14549. (a) 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.
(b) 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.
(c) A glass container manufacturer may seek a reduction or waiver
of the minimum postfilled glass percentage required to be used in the
manufacture of glass food, drink, or beverage containers pursuant to
subdivision (b). The department may grant a reduction or waiver of
the percentage requirement if it finds and determines that it is
technologically infeasible for the glass container manufacturer to
achieve the percentage requirement or if the department determines
that a glass container manufacturer cannot achieve the minimum
percentage because of a lack of available glass cullet.
(d) For the purposes of this section, "mixed-color cullet" means
cullet that does not meet the American Society for Testing and
Materials (ASTM) standard specifications for color mix of color
sorted postfilled glass as raw material for the manufacture of glass
containers.
14549.1. (a) In order to improve the quality and marketability of
empty beverage containers collected for recycling in the state by
curbside recycling programs or dropoff or collection programs, the
department may, consistent with Section 14581 and subject to the
availability of funds, pay a quality incentive payment for each
material type, as specified in subdivision (c).
(b) The department may make a quality incentive payment pursuant
to this section to either an operator of a curbside recycling program
registered pursuant to Section 14551.5, or to any other entity
certified pursuant to this division.
(c) Subject to subdivision (a), the department shall pay a quality
incentive payment for each type of beverage container material in
accordance with the following conditions:
(1) For quality incentive payments for empty glass beverage
containers, all of the following shall apply:
(A) The department may make a quality incentive payment only for
color-sorted glass beverage containers that are substantially free of
contamination.
(B) The department may make a quality incentive payment for empty
glass beverage containers that are either collected color sorted by
curbside recycling programs or dropoff or collection programs, or
that are collected mixed color by curbside recycling programs or
dropoff or collection programs and are subsequently color sorted by
the collector or any other entity certified pursuant to this
division.
(C) The amount of the quality incentive payment for empty glass
beverage containers shall be up to sixty dollars ($60) per ton, as
determined by the department.
(2) For quality incentive payments for empty plastic beverage
containers, both of the following shall apply:
(A) The department may make a quality incentive payment only for
plastic beverage containers collected by curbside recycling programs
or dropoff or collection programs, that are sorted by resin type,
consistent with any quality specifications that the department may
adopt.
(B) The amount of the quality plastic incentive payment shall be
up to one hundred eighty dollars ($180) per ton, as determined by the
department.
(3) For quality payments for empty aluminum beverage containers,
all of the following shall apply:
(A) The department may make a quality incentive payment only for
aluminum beverage containers that are free of any and all metallic
and nonmetallic items, other than used aluminum containers.
(B) The department may make a quality incentive payment for empty
aluminum beverage containers that are collected commingled by
curbside recycling programs or dropoff or collection programs, and
subsequently cleaned by the collector or any other entity certified
pursuant to this division, of any and all metallic and nonmetallic
items, other than used aluminum containers, consistent with any
quality specifications that the department may adopt.
(C) The amount of the quality incentive payment for empty aluminum
beverage containers shall be up to one hundred twenty-five dollars
($125) per ton, as determined by the department.
(d) An operator of a curbside recycling program or any other
certified entity receiving a quality incentive payment shall make
available for inspection and review any relevant record that the
department determines is necessary to verify the accuracy of data
upon which the quality incentive payment is based and the operator's
or certified entity's compliance with any applicable regulation.
(e) The department may make only one quality incentive payment for
each empty beverage container collected pursuant to this section.
(f) This section shall become operative on January 1, 2007.
14549.2. (a) For purposes of this section, the following
definitions shall apply:
(1) "Certified entity" means a recycling center, processor, or
dropoff or collection program certified pursuant to this division.
(2) "Product manufacturer" means any person who manufactures a
plastic product in this state.
(b) In order to develop California markets for empty plastic
beverage containers collected for recycling in the state, the
department may, consistent with Section 14581 and subject to the
availability of funds, pay a market development payment to a
certified entity or product manufacturer for empty plastic beverage
containers collected and managed pursuant to this section.
(c) The department shall make a market development payment to a
certified entity or product manufacturer in accordance with this
section, only if the plastic beverage container is collected and
either recycled or used in manufacturing, in the state, as follows:
(1) The department shall make a market development payment to a
certified entity for empty plastic beverage containers that are
collected for recycling in the state, that are subsequently washed
and processed by a certified entity into a flake, pellet, or other
form in the state, and made usable for the manufacture of a plastic
product by a product manufacturer.
(2) The department shall make a market development payment to a
product manufacturer for empty plastic beverage containers that are
collected for recycling in the state, that are subsequently washed
and processed into a flake, pellet or other form in the state, and
used by that product manufacturer to manufacture a product in this
state.
(3) The department shall determine the amount of the market
development payment, which may be set at a different level for a
certified entity and a product manufacturer, but shall not exceed one
hundred fifty dollars ($150) per ton.
(4) The department may make a market development payment to both a
certified entity and a product manufacturer for the same empty
plastic beverage container.
(d) This section shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date.
14549.5. On or before the 90th day after the effective date of the
act amending this section, and annually thereafter, or more
frequently as determined to be necessary by the department, the
department shall review and, if necessary in order to ensure payment
of the most accurate commingled rate feasible, recalculate commingled
rates paid for beverage containers and postfilled containers paid to
curbside recycling programs, collection programs, and recycling
centers. Prior to recalculating a commingled rate pursuant to this
section, the department shall do all of the following:
(a) Consult with private and public operators of curbside
recycling programs, collection programs, and recycling centers
concerning the size of the statewide sample, appropriate sampling
methodologies, and alternatives to exclusive reliance on a statewide
commingled rate.
(b) At least 60 days prior to the effective date of any new
commingled rate, hold a public hearing, after giving notice, to make
available to the public and affected parties the department's review
and any proposed recalculations of the commingled rate.
(c) At least 60 days prior to the effective date of any new
commingled rate, and upon the request of any party, make available
documentation or studies which were prepared as part of the
department's review of a commingled rate.
(d) (1) Notwithstanding this division, the department may
calculate a curbside recycling program commingled rate pursuant to
this subdivision for bimetal containers and a combined commingled
rate for all plastic beverage containers displaying the resin
identification code "3," "4," "5," "6," or "7" pursuant to Section
18015.
(2) The department may enter into a contract for the services
required to implement the amendments to this section made by the act
of the first half of the 2003-04 Regular Session of the Legislature
amending this section. The department may not expend more than two
hundred fifty thousand dollars ($250,000) for each year of the
contract. The contract shall be paid only from revenues derived from
redemption payments and processing fees paid on plastic beverage
containers displaying the resin identification code "3," "4," "5,"
"6," or "7" pursuant to Section 18015. If the department determines
that insufficient funds will be available from these revenues, after
refund values are paid to processors and the reduction is made in the
processing fee pursuant to subdivision (f) of Section 14575 for
these containers, the department may determine not to calculate a
commingled rate pursuant to this subdivision.
14549.6. (a) The department, consistent with Section 14581 and
subject to the availability of funds, shall annually pay a total of
fifteen million dollars ($15,000,000) per fiscal year to operators of
curbside programs and neighborhood dropoff programs that accept all
types of empty beverage containers for recycling. The payments shall
be for each container collected by the curbside or neighborhood
dropoff programs and properly reported to the department by
processors, based upon all of the following:
(1) The payment amount shall be calculated based upon the volume
of beverage containers collected by curbside and neighborhood dropoff
programs during the 12-month calendar year ending on December 31 of
the fiscal year for which payments are to be made.
(2) The per-container rate shall be calculated by dividing the
total volume of beverage containers collected, as determined pursuant
to paragraph (1), into the sum of fifteen million dollars
($15,000,000).
(3) The amount to be paid to each operator of a curbside program
or neighborhood dropoff program shall be based upon the per-container
rate, calculated pursuant to paragraph (2), multiplied by the
program's total reported beverage container volume calculated
pursuant to paragraph (1).
(b) The amounts paid pursuant to this section shall be expended by
operators of curbside and neighborhood dropoff programs only for
activities related to beverage container recycling.
(c) The department shall disburse payments pursuant to this
section not later than the end of the fiscal year following the
calendar year for which the payments are calculated pursuant to
paragraph (1) of subdivision (a), subject to the availability of
funds.
(d) The operator of a curbside program or neighborhood dropoff
program shall make available for inspection and review any relevant
record that the department determines is necessary to verify
compliance with this section.
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 recycling centers and curbside programs for
recycling, and the scrap value paid for glass, PET, and bimetal
containers and any beverage container that is assessed a processing
fee. 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. These reports shall be submitted
within 10 days after each month, in the form and manner that the
department may prescribe.
(2) The department shall treat all information reported pursuant
to this section by a processor as commercial or financial information
subject to the procedures established pursuant to Section 14554.
(b) Every distributor who sells or offers for sale in this state
beverages in aluminum beverage containers, nonaluminum metal beverage
containers, glass beverage containers, plastic beverage containers,
or other beverage containers, including refillable beverage
containers of these types, shall report to the department for each
month the number of beverages sold in these beverage containers in
this state which are labeled pursuant to Section 14561, by material
type and size and weight of container or any other method as the
department may prescribe. These reports shall be submitted by the day
when payment is due, consistent with the applicable payment schedule
specified in subdivision (a) of Section 14574, in the form and
manner which the department may prescribe.
(c) Every distributor who sells or offers for sale in this state
beverages in refillable beverage containers and who pays a refund
value to distributors, dealers, or consumers who return these
containers for refilling, shall report to the department for each
month the number of these beverage containers returned empty to be
refilled, by material type and size of container or any other method
which the department may prescribe. These reports shall be submitted
by the day when payment is due, consistent with the schedule
specified in subdivision (a) of Section 14574, in the form and manner
which the department may prescribe.
(d) Notwithstanding subdivision (b), a distributor who elects to
make an annual payment pursuant to subdivision (b) of Section 14574
may, upon the approval of the department, submit the reports required
by this section annually to the department. The reports shall
accompany the annual payment submitted pursuant to Section 14574.
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:
(1) Sales of beverages in aluminum beverage containers, bimetal
beverage containers, glass beverage containers, plastic beverage
containers, and other beverage containers in this state, including
refillable beverage containers.
(2) Returns for recycling, and returns not for recycling, of empty
aluminum beverage containers, bimetal beverage containers, glass
beverage containers, plastic beverage containers, and other beverage
containers in this state, including refillable beverage containers
returned to distributors pursuant to Section 14572.5. These numbers
shall be calculated using the average current weights of beverage
containers, as determined and reported by the department. To these
numbers shall be added and separately reported the following, if
greater than, or equal to, zero:
(A) All empty postfilled aluminum, glass, and plastic food or
drink packaging materials sold in the state, returned for recycling,
and reported by weight to the department which do not have a refund
value less the number specified in subparagraph (B).
(B) The number of beverage containers which comprise the first
five percentage points of the redemption rate without including the
empty postfilled aluminum, glass, and plastic food or drink packaging
materials sold in the state, returned for recycling and reported by
weight to the department which do not have a refund value.
(3) An aluminum beverage container redemption rate, the numerator
of which shall be the number of empty aluminum beverage containers
returned, including refillable aluminum beverage containers and empty
postfilled aluminum food or drink packaging material included in
paragraph (2), and the denominator of which shall be the number of
aluminum beverage containers sold in this state.
(4) An aluminum beverage container recycling rate, the numerator
of which shall be the number of empty aluminum beverage containers
returned for recycling, including refillable aluminum beverage
containers, and the denominator of which shall be the number of
aluminum beverage containers sold in this state.
(5) A bimetal beverage container redemption rate, the numerator of
which shall be the number of empty bimetal beverage containers
returned, and the denominator of which shall be the number of bimetal
beverage containers sold in this state.
(6) A bimetal beverage container recycling rate, the numerator of
which shall be the number of empty bimetal containers returned for
recycling, including refillable bimetal beverage containers, and the
denominator of which shall be the number of bimetal beverage
containers sold in this state.
(7) A glass beverage container redemption rate, the numerator of
which shall be the number of empty glass beverage containers
returned, including refillable glass beverage containers and empty
postfilled food or drink packaging materials included in paragraph
(2), and the denominator of which shall be the number of glass
beverage containers sold in this state.
(8) A glass beverage container recycling rate, the numerator of
which shall be the number of empty glass beverage containers returned
for recycling, including refillable glass beverage containers, and
the denominator of which shall be the number of glass beverage
containers sold in this state.
(9) A plastic beverage container redemption rate, the numerator of
which shall be the number of empty plastic beverage containers
returned, including refillable plastic beverage containers and empty
postfilled food or drink packaging materials included in paragraph
(2), and the denominator of which shall be the number of plastic
beverage containers sold in this state.
(10) A plastic beverage container recycling rate, the numerator of
which shall be the number of empty plastic beverage containers
returned for recycling, including refillable plastic beverage
containers, and the denominator of which shall be the number of
plastic beverage containers sold in this state.
(11) A redemption rate for other beverage containers, the
numerator of which shall be the number of empty beverage containers
other than those containers specified in paragraphs (1) to (10),
inclusive, returned, and the denominator of which shall be the number
of beverage containers, other than those containers specified in
paragraphs (1) to (10), inclusive, sold in this state.
(12) A recycling rate for other beverage containers, the numerator
of which shall be the number of empty beverage containers other than
those containers specified in paragraphs (1) to (10), inclusive,
returned for recycling, and the denominator of which shall be the
number of beverage containers, other than those containers specified
in paragraphs (1) to (10), inclusive, sold in this state.
(13) The department may define categories of other beverage
containers, and report a redemption rate and a recycling rate for
each such category of other beverage containers.
(14) The volumes of materials collected from certified recycling
centers, by city or county, as requested by the city or county, if
the reporting is consistent with the procedures established pursuant
to Section 14554 to protect proprietary information.
(b) The department shall determine the manner of collecting the
information for the reports specified in subdivision (a), including
establishing procedures, to protect any proprietary information
concerning the sales and purchases.
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 which 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:
(a) The request is made in writing.
(b) All information provided by the department is provided using
the aggregate amounts collected in the city or county unless the city
or county, or an entity specifically designated by the city or
county to receive the information, requests the information provided
by each individual certified recycling center.
(c) All information provided to the governmental agency, including
a city or county, or an entity specifically designated by the city
or county to receive the information, is considered proprietary and
confidential in nature and protected in accordance with the
requirements of subdivision (b) of Section 14551 of the Public
Resources Code, Section 14554 of the Public Resources Code, and
subdivision (e) of Section 6254.5 of the Government Code.
14551.5. (a) The department shall register the operators of
curbside programs pursuant to this section.
(b) Each curbside program that receives refund values and
administrative fees from certified processors, or that receives
refund values from certified recycling centers, shall register with
the department for an identification number. No curbside program may
receive refund values or administrative fees without a valid
identification number.
(c) The director shall adopt, by regulation, a procedure for the
registration of curbside programs. This procedure shall include
standards and requirements for registration. These regulations shall
require that all information be submitted to the department under
penalty of perjury. A curbside program shall meet all of the
standards and requirements contained in the regulations for
registration.
(d) The department shall require that the identification numbers
received pursuant to this section be used on shipping reports for
material collected by curbside programs pursuant to Sections 14538
and 14539 and on all other reports or documentation required by the
department to administer this division.
(e) An operator of a curbside program registered pursuant to this
section shall be deemed a certificate holder for purposes of this
division.
14552. (a) The department shall establish and implement an auditing
system to ensure that the information collected, and refund values
and redemption payments paid pursuant to this division, comply with
the purposes of this division. Notwithstanding Sections 14573 and
14573.5, the auditing system adopted by the department may include
prepayment or postpayment controls.
(b) (1) On or after January 1 of each year, the department may
audit or investigate any action taken up to three years before the
onset of the audit or investigation and may determine if there was
compliance with this division and the regulations adopted pursuant to
this division, during that period.
(2) Notwithstanding any other provision of law establishing a
shorter statute of limitation, the department may take an enforcement
action, including, but not limited to, an action for restitution or
to impose penalties, at any time within two years after the
department discovers, or with reasonable diligence, should have
discovered, a violation of this division or the regulations adopted
pursuant to this division.
(c) During the conduct of any inspection, including, but not
limited to, an inspection conducted as part of an audit or
investigation, the entity that is the subject of the inspection
shall, during its normal business hours, provide the department with
immediate access to its facilities, operations, and any relevant
record, that, in the department's judgment, the department determines
are necessary to carry out this section to verify compliance with
this division and the regulations adopted pursuant to this division.
(1) The department may take disciplinary action pursuant to
Section 14591.2 against any person who fails to provide the
department with access pursuant to this subdivision including, but
not limited to, imposing penalties and the immediate suspension or
termination of any certificate or registration held by the operator.
(2) The department shall protect any information obtained pursuant
to this section in accordance with Section 14554, except that this
section does not prohibit the department from releasing any
information that the department determines to be necessary in the
course of an enforcement action.
(d) The auditing system adopted by the department shall allow for
reasonable shrinkage in material due to moisture, dirt, and foreign
material. The department, after an audit by a qualified auditing firm
and a hearing, shall adopt a standard to be used to account for
shrinkage and shall incorporate this standard in the audit process.
(e) If the department prevails against any entity in any civil or
administrative action brought pursuant to this division, and money is
owed to the department as a result of the action, the department may
offset the amount against amounts claimed by the entity to be due to
it from the department. The department may take this offset by
withholding payments from the entity or by authorizing all processors
to withhold payment to a certified recycling center.
(f) If the department determines, pursuant to an audit or
investigation, that a distributor or beverage manufacturer has
overpaid the redemption payment or processing fee, the department may
do either of the following:
(1) Offset the overpayment against future payments.
(2) Refund the payment pursuant to Article 3 (commencing with
Section 13140) of Chapter 2 of Part 3 of Division 3 of Title 2 of the
Government Code.
14552.5. (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 14552.51.
(b) Every container manufacturer shall fill out the standardized
rejection form specified in subdivision (a) whenever that container
manufacturer rejects a load of redeemed beverage container materials
physically delivered to the manufacturer's place of business and
offered for sale by a certified processor. The rejection form shall
be filled out by the container manufacturer at the time of the
rejection and immediately given to the certified processor for
submittal to the department. Any container manufacturer who refuses
to fill out the standardized rejection form required by this
subdivision is in violation of this division and is subject to the
fines and penalties in Sections 14591 and 14591.1.
(c) If a processor has made a good faith effort, as determined by
the department, to locate a willing purchaser and is unsuccessful,
the processor may fill out the standardized rejection form specified
in subdivision (a) and submit it to the department. The processor
rejection form shall include, but is not limited to, the name of the
processor, the container manufacturers and other potential purchasers
contacted, a detailed accounting of the methods used to contact the
potential buyers, the date of the rejections, the reasons given for
the rejections, the amount of postfilled beverage container material
rejected, and any other steps taken to avert landfilling or disposal
of the material.
(d) If a container manufacturer rejects a load of postfilled
containers by telephone, written correspondence of any kind, or other
similar method, the container manufacturer shall, in a manner
prescribed by the department, keep accurate logbooks of the offer of
loads by the certified processor, and make that logbook available for
inspection by the department upon demand. The logbook shall contain,
but is not limited to, the same information required in the
rejection form pursuant to subdivision (a).
(e) The standardized rejection form specified in subdivision (a)
shall be submitted to the department by the certified processor with
the written request to dispose of the redeemed material submitted
pursuant to Section 14552.51. This material shall not be disposed of
without a written authorization to do so by the department pursuant
to Section 14552.51.
(f) Nothing in this section shall be interpreted to lessen
certified processors' and container manufacturers' responsibilities
relating to beverage container recycling, or diminish in any way the
department's authority to carry out the intent and goals of this
division.
14552.51. (a) A certified processor seeking to dispose of rejected
postfilled containers may 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. No certified processor shall dispose of the rejected
material prior to obtaining written permission from the department.
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 is
deemed approved by the department.
(b) All rejected loads of postfilled containers shall be available
and subject to inspection by the department.
(c) All possible steps to avert the disposal of the loads of
postfilled containers, as determined by the department, shall be
taken by all container manufacturers and processors. All transactions
or attempted transactions involving rejecting postfilled containers
shall be thoroughly documented on the standardized rejection form
pursuant to Section 14552.5. The container manufacturer and the
certified processor are jointly and severally responsible for this
effort.
14553. (a) 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.
(b) The department may inspect the operations, processes, and
records of any entity required to submit a report to the department
pursuant to this division to determine the accuracy of the report and
compliance with the requirements of this division.
(c) A violation of this section is subject to the penalties
specified in Section 14591.1.
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) Not less than once every three months, the department
shall provide to the Legislature pursuant to subdivision (b), at a
minimum, all of the following information for the current fiscal year
and the budget year:
(1) An updated fund condition statement that includes the
revenues, transfers, and expenditures in to and out of the fund.
(2) The recycling rate, by beverage container material type, that
is inferred using the revenues.
(3) An explanation of significant changes to the fund condition
statement from the prior report and significant changes to the
methodology used for forecasting the fund condition statement.
(4) Projected sales, which include all actual data available since
the last reporting period, by beverage container material type and
size, and actual or projected returns, which include all actual data
available since the last reporting period, by beverage container
material type, including an explanation in any case where the actual
returns are more than 100 percent of actual sales.
(5) Projected handling fee payments, which include all actual data
available since the last reporting period, the per beverage
container handling fee amount, and the number of beverage containers
projected to be eligible for a handling fee payment.
(6) Projected processing payments, which include all actual data
available since the last reporting period, by beverage container
material type, showing the total processing fee offsets, processing
fees, and processing payments for each type of beverage container
material.
(7) Total grants awarded during the current fiscal year.
(b) Notwithstanding Section 9795 of the Government Code, not less
than once every three months, the department shall provide a written
copy of the information required in subdivision (a) to the Joint
Legislative Budget Committee and to the appropriate policy and fiscal
committees of both houses of the Legislature and shall also post the
most recent information required in subdivision (a) on the
department's Internet Web site.
(c) The department shall review the information included in the
fund condition statement frequently, but not less than once every
three months, to determine if adequate funds exist to pay the
disbursements required pursuant to this division and to make the
determinations required pursuant to subdivision (c) of Section 14581.
14549. (a) 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.
(b) 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.
(c) A glass container manufacturer may seek a reduction or waiver
of the minimum postfilled glass percentage required to be used in the
manufacture of glass food, drink, or beverage containers pursuant to
subdivision (b). The department may grant a reduction or waiver of
the percentage requirement if it finds and determines that it is
technologically infeasible for the glass container manufacturer to
achieve the percentage requirement or if the department determines
that a glass container manufacturer cannot achieve the minimum
percentage because of a lack of available glass cullet.
(d) For the purposes of this section, "mixed-color cullet" means
cullet that does not meet the American Society for Testing and
Materials (ASTM) standard specifications for color mix of color
sorted postfilled glass as raw material for the manufacture of glass
containers.
14549.1. (a) In order to improve the quality and marketability of
empty beverage containers collected for recycling in the state by
curbside recycling programs or dropoff or collection programs, the
department may, consistent with Section 14581 and subject to the
availability of funds, pay a quality incentive payment for each
material type, as specified in subdivision (c).
(b) The department may make a quality incentive payment pursuant
to this section to either an operator of a curbside recycling program
registered pursuant to Section 14551.5, or to any other entity
certified pursuant to this division.
(c) Subject to subdivision (a), the department shall pay a quality
incentive payment for each type of beverage container material in
accordance with the following conditions:
(1) For quality incentive payments for empty glass beverage
containers, all of the following shall apply:
(A) The department may make a quality incentive payment only for
color-sorted glass beverage containers that are substantially free of
contamination.
(B) The department may make a quality incentive payment for empty
glass beverage containers that are either collected color sorted by
curbside recycling programs or dropoff or collection programs, or
that are collected mixed color by curbside recycling programs or
dropoff or collection programs and are subsequently color sorted by
the collector or any other entity certified pursuant to this
division.
(C) The amount of the quality incentive payment for empty glass
beverage containers shall be up to sixty dollars ($60) per ton, as
determined by the department.
(2) For quality incentive payments for empty plastic beverage
containers, both of the following shall apply:
(A) The department may make a quality incentive payment only for
plastic beverage containers collected by curbside recycling programs
or dropoff or collection programs, that are sorted by resin type,
consistent with any quality specifications that the department may
adopt.
(B) The amount of the quality plastic incentive payment shall be
up to one hundred eighty dollars ($180) per ton, as determined by the
department.
(3) For quality payments for empty aluminum beverage containers,
all of the following shall apply:
(A) The department may make a quality incentive payment only for
aluminum beverage containers that are free of any and all metallic
and nonmetallic items, other than used aluminum containers.
(B) The department may make a quality incentive payment for empty
aluminum beverage containers that are collected commingled by
curbside recycling programs or dropoff or collection programs, and
subsequently cleaned by the collector or any other entity certified
pursuant to this division, of any and all metallic and nonmetallic
items, other than used aluminum containers, consistent with any
quality specifications that the department may adopt.
(C) The amount of the quality incentive payment for empty aluminum
beverage containers shall be up to one hundred twenty-five dollars
($125) per ton, as determined by the department.
(d) An operator of a curbside recycling program or any other
certified entity receiving a quality incentive payment shall make
available for inspection and review any relevant record that the
department determines is necessary to verify the accuracy of data
upon which the quality incentive payment is based and the operator's
or certified entity's compliance with any applicable regulation.
(e) The department may make only one quality incentive payment for
each empty beverage container collected pursuant to this section.
(f) This section shall become operative on January 1, 2007.
14549.2. (a) For purposes of this section, the following
definitions shall apply:
(1) "Certified entity" means a recycling center, processor, or
dropoff or collection program certified pursuant to this division.
(2) "Product manufacturer" means any person who manufactures a
plastic product in this state.
(b) In order to develop California markets for empty plastic
beverage containers collected for recycling in the state, the
department may, consistent with Section 14581 and subject to the
availability of funds, pay a market development payment to a
certified entity or product manufacturer for empty plastic beverage
containers collected and managed pursuant to this section.
(c) The department shall make a market development payment to a
certified entity or product manufacturer in accordance with this
section, only if the plastic beverage container is collected and
either recycled or used in manufacturing, in the state, as follows:
(1) The department shall make a market development payment to a
certified entity for empty plastic beverage containers that are
collected for recycling in the state, that are subsequently washed
and processed by a certified entity into a flake, pellet, or other
form in the state, and made usable for the manufacture of a plastic
product by a product manufacturer.
(2) The department shall make a market development payment to a
product manufacturer for empty plastic beverage containers that are
collected for recycling in the state, that are subsequently washed
and processed into a flake, pellet or other form in the state, and
used by that product manufacturer to manufacture a product in this
state.
(3) The department shall determine the amount of the market
development payment, which may be set at a different level for a
certified entity and a product manufacturer, but shall not exceed one
hundred fifty dollars ($150) per ton.
(4) The department may make a market development payment to both a
certified entity and a product manufacturer for the same empty
plastic beverage container.
(d) This section shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date.
14549.5. On or before the 90th day after the effective date of the
act amending this section, and annually thereafter, or more
frequently as determined to be necessary by the department, the
department shall review and, if necessary in order to ensure payment
of the most accurate commingled rate feasible, recalculate commingled
rates paid for beverage containers and postfilled containers paid to
curbside recycling programs, collection programs, and recycling
centers. Prior to recalculating a commingled rate pursuant to this
section, the department shall do all of the following:
(a) Consult with private and public operators of curbside
recycling programs, collection programs, and recycling centers
concerning the size of the statewide sample, appropriate sampling
methodologies, and alternatives to exclusive reliance on a statewide
commingled rate.
(b) At least 60 days prior to the effective date of any new
commingled rate, hold a public hearing, after giving notice, to make
available to the public and affected parties the department's review
and any proposed recalculations of the commingled rate.
(c) At least 60 days prior to the effective date of any new
commingled rate, and upon the request of any party, make available
documentation or studies which were prepared as part of the
department's review of a commingled rate.
(d) (1) Notwithstanding this division, the department may
calculate a curbside recycling program commingled rate pursuant to
this subdivision for bimetal containers and a combined commingled
rate for all plastic beverage containers displaying the resin
identification code "3," "4," "5," "6," or "7" pursuant to Section
18015.
(2) The department may enter into a contract for the services
required to implement the amendments to this section made by the act
of the first half of the 2003-04 Regular Session of the Legislature
amending this section. The department may not expend more than two
hundred fifty thousand dollars ($250,000) for each year of the
contract. The contract shall be paid only from revenues derived from
redemption payments and processing fees paid on plastic beverage
containers displaying the resin identification code "3," "4," "5,"
"6," or "7" pursuant to Section 18015. If the department determines
that insufficient funds will be available from these revenues, after
refund values are paid to processors and the reduction is made in the
processing fee pursuant to subdivision (f) of Section 14575 for
these containers, the department may determine not to calculate a
commingled rate pursuant to this subdivision.
14549.6. (a) The department, consistent with Section 14581 and
subject to the availability of funds, shall annually pay a total of
fifteen million dollars ($15,000,000) per fiscal year to operators of
curbside programs and neighborhood dropoff programs that accept all
types of empty beverage containers for recycling. The payments shall
be for each container collected by the curbside or neighborhood
dropoff programs and properly reported to the department by
processors, based upon all of the following:
(1) The payment amount shall be calculated based upon the volume
of beverage containers collected by curbside and neighborhood dropoff
programs during the 12-month calendar year ending on December 31 of
the fiscal year for which payments are to be made.
(2) The per-container rate shall be calculated by dividing the
total volume of beverage containers collected, as determined pursuant
to paragraph (1), into the sum of fifteen million dollars
($15,000,000).
(3) The amount to be paid to each operator of a curbside program
or neighborhood dropoff program shall be based upon the per-container
rate, calculated pursuant to paragraph (2), multiplied by the
program's total reported beverage container volume calculated
pursuant to paragraph (1).
(b) The amounts paid pursuant to this section shall be expended by
operators of curbside and neighborhood dropoff programs only for
activities related to beverage container recycling.
(c) The department shall disburse payments pursuant to this
section not later than the end of the fiscal year following the
calendar year for which the payments are calculated pursuant to
paragraph (1) of subdivision (a), subject to the availability of
funds.
(d) The operator of a curbside program or neighborhood dropoff
program shall make available for inspection and review any relevant
record that the department determines is necessary to verify
compliance with this section.
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 recycling centers and curbside programs for
recycling, and the scrap value paid for glass, PET, and bimetal
containers and any beverage container that is assessed a processing
fee. 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. These reports shall be submitted
within 10 days after each month, in the form and manner that the
department may prescribe.
(2) The department shall treat all information reported pursuant
to this section by a processor as commercial or financial information
subject to the procedures established pursuant to Section 14554.
(b) Every distributor who sells or offers for sale in this state
beverages in aluminum beverage containers, nonaluminum metal beverage
containers, glass beverage containers, plastic beverage containers,
or other beverage containers, including refillable beverage
containers of these types, shall report to the department for each
month the number of beverages sold in these beverage containers in
this state which are labeled pursuant to Section 14561, by material
type and size and weight of container or any other method as the
department may prescribe. These reports shall be submitted by the day
when payment is due, consistent with the applicable payment schedule
specified in subdivision (a) of Section 14574, in the form and
manner which the department may prescribe.
(c) Every distributor who sells or offers for sale in this state
beverages in refillable beverage containers and who pays a refund
value to distributors, dealers, or consumers who return these
containers for refilling, shall report to the department for each
month the number of these beverage containers returned empty to be
refilled, by material type and size of container or any other method
which the department may prescribe. These reports shall be submitted
by the day when payment is due, consistent with the schedule
specified in subdivision (a) of Section 14574, in the form and manner
which the department may prescribe.
(d) Notwithstanding subdivision (b), a distributor who elects to
make an annual payment pursuant to subdivision (b) of Section 14574
may, upon the approval of the department, submit the reports required
by this section annually to the department. The reports shall
accompany the annual payment submitted pursuant to Section 14574.
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:
(1) Sales of beverages in aluminum beverage containers, bimetal
beverage containers, glass beverage containers, plastic beverage
containers, and other beverage containers in this state, including
refillable beverage containers.
(2) Returns for recycling, and returns not for recycling, of empty
aluminum beverage containers, bimetal beverage containers, glass
beverage containers, plastic beverage containers, and other beverage
containers in this state, including refillable beverage containers
returned to distributors pursuant to Section 14572.5. These numbers
shall be calculated using the average current weights of beverage
containers, as determined and reported by the department. To these
numbers shall be added and separately reported the following, if
greater than, or equal to, zero:
(A) All empty postfilled aluminum, glass, and plastic food or
drink packaging materials sold in the state, returned for recycling,
and reported by weight to the department which do not have a refund
value less the number specified in subparagraph (B).
(B) The number of beverage containers which comprise the first
five percentage points of the redemption rate without including the
empty postfilled aluminum, glass, and plastic food or drink packaging
materials sold in the state, returned for recycling and reported by
weight to the department which do not have a refund value.
(3) An aluminum beverage container redemption rate, the numerator
of which shall be the number of empty aluminum beverage containers
returned, including refillable aluminum beverage containers and empty
postfilled aluminum food or drink packaging material included in
paragraph (2), and the denominator of which shall be the number of
aluminum beverage containers sold in this state.
(4) An aluminum beverage container recycling rate, the numerator
of which shall be the number of empty aluminum beverage containers
returned for recycling, including refillable aluminum beverage
containers, and the denominator of which shall be the number of
aluminum beverage containers sold in this state.
(5) A bimetal beverage container redemption rate, the numerator of
which shall be the number of empty bimetal beverage containers
returned, and the denominator of which shall be the number of bimetal
beverage containers sold in this state.
(6) A bimetal beverage container recycling rate, the numerator of
which shall be the number of empty bimetal containers returned for
recycling, including refillable bimetal beverage containers, and the
denominator of which shall be the number of bimetal beverage
containers sold in this state.
(7) A glass beverage container redemption rate, the numerator of
which shall be the number of empty glass beverage containers
returned, including refillable glass beverage containers and empty
postfilled food or drink packaging materials included in paragraph
(2), and the denominator of which shall be the number of glass
beverage containers sold in this state.
(8) A glass beverage container recycling rate, the numerator of
which shall be the number of empty glass beverage containers returned
for recycling, including refillable glass beverage containers, and
the denominator of which shall be the number of glass beverage
containers sold in this state.
(9) A plastic beverage container redemption rate, the numerator of
which shall be the number of empty plastic beverage containers
returned, including refillable plastic beverage containers and empty
postfilled food or drink packaging materials included in paragraph
(2), and the denominator of which shall be the number of plastic
beverage containers sold in this state.
(10) A plastic beverage container recycling rate, the numerator of
which shall be the number of empty plastic beverage containers
returned for recycling, including refillable plastic beverage
containers, and the denominator of which shall be the number of
plastic beverage containers sold in this state.
(11) A redemption rate for other beverage containers, the
numerator of which shall be the number of empty beverage containers
other than those containers specified in paragraphs (1) to (10),
inclusive, returned, and the denominator of which shall be the number
of beverage containers, other than those containers specified in
paragraphs (1) to (10), inclusive, sold in this state.
(12) A recycling rate for other beverage containers, the numerator
of which shall be the number of empty beverage containers other than
those containers specified in paragraphs (1) to (10), inclusive,
returned for recycling, and the denominator of which shall be the
number of beverage containers, other than those containers specified
in paragraphs (1) to (10), inclusive, sold in this state.
(13) The department may define categories of other beverage
containers, and report a redemption rate and a recycling rate for
each such category of other beverage containers.
(14) The volumes of materials collected from certified recycling
centers, by city or county, as requested by the city or county, if
the reporting is consistent with the procedures established pursuant
to Section 14554 to protect proprietary information.
(b) The department shall determine the manner of collecting the
information for the reports specified in subdivision (a), including
establishing procedures, to protect any proprietary information
concerning the sales and purchases.
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 which 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:
(a) The request is made in writing.
(b) All information provided by the department is provided using
the aggregate amounts collected in the city or county unless the city
or county, or an entity specifically designated by the city or
county to receive the information, requests the information provided
by each individual certified recycling center.
(c) All information provided to the governmental agency, including
a city or county, or an entity specifically designated by the city
or county to receive the information, is considered proprietary and
confidential in nature and protected in accordance with the
requirements of subdivision (b) of Section 14551 of the Public
Resources Code, Section 14554 of the Public Resources Code, and
subdivision (e) of Section 6254.5 of the Government Code.
14551.5. (a) The department shall register the operators of
curbside programs pursuant to this section.
(b) Each curbside program that receives refund values and
administrative fees from certified processors, or that receives
refund values from certified recycling centers, shall register with
the department for an identification number. No curbside program may
receive refund values or administrative fees without a valid
identification number.
(c) The director shall adopt, by regulation, a procedure for the
registration of curbside programs. This procedure shall include
standards and requirements for registration. These regulations shall
require that all information be submitted to the department under
penalty of perjury. A curbside program shall meet all of the
standards and requirements contained in the regulations for
registration.
(d) The department shall require that the identification numbers
received pursuant to this section be used on shipping reports for
material collected by curbside programs pursuant to Sections 14538
and 14539 and on all other reports or documentation required by the
department to administer this division.
(e) An operator of a curbside program registered pursuant to this
section shall be deemed a certificate holder for purposes of this
division.
14552. (a) The department shall establish and implement an auditing
system to ensure that the information collected, and refund values
and redemption payments paid pursuant to this division, comply with
the purposes of this division. Notwithstanding Sections 14573 and
14573.5, the auditing system adopted by the department may include
prepayment or postpayment controls.
(b) (1) On or after January 1 of each year, the department may
audit or investigate any action taken up to three years before the
onset of the audit or investigation and may determine if there was
compliance with this division and the regulations adopted pursuant to
this division, during that period.
(2) Notwithstanding any other provision of law establishing a
shorter statute of limitation, the department may take an enforcement
action, including, but not limited to, an action for restitution or
to impose penalties, at any time within two years after the
department discovers, or with reasonable diligence, should have
discovered, a violation of this division or the regulations adopted
pursuant to this division.
(c) During the conduct of any inspection, including, but not
limited to, an inspection conducted as part of an audit or
investigation, the entity that is the subject of the inspection
shall, during its normal business hours, provide the department with
immediate access to its facilities, operations, and any relevant
record, that, in the department's judgment, the department determines
are necessary to carry out this section to verify compliance with
this division and the regulations adopted pursuant to this division.
(1) The department may take disciplinary action pursuant to
Section 14591.2 against any person who fails to provide the
department with access pursuant to this subdivision including, but
not limited to, imposing penalties and the immediate suspension or
termination of any certificate or registration held by the operator.
(2) The department shall protect any information obtained pursuant
to this section in accordance with Section 14554, except that this
section does not prohibit the department from releasing any
information that the department determines to be necessary in the
course of an enforcement action.
(d) The auditing system adopted by the department shall allow for
reasonable shrinkage in material due to moisture, dirt, and foreign
material. The department, after an audit by a qualified auditing firm
and a hearing, shall adopt a standard to be used to account for
shrinkage and shall incorporate this standard in the audit process.
(e) If the department prevails against any entity in any civil or
administrative action brought pursuant to this division, and money is
owed to the department as a result of the action, the department may
offset the amount against amounts claimed by the entity to be due to
it from the department. The department may take this offset by
withholding payments from the entity or by authorizing all processors
to withhold payment to a certified recycling center.
(f) If the department determines, pursuant to an audit or
investigation, that a distributor or beverage manufacturer has
overpaid the redemption payment or processing fee, the department may
do either of the following:
(1) Offset the overpayment against future payments.
(2) Refund the payment pursuant to Article 3 (commencing with
Section 13140) of Chapter 2 of Part 3 of Division 3 of Title 2 of the
Government Code.
14552.5. (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 14552.51.
(b) Every container manufacturer shall fill out the standardized
rejection form specified in subdivision (a) whenever that container
manufacturer rejects a load of redeemed beverage container materials
physically delivered to the manufacturer's place of business and
offered for sale by a certified processor. The rejection form shall
be filled out by the container manufacturer at the time of the
rejection and immediately given to the certified processor for
submittal to the department. Any container manufacturer who refuses
to fill out the standardized rejection form required by this
subdivision is in violation of this division and is subject to the
fines and penalties in Sections 14591 and 14591.1.
(c) If a processor has made a good faith effort, as determined by
the department, to locate a willing purchaser and is unsuccessful,
the processor may fill out the standardized rejection form specified
in subdivision (a) and submit it to the department. The processor
rejection form shall include, but is not limited to, the name of the
processor, the container manufacturers and other potential purchasers
contacted, a detailed accounting of the methods used to contact the
potential buyers, the date of the rejections, the reasons given for
the rejections, the amount of postfilled beverage container material
rejected, and any other steps taken to avert landfilling or disposal
of the material.
(d) If a container manufacturer rejects a load of postfilled
containers by telephone, written correspondence of any kind, or other
similar method, the container manufacturer shall, in a manner
prescribed by the department, keep accurate logbooks of the offer of
loads by the certified processor, and make that logbook available for
inspection by the department upon demand. The logbook shall contain,
but is not limited to, the same information required in the
rejection form pursuant to subdivision (a).
(e) The standardized rejection form specified in subdivision (a)
shall be submitted to the department by the certified processor with
the written request to dispose of the redeemed material submitted
pursuant to Section 14552.51. This material shall not be disposed of
without a written authorization to do so by the department pursuant
to Section 14552.51.
(f) Nothing in this section shall be interpreted to lessen
certified processors' and container manufacturers' responsibilities
relating to beverage container recycling, or diminish in any way the
department's authority to carry out the intent and goals of this
division.
14552.51. (a) A certified processor seeking to dispose of rejected
postfilled containers may 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. No certified processor shall dispose of the rejected
material prior to obtaining written permission from the department.
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 is
deemed approved by the department.
(b) All rejected loads of postfilled containers shall be available
and subject to inspection by the department.
(c) All possible steps to avert the disposal of the loads of
postfilled containers, as determined by the department, shall be
taken by all container manufacturers and processors. All transactions
or attempted transactions involving rejecting postfilled containers
shall be thoroughly documented on the standardized rejection form
pursuant to Section 14552.5. The container manufacturer and the
certified processor are jointly and severally responsible for this
effort.
14553. (a) 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.
(b) The department may inspect the operations, processes, and
records of any entity required to submit a report to the department
pursuant to this division to determine the accuracy of the report and
compliance with the requirements of this division.
(c) A violation of this section is subject to the penalties
specified in Section 14591.1.
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) Not less than once every three months, the department
shall provide to the Legislature pursuant to subdivision (b), at a
minimum, all of the following information for the current fiscal year
and the budget year:
(1) An updated fund condition statement that includes the
revenues, transfers, and expenditures in to and out of the fund.
(2) The recycling rate, by beverage container material type, that
is inferred using the revenues.
(3) An explanation of significant changes to the fund condition
statement from the prior report and significant changes to the
methodology used for forecasting the fund condition statement.
(4) Projected sales, which include all actual data available since
the last reporting period, by beverage container material type and
size, and actual or projected returns, which include all actual data
available since the last reporting period, by beverage container
material type, including an explanation in any case where the actual
returns are more than 100 percent of actual sales.
(5) Projected handling fee payments, which include all actual data
available since the last reporting period, the per beverage
container handling fee amount, and the number of beverage containers
projected to be eligible for a handling fee payment.
(6) Projected processing payments, which include all actual data
available since the last reporting period, by beverage container
material type, showing the total processing fee offsets, processing
fees, and processing payments for each type of beverage container
material.
(7) Total grants awarded during the current fiscal year.
(b) Notwithstanding Section 9795 of the Government Code, not less
than once every three months, the department shall provide a written
copy of the information required in subdivision (a) to the Joint
Legislative Budget Committee and to the appropriate policy and fiscal
committees of both houses of the Legislature and shall also post the
most recent information required in subdivision (a) on the
department's Internet Web site.
(c) The department shall review the information included in the
fund condition statement frequently, but not less than once every
three months, to determine if adequate funds exist to pay the
disbursements required pursuant to this division and to make the
determinations required pursuant to subdivision (c) of Section 14581.
14549. (a) 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.
(b) 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.
(c) A glass container manufacturer may seek a reduction or waiver
of the minimum postfilled glass percentage required to be used in the
manufacture of glass food, drink, or beverage containers pursuant to
subdivision (b). The department may grant a reduction or waiver of
the percentage requirement if it finds and determines that it is
technologically infeasible for the glass container manufacturer to
achieve the percentage requirement or if the department determines
that a glass container manufacturer cannot achieve the minimum
percentage because of a lack of available glass cullet.
(d) For the purposes of this section, "mixed-color cullet" means
cullet that does not meet the American Society for Testing and
Materials (ASTM) standard specifications for color mix of color
sorted postfilled glass as raw material for the manufacture of glass
containers.
14549.1. (a) In order to improve the quality and marketability of
empty beverage containers collected for recycling in the state by
curbside recycling programs or dropoff or collection programs, the
department may, consistent with Section 14581 and subject to the
availability of funds, pay a quality incentive payment for each
material type, as specified in subdivision (c).
(b) The department may make a quality incentive payment pursuant
to this section to either an operator of a curbside recycling program
registered pursuant to Section 14551.5, or to any other entity
certified pursuant to this division.
(c) Subject to subdivision (a), the department shall pay a quality
incentive payment for each type of beverage container material in
accordance with the following conditions:
(1) For quality incentive payments for empty glass beverage
containers, all of the following shall apply:
(A) The department may make a quality incentive payment only for
color-sorted glass beverage containers that are substantially free of
contamination.
(B) The department may make a quality incentive payment for empty
glass beverage containers that are either collected color sorted by
curbside recycling programs or dropoff or collection programs, or
that are collected mixed color by curbside recycling programs or
dropoff or collection programs and are subsequently color sorted by
the collector or any other entity certified pursuant to this
division.
(C) The amount of the quality incentive payment for empty glass
beverage containers shall be up to sixty dollars ($60) per ton, as
determined by the department.
(2) For quality incentive payments for empty plastic beverage
containers, both of the following shall apply:
(A) The department may make a quality incentive payment only for
plastic beverage containers collected by curbside recycling programs
or dropoff or collection programs, that are sorted by resin type,
consistent with any quality specifications that the department may
adopt.
(B) The amount of the quality plastic incentive payment shall be
up to one hundred eighty dollars ($180) per ton, as determined by the
department.
(3) For quality payments for empty aluminum beverage containers,
all of the following shall apply:
(A) The department may make a quality incentive payment only for
aluminum beverage containers that are free of any and all metallic
and nonmetallic items, other than used aluminum containers.
(B) The department may make a quality incentive payment for empty
aluminum beverage containers that are collected commingled by
curbside recycling programs or dropoff or collection programs, and
subsequently cleaned by the collector or any other entity certified
pursuant to this division, of any and all metallic and nonmetallic
items, other than used aluminum containers, consistent with any
quality specifications that the department may adopt.
(C) The amount of the quality incentive payment for empty aluminum
beverage containers shall be up to one hundred twenty-five dollars
($125) per ton, as determined by the department.
(d) An operator of a curbside recycling program or any other
certified entity receiving a quality incentive payment shall make
available for inspection and review any relevant record that the
department determines is necessary to verify the accuracy of data
upon which the quality incentive payment is based and the operator's
or certified entity's compliance with any applicable regulation.
(e) The department may make only one quality incentive payment for
each empty beverage container collected pursuant to this section.
(f) This section shall become operative on January 1, 2007.
14549.2. (a) For purposes of this section, the following
definitions shall apply:
(1) "Certified entity" means a recycling center, processor, or
dropoff or collection program certified pursuant to this division.
(2) "Product manufacturer" means any person who manufactures a
plastic product in this state.
(b) In order to develop California markets for empty plastic
beverage containers collected for recycling in the state, the
department may, consistent with Section 14581 and subject to the
availability of funds, pay a market development payment to a
certified entity or product manufacturer for empty plastic beverage
containers collected and managed pursuant to this section.
(c) The department shall make a market development payment to a
certified entity or product manufacturer in accordance with this
section, only if the plastic beverage container is collected and
either recycled or used in manufacturing, in the state, as follows:
(1) The department shall make a market development payment to a
certified entity for empty plastic beverage containers that are
collected for recycling in the state, that are subsequently washed
and processed by a certified entity into a flake, pellet, or other
form in the state, and made usable for the manufacture of a plastic
product by a product manufacturer.
(2) The department shall make a market development payment to a
product manufacturer for empty plastic beverage containers that are
collected for recycling in the state, that are subsequently washed
and processed into a flake, pellet or other form in the state, and
used by that product manufacturer to manufacture a product in this
state.
(3) The department shall determine the amount of the market
development payment, which may be set at a different level for a
certified entity and a product manufacturer, but shall not exceed one
hundred fifty dollars ($150) per ton.
(4) The department may make a market development payment to both a
certified entity and a product manufacturer for the same empty
plastic beverage container.
(d) This section shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date.
14549.5. On or before the 90th day after the effective date of the
act amending this section, and annually thereafter, or more
frequently as determined to be necessary by the department, the
department shall review and, if necessary in order to ensure payment
of the most accurate commingled rate feasible, recalculate commingled
rates paid for beverage containers and postfilled containers paid to
curbside recycling programs, collection programs, and recycling
centers. Prior to recalculating a commingled rate pursuant to this
section, the department shall do all of the following:
(a) Consult with private and public operators of curbside
recycling programs, collection programs, and recycling centers
concerning the size of the statewide sample, appropriate sampling
methodologies, and alternatives to exclusive reliance on a statewide
commingled rate.
(b) At least 60 days prior to the effective date of any new
commingled rate, hold a public hearing, after giving notice, to make
available to the public and affected parties the department's review
and any proposed recalculations of the commingled rate.
(c) At least 60 days prior to the effective date of any new
commingled rate, and upon the request of any party, make available
documentation or studies which were prepared as part of the
department's review of a commingled rate.
(d) (1) Notwithstanding this division, the department may
calculate a curbside recycling program commingled rate pursuant to
this subdivision for bimetal containers and a combined commingled
rate for all plastic beverage containers displaying the resin
identification code "3," "4," "5," "6," or "7" pursuant to Section
18015.
(2) The department may enter into a contract for the services
required to implement the amendments to this section made by the act
of the first half of the 2003-04 Regular Session of the Legislature
amending this section. The department may not expend more than two
hundred fifty thousand dollars ($250,000) for each year of the
contract. The contract shall be paid only from revenues derived from
redemption payments and processing fees paid on plastic beverage
containers displaying the resin identification code "3," "4," "5,"
"6," or "7" pursuant to Section 18015. If the department determines
that insufficient funds will be available from these revenues, after
refund values are paid to processors and the reduction is made in the
processing fee pursuant to subdivision (f) of Section 14575 for
these containers, the department may determine not to calculate a
commingled rate pursuant to this subdivision.
14549.6. (a) The department, consistent with Section 14581 and
subject to the availability of funds, shall annually pay a total of
fifteen million dollars ($15,000,000) per fiscal year to operators of
curbside programs and neighborhood dropoff programs that accept all
types of empty beverage containers for recycling. The payments shall
be for each container collected by the curbside or neighborhood
dropoff programs and properly reported to the department by
processors, based upon all of the following:
(1) The payment amount shall be calculated based upon the volume
of beverage containers collected by curbside and neighborhood dropoff
programs during the 12-month calendar year ending on December 31 of
the fiscal year for which payments are to be made.
(2) The per-container rate shall be calculated by dividing the
total volume of beverage containers collected, as determined pursuant
to paragraph (1), into the sum of fifteen million dollars
($15,000,000).
(3) The amount to be paid to each operator of a curbside program
or neighborhood dropoff program shall be based upon the per-container
rate, calculated pursuant to paragraph (2), multiplied by the
program's total reported beverage container volume calculated
pursuant to paragraph (1).
(b) The amounts paid pursuant to this section shall be expended by
operators of curbside and neighborhood dropoff programs only for
activities related to beverage container recycling.
(c) The department shall disburse payments pursuant to this
section not later than the end of the fiscal year following the
calendar year for which the payments are calculated pursuant to
paragraph (1) of subdivision (a), subject to the availability of
funds.
(d) The operator of a curbside program or neighborhood dropoff
program shall make available for inspection and review any relevant
record that the department determines is necessary to verify
compliance with this section.
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 recycling centers and curbside programs for
recycling, and the scrap value paid for glass, PET, and bimetal
containers and any beverage container that is assessed a processing
fee. 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. These reports shall be submitted
within 10 days after each month, in the form and manner that the
department may prescribe.
(2) The department shall treat all information reported pursuant
to this section by a processor as commercial or financial information
subject to the procedures established pursuant to Section 14554.
(b) Every distributor who sells or offers for sale in this state
beverages in aluminum beverage containers, nonaluminum metal beverage
containers, glass beverage containers, plastic beverage containers,
or other beverage containers, including refillable beverage
containers of these types, shall report to the department for each
month the number of beverages sold in these beverage containers in
this state which are labeled pursuant to Section 14561, by material
type and size and weight of container or any other method as the
department may prescribe. These reports shall be submitted by the day
when payment is due, consistent with the applicable payment schedule
specified in subdivision (a) of Section 14574, in the form and
manner which the department may prescribe.
(c) Every distributor who sells or offers for sale in this state
beverages in refillable beverage containers and who pays a refund
value to distributors, dealers, or consumers who return these
containers for refilling, shall report to the department for each
month the number of these beverage containers returned empty to be
refilled, by material type and size of container or any other method
which the department may prescribe. These reports shall be submitted
by the day when payment is due, consistent with the schedule
specified in subdivision (a) of Section 14574, in the form and manner
which the department may prescribe.
(d) Notwithstanding subdivision (b), a distributor who elects to
make an annual payment pursuant to subdivision (b) of Section 14574
may, upon the approval of the department, submit the reports required
by this section annually to the department. The reports shall
accompany the annual payment submitted pursuant to Section 14574.
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:
(1) Sales of beverages in aluminum beverage containers, bimetal
beverage containers, glass beverage containers, plastic beverage
containers, and other beverage containers in this state, including
refillable beverage containers.
(2) Returns for recycling, and returns not for recycling, of empty
aluminum beverage containers, bimetal beverage containers, glass
beverage containers, plastic beverage containers, and other beverage
containers in this state, including refillable beverage containers
returned to distributors pursuant to Section 14572.5. These numbers
shall be calculated using the average current weights of beverage
containers, as determined and reported by the department. To these
numbers shall be added and separately reported the following, if
greater than, or equal to, zero:
(A) All empty postfilled aluminum, glass, and plastic food or
drink packaging materials sold in the state, returned for recycling,
and reported by weight to the department which do not have a refund
value less the number specified in subparagraph (B).
(B) The number of beverage containers which comprise the first
five percentage points of the redemption rate without including the
empty postfilled aluminum, glass, and plastic food or drink packaging
materials sold in the state, returned for recycling and reported by
weight to the department which do not have a refund value.
(3) An aluminum beverage container redemption rate, the numerator
of which shall be the number of empty aluminum beverage containers
returned, including refillable aluminum beverage containers and empty
postfilled aluminum food or drink packaging material included in
paragraph (2), and the denominator of which shall be the number of
aluminum beverage containers sold in this state.
(4) An aluminum beverage container recycling rate, the numerator
of which shall be the number of empty aluminum beverage containers
returned for recycling, including refillable aluminum beverage
containers, and the denominator of which shall be the number of
aluminum beverage containers sold in this state.
(5) A bimetal beverage container redemption rate, the numerator of
which shall be the number of empty bimetal beverage containers
returned, and the denominator of which shall be the number of bimetal
beverage containers sold in this state.
(6) A bimetal beverage container recycling rate, the numerator of
which shall be the number of empty bimetal containers returned for
recycling, including refillable bimetal beverage containers, and the
denominator of which shall be the number of bimetal beverage
containers sold in this state.
(7) A glass beverage container redemption rate, the numerator of
which shall be the number of empty glass beverage containers
returned, including refillable glass beverage containers and empty
postfilled food or drink packaging materials included in paragraph
(2), and the denominator of which shall be the number of glass
beverage containers sold in this state.
(8) A glass beverage container recycling rate, the numerator of
which shall be the number of empty glass beverage containers returned
for recycling, including refillable glass beverage containers, and
the denominator of which shall be the number of glass beverage
containers sold in this state.
(9) A plastic beverage container redemption rate, the numerator of
which shall be the number of empty plastic beverage containers
returned, including refillable plastic beverage containers and empty
postfilled food or drink packaging materials included in paragraph
(2), and the denominator of which shall be the number of plastic
beverage containers sold in this state.
(10) A plastic beverage container recycling rate, the numerator of
which shall be the number of empty plastic beverage containers
returned for recycling, including refillable plastic beverage
containers, and the denominator of which shall be the number of
plastic beverage containers sold in this state.
(11) A redemption rate for other beverage containers, the
numerator of which shall be the number of empty beverage containers
other than those containers specified in paragraphs (1) to (10),
inclusive, returned, and the denominator of which shall be the number
of beverage containers, other than those containers specified in
paragraphs (1) to (10), inclusive, sold in this state.
(12) A recycling rate for other beverage containers, the numerator
of which shall be the number of empty beverage containers other than
those containers specified in paragraphs (1) to (10), inclusive,
returned for recycling, and the denominator of which shall be the
number of beverage containers, other than those containers specified
in paragraphs (1) to (10), inclusive, sold in this state.
(13) The department may define categories of other beverage
containers, and report a redemption rate and a recycling rate for
each such category of other beverage containers.
(14) The volumes of materials collected from certified recycling
centers, by city or county, as requested by the city or county, if
the reporting is consistent with the procedures established pursuant
to Section 14554 to protect proprietary information.
(b) The department shall determine the manner of collecting the
information for the reports specified in subdivision (a), including
establishing procedures, to protect any proprietary information
concerning the sales and purchases.
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 which 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:
(a) The request is made in writing.
(b) All information provided by the department is provided using
the aggregate amounts collected in the city or county unless the city
or county, or an entity specifically designated by the city or
county to receive the information, requests the information provided
by each individual certified recycling center.
(c) All information provided to the governmental agency, including
a city or county, or an entity specifically designated by the city
or county to receive the information, is considered proprietary and
confidential in nature and protected in accordance with the
requirements of subdivision (b) of Section 14551 of the Public
Resources Code, Section 14554 of the Public Resources Code, and
subdivision (e) of Section 6254.5 of the Government Code.
14551.5. (a) The department shall register the operators of
curbside programs pursuant to this section.
(b) Each curbside program that receives refund values and
administrative fees from certified processors, or that receives
refund values from certified recycling centers, shall register with
the department for an identification number. No curbside program may
receive refund values or administrative fees without a valid
identification number.
(c) The director shall adopt, by regulation, a procedure for the
registration of curbside programs. This procedure shall include
standards and requirements for registration. These regulations shall
require that all information be submitted to the department under
penalty of perjury. A curbside program shall meet all of the
standards and requirements contained in the regulations for
registration.
(d) The department shall require that the identification numbers
received pursuant to this section be used on shipping reports for
material collected by curbside programs pursuant to Sections 14538
and 14539 and on all other reports or documentation required by the
department to administer this division.
(e) An operator of a curbside program registered pursuant to this
section shall be deemed a certificate holder for purposes of this
division.
14552. (a) The department shall establish and implement an auditing
system to ensure that the information collected, and refund values
and redemption payments paid pursuant to this division, comply with
the purposes of this division. Notwithstanding Sections 14573 and
14573.5, the auditing system adopted by the department may include
prepayment or postpayment controls.
(b) (1) On or after January 1 of each year, the department may
audit or investigate any action taken up to three years before the
onset of the audit or investigation and may determine if there was
compliance with this division and the regulations adopted pursuant to
this division, during that period.
(2) Notwithstanding any other provision of law establishing a
shorter statute of limitation, the department may take an enforcement
action, including, but not limited to, an action for restitution or
to impose penalties, at any time within two years after the
department discovers, or with reasonable diligence, should have
discovered, a violation of this division or the regulations adopted
pursuant to this division.
(c) During the conduct of any inspection, including, but not
limited to, an inspection conducted as part of an audit or
investigation, the entity that is the subject of the inspection
shall, during its normal business hours, provide the department with
immediate access to its facilities, operations, and any relevant
record, that, in the department's judgment, the department determines
are necessary to carry out this section to verify compliance with
this division and the regulations adopted pursuant to this division.
(1) The department may take disciplinary action pursuant to
Section 14591.2 against any person who fails to provide the
department with access pursuant to this subdivision including, but
not limited to, imposing penalties and the immediate suspension or
termination of any certificate or registration held by the operator.
(2) The department shall protect any information obtained pursuant
to this section in accordance with Section 14554, except that this
section does not prohibit the department from releasing any
information that the department determines to be necessary in the
course of an enforcement action.
(d) The auditing system adopted by the department shall allow for
reasonable shrinkage in material due to moisture, dirt, and foreign
material. The department, after an audit by a qualified auditing firm
and a hearing, shall adopt a standard to be used to account for
shrinkage and shall incorporate this standard in the audit process.
(e) If the department prevails against any entity in any civil or
administrative action brought pursuant to this division, and money is
owed to the department as a result of the action, the department may
offset the amount against amounts claimed by the entity to be due to
it from the department. The department may take this offset by
withholding payments from the entity or by authorizing all processors
to withhold payment to a certified recycling center.
(f) If the department determines, pursuant to an audit or
investigation, that a distributor or beverage manufacturer has
overpaid the redemption payment or processing fee, the department may
do either of the following:
(1) Offset the overpayment against future payments.
(2) Refund the payment pursuant to Article 3 (commencing with
Section 13140) of Chapter 2 of Part 3 of Division 3 of Title 2 of the
Government Code.
14552.5. (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 14552.51.
(b) Every container manufacturer shall fill out the standardized
rejection form specified in subdivision (a) whenever that container
manufacturer rejects a load of redeemed beverage container materials
physically delivered to the manufacturer's place of business and
offered for sale by a certified processor. The rejection form shall
be filled out by the container manufacturer at the time of the
rejection and immediately given to the certified processor for
submittal to the department. Any container manufacturer who refuses
to fill out the standardized rejection form required by this
subdivision is in violation of this division and is subject to the
fines and penalties in Sections 14591 and 14591.1.
(c) If a processor has made a good faith effort, as determined by
the department, to locate a willing purchaser and is unsuccessful,
the processor may fill out the standardized rejection form specified
in subdivision (a) and submit it to the department. The processor
rejection form shall include, but is not limited to, the name of the
processor, the container manufacturers and other potential purchasers
contacted, a detailed accounting of the methods used to contact the
potential buyers, the date of the rejections, the reasons given for
the rejections, the amount of postfilled beverage container material
rejected, and any other steps taken to avert landfilling or disposal
of the material.
(d) If a container manufacturer rejects a load of postfilled
containers by telephone, written correspondence of any kind, or other
similar method, the container manufacturer shall, in a manner
prescribed by the department, keep accurate logbooks of the offer of
loads by the certified processor, and make that logbook available for
inspection by the department upon demand. The logbook shall contain,
but is not limited to, the same information required in the
rejection form pursuant to subdivision (a).
(e) The standardized rejection form specified in subdivision (a)
shall be submitted to the department by the certified processor with
the written request to dispose of the redeemed material submitted
pursuant to Section 14552.51. This material shall not be disposed of
without a written authorization to do so by the department pursuant
to Section 14552.51.
(f) Nothing in this section shall be interpreted to lessen
certified processors' and container manufacturers' responsibilities
relating to beverage container recycling, or diminish in any way the
department's authority to carry out the intent and goals of this
division.
14552.51. (a) A certified processor seeking to dispose of rejected
postfilled containers may 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. No certified processor shall dispose of the rejected
material prior to obtaining written permission from the department.
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 is
deemed approved by the department.
(b) All rejected loads of postfilled containers shall be available
and subject to inspection by the department.
(c) All possible steps to avert the disposal of the loads of
postfilled containers, as determined by the department, shall be
taken by all container manufacturers and processors. All transactions
or attempted transactions involving rejecting postfilled containers
shall be thoroughly documented on the standardized rejection form
pursuant to Section 14552.5. The container manufacturer and the
certified processor are jointly and severally responsible for this
effort.
14553. (a) 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.
(b) The department may inspect the operations, processes, and
records of any entity required to submit a report to the department
pursuant to this division to determine the accuracy of the report and
compliance with the requirements of this division.
(c) A violation of this section is subject to the penalties
specified in Section 14591.1.
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) Not less than once every three months, the department
shall provide to the Legislature pursuant to subdivision (b), at a
minimum, all of the following information for the current fiscal year
and the budget year:
(1) An updated fund condition statement that includes the
revenues, transfers, and expenditures in to and out of the fund.
(2) The recycling rate, by beverage container material type, that
is inferred using the revenues.
(3) An explanation of significant changes to the fund condition
statement from the prior report and significant changes to the
methodology used for forecasting the fund condition statement.
(4) Projected sales, which include all actual data available since
the last reporting period, by beverage container material type and
size, and actual or projected returns, which include all actual data
available since the last reporting period, by beverage container
material type, including an explanation in any case where the actual
returns are more than 100 percent of actual sales.
(5) Projected handling fee payments, which include all actual data
available since the last reporting period, the per beverage
container handling fee amount, and the number of beverage containers
projected to be eligible for a handling fee payment.
(6) Projected processing payments, which include all actual data
available since the last reporting period, by beverage container
material type, showing the total processing fee offsets, processing
fees, and processing payments for each type of beverage container
material.
(7) Total grants awarded during the current fiscal year.
(b) Notwithstanding Section 9795 of the Government Code, not less
than once every three months, the department shall provide a written
copy of the information required in subdivision (a) to the Joint
Legislative Budget Committee and to the appropriate policy and fiscal
committees of both houses of the Legislature and shall also post the
most recent information required in subdivision (a) on the
department's Internet Web site.
(c) The department shall review the information included in the
fund condition statement frequently, but not less than once every
three months, to determine if adequate funds exist to pay the
disbursements required pursuant to this division and to make the
determinations required pursuant to subdivision (c) of Section 14581.
