 20, 2019 |
LEGISLATIVE COUNSEL'S DIGEST
The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, generally regulates the disposal, management, and recycling of solid waste. The act prohibits certain stores from providing a single-use carryout bag to a customer at the point of sale and prohibits full-service restaurants from providing single-use plastic straws to consumers unless requested by the consumer.
This bill would state the intent of the Legislature to enact legislation that would address extended producer responsibility for single-use plastic products, including collecting waste consisting of those products, the transport and treatment of those products, the costs of litter cleanup, and awareness-raising measures.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill 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.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.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: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:SEC. 6.
Section 23671 of the Business and Professions Code is amended to read:23671.
(a) No beer importer shall purchase any beer not manufactured within the state or cause any beer to be transported into the state for sale in the state, unless the out-of-state vendor making shipment of the beer into the state holds a certificate of compliance issued by the department. A certificate of compliance shall be granted when the out-of-state vendor makes a written agreement with the department to furnish to the board, on or before the 10th day of each month, a report on a form prescribed by the board, showing the quantity of beer shipped by the out-of-state vendor to each licensed beer importer in this state during the preceding month. The out-of-state vendor shall further agree that it and its agents and all agencies within this state controlled by it will comply with all laws of this state and all rules of the department with respect to the sale of alcoholic beverages, including, but not limited to, Chapter 12 (commencing with Section 25000) of Division 9, and Section 25509, to the same extent as licensees.If
SEC. 7.
Section 23671 is added to the Business and Professions Code, to read:23671.
(a) No beer importer shall purchase any beer not manufactured within the state or cause any beer to be transported into the state for sale in the state, unless the out-of-state vendor making shipment of the beer into the state holds a certificate of compliance issued by the department. A certificate of compliance shall be granted when the out-of-state vendor makes a written agreement with the department to furnish to the board, on or before the 10th day of each month, a report on a form prescribed by the board, showing the quantity of beer shipped by the out-of-state vendor to each licensed beer importer in this state during the preceding month. The out-of-state vendor shall further agree that it and its agents and all agencies within this state controlled by it will comply with all laws of this state and all rules of the department with respect to the sale of alcoholic beverages, including, but not limited to, Chapter 12 (commencing with Section 25000) of Division 9, and Section 25509, to the same extent as licensees.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.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.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: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: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.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.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.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.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:SEC. 17.
Section 186.2 is added to the Penal Code, to read:186.2.
For purposes of this chapter, the following definitions apply: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: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: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 theSEC. 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.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.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 orSEC. 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.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: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.(13)Solid Waste Disposal Site Cleanup and Maintenance Account in the General Fund.
(14)
(15)
(16)
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.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: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: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 ofSEC. 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:SEC. 32.
Section 14571.8 of the Public Resources Code is amended to read:14571.8.
(a)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.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: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: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: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.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: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: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, Rural Development Administration, or its successor agency. Those criteria include, but are not limited to, places, open country, cities, towns, or census designated places with populations that are less than 10,000 persons. The department may designate an area with a population of between 10,000 and 50,000 persons as a rural region, unless the area is identified as part of, or associated with, an urban area, as determined by the department on an individual basis.14525.7.
“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.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.14536.5.
(a) In carrying out the division, the department may solicit and use all expertise available in other state agencies and where an existing state agency performs functions of a similar nature to the department’s functions, the department may contract with, or cooperate with, the agency in carrying out this division.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.14539.
(a) (1) The department shall certify processors pursuant to this section.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:14539.7.
(a) The department shall register the operators of curbside programs pursuant to this section.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.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.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: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: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.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.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.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: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 of less, sold or offered for sale in this state, shall have a refund value of not less than five cents ($0.05). A beverage container with a capacity of 24 fluid ounces or more shall have a refund value of not less than ten cents ($0.10).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.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.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: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.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 14573.14573.
(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.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.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.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: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: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: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 of the division that can be given effect without the invalid provision or application, and to this end the provisions of this division are severable.14591.
(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.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.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.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.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.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) No person shall pay, claim, or receive any refund value or incentive payment for any of the following: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: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.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 the division.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).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:(a)
(b)
(c)
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: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: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: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.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.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.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).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).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 andSEC. 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.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 ofSEC. 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)).SEC. 48.
Section 40511 of the Public Resources Code is repealed.(a)Notwithstanding Section 7550.5 of the Government Code, on or before December 1, 2000, the board, in consultation with the Department of Conservation, shall prepare and submit to the Legislature a report that identifies any duplication or overlap between the following programs authorized under this division and Division 12.1 (commencing with Section 14500) administered and funded by the two agencies:
(1)Public information and education programs.
(2)Local government review and assistance programs.
(3)Recycled materials market development programs.
(b)The report shall include, but not be limited to, suggested legislation, budget actions, or administrative actions that could be taken to eliminate duplication or overlap between the two agencies and programs.
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: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: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: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: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 42984.41.42984.11.
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.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: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.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.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: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.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.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.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.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: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: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.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.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:42984.53.
(a) A distributor, dealer, and beverage container stewardship organization shall do both of the following: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).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: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: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.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.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.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.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 theSEC. 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 theSEC. 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:(a)
(b)
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: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.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.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.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.SEC. 67.
The Legislature finds and declares that Section 33 of this act, which adds Division 12.1 (commencing with Section 14500) to the Public Resources Code, and Section 52, which adds Chapter 20.5 (commencing with Section 42984) to Part 3 of Division 30 of the Public Resources Code, do not affect, within the meaning of paragraph (3) of subdivision (b) of Section 3 of Article I of the California Constitution, the right to privacy because the only information protected from disclosure is valuable proprietary business and personal information collected under this act to ensure accurate recycling data for regulatory purposes.SEC. 68.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.It is the intent of the Legislature to enact legislation that would address extended producer responsibility for single-use plastic products, including collecting waste consisting of those products, the transport and treatment of those products, the costs of litter cleanup, and awareness-raising measures.