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SB-458 Beverage container recycling: pilot projects.(2017-2018)

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Date Published: 06/22/2017 09:00 PM
SB458:v97#DOCUMENT

Amended  IN  Senate  June 22, 2017
Amended  IN  Senate  March 20, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 458


Introduced by Senator Wiener

February 16, 2017


An act to add Section 14571.45 14571.9 to the Public Resources Code, relating to recycling, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately.


LEGISLATIVE COUNSEL'S DIGEST


SB 458, as amended, Wiener. Beverage container recycling: San Francisco Mobile Recycling Program. pilot projects.
Existing law, the California Beverage Container Recycling and Litter Reduction Act, requires that every beverage container sold or offered for sale in this state have a minimum refund value. A beverage distributor is required to pay a redemption payment to the Department of Resources Recycling and Recovery for every beverage container sold or offered for sale in the state to a dealer, and the department is required to deposit those amounts in the California Beverage Container Recycling Fund. The money in the fund is continuously appropriated to the department to, among other things, pay handling fees to certified recycling centers. The act requires processors to pay refund values, administrative costs, and processing payments to certified recycling centers, dropoff or collection programs, and curbside programs.

Existing law, the California Beverage Container Recycling and Litter Reduction Act,

The act requires a distributor to pay a redemption payment for every beverage container sold or offered for sale in the state. The act requires the Department of Resources Recycling and Recovery the department to annually designate convenience zones, as defined, statewide and requires at least one certified recycling center or location within every convenience zone that accepts all types of empty beverage containers and pays the refund value, if any, at one location, and that is open for business 30 hours per week. The act authorizes the department to certify one operator that meets specified qualifications to establish the Pacific Beach Mobile Recycling Program, incorporating all convenience zones in the Pacific Beach area of San Diego County, as defined. Existing law specifies requirements for the recycling center operator and the dealers within the program area.

This bill would authorize the department to certify one or more operators to establish the San Francisco Mobile Recycling Program that incorporates all convenience zones in the City and County of San Francisco and would impose similar program requirements. The bill would authorize the department to change the number of recycling center locations required by the program, as specified, as long as convenient recycling opportunities are still available under the program. The bill would provide that, for purposes of the program, a recycling center may include an uncertified automated payment beverage container system. The bill would require the department to consider ways to certify additional types of automated payment beverage container systems for purposes of this program.

The act requires dealers within a convenience zone where no recycling location has been established to submit an affidavit to the department stating that the dealer has met specified standards for redemption, including, among others, that the dealer is redeeming all empty beverage container types at all open cash registers or at one designated location on the dealer’s premises during all hours that the dealer is open for business. If the dealer does not submit that affidavit, existing law requires the dealer to pay $100 per day to the department, for deposit in the California Beverage Container Recycling Fund, until a recycling location is established or until the dealer meets the specified standards for redemption.

This bill would appropriate some of the moneys paid into the fund by dealers located in the City and County of San Francisco that have not submitted the above-described affidavit, if the department determines that the cost of operating the program exceeds the income generated by the program plus a reasonable return for the recycling center operator or operators. The amount of the appropriation would be equal to the difference between the cost of operating the program and the income generated by the program plus a reasonable return for the recycling center operator or operators. The bill would appropriate those moneys to the department for payments to the recycling center operator or operators to support the continued operation of the program.

This bill would make legislative findings and declarations as to the necessity of a special statute for the City and County of San Francisco.

This bill would, until July 1, 2020, authorize up to 5 limited-term recycling pilot projects, subject to department approval, that are designed to improve redemption opportunities in unserved convenience zones. The bill would subject the pilot projects to certain requirements, including, among others, that the pilot project is served by a pilot project recycler meeting certain requirements. The bill would authorize the department to issue a probationary certificate of operation to a pilot project recycler, to be valid for no more than 3 years, and would make that pilot project recycler eligible to apply for handling fees from the department and to receive refund values, administrative costs, and processing payments from processors. By authorizing the use of moneys in a continuously appropriated fund for a new purpose, this bill would make an appropriation.
This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2/3   Appropriation: YES   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.Section 14571.45 is added to the Public Resources Code, to read:
14571.45.

(a)The department shall certify one or more operators to establish the San Francisco Mobile Recycling Program that incorporates all convenience zones in the City and County of San Francisco.

(b)Notwithstanding Sections 14570 and 14571, all convenience zones within the City and County of San Francisco shall be considered served if both of the following conditions are met:

(1)(A)The recycling center operator or operators meet all of the following conditions:

(i)The center or centers are open for business at least once each week at a total number of locations equal to the number of convenience zones in the City and County of San Francisco, as determined by the department annually.

(ii)Each center is open for business at least six hours per day at each location.

(iii)Each center agrees to accept, and pay the refund value for, all eligible beverage container types.

(iv)(I)The center or centers are certified by the department for operation in a total number of locations equal to the number of convenience zones in the City and County of San Francisco, as determined by the department annually.

(II)For purposes of this clause, a center may include an uncertified automated payment beverage container system that is approved by the recycling center operator or operators. The department shall consider ways to certify additional types of automated payment beverage container systems that are not currently certified.

(B)The department may change the number of locations required by clauses (i) and (iv) to a number that does not equal the number of convenience zones in the City and County of San Francisco as long as convenient recycling opportunities are still available under the program.

(2)All dealers within the City and County of San Francisco post and maintain a clear and conspicuous sign of at least 10 inches by 15 inches at each public entrance to the dealer’s place of business, indicating the location, hours, and day of operation for each recycling location within the City and County of San Francisco.

(c)(1)A recycling center operator approved by the department that meets the conditions prescribed in subdivision (b) shall be designated a certified recycling center and shall be eligible to apply for handling fees pursuant to Section 14585 and to receive from processors the amounts specified in subdivision (a) of Section 14573.5 for refund values, administrative costs, and processing payments.

(2)The operator of an uncertified automated payment beverage container system participating in the program pursuant to subclause (II) of clause (iv) of subparagraph (A) of paragraph (1) of subdivision (b) shall be eligible for payments pursuant to paragraph (1), but the system shall only be certified as specified by the department.

(d)If the department determines that the cost of operating the program exceeds the income generated by the program plus a reasonable return for the recycling center operator or operators, the amount equal to the difference between the cost of operating the program and the income generated by the program plus a reasonable return for the recycling center operator or operators is hereby appropriated from the moneys paid into the fund pursuant to subdivision (b) of Section 14571.6 by dealers located in the City and County of San Francisco, to the department for payments to the recycling center operator or operators to support the continued operation of the program. These payments shall be in addition to any refund values, administrative costs, or processing payments received pursuant to subdivision (a) of Section 14573.5.

SEC. 2.

The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the City and County of San Francisco’s unique urban setting and its commitment to setting the global standard for source reduction, reuse, recycling, and composting programs to reduce disposal and conserve resources.

SECTION 1.

 Section 14571.9 is added to the Public Resources Code, to read:

14571.9.
 (a) On or before July 1, 2020, the department may approve up to five recycling pilot projects that meet the requirements of this section. The pilot projects, which shall be submitted by applicant jurisdictions, shall be designed to improve redemption opportunities in unserved convenience zones.
(b) Notwithstanding Sections 14570, 14571, and 14571.6, a convenience zone that falls within the area of a pilot project approved by the department under this section shall be deemed served while the pilot project is operational.
(c) No later than 90 days after the effective date of this section, the department shall hold at least one public workshop with interested stakeholders to solicit feedback on the pilot project program described in this section, including feedback on the process and factors that may be considered in the approval process of a pilot project.
(d) The requirements for a pilot project shall include, but not be limited to, all of the following:
(1) A pilot project shall serve one of the following:
(A) At least three unserved convenience zones.
(B) One or more convenience zones impacting a total of at least 30 dealers in unserved convenience zones.
(C) A rural region.
(2) A pilot project shall be in a jurisdiction that, as of the effective date of this section, had at least six unserved convenience zones, had 75 percent of the convenience zones in the jurisdiction unserved, or is located in a rural region.
(3) A pilot project shall not establish a location for redeeming a beverage container for its refund value that is outside of a convenience zone.
(4) A convenience zone in the pilot project shall be served by only one pilot project recycler.
(5) A pilot project shall be served only by a pilot project recycler that meets all of the following requirements:
(A) The pilot project recycler shall be cumulatively open for a minimum of 30 hours per week.
(B) The pilot project recycler shall be open a minimum of one day per week for at least eight hours.
(C) The pilot project recycler shall be open at least five hours per week during periods other than from Monday through Friday from 9 a.m. to 5 p.m.
(D) The pilot project recycler shall accept and pay the refund value for all eligible beverage container types during hours of operation.
(E) The operator of the pilot project recycler shall notify the department within 10 days of any change of the location where redeemed empty beverage containers are stored.
(F) The pilot project recycler shall only redeem eligible empty beverage container material purchased from consumers for recycling, and shall not accept material from any certified or noncertified person or entity, including, but not limited to, recycling centers, collection programs, and processors.
(6) No processor shall issue an authorization to cancel pursuant to subdivision (b) of Section 2110 of Title 14 of the California Code of Regulations to a pilot project recycler.
(7) Additional requirements as deemed necessary by the department.
(e) A jurisdiction that wishes to operate a pilot project shall submit its pilot project proposal to the department for approval. The proposal shall include all of the following elements:
(1) A map of the pilot project area, including potential locations for pilot project recyclers.
(2) A list of proposed operators of pilot project recyclers.
(3) Contact information for the jurisdiction.
(4) Planned dates of operation.
(5) A description of how the pilot project will meet the requirements of this section.
(6) Additional elements as determined by the department.
(f) The department may issue probationary certificates of operation to pilot project recyclers participating in an approved pilot project. A certificate issued under this section shall be valid, and shall specify that the certificate is valid, for a period of not more than three years or until the end of the pilot project, whichever comes first.
(g) In selecting pilot projects, the department shall consider all of the following factors:
(1) The number of unserved convenience zones that will be served by the pilot project.
(2) The total number of hours per week the pilot project recycler will operate.
(3) The total number of locations that will be served under the pilot project.
(4) Whether the jurisdiction has actively prevented the siting or operation of a certified recycling center at a supermarket site.
(5) Completeness of the application.
(6) The geographic distribution of jurisdictions proposing a pilot project.
(7) Potential impacts to existing certified recycling centers.
(8) Additional factors deemed relevant by the department.
(h) (1) The department may revoke the approval of a pilot project or the associated probationary certification of a pilot project recycler participating in the pilot project, or both, at any time if the jurisdiction or operator of the pilot project recycler fails to meet the conditions outlined in the department’s approval of the project or violates this division or a regulation adopted pursuant to this division.
(2) If the approval of a pilot project is revoked, the review process described in Section 14571.7 shall apply to each convenience zone that was a part of the pilot project.
(i) A pilot project recycler that has been certified by the department on a probationary basis pursuant to an approved pilot project shall be eligible to apply for handling fees pursuant to Section 14585 and to receive from certified processors the amounts specified in subdivision (a) of Section 14573.5 for refund values, administrative costs, and processing payments. For purposes of handling fee eligibility, a pilot project recycler may be located anywhere within a convenience zone.

SEC. 3.SEC. 2.

 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to address the recent closures of recycling centers throughout the state, and to ensure that convenient recycling opportunities are available in the City and County of San Francisco, as soon as possible, it is necessary that this act take effect immediately.