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SB-458 Beverage container recycling: San Francisco Mobile Recycling Program.(2017-2018)

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Date Published: 03/21/2017 04:00 AM
SB458:v98#DOCUMENT

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 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.
Existing law, the California Beverage Container Recycling and Litter Reduction 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 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 operator 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 declare that it is to take effect immediately as an urgency statute.
Vote: 2/3   Appropriation: NOYES   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 operator 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 meets or operators meet all of the following conditions:

(A)

(i) The center is 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.

(B)The

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

(C)The

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

(D)

(iv) (I) The center is or centers are certified by the department for operation in the 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 leading its commitment to setting the global standard for source reduction, reuse, recycling, and composting programs to reduce disposal and to reuse waste materials. conserve resources.

SEC. 3.

 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 ensure that convenient recycling opportunities are available in the City and County of San Francisco, it is necessary that this act take effect immediately.