AB 1311

Bill Subjects

Abstract

(1) The California Beverage Container Recycling and Litter Reduction Act, which is administered by the Department of Resources Recycling and Recovery, is established to promote beverage container recycling and provides for the payment, collection, and distribution of certain payments and fees based on minimum refund values established for beverage containers. The act requires the department to annually designate convenience zones, as defined, throughout the state, and requires at least one certified recycling center or location within every convenience zone that accepts and pays the refund value, if any, at one location for all types of beverage containers. The act requires a certified recycling center or location to be open for business during at least 30 hours per week with a minimum of 5 hours of operation occurring during periods other than from Monday to Friday, from 9 a.m. to 5 p.m., as provided. The act specifies that a certified recycling center that is not a reverse vending machine, as defined, is "open for business" if specified criteria are met, including that an employee of the certified recycling center or location is present during the hours of operation and available to the public to accept containers and to pay the refund values. The act provides that a recycling center that is a reverse vending machine that accepts all types of empty beverage containers except those that are 3 or more liters in volume and those that are pouches is open for business if it provides an attendant to accept all types of empty beverage containers for no less than 10 hours per week, as provided, and is operable and properly functioning for no less than 70 hours per week. The act requires the department to pay handling fees to those recycling centers, and requires those recycling centers to pay refund values, on the basis of the number of beverage containers redeemed through the reverse vending machines, and not on the basis of weight. A violation of the act is an infraction. This bill would apply the above-specified provisions applicable to reverse vending machines to bag drop recycling centers, defined to mean a recycling location operated by a recycling center at which consumers can drop off bagged empty beverage containers for redemption. The bill would require a bag drop recycling center to pay the refund value for beverage containers within a reasonable period of time, not to exceed 3 business days. Because a violation of this requirement would be a crime under the act, the bill would impose a state-mandated local program. The bill would require, on or before July 1, 2022, the department to develop and implement a process pursuant to which a certified recycling center can apply to the department for authorization to operate on an alternative schedule, as specified. The bill would require the department to include in its process, among other components, criteria the department shall use to authorize a certified recycling center to operate on an alternative schedule. The bill would provide that, until January 1, 2023, a certified recycling center or location that is not a reverse vending machine or a bag drop recycling center is additionally "open for business" if the certified recycling center or location receives written authorization from the department to operate pursuant to an appointment system during the hours of operation and the certified recycling center or location meets specified requirements. The bill would require the department to authorize a certified recycling center or location to operate pursuant to an appointment system only if the department determines that high customer demand, weather, or public health and safety concerns warrant the implementation of an appointment system at the certified recycling center or location, and the certified recycling center or location posts certain information. The bill would also make related and conforming changes and update cross-references. (2) Existing regulations prohibit a certified recycler from paying the refund value to, or claiming the refund value for any material received from, any person not certified pursuant to the act delivering a load of beverage container material in excess of specified amounts per day. This bill would specify that a dealer delivering empty beverage containers received from the public to a certified recycling center or processor for recycling pursuant to a specified provision is not subject to those daily limits. (3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.