State Codes and Statutes

Statutes > California > Prc > 14530-14541.5

PUBLIC RESOURCES CODE
SECTION 14530-14541.5



14530.  This division shall be administered by the department.
Notwithstanding Section 607, the department may, for organizational
purposes, create a new division, bureau, or office to administer this
division. If a new division, bureau, or office is created, any
reference to "department" or "director" in this division shall be
deemed to be a reference to that entity and the officer in charge of
that entity.



14530.1.  There is hereby created within the department a recycling
financial analysis and policy development unit, to develop, analyze,
consolidate, and evaluate economic and policy proposals to carry out
the objectives of this division, including, but not limited to, all
of the following:
   (a) Evaluate the solvency of the fund on an ongoing basis in order
to make recommendations and report to the Legislature.
   (b) Identify the fiscal impacts of proposed recycling programs, or
changes to existing recycling programs.
   (c) Assess the economic impacts of recycling proposals and
programs on the state's citizens and businesses, including the impact
of adding new container types into existing law.
   (d) Develop recommendations to better integrate the various
recycling alternatives available from state government, local
government, and private industry with the objective of reducing
recycling costs to citizens and businesses and meeting the 80-percent
recycling goal established by this division.



14530.2.  The Division of Recycling shall be administered by an
assistant director who is appointed by the Governor. The appointment
shall be exempt from civil service.



14530.5.  (a) For purposes of entering into contracts for
consulting, promotional, or advisory services necessary to implement
this division, the requirements of Sections 11042 and 14615 of the
Government Code and Sections 10295 and 10318 of the Public Contract
Code do not apply to the activities of the department pursuant to
this division, except that any sole source contract awarded by the
department shall be reviewed and approved by the Department of
General Services.
   (b) In addition to any regulations which the department is
required by statute to adopt, the department may adopt any other
rules and regulations pursuant to Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code which the department determines may be necessary or useful to
carry out this division or any of the department's duties or
responsibilities imposed pursuant to this division.
   (c) The department may prepare, publish, and issue printed
pamphlets, promotional materials, and bulletins which the director
determines to be necessary for the dissemination of information to
the public concerning the activities of the department pursuant to
this division.


14530.6.  Upon the request of the department, the Attorney General
shall represent the department and the state in litigation concerning
affairs of the department.



14536.  (a) Except as provided in subdivision (b), the director
shall adopt, amend, or repeal all rules and regulations in accordance
with Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code.
   (b) (1) The director shall adopt regulations, and may adopt
emergency regulations for the purposes of implementing Sections
14538, 14539, 14541, 14549.1, 14549.2, 14549.7, 14550, 14561, 14574,
14575, 14585, 14588.1, 14588.2, and 14591.
   (2) Any emergency regulations, if adopted, shall be adopted in
accordance with Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code, and for the
purposes of that chapter, including Section 11349.6 of the Government
Code, the adoption of these regulations is an emergency and shall be
considered by the Office of Administrative Law as necessary for the
immediate preservation of the public peace, health and safety, and
general welfare. Notwithstanding Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code,
including subdivision (e) of Section 11346.1 of the Government Code,
any emergency regulations adopted pursuant to this section shall be
filed with, but not be repealed by, the Office of Administrative Law
and shall remain in effect until revised by the director.



14536.1.  Notwithstanding Section 14536, if the department
determines that it is necessary to adopt or amend regulations to
implement Section 14575, the department may adopt or amend those
regulations as emergency regulations. The Office of Administrative
Law shall consider those regulations to be necessary for the
immediate preservation of the public peace, health and safety, and
general welfare for purposes of Section 11349.6 of the Government
Code. Notwithstanding subdivision (e) of Section 11346.1 of the
Government Code, the emergency regulations adopted or amended
pursuant to this section shall be repealed 180 days after the
effective date of the regulations, unless the department complies
with Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code.



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.
   (b) Notwithstanding subdivision (a), the Department of Food and
Agriculture may, as requested by the department, collect, compile,
and report information regarding the importation of filled or
postfilled beverage containers. Border agricultural inspection
stations and any other appropriate information gathering focal points
may be used and the plant quarantine officers and supervisors of the
Department of Food and Agriculture shall collect, compile, and
report information requested by the department pursuant to this
subdivision. Recovery of costs incurred by the Department of Food and
Agriculture shall be accomplished through an interagency agreement
with the department.



14537.  The department shall keep accurate books, records, and
accounts of all of its dealings, and these books, records, and
accounts are subject to an annual audit by an auditing firm selected
by the department. The auditing firm or the department shall also
conduct a selective audit of entities making payments to, or
receiving payments from, the department to determine whether
redemption payments and applicable processing fees are being paid to
the department on all beverage containers sold in California, and
that refund values and processing payments are being paid out
properly by the department.



14538.  (a) The department shall certify the operators of recycling
centers pursuant to this section. The director shall adopt, by
regulation, a procedure for the certification of recycling centers,
including standards and requirements for certification. These
regulations shall require that all information be submitted to the
department under penalty of perjury. A recycling center shall meet
all of the standards and requirements contained in the regulations
for certification. The regulations shall require, but shall not be
limited to requiring, that all of the following conditions be met for
certification:
   (1) The operator of the recycling center demonstrates, to the
satisfaction of the department, that the operator will operate in
accordance with this division.
   (2) If one or more certified entities have operated at the same
location within the past five years, the operations at the location
of the recycling center exhibit, to the satisfaction of the
department, a pattern of operation in compliance with the
requirements of this division and regulations adopted pursuant to
this division.
   (3) The operator of the recycling center notifies the department
promptly of any material change in the nature of his or her
operations which conflicts with information submitted in the operator'
s application for certification.
   (b) A certified recycling center shall comply with all of the
following requirements for operation:
   (1) The operator of the recycling center shall not pay a refund
value for, or receive a refund value from any processor for, any food
or drink packaging material or any beverage container or other
product that does not have a refund value established pursuant to
Section 14560.
   (2) The operator of a recycling center shall take those actions
that satisfy the department to prevent the payment of a refund value
for any food or drink packaging material or any beverage container or
other product that does not have a refund value established pursuant
to Section 14560.
   (3) Unless exempted pursuant to subdivision (b) of Section 14572,
a certified recycling center shall accept, and pay at least the
refund value for, all empty beverage containers, regardless of type.
   (4) A certified recycling center shall not pay any refund values,
processing payments, or administrative fees to a noncertified
recycler.
   (5) A certified recycling center shall not pay any refund values,
processing payments, or administrative fees on empty beverage
containers or other containers that the certified recycling center
knew, or should have known, were coming into the state from out of
the state.
   (6) A certified recycling center shall not claim refund values,
processing payments, or administrative fees on empty beverage
containers that the certified recycling center knew, or should have
known, were received from noncertified recyclers or on beverage
containers that the certified recycling center knew, or should have
known, come from out of the state.
   (7) A certified recycling center shall prepare and maintain the
following documents involving empty beverage containers, as specified
by the department by regulation:
   (A) Shipping reports that are required to be prepared by the
recycling center, or that are required to be obtained from other
recycling centers.
   (B) Consumer transaction receipts.
   (C) Consumer transaction logs.
   (D) Rejected container receipts on materials subject to this
division.
   (E) Receipts for transactions with beverage manufacturers on
materials subject to this division.
   (F) Receipts for transactions with beverage distributors on
materials subject to this division.
   (G) Documents authorizing the recycling center to cancel empty
beverage containers.
   (H) Weight tickets.
   (8) In addition to the requirements of paragraph (7), a certified
recycling center shall cooperate with the department and make
available its records of scrap transactions when the review of these
records is necessary for an audit or investigation by the department.
   (c) The department may recover, in restitution pursuant to
paragraph (5) of subdivision (c) of Section 14591.2, payments made
from the fund to the certified recycling center pursuant to Section
14573.5 that are based on the documents specified in paragraph (7),
that are not prepared or maintained in compliance with the department'
s regulations, and that do not allow the department to verify claims
for program payments.
   (d) The department may certify a recycling center that will
operate less than 30 hours a week, as specified in paragraph (2) of
subdivision (b) of Section 14571.


14539.  (a) The department shall certify processors pursuant to this
section. The director shall adopt, by regulation, requirements and
standards for certification. The regulations shall require, but shall
not be limited to requiring, that all of the following conditions be
met for certification:
   (1) The processor demonstrates to the satisfaction of the
department that the processor will operate in accordance with this
division.
   (2) If one or more certified entities have operated at the same
location within the past five years, the operations at the location
of the processor exhibit, to the satisfaction of the department, a
pattern of operation in compliance with the requirements of this
division and regulations adopted pursuant to this division.
   (3) The processor notifies the department promptly of any material
change in the nature of the processor's operations that conflicts
with the information submitted in the operator's application for
certification.
   (b) A certified processor shall comply with all of the following
requirements for operation:
   (1) The processor shall not pay a refund value for, or receive a
refund value from the department for, any food or drink packaging
material or any beverage container or other product that does not
have a refund value established pursuant to Section 14560.
   (2) The processor shall take those actions that satisfy the
department to prevent the payment of a refund value for any food or
drink packaging material or any beverage container or other product
that does not have a refund value established pursuant to Section
14560.
   (3) Unless exempted pursuant to subdivision (b) of Section 14572,
the processor shall accept, and pay at least the refund value for,
all empty beverage containers, regardless of type, for which the
processor is certified.
   (4) A processor shall not pay any refund values, processing
payments, or administrative fees to a noncertified recycler. A
processor may pay refund values, processing payments, or
administrative fees to any entity that is identified by the
department on its list of certified recycling centers.
   (5) A processor shall not pay any refund values, processing
payments, or administrative fees on empty beverage containers or
other containers that the processor knew, or should have known, were
coming into the state from out of the state.
   (6) A processor shall not claim refund values, processing
payments, or administrative fees on empty beverage containers that
the processor knew, or should have known, were received from
noncertified recyclers or on beverage containers that the processor
knew, or should have known, come from out of the state. A processor
may claim refund values, processing payments, or administrative fees
on any empty beverage container that does not come from out of the
state and that is received from any entity that is identified by the
department on its list of certified recycling centers.
   (7) A processor shall take the actions necessary and approved by
the department to cancel containers to render them unfit for
redemption.
   (8) A processor shall prepare or maintain the following documents
involving empty beverage containers, as specified by the department
by regulation:
   (A) Shipping reports that are required to be prepared by the
processor or that are required to be obtained from recycling centers.
   (B) Processor invoice reports.
   (C) Cancellation verification documents.
   (D) Documents authorizing recycling centers to cancel empty
beverage containers.
   (E) Processor-to-processor transaction receipts.
   (F) Rejected container receipts on materials subject to this
division.
   (G) Receipts for transactions with beverage manufacturers on
materials subject to this division.
   (H) Receipts for transactions with distributors on materials
subject to this division.
   (I) Weight tickets.
   (9) In addition to the requirements of paragraph (7), a processor
shall cooperate with the department and make available its records of
scrap transactions when the review of these records is necessary for
an audit or investigation by the department.
   (c) The department may recover, in restitution pursuant to
paragraph (5) of subdivision (c) of Section 14591.2, any payments
made by the department to the processor pursuant to Section 14573
that are based on the documents specified in paragraph (8) of
subdivision (b) of this section, that are not prepared or maintained
in compliance with the department's regulations, and that do not
allow the department to verify claims for program payments.



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 the standards and
requirements contained in the regulations for certification. The
regulations shall require that all information be submitted to the
department under penalty of perjury. The regulations shall require,
in addition to any other conditions that may be imposed by the
department, that both of the following conditions be met for
certification:
   (1) The dropoff or collection program demonstrates, to the
satisfaction of the department, that the dropoff or collection
program will operate in accordance with this division.
   (2) The dropoff or collection program notifies the department
promptly of any material change in the nature of its operations that
conflicts with the information submitted in the application for
certification.
   (b) A certified dropoff or collection program shall not receive
any refund value or processing payment on an empty beverage container
that the certified dropoff or collection program knew, or should
have known, was received from a noncertified recycler, on any
beverage container that the certified dropoff or collection program
knew or should have known came from out of this state, or any other
beverage container or other product that does not have a refund value
established pursuant to Section 14560.
   (c) The department may recover, in restitution pursuant to
paragraph (5) of subdivision (c) of Section 14591.2, any payment made
from the fund to a dropoff or collection program pursuant to Section
14573.5 that is based on a document that is not prepared or
maintained in compliance with any applicable recordkeeping
requirements required pursuant to this division or the department's
regulations and that does not allow the department to verify the
claims for those payments.



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
which the department deems necessary to promote the purposes of this
division. This division does not prohibit the department from
certifying the same location or entity as both a processor and a
recycling center.



14541.  (a) The department may issue a certificate pursuant to an
initial or renewal application for certification as probationary, and
the department may issue any other certificate as probationary
pursuant to an enforcement action.
   (b) A probationary certificate issued pursuant to this section
shall be issued for a limited period of not more than two years.
Before the end of the probationary period, the department shall issue
a nonprobationary certificate, extend the probationary period for
not more than one year, or, after notice to the probationary
certificate holder, revoke the probationary certificate. Subsequent
to the revocation, the former probationary certificate holder may
request a hearing, which, notwithstanding, Section 11445.20 of the
Government Code, shall be conducted in the same form as a hearing for
an applicant whose original application for certification is denied.
   (c) If a hearing is requested pursuant to subdivision (b) and the
party requesting the hearing fails to appear on the date scheduled,
and does not notify the department at least five days prior to the
hearing date that the party will not appear, the department may
recover from the party all costs and fees incurred by the department,
including attorneys' and experts' fees, and any other cost
associated with preparing for, or conducting, the hearing.
   (d) If conditions are imposed on the certificate holder as part of
a disciplinary proceeding conducted pursuant to Section 14591.2, the
certificate shall be considered probationary. If, at any time, the
certificate holder violates any term or condition of the probationary
certificate, the certificate may be revoked or suspended, after
three days' notice, without any further hearing by the department.




14541.5.  Any certification or registration granted by the
department is a privilege and not a vested right or interest.


State Codes and Statutes

Statutes > California > Prc > 14530-14541.5

PUBLIC RESOURCES CODE
SECTION 14530-14541.5



14530.  This division shall be administered by the department.
Notwithstanding Section 607, the department may, for organizational
purposes, create a new division, bureau, or office to administer this
division. If a new division, bureau, or office is created, any
reference to "department" or "director" in this division shall be
deemed to be a reference to that entity and the officer in charge of
that entity.



14530.1.  There is hereby created within the department a recycling
financial analysis and policy development unit, to develop, analyze,
consolidate, and evaluate economic and policy proposals to carry out
the objectives of this division, including, but not limited to, all
of the following:
   (a) Evaluate the solvency of the fund on an ongoing basis in order
to make recommendations and report to the Legislature.
   (b) Identify the fiscal impacts of proposed recycling programs, or
changes to existing recycling programs.
   (c) Assess the economic impacts of recycling proposals and
programs on the state's citizens and businesses, including the impact
of adding new container types into existing law.
   (d) Develop recommendations to better integrate the various
recycling alternatives available from state government, local
government, and private industry with the objective of reducing
recycling costs to citizens and businesses and meeting the 80-percent
recycling goal established by this division.



14530.2.  The Division of Recycling shall be administered by an
assistant director who is appointed by the Governor. The appointment
shall be exempt from civil service.



14530.5.  (a) For purposes of entering into contracts for
consulting, promotional, or advisory services necessary to implement
this division, the requirements of Sections 11042 and 14615 of the
Government Code and Sections 10295 and 10318 of the Public Contract
Code do not apply to the activities of the department pursuant to
this division, except that any sole source contract awarded by the
department shall be reviewed and approved by the Department of
General Services.
   (b) In addition to any regulations which the department is
required by statute to adopt, the department may adopt any other
rules and regulations pursuant to Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code which the department determines may be necessary or useful to
carry out this division or any of the department's duties or
responsibilities imposed pursuant to this division.
   (c) The department may prepare, publish, and issue printed
pamphlets, promotional materials, and bulletins which the director
determines to be necessary for the dissemination of information to
the public concerning the activities of the department pursuant to
this division.


14530.6.  Upon the request of the department, the Attorney General
shall represent the department and the state in litigation concerning
affairs of the department.



14536.  (a) Except as provided in subdivision (b), the director
shall adopt, amend, or repeal all rules and regulations in accordance
with Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code.
   (b) (1) The director shall adopt regulations, and may adopt
emergency regulations for the purposes of implementing Sections
14538, 14539, 14541, 14549.1, 14549.2, 14549.7, 14550, 14561, 14574,
14575, 14585, 14588.1, 14588.2, and 14591.
   (2) Any emergency regulations, if adopted, shall be adopted in
accordance with Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code, and for the
purposes of that chapter, including Section 11349.6 of the Government
Code, the adoption of these regulations is an emergency and shall be
considered by the Office of Administrative Law as necessary for the
immediate preservation of the public peace, health and safety, and
general welfare. Notwithstanding Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code,
including subdivision (e) of Section 11346.1 of the Government Code,
any emergency regulations adopted pursuant to this section shall be
filed with, but not be repealed by, the Office of Administrative Law
and shall remain in effect until revised by the director.



14536.1.  Notwithstanding Section 14536, if the department
determines that it is necessary to adopt or amend regulations to
implement Section 14575, the department may adopt or amend those
regulations as emergency regulations. The Office of Administrative
Law shall consider those regulations to be necessary for the
immediate preservation of the public peace, health and safety, and
general welfare for purposes of Section 11349.6 of the Government
Code. Notwithstanding subdivision (e) of Section 11346.1 of the
Government Code, the emergency regulations adopted or amended
pursuant to this section shall be repealed 180 days after the
effective date of the regulations, unless the department complies
with Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code.



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.
   (b) Notwithstanding subdivision (a), the Department of Food and
Agriculture may, as requested by the department, collect, compile,
and report information regarding the importation of filled or
postfilled beverage containers. Border agricultural inspection
stations and any other appropriate information gathering focal points
may be used and the plant quarantine officers and supervisors of the
Department of Food and Agriculture shall collect, compile, and
report information requested by the department pursuant to this
subdivision. Recovery of costs incurred by the Department of Food and
Agriculture shall be accomplished through an interagency agreement
with the department.



14537.  The department shall keep accurate books, records, and
accounts of all of its dealings, and these books, records, and
accounts are subject to an annual audit by an auditing firm selected
by the department. The auditing firm or the department shall also
conduct a selective audit of entities making payments to, or
receiving payments from, the department to determine whether
redemption payments and applicable processing fees are being paid to
the department on all beverage containers sold in California, and
that refund values and processing payments are being paid out
properly by the department.



14538.  (a) The department shall certify the operators of recycling
centers pursuant to this section. The director shall adopt, by
regulation, a procedure for the certification of recycling centers,
including standards and requirements for certification. These
regulations shall require that all information be submitted to the
department under penalty of perjury. A recycling center shall meet
all of the standards and requirements contained in the regulations
for certification. The regulations shall require, but shall not be
limited to requiring, that all of the following conditions be met for
certification:
   (1) The operator of the recycling center demonstrates, to the
satisfaction of the department, that the operator will operate in
accordance with this division.
   (2) If one or more certified entities have operated at the same
location within the past five years, the operations at the location
of the recycling center exhibit, to the satisfaction of the
department, a pattern of operation in compliance with the
requirements of this division and regulations adopted pursuant to
this division.
   (3) The operator of the recycling center notifies the department
promptly of any material change in the nature of his or her
operations which conflicts with information submitted in the operator'
s application for certification.
   (b) A certified recycling center shall comply with all of the
following requirements for operation:
   (1) The operator of the recycling center shall not pay a refund
value for, or receive a refund value from any processor for, any food
or drink packaging material or any beverage container or other
product that does not have a refund value established pursuant to
Section 14560.
   (2) The operator of a recycling center shall take those actions
that satisfy the department to prevent the payment of a refund value
for any food or drink packaging material or any beverage container or
other product that does not have a refund value established pursuant
to Section 14560.
   (3) Unless exempted pursuant to subdivision (b) of Section 14572,
a certified recycling center shall accept, and pay at least the
refund value for, all empty beverage containers, regardless of type.
   (4) A certified recycling center shall not pay any refund values,
processing payments, or administrative fees to a noncertified
recycler.
   (5) A certified recycling center shall not pay any refund values,
processing payments, or administrative fees on empty beverage
containers or other containers that the certified recycling center
knew, or should have known, were coming into the state from out of
the state.
   (6) A certified recycling center shall not claim refund values,
processing payments, or administrative fees on empty beverage
containers that the certified recycling center knew, or should have
known, were received from noncertified recyclers or on beverage
containers that the certified recycling center knew, or should have
known, come from out of the state.
   (7) A certified recycling center shall prepare and maintain the
following documents involving empty beverage containers, as specified
by the department by regulation:
   (A) Shipping reports that are required to be prepared by the
recycling center, or that are required to be obtained from other
recycling centers.
   (B) Consumer transaction receipts.
   (C) Consumer transaction logs.
   (D) Rejected container receipts on materials subject to this
division.
   (E) Receipts for transactions with beverage manufacturers on
materials subject to this division.
   (F) Receipts for transactions with beverage distributors on
materials subject to this division.
   (G) Documents authorizing the recycling center to cancel empty
beverage containers.
   (H) Weight tickets.
   (8) In addition to the requirements of paragraph (7), a certified
recycling center shall cooperate with the department and make
available its records of scrap transactions when the review of these
records is necessary for an audit or investigation by the department.
   (c) The department may recover, in restitution pursuant to
paragraph (5) of subdivision (c) of Section 14591.2, payments made
from the fund to the certified recycling center pursuant to Section
14573.5 that are based on the documents specified in paragraph (7),
that are not prepared or maintained in compliance with the department'
s regulations, and that do not allow the department to verify claims
for program payments.
   (d) The department may certify a recycling center that will
operate less than 30 hours a week, as specified in paragraph (2) of
subdivision (b) of Section 14571.


14539.  (a) The department shall certify processors pursuant to this
section. The director shall adopt, by regulation, requirements and
standards for certification. The regulations shall require, but shall
not be limited to requiring, that all of the following conditions be
met for certification:
   (1) The processor demonstrates to the satisfaction of the
department that the processor will operate in accordance with this
division.
   (2) If one or more certified entities have operated at the same
location within the past five years, the operations at the location
of the processor exhibit, to the satisfaction of the department, a
pattern of operation in compliance with the requirements of this
division and regulations adopted pursuant to this division.
   (3) The processor notifies the department promptly of any material
change in the nature of the processor's operations that conflicts
with the information submitted in the operator's application for
certification.
   (b) A certified processor shall comply with all of the following
requirements for operation:
   (1) The processor shall not pay a refund value for, or receive a
refund value from the department for, any food or drink packaging
material or any beverage container or other product that does not
have a refund value established pursuant to Section 14560.
   (2) The processor shall take those actions that satisfy the
department to prevent the payment of a refund value for any food or
drink packaging material or any beverage container or other product
that does not have a refund value established pursuant to Section
14560.
   (3) Unless exempted pursuant to subdivision (b) of Section 14572,
the processor shall accept, and pay at least the refund value for,
all empty beverage containers, regardless of type, for which the
processor is certified.
   (4) A processor shall not pay any refund values, processing
payments, or administrative fees to a noncertified recycler. A
processor may pay refund values, processing payments, or
administrative fees to any entity that is identified by the
department on its list of certified recycling centers.
   (5) A processor shall not pay any refund values, processing
payments, or administrative fees on empty beverage containers or
other containers that the processor knew, or should have known, were
coming into the state from out of the state.
   (6) A processor shall not claim refund values, processing
payments, or administrative fees on empty beverage containers that
the processor knew, or should have known, were received from
noncertified recyclers or on beverage containers that the processor
knew, or should have known, come from out of the state. A processor
may claim refund values, processing payments, or administrative fees
on any empty beverage container that does not come from out of the
state and that is received from any entity that is identified by the
department on its list of certified recycling centers.
   (7) A processor shall take the actions necessary and approved by
the department to cancel containers to render them unfit for
redemption.
   (8) A processor shall prepare or maintain the following documents
involving empty beverage containers, as specified by the department
by regulation:
   (A) Shipping reports that are required to be prepared by the
processor or that are required to be obtained from recycling centers.
   (B) Processor invoice reports.
   (C) Cancellation verification documents.
   (D) Documents authorizing recycling centers to cancel empty
beverage containers.
   (E) Processor-to-processor transaction receipts.
   (F) Rejected container receipts on materials subject to this
division.
   (G) Receipts for transactions with beverage manufacturers on
materials subject to this division.
   (H) Receipts for transactions with distributors on materials
subject to this division.
   (I) Weight tickets.
   (9) In addition to the requirements of paragraph (7), a processor
shall cooperate with the department and make available its records of
scrap transactions when the review of these records is necessary for
an audit or investigation by the department.
   (c) The department may recover, in restitution pursuant to
paragraph (5) of subdivision (c) of Section 14591.2, any payments
made by the department to the processor pursuant to Section 14573
that are based on the documents specified in paragraph (8) of
subdivision (b) of this section, that are not prepared or maintained
in compliance with the department's regulations, and that do not
allow the department to verify claims for program payments.



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 the standards and
requirements contained in the regulations for certification. The
regulations shall require that all information be submitted to the
department under penalty of perjury. The regulations shall require,
in addition to any other conditions that may be imposed by the
department, that both of the following conditions be met for
certification:
   (1) The dropoff or collection program demonstrates, to the
satisfaction of the department, that the dropoff or collection
program will operate in accordance with this division.
   (2) The dropoff or collection program notifies the department
promptly of any material change in the nature of its operations that
conflicts with the information submitted in the application for
certification.
   (b) A certified dropoff or collection program shall not receive
any refund value or processing payment on an empty beverage container
that the certified dropoff or collection program knew, or should
have known, was received from a noncertified recycler, on any
beverage container that the certified dropoff or collection program
knew or should have known came from out of this state, or any other
beverage container or other product that does not have a refund value
established pursuant to Section 14560.
   (c) The department may recover, in restitution pursuant to
paragraph (5) of subdivision (c) of Section 14591.2, any payment made
from the fund to a dropoff or collection program pursuant to Section
14573.5 that is based on a document that is not prepared or
maintained in compliance with any applicable recordkeeping
requirements required pursuant to this division or the department's
regulations and that does not allow the department to verify the
claims for those payments.



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
which the department deems necessary to promote the purposes of this
division. This division does not prohibit the department from
certifying the same location or entity as both a processor and a
recycling center.



14541.  (a) The department may issue a certificate pursuant to an
initial or renewal application for certification as probationary, and
the department may issue any other certificate as probationary
pursuant to an enforcement action.
   (b) A probationary certificate issued pursuant to this section
shall be issued for a limited period of not more than two years.
Before the end of the probationary period, the department shall issue
a nonprobationary certificate, extend the probationary period for
not more than one year, or, after notice to the probationary
certificate holder, revoke the probationary certificate. Subsequent
to the revocation, the former probationary certificate holder may
request a hearing, which, notwithstanding, Section 11445.20 of the
Government Code, shall be conducted in the same form as a hearing for
an applicant whose original application for certification is denied.
   (c) If a hearing is requested pursuant to subdivision (b) and the
party requesting the hearing fails to appear on the date scheduled,
and does not notify the department at least five days prior to the
hearing date that the party will not appear, the department may
recover from the party all costs and fees incurred by the department,
including attorneys' and experts' fees, and any other cost
associated with preparing for, or conducting, the hearing.
   (d) If conditions are imposed on the certificate holder as part of
a disciplinary proceeding conducted pursuant to Section 14591.2, the
certificate shall be considered probationary. If, at any time, the
certificate holder violates any term or condition of the probationary
certificate, the certificate may be revoked or suspended, after
three days' notice, without any further hearing by the department.




14541.5.  Any certification or registration granted by the
department is a privilege and not a vested right or interest.



State Codes and Statutes

State Codes and Statutes

Statutes > California > Prc > 14530-14541.5

PUBLIC RESOURCES CODE
SECTION 14530-14541.5



14530.  This division shall be administered by the department.
Notwithstanding Section 607, the department may, for organizational
purposes, create a new division, bureau, or office to administer this
division. If a new division, bureau, or office is created, any
reference to "department" or "director" in this division shall be
deemed to be a reference to that entity and the officer in charge of
that entity.



14530.1.  There is hereby created within the department a recycling
financial analysis and policy development unit, to develop, analyze,
consolidate, and evaluate economic and policy proposals to carry out
the objectives of this division, including, but not limited to, all
of the following:
   (a) Evaluate the solvency of the fund on an ongoing basis in order
to make recommendations and report to the Legislature.
   (b) Identify the fiscal impacts of proposed recycling programs, or
changes to existing recycling programs.
   (c) Assess the economic impacts of recycling proposals and
programs on the state's citizens and businesses, including the impact
of adding new container types into existing law.
   (d) Develop recommendations to better integrate the various
recycling alternatives available from state government, local
government, and private industry with the objective of reducing
recycling costs to citizens and businesses and meeting the 80-percent
recycling goal established by this division.



14530.2.  The Division of Recycling shall be administered by an
assistant director who is appointed by the Governor. The appointment
shall be exempt from civil service.



14530.5.  (a) For purposes of entering into contracts for
consulting, promotional, or advisory services necessary to implement
this division, the requirements of Sections 11042 and 14615 of the
Government Code and Sections 10295 and 10318 of the Public Contract
Code do not apply to the activities of the department pursuant to
this division, except that any sole source contract awarded by the
department shall be reviewed and approved by the Department of
General Services.
   (b) In addition to any regulations which the department is
required by statute to adopt, the department may adopt any other
rules and regulations pursuant to Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code which the department determines may be necessary or useful to
carry out this division or any of the department's duties or
responsibilities imposed pursuant to this division.
   (c) The department may prepare, publish, and issue printed
pamphlets, promotional materials, and bulletins which the director
determines to be necessary for the dissemination of information to
the public concerning the activities of the department pursuant to
this division.


14530.6.  Upon the request of the department, the Attorney General
shall represent the department and the state in litigation concerning
affairs of the department.



14536.  (a) Except as provided in subdivision (b), the director
shall adopt, amend, or repeal all rules and regulations in accordance
with Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code.
   (b) (1) The director shall adopt regulations, and may adopt
emergency regulations for the purposes of implementing Sections
14538, 14539, 14541, 14549.1, 14549.2, 14549.7, 14550, 14561, 14574,
14575, 14585, 14588.1, 14588.2, and 14591.
   (2) Any emergency regulations, if adopted, shall be adopted in
accordance with Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code, and for the
purposes of that chapter, including Section 11349.6 of the Government
Code, the adoption of these regulations is an emergency and shall be
considered by the Office of Administrative Law as necessary for the
immediate preservation of the public peace, health and safety, and
general welfare. Notwithstanding Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code,
including subdivision (e) of Section 11346.1 of the Government Code,
any emergency regulations adopted pursuant to this section shall be
filed with, but not be repealed by, the Office of Administrative Law
and shall remain in effect until revised by the director.



14536.1.  Notwithstanding Section 14536, if the department
determines that it is necessary to adopt or amend regulations to
implement Section 14575, the department may adopt or amend those
regulations as emergency regulations. The Office of Administrative
Law shall consider those regulations to be necessary for the
immediate preservation of the public peace, health and safety, and
general welfare for purposes of Section 11349.6 of the Government
Code. Notwithstanding subdivision (e) of Section 11346.1 of the
Government Code, the emergency regulations adopted or amended
pursuant to this section shall be repealed 180 days after the
effective date of the regulations, unless the department complies
with Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code.



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.
   (b) Notwithstanding subdivision (a), the Department of Food and
Agriculture may, as requested by the department, collect, compile,
and report information regarding the importation of filled or
postfilled beverage containers. Border agricultural inspection
stations and any other appropriate information gathering focal points
may be used and the plant quarantine officers and supervisors of the
Department of Food and Agriculture shall collect, compile, and
report information requested by the department pursuant to this
subdivision. Recovery of costs incurred by the Department of Food and
Agriculture shall be accomplished through an interagency agreement
with the department.



14537.  The department shall keep accurate books, records, and
accounts of all of its dealings, and these books, records, and
accounts are subject to an annual audit by an auditing firm selected
by the department. The auditing firm or the department shall also
conduct a selective audit of entities making payments to, or
receiving payments from, the department to determine whether
redemption payments and applicable processing fees are being paid to
the department on all beverage containers sold in California, and
that refund values and processing payments are being paid out
properly by the department.



14538.  (a) The department shall certify the operators of recycling
centers pursuant to this section. The director shall adopt, by
regulation, a procedure for the certification of recycling centers,
including standards and requirements for certification. These
regulations shall require that all information be submitted to the
department under penalty of perjury. A recycling center shall meet
all of the standards and requirements contained in the regulations
for certification. The regulations shall require, but shall not be
limited to requiring, that all of the following conditions be met for
certification:
   (1) The operator of the recycling center demonstrates, to the
satisfaction of the department, that the operator will operate in
accordance with this division.
   (2) If one or more certified entities have operated at the same
location within the past five years, the operations at the location
of the recycling center exhibit, to the satisfaction of the
department, a pattern of operation in compliance with the
requirements of this division and regulations adopted pursuant to
this division.
   (3) The operator of the recycling center notifies the department
promptly of any material change in the nature of his or her
operations which conflicts with information submitted in the operator'
s application for certification.
   (b) A certified recycling center shall comply with all of the
following requirements for operation:
   (1) The operator of the recycling center shall not pay a refund
value for, or receive a refund value from any processor for, any food
or drink packaging material or any beverage container or other
product that does not have a refund value established pursuant to
Section 14560.
   (2) The operator of a recycling center shall take those actions
that satisfy the department to prevent the payment of a refund value
for any food or drink packaging material or any beverage container or
other product that does not have a refund value established pursuant
to Section 14560.
   (3) Unless exempted pursuant to subdivision (b) of Section 14572,
a certified recycling center shall accept, and pay at least the
refund value for, all empty beverage containers, regardless of type.
   (4) A certified recycling center shall not pay any refund values,
processing payments, or administrative fees to a noncertified
recycler.
   (5) A certified recycling center shall not pay any refund values,
processing payments, or administrative fees on empty beverage
containers or other containers that the certified recycling center
knew, or should have known, were coming into the state from out of
the state.
   (6) A certified recycling center shall not claim refund values,
processing payments, or administrative fees on empty beverage
containers that the certified recycling center knew, or should have
known, were received from noncertified recyclers or on beverage
containers that the certified recycling center knew, or should have
known, come from out of the state.
   (7) A certified recycling center shall prepare and maintain the
following documents involving empty beverage containers, as specified
by the department by regulation:
   (A) Shipping reports that are required to be prepared by the
recycling center, or that are required to be obtained from other
recycling centers.
   (B) Consumer transaction receipts.
   (C) Consumer transaction logs.
   (D) Rejected container receipts on materials subject to this
division.
   (E) Receipts for transactions with beverage manufacturers on
materials subject to this division.
   (F) Receipts for transactions with beverage distributors on
materials subject to this division.
   (G) Documents authorizing the recycling center to cancel empty
beverage containers.
   (H) Weight tickets.
   (8) In addition to the requirements of paragraph (7), a certified
recycling center shall cooperate with the department and make
available its records of scrap transactions when the review of these
records is necessary for an audit or investigation by the department.
   (c) The department may recover, in restitution pursuant to
paragraph (5) of subdivision (c) of Section 14591.2, payments made
from the fund to the certified recycling center pursuant to Section
14573.5 that are based on the documents specified in paragraph (7),
that are not prepared or maintained in compliance with the department'
s regulations, and that do not allow the department to verify claims
for program payments.
   (d) The department may certify a recycling center that will
operate less than 30 hours a week, as specified in paragraph (2) of
subdivision (b) of Section 14571.


14539.  (a) The department shall certify processors pursuant to this
section. The director shall adopt, by regulation, requirements and
standards for certification. The regulations shall require, but shall
not be limited to requiring, that all of the following conditions be
met for certification:
   (1) The processor demonstrates to the satisfaction of the
department that the processor will operate in accordance with this
division.
   (2) If one or more certified entities have operated at the same
location within the past five years, the operations at the location
of the processor exhibit, to the satisfaction of the department, a
pattern of operation in compliance with the requirements of this
division and regulations adopted pursuant to this division.
   (3) The processor notifies the department promptly of any material
change in the nature of the processor's operations that conflicts
with the information submitted in the operator's application for
certification.
   (b) A certified processor shall comply with all of the following
requirements for operation:
   (1) The processor shall not pay a refund value for, or receive a
refund value from the department for, any food or drink packaging
material or any beverage container or other product that does not
have a refund value established pursuant to Section 14560.
   (2) The processor shall take those actions that satisfy the
department to prevent the payment of a refund value for any food or
drink packaging material or any beverage container or other product
that does not have a refund value established pursuant to Section
14560.
   (3) Unless exempted pursuant to subdivision (b) of Section 14572,
the processor shall accept, and pay at least the refund value for,
all empty beverage containers, regardless of type, for which the
processor is certified.
   (4) A processor shall not pay any refund values, processing
payments, or administrative fees to a noncertified recycler. A
processor may pay refund values, processing payments, or
administrative fees to any entity that is identified by the
department on its list of certified recycling centers.
   (5) A processor shall not pay any refund values, processing
payments, or administrative fees on empty beverage containers or
other containers that the processor knew, or should have known, were
coming into the state from out of the state.
   (6) A processor shall not claim refund values, processing
payments, or administrative fees on empty beverage containers that
the processor knew, or should have known, were received from
noncertified recyclers or on beverage containers that the processor
knew, or should have known, come from out of the state. A processor
may claim refund values, processing payments, or administrative fees
on any empty beverage container that does not come from out of the
state and that is received from any entity that is identified by the
department on its list of certified recycling centers.
   (7) A processor shall take the actions necessary and approved by
the department to cancel containers to render them unfit for
redemption.
   (8) A processor shall prepare or maintain the following documents
involving empty beverage containers, as specified by the department
by regulation:
   (A) Shipping reports that are required to be prepared by the
processor or that are required to be obtained from recycling centers.
   (B) Processor invoice reports.
   (C) Cancellation verification documents.
   (D) Documents authorizing recycling centers to cancel empty
beverage containers.
   (E) Processor-to-processor transaction receipts.
   (F) Rejected container receipts on materials subject to this
division.
   (G) Receipts for transactions with beverage manufacturers on
materials subject to this division.
   (H) Receipts for transactions with distributors on materials
subject to this division.
   (I) Weight tickets.
   (9) In addition to the requirements of paragraph (7), a processor
shall cooperate with the department and make available its records of
scrap transactions when the review of these records is necessary for
an audit or investigation by the department.
   (c) The department may recover, in restitution pursuant to
paragraph (5) of subdivision (c) of Section 14591.2, any payments
made by the department to the processor pursuant to Section 14573
that are based on the documents specified in paragraph (8) of
subdivision (b) of this section, that are not prepared or maintained
in compliance with the department's regulations, and that do not
allow the department to verify claims for program payments.



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 the standards and
requirements contained in the regulations for certification. The
regulations shall require that all information be submitted to the
department under penalty of perjury. The regulations shall require,
in addition to any other conditions that may be imposed by the
department, that both of the following conditions be met for
certification:
   (1) The dropoff or collection program demonstrates, to the
satisfaction of the department, that the dropoff or collection
program will operate in accordance with this division.
   (2) The dropoff or collection program notifies the department
promptly of any material change in the nature of its operations that
conflicts with the information submitted in the application for
certification.
   (b) A certified dropoff or collection program shall not receive
any refund value or processing payment on an empty beverage container
that the certified dropoff or collection program knew, or should
have known, was received from a noncertified recycler, on any
beverage container that the certified dropoff or collection program
knew or should have known came from out of this state, or any other
beverage container or other product that does not have a refund value
established pursuant to Section 14560.
   (c) The department may recover, in restitution pursuant to
paragraph (5) of subdivision (c) of Section 14591.2, any payment made
from the fund to a dropoff or collection program pursuant to Section
14573.5 that is based on a document that is not prepared or
maintained in compliance with any applicable recordkeeping
requirements required pursuant to this division or the department's
regulations and that does not allow the department to verify the
claims for those payments.



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
which the department deems necessary to promote the purposes of this
division. This division does not prohibit the department from
certifying the same location or entity as both a processor and a
recycling center.



14541.  (a) The department may issue a certificate pursuant to an
initial or renewal application for certification as probationary, and
the department may issue any other certificate as probationary
pursuant to an enforcement action.
   (b) A probationary certificate issued pursuant to this section
shall be issued for a limited period of not more than two years.
Before the end of the probationary period, the department shall issue
a nonprobationary certificate, extend the probationary period for
not more than one year, or, after notice to the probationary
certificate holder, revoke the probationary certificate. Subsequent
to the revocation, the former probationary certificate holder may
request a hearing, which, notwithstanding, Section 11445.20 of the
Government Code, shall be conducted in the same form as a hearing for
an applicant whose original application for certification is denied.
   (c) If a hearing is requested pursuant to subdivision (b) and the
party requesting the hearing fails to appear on the date scheduled,
and does not notify the department at least five days prior to the
hearing date that the party will not appear, the department may
recover from the party all costs and fees incurred by the department,
including attorneys' and experts' fees, and any other cost
associated with preparing for, or conducting, the hearing.
   (d) If conditions are imposed on the certificate holder as part of
a disciplinary proceeding conducted pursuant to Section 14591.2, the
certificate shall be considered probationary. If, at any time, the
certificate holder violates any term or condition of the probationary
certificate, the certificate may be revoked or suspended, after
three days' notice, without any further hearing by the department.




14541.5.  Any certification or registration granted by the
department is a privilege and not a vested right or interest.


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