Chapter 6Returns
Section § 14570
This law requires that by January 1, 2025, every dealer must have a clear sign, at least 10x15 inches, at each public entrance of their business. This sign should either provide the name and address of the nearest certified recycling location for redeeming empty beverage containers or explain how customers can redeem containers at the dealer's location. Options for redemption include all open cash registers or a specific on-site location identified on the sign.
Section § 14571
This law mandates that there must be at least one certified recycling center in each convenience zone that operates a minimum of 30 hours a week, with at least five hours outside of regular weekday hours. The Department can modify this requirement, allowing centers to operate fewer hours if they are in rural areas or necessary for community needs. These centers need a sign showing their operation schedule and the location of the nearest full-service center if applicable.
Certified recycling centers can also seek authorization for alternative operating schedules, especially small businesses or those impacted by emergencies. Centers using reverse vending machines or automated systems are considered operational if they're working properly and accept all types of containers.
Furthermore, dealers must redeem containers manually when machines are out of service. Special rules apply to centers using attendants and handling fees, particularly for those using advanced counting systems. Clear signage is required to inform the public about redemption processes, especially if machines are down.
Section § 14571.1
Every year by January 1st, the department must identify all convenience zones across the state, including those in areas that don't have enough recycling facilities. They have to create a map showing where these convenience zones are located.
Section § 14571.2
This law requires the department to help dealers and recyclers set up certified recycling sites in designated areas called convenience zones. They offer support by sharing information with businesses and organizations interested in recycling. The department connects dealers with potential recyclers and vice versa, and informs them about available grants, advertising funds, and other resources. They also advise recyclers on how to maintain a neat and efficient recycling operation.
Section § 14571.3
This law requires the department to help certified recyclers better serve the public by offering advice on improving public participation in recycling, choosing the best location and image for recycling centers, and reducing costs while optimizing resources. The department must also conduct surprise inspections of recycling centers to ensure they comply with legal requirements and can impose penalties for any violations found.
Section § 14571.4
This law mandates that a certified operator must run the Pacific Beach Mobile Recycling Program in the Pacific Beach area of San Diego County. The program should cover all convenience zones within that area.
To be recognized as serving all convenience zones, the recycling center must operate weekly at multiple locations, meeting specific conditions, such as being open at least eight hours per day and accepting all types of eligible containers for refunds.
All local dealers must display signs about recycling center locations and hours. Approved centers can become certified and receive handling fees and processing payments.
If needed, the department can enforce or change this rule through emergency regulations to protect public welfare, which would last 180 days.
Section § 14571.5
This section gives the department the authority to adjust convenience zones in rural areas to improve access to recycling. They can expand a zone up to a five-mile radius if it will be served by a single certified recycling center, especially if there's currently no service. Alternatively, they can create a new zone without a supermarket, provided there are at least two businesses with combined sales of $2 million or more in close proximity, and it's served by an existing recycling center. If such a recycling center stops operating, the zone will dissolve until a new center is established and a petition for a new zone is filed.
Section § 14571.7
If a recycling location stops operating in a convenience zone, the department will inform all the nearby stores that they need to open a new recycling location within 60 days. If no location is established within 30 days of this notice, the department will remind the stores, and it becomes their responsibility to get a new location set up.
However, if the area qualifies for an exemption under another rule, the department may decide that a new location isn't necessary. If the area doesn't qualify for an exemption, the stores still need to set up a new recycling location as initially required.
Section § 14571.8
This law relates to recycling locations in California, specifically convenience zones near dealers. It sets rules barring post-1987 lease agreements from hindering recycling site establishment. A director can exempt a convenience zone from needing a recycling center, but must gather public input first. Exemptions depend on factors like proximity to recycling centers, existing curbside recycling, or lease and zoning troubles predating 1987. Some zones can be exempt if they've recycled fewer than 60,000 containers monthly over the past year or if another nearby center handles recycling. Only 15% of zones can be exempt. Exemptions can be revoked if the situation changes or mistakes were made in granting them. If revoked, dealers in the zone will be notified quickly, unless a center starts operating nearby.
Section § 14571.9
This law allows for the approval of up to 10 recycling pilot projects until 2032 to improve beverage container recycling in underserved areas. These pilot projects aim to provide new, convenient recycling opportunities, especially in unserved and rural zones.
Pilot project operators must meet specific requirements and offer services that traditional recycling centers do not, such as flexible hours and exclusive collection from consumers. There's also a requirement for clear signage at nearby stores about the pilot project locations. Additionally, if a pilot project stops, the local dealers must revert to previous recycling compliance rules.
The department can issue temporary operating certificates to these pilot projects, which have to meet certain conditions to maintain approval. They also have the power to revoke these if rules are not followed. The department might also set up toll-free numbers and websites for information dissemination.
The law outlines that these projects can include stationary drop-offs or mobile collections. Proposals for pilot projects should include key documents and meet defined criteria. Finally, the department may enact emergency regulations to oversee these projects, and the ability to run them starts in 2025 and ends in 2034.
Section § 14572
This law outlines the rules for certified recycling centers in California regarding the acceptance and refund payment for empty beverage containers. Certified recycling centers must accept containers from consumers and pay a refund, typically based on weight. Since 2013, for consumer-redeemed containers, payments must follow a specific rate based on weight. Centers in operation before 1986 that refused specific container types may continue to do so but won't receive certain fees unless they accept all container types at supermarket sites. The law details procedures for these centers to recertify the types of containers they accept. Only certified centers can pay refunds, and payments to noncertified recyclers must not exceed current scrap value. Refunds do not apply to containers from out of state and existing curbside programs are not affected.
Section § 14572.1
This law says that starting January 1, 2025, businesses that collect empty beverage containers from people for recycling purposes won’t have to worry about the daily limits on the amount they can transport when they take these containers to a recycling center or processor.
Section § 14572.5
If you have empty refillable beer or malt beverage containers, a certified recycling center will take them and pay you a deposit. Then, the recycling center will return these containers to the distributor or sell them to someone else. The distributor or purchaser will pay the deposit back to the recycling center and they also need to agree on a handling fee for managing these returns.
Section § 14573
This law states that when a processor receives empty beverage containers from certified recycling centers or other collection programs, they can claim a payment from the department. This payment includes the refund value of the containers, an additional 2.5% for administrative costs, and a processing payment as outlined in another section. The department has to make this payment within two days of being notified about the delivery, or within a timeframe it considers necessary. If the payment isn't made within 20 days of processing the claim, the processor is entitled to interest at the current prime rate.
Section § 14573.1
This law mandates that California's recycling centers located in rural areas receive additional payments of $60 per ton for processing glass containers. These payments help cover transportation, operations, and logistics costs. If there aren't enough funds to cover all the payments including those under other sections, this payment will be reduced first.
The funding is continuously available and isn't limited by fiscal year restrictions. However, this provision is temporary and will be repealed on January 1, 2030.
Section § 14573.5
This law requires processors to pay certified recycling centers, dropoff or collection programs, or curbside programs for empty beverage containers they receive. Payment must be made by check or electronic transfer, not cash, and should include the containers' refund value, 0.75% of that value for administrative costs, and a processing payment. Payments must be completed within two working days of receiving the containers unless the department allows more time. If a certified recycling center improperly obtains money, the department can reimburse the processor.
Section § 14573.51
This law governs how recycling centers and processors pay curbside recycling programs in California. Typically, they can't pay these programs more than the statewide average rate unless the curbside program has its own specific rate approved by the department. Curbside programs can apply for an individualized rate for different materials like glass, aluminum, or certain plastics, but this rate is temporary, lasting only up to a year. The department must approve the method used to determine these rates. Once an individual rate is set, those programs won't be included in surveys for the statewide rate. Additionally, the law allows the department to spend a limited amount annually on contracts to implement these procedures, funded by fees from certain plastic containers. However, if there aren't enough funds after refunds and fee reductions, the department may skip calculating individual rates.
Section § 14573.6
In California, programs where consumers drop off or a collection program collects items are not allowed to pay any refund value to the consumer. Additionally, these programs cannot receive payments intended to cover administrative costs as per the referenced sections.
Section § 14573.7
This law allows the department to ask recycling centers for detailed transaction logs and receipts to support their reports. If a recycling center doesn't provide these documents, the department can temporarily stop their certification without a hearing, though the center can ask for one afterward. However, asking for a hearing doesn't delay the suspension. Any requested hearing follows specific government procedures.
Section § 14574
This law outlines the rules for distributors of beverage containers regarding redemption payments. Distributors must pay a redemption fee for each container sold to dealers, with a 1.5% reduction allowed for administrative costs. Payments must typically be made by the end of the month following the sale. However, if a distributor consistently follows the rules and their total annual redemption fees are projected to be less than $75,000, they're allowed to make a single payment covering the whole year by February 1. Distributors need to inform the department by January 31 if they choose to make this annual payment. This section became effective on July 1, 2012.
Section § 14575
This law section requires setting processing fees and payments for recycling specific types of beverage containers if their scrap value is less than the recycling cost. The fees are adjusted annually based on recycling rates and are calculated to cover recycling centers' costs and provide them with reasonable financial returns. Beverage manufacturers must pay these fees for each container sold or transferred, although there are specific reductions and annual payment options available under certain conditions. The law outlines different rates of fees based on the recycling rate of the container type and provides a mechanism for reducing fees if surplus funds are available.
Section § 14575.1
This law outlines a process for how processing fees are handled when someone offers to buy empty PET containers at a special price. If someone is buying these containers at a price equal to a reduced processing fee, then no regular processing fee will apply. Each month, the department checks if these payments meet or exceed the recycling costs for the containers. If they don't, the buyer is informed and must make up the difference in the next month. If the issue isn't corrected within 30 days, a processing fee is charged. Conversely, if the payments exceed recycling costs, the buyer gets credit for future payments. This process does not impact any ongoing court cases as of a certain date.
Section § 14576
The goal of this law is to promote both the reuse and recycling of empty beverage containers. Reusable beverage containers should receive the same processing payment as other glass beverage containers.