(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) Notwithstanding subdivision (a), the department may require a certified recycling center to operate up to 50 percent of its hours of operation other than during 9 a.m. to 5 p.m.

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

(c) (1) Notwithstanding subdivisions (a) and (b), the department may certify a recycling center that will operate less than 30 hours per week, if either 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 needs of the community and the goals of this division will be best served by certification of the operation as a recycling center.

(2) A recycling center that is certified pursuant to paragraph (1) shall 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.

(3) (A) Notwithstanding subdivisions (a) and (b), on or before July 1, 2022, the department shall develop and implement a process pursuant to which a certified recycling center can apply to the department for authorization to operate on an alternative schedule. 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 subdivision (b), including reduced hours of operation.

(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 and centers that are experiencing operational challenges due to natural disasters or states of emergency, 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 (d).

(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 (d).

(d) Before establishing operating hours for a certified recycling center pursuant to subdivision (c), 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.

(e) (1) For purposes of this section, if a certified recycling center or location is staffed and is not a reverse vending machine or a bag drop recycling center, the certified recycling center is “open for business” if all of the following requirements are met:

(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.

(B) In addition to the sign specified in subdivision (j), 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.

(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 January 1, 2023, a certified recycling center or location that is not a reverse vending machine or a bag drop recycling center 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.

(f) (1) Except as provided in subdivisions (g) and (i), for the purpose of this section, if the recycling center consists of reverse vending machines or other unmanned automated equipment, or is a bag drop recycling center, the center is “open for business” if the equipment or bag drop 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.”

(g) If a recycling center consists of reverse vending machines or other automated equipment, or is a bag drop recycling center, the recycling center is “open for business” if the equipment or bag drop is properly functioning, and accepting all types of empty beverage containers at one physical recycling location within the recycling location.

(h) 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 at the store, as specified on the sign required pursuant to subdivision (j).

(i) (1) A recycling center that is a reverse vending machine or a bag drop recycling center 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 or bag drop, 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 or bag drop.

(j) In addition to the sign specified in subparagraph (B) of paragraph (1) of subdivision (e), 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 (h). The department shall determine the size and location of the sign and the message required to be printed on the sign.

(Amended by Stats. 2021, Ch. 506, Sec. 6. (AB 1311) Effective January 1, 2022.)