Bill Text: CA SB1302 | 2023-2024 | Regular Session | Amended
Bill Title: The California Beverage Container Recycling and Litter Reduction Act: recycling machines: pilot projects.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-05-16 - May 16 hearing: Held in committee and under submission. [SB1302 Detail]
Download: California-2023-SB1302-Amended.html
Amended
IN
Senate
April 29, 2024 |
Introduced by Senator Blakespear |
February 15, 2024 |
LEGISLATIVE COUNSEL'S DIGEST
The act requires the department to certify recycling
centers and processors and makes them eligible for payments and fees from the fund under certain conditions. The act requires certified recycling centers and processors to comply with specified statutory requirements and implementing regulations, including the requirement that recycling centers accept empty beverage containers from all consumers. Existing law also requires that processors accept empty beverage containers from all recycling centers, and that they visually inspect containers. The act requires the department to conduct investigations and unannounced inspections of certified recycling centers and processors to determine that the act’s requirements are satisfied. A violation of the act is a crime.
This bill would require the department to certify an operator of a recycling machine, as defined, as a processor and as a recycling center, subject to specified conditions, and would make the operator eligible for refund values, processing payments, and other
program payments, thereby making an appropriation. The bill would impose a state-mandated local program by expanding the scope of a crime under the act.
Digest Key
Vote: 2/3 Appropriation: YES Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
“Noncertified recycler” means a person, entity, or operation which is not certified by the department and which purchases empty beverage containers from consumers, or from dropoff or collection programs.
SEC. 3.SECTION 1.
Section 14520.7 is added to the Public Resources Code, to read:14520.7.
“Recycling machine” means a mechanical device that accepts empty beverage containers for redemption and does all of the following:(a)Notwithstanding any other law or regulation, including Sections 14538, 14539, 14540, 14571.9, and 14572, the department shall certify an operator of a recycling machine as a dual certified entity pursuant to this section and as the department deems necessary in furtherance of the goals and purposes of this division. For purposes of this section, “dual certified” means certified as a processor and recycling center.
(b)All of the following apply to an operator of a recycling machine as a condition of dual certification and as a requirement for operation and program payment eligibility:
(1)(A)The operator shall make available for inspection and review its computer and software systems and any relevant record of the operator that the department determines is necessary for the purpose described in Section 14571.3.
(B)For the purposes described in Section 14571.3, the department may inspect any recycling machine that accepts empty beverage containers upon at least 24 hours’ notice before the inspection.
(2)The operator shall inspect and verify the loads of a recycling machine to determine the amount of empty beverage containers and eligibility for refund value before it pays any refund value. The department may require the operator to use machine vision approved by the department for that inspection, but a visual inspection shall not be required.
(3)The operator shall demonstrate to the department that there is willing end user for recycling empty beverage containers processed by the recycling machine.
(4)The operator shall not accept empty beverage containers from another recycling center as a processing center.
(5)The operator shall notify the department promptly of any material change in its operations that conflicts with the information submitted in its application for dual certification.
(c)Notwithstanding any other law, if a recycling machine is deployed in a private location, the operator of that recycling machine shall not be required to accept empty beverage containers from any other consumers.
(d)A dual certified recycling machine operator shall be eligible to make a claim for and receive refund values and program payments in the same form and manner as a processor pursuant to Section 14573, except the
dual-certified recycling machine operator shall not pay refund values, quality incentive payments, processing payments, or any other value as a processor to another recycler or recycling center and shall not receive refund values, quality incentive payments, processing payments, or any other value as a recycler from another processor.
(e)A dual certified recycling machine operator may pay the applicable refund value in the same form and manner as a bag drop recycling center pursuant to Section 14538.
(f)A dual certified recycling machine operator shall not receive any refund value, quality incentive payment, or processing payment on an empty beverage container that the operator knew, or should have known, came from outside the state, or on any other beverage container or other product that is ineligible for redemption.
(g)The department may adopt, by regulation, other requirements and standards of eligibility for certification, operation, or payments authorized under this division relating to a recycling machine operator.