Chapter 4Reporting
Section § 14550
If you're a processor or distributor handling beverage containers in California, you need to file monthly reports with the department. Processors must report the amount and weight of empty beverage containers they've received for recycling, as well as the scrap value paid for certain materials. Distributors must report the number of sold beverage containers in the state by type and size. This includes specific rules for those handling refillable containers and allows for some distributors to report annually instead, if approved by the department.
Section § 14551
This law requires the department to set up a system for tracking and reporting recycling and redemption rates for beverage containers in California. Reports must be issued every six months, covering various types of beverage containers like aluminum, bimetal, glass, and plastic. The department needs to calculate and report on both sales and returns for recycling for each container type, including refillable containers. The reports will also break down results for different container materials, providing redemption and recycling rates specifically for aluminum, bimetal, glass, plastic, and other types of beverage containers. Additionally, the department can categorize different beverage containers and report individually on these categories, while ensuring data protection for companies involved.
Section § 14551.4
This law section explains that the department can share information about the amount of materials collected from recycling centers with government agencies. However, for this data to be shared, certain conditions must be met. First, the request must be made in writing. Second, the information is generally shared in an aggregated form, unless specific details for each center are requested by the city or county. Lastly, all shared information is treated as confidential and proprietary, following specific privacy guidelines.
Section § 14551.5
This law requires operators of curbside recycling programs to register with the California Department to get an identification number. Without this number, they can't receive refund values or administrative fees from certified processors or recycling centers. The registration process includes meeting certain standards and requirements and submitting information truthfully under penalty of perjury. The identification number must be used in all required reports and documentation. Once registered, curbside program operators are considered certificate holders under the law.
Section § 14552
This law outlines the responsibilities of a department in managing an auditing system to verify compliance with refund values and redemption payments. It allows for both prepayment and postpayment checks and enables the department to audit actions taken up to five years prior.
The department can enforce actions for violations discovered within five years, and entities must provide immediate access to records during inspections. Failure to comply may lead to penalties or suspension of certifications.
The department must protect any collected information but can release it if needed for enforcement. The law acknowledges material shrinkage and requires the adoption of a standard to account for it.
In case of financial discrepancies, such as overpayment, the department can offset future payments or issue refunds.
Section § 14552.5
This law section outlines the requirements for dealing with rejected loads of redeemed beverage container materials. The department provides certified processors with a standard rejection form that must be used whenever manufacturers reject such materials. The form needs to include details like who rejected the material, when, why, and how much was rejected. Manufacturers must fill out this form if they reject a load, and any failure to do so can result in penalties.
If processors can't find a buyer despite trying hard, they can also use this form to document their efforts and submit it to the department. Manufacturers who reject by phone or other indirect methods must keep a detailed logbook of such activities. This form is needed for disposal requests, and materials cannot be disposed of without the department's permission. All parties must still uphold their responsibilities related to recycling efforts.
Section § 14552.51
If you're a certified processor wanting to dispose of rejected postfilled containers, you must first send a written request to the department. You can't dispose of these containers until you have written permission. If the department doesn't reply within 10 days, it's like they said yes.
The department can inspect any rejected loads of these containers.
Everyone involved, like container creators and processors, must try hard to avoid disposing of these containers. They need to document every transaction or attempt using the standard rejection form. The manufacturer and processor are equally responsible for making this happen.
Section § 14553
This law section requires that all reports and claims related to recycling be complete, clear, and accurate, and must be signed by a responsible person from the relevant organization, like a recycling center or beverage manufacturer. They should be submitted using the Division of Recycling Integrated Information System (DORIIS) or another system chosen by the department.
The department has the right to inspect operations and records to ensure compliance. If an organization fails to meet these requirements, they could face penalties, claim denials, or lose their certification. Violations are penalized under another section, 14591.1.
Section § 14554
This law requires the department to create methods to protect sensitive information, like privileged, confidential, commercial, or financial details, that it collects. This type of information is not considered a public record under certain government code regulations.
Section § 14555
This law requires the department to create and share a report by July 1, 2025, detailing how funds from the 2022 Budget Act were used for California's Beverage Container Recycling and Litter Reduction Act.
The report must cover improvements in recycling opportunities in underserved areas, list who received funding, and specify the funding's geographical distribution. The report should follow specific submission procedures outlined in Section 9795 of the Government Code.
Section § 14556
This law mandates that the department updates and posts financial and operational information about recycling funds at least every six months. This includes statements on the fund's condition, recycling rates by material type, sales and returns data, handling and processing fees, and grants awarded. In case of significant changes from previous reports, explanations must be provided. The department must inform relevant legislative committees whenever this information is posted online. Additionally, the department is required to check every three months to ensure there's enough money available for necessary disbursements.