Amended IN Assembly March 18, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1311Introduced by Assembly Member Wood(Coauthor: Senator McGuire)February 19, 2021 An act to amend Section 14505 14571 of the Public Resources Code, relating to recycling. LEGISLATIVE COUNSEL'S DIGESTAB 1311, as amended, Wood. Recycling: beverage containers: definition. containers: certified recycling centers.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 defines the term beverage container for purposes of the act. 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. This bill would make nonsubstantive changes to that definition. require, on or before July 1, 2022, the department to develop and implement a process pursuant to which a certified recycling center can annually 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 July 1, 2022, a certified recycling center or location that is not a reverse vending machine 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 14571 of the Public Resources Code is amended to read:14571. (a) Except as otherwise provided in this chapter, there shall be 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 empty beverage containers and is open for business during at least 30 hours per week with a minimum of five hours of operation occurring during periods other than from Monday to Friday, from 9 a.m. to 5 p.m.(b) (1) Notwithstanding subdivision (a), the department may require a certified recycling center to operate 15 of its 30 hours of operation other than during 9 a.m. to 5 p.m.(2) Notwithstanding subdivision (a) and paragraph (1), the department may certify a recycling center that will operate less than 30 hours per week, if all of the following conditions are met:(A) The recycling center is in a rural region. For purposes of this subparagraph, rural region means a nonurban area identified by the department on an annual basis using the loan eligibility criteria of the Rural Housing Service of the United States Department of Agriculture, Rural Development Administration, or its successor agency. Those criteria include, but are not limited to, places, open country, cities, towns, or census designated places with populations that are less than 10,000 persons. The department may designate an area with a population of between 10,000 and 50,000 persons as a rural region, unless the area is identified as part of, or associated with, an urban area, as determined by the department on an individual basis.(B) The recycling center agrees to post a sign indicating the location of the nearest recycling center that is open at least 30 hours per week and that will accept all material types.(C) The needs of the community and the goals of this division will be best served by certification of the operation as a recycling center.(3) (A) Notwithstanding subdivision (a) and paragraph (1), on or before July 1, 2022, the department shall develop and implement a process pursuant to which a certified recycling center can annually apply to the department for authorization to operate on an alternative schedule. For purposes of this paragraph, alternative schedule means a schedule other than the schedule specified in subdivision (a) or that may be required by the department pursuant to paragraph (1).(B) The department shall include in the process developed pursuant to subparagraph (A), at a minimum, all of the following:(i) The form and content of the application required to be submitted to the department by a certified recycling center seeking to operate on an alternative schedule, and the manner in which the application shall be submitted to the department.(ii) The criteria used by the department to authorize a certified recycling center to operate on an alternative schedule, which shall include, but are not limited to, providing flexibility for certified recycling centers that are owned or operated by small or family-owned businesses, as determined by the department.(iii) A minimum number of hours per week, per month, or per year that a recycling center may be open for business and still meet the requirements of subdivision (c).(iv) Any other requirements the department deems necessary for a certified recycling center to operate on an alternative schedule and still meet the requirements of subdivision (c).(c) Before establishing operating hours for a certified recycling center pursuant to subdivision (b), the department shall make a determination that this action is necessary to further the goals of this division and that the proposed operating hours will not significantly decrease the ability of consumers to conveniently return beverage containers for the refund value to a certified recycling center redeeming all material types.(d) (1) For purposes of this section, if the a certified recycling center or location is staffed and is not a reverse vending machine, a the certified recycling center is open for business if all of the following requirements are met:(1)(A) 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.(2)(B) In addition to the sign specified in subdivision (i), a sign having a minimum size of two feet by two feet is posted at the certified recycling center or location indicating that the certified recycling center or location is open. Where allowed by local zoning requirements or where zoning restrictions apply, the sign shall be of the maximum allowable size.(3)(C) The prices paid, by weight or per container, are posted at the location.(2) (A) Notwithstanding paragraph (1), for purposes of this section, until July 1, 2022, a certified recycling center or location that is not a reverse vending machine is 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 both of the following requirements:(i) The certified recycling center or location ensures that an employee of the certified recycling center or location is present during all appointments and available to accept containers and to pay the refund values.(ii) The certified recycling center or location meets the requirements of subparagraphs (B) and (C) of paragraph (1).(B) The department shall authorize a certified recycling center or location to operate pursuant to an appointment system under subparagraph (A) 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.(e) (1) Except as provided in subdivisions (f) and (h), for the purpose of this section, if the recycling center consists of reverse vending machines or other unmanned automated equipment, the center is open for business if the equipment is properly functioning, accepting all types of empty beverage containers at the recycling location, and paying posted refund values no less than the minimums required by this division.(2) A recycling center that meets the requirements in paragraph (1) shall not be required to have an employee present during the hours of operation in order to be open for business.(f) If a recycling center consists of reverse vending machines or other automated equipment, the recycling center is open for business if the equipment is properly functioning, and accepting all types of empty beverage containers at one physical recycling location within the recycling location.(g) Whenever a recycling center that is a reverse vending machine is not open for business during the hours of operation required and posted pursuant to this section and Section 14570, the dealer that is hosting the reverse vending machine at its place of business shall redeem all empty beverage container types at all open cash registers or one designated location in the store, as specified on the sign required pursuant to subdivision (i).(h) (1) A recycling center that is a reverse vending machine that accepts all types of empty beverage containers except those that are three or more liters in volume and those that are pouches is open for business if it does both of the following:(A) Provides an attendant to accept all types of empty beverage containers for no less than 10 hours per week, with no less than five of those hours on a weekend day between the hours of 9 a.m. and 5 p.m.(B) Is operational and functioning properly for no less than 70 hours per week.(2) A handling fee shall not be paid to a recycling center described in paragraph (1) if the recycling center is located in a convenience zone in which a preexisting certified recycling center is located. Notwithstanding paragraph (1) of subdivision (c) of Section 14585, a preexisting certified recycling center located in the same convenience zone as a recycling center described in paragraph (1) shall continue to be eligible to receive handling fee payments.(3) The department shall pay handling fees to a recycling center described in paragraph (1), and the recycling center shall pay refund values, on the basis of the number of beverage containers redeemed through the reverse vending machine, and not on the basis of weight. The department shall determine the method of certifying the validity of the number of beverage containers counted by the reverse vending machine.(i) In addition to the sign specified in paragraph (2) of subdivision (d), each reverse vending machine shall be posted with a clear and conspicuous sign on or near the reverse vending machine that states that beverage containers may be redeemed by the host dealer if the machine is nonoperational at any time during the required hours of operation, pursuant to subdivision (g). The department shall determine the size and location of the sign and the message required to be printed on the sign.SECTION 1.Section 14505 of the Public Resources Code is amended to read:14505.Beverage container means the individual, separate bottle, can, jar, carton, or other receptacle, however denominated, in which a beverage is sold, and which is constructed of metal, glass, or plastic, or other material, or any combination of those materials. Beverage container does not include a cup or other similar open or loosely sealed receptacle.
Amended IN Assembly March 18, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1311Introduced by Assembly Member Wood(Coauthor: Senator McGuire)February 19, 2021 An act to amend Section 14505 14571 of the Public Resources Code, relating to recycling. LEGISLATIVE COUNSEL'S DIGESTAB 1311, as amended, Wood. Recycling: beverage containers: definition. containers: certified recycling centers.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 defines the term beverage container for purposes of the act. 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. This bill would make nonsubstantive changes to that definition. require, on or before July 1, 2022, the department to develop and implement a process pursuant to which a certified recycling center can annually 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 July 1, 2022, a certified recycling center or location that is not a reverse vending machine 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO
Amended IN Assembly March 18, 2021
Amended IN Assembly March 18, 2021
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
Assembly Bill
No. 1311
Introduced by Assembly Member Wood(Coauthor: Senator McGuire)February 19, 2021
Introduced by Assembly Member Wood(Coauthor: Senator McGuire)
February 19, 2021
An act to amend Section 14505 14571 of the Public Resources Code, relating to recycling.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1311, as amended, Wood. Recycling: beverage containers: definition. containers: certified recycling centers.
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 defines the term beverage container for purposes of the act. 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. This bill would make nonsubstantive changes to that definition. require, on or before July 1, 2022, the department to develop and implement a process pursuant to which a certified recycling center can annually 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 July 1, 2022, a certified recycling center or location that is not a reverse vending machine 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 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 defines the term beverage container for purposes of the act. 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.
This bill would make nonsubstantive changes to that definition. require, on or before July 1, 2022, the department to develop and implement a process pursuant to which a certified recycling center can annually 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 July 1, 2022, a certified recycling center or location that is not a reverse vending machine 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.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 14571 of the Public Resources Code is amended to read:14571. (a) Except as otherwise provided in this chapter, there shall be 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 empty beverage containers and is open for business during at least 30 hours per week with a minimum of five hours of operation occurring during periods other than from Monday to Friday, from 9 a.m. to 5 p.m.(b) (1) Notwithstanding subdivision (a), the department may require a certified recycling center to operate 15 of its 30 hours of operation other than during 9 a.m. to 5 p.m.(2) Notwithstanding subdivision (a) and paragraph (1), the department may certify a recycling center that will operate less than 30 hours per week, if all of the following conditions are met:(A) The recycling center is in a rural region. For purposes of this subparagraph, rural region means a nonurban area identified by the department on an annual basis using the loan eligibility criteria of the Rural Housing Service of the United States Department of Agriculture, Rural Development Administration, or its successor agency. Those criteria include, but are not limited to, places, open country, cities, towns, or census designated places with populations that are less than 10,000 persons. The department may designate an area with a population of between 10,000 and 50,000 persons as a rural region, unless the area is identified as part of, or associated with, an urban area, as determined by the department on an individual basis.(B) The recycling center agrees to post a sign indicating the location of the nearest recycling center that is open at least 30 hours per week and that will accept all material types.(C) The needs of the community and the goals of this division will be best served by certification of the operation as a recycling center.(3) (A) Notwithstanding subdivision (a) and paragraph (1), on or before July 1, 2022, the department shall develop and implement a process pursuant to which a certified recycling center can annually apply to the department for authorization to operate on an alternative schedule. For purposes of this paragraph, alternative schedule means a schedule other than the schedule specified in subdivision (a) or that may be required by the department pursuant to paragraph (1).(B) The department shall include in the process developed pursuant to subparagraph (A), at a minimum, all of the following:(i) The form and content of the application required to be submitted to the department by a certified recycling center seeking to operate on an alternative schedule, and the manner in which the application shall be submitted to the department.(ii) The criteria used by the department to authorize a certified recycling center to operate on an alternative schedule, which shall include, but are not limited to, providing flexibility for certified recycling centers that are owned or operated by small or family-owned businesses, as determined by the department.(iii) A minimum number of hours per week, per month, or per year that a recycling center may be open for business and still meet the requirements of subdivision (c).(iv) Any other requirements the department deems necessary for a certified recycling center to operate on an alternative schedule and still meet the requirements of subdivision (c).(c) Before establishing operating hours for a certified recycling center pursuant to subdivision (b), the department shall make a determination that this action is necessary to further the goals of this division and that the proposed operating hours will not significantly decrease the ability of consumers to conveniently return beverage containers for the refund value to a certified recycling center redeeming all material types.(d) (1) For purposes of this section, if the a certified recycling center or location is staffed and is not a reverse vending machine, a the certified recycling center is open for business if all of the following requirements are met:(1)(A) 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.(2)(B) In addition to the sign specified in subdivision (i), a sign having a minimum size of two feet by two feet is posted at the certified recycling center or location indicating that the certified recycling center or location is open. Where allowed by local zoning requirements or where zoning restrictions apply, the sign shall be of the maximum allowable size.(3)(C) The prices paid, by weight or per container, are posted at the location.(2) (A) Notwithstanding paragraph (1), for purposes of this section, until July 1, 2022, a certified recycling center or location that is not a reverse vending machine is 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 both of the following requirements:(i) The certified recycling center or location ensures that an employee of the certified recycling center or location is present during all appointments and available to accept containers and to pay the refund values.(ii) The certified recycling center or location meets the requirements of subparagraphs (B) and (C) of paragraph (1).(B) The department shall authorize a certified recycling center or location to operate pursuant to an appointment system under subparagraph (A) 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.(e) (1) Except as provided in subdivisions (f) and (h), for the purpose of this section, if the recycling center consists of reverse vending machines or other unmanned automated equipment, the center is open for business if the equipment is properly functioning, accepting all types of empty beverage containers at the recycling location, and paying posted refund values no less than the minimums required by this division.(2) A recycling center that meets the requirements in paragraph (1) shall not be required to have an employee present during the hours of operation in order to be open for business.(f) If a recycling center consists of reverse vending machines or other automated equipment, the recycling center is open for business if the equipment is properly functioning, and accepting all types of empty beverage containers at one physical recycling location within the recycling location.(g) Whenever a recycling center that is a reverse vending machine is not open for business during the hours of operation required and posted pursuant to this section and Section 14570, the dealer that is hosting the reverse vending machine at its place of business shall redeem all empty beverage container types at all open cash registers or one designated location in the store, as specified on the sign required pursuant to subdivision (i).(h) (1) A recycling center that is a reverse vending machine that accepts all types of empty beverage containers except those that are three or more liters in volume and those that are pouches is open for business if it does both of the following:(A) Provides an attendant to accept all types of empty beverage containers for no less than 10 hours per week, with no less than five of those hours on a weekend day between the hours of 9 a.m. and 5 p.m.(B) Is operational and functioning properly for no less than 70 hours per week.(2) A handling fee shall not be paid to a recycling center described in paragraph (1) if the recycling center is located in a convenience zone in which a preexisting certified recycling center is located. Notwithstanding paragraph (1) of subdivision (c) of Section 14585, a preexisting certified recycling center located in the same convenience zone as a recycling center described in paragraph (1) shall continue to be eligible to receive handling fee payments.(3) The department shall pay handling fees to a recycling center described in paragraph (1), and the recycling center shall pay refund values, on the basis of the number of beverage containers redeemed through the reverse vending machine, and not on the basis of weight. The department shall determine the method of certifying the validity of the number of beverage containers counted by the reverse vending machine.(i) In addition to the sign specified in paragraph (2) of subdivision (d), each reverse vending machine shall be posted with a clear and conspicuous sign on or near the reverse vending machine that states that beverage containers may be redeemed by the host dealer if the machine is nonoperational at any time during the required hours of operation, pursuant to subdivision (g). The department shall determine the size and location of the sign and the message required to be printed on the sign.SECTION 1.Section 14505 of the Public Resources Code is amended to read:14505.Beverage container means the individual, separate bottle, can, jar, carton, or other receptacle, however denominated, in which a beverage is sold, and which is constructed of metal, glass, or plastic, or other material, or any combination of those materials. Beverage container does not include a cup or other similar open or loosely sealed receptacle.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 14571 of the Public Resources Code is amended to read:14571. (a) Except as otherwise provided in this chapter, there shall be 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 empty beverage containers and is open for business during at least 30 hours per week with a minimum of five hours of operation occurring during periods other than from Monday to Friday, from 9 a.m. to 5 p.m.(b) (1) Notwithstanding subdivision (a), the department may require a certified recycling center to operate 15 of its 30 hours of operation other than during 9 a.m. to 5 p.m.(2) Notwithstanding subdivision (a) and paragraph (1), the department may certify a recycling center that will operate less than 30 hours per week, if all of the following conditions are met:(A) The recycling center is in a rural region. For purposes of this subparagraph, rural region means a nonurban area identified by the department on an annual basis using the loan eligibility criteria of the Rural Housing Service of the United States Department of Agriculture, Rural Development Administration, or its successor agency. Those criteria include, but are not limited to, places, open country, cities, towns, or census designated places with populations that are less than 10,000 persons. The department may designate an area with a population of between 10,000 and 50,000 persons as a rural region, unless the area is identified as part of, or associated with, an urban area, as determined by the department on an individual basis.(B) The recycling center agrees to post a sign indicating the location of the nearest recycling center that is open at least 30 hours per week and that will accept all material types.(C) The needs of the community and the goals of this division will be best served by certification of the operation as a recycling center.(3) (A) Notwithstanding subdivision (a) and paragraph (1), on or before July 1, 2022, the department shall develop and implement a process pursuant to which a certified recycling center can annually apply to the department for authorization to operate on an alternative schedule. For purposes of this paragraph, alternative schedule means a schedule other than the schedule specified in subdivision (a) or that may be required by the department pursuant to paragraph (1).(B) The department shall include in the process developed pursuant to subparagraph (A), at a minimum, all of the following:(i) The form and content of the application required to be submitted to the department by a certified recycling center seeking to operate on an alternative schedule, and the manner in which the application shall be submitted to the department.(ii) The criteria used by the department to authorize a certified recycling center to operate on an alternative schedule, which shall include, but are not limited to, providing flexibility for certified recycling centers that are owned or operated by small or family-owned businesses, as determined by the department.(iii) A minimum number of hours per week, per month, or per year that a recycling center may be open for business and still meet the requirements of subdivision (c).(iv) Any other requirements the department deems necessary for a certified recycling center to operate on an alternative schedule and still meet the requirements of subdivision (c).(c) Before establishing operating hours for a certified recycling center pursuant to subdivision (b), the department shall make a determination that this action is necessary to further the goals of this division and that the proposed operating hours will not significantly decrease the ability of consumers to conveniently return beverage containers for the refund value to a certified recycling center redeeming all material types.(d) (1) For purposes of this section, if the a certified recycling center or location is staffed and is not a reverse vending machine, a the certified recycling center is open for business if all of the following requirements are met:(1)(A) 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.(2)(B) In addition to the sign specified in subdivision (i), a sign having a minimum size of two feet by two feet is posted at the certified recycling center or location indicating that the certified recycling center or location is open. Where allowed by local zoning requirements or where zoning restrictions apply, the sign shall be of the maximum allowable size.(3)(C) The prices paid, by weight or per container, are posted at the location.(2) (A) Notwithstanding paragraph (1), for purposes of this section, until July 1, 2022, a certified recycling center or location that is not a reverse vending machine is 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 both of the following requirements:(i) The certified recycling center or location ensures that an employee of the certified recycling center or location is present during all appointments and available to accept containers and to pay the refund values.(ii) The certified recycling center or location meets the requirements of subparagraphs (B) and (C) of paragraph (1).(B) The department shall authorize a certified recycling center or location to operate pursuant to an appointment system under subparagraph (A) 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.(e) (1) Except as provided in subdivisions (f) and (h), for the purpose of this section, if the recycling center consists of reverse vending machines or other unmanned automated equipment, the center is open for business if the equipment is properly functioning, accepting all types of empty beverage containers at the recycling location, and paying posted refund values no less than the minimums required by this division.(2) A recycling center that meets the requirements in paragraph (1) shall not be required to have an employee present during the hours of operation in order to be open for business.(f) If a recycling center consists of reverse vending machines or other automated equipment, the recycling center is open for business if the equipment is properly functioning, and accepting all types of empty beverage containers at one physical recycling location within the recycling location.(g) Whenever a recycling center that is a reverse vending machine is not open for business during the hours of operation required and posted pursuant to this section and Section 14570, the dealer that is hosting the reverse vending machine at its place of business shall redeem all empty beverage container types at all open cash registers or one designated location in the store, as specified on the sign required pursuant to subdivision (i).(h) (1) A recycling center that is a reverse vending machine that accepts all types of empty beverage containers except those that are three or more liters in volume and those that are pouches is open for business if it does both of the following:(A) Provides an attendant to accept all types of empty beverage containers for no less than 10 hours per week, with no less than five of those hours on a weekend day between the hours of 9 a.m. and 5 p.m.(B) Is operational and functioning properly for no less than 70 hours per week.(2) A handling fee shall not be paid to a recycling center described in paragraph (1) if the recycling center is located in a convenience zone in which a preexisting certified recycling center is located. Notwithstanding paragraph (1) of subdivision (c) of Section 14585, a preexisting certified recycling center located in the same convenience zone as a recycling center described in paragraph (1) shall continue to be eligible to receive handling fee payments.(3) The department shall pay handling fees to a recycling center described in paragraph (1), and the recycling center shall pay refund values, on the basis of the number of beverage containers redeemed through the reverse vending machine, and not on the basis of weight. The department shall determine the method of certifying the validity of the number of beverage containers counted by the reverse vending machine.(i) In addition to the sign specified in paragraph (2) of subdivision (d), each reverse vending machine shall be posted with a clear and conspicuous sign on or near the reverse vending machine that states that beverage containers may be redeemed by the host dealer if the machine is nonoperational at any time during the required hours of operation, pursuant to subdivision (g). The department shall determine the size and location of the sign and the message required to be printed on the sign.
SECTION 1. Section 14571 of the Public Resources Code is amended to read:
### SECTION 1.
14571. (a) Except as otherwise provided in this chapter, there shall be 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 empty beverage containers and is open for business during at least 30 hours per week with a minimum of five hours of operation occurring during periods other than from Monday to Friday, from 9 a.m. to 5 p.m.(b) (1) Notwithstanding subdivision (a), the department may require a certified recycling center to operate 15 of its 30 hours of operation other than during 9 a.m. to 5 p.m.(2) Notwithstanding subdivision (a) and paragraph (1), the department may certify a recycling center that will operate less than 30 hours per week, if all of the following conditions are met:(A) The recycling center is in a rural region. For purposes of this subparagraph, rural region means a nonurban area identified by the department on an annual basis using the loan eligibility criteria of the Rural Housing Service of the United States Department of Agriculture, Rural Development Administration, or its successor agency. Those criteria include, but are not limited to, places, open country, cities, towns, or census designated places with populations that are less than 10,000 persons. The department may designate an area with a population of between 10,000 and 50,000 persons as a rural region, unless the area is identified as part of, or associated with, an urban area, as determined by the department on an individual basis.(B) The recycling center agrees to post a sign indicating the location of the nearest recycling center that is open at least 30 hours per week and that will accept all material types.(C) The needs of the community and the goals of this division will be best served by certification of the operation as a recycling center.(3) (A) Notwithstanding subdivision (a) and paragraph (1), on or before July 1, 2022, the department shall develop and implement a process pursuant to which a certified recycling center can annually apply to the department for authorization to operate on an alternative schedule. For purposes of this paragraph, alternative schedule means a schedule other than the schedule specified in subdivision (a) or that may be required by the department pursuant to paragraph (1).(B) The department shall include in the process developed pursuant to subparagraph (A), at a minimum, all of the following:(i) The form and content of the application required to be submitted to the department by a certified recycling center seeking to operate on an alternative schedule, and the manner in which the application shall be submitted to the department.(ii) The criteria used by the department to authorize a certified recycling center to operate on an alternative schedule, which shall include, but are not limited to, providing flexibility for certified recycling centers that are owned or operated by small or family-owned businesses, as determined by the department.(iii) A minimum number of hours per week, per month, or per year that a recycling center may be open for business and still meet the requirements of subdivision (c).(iv) Any other requirements the department deems necessary for a certified recycling center to operate on an alternative schedule and still meet the requirements of subdivision (c).(c) Before establishing operating hours for a certified recycling center pursuant to subdivision (b), the department shall make a determination that this action is necessary to further the goals of this division and that the proposed operating hours will not significantly decrease the ability of consumers to conveniently return beverage containers for the refund value to a certified recycling center redeeming all material types.(d) (1) For purposes of this section, if the a certified recycling center or location is staffed and is not a reverse vending machine, a the certified recycling center is open for business if all of the following requirements are met:(1)(A) 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.(2)(B) In addition to the sign specified in subdivision (i), a sign having a minimum size of two feet by two feet is posted at the certified recycling center or location indicating that the certified recycling center or location is open. Where allowed by local zoning requirements or where zoning restrictions apply, the sign shall be of the maximum allowable size.(3)(C) The prices paid, by weight or per container, are posted at the location.(2) (A) Notwithstanding paragraph (1), for purposes of this section, until July 1, 2022, a certified recycling center or location that is not a reverse vending machine is 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 both of the following requirements:(i) The certified recycling center or location ensures that an employee of the certified recycling center or location is present during all appointments and available to accept containers and to pay the refund values.(ii) The certified recycling center or location meets the requirements of subparagraphs (B) and (C) of paragraph (1).(B) The department shall authorize a certified recycling center or location to operate pursuant to an appointment system under subparagraph (A) 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.(e) (1) Except as provided in subdivisions (f) and (h), for the purpose of this section, if the recycling center consists of reverse vending machines or other unmanned automated equipment, the center is open for business if the equipment is properly functioning, accepting all types of empty beverage containers at the recycling location, and paying posted refund values no less than the minimums required by this division.(2) A recycling center that meets the requirements in paragraph (1) shall not be required to have an employee present during the hours of operation in order to be open for business.(f) If a recycling center consists of reverse vending machines or other automated equipment, the recycling center is open for business if the equipment is properly functioning, and accepting all types of empty beverage containers at one physical recycling location within the recycling location.(g) Whenever a recycling center that is a reverse vending machine is not open for business during the hours of operation required and posted pursuant to this section and Section 14570, the dealer that is hosting the reverse vending machine at its place of business shall redeem all empty beverage container types at all open cash registers or one designated location in the store, as specified on the sign required pursuant to subdivision (i).(h) (1) A recycling center that is a reverse vending machine that accepts all types of empty beverage containers except those that are three or more liters in volume and those that are pouches is open for business if it does both of the following:(A) Provides an attendant to accept all types of empty beverage containers for no less than 10 hours per week, with no less than five of those hours on a weekend day between the hours of 9 a.m. and 5 p.m.(B) Is operational and functioning properly for no less than 70 hours per week.(2) A handling fee shall not be paid to a recycling center described in paragraph (1) if the recycling center is located in a convenience zone in which a preexisting certified recycling center is located. Notwithstanding paragraph (1) of subdivision (c) of Section 14585, a preexisting certified recycling center located in the same convenience zone as a recycling center described in paragraph (1) shall continue to be eligible to receive handling fee payments.(3) The department shall pay handling fees to a recycling center described in paragraph (1), and the recycling center shall pay refund values, on the basis of the number of beverage containers redeemed through the reverse vending machine, and not on the basis of weight. The department shall determine the method of certifying the validity of the number of beverage containers counted by the reverse vending machine.(i) In addition to the sign specified in paragraph (2) of subdivision (d), each reverse vending machine shall be posted with a clear and conspicuous sign on or near the reverse vending machine that states that beverage containers may be redeemed by the host dealer if the machine is nonoperational at any time during the required hours of operation, pursuant to subdivision (g). The department shall determine the size and location of the sign and the message required to be printed on the sign.
14571. (a) Except as otherwise provided in this chapter, there shall be 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 empty beverage containers and is open for business during at least 30 hours per week with a minimum of five hours of operation occurring during periods other than from Monday to Friday, from 9 a.m. to 5 p.m.(b) (1) Notwithstanding subdivision (a), the department may require a certified recycling center to operate 15 of its 30 hours of operation other than during 9 a.m. to 5 p.m.(2) Notwithstanding subdivision (a) and paragraph (1), the department may certify a recycling center that will operate less than 30 hours per week, if all of the following conditions are met:(A) The recycling center is in a rural region. For purposes of this subparagraph, rural region means a nonurban area identified by the department on an annual basis using the loan eligibility criteria of the Rural Housing Service of the United States Department of Agriculture, Rural Development Administration, or its successor agency. Those criteria include, but are not limited to, places, open country, cities, towns, or census designated places with populations that are less than 10,000 persons. The department may designate an area with a population of between 10,000 and 50,000 persons as a rural region, unless the area is identified as part of, or associated with, an urban area, as determined by the department on an individual basis.(B) The recycling center agrees to post a sign indicating the location of the nearest recycling center that is open at least 30 hours per week and that will accept all material types.(C) The needs of the community and the goals of this division will be best served by certification of the operation as a recycling center.(3) (A) Notwithstanding subdivision (a) and paragraph (1), on or before July 1, 2022, the department shall develop and implement a process pursuant to which a certified recycling center can annually apply to the department for authorization to operate on an alternative schedule. For purposes of this paragraph, alternative schedule means a schedule other than the schedule specified in subdivision (a) or that may be required by the department pursuant to paragraph (1).(B) The department shall include in the process developed pursuant to subparagraph (A), at a minimum, all of the following:(i) The form and content of the application required to be submitted to the department by a certified recycling center seeking to operate on an alternative schedule, and the manner in which the application shall be submitted to the department.(ii) The criteria used by the department to authorize a certified recycling center to operate on an alternative schedule, which shall include, but are not limited to, providing flexibility for certified recycling centers that are owned or operated by small or family-owned businesses, as determined by the department.(iii) A minimum number of hours per week, per month, or per year that a recycling center may be open for business and still meet the requirements of subdivision (c).(iv) Any other requirements the department deems necessary for a certified recycling center to operate on an alternative schedule and still meet the requirements of subdivision (c).(c) Before establishing operating hours for a certified recycling center pursuant to subdivision (b), the department shall make a determination that this action is necessary to further the goals of this division and that the proposed operating hours will not significantly decrease the ability of consumers to conveniently return beverage containers for the refund value to a certified recycling center redeeming all material types.(d) (1) For purposes of this section, if the a certified recycling center or location is staffed and is not a reverse vending machine, a the certified recycling center is open for business if all of the following requirements are met:(1)(A) 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.(2)(B) In addition to the sign specified in subdivision (i), a sign having a minimum size of two feet by two feet is posted at the certified recycling center or location indicating that the certified recycling center or location is open. Where allowed by local zoning requirements or where zoning restrictions apply, the sign shall be of the maximum allowable size.(3)(C) The prices paid, by weight or per container, are posted at the location.(2) (A) Notwithstanding paragraph (1), for purposes of this section, until July 1, 2022, a certified recycling center or location that is not a reverse vending machine is 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 both of the following requirements:(i) The certified recycling center or location ensures that an employee of the certified recycling center or location is present during all appointments and available to accept containers and to pay the refund values.(ii) The certified recycling center or location meets the requirements of subparagraphs (B) and (C) of paragraph (1).(B) The department shall authorize a certified recycling center or location to operate pursuant to an appointment system under subparagraph (A) 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.(e) (1) Except as provided in subdivisions (f) and (h), for the purpose of this section, if the recycling center consists of reverse vending machines or other unmanned automated equipment, the center is open for business if the equipment is properly functioning, accepting all types of empty beverage containers at the recycling location, and paying posted refund values no less than the minimums required by this division.(2) A recycling center that meets the requirements in paragraph (1) shall not be required to have an employee present during the hours of operation in order to be open for business.(f) If a recycling center consists of reverse vending machines or other automated equipment, the recycling center is open for business if the equipment is properly functioning, and accepting all types of empty beverage containers at one physical recycling location within the recycling location.(g) Whenever a recycling center that is a reverse vending machine is not open for business during the hours of operation required and posted pursuant to this section and Section 14570, the dealer that is hosting the reverse vending machine at its place of business shall redeem all empty beverage container types at all open cash registers or one designated location in the store, as specified on the sign required pursuant to subdivision (i).(h) (1) A recycling center that is a reverse vending machine that accepts all types of empty beverage containers except those that are three or more liters in volume and those that are pouches is open for business if it does both of the following:(A) Provides an attendant to accept all types of empty beverage containers for no less than 10 hours per week, with no less than five of those hours on a weekend day between the hours of 9 a.m. and 5 p.m.(B) Is operational and functioning properly for no less than 70 hours per week.(2) A handling fee shall not be paid to a recycling center described in paragraph (1) if the recycling center is located in a convenience zone in which a preexisting certified recycling center is located. Notwithstanding paragraph (1) of subdivision (c) of Section 14585, a preexisting certified recycling center located in the same convenience zone as a recycling center described in paragraph (1) shall continue to be eligible to receive handling fee payments.(3) The department shall pay handling fees to a recycling center described in paragraph (1), and the recycling center shall pay refund values, on the basis of the number of beverage containers redeemed through the reverse vending machine, and not on the basis of weight. The department shall determine the method of certifying the validity of the number of beverage containers counted by the reverse vending machine.(i) In addition to the sign specified in paragraph (2) of subdivision (d), each reverse vending machine shall be posted with a clear and conspicuous sign on or near the reverse vending machine that states that beverage containers may be redeemed by the host dealer if the machine is nonoperational at any time during the required hours of operation, pursuant to subdivision (g). The department shall determine the size and location of the sign and the message required to be printed on the sign.
14571. (a) Except as otherwise provided in this chapter, there shall be 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 empty beverage containers and is open for business during at least 30 hours per week with a minimum of five hours of operation occurring during periods other than from Monday to Friday, from 9 a.m. to 5 p.m.(b) (1) Notwithstanding subdivision (a), the department may require a certified recycling center to operate 15 of its 30 hours of operation other than during 9 a.m. to 5 p.m.(2) Notwithstanding subdivision (a) and paragraph (1), the department may certify a recycling center that will operate less than 30 hours per week, if all of the following conditions are met:(A) The recycling center is in a rural region. For purposes of this subparagraph, rural region means a nonurban area identified by the department on an annual basis using the loan eligibility criteria of the Rural Housing Service of the United States Department of Agriculture, Rural Development Administration, or its successor agency. Those criteria include, but are not limited to, places, open country, cities, towns, or census designated places with populations that are less than 10,000 persons. The department may designate an area with a population of between 10,000 and 50,000 persons as a rural region, unless the area is identified as part of, or associated with, an urban area, as determined by the department on an individual basis.(B) The recycling center agrees to post a sign indicating the location of the nearest recycling center that is open at least 30 hours per week and that will accept all material types.(C) The needs of the community and the goals of this division will be best served by certification of the operation as a recycling center.(3) (A) Notwithstanding subdivision (a) and paragraph (1), on or before July 1, 2022, the department shall develop and implement a process pursuant to which a certified recycling center can annually apply to the department for authorization to operate on an alternative schedule. For purposes of this paragraph, alternative schedule means a schedule other than the schedule specified in subdivision (a) or that may be required by the department pursuant to paragraph (1).(B) The department shall include in the process developed pursuant to subparagraph (A), at a minimum, all of the following:(i) The form and content of the application required to be submitted to the department by a certified recycling center seeking to operate on an alternative schedule, and the manner in which the application shall be submitted to the department.(ii) The criteria used by the department to authorize a certified recycling center to operate on an alternative schedule, which shall include, but are not limited to, providing flexibility for certified recycling centers that are owned or operated by small or family-owned businesses, as determined by the department.(iii) A minimum number of hours per week, per month, or per year that a recycling center may be open for business and still meet the requirements of subdivision (c).(iv) Any other requirements the department deems necessary for a certified recycling center to operate on an alternative schedule and still meet the requirements of subdivision (c).(c) Before establishing operating hours for a certified recycling center pursuant to subdivision (b), the department shall make a determination that this action is necessary to further the goals of this division and that the proposed operating hours will not significantly decrease the ability of consumers to conveniently return beverage containers for the refund value to a certified recycling center redeeming all material types.(d) (1) For purposes of this section, if the a certified recycling center or location is staffed and is not a reverse vending machine, a the certified recycling center is open for business if all of the following requirements are met:(1)(A) 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.(2)(B) In addition to the sign specified in subdivision (i), a sign having a minimum size of two feet by two feet is posted at the certified recycling center or location indicating that the certified recycling center or location is open. Where allowed by local zoning requirements or where zoning restrictions apply, the sign shall be of the maximum allowable size.(3)(C) The prices paid, by weight or per container, are posted at the location.(2) (A) Notwithstanding paragraph (1), for purposes of this section, until July 1, 2022, a certified recycling center or location that is not a reverse vending machine is 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 both of the following requirements:(i) The certified recycling center or location ensures that an employee of the certified recycling center or location is present during all appointments and available to accept containers and to pay the refund values.(ii) The certified recycling center or location meets the requirements of subparagraphs (B) and (C) of paragraph (1).(B) The department shall authorize a certified recycling center or location to operate pursuant to an appointment system under subparagraph (A) 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.(e) (1) Except as provided in subdivisions (f) and (h), for the purpose of this section, if the recycling center consists of reverse vending machines or other unmanned automated equipment, the center is open for business if the equipment is properly functioning, accepting all types of empty beverage containers at the recycling location, and paying posted refund values no less than the minimums required by this division.(2) A recycling center that meets the requirements in paragraph (1) shall not be required to have an employee present during the hours of operation in order to be open for business.(f) If a recycling center consists of reverse vending machines or other automated equipment, the recycling center is open for business if the equipment is properly functioning, and accepting all types of empty beverage containers at one physical recycling location within the recycling location.(g) Whenever a recycling center that is a reverse vending machine is not open for business during the hours of operation required and posted pursuant to this section and Section 14570, the dealer that is hosting the reverse vending machine at its place of business shall redeem all empty beverage container types at all open cash registers or one designated location in the store, as specified on the sign required pursuant to subdivision (i).(h) (1) A recycling center that is a reverse vending machine that accepts all types of empty beverage containers except those that are three or more liters in volume and those that are pouches is open for business if it does both of the following:(A) Provides an attendant to accept all types of empty beverage containers for no less than 10 hours per week, with no less than five of those hours on a weekend day between the hours of 9 a.m. and 5 p.m.(B) Is operational and functioning properly for no less than 70 hours per week.(2) A handling fee shall not be paid to a recycling center described in paragraph (1) if the recycling center is located in a convenience zone in which a preexisting certified recycling center is located. Notwithstanding paragraph (1) of subdivision (c) of Section 14585, a preexisting certified recycling center located in the same convenience zone as a recycling center described in paragraph (1) shall continue to be eligible to receive handling fee payments.(3) The department shall pay handling fees to a recycling center described in paragraph (1), and the recycling center shall pay refund values, on the basis of the number of beverage containers redeemed through the reverse vending machine, and not on the basis of weight. The department shall determine the method of certifying the validity of the number of beverage containers counted by the reverse vending machine.(i) In addition to the sign specified in paragraph (2) of subdivision (d), each reverse vending machine shall be posted with a clear and conspicuous sign on or near the reverse vending machine that states that beverage containers may be redeemed by the host dealer if the machine is nonoperational at any time during the required hours of operation, pursuant to subdivision (g). The department shall determine the size and location of the sign and the message required to be printed on the sign.
14571. (a) Except as otherwise provided in this chapter, there shall be 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 empty beverage containers and is open for business during at least 30 hours per week with a minimum of five hours of operation occurring during periods other than from Monday to Friday, from 9 a.m. to 5 p.m.
(b) (1) Notwithstanding subdivision (a), the department may require a certified recycling center to operate 15 of its 30 hours of operation other than during 9 a.m. to 5 p.m.
(2) Notwithstanding subdivision (a) and paragraph (1), the department may certify a recycling center that will operate less than 30 hours per week, if all of the following conditions are met:
(A) The recycling center is in a rural region. For purposes of this subparagraph, rural region means a nonurban area identified by the department on an annual basis using the loan eligibility criteria of the Rural Housing Service of the United States Department of Agriculture, Rural Development Administration, or its successor agency. Those criteria include, but are not limited to, places, open country, cities, towns, or census designated places with populations that are less than 10,000 persons. The department may designate an area with a population of between 10,000 and 50,000 persons as a rural region, unless the area is identified as part of, or associated with, an urban area, as determined by the department on an individual basis.
(B) The recycling center agrees to post a sign indicating the location of the nearest recycling center that is open at least 30 hours per week and that will accept all material types.
(C) The needs of the community and the goals of this division will be best served by certification of the operation as a recycling center.
(3) (A) Notwithstanding subdivision (a) and paragraph (1), on or before July 1, 2022, the department shall develop and implement a process pursuant to which a certified recycling center can annually apply to the department for authorization to operate on an alternative schedule. For purposes of this paragraph, alternative schedule means a schedule other than the schedule specified in subdivision (a) or that may be required by the department pursuant to paragraph (1).
(B) The department shall include in the process developed pursuant to subparagraph (A), at a minimum, all of the following:
(i) The form and content of the application required to be submitted to the department by a certified recycling center seeking to operate on an alternative schedule, and the manner in which the application shall be submitted to the department.
(ii) The criteria used by the department to authorize a certified recycling center to operate on an alternative schedule, which shall include, but are not limited to, providing flexibility for certified recycling centers that are owned or operated by small or family-owned businesses, as determined by the department.
(iii) A minimum number of hours per week, per month, or per year that a recycling center may be open for business and still meet the requirements of subdivision (c).
(iv) Any other requirements the department deems necessary for a certified recycling center to operate on an alternative schedule and still meet the requirements of subdivision (c).
(c) Before establishing operating hours for a certified recycling center pursuant to subdivision (b), the department shall make a determination that this action is necessary to further the goals of this division and that the proposed operating hours will not significantly decrease the ability of consumers to conveniently return beverage containers for the refund value to a certified recycling center redeeming all material types.
(d) (1) For purposes of this section, if the a certified recycling center or location is staffed and is not a reverse vending machine, a the certified recycling center is open for business if all of the following requirements are met:
(1)
(A) 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.
(2)
(B) In addition to the sign specified in subdivision (i), a sign having a minimum size of two feet by two feet is posted at the certified recycling center or location indicating that the certified recycling center or location is open. Where allowed by local zoning requirements or where zoning restrictions apply, the sign shall be of the maximum allowable size.
(3)
(C) The prices paid, by weight or per container, are posted at the location.
(2) (A) Notwithstanding paragraph (1), for purposes of this section, until July 1, 2022, a certified recycling center or location that is not a reverse vending machine is 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 both of the following requirements:
(i) The certified recycling center or location ensures that an employee of the certified recycling center or location is present during all appointments and available to accept containers and to pay the refund values.
(ii) The certified recycling center or location meets the requirements of subparagraphs (B) and (C) of paragraph (1).
(B) The department shall authorize a certified recycling center or location to operate pursuant to an appointment system under subparagraph (A) 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.
(e) (1) Except as provided in subdivisions (f) and (h), for the purpose of this section, if the recycling center consists of reverse vending machines or other unmanned automated equipment, the center is open for business if the equipment is properly functioning, accepting all types of empty beverage containers at the recycling location, and paying posted refund values no less than the minimums required by this division.
(2) A recycling center that meets the requirements in paragraph (1) shall not be required to have an employee present during the hours of operation in order to be open for business.
(f) If a recycling center consists of reverse vending machines or other automated equipment, the recycling center is open for business if the equipment is properly functioning, and accepting all types of empty beverage containers at one physical recycling location within the recycling location.
(g) Whenever a recycling center that is a reverse vending machine is not open for business during the hours of operation required and posted pursuant to this section and Section 14570, the dealer that is hosting the reverse vending machine at its place of business shall redeem all empty beverage container types at all open cash registers or one designated location in the store, as specified on the sign required pursuant to subdivision (i).
(h) (1) A recycling center that is a reverse vending machine that accepts all types of empty beverage containers except those that are three or more liters in volume and those that are pouches is open for business if it does both of the following:
(A) Provides an attendant to accept all types of empty beverage containers for no less than 10 hours per week, with no less than five of those hours on a weekend day between the hours of 9 a.m. and 5 p.m.
(B) Is operational and functioning properly for no less than 70 hours per week.
(2) A handling fee shall not be paid to a recycling center described in paragraph (1) if the recycling center is located in a convenience zone in which a preexisting certified recycling center is located. Notwithstanding paragraph (1) of subdivision (c) of Section 14585, a preexisting certified recycling center located in the same convenience zone as a recycling center described in paragraph (1) shall continue to be eligible to receive handling fee payments.
(3) The department shall pay handling fees to a recycling center described in paragraph (1), and the recycling center shall pay refund values, on the basis of the number of beverage containers redeemed through the reverse vending machine, and not on the basis of weight. The department shall determine the method of certifying the validity of the number of beverage containers counted by the reverse vending machine.
(i) In addition to the sign specified in paragraph (2) of subdivision (d), each reverse vending machine shall be posted with a clear and conspicuous sign on or near the reverse vending machine that states that beverage containers may be redeemed by the host dealer if the machine is nonoperational at any time during the required hours of operation, pursuant to subdivision (g). The department shall determine the size and location of the sign and the message required to be printed on the sign.
Beverage container means the individual, separate bottle, can, jar, carton, or other receptacle, however denominated, in which a beverage is sold, and which is constructed of metal, glass, or plastic, or other material, or any combination of those materials. Beverage container does not include a cup or other similar open or loosely sealed receptacle.