Public Resources Code — Part 3 | PRC — United States — California law | Esheria

Public Resources Code

Part 3 of 41 · provisions 401–600

This act is named the Public Resources Code.

Jurisdiction
United States — California
Instrument
Code
Citation
PRC
Version
Undated source snapshot
Language
en
Official source
View official record ↗
Complete work
View statute overview
ASTM standards Article title CEQA exceptions CEQA guidelines CEQA mitigation Commercial solid waste recycling Confidentiality Conservation Diablo Canyon powerplant EV charging infrastructure Geodesy Greenhouse gas emissions LEED certification NEPA-linked projects Orthometric heights PACE PACE bonds PACE financing PACE program PACE program applications PACE program eligibility PACE reserve program PACE risk mitigation PET beverage containers +7,596 more

Statute overview

About this statute

The Legislature states that increased requests to take water from state streams, especially for electric energy, may harm streamflows and dependent fish and wildlife resources. The Director of Fish and Game must identify and list state streams and watercourses that need minimum flow levels, include significant ones with findings, rank them by need, and finish the initial list by January 1, 1984. The Director of Fish and Game must prepare proposed streamflow requirements for each identified stream or watercourse and send them to the State Water Resources Control Board. The Director of Fish and Game may review any streamflow requirement and may propose changes, and any proposed change must be sent to the State Water Resources Control Board. The Department of Fish and Game must start studies to develop proposed streamflow requirements, and finish each study within three years.

Read the provisions Ask with citations

Legal text

Provisions of Public Resources Code

Showing 200 of 8,095

  1. 14571.1.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 6. Returns [14570 - 14576] ( Chapter 6 added by Stats. 1986, Ch. 1290, Sec. 2. )

    Verify source ↗

    Each year, the department must designate all convenience zones statewide by January 1 and prepare map(s) showing them.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 6. Returns [14570 - 14576] ( Chapter 6 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## 14571.1. On or before January 1 of each year, the department shall, on a statewide basis, designate all convenience zones as of that date, including convenience zones in underserved areas, and shall prepare a map or maps showing these convenience zones. (Amended by Stats. 2008, Ch. 696, Sec. 14. Effective September 30, 2008.)
  2. 14571.2.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 6. Returns [14570 - 14576] ( Chapter 6 added by Stats. 1986, Ch. 1290, Sec. 2. )

    Verify source ↗

    The department must continuously help dealers and recyclers establish certified recycling locations in each convenience zone.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 6. Returns [14570 - 14576] ( Chapter 6 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## 14571.2. The department shall continuously assist dealers and recyclers to establish certified recycling locations within each convenience zone. This assistance includes, but is not limited to, providing information to companies and organizations interested in operating recycling in the convenience zone; providing dealers with names of prospective recyclers for the convenience zone and providing recyclers with the names of dealers in need of a recycler for a convenience zone; providing dealers and recyclers with information on grants, advertising funds, and other resources available; and providing recyclers with advice regarding appearance and image of the recycling center and the efficient handling and transportation of recycled beverage containers. (Amended by Stats. 1988, Ch. 1528, Sec. 17. Effective September 29, 1988.)
  3. 14571.3.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 6. Returns [14570 - 14576] ( Chapter 6 added by Stats. 1986, Ch. 1290, Sec. 2. )

    Verify source ↗

    The department must help certified recyclers, inspect certified recycling centers without notice, and assess civil penalties for violations under the referenced section.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 6. Returns [14570 - 14576] ( Chapter 6 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## 14571.3. (a) The department shall continuously assist any certified recycler to achieve greater service to the public in an economical and cost-effective manner. This assistance shall include, but not be limited to, advice on all of the following: (1) Methods to enhance public participation in recycling. (2) The most beneficial location, siting, and image of a recycling location. (3) Methods to reduce costs and optimize efficiencies of existing resources. (b) The department shall conduct regular, unannounced inspections of certified recycling centers for the purpose of determining that the requirements of this division are satisfied. The department shall assess civil penalties pursuant to Section 14591.1 for violations at certified recycling centers. (Amended by Stats. 2001, Ch. 874, Sec. 8. Effective October 14, 2001.)
  4. 14571.4.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 6. Returns [14570 - 14576] ( Chapter 6 added by Stats. 1986, Ch. 1290, Sec. 2. )

    Verify source ↗

    The department must certify one operator for the Pacific Beach Mobile Recycling Program, and dealers and recycling operators in the Pacific Beach area must meet specific signage, service, and certification conditions.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 6. Returns [14570 - 14576] ( Chapter 6 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## 14571.4. (a) (1) The department shall certify one operator to establish the Pacific Beach Mobile Recycling Program that incorporates all convenience zones in the Pacific Beach area of San Diego County. (2) For the purposes of this section, “the Pacific Beach area of San Diego County” means the area designated in the Pacific Beach Community Plan. (b) Notwithstanding Sections 14570 and 14571, all convenience zones within the Pacific Beach area of San Diego County shall be considered served if both of the following conditions are met: (1) The recycling center operator meets all of the following conditions: (A) The center is open for business at least once each week at a number of locations equal to the number of convenience zones in the Pacific Beach area of San Diego County as determined by the department annually, three of which are within existing convenience zones in the Pacific Beach area of San Diego County. (B) The center is open for business at least eight hours per day at each location. (C) The center agrees to accept, and pay the refund value for, all eligible beverage container types. (D) The center is certified by the department for operation in the number of locations equal to the number of convenience zones in the Pacific Beach area of San Diego County, as determined by the department. (2) All dealers within the Pacific Beach area of San Diego County post 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 Pacific Beach area. (c) A recycling center operator approved by the department, that meets the conditions prescribed in paragraphs (1) and (2) of 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. (d) If the department determines that it is necessary to adopt or revise regulations to implement this section, the regulations shall be adopted or revised as emergency regulations. The Office of Administrative Law shall consider these emergency regulations to be necessary for the immediate preservation of the public peace, health, and safety, and the general welfare for the purposes of Section 11349.6 of the Government Code. Notwithstanding the 120-day period provided for in subdivision (e) of Section 11346.1 of the Government Code, the emergency regulations shall be repealed 180 days from the effective date of the regulations. (Amended by Stats. 1997, Ch. 488, Sec. 1. Effective January 1, 1998.)
  5. 14571.5.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 6. Returns [14570 - 14576] ( Chapter 6 added by Stats. 1986, Ch. 1290, Sec. 2. )

    Verify source ↗

    The department may, on petition, increase or designate a convenience zone in a rural region if the stated location and sales criteria are met.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 6. Returns [14570 - 14576] ( Chapter 6 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## 14571.5. The department may, in a rural region, as identified pursuant to subparagraph (A) of paragraph (1) of subdivision (c) of Section 14571, upon petition by an interested person, do either of the following: (a) (1) Increase a convenience zone to include the area up to a five-mile radius of a supermarket, if the expanded convenience zone would then be served by a single existing certified recycling center or location. (2) This subdivision applies only to a convenience zone that is otherwise not being served by a certified recycling center or location meeting the requirements of Section 14571 or is exempted by the department pursuant to Section 14571.8. (b) (1) Designate a convenience zone pursuant to Section 14571.1 in an area where there is no supermarket, but with two or more dealers located within a one-mile radius of each other, and that meets all of the following criteria: (A) The dealers in that area have combined gross annual sales of two million dollars ($2,000,000) or more, as certified by the petitioner in an affidavit filed with the petition. (B) The convenience zone encompasses a three-mile radius, with the center of the zone established at the dealer, located closest to the existing recycling center specified in subparagraph (D). (C) The convenience zone does not overlap any other existing convenience zone. (D) The convenience zone is served by a single existing certified recycling center. (2) The department shall identify the dealer locations only for the purpose of providing a reference point in the establishment of the convenience zone pursuant to this subdivision. (3) If the existing recycling location in a convenience zone designated pursuant to this subdivision ceases operations, the convenience zone shall also cease to exist until a new recycling location is established, and the department is petitioned by an interested person to designate a convenience zone. (Amended by Stats. 2022, Ch. 610, Sec. 23. (SB 1013) Effective January 1, 2023.)
  6. 14571.7.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 6. Returns [14570 - 14576] ( Chapter 6 added by Stats. 1986, Ch. 1290, Sec. 2. )

    Verify source ↗

    If a recycling location in a convenience zone stops operating, the department must notify dealers, and dealers must establish a replacement location within the stated timeframe unless an exemption applies.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 6. Returns [14570 - 14576] ( Chapter 6 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## 14571.7. (a) Except as provided in subdivision (b), in any convenience zone where a recycling location or locations were initially established, but where the location or locations cease to operate in accordance with Section 14571, the department shall notify all dealers within that convenience zone that a recycling location is required to be established within 60 days. If, within 30 days of the notification, a recycling location that satisfies the requirements of Section 14571 has not been established, the department shall notify all dealers within that zone, and one or more dealers within that zone shall establish, or cause to be established, a recycling location. (b) In any convenience zone where a recycling location or locations were initially established, but where the location or locations cease to operate in accordance with Section 14571, the department shall determine, pursuant to Section 14571.8, if the convenience zone is eligible for an exemption. If the convenience zone meets all of the requirements for an exemption pursuant to Section 14571.8, the department shall grant one exemption. If the department determines that a convenience zone is not eligible for an exemption pursuant to subdivision (a) and Section 14571.8, the department shall notify all dealers within that convenience zone that a recycling location is required to be established within 60 days. If, within 30 days of the notification, a recycling location that satisfies the requirements of Section 14571 has not been established, the department shall notify all dealers within that zone, and one or more dealers within that zone shall establish, or cause to be established, a recycling location. (Amended by Stats. 2008, Ch. 696, Sec. 15. Effective September 30, 2008.)
  7. 14571.8.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 6. Returns [14570 - 14576] ( Chapter 6 added by Stats. 1986, Ch. 1290, Sec. 2. )

    Verify source ↗

    Dealers may not put lease restrictions in post-1987 leases that block recycling locations, and the department/director may only handle convenience-zone exemptions under the listed procedures and limits.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 6. Returns [14570 - 14576] ( Chapter 6 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## 14571.8. (a) No lease entered into by a dealer after January 1, 1987, may contain a leasehold restriction that prohibits or results in the prohibition of the establishment of a recycling location. (b) The director may grant an exemption from the requirements of Section 14571 for an individual convenience zone only after the department solicits public testimony on whether or not to provide an exemption from Section 14571. The solicitation process shall be designed by the department to ensure that operators of recycling centers, dealers, and members of the public in the jurisdiction affected by the proposed exemption are aware of the proposed exemption. After evaluation of the testimony and any field review conducted, the department shall base a decision to exempt a convenience zone on one, or any combination, of the following factors: (1) The exemption 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. (2) Except as provided in paragraph (5), the nearest certified recycling center is within a reasonable distance of the convenience zone being considered from exemption. (3) The convenience zone is in the area of a curbside recycling program that meets the criteria specified in Section 14509.5. (4) The requirements of Section 14571 cannot be met in a particular convenience zone due to local zoning or the dealer’s leasehold restrictions for leases in effect on January 1, 1987, and the local zoning or leasehold restrictions are not within the authority of the department and the dealer. However, any lease executed after January 1, 1987, shall meet the requirements specified in subdivision (a). (5) The convenience zone has redeemed less than 60,000 containers per month for the prior 12 months and, notwithstanding paragraph (2), a certified recycling center is located within one mile of the convenience zone that is the subject of the exemption. (c) The department shall review each convenience zone in which a certified recycling center was not located on January 1, 1996, to determine the eligibility of the convenience zone under the exemption criteria specified in subdivision (b). (d) The total number of exemptions granted by the director under this section shall not exceed 15 percent of the total number of convenience zones identified pursuant to this section. (e) The department may, on its own motion, or upon petition by any interested person, revoke a convenience zone exemption if either of the following occurs: (1) The condition or conditions that caused the convenience zone to be exempt no longer exists, and the department determines that the criteria for an exemption specified in this section are not presently applicable to the convenience zone. (2) The department determines that the convenience zone exemption was granted due to an administrative error. (f) If an exemption is revoked and a recycling center is not certified and operational in the convenience zone, the department shall, within 10 days of the date of the decision to revoke, serve all dealers in the convenience zone with the notice specified in subdivision (a) of Section 14571.7. (g) An exemption shall not be revoked when a recycling center becomes certified and operational within an exempt convenience zone unless either of the events specified in paragraphs (1) and (2) of subdivision (e) occurs. (Amended by Stats. 2022, Ch. 610, Sec. 25. (SB 1013) Effective January 1, 2023.)
  8. 14571.9.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 6. Returns [14570 - 14576] ( Chapter 6 added by Stats. 1986, Ch. 1290, Sec. 2. )

    Verify source ↗

    This section lets the department approve a limited number of recycling pilot projects and sets operating, signage, reporting, and location rules for pilot projects, dealers, recyclers, and the department.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 6. Returns [14570 - 14576] ( Chapter 6 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## 14571.9. (a) (1) Until January 1, 2032, the department may approve up to 10 recycling pilot projects that meet the requirements of this section. (2) The pilot projects, which shall be submitted by applicant jurisdictions, shall be designed to improve redemption opportunities in unserved convenience zones. It is the intent of the Legislature to create new, convenient recycling opportunities to improve consumer redemption of eligible beverage containers and increase recycling rates in jurisdictions served by pilot projects and to provide recycling opportunities to improve consumer redemption of eligible containers in pilot project areas, including in rural areas. (3) Unless otherwise specified in or authorized by the department under this section, a pilot project operator shall be subject to all requirements imposed on recycling centers as specified in this division and any implementing regulations, except for the requirements specified in Sections 14570 and 14571. (4) If a pilot project ends before January 1, 2032, the department may consider additional pilot project proposals, but not more than 10 pilot projects may operate at the same time. (b) (1) Notwithstanding Sections 14570, 14571, and 14578, until January 1, 2027, a convenience zone that falls within the area of a pilot project approved by the department under this section shall be deemed served if the pilot project is operational. (2) (A) A dealer within the jurisdiction of a pilot project shall post a clear and conspicuous sign of at least 10 inches by 15 inches at each public entrance to the dealer’s place of business that specifies the name of the pilot project location nearest to the dealer, as provided by the department, the days and hours of operation of the pilot project location, and the toll-free telephone number established by the department under subparagraph (B). This information shall be kept accurate and up to date. (B) The department shall establish a toll-free telephone number and an internet website to disseminate information regarding beverage container recycling opportunities. (3) If a pilot project ceases operation or the pilot project’s certification has been revoked by the department, a dealer in the convenience zone served by the pilot project shall comply with Sections 14570, 14571, and 14578. The department shall inform all dealers within a convenience zone of any change in status of a pilot project serving that convenience zone within 10 calendar days. (c) The requirements for a pilot project shall include, but not be limited to, all of the following: (1) A pilot project shall serve one of the following: (A) At least three unserved convenience zones. (B) One or more convenience zones impacting a total of at least 30 dealers in unserved convenience zones. (C) A rural region. (2) A pilot project shall be in a jurisdiction that, as of the effective date of the pilot project application, meets at least one of the following conditions: (A) Had at least six unserved convenience zones. (B) Had 75 percent of the convenience zones in the jurisdiction unserved. (C) Is located in a rural region. (3) A pilot project shall not establish a location for redeeming a beverage container for its refund value that is outside of the pilot project area. (4) A pilot project recycler may be located anywhere within the pilot project area. (5) A pilot project shall be served only by a pilot project recycler that meets all of the following requirements: (A) The pilot project recycler shall be open a minimum of one weekday per week for at least eight hours. (B) In addition to the requirement in subparagraph (C), the pilot project recycler shall be open at least five hours per week during periods other than from Monday through Friday from 9 a.m. to 5 p.m. (C) The pilot project recycler shall be open at least eight hours per week during the weekend. (D) The pilot project recycler shall accept and pay the refund value for all eligible beverage container types. (E) The pilot project operator shall notify the department in writing 10 calendar days before any change of the location where redeemed empty beverage containers are stored. (F) The pilot project recycler shall only redeem eligible empty beverage container material purchased from consumers for recycling, and shall not accept material from any other certified or noncertified person or entity, including, but not limited to, recycling centers, dropoff or collection programs, curbside programs, and processors. (G) The pilot project operator shall keep separate transaction records for each location within the pilot project, and in the case of mobile collection programs, separate transaction records for each location served by the mobile unit. (6) A processor shall not issue an authorization to cancel under subdivision (b) of Section 2110 of Title 14 of the California Code of Regulations to a pilot project recycler. (7) Additional requirements as deemed necessary by the department. (d) A pilot project established pursuant to this section may provide stationary dropoff locations or mobile collection programs. (e) A jurisdiction that opts to be served by a pilot project shall submit its pilot project proposal to the department for approval. The proposal shall include all of the following elements: (1) A map of the pilot project area, including intended locations for pilot project recyclers. (2) A list of proposed operators of pilot project recyclers. (3) Contact information for the jurisdiction. (4) Planned dates of operation. (5) A description of how the pilot project will meet the requirements of this section. (6) Additional elements as determined by the department. (f) The department may issue probationary certificates of operation to pilot project recyclers participating in an approved pilot project. A certificate issued under this section shall be valid, and shall specify that the certificate is valid, for a period of not more than five years or until the end of the pilot project, whichever comes first. Notwithstanding certification requirements imposed by this division or implementing regulations, the following application review timelines shall apply to pilot projects: (1) The department shall notify each applicant and the appropriate pilot project contact within 30 calendar days of receipt of the proposal, or receipt of additional information if the proposal was initially deemed incomplete, that the proposal for certification is either complete and accepted for further review or incomplete and the reasons for incompleteness. (2) Upon determining that a proposal is complete, the department shall notify the applicant and appropriate pilot project contact in writing within 30 calendar days that the application is either approved with probationary status or denied and the reasons for denial. (g) In approving pilot projects, the department shall consider all of the following factors: (1) The number of unserved convenience zones that will be served by the pilot project. (2) The total number of hours per week the pilot project recycler will operate. (3) The total number of locations that will be served under the pilot project. (4) Whether the jurisdiction has actively prevented the siting or operation of a certified recycling center at a supermarket site. (5) The geographic distribution of jurisdictions proposing a pilot project. (6) Potential impacts to existing certified recycling centers. (7) Additional factors deemed relevant by the department. (h) (1) The department may revoke the approval of a pilot project or the associated probationary certification of a pilot project recycler participating in the pilot project, or both, at any time if the jurisdiction or pilot project operator fails to meet the conditions outlined in the department’s approval of the application or violates this division or a regulation adopted under this division, except as to violations of the division or regulations that are inconsistent with the operation of an approved pilot project. If the department revokes a probationary certification of a pilot project recycler, the department may require the jurisdiction or the pilot project operator to take the steps necessary to ensure that the pilot project achieves its goals consistent with the approved pilot project application. (2) If the approval of a pilot project is revoked, the review process described in Section 14571.7 shall apply to each convenience zone that was a part of the pilot project. (i) (1) Notwithstanding paragraph (1) of subdivision (c) of Section 14585, a pilot project recycler that has been certified by the department on a probationary basis under an approved pilot project shall be eligible to apply for handling fees under Section 14585 and to receive from certified processors the amounts specified in subdivision (a) of Section 14573.5 for refund values, administrative costs, and processing payments. (2) Notwithstanding paragraph (1) of subdivision (c) of Section 14585, the existence of a pilot project recycler shall not affect the handling fee eligibility of a recycling center. (3) For purposes of handling fee eligibility, a pilot project recycler may be located anywhere within a pilot project area. (j) The department may adopt emergency regulations to implement this section. Emergency regulations, if adopted, shall be adopted in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and for the purposes of that chapter, including Section 11349.6 of the Government Code, the adoption of these regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health and safety, and general welfare. Emergency regulations adopted under this section shall be filed with, but not be repealed by, the Office of Administrative Law and shall remain in effect until amended or repealed by the department or January 1, 2034, whichever comes first. (k) This section shall become operative on January 1, 2025. (l) This section shall become inoperative on January 1, 2034, and, as of January 1, 2034, is repealed. (Amended (as added by Stats. 2022, Ch. 610, Sec. 27) by Stats. 2024, Ch. 182, Sec. 2. (SB 1113) Effective January 1, 2025. Repealed as of January 1, 2034, by its own provisions.)
  9. 14572.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 6. Returns [14570 - 14576] ( Chapter 6 added by Stats. 1986, Ch. 1290, Sec. 2. )

    Verify source ↗

    Certified recycling centers must accept empty beverage containers and pay the refund value, subject to stated exceptions.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 6. Returns [14570 - 14576] ( Chapter 6 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## 14572. (a) (1) Except as provided in subdivision (b), a certified recycling center shall accept from any consumer or dropoff or collection program any empty beverage container, and shall pay to the consumer or dropoff or collection program the refund value of the beverage container. (2) Except as provided in paragraph (3), the recycling center may pay the refund value based on the weight of returned containers. (3) On and after September 1, 2013, for beverage containers redeemed by consumers, a certified recycling center shall pay the refund value using the applicable segregated rate, as defined in paragraph (43) of subsection (a) of Section 2000 of Title 14 of the California Code of Regulations, as that section read on September 1, 2013, which shall be based on the weight of the redeemed beverage containers. (b) Any recycling center or processor that was in existence on January 1, 1986, and that refused, as of January 1, 1986, to accept at a particular location a certain type of empty beverage container may continue to refuse to accept at the location the type or types of empty beverage containers that the recycling center or processor refused to accept as of January 1, 1986. A certified recycling center that refuses, pursuant to this subdivision, to accept a certain type or types of empty beverage containers is not eligible to receive handling fees unless the center agrees to accept all types of empty beverage containers and is a supermarket site. This subdivision does not preclude the certified recycling center from receiving a handling fee for beverage containers redeemed at supermarket sites that do accept all types of containers. (c) The department shall develop procedures by which recycling centers and processors that meet the criteria of subdivision (b) may recertify to change the material types accepted. (d) (1) Only a certified recycling center may pay the refund value to consumers or dropoff or collection programs. A person shall not pay a noncertified recycler for empty beverage containers an amount that exceeds the current scrap value for each container type, which shall be determined in the following manner: (A) For a plastic or glass beverage container, the current scrap value shall be determined by the department. (B) For an aluminum beverage container, the current scrap value shall be not greater than the amount paid to the processor for that aluminum beverage container, on the date the container was purchased, by the location of end use, as defined in the regulations of the department. (2) A person shall not receive or retain, for empty beverage containers that come from out of state, any refund values, processing payments, or administrative fees for which a claim is made to the department against the fund. (3) Paragraph (1) does not affect curbside programs under contract with cities or counties. (Amended by Stats. 2013, Ch. 356, Sec. 20. (SB 96) Effective September 26, 2013.)
  10. 14572.1.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 6. Returns [14570 - 14576] ( Chapter 6 added by Stats. 1986, Ch. 1290, Sec. 2. )

    Verify source ↗

    A dealer delivering certain empty beverage containers to a certified recycling center or processor for recycling is exempt from the daily load limits in the cited regulation.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 6. Returns [14570 - 14576] ( Chapter 6 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## 14572.1. (a) A dealer delivering empty beverage containers received from the public to a certified recycling center or processor for recycling pursuant to subparagraph (C) of paragraph (1) of subdivision (a) of Section 14578 is not subject to the daily load limits established pursuant to subdivision (f) of Section 2535 of Title 14 of the California Code of Regulations. (b) This section shall become operative on January 1, 2025. (Repealed (in Sec. 28) and added by Stats. 2022, Ch. 610, Sec. 29. (SB 1013) Effective January 1, 2023. Operative January 1, 2025, by its own provisions.)
  11. 14572.5.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 6. Returns [14570 - 14576] ( Chapter 6 added by Stats. 1986, Ch. 1290, Sec. 2. )

    Verify source ↗

    Certified recycling centers must accept refillable empty beer and other malt beverage containers, pay the applicable deposit, and return the containers to a distributor or willing purchaser.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 6. Returns [14570 - 14576] ( Chapter 6 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## 14572.5. A certified recycling center, other than a reverse vending machine, shall accept from any consumer or any dropoff or collection program and pay the applicable deposit for any refillable empty beer and other malt beverage container. The certified recycling center shall return, or cause to be returned, the refillable beer and other malt beverage container to the beer and other malt beverage distributor or any willing purchaser, who shall then pay the deposit to the center. The beer and other malt beverage distributor or other purchaser shall also negotiate a handling fee with the recycling center for the return of these containers. (Amended by Stats. 1989, Ch. 1339, Sec. 34. Effective October 2, 1989.)
  12. 14573.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 6. Returns [14570 - 14576] ( Chapter 6 added by Stats. 1986, Ch. 1290, Sec. 2. )

    Verify source ↗

    The department must pay processors specified amounts for qualifying empty beverage containers, and it must do so quickly after notice of delivery.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 6. Returns [14570 - 14576] ( Chapter 6 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## 14573. (a) The department shall pay to a processor, for every empty beverage container received by the processor from a certified recycling center, curbside program, or dropoff or collection program, upon presentation of a completed processor invoice accompanied by a shipping report from the supplier of the material, in the form adopted by the department, the sum of all of the following amounts: (1) The refund value. (2) Two and one-half percent of the refund value for administrative costs. (3) The processing payment established pursuant to Section 14575. (b) The department shall make the payment required in subdivision (a) within two working days of the date that the department is notified of the delivery or within the time determined by the department to be necessary and adequate. If the payment is not made by the Controller to the certified processor within 20 working days of receipt of the claims schedule, the Controller shall pay the processor interest at the current prime lending rate for any period in excess of these 20 working days. (Amended by Stats. 1999, Ch. 815, Sec. 28. Effective January 1, 2000.)
  13. 14573.1.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 6. Returns [14570 - 14576] ( Chapter 6 added by Stats. 1986, Ch. 1290, Sec. 2. )

    Verify source ↗

    The department must pay eligible rural recycling centers $60 per ton for glass containers, and it may reduce those payments first if funds are short. The section is repealed on January 1, 2030.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 6. Returns [14570 - 14576] ( Chapter 6 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## 14573.1. (a) (1) In addition to other payments authorized by this division, the department shall pay to a recycling center that is a rural region recycler, as defined in Section 14525.5.1, or that is located in a rural county, as defined in Section 40184, a transportation, operations, and logistics payment of sixty dollars ($60) per ton for glass containers. (2) If the department determines that there are insufficient funds to make the payments described in paragraph (1) and the payments described in Sections 14575 and 14581, then the department shall reduce the payments described in paragraph (1) before making any reductions to the payments described in Sections 14575 and 14581. (3) Notwithstanding Section 13340 of the Government Code, the moneys in the fund are hereby continuously appropriated to the department for expenditure without regard to fiscal year for the purposes described in this subdivision. (b) This section shall remain in effect only until January 1, 2030, and as of that date is repealed. (Added by Stats. 2023, Ch. 868, Sec. 10. (SB 353) Effective October 13, 2023. Repealed as of January 1, 2030, by its own provisions.)
  14. 14573.5.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 6. Returns [14570 - 14576] ( Chapter 6 added by Stats. 1986, Ch. 1290, Sec. 2. )

    Verify source ↗

    A processor must pay certified recycling-related programs by check or electronic transfer, not cash, and must do so within two working days after receiving the containers, subject to the stated exception.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 6. Returns [14570 - 14576] ( Chapter 6 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## 14573.5. (a) Except as provided in Section 14573.6, a processor shall pay, by check or electronic transfer, to a certified recycling center, dropoff or collection program, or curbside program, for all types of empty beverage containers, by type of beverage container, received by the processor from a recycling center, curbside program, or dropoff or collection program, upon receipt by the certified processor of a shipping report from the supplier of the material, in the form adopted by the regulations adopted by the department. A processor shall not make the payment in cash. The payment shall include the sum of all of the following amounts: (1) The refund value. (2) Three-fourths of 1 percent of the refund value for administrative costs. (3) The processing payment established pursuant to Section 14575. (b) The processor shall make the payment required in subdivision (a) within two working days of the date that the processor receives these empty beverage containers, or within the time which the department determines to be necessary and adequate. Under the procedures authorized by the department, the department may authorize a certified recycling center to cancel containers, and a certified processor may authorize a certified recycling center to cancel containers on behalf of the certified processor. (c) If the department has set up an accounts receivable procedure or other procedure for seeking the payment of money improperly obtained by a certified recycling center from the fund, the department may reimburse the processor for its payments to that certified recycling center. (Amended by Stats. 2022, Ch. 977, Sec. 2. (SB 38) Effective January 1, 2023.)
  15. 14573.51.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 6. Returns [14570 - 14576] ( Chapter 6 added by Stats. 1986, Ch. 1290, Sec. 2. )

    Verify source ↗

    Recycling centers and processors generally may not pay curbside programs above the statewide average curbside commingled rate, unless an individual rate has been approved by the department.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 6. Returns [14570 - 14576] ( Chapter 6 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## 14573.51. (a) Notwithstanding any other provision of this division, recycling centers and processors shall not pay curbside programs more than the applicable statewide average curbside commingled rate unless the curbside program has received an individual commingled rate from the department pursuant to subdivision (b). (b) The department may establish a procedure whereby the operators of curbside programs may apply for an individual commingled rate for any material or types with or without a statewide commingled rate, including, but not limited to, glass, aluminum, bimetal, or any of the individual plastic resin types or combination of resin types identified by resin identification codes under Section 18015. These procedures shall require, at a minimum, all of the following: (1) The individual rate shall be valid for no more than one year from the date the individual rate is authorized. (2) The methodology used by the operator of the curbside program to determine the commingled rate shall be approved by the department, in advance. (c) Curbside programs that have acquired an individual commingled rate, pursuant to this section, shall not be surveyed by the department to determine the statewide average curbside commingled rate during the period the individual commingled rate is effective. (d) The department may enter into a contract for the services required to implement the amendments to this section made by the act of the first half of the 2003–04 Regular Session of the Legislature amending this section. The department may not expend more than two hundred fifty thousand dollars ($250,000) for each year of the contract. The contract shall be paid only from revenues derived from redemption payments and processing fees paid on plastic beverage containers displaying the resin identification code “3,” “4,” “5,” “6,” or “7” pursuant to Section 18015. If the department determines that insufficient funds will be available from these revenues, after refund values are paid to processors and the reduction is made in the processing fee pursuant to subdivision (f) of Section 14575 for these containers, the department may determine not to calculate a commingled rate pursuant to subdivision (b). (Amended by Stats. 2003, Ch. 753, Sec. 11. Effective January 1, 2004.)
  16. 14573.6.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 6. Returns [14570 - 14576] ( Chapter 6 added by Stats. 1986, Ch. 1290, Sec. 2. )

    Verify source ↗

    A dropoff or collection program must not pay refund value to consumers, and it cannot receive administrative-cost payments under Sections 14573 or 14573.5.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 6. Returns [14570 - 14576] ( Chapter 6 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## 14573.6. No dropoff or collection program shall pay any refund value to the consumer, and a dropoff or collection program is not eligible to receive any sum paid pursuant to Section 14573 or 14573.5 for administrative costs. (Amended by Stats. 1989, Ch. 1339, Sec. 37. Effective October 2, 1989.)
  17. 14573.7.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 6. Returns [14570 - 14576] ( Chapter 6 added by Stats. 1986, Ch. 1290, Sec. 2. )

    Verify source ↗

    The department may require a recycling center to submit transaction logs and receipts, may authorize withholding of refund value payments, and may suspend certification without a hearing if the center does not comply after notice.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 6. Returns [14570 - 14576] ( Chapter 6 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## 14573.7. Notwithstanding Sections 14573 and 14573.5, the department may require a recycling center, pursuant to a prepayment review taken pursuant to subdivision (a) of Section 14552, to submit consumer transaction logs and consumer transaction receipts as support documentation for shipping reports submitted to processors. The department may, pursuant to this section, authorize a processor to withhold refund value payments to a recycling center. The department may suspend the certification of a recycling center without a hearing if the recycling center fails to comply with the documental submittal requirements of this section, upon providing notice of these requirements. The recycling center which is the subject of the suspension may then request a hearing on the suspension, but the request for a hearing shall not stay the suspension. A hearing requested pursuant to this section shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (Added by Stats. 1991, Ch. 1069, Sec. 13.)
  18. 14574.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 6. Returns [14570 - 14576] ( Chapter 6 added by Stats. 1986, Ch. 1290, Sec. 2. )

    Verify source ↗

    Distributors of beverage containers must pay redemption payments to the department, generally by the last day of the month after sale, and follow the department’s payment form and method rules.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 6. Returns [14570 - 14576] ( Chapter 6 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## 14574. (a) (1) A distributor of beverage containers shall pay to the department the redemption payment for every beverage container, other than a refillable beverage container, sold or transferred to a dealer, less 1.5 percent for the distributor’s administrative costs. (2) The payment made by a distributor shall be made not later than the last day of the month following the sale. The distributor shall make the payment in the form and manner that the department prescribes. (b) (1) Notwithstanding subdivision (a), if a distributor displays a pattern of operation in compliance with this division and the regulations adopted pursuant to this division, to the satisfaction of the department, the distributor may make a single annual payment of redemption payments, if the distributor’s projected redemption payment for a calendar year totals less than seventy-five thousand dollars ($75,000). (2) An annual redemption payment made pursuant to this subdivision is due and payable on or before February 1 for every beverage container sold or transferred by the distributor to a dealer in the previous calendar year. (3) A distributor shall notify the department of its intent to make an annual redemption payment pursuant to this subdivision on or before January 31 of the calendar year for which the payment will be due. (c) This section shall become effective on July 1, 2012. (Amended (as amended by Stats. 2011, Ch. 296, Sec. 262) by Stats. 2012, Ch. 39, Sec. 94. (SB 1018) Effective June 27, 2012. Section operative July 1, 2012, pursuant to its own provisions.)
  19. 14575.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 6. Returns [14570 - 14576] ( Chapter 6 added by Stats. 1986, Ch. 1290, Sec. 2. )

    Verify source ↗

    The department must set and update processing fees and processing payments for certain beverage containers, and beverage manufacturers generally must pay the fee within 40 days of sale or transfer.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 6. Returns [14570 - 14576] ( Chapter 6 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## 14575. (a) If any type of empty beverage container with a refund value established pursuant to Section 14560 has a scrap value less than the cost of recycling, the department shall, on January 1, 2000, and on or before January 1 annually thereafter, establish a processing fee and a processing payment for the container by the type of the material of the container. (b) The processing payment shall be at least equal to the difference between the scrap value offered to a statistically significant sample of recyclers by willing purchasers, and except for the initial calculation made pursuant to subdivision (d), the sum of both of the following: (1) The actual cost for certified recycling centers, excluding centers receiving a handling fee, of receiving, handling, storing, transporting, and maintaining equipment for each container sold for recycling or, only if the container is not recyclable, the actual cost of disposal, calculated pursuant to subdivision (c). The department shall determine the statewide weighted average cost to recycle each beverage container type, which shall serve as the actual recycling costs for purposes of paragraph (2) of subdivision (c), by conducting a survey of the costs of a statistically significant sample of certified recycling centers, excluding those recycling centers receiving a handling fee, for receiving, handling, storing, transporting, and maintaining equipment. (2) A reasonable financial return for recycling centers. (c) The department shall base the processing payment pursuant to this section upon all of the following: (1) Except as provided in paragraph (2), for calculating processing payments that will be in effect on and after January 1, 2004, the department shall determine the actual costs for certified recycling centers, every second year, pursuant to paragraph (1) of subdivision (b). The department shall adjust the recycling costs annually to reflect changes in the cost of living, as measured by the Bureau of Labor Statistics of the United States Department of Labor or a successor agency of the United States government. (2) On and after January 1, 2010, the department shall use the most recently published, measured actual costs of recycling for a specific beverage container material type if the department determines the number of beverage containers for that material type that is returned for recycling pursuant to Section 14551, based on the most recently published calendar year number of beverage containers returned for recycling, is less than 5 percent of the total number of beverage containers returned for recycling for all material types. The department shall determine the actual recycling cost to be used for calculating processing payments for those beverage containers in the following manner: (A) The department shall adjust the costs of recycling that material type every second year by the percentage change in the most recently measured cost of recycling HDPE plastic beverage containers, as determined by the department. The department shall use the percentage change in costs of recycling HDPE plastic beverage containers for this purpose, even if HDPE plastic beverage containers are less than 5 percent of the total volume of returned beverage containers. (B) The department shall adjust the recycling costs annually for that material type to reflect changes in the cost of living, as measured by the Bureau of Labor Statistics of the United States Department of Labor or a successor agency of the United States government. (d) Except as specified in subdivision (e), the actual processing fee paid by a beverage manufacturer shall equal 65 percent of the processing payment calculated pursuant to subdivision (b). (e) The department, consistent with Section 14581 and subject to the availability of funds, shall reduce the processing fee paid by beverage manufacturers by expending funds in each material processing fee account, in the following manner: (1) On January 1, 2005, and annually thereafter, the processing fee shall equal the following amounts: (A) Ten percent of the processing payment for a container type with a recycling rate equal to or greater than 75 percent. (B) Eleven percent of the processing payment for a container type with a recycling rate equal to or greater than 65 percent, but less than 75 percent. (C) Twelve percent of the processing payment for a container type with a recycling rate equal to or greater than 60 percent, but less than 65 percent. (D) Thirteen percent of the processing payment for a container type with a recycling rate equal to or greater than 55 percent, but less than 60 percent. (E) Fourteen percent of the processing payment for a container type with a recycling rate equal to or greater than 50 percent, but less than 55 percent. (F) Fifteen percent of the processing payment for a container type with a recycling rate equal to or greater than 45 percent, but less than 50 percent. (G) Eighteen percent of the processing payment for a container type with a recycling rate equal to or greater than 40 percent, but less than 45 percent. (H) Twenty percent of the processing payment for a container type with a recycling rate equal to or greater than 30 percent, but less than 40 percent. (I) Sixty-five percent of the processing payment for a container type with a recycling rate less than 30 percent. (2) The department shall calculate the recycling rate for purposes of paragraph (1) based on the 12-month period ending on June 30 that directly precedes the date of the January 1 processing fee determination. (f) Not more than once every three months, the department may make an adjustment in the amount of the processing payment established pursuant to this section for any beverage container, based on the applicable preceding 12-month average scrap value or the preceding 3-month average scrap value, whichever is lower. Quarterly adjustments made pursuant to this subdivision shall not cause a change in the annual January 1 processing fee established by this section. (g) (1) Except as provided in paragraphs (2) and (3), every beverage manufacturer shall pay to the department the applicable processing fee for each container sold or transferred to a distributor or dealer within 40 days of the sale in the form and in the manner that the department may prescribe. (2) (A) Notwithstanding Section 14506, with respect to the payment of processing fees for beer and other malt beverages manufactured outside the state, the beverage manufacturer shall be deemed to be the person or entity named on the certificate of compliance issued pursuant to Section 23671 of the Business and Professions Code. With respect to the payment of processing fees for beverages manufactured outside the state and sold directly to consumers within the state with a direct shipper permit, the beverage manufacturer shall be deemed to be the person or entity named on the direct shipper permit issued pursuant to Section 23661.3 of the Business and Professions Code, and shall be responsible for paying to the department the total processing fee payment for all sales and transfers made directly to consumers in the state. If the department is unable to collect the processing fee from the person or entity named on the certificate of compliance or direct shipper permit, the department shall give written notice by certified mail, return receipt requested, to that person or entity. The notice shall state that the processing fee shall be remitted in full within 30 days of issuance of the notice or the person or entity shall not be permitted to offer that beverage brand for sale within the state. If the person or entity fails to remit the processing fee within 30 days of issuance of the notice, the department shall notify the Department of Alcoholic Beverage Control that the certificate holder has failed to comply, and the Department of Alcoholic Beverage Control shall prohibit the offering for sale of that beverage brand within the state. (B) The department shall enter into a contract with the Department of Alcoholic Beverage Control, pursuant to Section 14536.5, concerning the implementation of this paragraph, which shall include a provision reimbursing the Department of Alcoholic Beverage Control for its costs incurred in implementing this paragraph. (3) (A) Notwithstanding paragraph (1), if a beverage manufacturer displays a pattern of operation in compliance with this division and the regulations adopted pursuant to this division, to the satisfaction of the department, the beverage manufacturer may make a single annual payment of processing fees, if the beverage manufacturer meets either of the following conditions: (i) If the redemption payment and refund value is not increased pursuant to paragraph (3) of subdivision (a) of Section 14560, the beverage manufacturer’s projected processing fees for a calendar year total less than ten thousand dollars ($10,000). (ii) If the redemption payment and refund value is increased pursuant to paragraph (3) of subdivision (a) of Section 14560, the beverage manufacturer’s projected processing fees for a calendar year total less than fifteen thousand dollars ($15,000). (B) An annual processing fee payment made pursuant to this paragraph is due and payable on or before February 1 for every beverage container sold or transferred by the beverage manufacturer to a distributor or dealer in the previous calendar year. (C) A beverage manufacturer shall notify the department of its intent to make an annual processing fee payment pursuant to this paragraph on or before January 31 of the calendar year for which the payment will be due. (4) The department shall pay the processing payments on redeemed containers to processors, in the same manner as it pays refund values pursuant to Sections 14573 and 14573.5. The processor shall pay the recycling center the entire processing payment representing the actual costs and financial return incurred by the recycling center, as specified in subdivision (b). (h) When assessing processing fees pursuant to subdivision (a), the department shall assess the processing fee on each container sold, as provided in subdivisions (d) and (e), by the type of material of the container, assuming that every container sold will be redeemed for recycling, whether or not the container is actually recycled. (i) The container manufacturer, or a designated agent, shall pay to, or credit, the account of the beverage manufacturer in an amount equal to the processing fee. (j) If, at the end of any calendar year for which glass recycling rates equal or exceed 45 percent and sufficient surplus funds remain in the glass processing fee account to make the reduction pursuant to this subdivision or if, at the end of any calendar year for which PET recycling rates equal or exceed 45 percent and sufficient surplus funds remain in the PET processing fee account to make the reduction pursuant to this subdivision, the department shall use these surplus funds in the respective processing fee accounts in the following calendar year to reduce the amount of the processing fee that would otherwise be due from glass or PET beverage manufacturers pursuant to this subdivision. (1) The department shall reduce the glass or PET processing fee amount pursuant to this subdivision in addition to any reduction for which the glass or PET beverage container qualifies under subdivision (e). (2) The department shall determine the processing fee reduction by dividing two million dollars ($2,000,000) from each processing fee account by an estimate of the number of containers sold or transferred to a distributor during the previous calendar year, based upon the latest available data. (k) (1) Commencing January 1, 2024, a processing fee equivalent to the processing fee applied to HDPE beverage containers shall be applied to a beverage container that is a box, bladder, or pouch, or similar container, containing wine or distilled spirits, as described in paragraph (12) of subdivision (a) of Section 14504. (2) Commencing January 1, 2024, a processing payment equal to the processing payment applied to HDPE beverage containers shall be applied to a beverage container that is a box, bladder, or pouch, or similar container, containing wine or distilled spirits, as described in paragraph (12) of subdivision (a) of Section 14504. (3) This subdivision shall become inoperative on January 1, 2026. (Amended by Stats. 2023, Ch. 868, Sec. 11. (SB 353) Effective October 13, 2023.)
  20. 14575.1.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 6. Returns [14570 - 14576] ( Chapter 6 added by Stats. 1986, Ch. 1290, Sec. 2. )

    Verify source ↗

    The department must review monthly whether voluntary scrap value plus account payments meet recycling costs, notify purchasers of any shortfall or excess, and adjust fees or credits accordingly.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 6. Returns [14570 - 14576] ( Chapter 6 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## 14575.1. (a) Notwithstanding subdivision (b) of Section 14575, if a willing purchaser offers to purchase empty PET containers at a voluntary artificial scrap value that is equal to the processing fee reduced pursuant to subdivision (f) of Section 14575 when applied to all containers sold, no processing fee shall be imposed on PET containers pursuant to Section 14575. (b) If a willing purchaser offers to pay a voluntary artificial scrap value, the department shall, on a monthly basis, determine whether the sum of the voluntary artificial scrap value and payments made from the PET Processing Fee Account pursuant to subdivision (f) of Section 14575, are equal to, or more than, the recycling cost for empty PET containers determined pursuant to subdivision (d) of Section 14575. (c) If the department determines that, for any monthly period, the sum of the voluntary artificial scrap value and payments made from the PET Processing Fee Account pursuant to subdivision (f) of Section 14575, is less than the recycling cost for empty PET containers, determined pursuant to Section 14575, the following requirements shall apply: (1) The department shall immediately provide written notification of the deficiency for that monthly period and the amount of that deficiency to any willing purchaser. (2) A willing purchaser shall correct the deficiency in the next monthly period by adjusting the voluntary artificial scrap value by an amount sufficient to equal the recycling cost for empty PET containers plus the previous monthly period’s deficiency. (3) If the deficiency and amount in arrears is not corrected within 30 days of providing written notice to willing purchasers of empty PET containers, the department shall impose a processing fee pursuant to Section 14575 which includes any amount necessary, including any amount in arrears, to cover the cost of recycling empty PET containers. (d) If the department determines that, for any monthly period, the sum of the voluntary artificial scrap value and payments made from the PET Processing Fee Account pursuant to subdivision (f) of Section 14575, is greater than the recycling cost for empty PET containers, the department shall do both of the following: (1) Immediately provide written notification of the deviation for that monthly period and the amount of that deviation to any willing purchaser. (2) Provide a credit equal to the amount of the deviation for any future monthly period wherein the voluntary artificial scrap value, and payments made from the PET Processing Fee Account, are less than the recycling cost of empty PET containers determined pursuant to subdivision (d) of Section 14575. (e) Nothing in this section is intended to affect any litigation that was pending on January 1, 1996, in which the department is a party of record. (Amended by Stats. 2003, Ch. 753, Sec. 13. Effective January 1, 2004.)
  21. 14576.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 6. Returns [14570 - 14576] ( Chapter 6 added by Stats. 1986, Ch. 1290, Sec. 2. )

    Verify source ↗

    The law says this division should be read to encourage reuse and recycling of empty beverage containers, and the processing payment for a reusable beverage container must match the amount paid for other glass beverage containers.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 6. Returns [14570 - 14576] ( Chapter 6 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## 14576. (a) It is the intent of the Legislature that all provisions of this division be interpreted to encourage and support the reuse, as well as the recycling, of empty beverage containers. (b) The processing payment for a reusable beverage container shall be the same amount paid for other glass beverage containers. (Added by Stats. 2021, Ch. 502, Sec. 3. (AB 962) Effective January 1, 2022.)
  22. 14578.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 6.5. Dealer Cooperatives [14578 - 14578.5] ( Chapter 6.5 added by Stats. 2022, Ch. 610, Sec. 31. )

    Verify source ↗

    In certain convenience zones, dealers must either file an affidavit showing required recycling practices or join a dealer cooperative with an approved, operating redemption plan.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 6.5. Dealer Cooperatives [14578 - 14578.5] ( Chapter 6.5 added by Stats. 2022, Ch. 610, Sec. 31. ) ## 14578. (a) In any convenience zone where no recycling location has been established that satisfies the requirements of Section 14571, and in any convenience zone that has exceeded the 60-day period for the establishment of a recycling center pursuant to Section 14571.7, all dealers within that zone shall, until a recycling location is established, or a redemption program of a dealer cooperative has been approved and is operational, in that convenience zone, do either of the following: (1) Submit to the department an affidavit form provided by the department stating that all of the following standards are being met by the dealer: (A) The dealer redeems all empty beverage container types at all open cash registers or one designated location on the dealer’s premises, during all hours that the dealer is open for business. (B) The dealer has posted signs that meet the size and location requirements specified in paragraph (2) of subdivision (a) of Section 14570, and that conform to subparagraph (B) of that paragraph. (C) The dealer is delivering, or having delivered, all empty beverage containers received from the public to a certified recycling center or processor for recycling. (2) (A) Join a dealer cooperative to provide a dealer cooperative redemption plan to the department and implement the approved plan to provide redemption in that convenience zone pursuant to Section 14578.5. A dealer cooperative plan shall be approved by the department and operational in order for dealers in that convenience zone to be in compliance with this section. (B) A dealer cooperative may create its own plan, which shall be approved by the department in order to fulfill the dealer’s obligations under this section. (b) (1) This section does not apply to a dealer that has demonstrated to the department that the dealer has gross annual sales of less than one million five hundred thousand dollars ($1,500,000) or is less than 5,000 square feet. (2) For purposes of paragraph (1), gross annual sales do not include sales of fuel. (3) For purposes of this chapter, an approved redemption plan may be considered operational in a specific unserved zone if the plan is fully implemented and providing redemption opportunities consistent with paragraph (1) of subdivision (c) of Section 14578.5. (c) This section shall become operative on January 1, 2025. (Added by Stats. 2022, Ch. 610, Sec. 31. (SB 1013) Effective January 1, 2023. Operative January 1, 2025, by its own provisions.)
  23. 14578.5.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 6.5. Dealer Cooperatives [14578 - 14578.5] ( Chapter 6.5 added by Stats. 2022, Ch. 610, Sec. 31. )

    Verify source ↗

    The department may issue model redemption plans and must adopt regulations for dealer cooperatives; dealer cooperatives must submit and run redemption plans, register, report, and cover their operational costs through fees.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 6.5. Dealer Cooperatives [14578 - 14578.5] ( Chapter 6.5 added by Stats. 2022, Ch. 610, Sec. 31. ) ## 14578.5. (a) By January 1, 2024, the department may provide one or more model dealer cooperative redemption plans for dealer cooperatives to adopt to comply with paragraph (2) of subdivision (a) of Section 14578 and this section. (b) (1) By January 1, 2024, the department shall adopt emergency regulations that provide access and convenience for consumers that are comparable to subdivision (a) of Section 14571. The regulations shall include the registration process for dealers, the application and registration process for the dealer cooperative, and the process for updating information after registration as needed, and other regulations necessary for the implementation and enforcement of this subdivision. (2) Upon the expiration of the emergency regulations no more than 180 days after adoption, the department shall adopt regulations pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code to implement this section. (c) A dealer cooperative shall do all of the following: (1) Submit a redemption plan to the department to provide redemption in one or more unserved convenience zones. Redemption programs shall include sufficient redemption opportunities for consumers that have comparable consumer convenience to the requirements of Section 14571 and include, but are not limited to, pilot projects described in Section 14571.9. (2) Assess fees on the dealers in the zone or zones covered by the redemption plan necessary to cover operational costs and implementation of the approved plan. (3) (A) Redeem all material types and offer one or more redemption locations within the dealer cooperative zone. (B) The dealer cooperative may contract to provide the redemption opportunities approved in the plan. (4) Be operational and fully implement the approved redemption plan. (5) Register as a dealer cooperative with the department. (6) Provide reports as required by the department, which may include, but are not limited to, the amount of empty beverage containers, by material type and weight of container or material, redeemed in the past month and any other relevant information the department requests in the form and manner that the department may prescribe. (d) (1) Dealer cooperatives may be eligible for reimbursement of California Redemption Value funds paid to consumers, processing payments, handling fees, and administrative fees unless a certified recycling center operates in a convenience zone in which a dealer participating in the dealer cooperative is located. (2) In order to receive payment from a processor, dealer cooperative redemption identification shall be verified. (3) The department may delay payments to a dealer cooperative for up to seven days until the verification of the received weight versus the actual redemption weight of beverage containers occurs. (e) The department may revoke a dealer cooperative’s registration or the plan for failure to provide redemption for consumers. (f) The department shall audit each cooperative at least once every 24 months to ensure that proper program payments are made to consumers and cooperative fees are being utilized for the operation of the approved redemption model. (g) The department may assess civil penalties under Section 14591.1 for violations of this section. (Added by Stats. 2022, Ch. 610, Sec. 31. (SB 1013) Effective January 1, 2023.)
  24. 14580.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 7. Financial Provisions [14580 - 14587] ( Chapter 7 added by Stats. 1986, Ch. 1290, Sec. 2. )

    Verify source ↗

    The department must deposit certain recycling-related revenues into the fund, and civil penalties into the Penalty Account, with spending limited by legislative appropriation and specified purposes.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 7. Financial Provisions [14580 - 14587] ( Chapter 7 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## 14580. (a) Except as provided in subdivision (d), the department shall deposit all amounts paid as redemption payments by distributors pursuant to Section 14574 and all other revenues received into the California Beverage Container Recycling Fund, which is hereby created in the State Treasury. Notwithstanding Section 13340 of the Government Code, the money in the fund is hereby continuously appropriated to the department for expenditure without regard to fiscal year for the following purposes: (1) The payment of refund values and administrative fees to processors pursuant to Section 14573. (2) For a reserve for contingencies, which shall not be greater than an amount equal to 5 percent of the total amount paid to processors pursuant to Section 14573 during the preceding calendar year, plus the interest earned on that amount. (b) The money in the fund may be expended by the department for the administration of this division only upon appropriation by the Legislature in the annual Budget Act. (c) After setting aside funds estimated to be needed for expenditures authorized pursuant to this section, the department shall set aside funds on a quarterly basis for the purposes specified in Section 14581. Notwithstanding Section 13340 of the Government Code, that money is hereby continuously appropriated to the department, without regard to fiscal year, for the purposes specified in Section 14581. (d) The department shall deposit all civil penalties or fines collected pursuant to this division into the Penalty Account, which is hereby created in the fund. The money in the Penalty Account may be expended by the department only upon appropriation by the Legislature, for purposes of this division. (e) The Legislature finds and declares that the maintenance of the fund is of the utmost importance to the state and that it is essential that any money in the fund be used solely for the purposes authorized in this division and should not be used, loaned, or transferred for any other purpose. (Amended by Stats. 2010, 8th Ex. Sess., Ch. 5, Sec. 4. (AB 7 8x) Effective March 8, 2010.)
  25. 14581.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 7. Financial Provisions [14580 - 14587] ( Chapter 7 added by Stats. 1986, Ch. 1290, Sec. 2. )

    Verify source ↗

    The department must spend specified fund money on listed recycling and cleanup purposes, and cities or counties must return a funding request form to receive certain funds.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 7. Financial Provisions [14580 - 14587] ( Chapter 7 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## 14581. (a) Subject to the availability of funds and in accordance with subdivision (b), the department shall expend the moneys set aside in the fund, pursuant to subdivision (c) of Section 14580, for the purposes of this section in the following manner: (1) For each fiscal year, the department may expend the amount necessary to make the required handling fee payment pursuant to Section 14585. (2) Fifteen million dollars ($15,000,000) shall be expended annually for payments for curbside programs and neighborhood dropoff programs pursuant to Section 14549.6. (3) (A) Ten million five hundred thousand dollars ($10,500,000) may be expended annually for payments of five thousand dollars ($5,000) to cities and ten thousand dollars ($10,000) for payments to counties for beverage container recycling and litter cleanup activities, or the department may calculate the payments to counties and cities on a per capita basis, and may pay whichever amount is greater, for those activities. (B) Eligible activities for the use of these funds may include, but are not necessarily limited to, support for new or existing curbside programs, neighborhood dropoff programs, public education promoting beverage container recycling, litter prevention, and cleanup, cooperative regional efforts among two or more cities or counties, or both, or other beverage container recycling programs. (C) These funds shall not be used for activities unrelated to beverage container recycling or litter reduction. (D) To receive these funds, a city, county, or city and county shall fill out and return a funding request form to the department. The form shall specify the beverage container recycling or litter reduction activities for which the funds will be used. (E) The department shall annually prepare and distribute a funding request form to each city, county, or city and county. The form shall specify the amount of beverage container recycling and litter cleanup funds for which the jurisdiction is eligible. The form shall not exceed one double-sided page in length, and may be submitted electronically. If a city, county, or city and county does not return the funding request form within 90 days of receipt of the form from the department, the city, county, or city and county is not eligible to receive the funds for that funding cycle. (F) For the purposes of this paragraph, per capita population shall be based on the population of the incorporated area of a city or city and county and the unincorporated area of a county. The department may withhold payment to any city, county, or city and county that has prohibited the siting of a supermarket site, caused a supermarket site to close its business, or adopted a land use policy that restricts or prohibits the siting of a supermarket site within its jurisdiction. (4) One million five hundred thousand dollars ($1,500,000) may be expended annually in the form of grants for beverage container recycling and litter reduction programs. (5) (A) The department shall expend the amount necessary to pay the processing payment established pursuant to Section 14575. The department shall establish separate processing fee accounts in the fund for each beverage container material type for which a processing payment and processing fee are calculated pursuant to Section 14575, or for which a processing payment is calculated pursuant to Section 14575 and a voluntary artificial scrap value is calculated pursuant to Section 14575.1, into which account shall be deposited both of the following: (i) All amounts paid as processing fees for each beverage container material type pursuant to Section 14575. (ii) Funds equal to the difference between the amount in clause (i) and the amount of the processing payments established in subdivision (b) of Section 14575, and adjusted pursuant to paragraph (2) of subdivision (c) of, and subdivision (f) of, Section 14575, to reduce the processing fee to the level provided in subdivision (e) of Section 14575, or to reflect the agreement by a willing purchaser to pay a voluntary artificial scrap value pursuant to Section 14575.1. (B) Notwithstanding Section 13340 of the Government Code, the moneys in each processing fee account are hereby continuously appropriated to the department for expenditure without regard to fiscal years, for purposes of making processing payments pursuant to Section 14575. (6) Up to five million dollars ($5,000,000) may be expended annually by the department for the purposes of undertaking a statewide public education and information campaign aimed at promoting increased recycling of beverage containers. (7) Up to fifteen million dollars ($15,000,000) may be expended annually by the department for quality incentive payments for empty glass beverage containers pursuant to Section 14549.1. (8) (A) For the 2019–20 fiscal year to the 2028–29 fiscal year, inclusive, the department may expend funds for market development payments to reclaimers and product manufacturers, pursuant to Section 14549.2. (B) For the purposes of implementing subparagraph (A), the following amounts may be expended by the department: (i) Up to thirty-five million dollars ($35,000,000) in the 2026–27 fiscal year. (ii) Up to thirty million dollars ($30,000,000) in the 2027–28 fiscal year. (iii) Up to twenty-five million dollars ($25,000,000) in the 2028–29 fiscal year. (C) For the 2026–27 fiscal year to the 2028–29 fiscal year, inclusive, the department may expend up to up to five million ($5,000,000) annually to establish a grant program to support plastic reclaimers and manufacturers operating in California that invest in equipment, facility operations, or other infrastructure necessary to process postconsumer plastic beverage containers and manufacture products using recycled plastic feedstock. (D) For purposes of this paragraph, the definitions in subdivision (a) of Section 14549.2 apply. (9) (A) For the 2019–20 fiscal year to the 2025–26 fiscal year, inclusive, the department may expend up to a total of five million dollars ($5,000,000) to support the pilot projects created pursuant to Section 14571.9. (B) Taking into consideration the recent closure of many of California’s recycling centers, the Legislature finds and declares that the appropriation provided for in Chapter 793 of the Statutes of 2019 is necessary in order to ensure the continued support of, and to bolster, consumer redemption opportunities. (10) The department may expend up to four million dollars ($4,000,000) annually for glass processing incentive grants authorized pursuant to Section 14543. (11) The department may expend up to four million dollars ($4,000,000) annually for empty glass beverage container grants authorized pursuant to Section 14544. (12) The department may expend up to one million dollars ($1,000,000) annually for grants to facilitate the transportation of empty glass beverage containers authorized pursuant to Section 14545. (13) (A) (i) The department may expend up to sixty million dollars ($60,000,000) annually for glass market development payments for glass authorized pursuant to Section 14549.7. (ii) This subparagraph shall become inoperative on January 1, 2028. (B) (i) Notwithstanding subdivision (c) of Section 14580, upon appropriation by the Legislature specifically for purposes of this subparagraph, on and after January 1, 2028, the department may expend up to twenty million dollars ($20,000,000) annually for glass market development payments authorized pursuant to Section 14549.7. (ii) This subparagraph shall become inoperative on January 1, 2030. (b) (1) If the department determines, pursuant to a review made pursuant to Section 14556, that there may be inadequate funds to pay the payments required by this division, the department shall immediately notify the appropriate policy and fiscal committees of the Legislature regarding the inadequacy. (2) On or before 180 days, but not less than 80 days, after the notice is sent pursuant to paragraph (1), the department may reduce or eliminate expenditures, or both, from the funds as necessary, according to the procedure set forth in subdivision (c). (c) If the department determines that there are insufficient funds to make the payments specified pursuant to this section and Section 14575, the department shall reduce all payments proportionally. (d) Before making an expenditure pursuant to paragraph (6) of subdivision (a), the department shall convene an advisory committee consisting of representatives of the beverage industry, beverage container manufacturers, environmental organizations, the recycling industry, nonprofit organizations, and retailers to advise the department on the most cost-effective and efficient method of the expenditure of the funds for that education and information campaign. (Amended by Stats. 2026, Ch. 62, Sec. 7. (SB 166) Effective July 6, 2026.)
  26. 14581.1.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 7. Financial Provisions [14580 - 14587] ( Chapter 7 added by Stats. 1986, Ch. 1290, Sec. 2. )

    Verify source ↗

    The department must spend specified fund money each fiscal year on grants for beverage container litter reduction and recycling programs, and it must adjust the base amount annually for cost of living.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 7. Financial Provisions [14580 - 14587] ( Chapter 7 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## 14581.1. (a) The department shall expend in each fiscal year, from the moneys set aside in the fund pursuant to subdivision (c) of Section 14580, twenty million nine hundred seventy-four thousand dollars ($20,974,000), plus the cost-of-living adjustment, as provided in subdivision (c), less fifteen million dollars ($15,000,000), in the form of grants for beverage container litter reduction programs and recycling programs, including education and outreach, issued to either of the following: (1) Certified community conservation corps that were in existence on September 30, 1999, or that are formed subsequent to that date, that are designated by a city or a city and county to perform litter abatement, recycling, and related activities, if the city or the city and county has a population, as determined by the most recent census, of more than 250,000 persons. (2) Community conservation corps that are designated by a county to perform litter abatement, recycling, and related activities, and are certified by the California Conservation Corps as having operated for a minimum of two years and as meeting all other criteria of Section 14507.5. (b) The grants provided pursuant to this section shall not comprise more than 75 percent of the annual budget of a community conservation corps. (c) The amount of twenty million nine hundred seventy-four thousand dollars ($20,974,000) that is referenced in subdivision (a) is a base amount for the 2014–15 fiscal year, and the department shall adjust that amount annually to reflect any increases or decreases in the cost of living as measured by the Department of Labor or a successor agency of the federal government. (d) For the 2014–15 fiscal year only, the amount to be expended from the fund for the purposes specified in subdivision (a) shall be increased by seven million five hundred thousand dollars ($7,500,000). (Added by Stats. 2014, Ch. 35, Sec. 144. (SB 861) Effective June 20, 2014.)
  27. 14582.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 7. Financial Provisions [14580 - 14587] ( Chapter 7 added by Stats. 1986, Ch. 1290, Sec. 2. )

    Verify source ↗

    Creates a revolving loan guarantee account and lets the department issue guarantees from it only if specified recycling conditions are met.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 7. Financial Provisions [14580 - 14587] ( Chapter 7 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## 14582. The Recycling Infrastructure Loan Guarantee Account is hereby created as a revolving account in the California Beverage Container Recycling Fund, and the funds in that account are continuously appropriated to the department to issue loan guarantees for capital expenditures for new recycling infrastructure located in the state. The department may issue a loan guarantee from the account only if the department determines that the new recycling infrastructure adds recycling capacity, results in remanufacturing and reuse of beverage containers into new products, and complies with all applicable laws and regulations. (Added by Stats. 2003, Ch. 753, Sec. 18. Effective January 1, 2004.)
  28. 14583.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 7. Financial Provisions [14580 - 14587] ( Chapter 7 added by Stats. 1986, Ch. 1290, Sec. 2. )

    Verify source ↗

    The department must not make payments, grants, or loans to a city, county, or city and county if that local government has a land use restriction blocking a certified recycling center at a supermarket site, starting July 1, 2012.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 7. Financial Provisions [14580 - 14587] ( Chapter 7 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## 14583. Notwithstanding Section 14581, on and after July 1, 2012, the department shall not make any payments, grants, or loans, as provided in that section, to a city, county, or city and county, if the city, county, or city and county has adopted or is enforcing a land use restriction that prevents the siting or operation of a certified recycling center at a supermarket site, as defined in Section 14526.6, as may be required pursuant to Section 14571. (Added by Stats. 2011, Ch. 576, Sec. 1. (AB 712) Effective January 1, 2012.)
  29. 14584.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 7. Financial Provisions [14580 - 14587] ( Chapter 7 added by Stats. 1986, Ch. 1290, Sec. 2. )

    Verify source ↗

    Certain operators, companies, corporations, and individuals may apply for financing, loan, or grant funds for recycling-related projects and equipment.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 7. Financial Provisions [14580 - 14587] ( Chapter 7 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## 14584. (a) Operators of reverse vending machines or processors may apply to the Capital Programs and Climate Financing Authority for financing pursuant to Section 44526 of the Health and Safety Code, as a means of obtaining capital for establishment of a convenience network. For purposes of Section 44508 of the Health and Safety Code, “project” includes the establishing of a recycling location pursuant to the division. (b) Corporations, companies, or individuals may apply for loan and grant funds from the Energy Technologies Research, Development, and Demonstration Account specified in Section 25683 by applying to the State Energy Resources Conservation and Development Commission for the purpose of demonstrating equipment for enhancing recycling opportunities. (Amended by Stats. 2025, Ch. 710, Sec. 16. (AB 786) Effective January 1, 2026.)
  30. 14585.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 7. Financial Provisions [14580 - 14587] ( Chapter 7 added by Stats. 1986, Ch. 1290, Sec. 2. )

    Verify source ↗

    The department must adopt and apply rules for paying handling fees to eligible recycling-related sites, and claimants must file fee claims on time.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 7. Financial Provisions [14580 - 14587] ( Chapter 7 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## 14585. (a) The department shall adopt guidelines and methods for paying handling fees to supermarket sites, nonprofit convenience zone recyclers, or rural region recyclers to provide an incentive for the redemption of empty beverage containers in convenience zones. The guidelines shall include, but not be limited to, all of the following: (1) Handling fees shall be paid on a monthly basis, in the form and manner adopted by the department. The department shall require that claims for the handling fee be filed with the department not later than the first day of the second month following the month for which the handling fee is claimed as a condition of receiving any handling fee. (2) The department shall determine the number of eligible containers per site for which a handling fee will be paid in the following manner: (A) Each eligible site’s combined monthly volume of glass and plastic beverage containers shall be divided by the site’s total monthly volume of all empty beverage container types. (B) If the quotient determined pursuant to subparagraph (A) is equal to, or more than, 10 percent, the total monthly volume of the site shall be the maximum volume that is eligible for a handling fee for that month. (C) If the quotient determined pursuant to subparagraph (A) is less than 10 percent, the department shall divide the volume of glass and plastic beverage containers by 10 percent. That quotient shall be the maximum volume that is eligible for a handling fee for that month. (3) (A) On and after the effective date of the act amending this section during the 2023–24 Regular Session, and until June 30, 2026, the department shall pay a handling fee per eligible container in the amount determined pursuant to subdivisions (f) and (g). (B) On and after July 1, 2026, the department shall pay a handling fee per eligible container in the amount determined pursuant to subdivision (f). (4) If the eligible volume in any given month would result in handling fee payments that exceed the allocation of funds for that month, as provided in subdivision (b), sites with higher eligible monthly volumes shall receive handling fees for their entire eligible monthly volume before sites with lower eligible monthly volumes receive any handling fees. (5) (A) If a dealer where a supermarket site, nonprofit convenience zone recycler, or rural region recycler is located ceases operation for remodeling or for a change of ownership, the operator of that supermarket site, nonprofit convenience zone recycler, or rural region recycler shall be eligible to apply for handling fees for that site for a period of three months following the date of the closure of the dealer. (B) Every supermarket site operator, nonprofit convenience zone recycler, or rural region recycler shall promptly notify the department of the closure of the dealer where the supermarket site, nonprofit convenience zone recycler, or rural region recycler is located. (C) Notwithstanding subparagraph (A), any operator who fails to provide notification to the department pursuant to subparagraph (B) shall not be eligible to apply for handling fees. (b) The department may allocate the amount authorized for expenditure for the payment of handling fees pursuant to paragraph (1) of subdivision (a) of Section 14581 on a monthly basis and may carry over any unexpended monthly allocation to a subsequent month or months. However, unexpended monthly allocations shall not be carried over to a subsequent fiscal year for the purpose of paying handling fees but may be carried over for any other purpose pursuant to Section 14581. (c) (1) The department shall not make handling fee payments to more than one certified recycling center in a convenience zone. If a dealer is located in more than one convenience zone, the department shall offer a single handling fee payment to a supermarket site located at that dealer. This handling fee payment shall not be split between the affected zones. The department shall stop making handling fee payments if another recycling center certifies to operate within the convenience zone without receiving payments pursuant to this section, if the department monitors the performance of the other recycling center for 60 days and determines that the recycling center is in compliance with this division. Any recycling center that locates in a convenience zone, thereby causing a preexisting recycling center to become ineligible to receive handling fee payments, is ineligible to receive any handling fee payments in that convenience zone. (2) The department shall offer a single handling fee payment to a rural region recycler located anywhere inside a convenience zone, if that convenience zone is not served by another certified recycling center and the rural region recycler does either of the following: (A) Operates a minimum of 30 hours per week in one convenience zone. (B) Serves two or more convenience zones, and meets all of the following criteria: (i) Is the only certified recycler within each convenience zone. (ii) Is open and operating at least eight hours per week in each convenience zone and is certified at each location. (iii) Operates at least 30 hours per week in total for all convenience zones served. (d) The department may require an operator of a supermarket site, or an operator of a rural region recycler, receiving handling fees to maintain records for each location where beverage containers are redeemed, and may require the supermarket site or rural region recycler to take any other action necessary for the department to determine that the supermarket site or rural region recycler does not receive an excessive handling fee. (e) The department may determine and use a standard container per pound rate, for each material type, for purposes of calculating volumes and making handling fee payments. (f) (1) On or before January 1, 2008, and every two years thereafter, the department shall conduct a survey pursuant to this subdivision of a statistically significant sample of handling fee payment recipients to determine the actual cost incurred for the redemption of empty beverage containers by those handling fee payment recipients. The department shall conduct these cost surveys in conjunction with the cost surveys performed by the department pursuant to subdivision (b) of Section 14575 to determine processing payments and processing fees. The department shall include, in determining the actual costs, only those allowable costs contained in the regulations adopted pursuant to this division that are used by the department to conduct cost surveys pursuant to subdivision (b) of Section 14575. (2) Using the information obtained pursuant to paragraph (1), the department shall then determine the statewide weighted average cost incurred for the redemption of empty beverage containers, per empty beverage container, by handling fee payment recipients. (3) Except as provided in subdivision (g), the department shall determine the amount of the handling fee to be paid for each empty beverage container as follows: (A) Until June 30, 2027, and except as provided in subparagraph (B), the amount shall be determined using a methodology established by the department reflecting the cost of providing and maintaining recycling in convenience zones by handling fee recipients, including transportation, labor, volume, consumer convenience, and increasing recycling rates. The methodology may include tiered handling fee rates reflecting differing costs within convenience zones or regions based on respective volume or location. This subparagraph shall become inoperative on July 1, 2027. (B) On and after June 30, 2026, and if the department has not established a method pursuant to subparagraph (A), the amount shall be determined by subtracting the amount of the statewide weighted average cost per container to redeem empty beverage containers by handling fee payment recipients that do not receive handling fees from the amount of the statewide weighted average cost per container determined pursuant to paragraph (2). (4) The department shall adjust the statewide average cost determined pursuant to paragraph (2) for each beverage container annually to reflect changes in the cost of living, as measured by the Bureau of Labor Statistics of the United States Department of Labor or a successor agency of the United States government. (5) The cost information collected pursuant to this section for handling fee payment recipients shall not be used in the calculation of the processing payments determined pursuant to Section 14575. (g) (1) On and after the effective date of the act amending this section during the 2023–24 Regular Session, and until June 30, 2026, the per-container handling fee shall not be less than the amount of the per-container handling fee that was in effect on July 1, 2023. If the effective date of the act amending this section during the 2023–24 Regular Session is after July 1, 2024, the department shall pay eligible handling fee payment recipients the difference between the handling fee in effect on July 1, 2024, and the handling fee that was in effect on July 1, 2023, so that the per-container handling fee for the 2025–26 fiscal year is no less than the handling fee that was in effect on July 1, 2023. (2) The department shall adjust the handling fee established by this subdivision annually to reflect changes in the cost of living, as measured by the Bureau of Labor Statistics of the United States Department of Labor or a successor agency of the United States government. (h) (1) The department shall adopt emergency regulations that establish the methodology described in subparagraph (A) of paragraph (3) of subdivision (f) and to establish a handling fee calculated pursuant to the methodology. The regulations shall take effect no later than July 1, 2026. (2) Until June 30, 2027, the adoption of regulations described in paragraph (1) shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the department is hereby exempted from the requirement that it describe facts showing the need for immediate action. Notwithstanding Section 11346.1 of the Government Code, the emergency regulations adopted pursuant to this subdivision shall remain in effect through June 30, 2027. (Amended by Stats. 2024, Ch. 72, Sec. 41. (SB 156) Effective July 2, 2024.)
  31. 14585.5.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 7. Financial Provisions [14580 - 14587] ( Chapter 7 added by Stats. 1986, Ch. 1290, Sec. 2. )

    Verify source ↗

    The department may not make handling fee payments to a supermarket site unless all empty beverage container types are redeemed at the same physical location within the recycling location.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 7. Financial Provisions [14580 - 14587] ( Chapter 7 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## 14585.5. (a) The department shall not make handling fee payments to a supermarket site if the department determines that all empty beverage container types are not redeemed at the same physical location within the recycling location. (b) A supermarket site that redeems all empty beverage container types at the same physical location within the recycling location, and issues script to consumers which is required to be redeemed at a nearby host business, is eligible to receive handling fee payments. (Amended by Stats. 1994, Ch. 620, Sec. 5. Effective January 1, 1995.)
  32. 14586.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 7. Financial Provisions [14580 - 14587] ( Chapter 7 added by Stats. 1986, Ch. 1290, Sec. 2. )

    Verify source ↗

    This section says it does not create a guaranteed continuing level of support or any payment obligation.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 7. Financial Provisions [14580 - 14587] ( Chapter 7 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## 14586. This division does not create any guarantee of a continuing level of support, or other obligation on the part of the State of California, the department, or any agency thereof, to pay any specified amount to any local conservation organization, community conservation corps, or statewide nonprofit private agency. (Added by Stats. 1986, Ch. 1290, Sec. 2. Effective September 29, 1986.)
  33. 14587.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 7. Financial Provisions [14580 - 14587] ( Chapter 7 added by Stats. 1986, Ch. 1290, Sec. 2. )

    Verify source ↗

    This division does not require payments made in one fiscal year to be repeated at the same or a higher level in later fiscal years.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 7. Financial Provisions [14580 - 14587] ( Chapter 7 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## 14587. This division does not require or create any obligation that payments made pursuant to this division to any local conservation organization, community conservation corps, or statewide nonprofit private agency in any given fiscal year be made in any subsequent fiscal year at the same or greater level. (Added by Stats. 1986, Ch. 1290, Sec. 2. Effective September 29, 1986.)
  34. 14588.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 7.5. Penalties for Unfair Recycling Competition [14588 - 14588.2] ( Chapter 7.5 added by Stats. 1999, Ch. 815, Sec. 36. )

    Verify source ↗

    The Legislature states that handling fees paid to supermarket site recycling centers must be used only to cover the unique costs of providing convenient recycling opportunities, and not for unfair or predatory competition to reduce other certified recycling centers’ rates.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 7.5. Penalties for Unfair Recycling Competition [14588 - 14588.2] ( Chapter 7.5 added by Stats. 1999, Ch. 815, Sec. 36. ) ## 14588. It is the intent of the Legislature that handling fees paid to supermarket site recycling centers pursuant to Section 14585 shall only be used to offset the unique costs of providing convenient recycling opportunities to consumers at supermarket sites, and that those fees may not be expended for the purpose of engaging in unfair and predatory competition in order to reduce recycling rates of other recycling centers certified pursuant to this division. (Added by Stats. 1999, Ch. 815, Sec. 36. Effective January 1, 2000.)
  35. 14588.1.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 7.5. Penalties for Unfair Recycling Competition [14588 - 14588.2] ( Chapter 7.5 added by Stats. 1999, Ch. 815, Sec. 36. )

    Verify source ↗

    This section defines “unfair and predatory pricing,” sets the distance rules used to compare scrap values, and gives the department authority to define or designate rural regions.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 7.5. Penalties for Unfair Recycling Competition [14588 - 14588.2] ( Chapter 7.5 added by Stats. 1999, Ch. 815, Sec. 36. ) ## 14588.1. (a) As used in this chapter, “unfair and predatory pricing” means the payment to consumers by a supermarket site, that receives handling fees for the redemption of beverage containers, in an amount that exceeds the sum of both of the following: (1) The California refund value for that container. (2) (A) If the supermarket site is not located in a rural region, the average scrap value paid per pound for that container type by specified certified recycling centers located within a five-mile radius of the supermarket site on the date of the alleged occurrence, the day before the alleged occurrence, and the day after the alleged occurrence. (B) If the supermarket site is located in a rural region, the average scrap value paid per pound for that container type by specified certified recycling centers located within a 10-mile radius of the supermarket site on the date of the alleged occurrence, the day before the alleged occurrence, and the day after the alleged occurrence. (b) In calculating the three-day average price paid by recyclers within the specified distance of a recycler alleged to have engaged in predatory pricing, as required by subdivision (a), the department shall only survey those recyclers who did not receive handling fees in three or more of the 12 whole months immediately preceding the date of the allegation of predatory pricing. (c) For purposes of this chapter, “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 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. (Amended by Stats. 2008, Ch. 696, Sec. 22. Effective September 30, 2008.)
  36. 14588.2.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 7.5. Penalties for Unfair Recycling Competition [14588 - 14588.2] ( Chapter 7.5 added by Stats. 1999, Ch. 815, Sec. 36. )

    Verify source ↗

    This section sets a complaint-driven process for alleged unfair and predatory pricing by a supermarket site, requiring the department and director to audit, hold a hearing, and decide the matter on a timetable.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 7.5. Penalties for Unfair Recycling Competition [14588 - 14588.2] ( Chapter 7.5 added by Stats. 1999, Ch. 815, Sec. 36. ) ## 14588.2. (a) To ensure that handling fees paid to a supermarket site are not used for the purpose of engaging in unfair and predatory pricing, and to otherwise further the intent of this chapter, the department shall follow all of the requirements of this section upon the complaint of either of the following: (1) Any certified recycler located within five miles of the supermarket site alleged to have engaged in unfair and predatory pricing if not located in a rural region. (2) Any certified recycler located within 10 miles of the supermarket site alleged to have engaged in unfair and predatory pricing if located in a rural region. (b) (1) Within 50 days of receiving the complaint, the department shall complete an audit of the payments for the redemption of beverage containers being paid by the supermarket site, and by all other certified recycling centers as specified in Section 14588.1, for the purpose of determining whether the supermarket site is engaged in unfair and predatory pricing. (2) The department shall withhold from public disclosure any proprietary information collected by the department in the course of the audit mandated by paragraph (1). The department shall exercise its discretion in determining what information is proprietary. (c) (1) If the director determines there is probable cause that a supermarket site, against which a complaint has been made, has engaged in unfair and predatory pricing, the director shall, within 60 days of receiving the complaint, convene an informal hearing before the director, or the director’s designee. (2) At least 10 days before the hearing, the director shall forward the results of the audit to the complainant and respondent. (3) At the hearing, the director, or the director’s designee, shall review the audit conducted pursuant to subdivision (b) and any evidence presented by the complainant that a supermarket site has engaged in unfair and predatory pricing. The director, or the director’s designee, shall also review any evidence presented by the respondent that the respondent has not engaged in unfair and predatory pricing. (4) The respondent shall be given the opportunity to rebut the presumption of unfair and predatory pricing imposed by Section 14588.1 by demonstrating to the satisfaction of the director, or the director’s designee, that the respondent did both of the following: (A) The respondent made a good faith effort to determine the average scrap value paid per pound for that container type by certified recycling centers located within a five-mile or 10-mile radius of the supermarket site, pursuant to subdivision (a) of Section 14588.1, within 30 days before the date of the alleged violation. (B) The three-day average scrap value the respondent paid per pound for that container type was within 2.5 percent of the three-day average scrap value paid per pound determined by the department pursuant to subdivision (a). (5) The director, or the director’s designee, may dismiss a complaint made pursuant to subdivision (a) upon determining either of the following: (A) The complaint is without basis. (B) The complaint is repetitious of prior similar complaints against the same supermarket site for which the director or the director’s designee has determined that no unfair and predatory pricing occurred. (d) Within 20 days of the completion of the hearing, the director, or the director’s designee, shall determine whether the supermarket site has engaged in unfair and predatory pricing. This determination shall be based upon the audit conducted pursuant to subdivision (b), and upon any clear and convincing evidence of unfair and predatory pricing presented at the hearing. (e) During the time period from the date of the receipt of a complaint pursuant to subdivision (a), until the date the director makes a determination pursuant to subdivision (d), the supermarket site against which the allegation of unfair and predatory pricing is made shall not receive handling fees that were earned during the period commencing with the date of the alleged unfair and predatory pricing. However, nothing in this subdivision shall affect the payment of handling fees to a supermarket site that is found not to have engaged in unfair and predatory pricing pursuant to this section, or to the activities of a supermarket site prior to the date of the alleged unfair and predatory pricing. (f) If, after complying with the procedure established pursuant to this section, the director, or the director’s designee, determines that a supermarket site has engaged in unfair and predatory pricing, the site is ineligible to receive handling fees as specified by this section. (1) If the determination of unfair and predatory pricing is the first for the site, the site is ineligible to receive handling fees for six months from the date that the respondent is found to have engaged in unfair and predatory pricing. (2) If the determination of unfair and predatory pricing is the second for the site, the site is ineligible to receive handling fees for one year from the date that the respondent is found to have engaged in unfair and predatory pricing. (3) If the determination of unfair and predatory pricing is the third or more for the site, the site is ineligible to receive handling fees for five years after the date that the respondent is found to have engaged in unfair and predatory pricing. (g) The complainant or respondent may obtain a review of the determination made pursuant to this section by filing in the superior court a petition for a writ of mandate within 30 days following the issuance of the determination. Section 1094.5 of the Code of Civil Procedure shall govern judicial proceedings pursuant to this subdivision, except that the court shall exercise its independent judgment. If a petition for a writ of mandate is not filed within the time limits set forth in this subdivision, the determination made pursuant to this subdivision is not subject to review by any court or agency. (h) If either party appeals the determination of the director, or the director’s designee, pursuant to subdivision (g), and the department prevails, the department may recover any costs associated with its defense of the complaint. (Amended by Stats. 2008, Ch. 696, Sec. 23. Effective September 30, 2008.)
  37. 14590.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 8. Severability and Enforcement [14590 - 14594.5] ( Chapter 8 added by Stats. 1986, Ch. 1290, Sec. 2. )

    Verify source ↗

    If one provision of this division is invalid, the rest of the division still remains effective to the extent it can operate without the invalid part.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 8. Severability and Enforcement [14590 - 14594.5] ( Chapter 8 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## 14590. If any provision of this division or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of the division which can be given effect without the invalid provision or application, and to this end the provisions of this division are severable. (Added by Stats. 1986, Ch. 1290, Sec. 2. Effective September 29, 1986.)
  38. 14591.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 8. Severability and Enforcement [14590 - 14594.5] ( Chapter 8 added by Stats. 1986, Ch. 1290, Sec. 2. )

    Verify source ↗

    This section sets penalties for violating the division or its regulations, and creates fraud-related crimes for certain knowingly false or deceptive acts.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 8. Severability and Enforcement [14590 - 14594.5] ( Chapter 8 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## 14591. (a) Except as provided in subdivision (b), in addition to any other applicable civil or criminal penalties, a person convicted of a violation of this division, or a regulation adopted pursuant to this division, is guilty of an infraction, which is punishable by a fine of one hundred dollars ($100) for each initial separate violation and not more than one thousand dollars ($1,000) for each subsequent separate violation per day. (b) (1) Every person who, with intent to defraud, knowingly takes any of the following actions is guilty of a crime: (A) Submits a false or fraudulent claim for payment pursuant to Section 14573 or 14573.5. (B) Fails to accurately report the number of beverage containers sold, as required by subdivision (b) of Section 14550. (C) Fails to make payments as required by Section 14574. (D) Redeems out-of-state containers, rejected containers, line breakage, or containers that have already been redeemed. (E) Returns redeemed containers to the California marketplace for redemption. (F) Brings out-of-state containers, rejected containers, or line breakage to the California marketplace for redemption. (G) Submits a false or fraudulent claim for handling fee payments pursuant to Section 14585. (2) If the money obtained or withheld pursuant to paragraph (1) exceeds nine hundred fifty dollars ($950), a person convicted of a crime pursuant to paragraph (1) is subject to punishment by imprisonment in a county jail for not more than one year, by a fine not exceeding ten thousand dollars ($10,000), or by both that fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months, 2 years, or 3 years, by a fine not exceeding twenty-five thousand dollars ($25,000) or twice the late or unmade payments plus interest, whichever is greater, or by both that fine and imprisonment. If the money obtained or withheld pursuant to paragraph (1) equals, or is less than, nine hundred fifty dollars ($950), the person is subject to punishment by imprisonment in a county jail for not more than six months, by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment. (c) For purposes of this section and Chapter 8.5 (commencing with Section 14595), “line breakage” and “rejected container” have the same meanings as defined in the regulations adopted or amended by the department pursuant to this division. (Amended by Stats. 2013, Ch. 356, Sec. 21. (SB 96) Effective September 26, 2013.)
  39. 14591.1.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 8. Severability and Enforcement [14590 - 14594.5] ( Chapter 8 added by Stats. 1986, Ch. 1290, Sec. 2. )

    Verify source ↗

    The department may assess civil penalties for violations of this division, with different procedures and maximum amounts depending on the violation.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 8. Severability and Enforcement [14590 - 14594.5] ( Chapter 8 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## 14591.1. (a) (1) The department may assess a civil penalty upon a person who violates this division in an amount greater than five thousand dollars ($5,000) pursuant to this division and any regulations adopted pursuant to this division only after notice and hearing in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (2) The department may assess a civil penalty upon a person who violates this division in an amount equal to, or less than, five thousand dollars ($5,000), using a notice of violation process established by regulation and may use an informal hearing process pursuant to Article 10 (commencing with Section 11445.10) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of the Government Code. (3) Each violation of this division is a separate violation and each day of the violation is a separate violation. The department shall deposit all revenues from civil penalties in the Penalty Account specified in subdivision (d) of Section 14580. (b) Any person who intentionally or negligently violates this division may be assessed a civil penalty by the department pursuant to subdivision (a) of up to ten thousand dollars ($10,000) for each separate violation, or for continuing violations, for each day that violation occurs. (c) Any person who violates this division by an action not subject to subdivision (b) may be assessed a civil penalty by the department pursuant to subdivision (a) of up to five thousand dollars ($5,000) for each separate violation, or for continuing violations, for each day that violation occurs. (d) No person may be liable for a civil penalty imposed under subdivision (b) and for a civil penalty imposed under subdivision (c) for the same act or failure to act. (e) In determining the amount of penalties to be imposed pursuant to this division, the department shall take into consideration the nature, circumstances, extent and gravity of the violation, the costs associated with bringing the action and, with respect to the violator, the ability to pay, the degree of culpability, compliance history, and any other matters that justice may require. (Amended by Stats. 2022, Ch. 610, Sec. 33. (SB 1013) Effective January 1, 2023.)
  40. 14591.2.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 8. Severability and Enforcement [14590 - 14594.5] ( Chapter 8 added by Stats. 1986, Ch. 1290, Sec. 2. )

    Verify source ↗

    The department may discipline people responsible for operating certified or registered facilities or programs, but generally must give a certificate holder notice and a hearing first.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 8. Severability and Enforcement [14590 - 14594.5] ( Chapter 8 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## 14591.2. (a) The department may take disciplinary action against any party responsible for directing, contributing to, participating in, or otherwise influencing the operations of a certified or registered facility or program. A responsible party includes, but is not limited to, the certificate holder, registrant, officer, director, or managing employee. Except as otherwise provided in this division, the department shall provide a notice and hearing in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code before taking any disciplinary action against a certificate holder. (b) All of the following are grounds for disciplinary action, in the form determined by the department in accordance with subdivision (c): (1) The responsible party engaged in fraud or deceit to obtain a certificate or registration. (2) The responsible party engaged in dishonesty, incompetence, negligence, or fraud in performing the functions and duties of a certificate holder or registrant. (3) The responsible party violated this division or any regulation adopted pursuant to this division, including, but not limited to, any requirements concerning auditing, reporting, standards of operation, or being open for business. (4) The responsible party is convicted of any crime of moral turpitude or fraud, any crime involving dishonesty, or any crime substantially related to the qualifications, functions, or duties of a certificate holder. (c) The department may take disciplinary action pursuant to this section, by taking any one of, or any combination of, the following: (1) Immediate revocation of the certificate or registration, or revocation of a certificate or registration as of a specific date in the future. (2) Immediate suspension of the certificate or registration for a specified period of time, or suspension of the certificate or registration as of a specific date in the future. Notwithstanding subdivision (a), the department may impose a suspension of five days or less through an informal notice, if the action is subject to a stay on appeal, pending an informal hearing convened in accordance with Article 10 (commencing with Section 11445.10) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of the Government Code. (3) Imposition on the certificate or registration of any condition that the department determines would further the goals of this division. (4) Issuance of a probationary certificate or registration with conditions determined by the department. (5) Collection of amounts in restitution of any money improperly paid to the certificate holder or registrant from the fund. (6) Imposition of civil penalties pursuant to Section 14591.1. (7) Suspension for a specified period of time or permanent revocation of eligibility of a supermarket site, rural region recycler, or a nonprofit convenience zone recycler to receive handling fees at one or more of the certificate holder’s certified recycling centers. (d) The department may do any of the following in taking disciplinary action pursuant to this section: (1) If a certificate holder or registrant holds certificates or is registered to operate at more than one site or to operate in more than one capacity at one location, such as an entity certified as both a processor and a recycling center, the department may simultaneously revoke, suspend, or impose conditions upon some, or all, of the certificates held by the responsible party. (2) If the responsible party is an officer, director, partner, manager, employee, or the owner of a controlling ownership interest of another certificate holder or registrant, that other operator’s certificate or registration may also be revoked, suspended, or conditioned by the department in the same proceeding, if the other certificate holder or registrant is given notice of that proceeding, or in a subsequent proceeding. (3) (A) If, pursuant to notice and a hearing conducted by the director or the director’s designee in accordance with Article 10 (commencing with Section 11445.10) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of the Government Code, the department determines that the continued operation of a certified or registered entity poses an immediate and significant threat to the fund, the department may order the immediate suspension of the certificate holder or registrant, pending revocation of the certificate or registration, or the issuance of a probationary certificate imposing reasonable terms and conditions. The department shall record the testimony at the hearing and, upon request, prepare a transcript. For purposes of this section, an immediate and significant threat to the fund means any of the following: (i) A loss to the fund of at least ten thousand dollars ($10,000) during the six-month period immediately preceding the order of suspension. (ii) Missing or fraudulent records associated with a claim or claims totaling at least ten thousand dollars ($10,000) during the six-month period immediately preceding the order of suspension. (iii) A pattern of deceit, fraud, or intentional misconduct in carrying out the duties and responsibilities of a certificate holder during the six-month period immediately preceding the order of suspension. For purposes of this section, a pattern of deceit, fraud, or intentional misconduct in carrying out the duties of a certificate holder includes, but is not limited to, the destruction or concealment of any records six months immediately preceding the order of suspension. (iv) At least three claims submitted for ineligible material in violation of this division, including, but not limited to, a violation of Section 14595.5, during the six-month period immediately preceding the order of suspension. (B) An order of suspension or probation may be issued to any or all certified or registered facilities or programs operated by a person or entity that the department determines to be culpable or responsible for the loss or conduct identified pursuant to subparagraph (A). (C) The order of suspension or issuance of a probationary certificate imposing terms or conditions shall become effective upon written notice of the order to the certificate holder or registrant. Within 20 days after notice of the order of suspension, the department shall file an accusation seeking revocation of any or all certificates or registrations held by the certificate holder or registrant. The certificate holder or registrant may, upon receiving the notice of the order of suspension or probation, appeal the order by requesting a hearing in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. A request for a hearing or appeal from an order of the department does not stay the action of the department for which the notice of the order is given. The department may combine hearings to appeal an order of suspension and a hearing for the proposed revocation of a certificate or registration into one proceeding. (D) This section does not prohibit the department from immediately revoking a probationary certificate pursuant to subdivision (b) of Section 14541 or from taking other disciplinary action pursuant to Section 14591.2. (Amended by Stats. 2015, Ch. 303, Sec. 431. (AB 731) Effective January 1, 2016.)
  41. 14591.3.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 8. Severability and Enforcement [14590 - 14594.5] ( Chapter 8 added by Stats. 1986, Ch. 1290, Sec. 2. )

    Verify source ↗

    If the department wins a civil or administrative action under this division, it may recover costs and fees from the defendant or respondent. If the defendant or respondent wins, they may claim their defense costs and fees if the department’s action was clearly frivolous or lacked significant merit.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 8. Severability and Enforcement [14590 - 14594.5] ( Chapter 8 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## 14591.3. In any civil or administrative action brought pursuant to this division in which the department prevails, the department may assess against the defendant or respondent any costs and fees, including attorneys’ and experts’ fees, and the cost of the investigation and hearing, which are incurred by the fund, whether paid or payable from the fund, and are a result of bringing the civil or administrative action against the defendant or respondent. In the same action, the defendant or respondent may claim from the department any costs and fees incurred in defending or responding to any action brought by the department in which the defendant or respondent prevails, upon a finding that the department’s action was clearly frivolous or lacking in significant merit. (Added by Stats. 1991, Ch. 1069, Sec. 18.)
  42. 14591.4.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 8. Severability and Enforcement [14590 - 14594.5] ( Chapter 8 added by Stats. 1986, Ch. 1290, Sec. 2. )

    Verify source ↗

    The department may seek restitution of money illegally paid from the fund, and may impose a penalty of up to $100 per violation after full restitution is collected.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 8. Severability and Enforcement [14590 - 14594.5] ( Chapter 8 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## 14591.4. (a) In addition to any other remedies, penalties, and disciplinary actions provided by this division or otherwise, the department may seek restitution of any money illegally paid to any person from the fund, plus interest at the rate earned on the Pooled Money Investment Account of the total amount. (b) A certificate holder is liable to the department for restitution pursuant to paragraph (5) of subdivision (c) of Section 14591.2 for payments made by the department to the certificate holder that are based on improperly prepared or maintained documents, as specified in paragraph (7) of subdivision (b) of Section 14538 and paragraph (8) of subdivision (b) of Section 14539. (c) If the department has a civil cause of action for restitution pursuant to subdivision (a) or (b), or if the department has a civil cause of action against a certificate holder or other responsible party for restitution under any other circumstance, the department may seek restitution in accordance with the following: (1) For restitution of an amount of more than one thousand dollars ($1,000), the department shall proceed in a hearing in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. The hearing may take place at the same time as a hearing to impose disciplinary action on a certificate holder. (2) For restitution of an amount of one thousand dollars ($1,000) or less, the department may use an informal hearing in accordance with Article 10 (commencing with Section 11445.10) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of the Government Code. (d) Notwithstanding subdivisions (b) and (c) of Section 14591.1, if the department collects amounts in full restitution for money paid, the department may impose a penalty of not more than one hundred dollars ($100) for each separate violation, or for continuing violations, for each day that violation occurs. (Amended by Stats. 2000, Ch. 731, Sec. 19. Effective January 1, 2001.)
  43. 14591.5.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 8. Severability and Enforcement [14590 - 14594.5] ( Chapter 8 added by Stats. 1986, Ch. 1290, Sec. 2. )

    Verify source ↗

    After judicial review time expires, the department may ask court for a judgment to collect unpaid civil penalties or restitution; the application must include a certified copy of the final agency order or decision.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 8. Severability and Enforcement [14590 - 14594.5] ( Chapter 8 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## 14591.5. After the time for judicial review under Section 11523 of the Government Code has expired, the department may apply to the small claims court or superior court, depending on the jurisdictional amount and any other remedy sought, in the county where the penalties, restitution, or other remedy was imposed by the department, for a judgment to collect any unpaid civil penalties or restitution or to enforce any other remedy provided by this division. The application, which shall include a certified copy of the final agency order or decision, shall constitute a sufficient showing to warrant the issuance of the judgment. The court clerk shall enter the judgment immediately in conformity with the application. The judgment so entered shall have the same force and effect as, and shall be subject to all the provisions of law relating to, a judgment in a civil action, and may be enforced in the same manner as any other judgment of the court. The court shall make enforcement of the judgment a priority. (Amended by Stats. 2002, Ch. 784, Sec. 583. Effective January 1, 2003.)
  44. 14591.6.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 8. Severability and Enforcement [14590 - 14594.5] ( Chapter 8 added by Stats. 1986, Ch. 1290, Sec. 2. )

    Verify source ↗

    The department may order a person to stop unlawful recycling activity, and the Attorney General can seek an injunction if the order is ignored.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 8. Severability and Enforcement [14590 - 14594.5] ( Chapter 8 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## 14591.6. (a) When a person is engaged in recycling activity that violates this division, any regulation adopted pursuant to this division, or an order issued under this division, the department may issue an order to that person to cease and desist from that activity. (b) If a request for a hearing is filed in writing within 10 days of the date of service of the order described in subdivision (a), a hearing shall be held in accordance with Article 10 (commencing with Section 11445.10) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of the Government Code. The director or the director’s designee shall determine whether to sustain or reverse the cease and desist order. If sustained, the order shall become effective and final upon the issuance and service of the order. (c) If no written request for a hearing is filed within 10 days of the date of service of the order described in subdivision (a), or if a party requesting the hearing does not appear at the hearing, the order shall be deemed the final order of the department and is not subject to review by any court or agency. This order shall become effective and final after the expiration of the 10-day period within which a hearing may be requested. (d) If a hearing is requested pursuant to subdivision (b) and the party requesting the hearing does not appear on the date scheduled, and fails to notify the department at least five days prior to the hearing date that the party will not appear, the department may recover from the party all costs and fees incurred by the department, including attorneys’ and experts’ fees, and any other costs associated with preparing for, or conducting, the hearing. (e) Upon the failure of any person or persons to comply with any cease and desist order issued by the department, the Attorney General, upon request of the department, shall petition the superior court for the issuance of a preliminary or permanent injunction, or both, as may be appropriate, restraining the person from continuing the activity in violation of the cease and desist order. (f) The court shall issue an order directing defendants to appear before the court at a certain time and place and show cause why the injunction should not be issued. The court may grant the prohibitory or mandatory relief that may be warranted. (Amended by Stats. 2001, Ch. 874, Sec. 12. Effective October 14, 2001.)
  45. 14593.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 8. Severability and Enforcement [14590 - 14594.5] ( Chapter 8 added by Stats. 1986, Ch. 1290, Sec. 2. )

    Verify source ↗

    The department may impose a civil penalty and interest on distributors and beverage manufacturers that underpay or pay late, and it may inspect their accounts and records.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 8. Severability and Enforcement [14590 - 14594.5] ( Chapter 8 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## 14593. Notwithstanding subdivisions (b) and (c) of Section 14591.1, the department may assess a civil penalty of up to 15 percent of the amount due for payment, and interest at the rate earned by the Pooled Money Investment Account, on distributors and beverage manufacturers for underpayment or late payment of the redemption payments for containers to the fund. The department may examine the accounts and records of distributors and beverage manufacturers that pay or should pay a redemption payment. No penalty shall be assessed until 30 days after the department has notified the distributor or manufacturer of the penalty assessment, and the amount due for payment and interest has not been paid. (Amended by Stats. 2008, Ch. 696, Sec. 24. Effective September 30, 2008.)
  46. 14594.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 8. Severability and Enforcement [14590 - 14594.5] ( Chapter 8 added by Stats. 1986, Ch. 1290, Sec. 2. )

    Verify source ↗

    The department may fine a beverage manufacturer that does not pay a required processing fee, and may inspect records in related cases.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 8. Severability and Enforcement [14590 - 14594.5] ( Chapter 8 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## 14594. (a) Notwithstanding subdivisions (b) and (c) of Section 14591.1, the department may assess a civil penalty of up to 15 percent of the amount due for payment, and interest at the rate earned by the Pooled Money Investment Account, on a beverage manufacturer that fails to pay a processing fee required pursuant to Section 14575. The department may examine the accounts and records of a beverage manufacturer that pays or should pay a processing fee. No penalty shall be assessed until 30 days after the department has notified the manufacturer of the penalty assessment, and the amount due for payment and interest has not been paid. (b) If the department determines that an audit of a beverage manufacturer shows that there has been an underpayment of a processing fee, the department may examine the records concerning beverage container sales of a container manufacturer that supplied the beverage containers to the beverage manufacturer. (Amended by Stats. 2008, Ch. 696, Sec. 25. Effective September 30, 2008.)
  47. 14594.5.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 8. Severability and Enforcement [14590 - 14594.5] ( Chapter 8 added by Stats. 1986, Ch. 1290, Sec. 2. )

    Verify source ↗

    The department may impose a civil penalty for redeeming, attempting to redeem, or helping redeem containers that were already redeemed or otherwise ineligible.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 8. Severability and Enforcement [14590 - 14594.5] ( Chapter 8 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## 14594.5. (a) Notwithstanding Section 14591.1, the department may assess upon any person, entity, or operation that redeems, attempts to redeem, or aids in the redemption of, empty beverage containers that have already been redeemed, or redeems, attempts to redeem, or aids in the redemption of, otherwise ineligible beverage containers, including, but not limited to, out-of-state containers or empty beverage container materials imported from out of state, a civil penalty of up to ten thousand dollars ($10,000) per transaction, or an amount equal to three times the damage or potential damage, whichever is greater, plus costs as provided in Section 14591.3, pursuant to notice and hearing in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (b) For purposes of this section, the act of labeling a beverage container pursuant to subdivision (a) of Section 14561 shall not, in and of itself, be deemed to aid in the redemption of ineligible beverage containers. (Amended by Stats. 2014, Ch. 597, Sec. 5. (AB 1846) Effective January 1, 2015.)
  48. 14595.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 8.5. Reporting Requirements and Payment Prohibitions Related to Out-of-State and Other Ineligible Containers [14595 - 14599] ( Chapter 8.5 added by Stats. 2000, Ch. 731, Sec. 23. )

    Verify source ↗

    The Legislature says certain out-of-state, previously redeemed, rejected, or line-breakage beverage container material threatens the recycling program, and states that no refund value or other recycling program payments should be made for that material.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 8.5. Reporting Requirements and Payment Prohibitions Related to Out-of-State and Other Ineligible Containers [14595 - 14599] ( Chapter 8.5 added by Stats. 2000, Ch. 731, Sec. 23. ) ## 14595. The Legislature finds and declares that the redemption of beverage container material imported from out of state, previously redeemed containers, rejected containers, and line breakage presents a significant threat to the integrity of the beverage container recycling program and fund. It is therefore the intent of the Legislature that no refund value or other recycling program payments be paid to any person for this material. It is further the intent of the Legislature that any person participating in conduct intended to defraud the state’s beverage container recycling program shall be held accountable for that conduct. (Added by Stats. 2000, Ch. 731, Sec. 23. Effective January 1, 2001.)
  49. 14595.4.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 8.5. Reporting Requirements and Payment Prohibitions Related to Out-of-State and Other Ineligible Containers [14595 - 14599] ( Chapter 8.5 added by Stats. 2000, Ch. 731, Sec. 23. )

    Verify source ↗

    This section defines “person” and “refund value” for this chapter.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 8.5. Reporting Requirements and Payment Prohibitions Related to Out-of-State and Other Ineligible Containers [14595 - 14599] ( Chapter 8.5 added by Stats. 2000, Ch. 731, Sec. 23. ) ## 14595.4. For purposes of this chapter, the following definitions shall apply: (a) “Person” means any individual, corporation, operation, or entity, whether or not certified or registered pursuant to this division. (b) “Refund value” means, in addition to the definition in Section 14524, any payment by a certified recycler for beverage container material that is at least 15 percent more than the statewide average scrap value for that material type, as determined by the department for the month in which the payment was made, unless the department determines that a reasonable basis exists for that payment. (Added by Stats. 2000, Ch. 731, Sec. 23. Effective January 1, 2001.)
  50. 14595.5.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 8.5. Reporting Requirements and Payment Prohibitions Related to Out-of-State and Other Ineligible Containers [14595 - 14599] ( Chapter 8.5 added by Stats. 2000, Ch. 731, Sec. 23. )

    Verify source ↗

    People may not pay, claim, or receive refund-related fees for out-of-state or other ineligible beverage containers, and they may not fraudulently redeem or move those containers for redemption.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 8.5. Reporting Requirements and Payment Prohibitions Related to Out-of-State and Other Ineligible Containers [14595 - 14599] ( Chapter 8.5 added by Stats. 2000, Ch. 731, Sec. 23. ) ## 14595.5. (a) (1) No person shall pay, claim, or receive any refund value, processing payment, handling fee, or administrative fee for any of the following: (A) Beverage container material that the person knew, or should have known, was imported from out of state. (B) A previously redeemed container, rejected container, line breakage, or other ineligible material. (2) No person shall, with intent to defraud, do any of the following: (A) Redeem or attempt to redeem an out-of-state container, rejected container, line breakage, previously redeemed container, or other ineligible material. (B) Return a previously redeemed container to the marketplace for redemption. (C) Bring an out-of-state container, rejected container, line breakage, or other ineligible material to the marketplace for redemption. (D) Receive, store, transport, distribute, or otherwise facilitate or aid in the redemption of a previously redeemed container, out-of-state container, rejected container, line breakage, or other ineligible material. (b) For purposes of implementing subdivision (a), the department shall take all reasonable steps to exclude beverage container material imported from out of state, previously redeemed containers, rejected containers, and line breakage, when conducting surveys to determine a commingled rate pursuant to Section 14549.5. (Added by Stats. 2000, Ch. 731, Sec. 23. Effective January 1, 2001.)
  51. 14596.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 8.5. Reporting Requirements and Payment Prohibitions Related to Out-of-State and Other Ineligible Containers [14595 - 14599] ( Chapter 8.5 added by Stats. 2000, Ch. 731, Sec. 23. )

    Verify source ↗

    Certain importers and vehicle operators must report and stop for inspection when carrying enough empty beverage container material, and violations can trigger department penalties.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 8.5. Reporting Requirements and Payment Prohibitions Related to Out-of-State and Other Ineligible Containers [14595 - 14599] ( Chapter 8.5 added by Stats. 2000, Ch. 731, Sec. 23. ) ## 14596. (a) Any person importing more than 25 pounds of empty aluminum, bimetal, or plastic beverage container material, or more than 250 pounds of empty glass beverage container material, into the state, shall report the material to the department and provide the department with all of the following: (1) Documentation on the source of the material. (2) Documentation on the destination of the material. (3) Any other information deemed necessary by the department as it relates to the importation of empty beverage container material. (4) An opportunity for inspection, in accordance with the regulations adopted by the department. (b) (1) (A) In addition to inspections required by the regulations adopted by the department pursuant to subdivision (a), a vehicle entering the state that contains more than 25 pounds of empty beverage container material shall pass through the nearest plant quarantine inspection station maintained pursuant to Section 5341 of the Food and Agricultural Code, and shall obtain proof of inspection from the department. (B) The department may enter into an interagency agreement with the Department of Food and Agriculture to implement the requirements of this subdivision. (2) The operator of a vehicle that contains more than 25 pounds of empty beverage container material is in violation of this chapter if the operator does any of the following: (A) Fails to stop the vehicle at a plant quarantine inspection station. (B) Willfully avoids a plant quarantine inspection station. (C) Fails to stop upon demand of a clearly identified plant quarantine inspection station officer, an officer of the California Highway Patrol, or an officer of a state or local law enforcement agency, when the officer orders the operator to stop for the purpose of determining whether this operator is in violation of this section. (c) The department may impose civil penalties pursuant to Section 14591.1 or take disciplinary action pursuant to Section 14591.2 for a violation of this section. (d) Subdivision (c) does not prohibit the imposition of a criminal penalty pursuant to subdivision (a) of Section 14591 for a violation of subdivision (b). A second or subsequent violation of subdivision (b) within three years of a prior conviction of a violation of subdivision (b) shall be punishable as a misdemeanor. (Amended by Stats. 2012, Ch. 540, Sec. 2. (AB 1933) Effective September 25, 2012.)
  52. 14597.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 8.5. Reporting Requirements and Payment Prohibitions Related to Out-of-State and Other Ineligible Containers [14595 - 14599] ( Chapter 8.5 added by Stats. 2000, Ch. 731, Sec. 23. )

    Verify source ↗

    A person must not falsify required documents or submit a fraudulent claim, and the department may impose penalties, restitution, or disciplinary action.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 8.5. Reporting Requirements and Payment Prohibitions Related to Out-of-State and Other Ineligible Containers [14595 - 14599] ( Chapter 8.5 added by Stats. 2000, Ch. 731, Sec. 23. ) ## 14597. (a) No person shall falsify documents required pursuant to this division or pursuant to regulations adopted by the department. The falsification of these documents is evidence of intent to defraud and, for purposes of subdivision (b) of Section 14591.1, constitutes intentional misconduct. The department may also take disciplinary action pursuant to Section 14591.2 against a person who engages in falsification including, but not limited to, revocation of any certificate or registration. (b) No person shall submit, or cause to be submitted, a fraudulent claim pursuant to this division. For purposes of this subdivision, a fraudulent claim is a claim based in whole or in part on false information or falsified documents. Any person who submits a fraudulent claim is subject to the assessment of penalties pursuant to subdivision (b) of Section 14591.1. The department may take action for full restitution for a fraudulent claim, pursuant to Section 14591.4, and may also take disciplinary action pursuant to Section 14591.2 including, but not limited to, revocation of any certificate or registration. (Added by Stats. 2000, Ch. 731, Sec. 23. Effective January 1, 2001.)
  53. 14599.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 8.5. Reporting Requirements and Payment Prohibitions Related to Out-of-State and Other Ineligible Containers [14595 - 14599] ( Chapter 8.5 added by Stats. 2000, Ch. 731, Sec. 23. )

    Verify source ↗

    The department may adopt emergency regulations to implement this chapter, and those regulations must follow specified state procedures and stay in effect until the director revises them.

    ## Public Resources Code - PRC ## DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500 - 14599] ( Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2. ) ## CHAPTER 8.5. Reporting Requirements and Payment Prohibitions Related to Out-of-State and Other Ineligible Containers [14595 - 14599] ( Chapter 8.5 added by Stats. 2000, Ch. 731, Sec. 23. ) ## 14599. The department may adopt emergency regulations to implement this chapter. Any emergency regulations, if adopted, shall be adopted in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and for the purposes of that chapter, including Section 11349.6 of the Government Code, the adoption of these regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health and safety, and general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, any emergency regulations adopted pursuant to this section shall be filed with, but not repealed by, the Office of Administrative Law, and shall remain in effect until revised by the director. (Added by Stats. 2000, Ch. 731, Sec. 23. Effective January 1, 2001.)
  54. 15.

    ## Public Resources Code - PRC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    This provision says “shall” means mandatory and “may” means permissive.

    ## Public Resources Code - PRC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1939, Ch. 93. ) ## 15. “Shall” is mandatory and “may” is permissive. (Enacted by Stats. 1939, Ch. 93.)
  55. 15000.

    ## Public Resources Code - PRC ## DIVISION 12.2. PRODUCTS CONTAINING TOXIC METALS [15000 - 15029] ( Heading of Division 12.2 amended by Stats. 2001, Ch. 656, Sec. 5. ) ## CHAPTER 1. General [15000 - 15001] ( Chapter 1 added by Stats. 1993, Ch. 816, Sec. 2. )

    Verify source ↗

    This division is named the Dry Cell Battery Management Act and may be cited by that name.

    ## Public Resources Code - PRC ## DIVISION 12.2. PRODUCTS CONTAINING TOXIC METALS [15000 - 15029] ( Heading of Division 12.2 amended by Stats. 2001, Ch. 656, Sec. 5. ) ## CHAPTER 1. General [15000 - 15001] ( Chapter 1 added by Stats. 1993, Ch. 816, Sec. 2. ) ## 15000. This division shall be known, and may be cited, as the Dry Cell Battery Management Act. (Repealed and added by Stats. 1993, Ch. 816, Sec. 2. Effective January 1, 1994.)
  56. 15001.

    ## Public Resources Code - PRC ## DIVISION 12.2. PRODUCTS CONTAINING TOXIC METALS [15000 - 15029] ( Heading of Division 12.2 amended by Stats. 2001, Ch. 656, Sec. 5. ) ## CHAPTER 1. General [15000 - 15001] ( Chapter 1 added by Stats. 1993, Ch. 816, Sec. 2. )

    Verify source ↗

    This section states legislative findings about toxic metals in batteries and the public interest in reducing them, recycling or properly disposing of rechargeable batteries, educating the public, encouraging manufacturer and dealer recycling efforts, and using uniform labeling requirements.

    ## Public Resources Code - PRC ## DIVISION 12.2. PRODUCTS CONTAINING TOXIC METALS [15000 - 15029] ( Heading of Division 12.2 amended by Stats. 2001, Ch. 656, Sec. 5. ) ## CHAPTER 1. General [15000 - 15001] ( Chapter 1 added by Stats. 1993, Ch. 816, Sec. 2. ) ## 15001. The Legislature hereby finds and declares as follows: (a) On the basis of available scientific and medical evidence, exposure to toxic materials, including mercury, cadmium, and lead, is of significant concern to human health and safety and to the environment. (b) The presence of toxic metals in certain dry cell batteries is of special concern, in light of the substantial quantity of used dry cell and rechargeable batteries that are discarded annually, and the potential health and environmental consequences associated with that disposal. (c) It is in the public interest to reduce or eliminate the quantity and toxicity of metals in dry cell batteries, to recycle or properly dispose of rechargeable batteries which contain toxic metals, and to educate the public concerning the collection, recycling, and proper disposal of those batteries. (d) Manufacturers and dealers of rechargeable batteries should be encouraged to promote the recycling and proper disposal of used rechargeable batteries through retail displays and collection programs. (e) The use of uniform labeling requirements for rechargeable batteries, rechargeable consumer products, and product packaging will assist in battery collection and recycling, and thus benefit human health and safety and the environment. (Repealed and added by Stats. 1993, Ch. 816, Sec. 2. Effective January 1, 1994.)
  57. 15013.

    ## Public Resources Code - PRC ## DIVISION 12.2. PRODUCTS CONTAINING TOXIC METALS [15000 - 15029] ( Heading of Division 12.2 amended by Stats. 2001, Ch. 656, Sec. 5. ) ## CHAPTER 3. Removal and Labeling Requirements [15013 - 15018] ( Chapter 3 added by Stats. 1993, Ch. 816, Sec. 2. )

    Verify source ↗

    This section requires rechargeable consumer products and related batteries/packaging sold in the state to meet labeling and product-display requirements, bars local governments from imposing different labeling rules, lets the board adopt similar regulations for other battery chemistries, and makes violations a misdemeanor.

    ## Public Resources Code - PRC ## DIVISION 12.2. PRODUCTS CONTAINING TOXIC METALS [15000 - 15029] ( Heading of Division 12.2 amended by Stats. 2001, Ch. 656, Sec. 5. ) ## CHAPTER 3. Removal and Labeling Requirements [15013 - 15018] ( Chapter 3 added by Stats. 1993, Ch. 816, Sec. 2. ) ## 15013. (a) On and after January 1, 1995, no person shall sell or offer for sale in this state any rechargeable consumer product unless the product meets all of the following requirements: (1) The rechargeable battery is easily removable from the rechargeable consumer product or is contained in a battery pack that is easily removable from, the product. (2) The rechargeable consumer product and the rechargeable battery are labeled in accordance with subdivision (b). (3) The rechargeable battery, battery pack, or rechargeable consumer product, if the product has a nonremovable rechargeable battery, has a brand name affixed to it. (4) The instruction manual for the rechargeable consumer product includes information regarding the proper recycling or disposal of the used rechargeable battery. (b) On and after July 1, 1994, each rechargeable battery, consumer product package containing a rechargeable battery or battery pack, and the package for each such item, which is sold or offered for sale in this state, shall meet all of the following requirements: (1) Be labeled in a conspicuous manner that is visible to consumers. (2) Include the chemical name or the standard abbreviation for the chemical composition of the battery or battery pack. (3) Contain the following statement: (A) On each easily removable battery or easily removable battery pack: “NICKEL-CADMIUM BATTERY. MUST BE RECYCLED OR DISPOSED OF PROPERLY.” OR “SEALED LEAD BATTERY. MUST BE RECYCLED OR DISPOSED OF PROPERLY.” (B) On each rechargeable consumer product, granted an exemption pursuant to Section 15014, without an easily removable battery or battery pack: “CONTAINS NICKEL-CADMIUM BATTERY. BATTERY MUST BE RECYCLED OR DISPOSED OF PROPERLY.” OR “CONTAINS SEALED LEAD BATTERY. BATTERY MUST BE RECYCLED OR DISPOSED OF PROPERLY.” (C) On the packaging of each rechargeable consumer product, rechargeable battery, or battery pack, unless the specified label is clearly visible through the packaging: “CONTAINS NICKEL-CADMIUM BATTERY. BATTERY MUST BE RECYCLED OR DISPOSED OF PROPERLY.” OR “CONTAINS SEALED LEAD BATTERY. BATTERY MUST BE RECYCLED OR DISPOSED OF PROPERLY.” (4) The label and messages specified in paragraphs (1), (2), and (3) shall use contrasting colors to differentiate the label message and background to enhance readability. (5) No political subdivision of this state may enact or enforce any environmental labeling requirement for a rechargeable battery or battery pack, or a rechargeable consumer product, that is not identical to the labeling requirements contained in this subdivision or any regulations adopted by the board pursuant to this subdivision. (c) The board may adopt regulations that require substantially similar labeling requirements for rechargeable batteries with chemistries that are different from those covered by subdivision (a) and the battery packs and products containing those batteries. Any regulations shall be adopted, amended, or repealed in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (d) Any violation of this section is a misdemeanor. (Added by Stats. 1993, Ch. 816, Sec. 2. Effective January 1, 1994.)
  58. 15014.

    ## Public Resources Code - PRC ## DIVISION 12.2. PRODUCTS CONTAINING TOXIC METALS [15000 - 15029] ( Heading of Division 12.2 amended by Stats. 2001, Ch. 656, Sec. 5. ) ## CHAPTER 3. Removal and Labeling Requirements [15013 - 15018] ( Chapter 3 added by Stats. 1993, Ch. 816, Sec. 2. )

    Verify source ↗

    Manufacturers or manufacturer trade organizations for rechargeable batteries or rechargeable consumer products may apply to the board for an exemption, and the board must act on the request within 60 days.

    ## Public Resources Code - PRC ## DIVISION 12.2. PRODUCTS CONTAINING TOXIC METALS [15000 - 15029] ( Heading of Division 12.2 amended by Stats. 2001, Ch. 656, Sec. 5. ) ## CHAPTER 3. Removal and Labeling Requirements [15013 - 15018] ( Chapter 3 added by Stats. 1993, Ch. 816, Sec. 2. ) ## 15014. (a) Any manufacturer of, or any manufacturer trade organization with respect to, any rechargeable battery or rechargeable consumer product may submit an application to the board for an exemption from the requirements of paragraph (1) of subdivision (a) of Section 51013 in accordance with the procedures prescribed in subdivision (b). Within 60 days of receipt of an application for an exemption, the board shall either approve or deny the request. The exemption shall be issued for a period that is determined to be appropriate by the board, but shall not exceed two years. (b) The application for an exemption shall include both of the following: (1) A statement of the specified basis for the exemption. (2) The name, business address, and telephone number of the applicant. (c) The board shall grant the exemption if the board finds that the manufacturer has been unable to commence manufacture of the rechargeable consumer product in compliance with this chapter and with an equivalent level of product performance without causing either of the following: (1) Danger to human health and safety or to the environment. (2) Violation of requirements for approvals from governmental agencies or the Underwriters Laboratories or a similar widely recognized private standard-setting organization. (d) The board may, by regulation, establish an application fee in an amount sufficient to offset the cost of processing requests for exemptions. (e) A manufacturer or manufacturer trade organization granted an exemption may apply for an extension of the exemption in accordance with the requirements and procedures in subdivisions (b) and (c). However, in considering an extension of any exemption, the board shall evaluate whether other rechargeable consumer product manufacturers have developed technology or methods that permit access to the rechargeable battery in the same or similar type application. The board may grant up to three extensions of not more than two years each after the date of the original exemption. (Added by Stats. 1993, Ch. 816, Sec. 2. Effective January 1, 1994.)
  59. 15016.

    ## Public Resources Code - PRC ## DIVISION 12.2. PRODUCTS CONTAINING TOXIC METALS [15000 - 15029] ( Heading of Division 12.2 amended by Stats. 2001, Ch. 656, Sec. 5. ) ## CHAPTER 3. Removal and Labeling Requirements [15013 - 15018] ( Chapter 3 added by Stats. 1993, Ch. 816, Sec. 2. )

    Verify source ↗

    Actions taken solely to increase recycling of rechargeable batteries or battery packs are not violations of the Cartwright Act or the Unfair Practices Act.

    ## Public Resources Code - PRC ## DIVISION 12.2. PRODUCTS CONTAINING TOXIC METALS [15000 - 15029] ( Heading of Division 12.2 amended by Stats. 2001, Ch. 656, Sec. 5. ) ## CHAPTER 3. Removal and Labeling Requirements [15013 - 15018] ( Chapter 3 added by Stats. 1993, Ch. 816, Sec. 2. ) ## 15016. Any action solely to increase the recycling of rechargeable batteries or battery packs by any person or entity that affects the types or quantities being recycled, or the cost and structure of any return program, pursuant to this chapter is not a violation of the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code) or the Unfair Practices Act (Chapter 4 (commencing with Section 17000) of Part 2 of Division 7 of the Business and Professions Code). (Added by Stats. 1993, Ch. 816, Sec. 2. Effective January 1, 1994.)
  60. 15018.

    ## Public Resources Code - PRC ## DIVISION 12.2. PRODUCTS CONTAINING TOXIC METALS [15000 - 15029] ( Heading of Division 12.2 amended by Stats. 2001, Ch. 656, Sec. 5. ) ## CHAPTER 3. Removal and Labeling Requirements [15013 - 15018] ( Chapter 3 added by Stats. 1993, Ch. 816, Sec. 2. )

    Verify source ↗

    People returning used rechargeable batteries or products containing them to a recycling or disposal facility must follow Health and Safety Code Section 25201 or 25216.1, or any successor section.

    ## Public Resources Code - PRC ## DIVISION 12.2. PRODUCTS CONTAINING TOXIC METALS [15000 - 15029] ( Heading of Division 12.2 amended by Stats. 2001, Ch. 656, Sec. 5. ) ## CHAPTER 3. Removal and Labeling Requirements [15013 - 15018] ( Chapter 3 added by Stats. 1993, Ch. 816, Sec. 2. ) ## 15018. For purposes of carrying out the collection, storage, transportation, and recycling of used rechargeable batteries or consumer products containing used rechargeable batteries, persons involved in returning used rechargeable batteries or consumer products containing used rechargeable batteries to a facility for recycling or proper disposal shall be subject to Section 25201 or 25216.1 of the Health and Safety Code or any successor section. (Added by Stats. 1993, Ch. 816, Sec. 2. Effective January 1, 1994.)
  61. 15020.

    ## Public Resources Code - PRC ## DIVISION 12.2. PRODUCTS CONTAINING TOXIC METALS [15000 - 15029] ( Heading of Division 12.2 amended by Stats. 2001, Ch. 656, Sec. 5. ) ## CHAPTER 4. Mercury in Batteries [15020 - 15024] ( Chapter 4 added by Stats. 1993, Ch. 817, Sec. 3. )

    Verify source ↗

    A person may not sell household dry cell batteries made on or after January 1, 1994, if their mercury content exceeds the stated limits.

    ## Public Resources Code - PRC ## DIVISION 12.2. PRODUCTS CONTAINING TOXIC METALS [15000 - 15029] ( Heading of Division 12.2 amended by Stats. 2001, Ch. 656, Sec. 5. ) ## CHAPTER 4. Mercury in Batteries [15020 - 15024] ( Chapter 4 added by Stats. 1993, Ch. 817, Sec. 3. ) ## 15020. No person shall sell any dry cell battery manufactured on and after January 1, 1994, for household use in which the mercury content, by weight, exceeds the following limits: (a) In an alkaline battery, 0.025 percent. (b) In a carbon-zinc battery, 0.0 percent intentionally introduced mercury, as distinguished from mercury which may be incidentally present in other materials. (Added by Stats. 1993, Ch. 817, Sec. 3. Effective January 1, 1994.)
  62. 15021.

    ## Public Resources Code - PRC ## DIVISION 12.2. PRODUCTS CONTAINING TOXIC METALS [15000 - 15029] ( Heading of Division 12.2 amended by Stats. 2001, Ch. 656, Sec. 5. ) ## CHAPTER 4. Mercury in Batteries [15020 - 15024] ( Chapter 4 added by Stats. 1993, Ch. 817, Sec. 3. )

    Verify source ↗

    From January 1, 1994, no person may manufacture or sell mercuric oxide button cell batteries.

    ## Public Resources Code - PRC ## DIVISION 12.2. PRODUCTS CONTAINING TOXIC METALS [15000 - 15029] ( Heading of Division 12.2 amended by Stats. 2001, Ch. 656, Sec. 5. ) ## CHAPTER 4. Mercury in Batteries [15020 - 15024] ( Chapter 4 added by Stats. 1993, Ch. 817, Sec. 3. ) ## 15021. On and after January 1, 1994, no person shall manufacture or sell any mercuric oxide button cell battery of any type or for any use. (Added by Stats. 1993, Ch. 817, Sec. 3. Effective January 1, 1994.)
  63. 15022.

    ## Public Resources Code - PRC ## DIVISION 12.2. PRODUCTS CONTAINING TOXIC METALS [15000 - 15029] ( Heading of Division 12.2 amended by Stats. 2001, Ch. 656, Sec. 5. ) ## CHAPTER 4. Mercury in Batteries [15020 - 15024] ( Chapter 4 added by Stats. 1993, Ch. 817, Sec. 3. )

    Verify source ↗

    A person may not sell certain alkaline manganese batteries made on or after January 1, 1996 if they contain intentionally added mercury.

    ## Public Resources Code - PRC ## DIVISION 12.2. PRODUCTS CONTAINING TOXIC METALS [15000 - 15029] ( Heading of Division 12.2 amended by Stats. 2001, Ch. 656, Sec. 5. ) ## CHAPTER 4. Mercury in Batteries [15020 - 15024] ( Chapter 4 added by Stats. 1993, Ch. 817, Sec. 3. ) ## 15022. No person shall sell any alkaline manganese battery manufactured on or after January 1, 1996, if the battery contains any intentionally introduced mercury, as distinguished from mercury which may be incidentally present in other materials. However, the mercury content in alkaline manganese button cell batteries shall not exceed 25 milligrams of mercury per button cell. (Added by Stats. 1993, Ch. 817, Sec. 3. Effective January 1, 1994.)
  64. 15023.

    ## Public Resources Code - PRC ## DIVISION 12.2. PRODUCTS CONTAINING TOXIC METALS [15000 - 15029] ( Heading of Division 12.2 amended by Stats. 2001, Ch. 656, Sec. 5. ) ## CHAPTER 4. Mercury in Batteries [15020 - 15024] ( Chapter 4 added by Stats. 1993, Ch. 817, Sec. 3. )

    Verify source ↗

    A person must not sell a zinc-carbon battery manufactured on or after January 1, 1994, if it contains intentionally introduced mercury.

    ## Public Resources Code - PRC ## DIVISION 12.2. PRODUCTS CONTAINING TOXIC METALS [15000 - 15029] ( Heading of Division 12.2 amended by Stats. 2001, Ch. 656, Sec. 5. ) ## CHAPTER 4. Mercury in Batteries [15020 - 15024] ( Chapter 4 added by Stats. 1993, Ch. 817, Sec. 3. ) ## 15023. No person shall sell any zinc-carbon battery manufactured on or after January 1, 1994, if the battery contains any intentionally introduced mercury, as distinguished from mercury which may be incidentally present in other materials. (Added by Stats. 1993, Ch. 817, Sec. 3. Effective January 1, 1994.)
  65. 15024.

    ## Public Resources Code - PRC ## DIVISION 12.2. PRODUCTS CONTAINING TOXIC METALS [15000 - 15029] ( Heading of Division 12.2 amended by Stats. 2001, Ch. 656, Sec. 5. ) ## CHAPTER 4. Mercury in Batteries [15020 - 15024] ( Chapter 4 added by Stats. 1993, Ch. 817, Sec. 3. )

    Verify source ↗

    A violation of this chapter is a misdemeanor.

    ## Public Resources Code - PRC ## DIVISION 12.2. PRODUCTS CONTAINING TOXIC METALS [15000 - 15029] ( Heading of Division 12.2 amended by Stats. 2001, Ch. 656, Sec. 5. ) ## CHAPTER 4. Mercury in Batteries [15020 - 15024] ( Chapter 4 added by Stats. 1993, Ch. 817, Sec. 3. ) ## 15024. Any violation of this chapter is a misdemeanor. (Added by Stats. 1993, Ch. 817, Sec. 3. Effective January 1, 1994.)
  66. 15025.

    ## Public Resources Code - PRC ## DIVISION 12.2. PRODUCTS CONTAINING TOXIC METALS [15000 - 15029] ( Heading of Division 12.2 amended by Stats. 2001, Ch. 656, Sec. 5. ) ## CHAPTER 5. Consumer Products Containing Mercury [15025 - 15029] ( Chapter 5 added by Stats. 2001, Ch. 656, Sec. 6. )

    Verify source ↗

    This section defines “mercury-added novelty,” “mercury fever thermometer,” and “school” for this article.

    ## Public Resources Code - PRC ## DIVISION 12.2. PRODUCTS CONTAINING TOXIC METALS [15000 - 15029] ( Heading of Division 12.2 amended by Stats. 2001, Ch. 656, Sec. 5. ) ## CHAPTER 5. Consumer Products Containing Mercury [15025 - 15029] ( Chapter 5 added by Stats. 2001, Ch. 656, Sec. 6. ) ## 15025. For purposes of this article, the following terms have the following meanings: (a) “Mercury-added novelty” means a mercury-added product intended mainly for personal or household enjoyment or adornment. A “mercury-added novelty” includes, but is not limited to, any item intended for use as a practical joke, figurine, adornment, toy, game, card, ornament, yard statue or figure, candle, jewelry, holiday decoration, and item of apparel, including footwear. “Mercury-added novelty” does not include a product that contains no mercury other than in a mercury-added button cell battery. (b) “Mercury fever thermometer” means a mercury-added product that is used for measuring body temperature. Mercury fever thermometer does not include a digital thermometer that uses mercury-added button cell batteries. (c) “School” means any school used for the purpose of the education of more than 12 children in kindergarten or any of grades 1 to 12, inclusive. (Amended by Stats. 2002, Ch. 625, Sec. 2. Effective September 17, 2002.)
  67. 15026.

    ## Public Resources Code - PRC ## DIVISION 12.2. PRODUCTS CONTAINING TOXIC METALS [15000 - 15029] ( Heading of Division 12.2 amended by Stats. 2001, Ch. 656, Sec. 5. ) ## CHAPTER 5. Consumer Products Containing Mercury [15025 - 15029] ( Chapter 5 added by Stats. 2001, Ch. 656, Sec. 6. )

    Verify source ↗

    After July 1, 2002, most people may not sell or otherwise supply mercury fever thermometers to consumers or patients in California; licensed persons are excepted, and the Board of Pharmacy enforces the rule.

    ## Public Resources Code - PRC ## DIVISION 12.2. PRODUCTS CONTAINING TOXIC METALS [15000 - 15029] ( Heading of Division 12.2 amended by Stats. 2001, Ch. 656, Sec. 5. ) ## CHAPTER 5. Consumer Products Containing Mercury [15025 - 15029] ( Chapter 5 added by Stats. 2001, Ch. 656, Sec. 6. ) ## 15026. (a) On and after July 1, 2002, no person, other than a person licensed pursuant to Article 9 (commencing with Section 4140) of Chapter 9 of Division 2 of the Business and Professions Code, may sell at retail, or otherwise supply, a mercury fever thermometer to a consumer or patient in this state. A mercury fever thermometer may be sold at retail, or otherwise supplied to a consumer or patient only upon the prescription of a physician, dentist, veterinarian, or podiatrist. A mercury fever thermometer sold at retail shall be accompanied by clear written instructions concerning careful handling to avoid breakage and proper cleanup should breakage occur. (b) A violation of subdivision (a) is a violation of the requirements of Chapter 9 (commencing with Section 4000) of Division 2 of the Business and Professions Code and the California State Board of Pharmacy shall enforce the requirements of subdivision (a) in accordance with Chapter 9. (Added by Stats. 2001, Ch. 656, Sec. 6. Effective January 1, 2002.)
  68. 15027.

    ## Public Resources Code - PRC ## DIVISION 12.2. PRODUCTS CONTAINING TOXIC METALS [15000 - 15029] ( Heading of Division 12.2 amended by Stats. 2001, Ch. 656, Sec. 5. ) ## CHAPTER 5. Consumer Products Containing Mercury [15025 - 15029] ( Chapter 5 added by Stats. 2001, Ch. 656, Sec. 6. )

    Verify source ↗

    This section bans selling, manufacturing, or distributing certain mercury-added novelties in California when the seller knows, or has reason to know, the product contains mercury, and requires manufacturers or distributors to notify retailers about the section and inventory disposal.

    ## Public Resources Code - PRC ## DIVISION 12.2. PRODUCTS CONTAINING TOXIC METALS [15000 - 15029] ( Heading of Division 12.2 amended by Stats. 2001, Ch. 656, Sec. 5. ) ## CHAPTER 5. Consumer Products Containing Mercury [15025 - 15029] ( Chapter 5 added by Stats. 2001, Ch. 656, Sec. 6. ) ## 15027. (a) On and after January 1, 2003, no person shall manufacture, offer for final sale or use, or distribute for promotional purposes in this state, a mercury-added novelty, if the manufacturer, seller, or distributor knows, or has reason to know, that the product contains mercury. A person who manufactures or distributes any mercury-added novelty shall notify each retailer regarding the requirements of this section and how to dispose of the remaining inventory in accordance with Chapter 6.5 (commencing with Section 25100) of Division 20 of the Health and Safety Code. (b) A violation of subdivision (a) is a violation of Article 2 (commencing with Section 108550) of Chapter 5 of Part 3 of Division 104 of the Health and Safety Code and, for purposes of that article, “mercury-added novelties” shall be deemed to be toys. The State Department of Health Services may take action against mercury-added novelties in the same manner as it is authorized to take action against toys, except that a violation of subdivision (a) is a misdemeanor punishable by a fine not to exceed one thousand dollars ($1,000) for each violation, or by imprisonment in the county jail for a period not to exceed one year, or by both that fine and imprisonment. (Added by Stats. 2001, Ch. 656, Sec. 6. Effective January 1, 2002.)
  69. 15028.

    ## Public Resources Code - PRC ## DIVISION 12.2. PRODUCTS CONTAINING TOXIC METALS [15000 - 15029] ( Heading of Division 12.2 amended by Stats. 2001, Ch. 656, Sec. 5. ) ## CHAPTER 5. Consumer Products Containing Mercury [15025 - 15029] ( Chapter 5 added by Stats. 2001, Ch. 656, Sec. 6. )

    Verify source ↗

    Schools in this state must not buy certain mercury products for classroom use, except some school-lab measuring devices if the district finds no adequate substitute.

    ## Public Resources Code - PRC ## DIVISION 12.2. PRODUCTS CONTAINING TOXIC METALS [15000 - 15029] ( Heading of Division 12.2 amended by Stats. 2001, Ch. 656, Sec. 5. ) ## CHAPTER 5. Consumer Products Containing Mercury [15025 - 15029] ( Chapter 5 added by Stats. 2001, Ch. 656, Sec. 6. ) ## 15028. No school in this state shall purchase, for use in the classroom, elemental mercury, mercury compounds, or mercury-added laboratory measurement devices, chemicals, and related materials, except measuring devices used in school laboratories for which the school district determines no adequate substitute exists. (Added by Stats. 2001, Ch. 656, Sec. 6. Effective January 1, 2002.)
  70. 15029.

    ## Public Resources Code - PRC ## DIVISION 12.2. PRODUCTS CONTAINING TOXIC METALS [15000 - 15029] ( Heading of Division 12.2 amended by Stats. 2001, Ch. 656, Sec. 5. ) ## CHAPTER 5. Consumer Products Containing Mercury [15025 - 15029] ( Chapter 5 added by Stats. 2001, Ch. 656, Sec. 6. )

    Verify source ↗

    No person may sell or offer for sale in California a vehicle made on or after January 1, 2005, if it has a mercury-containing motor vehicle light switch mounted on the hood or trunk.

    ## Public Resources Code - PRC ## DIVISION 12.2. PRODUCTS CONTAINING TOXIC METALS [15000 - 15029] ( Heading of Division 12.2 amended by Stats. 2001, Ch. 656, Sec. 5. ) ## CHAPTER 5. Consumer Products Containing Mercury [15025 - 15029] ( Chapter 5 added by Stats. 2001, Ch. 656, Sec. 6. ) ## 15029. No person may sell or offer for sale in this state a vehicle manufactured on or after January 1, 2005, that contains a mercury-containing motor vehicle light switch, as defined in Section 25214.5 of the Health and Safety Code, mounted on the hood or trunk. (Added by Stats. 2001, Ch. 656, Sec. 6. Effective January 1, 2002.)
  71. 16.

    ## Public Resources Code - PRC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    “Oath” includes affirmation.

    ## Public Resources Code - PRC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1939, Ch. 93. ) ## 16. “Oath” includes affirmation. (Enacted by Stats. 1939, Ch. 93.)
  72. 16000.

    ## Public Resources Code - PRC ## DIVISION 12.3. RECYCLED CONCRETE [16000 - 16004] ( Division 12.3 added by Stats. 2005, Ch. 693, Sec. 1. )

    Verify source ↗

    The Legislature declares that recycling natural resources and concrete materials is in the state's interest and intends this division to encourage recycled concrete use.

    ## Public Resources Code - PRC ## DIVISION 12.3. RECYCLED CONCRETE [16000 - 16004] ( Division 12.3 added by Stats. 2005, Ch. 693, Sec. 1. ) ## 16000. The Legislature finds and declares all of the following: (a) Facilitating the recycling of natural resources is in the best interest of the state. (b) Facilitating recycling of concrete materials in concrete production reduces waste, truck trips, and emissions, while advancing sustainable practices in concrete manufacture. (c) Recycling of aggregates from concrete conserves the natural resources of aggregates. (d) Recycling of water conserves water resources. (e) Recycling of returned fresh concrete maximizes the reuse of the natural resources of aggregates, water, and cement and conserves embodied energy from concrete production. (f) This division is intended to encourage the use of recycled concrete as provided in this division. (Amended by Stats. 2013, Ch. 154, Sec. 1. (AB 221) Effective January 1, 2014.)
  73. 16001.

    ## Public Resources Code - PRC ## DIVISION 12.3. RECYCLED CONCRETE [16000 - 16004] ( Division 12.3 added by Stats. 2005, Ch. 693, Sec. 1. )

    Verify source ↗

    This section defines “recycled concrete” for the division and exempts reclaimed concrete material that complies with ASTM-94 specifications.

    ## Public Resources Code - PRC ## DIVISION 12.3. RECYCLED CONCRETE [16000 - 16004] ( Division 12.3 added by Stats. 2005, Ch. 693, Sec. 1. ) ## 16001. For purposes of this division, “recycled concrete” means reclaimed concrete material used in concrete mixtures in accordance with the “Greenbook Standard Specifications for Public Works” 2003 edition, or the most current revision of those requirements. “Recycled concrete” includes mix designs or aggregate gradations that are in accordance with the specifications or codes of the American Concrete Institute (ACI), the American Society of Testing and Materials (ASTM), the International Building Code (IBC), the International Residential Code (IRC), the California Building Code (Part 2 (commencing with Section 1.1.1) of Title 24 of the California Code of Regulations), Caltrans Standard Specifications, or the California Green Building Standards Code (Part 11 (commencing with Section 101.1) of Title 24 of the California Code of Regulations). However, reclaimed concrete material that is in compliance with ASTM-94 specifications is exempt from this division. (Amended by Stats. 2013, Ch. 154, Sec. 2. (AB 221) Effective January 1, 2014.)
  74. 16002.

    ## Public Resources Code - PRC ## DIVISION 12.3. RECYCLED CONCRETE [16000 - 16004] ( Division 12.3 added by Stats. 2005, Ch. 693, Sec. 1. )

    Verify source ↗

    Recycled concrete materials may be used only if the user has been fully informed that the concrete may contain recycled concrete materials.

    ## Public Resources Code - PRC ## DIVISION 12.3. RECYCLED CONCRETE [16000 - 16004] ( Division 12.3 added by Stats. 2005, Ch. 693, Sec. 1. ) ## 16002. (a) Recycled concrete materials may be used if a user has been fully informed that the concrete may contain recycled concrete materials. (b) For the purposes of this section, “fully informed” means informed of the potential use of recycled materials in a concrete product prior to or at the time of ordering, either orally or in writing, and informed by the delivery receipt as to the recycled ingredients at delivery acceptance. (Added by Stats. 2005, Ch. 693, Sec. 1. Effective January 1, 2006.)
  75. 16003.

    ## Public Resources Code - PRC ## DIVISION 12.3. RECYCLED CONCRETE [16000 - 16004] ( Division 12.3 added by Stats. 2005, Ch. 693, Sec. 1. )

    Verify source ↗

    Recycled concrete may not be offered, provided, or sold to the Department of Transportation or the Department of General Services unless specifically requested and approved.

    ## Public Resources Code - PRC ## DIVISION 12.3. RECYCLED CONCRETE [16000 - 16004] ( Division 12.3 added by Stats. 2005, Ch. 693, Sec. 1. ) ## 16003. No recycled concrete shall be offered, provided, or sold to the Department of Transportation or the Department of General Services for any use, including, but not limited to, any project under its affiliation, contract authority, or oversight responsibility unless specifically requested and approved by the department. (Added by Stats. 2005, Ch. 693, Sec. 1. Effective January 1, 2006.)
  76. 16004.

    ## Public Resources Code - PRC ## DIVISION 12.3. RECYCLED CONCRETE [16000 - 16004] ( Division 12.3 added by Stats. 2005, Ch. 693, Sec. 1. )

    Verify source ↗

    This division does not override the California Building Code or other laws.

    ## Public Resources Code - PRC ## DIVISION 12.3. RECYCLED CONCRETE [16000 - 16004] ( Division 12.3 added by Stats. 2005, Ch. 693, Sec. 1. ) ## 16004. This division does not supersede the requirements of the California Building Code or other provisions of law. (Amended by Stats. 2013, Ch. 154, Sec. 3. (AB 221) Effective January 1, 2014.)
  77. 16050.

    ## Public Resources Code - PRC ## DIVISION 12.4. GREASE TRAP AND GREASE INTERCEPTOR WASTE [16050 - 16053] ( Division 12.4 added by Stats. 2006, Ch. 186, Sec. 2. )

    Verify source ↗

    This section defines “grease waste hauler” as a transporter of inedible kitchen grease that is subject to registration requirements in Food and Agricultural Code Section 19310.

    ## Public Resources Code - PRC ## DIVISION 12.4. GREASE TRAP AND GREASE INTERCEPTOR WASTE [16050 - 16053] ( Division 12.4 added by Stats. 2006, Ch. 186, Sec. 2. ) ## 16050. For purposes of this division, “grease waste hauler” means a transporter of inedible kitchen grease subject to the registration requirements in Section 19310 of the Food and Agricultural Code. (Added by Stats. 2006, Ch. 186, Sec. 2. Effective January 1, 2007.)
  78. 16051.

    ## Public Resources Code - PRC ## DIVISION 12.4. GREASE TRAP AND GREASE INTERCEPTOR WASTE [16050 - 16053] ( Division 12.4 added by Stats. 2006, Ch. 186, Sec. 2. )

    Verify source ↗

    A grease waste hauler may not remove grease from a grease trap or grease interceptor unless all grease, greasy liquid, water, and solids are removed each time.

    ## Public Resources Code - PRC ## DIVISION 12.4. GREASE TRAP AND GREASE INTERCEPTOR WASTE [16050 - 16053] ( Division 12.4 added by Stats. 2006, Ch. 186, Sec. 2. ) ## 16051. (a) A grease waste hauler shall not remove grease from a grease trap or grease interceptor unless the hauler removes all grease, greasy liquid, water, and solids from the grease trap or grease interceptor each time of removal. (b) Subdivision (a) does not require a grease interceptor or grease trap to be cleaned of de minimus residue that cannot be removed by normal procedures, including, but not limited to, pumping or other cleaning, or residue resulting from systems that have continuous flow. (Added by Stats. 2006, Ch. 186, Sec. 2. Effective January 1, 2007.)
  79. 16052.

    ## Public Resources Code - PRC ## DIVISION 12.4. GREASE TRAP AND GREASE INTERCEPTOR WASTE [16050 - 16053] ( Division 12.4 added by Stats. 2006, Ch. 186, Sec. 2. )

    Verify source ↗

    A violation of this division may be enforced only against a grease waste hauling company, not against an employee of the grease waste hauler.

    ## Public Resources Code - PRC ## DIVISION 12.4. GREASE TRAP AND GREASE INTERCEPTOR WASTE [16050 - 16053] ( Division 12.4 added by Stats. 2006, Ch. 186, Sec. 2. ) ## 16052. A violation of this division may only be enforced against a grease waste hauling company and shall not be enforced against an employee of the grease waste hauler. (Added by Stats. 2006, Ch. 186, Sec. 2. Effective January 1, 2007.)
  80. 16053.

    ## Public Resources Code - PRC ## DIVISION 12.4. GREASE TRAP AND GREASE INTERCEPTOR WASTE [16050 - 16053] ( Division 12.4 added by Stats. 2006, Ch. 186, Sec. 2. )

    Verify source ↗

    A grease waste hauler that violates this division can face civil penalties, with higher caps for repeat violations, and the court may also order equitable remedies.

    ## Public Resources Code - PRC ## DIVISION 12.4. GREASE TRAP AND GREASE INTERCEPTOR WASTE [16050 - 16053] ( Division 12.4 added by Stats. 2006, Ch. 186, Sec. 2. ) ## 16053. (a) A grease waste hauler who violates this division shall be subject to a civil penalty, for the first violation, in an amount that does not exceed five thousand dollars ($5,000). (b) A grease waste hauler who violates this division, for a second or subsequent violation, shall be subject to a civil penalty in an amount that does not exceed ten thousand dollars ($10,000). (c) A grease waste hauler who violates this division may also be subject to any further equitable remedy, as determined by the court. (d) The civil penalties collected pursuant to this division shall be apportioned as follows: (1) Fifty percent shall be deposited in the Environmental Enforcement and Training Account established pursuant to Section 14303 of the Penal Code, and used for purposes of Title 13 (commencing with Section 14300) of Part 4 of the Penal Code. (2) Fifty percent to the local health officer or other local public officer or agency that investigated the matter that led to bringing the action. (Amended by Stats. 2007, Ch. 130, Sec. 205. Effective January 1, 2008.)
  81. 17.

    ## Public Resources Code - PRC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    A signature or subscription can include a mark if the person cannot write.

    ## Public Resources Code - PRC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1939, Ch. 93. ) ## 17. “Signature” or “subscription” includes mark when the signer or subscriber can not write, such signer’s or subscriber’s name being written near the mark by a witness who writes his own name near the signer’s or subscriber’s name; but a signature or subscription by mark can be acknowledged or can serve as a signature or subscription to a sworn statement only when two witnesses so sign their own names thereto. (Enacted by Stats. 1939, Ch. 93.)
  82. 17000.

    ## Public Resources Code - PRC ## DIVISION 12.5. Community Conservation Corps [17000 - 17003] ( Division 12.5 added by Stats. 2014, Ch. 35, Sec. 145. )

    Verify source ↗

    This section defines “certified community conservation corps,” “community conservation corps,” and “department.”

    ## Public Resources Code - PRC ## DIVISION 12.5. Community Conservation Corps [17000 - 17003] ( Division 12.5 added by Stats. 2014, Ch. 35, Sec. 145. ) ## 17000. For purposes of this division, the following definitions shall apply: (a) “Certified community conservation corps” means a community conservation corps that was in existence on September 30, 1999, or that is formed subsequent to that date, and that is designated by a city or a city and county to perform litter abatement, recycling, and related activities, if the city or the city and county has a population, as determined by the most recent census, of more than 250,000 persons. (b) “Community conservation corps” means a community conservation corps, as defined in Section 14507.5, that is designated by a county to perform litter abatement, recycling, and related activities, and that is certified by the California Conservation Corps as having operated for a minimum of two years and as meeting all other criteria of Section 14507.5. (c) “Department” means the Department of Resources Recycling and Recovery. (Added by Stats. 2014, Ch. 35, Sec. 145. (SB 861) Effective June 20, 2014.)
  83. 17001.

    ## Public Resources Code - PRC ## DIVISION 12.5. Community Conservation Corps [17000 - 17003] ( Division 12.5 added by Stats. 2014, Ch. 35, Sec. 145. )

    Verify source ↗

    The department must spend specified funds on grants for community conservation corps programs, including recycling, waste cleanup, and education and outreach.

    ## Public Resources Code - PRC ## DIVISION 12.5. Community Conservation Corps [17000 - 17003] ( Division 12.5 added by Stats. 2014, Ch. 35, Sec. 145. ) ## 17001. (a) For purposes of the 2014–15 fiscal year only, subject to Section 17002, the department shall expend funds from the following sources, for issuing grants to certified community conservation corps and community conservation corps, in accordance with, and for the purposes specified in, this subdivision: (1) The department shall expend the amount made available for expenditure during the 2014–15 fiscal year pursuant to Section 14581.1 in the form of grants for implementing beverage container litter reduction programs and beverage container recycling programs, including education and outreach, pursuant to Division 12.1 (commencing with Section 14501). (2) The department shall expend four million dollars ($4,000,000) from the funds in the Electronic Waste Recovery and Recycling Account, upon appropriation by the Legislature, for grants to implement programs relating to the collection and recovery of covered electronic waste, including education and outreach, in accordance with Chapter 8.5 (commencing with Section 42460) of Part 3 of Division 30. (3) The department shall expend two million five hundred thousand dollars ($2,500,000) from the funds in the California Tire Recycling Management Fund, upon appropriation by the Legislature, for grants relating to implementing programs to clean up and abate waste tires and to reuse and recycle waste tires, including, but not limited to, the tire recycling program authorized by Section 42872, and including education and outreach, in accordance with Chapter 17 (commencing with Section 42860) of Part 3 of Division 30. (4) The department shall expend one million dollars ($1,000,000) from the funds in the California Used Oil Recycling Fund, upon appropriation by the Legislature, for grants to implement programs relating to the collection of used oil, including education and outreach, in accordance with Chapter 4 (commencing with Section 48600) of Part 7 of Division 30. (b) On and after July 1, 2015, subject to Section 17002, the department shall expend funds from the following sources, for issuing grants to certified community conservation corps and community conservation corps, in accordance with, and for the purposes specified in, this subdivision: (1) The department shall expend in each fiscal year the amount made available pursuant to Section 14581.1 for grants to implement beverage container litter reduction programs and beverage container recycling programs, including education and outreach, pursuant to Division 12.1 (commencing with Section 14501). (2) The department shall expend eight million dollars ($8,000,000) each fiscal year from the funds in the Electronic Waste Recovery and Recycling Account, upon appropriation by the Legislature, for grants to implement programs relating to the collection and recovery of covered electronic waste, including education and outreach, in accordance with Chapter 8.5 (commencing with Section 42460) of Part 3 of Division 30. (3) The department shall expend five million dollars ($5,000,000) each fiscal year from the funds in the California Tire Recycling Management Fund, upon appropriation by the Legislature, for grants to implement programs relating to clean up and abate waste tires and to reuse and recycle waste tires, including, but not limited to, the tire recycling program authorized by Section 42872, and including education and outreach, in accordance with Chapter 17 (commencing with Section 42860) of Part 3 of Division 30. (4) The department shall expend two million dollars ($2,000,000) each fiscal year from the funds in the California Used Oil Recycling Fund, upon appropriation by the Legislature, for grants to implement programs relating to the collection of used oil, including education and outreach, in accordance with Chapter 4 (commencing with Section 48600) of Part 7 of Division 30. (Added by Stats. 2014, Ch. 35, Sec. 145. (SB 861) Effective June 20, 2014.)
  84. 17002.

    ## Public Resources Code - PRC ## DIVISION 12.5. Community Conservation Corps [17000 - 17003] ( Division 12.5 added by Stats. 2014, Ch. 35, Sec. 145. )

    Verify source ↗

    The department may spend money for a fiscal year under Section 17001, but not more than the amount set for that year under Section 14581.1(c).

    ## Public Resources Code - PRC ## DIVISION 12.5. Community Conservation Corps [17000 - 17003] ( Division 12.5 added by Stats. 2014, Ch. 35, Sec. 145. ) ## 17002. The amount the department may expend for a fiscal year pursuant to Section 17001 shall not exceed the amount determined for that fiscal year pursuant to subdivision (c) of Section 14581.1. (Added by Stats. 2014, Ch. 35, Sec. 145. (SB 861) Effective June 20, 2014.)
  85. 17003.

    ## Public Resources Code - PRC ## DIVISION 12.5. Community Conservation Corps [17000 - 17003] ( Division 12.5 added by Stats. 2014, Ch. 35, Sec. 145. )

    Verify source ↗

    A qualifying school district or county office of education may enroll certain applicants in a community conservation corps even if they are on probation, parole, postrelease community supervision, or mandatory supervision.

    ## Public Resources Code - PRC ## DIVISION 12.5. Community Conservation Corps [17000 - 17003] ( Division 12.5 added by Stats. 2014, Ch. 35, Sec. 145. ) ## 17003. Notwithstanding the prohibition on hiring or retaining an employee with a controlled substance offense, as defined in Section 44011 of the Education Code, contained in Part 25 (commencing with Section 44000) of Division 3 of Title 2 of the Education Code, a school district or county office of education that operates a community conservation corps certified pursuant to Section 14507.5 may select an applicant for enrollment in the community conservation corps program who is on probation, parole, postrelease community supervision, or mandatory supervision. (Amended by Stats. 2019, Ch. 571, Sec. 2. (AB 278) Effective January 1, 2020.)
  86. 18.

    ## Public Resources Code - PRC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    If part of this code is invalid, the rest of the code still applies.

    ## Public Resources Code - PRC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1939, Ch. 93. ) ## 18. If any provison of this code, or the application thereof to any person or circumstances, is held invalid the remainder of the code, and the application of its provisions to other persons or circumstances, shall not be affected thereby. (Enacted by Stats. 1939, Ch. 93.)
  87. 18000.

    ## Public Resources Code - PRC ## DIVISION 12.7. PLASTIC WASTE [18000 - 18017] ( Division 12.7 added by Stats. 1988, Ch. 838, Sec. 1. ) ## CHAPTER 1. Legislative Findings [18000- 18000.] ( Chapter 1 added by Stats. 1988, Ch. 838, Sec. 1. )

    Verify source ↗

    The Legislature says recycling plastics is in the state's best interests and states an intent to require a molded resin label on plastic products sold in California from January 1, 1992.

    ## Public Resources Code - PRC ## DIVISION 12.7. PLASTIC WASTE [18000 - 18017] ( Division 12.7 added by Stats. 1988, Ch. 838, Sec. 1. ) ## CHAPTER 1. Legislative Findings [18000- 18000.] ( Chapter 1 added by Stats. 1988, Ch. 838, Sec. 1. ) ## 18000. The Legislature finds and declares the following: (a) Facilitating the recycling of plastics is in the best interests of the state. (b) This division is intended to require all plastic products sold in California on and after January 1, 1992, to have a molded label indicating the plastic resin used to produce the product. (Added by Stats. 1988, Ch. 838, Sec. 1.)
  88. 18010.

    ## Public Resources Code - PRC ## DIVISION 12.7. PLASTIC WASTE [18000 - 18017] ( Division 12.7 added by Stats. 1988, Ch. 838, Sec. 1. ) ## CHAPTER 2. Containers and Packaging [18010 - 18017] ( Chapter 2 added by Stats. 1988, Ch. 838, Sec. 1. )

    Verify source ↗

    This section defines “rigid plastic container” and sets its size and material limits.

    ## Public Resources Code - PRC ## DIVISION 12.7. PLASTIC WASTE [18000 - 18017] ( Division 12.7 added by Stats. 1988, Ch. 838, Sec. 1. ) ## CHAPTER 2. Containers and Packaging [18010 - 18017] ( Chapter 2 added by Stats. 1988, Ch. 838, Sec. 1. ) ## 18010. “Rigid plastic container” means any formed or molded article comprised predominantly of plastic resin and having a relatively inflexible finite shape or form intended primarily as a single service container with a capacity of eight ounces or more and less than five gallons. (Added by Stats. 1988, Ch. 838, Sec. 1.)
  89. 18011.

    ## Public Resources Code - PRC ## DIVISION 12.7. PLASTIC WASTE [18000 - 18017] ( Division 12.7 added by Stats. 1988, Ch. 838, Sec. 1. ) ## CHAPTER 2. Containers and Packaging [18010 - 18017] ( Chapter 2 added by Stats. 1988, Ch. 838, Sec. 1. )

    Verify source ↗

    This section defines “rigid plastic bottle” for the chapter.

    ## Public Resources Code - PRC ## DIVISION 12.7. PLASTIC WASTE [18000 - 18017] ( Division 12.7 added by Stats. 1988, Ch. 838, Sec. 1. ) ## CHAPTER 2. Containers and Packaging [18010 - 18017] ( Chapter 2 added by Stats. 1988, Ch. 838, Sec. 1. ) ## 18011. “Rigid plastic bottle” means any rigid plastic container with a neck that is smaller than the container body with a capacity of 16 ounces or more and less than five gallons. (Added by Stats. 1988, Ch. 838, Sec. 1.)
  90. 18012.

    ## Public Resources Code - PRC ## DIVISION 12.7. PLASTIC WASTE [18000 - 18017] ( Division 12.7 added by Stats. 1988, Ch. 838, Sec. 1. ) ## CHAPTER 2. Containers and Packaging [18010 - 18017] ( Chapter 2 added by Stats. 1988, Ch. 838, Sec. 1. )

    Verify source ↗

    This section defines “Label” for this chapter.

    ## Public Resources Code - PRC ## DIVISION 12.7. PLASTIC WASTE [18000 - 18017] ( Division 12.7 added by Stats. 1988, Ch. 838, Sec. 1. ) ## CHAPTER 2. Containers and Packaging [18010 - 18017] ( Chapter 2 added by Stats. 1988, Ch. 838, Sec. 1. ) ## 18012. “Label” means a code label described in Section 18015 molded into the bottom of the plastic product. (Added by Stats. 1988, Ch. 838, Sec. 1.)
  91. 18013.

    ## Public Resources Code - PRC ## DIVISION 12.7. PLASTIC WASTE [18000 - 18017] ( Division 12.7 added by Stats. 1988, Ch. 838, Sec. 1. ) ## CHAPTER 2. Containers and Packaging [18010 - 18017] ( Chapter 2 added by Stats. 1988, Ch. 838, Sec. 1. )

    Verify source ↗

    This section defines “polyethylene terephthalate” and says the section becomes operative on October 1, 2018.

    ## Public Resources Code - PRC ## DIVISION 12.7. PLASTIC WASTE [18000 - 18017] ( Division 12.7 added by Stats. 1988, Ch. 838, Sec. 1. ) ## CHAPTER 2. Containers and Packaging [18010 - 18017] ( Chapter 2 added by Stats. 1988, Ch. 838, Sec. 1. ) ## 18013. “Polyethylene terephthalate” means a plastic derived from a reaction between terephthalic acid or dimethyl terephthalate and monoethylene glycol as to which both of the following conditions are satisfied: (a) The terephthalic acid or dimethyl terephthalate and monoethylene glycol reacted constitutes at least 90 percent of the mass of the monomer reacted to form the polymer. (b) The plastic exhibits a melting peak temperature that is between 225 degrees Celsius and 255 degrees Celsius, as determined during the second thermal scan using procedure 10.1 as set forth in ASTM International (ASTM) D3418 with a heating rate of a sample at 10 degrees Celsius per minute. (c) This section becomes operative on October 1, 2018. (Added by Stats. 2017, Ch. 823, Sec. 1. (AB 906) Effective January 1, 2018. Section operative October 1, 2018, by its own provisions.)
  92. 18015.

    ## Public Resources Code - PRC ## DIVISION 12.7. PLASTIC WASTE [18000 - 18017] ( Division 12.7 added by Stats. 1988, Ch. 838, Sec. 1. ) ## CHAPTER 2. Containers and Packaging [18010 - 18017] ( Chapter 2 added by Stats. 1988, Ch. 838, Sec. 1. )

    Verify source ↗

    Rigid plastic bottles and containers sold in the state must carry a resin identification label, with specific code format and a limited exception for chasing arrows use.

    ## Public Resources Code - PRC ## DIVISION 12.7. PLASTIC WASTE [18000 - 18017] ( Division 12.7 added by Stats. 1988, Ch. 838, Sec. 1. ) ## CHAPTER 2. Containers and Packaging [18010 - 18017] ( Chapter 2 added by Stats. 1988, Ch. 838, Sec. 1. ) ## 18015. (a) All rigid plastic bottles and rigid plastic containers sold in the state shall be labeled with a code that indicates the resin used to produce the rigid plastic bottle or rigid plastic container. Rigid plastic bottles or rigid plastic containers with labels and basecups of a different material shall be coded by their basic material. The code shall consist of a number placed inside a triangle, and letters placed below the triangle. The numbers and letters used shall be as follows: 1 = PETE (polyethylene terephthalate) 2 = HDPE (high density polyethylene) 3 = V (vinyl) 4 = LDPE (low density polyethylene) 5 = PP (polypropylene) 6 = PS (polystyrene) 7 = OTHER (includes multilayer) (b) A “7” shall appear below the resin abbreviation when the bottle or container is composed of more than one layer of that resin. (c) The Division of Recycling in the Department of Resources Recycling and Recovery shall maintain a list of abbreviations used on labels pursuant to subdivision (a) and shall provide a copy of that list to a person upon request. (d) The resin identification code required pursuant to subdivision (a) shall not be placed inside a chasing arrows symbol, as defined in subdivision (f) of Section 17580 of the Business and Professions Code, unless the rigid plastic bottle or rigid plastic container meets the statewide recyclability criteria provided in subdivision (d) of Section 42355.51. (Amended by Stats. 2021, Ch. 507, Sec. 3. (SB 343) Effective January 1, 2022.)
  93. 18016.

    ## Public Resources Code - PRC ## DIVISION 12.7. PLASTIC WASTE [18000 - 18017] ( Division 12.7 added by Stats. 1988, Ch. 838, Sec. 1. ) ## CHAPTER 2. Containers and Packaging [18010 - 18017] ( Chapter 2 added by Stats. 1988, Ch. 838, Sec. 1. )

    Verify source ↗

    From January 1, 1992, it is unlawful to manufacture in this state any rigid plastic container that is not labeled under Section 18015.

    ## Public Resources Code - PRC ## DIVISION 12.7. PLASTIC WASTE [18000 - 18017] ( Division 12.7 added by Stats. 1988, Ch. 838, Sec. 1. ) ## CHAPTER 2. Containers and Packaging [18010 - 18017] ( Chapter 2 added by Stats. 1988, Ch. 838, Sec. 1. ) ## 18016. On and after January 1, 1992, it is unlawful to manufacture for use in this state any rigid plastic container which is not labeled in accordance with Section 18015. A violation of this section is a crime punishable by a fine of one thousand dollars ($1,000). (Added by Stats. 1988, Ch. 838, Sec. 1.)
  94. 18017.

    ## Public Resources Code - PRC ## DIVISION 12.7. PLASTIC WASTE [18000 - 18017] ( Division 12.7 added by Stats. 1988, Ch. 838, Sec. 1. ) ## CHAPTER 2. Containers and Packaging [18010 - 18017] ( Chapter 2 added by Stats. 1988, Ch. 838, Sec. 1. )

    Verify source ↗

    This division does not apply to certain rigid plastic containers, rigid plastic bottles, and packaging used for specified medical and prescription products.

    ## Public Resources Code - PRC ## DIVISION 12.7. PLASTIC WASTE [18000 - 18017] ( Division 12.7 added by Stats. 1988, Ch. 838, Sec. 1. ) ## CHAPTER 2. Containers and Packaging [18010 - 18017] ( Chapter 2 added by Stats. 1988, Ch. 838, Sec. 1. ) ## 18017. This division does not apply to rigid plastic containers or rigid plastic bottles that are medical devices, medical products that are required to be sterile, prescription medicine, and packaging used for those products. (Added by Stats. 2020, Ch. 115, Sec. 4. (AB 793) Effective January 1, 2021.)
  95. 19500.

    ## Public Resources Code - PRC ## DIVISION 12.9. FIBERGLASS RECYCLED CONTENT ACT OF 1991 [19500 - 19535] ( DIVISION 12.9 added by Stats. 1991, Ch. 706, Sec. 1. ) ## CHAPTER 1. Findings and Definitions [19500 - 19502] ( Chapter 1 added by Stats. 1991, Ch. 706, Sec. 1. )

    Verify source ↗

    The Legislature states findings about the benefits of recycling glass and the need to develop markets for scrap glass and recycled glass products.

    ## Public Resources Code - PRC ## DIVISION 12.9. FIBERGLASS RECYCLED CONTENT ACT OF 1991 [19500 - 19535] ( DIVISION 12.9 added by Stats. 1991, Ch. 706, Sec. 1. ) ## CHAPTER 1. Findings and Definitions [19500 - 19502] ( Chapter 1 added by Stats. 1991, Ch. 706, Sec. 1. ) ## 19500. The Legislature finds and declares all of the following: (a) Recycling of glass sold in the state benefits the state through reduction in the need for solid waste landfills, more efficient use of energy in manufacturing, and development of an economy more efficient in its use of secondary materials. (b) Because of the expansion of recycling collection programs in the state, there is a need to aggressively develop new markets for scrap glass. (c) The use of scrap glass in the manufacture of fiberglass products sold in California will contribute significantly to developing markets for recycled glass. (d) The use of cullet in fiberglass manufacturing presents no significant technical or financial barriers to industry or consumers, if the cullet meets minimum quality specifications. (e) In order to enhance the availability and efficiency of recycling opportunities, it is in the best interest of the health and safety of the people of the state to make alternative markets for recycled glass economically feasible. (Added by Stats. 1991, Ch. 706, Sec. 1.)
  96. 19501.

    ## Public Resources Code - PRC ## DIVISION 12.9. FIBERGLASS RECYCLED CONTENT ACT OF 1991 [19500 - 19535] ( DIVISION 12.9 added by Stats. 1991, Ch. 706, Sec. 1. ) ## CHAPTER 1. Findings and Definitions [19500 - 19502] ( Chapter 1 added by Stats. 1991, Ch. 706, Sec. 1. )

    Verify source ↗

    This division is known as the Fiberglass Recycled Content Act of 1991 and may be cited by that name.

    ## Public Resources Code - PRC ## DIVISION 12.9. FIBERGLASS RECYCLED CONTENT ACT OF 1991 [19500 - 19535] ( DIVISION 12.9 added by Stats. 1991, Ch. 706, Sec. 1. ) ## CHAPTER 1. Findings and Definitions [19500 - 19502] ( Chapter 1 added by Stats. 1991, Ch. 706, Sec. 1. ) ## 19501. This division shall be known and may be cited as the Fiberglass Recycled Content Act of 1991. (Added by Stats. 1991, Ch. 706, Sec. 1.)
  97. 19502.

    ## Public Resources Code - PRC ## DIVISION 12.9. FIBERGLASS RECYCLED CONTENT ACT OF 1991 [19500 - 19535] ( DIVISION 12.9 added by Stats. 1991, Ch. 706, Sec. 1. ) ## CHAPTER 1. Findings and Definitions [19500 - 19502] ( Chapter 1 added by Stats. 1991, Ch. 706, Sec. 1. )

    Verify source ↗

    This section defines key terms used in the division: cullet, department, fiberglass manufacturer, and building insulation.

    ## Public Resources Code - PRC ## DIVISION 12.9. FIBERGLASS RECYCLED CONTENT ACT OF 1991 [19500 - 19535] ( DIVISION 12.9 added by Stats. 1991, Ch. 706, Sec. 1. ) ## CHAPTER 1. Findings and Definitions [19500 - 19502] ( Chapter 1 added by Stats. 1991, Ch. 706, Sec. 1. ) ## 19502. For purposes of this division, the following definitions shall apply: (a) “Cullet” means postconsumer glass from food, drink, or beverage containers, or any other glass not generated by fiberglass manufacturing. (b) “Department” means the Department of Conservation. (c) “Fiberglass manufacturer” means a person who uses glass in the commercial manufacture of building insulation fiberglass for wholesale or retail sale in the state. (d) “Building insulation” means a fiberglass batt, blanket, loose fill or spray-in-place material primarily designed and used to resist heat flow, that is installed in roofs, ceilings, walls, and floors of buildings. (Added by Stats. 1991, Ch. 706, Sec. 1.)
  98. 19510.

    ## Public Resources Code - PRC ## DIVISION 12.9. FIBERGLASS RECYCLED CONTENT ACT OF 1991 [19500 - 19535] ( DIVISION 12.9 added by Stats. 1991, Ch. 706, Sec. 1. ) ## CHAPTER 2. Fiberglass Recycled Content Program [19510 - 19512] ( Chapter 2 added by Stats. 1991, Ch. 706, Sec. 1. )

    Verify source ↗

    Manufacturers must ensure fiberglass sold or made in the state contains at least 10% cullet, except as provided in Section 19511.

    ## Public Resources Code - PRC ## DIVISION 12.9. FIBERGLASS RECYCLED CONTENT ACT OF 1991 [19500 - 19535] ( DIVISION 12.9 added by Stats. 1991, Ch. 706, Sec. 1. ) ## CHAPTER 2. Fiberglass Recycled Content Program [19510 - 19512] ( Chapter 2 added by Stats. 1991, Ch. 706, Sec. 1. ) ## 19510. Except as provided in Section 19511, every manufacturer shall ensure that the annual tonnage of fiberglass manufactured or sold in the state by that manufacturer on and after January 1, 1992, other than fiberglass in inventory manufactured for sale before January 1, 1992, shall contain at least 10 percent cullet . (Added by Stats. 1991, Ch. 706, Sec. 1.)
  99. 19511.

    ## Public Resources Code - PRC ## DIVISION 12.9. FIBERGLASS RECYCLED CONTENT ACT OF 1991 [19500 - 19535] ( DIVISION 12.9 added by Stats. 1991, Ch. 706, Sec. 1. ) ## CHAPTER 2. Fiberglass Recycled Content Program [19510 - 19512] ( Chapter 2 added by Stats. 1991, Ch. 706, Sec. 1. )

    Verify source ↗

    Fiberglass manufacturers must increase the cullet content in fiberglass, with 20% required in 1994 and 30% required from 1995 onward, unless the department finds the increase would create an unreasonable technical burden.

    ## Public Resources Code - PRC ## DIVISION 12.9. FIBERGLASS RECYCLED CONTENT ACT OF 1991 [19500 - 19535] ( DIVISION 12.9 added by Stats. 1991, Ch. 706, Sec. 1. ) ## CHAPTER 2. Fiberglass Recycled Content Program [19510 - 19512] ( Chapter 2 added by Stats. 1991, Ch. 706, Sec. 1. ) ## 19511. The percentage of fiberglass sold which is made of cullet shall be calculated in tons used on an annual basis. Unless the department determines that an increase in the percentage of cullet would pose an unreasonable technical burden on the fiberglass manufacturer that exceeds the benefits to recycling the cullet, each fiberglass manufacturer shall increase the percentage of cullet in fiberglass in accordance with the following requirements: (a) On and after January 1, 1994, until December 31, 1994, the percentage of cullet shall be 20 percent. (b) On and after January 1, 1995, the percentage of cullet shall be 30 percent. (Added by Stats. 1991, Ch. 706, Sec. 1.)
  100. 19512.

    ## Public Resources Code - PRC ## DIVISION 12.9. FIBERGLASS RECYCLED CONTENT ACT OF 1991 [19500 - 19535] ( DIVISION 12.9 added by Stats. 1991, Ch. 706, Sec. 1. ) ## CHAPTER 2. Fiberglass Recycled Content Program [19510 - 19512] ( Chapter 2 added by Stats. 1991, Ch. 706, Sec. 1. )

    Verify source ↗

    The department must request comments by January 1, 1994 and hold a public hearing by July 1, 1994 about whether increasing cullet in fiberglass to 30 percent is feasible.

    ## Public Resources Code - PRC ## DIVISION 12.9. FIBERGLASS RECYCLED CONTENT ACT OF 1991 [19500 - 19535] ( DIVISION 12.9 added by Stats. 1991, Ch. 706, Sec. 1. ) ## CHAPTER 2. Fiberglass Recycled Content Program [19510 - 19512] ( Chapter 2 added by Stats. 1991, Ch. 706, Sec. 1. ) ## 19512. On or before January 1, 1994, the department shall request comments from at least two fiberglass manufacturers, two cullet processors, and any other interested parties on the feasibility of increasing the percentage of cullet in fiberglass to 30 percent. On or before July 1, 1994, the department shall hold a public hearing, on the record, with representatives from the fiberglass industry, cullet processors, and other interested parties to determine the feasibility of increasing cullet content in fiberglass manufacturing. (Added by Stats. 1991, Ch. 706, Sec. 1.)
  101. 19515.

    ## Public Resources Code - PRC ## DIVISION 12.9. FIBERGLASS RECYCLED CONTENT ACT OF 1991 [19500 - 19535] ( DIVISION 12.9 added by Stats. 1991, Ch. 706, Sec. 1. ) ## CHAPTER 3. Cullet Specifications for Fiberglass Manufacturing [19515 - 19519] ( Chapter 3 added by Stats. 1991, Ch. 706, Sec. 1. )

    Verify source ↗

    This chapter sets the minimum quality specifications that cullet must meet to qualify for the exemption in Section 19522.

    ## Public Resources Code - PRC ## DIVISION 12.9. FIBERGLASS RECYCLED CONTENT ACT OF 1991 [19500 - 19535] ( DIVISION 12.9 added by Stats. 1991, Ch. 706, Sec. 1. ) ## CHAPTER 3. Cullet Specifications for Fiberglass Manufacturing [19515 - 19519] ( Chapter 3 added by Stats. 1991, Ch. 706, Sec. 1. ) ## 19515. The quality specifications provided in this chapter are the minimum quality specifications which cullet is required to meet for purposes of the exemption specified in Section 19522. (Added by Stats. 1991, Ch. 706, Sec. 1.)
  102. 19515.5.

    ## Public Resources Code - PRC ## DIVISION 12.9. FIBERGLASS RECYCLED CONTENT ACT OF 1991 [19500 - 19535] ( DIVISION 12.9 added by Stats. 1991, Ch. 706, Sec. 1. ) ## CHAPTER 3. Cullet Specifications for Fiberglass Manufacturing [19515 - 19519] ( Chapter 3 added by Stats. 1991, Ch. 706, Sec. 1. )

    Verify source ↗

    This section sets chemical composition tolerances for fiberglass cullet used in fiberglass manufacturing.

    ## Public Resources Code - PRC ## DIVISION 12.9. FIBERGLASS RECYCLED CONTENT ACT OF 1991 [19500 - 19535] ( DIVISION 12.9 added by Stats. 1991, Ch. 706, Sec. 1. ) ## CHAPTER 3. Cullet Specifications for Fiberglass Manufacturing [19515 - 19519] ( Chapter 3 added by Stats. 1991, Ch. 706, Sec. 1. ) ## 19515.5. Chemical Composition Tolerance (+ or - Oxides Percentage Weight Percentage Range) Silicon Dioxide 66-75 1.00 Aluminum Oxide 0-7 0.50 Calcium Oxide 5-15 0.50 Magnesium Oxide 0-5 0.50 Sodium Oxide 8-18 0.50 Potassium Oxide 0-4 0.50 Iron Oxide less than 0.5 0.05 Chromium Oxide less than 0.1 0.02 Sulfur Trioxide less than 0.2 0.02 All other oxides less than 0.1 0.02 Organic Carbon less than 0.1 0.02 Moisture Content less than 0.5 0.05 (No caking with free-flowing fiberglass) Loss on Ignition less than 1.0 0.10 (Added by Stats. 1991, Ch. 706, Sec. 1.)
  103. 19516.

    ## Public Resources Code - PRC ## DIVISION 12.9. FIBERGLASS RECYCLED CONTENT ACT OF 1991 [19500 - 19535] ( DIVISION 12.9 added by Stats. 1991, Ch. 706, Sec. 1. ) ## CHAPTER 3. Cullet Specifications for Fiberglass Manufacturing [19515 - 19519] ( Chapter 3 added by Stats. 1991, Ch. 706, Sec. 1. )

    Verify source ↗

    This section sets contaminant limits for cullet used in fiberglass manufacturing.

    ## Public Resources Code - PRC ## DIVISION 12.9. FIBERGLASS RECYCLED CONTENT ACT OF 1991 [19500 - 19535] ( DIVISION 12.9 added by Stats. 1991, Ch. 706, Sec. 1. ) ## CHAPTER 3. Cullet Specifications for Fiberglass Manufacturing [19515 - 19519] ( Chapter 3 added by Stats. 1991, Ch. 706, Sec. 1. ) ## 19516. Contaminants Other Inorganic Material Percentage Weight + 12 Mesh None + 20 Mesh less than 0.1 − 20 Mesh less than 0.2 Magnetic Materials less than 0.1 Nonmagnetic Metals None (Added by Stats. 1991, Ch. 706, Sec. 1.)
  104. 19517.

    ## Public Resources Code - PRC ## DIVISION 12.9. FIBERGLASS RECYCLED CONTENT ACT OF 1991 [19500 - 19535] ( DIVISION 12.9 added by Stats. 1991, Ch. 706, Sec. 1. ) ## CHAPTER 3. Cullet Specifications for Fiberglass Manufacturing [19515 - 19519] ( Chapter 3 added by Stats. 1991, Ch. 706, Sec. 1. )

    Verify source ↗

    This section sets cullet physical composition standards for fiberglass manufacturing, including screen-size limits and color tolerance ranges.

    ## Public Resources Code - PRC ## DIVISION 12.9. FIBERGLASS RECYCLED CONTENT ACT OF 1991 [19500 - 19535] ( DIVISION 12.9 added by Stats. 1991, Ch. 706, Sec. 1. ) ## CHAPTER 3. Cullet Specifications for Fiberglass Manufacturing [19515 - 19519] ( Chapter 3 added by Stats. 1991, Ch. 706, Sec. 1. ) ## 19517. Physical Composition Particle Size: Cullet shall be one of two types below depending upon the requirements of the fiberglass manufacturer. Screen Size Coarse Cullet Fine Cullet + ¼″ 0% 0% + 12 Mesh 25% Minimum 0.5% Maximum – 200 Mesh 15% Maximum 15.0% Maximum Color Distribution Tolerance (+ or – Type Nominal Percentage Weight Percentage Range) Flint 0–100 + or – 3.0 Green 1–100 + or – 3.0 Amber less than 25 + or – 3.0 (Added by Stats. 1991, Ch. 706, Sec. 1.)
  105. 19518.

    ## Public Resources Code - PRC ## DIVISION 12.9. FIBERGLASS RECYCLED CONTENT ACT OF 1991 [19500 - 19535] ( DIVISION 12.9 added by Stats. 1991, Ch. 706, Sec. 1. ) ## CHAPTER 3. Cullet Specifications for Fiberglass Manufacturing [19515 - 19519] ( Chapter 3 added by Stats. 1991, Ch. 706, Sec. 1. )

    Verify source ↗

    The department may change the minimum quality specifications for cullet if fiberglass industries can use cullet with higher contamination levels.

    ## Public Resources Code - PRC ## DIVISION 12.9. FIBERGLASS RECYCLED CONTENT ACT OF 1991 [19500 - 19535] ( DIVISION 12.9 added by Stats. 1991, Ch. 706, Sec. 1. ) ## CHAPTER 3. Cullet Specifications for Fiberglass Manufacturing [19515 - 19519] ( Chapter 3 added by Stats. 1991, Ch. 706, Sec. 1. ) ## 19518. The department may change minimum quality specifications based upon the fiberglass industries’ ability to use cullet with higher levels of contamination. (Added by Stats. 1991, Ch. 706, Sec. 1.)
  106. 19519.

    ## Public Resources Code - PRC ## DIVISION 12.9. FIBERGLASS RECYCLED CONTENT ACT OF 1991 [19500 - 19535] ( DIVISION 12.9 added by Stats. 1991, Ch. 706, Sec. 1. ) ## CHAPTER 3. Cullet Specifications for Fiberglass Manufacturing [19515 - 19519] ( Chapter 3 added by Stats. 1991, Ch. 706, Sec. 1. )

    Verify source ↗

    A fiberglass manufacturer must comply with all applicable state and federal environmental, health, and safety laws, regulations, and permits when using cullet in fiberglass manufacturing.

    ## Public Resources Code - PRC ## DIVISION 12.9. FIBERGLASS RECYCLED CONTENT ACT OF 1991 [19500 - 19535] ( DIVISION 12.9 added by Stats. 1991, Ch. 706, Sec. 1. ) ## CHAPTER 3. Cullet Specifications for Fiberglass Manufacturing [19515 - 19519] ( Chapter 3 added by Stats. 1991, Ch. 706, Sec. 1. ) ## 19519. A fiberglass manufacturer shall comply with all applicable state and federal laws, regulations, and permits concerning the environment, health, or safety when using cullet in fiberglass manufacturing. (Added by Stats. 1991, Ch. 706, Sec. 1.)
  107. 19520.

    ## Public Resources Code - PRC ## DIVISION 12.9. FIBERGLASS RECYCLED CONTENT ACT OF 1991 [19500 - 19535] ( DIVISION 12.9 added by Stats. 1991, Ch. 706, Sec. 1. ) ## CHAPTER 4. Certification of Use [19520 - 19523] ( Chapter 4 added by Stats. 1991, Ch. 706, Sec. 1. )

    Verify source ↗

    Each fiberglass manufacturer must file an annual report to the department by March 1 certifying cullet used and fiberglass sold in the state during the prior calendar year.

    ## Public Resources Code - PRC ## DIVISION 12.9. FIBERGLASS RECYCLED CONTENT ACT OF 1991 [19500 - 19535] ( DIVISION 12.9 added by Stats. 1991, Ch. 706, Sec. 1. ) ## CHAPTER 4. Certification of Use [19520 - 19523] ( Chapter 4 added by Stats. 1991, Ch. 706, Sec. 1. ) ## 19520. Each fiberglass manufacturer shall, on or before March 1 of each year, submit a report to the department certifying the number of tons of cullet used for the manufacture of fiberglass during the preceding calendar year and the number of tons of fiberglass sold in the state during the preceding calendar year. (Added by Stats. 1991, Ch. 706, Sec. 1.)
  108. 19521.

    ## Public Resources Code - PRC ## DIVISION 12.9. FIBERGLASS RECYCLED CONTENT ACT OF 1991 [19500 - 19535] ( DIVISION 12.9 added by Stats. 1991, Ch. 706, Sec. 1. ) ## CHAPTER 4. Certification of Use [19520 - 19523] ( Chapter 4 added by Stats. 1991, Ch. 706, Sec. 1. )

    Verify source ↗

    Fiberglass manufacturers that submit glass cullet content usage certifications may be audited by the department.

    ## Public Resources Code - PRC ## DIVISION 12.9. FIBERGLASS RECYCLED CONTENT ACT OF 1991 [19500 - 19535] ( DIVISION 12.9 added by Stats. 1991, Ch. 706, Sec. 1. ) ## CHAPTER 4. Certification of Use [19520 - 19523] ( Chapter 4 added by Stats. 1991, Ch. 706, Sec. 1. ) ## 19521. Every fiberglass manufacturer who submits glass cullet content usage certification pursuant to Section 19520 may be subject to an audit by the department to ensure that the cullet was used. (Added by Stats. 1991, Ch. 706, Sec. 1.)
  109. 19522.

    ## Public Resources Code - PRC ## DIVISION 12.9. FIBERGLASS RECYCLED CONTENT ACT OF 1991 [19500 - 19535] ( DIVISION 12.9 added by Stats. 1991, Ch. 706, Sec. 1. ) ## CHAPTER 4. Certification of Use [19520 - 19523] ( Chapter 4 added by Stats. 1991, Ch. 706, Sec. 1. )

    Verify source ↗

    A fiberglass manufacturer who cannot get enough cullet during a certification period must certify that fact to the department and explain why, including evidence of a good-faith effort and that the cullet did not meet minimum quality standards.

    ## Public Resources Code - PRC ## DIVISION 12.9. FIBERGLASS RECYCLED CONTENT ACT OF 1991 [19500 - 19535] ( DIVISION 12.9 added by Stats. 1991, Ch. 706, Sec. 1. ) ## CHAPTER 4. Certification of Use [19520 - 19523] ( Chapter 4 added by Stats. 1991, Ch. 706, Sec. 1. ) ## 19522. If a manufacturer of fiberglass is unable to obtain sufficient amounts of cullet within any certification period, the manufacturer shall certify this fact to the department and provide the department with the specific reason for failing to use cullet, including verification of a best faith effort to use the cullet, and evidence that the cullet failed to meet minimum quality specifications pursuant to Chapter 3 (commencing with Section 19515) and, therefore, presented a significant barrier to meeting the requirements of Chapter 2 (commencing with Section 19510). (Added by Stats. 1991, Ch. 706, Sec. 1.)
  110. 19523.

    ## Public Resources Code - PRC ## DIVISION 12.9. FIBERGLASS RECYCLED CONTENT ACT OF 1991 [19500 - 19535] ( DIVISION 12.9 added by Stats. 1991, Ch. 706, Sec. 1. ) ## CHAPTER 4. Certification of Use [19520 - 19523] ( Chapter 4 added by Stats. 1991, Ch. 706, Sec. 1. )

    Verify source ↗

    The department must keep a list of all fiberglass manufacturers and provide fiberglass manufacturers with the names and addresses of certified recyclers and cullet processors.

    ## Public Resources Code - PRC ## DIVISION 12.9. FIBERGLASS RECYCLED CONTENT ACT OF 1991 [19500 - 19535] ( DIVISION 12.9 added by Stats. 1991, Ch. 706, Sec. 1. ) ## CHAPTER 4. Certification of Use [19520 - 19523] ( Chapter 4 added by Stats. 1991, Ch. 706, Sec. 1. ) ## 19523. For the purposes of implementing and enforcing these provisions, the department shall develop and maintain a list which identifies all fiberglass manufacturers. The department shall also make available to fiberglass manufacturers names and addresses of all recyclers and processors of cullet certified pursuant to Division 12.1 (commencing with Section 14500). (Added by Stats. 1991, Ch. 706, Sec. 1.)
  111. 19530.

    ## Public Resources Code - PRC ## DIVISION 12.9. FIBERGLASS RECYCLED CONTENT ACT OF 1991 [19500 - 19535] ( DIVISION 12.9 added by Stats. 1991, Ch. 706, Sec. 1. ) ## CHAPTER 5. Enforcement [19530 - 19535] ( Chapter 5 added by Stats. 1991, Ch. 706, Sec. 1. )

    Verify source ↗

    If the department determines someone gave a fiberglass manufacturer false or misleading information about recycled glass cullet content, it must refer the false or misleading certificate to the Attorney General within 30 days for fraud prosecution.

    ## Public Resources Code - PRC ## DIVISION 12.9. FIBERGLASS RECYCLED CONTENT ACT OF 1991 [19500 - 19535] ( DIVISION 12.9 added by Stats. 1991, Ch. 706, Sec. 1. ) ## CHAPTER 5. Enforcement [19530 - 19535] ( Chapter 5 added by Stats. 1991, Ch. 706, Sec. 1. ) ## 19530. If any person provides a fiberglass manufacturer with false or misleading information concerning the recycled content of glass cullet, the department, within 30 days of making this determination, shall refer the false or misleading certificate to the Attorney General for prosecution for fraud. (Added by Stats. 1991, Ch. 706, Sec. 1.)
  112. 19531.

    ## Public Resources Code - PRC ## DIVISION 12.9. FIBERGLASS RECYCLED CONTENT ACT OF 1991 [19500 - 19535] ( DIVISION 12.9 added by Stats. 1991, Ch. 706, Sec. 1. ) ## CHAPTER 5. Enforcement [19530 - 19535] ( Chapter 5 added by Stats. 1991, Ch. 706, Sec. 1. )

    Verify source ↗

    If a fiberglass manufacturer gives the department a false or misleading certificate about the percentage of glass cullet used, the department must refer it to the Attorney General within 30 days after making that determination.

    ## Public Resources Code - PRC ## DIVISION 12.9. FIBERGLASS RECYCLED CONTENT ACT OF 1991 [19500 - 19535] ( DIVISION 12.9 added by Stats. 1991, Ch. 706, Sec. 1. ) ## CHAPTER 5. Enforcement [19530 - 19535] ( Chapter 5 added by Stats. 1991, Ch. 706, Sec. 1. ) ## 19531. If any fiberglass manufacturer provides the department with a false or misleading certificate concerning the percentage of glass cullet used pursuant to this division pursuant to Section 19520, the department, within 30 days of making this determination, shall refer the false or misleading certificate to the Attorney General for prosecution for fraud. (Added by Stats. 1991, Ch. 706, Sec. 1.)
  113. 19532.

    ## Public Resources Code - PRC ## DIVISION 12.9. FIBERGLASS RECYCLED CONTENT ACT OF 1991 [19500 - 19535] ( DIVISION 12.9 added by Stats. 1991, Ch. 706, Sec. 1. ) ## CHAPTER 5. Enforcement [19530 - 19535] ( Chapter 5 added by Stats. 1991, Ch. 706, Sec. 1. )

    Verify source ↗

    If a fiberglass manufacturer gives the department a false or misleading certificate about technical infeasibility, the department must refer it to the Attorney General for fraud prosecution within 30 days of making that determination.

    ## Public Resources Code - PRC ## DIVISION 12.9. FIBERGLASS RECYCLED CONTENT ACT OF 1991 [19500 - 19535] ( DIVISION 12.9 added by Stats. 1991, Ch. 706, Sec. 1. ) ## CHAPTER 5. Enforcement [19530 - 19535] ( Chapter 5 added by Stats. 1991, Ch. 706, Sec. 1. ) ## 19532. If any fiberglass manufacturer provides the department with a false or misleading certificate concerning why the fiberglass manufacturer was unable to meet the content requirements due to technical infeasibility pursuant to Section 19522, the department, within 30 days of making this determination, shall refer the false or misleading certificate to the Attorney General for prosecution for fraud. (Added by Stats. 1991, Ch. 706, Sec. 1.)
  114. 19533.

    ## Public Resources Code - PRC ## DIVISION 12.9. FIBERGLASS RECYCLED CONTENT ACT OF 1991 [19500 - 19535] ( DIVISION 12.9 added by Stats. 1991, Ch. 706, Sec. 1. ) ## CHAPTER 5. Enforcement [19530 - 19535] ( Chapter 5 added by Stats. 1991, Ch. 706, Sec. 1. )

    Verify source ↗

    The department must not make audit-obtained glass cullet price information available to the general public.

    ## Public Resources Code - PRC ## DIVISION 12.9. FIBERGLASS RECYCLED CONTENT ACT OF 1991 [19500 - 19535] ( DIVISION 12.9 added by Stats. 1991, Ch. 706, Sec. 1. ) ## CHAPTER 5. Enforcement [19530 - 19535] ( Chapter 5 added by Stats. 1991, Ch. 706, Sec. 1. ) ## 19533. Information on glass cullet prices or other prices obtained by the department in the course of an audit is proprietary information and the department shall not make this information available to the general public. (Added by Stats. 1991, Ch. 706, Sec. 1.)
  115. 19534.

    ## Public Resources Code - PRC ## DIVISION 12.9. FIBERGLASS RECYCLED CONTENT ACT OF 1991 [19500 - 19535] ( DIVISION 12.9 added by Stats. 1991, Ch. 706, Sec. 1. ) ## CHAPTER 5. Enforcement [19530 - 19535] ( Chapter 5 added by Stats. 1991, Ch. 706, Sec. 1. )

    Verify source ↗

    A person may sell or use fiberglass made of 100% virgin content if the manufacturer meets Chapter 2 content requirements.

    ## Public Resources Code - PRC ## DIVISION 12.9. FIBERGLASS RECYCLED CONTENT ACT OF 1991 [19500 - 19535] ( DIVISION 12.9 added by Stats. 1991, Ch. 706, Sec. 1. ) ## CHAPTER 5. Enforcement [19530 - 19535] ( Chapter 5 added by Stats. 1991, Ch. 706, Sec. 1. ) ## 19534. This division does not prevent a person from selling or using fiberglass made of 100 percent virgin content, as long as the fiberglass manufacturer meets the content requirements of Chapter 2 (commencing with Section 19510). (Added by Stats. 1991, Ch. 706, Sec. 1.)
  116. 19535.

    ## Public Resources Code - PRC ## DIVISION 12.9. FIBERGLASS RECYCLED CONTENT ACT OF 1991 [19500 - 19535] ( DIVISION 12.9 added by Stats. 1991, Ch. 706, Sec. 1. ) ## CHAPTER 5. Enforcement [19530 - 19535] ( Chapter 5 added by Stats. 1991, Ch. 706, Sec. 1. )

    Verify source ↗

    Violating Chapter 2 or this section is an infraction punishable by a fine up to $1,000, and the department may also impose a civil penalty up to $1,000 per violation.

    ## Public Resources Code - PRC ## DIVISION 12.9. FIBERGLASS RECYCLED CONTENT ACT OF 1991 [19500 - 19535] ( DIVISION 12.9 added by Stats. 1991, Ch. 706, Sec. 1. ) ## CHAPTER 5. Enforcement [19530 - 19535] ( Chapter 5 added by Stats. 1991, Ch. 706, Sec. 1. ) ## 19535. (a) Any person who violates Chapter 2 (commencing with Section 19510) or this section is guilty of an infraction punishable by a fine of not more than one thousand dollars ($1,000). (b) In addition to subdivision (a), any person who violates this division may be assessed a civil penalty by the department of not more than one thousand dollars ($1,000) for each violation, pursuant to a notice and a hearing conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. Any civil penalties and fines received pursuant to this section shall be deposited in the Fiberglass Recycled Content Account, which is hereby established in the California Beverage Container Recycling Fund, and the funds in that account may be expended by the department for the administration of this division upon appropriation by the Legislature. (Added by Stats. 1991, Ch. 706, Sec. 1.)
  117. 2.

    ## Public Resources Code - PRC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    The code’s provisions are to be read as restatements and continuations of existing provisions on the same subject matter, not as new enactments, when they are substantially the same.

    ## Public Resources Code - PRC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1939, Ch. 93. ) ## 2. The provisions of this code, in so far as they are substantially the same as existing provisions relating to the same subject matter, shall be construed as restatements and continuations thereof and not as new enactments. (Enacted by Stats. 1939, Ch. 93.)
  118. 2001.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 1. Definitions [2001 - 2009] ( Chapter 1 enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    This section says the definitions in this chapter control how Division II is interpreted, unless the context requires otherwise.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 1. Definitions [2001 - 2009] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## 2001. Unless the context otherwise requires, the definitions hereinafter set forth shall govern the construction of Division II of this code. (Enacted by Stats. 1939, Ch. 93.)
  119. 2002.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 1. Definitions [2001 - 2009] ( Chapter 1 enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    In this section, “Department” means the Department of Conservation when referring to the government of this state.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 1. Definitions [2001 - 2009] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## 2002. “Department,” in reference to the government of this state, means the Department of Conservation. (Amended by Stats. 1965, Ch. 1144.)
  120. 2002.5.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 1. Definitions [2001 - 2009] ( Chapter 1 enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    This section defines “Director” as the Director of Conservation.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 1. Definitions [2001 - 2009] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## 2002.5. “Director” means the Director of Conservation. (Added by Stats. 1992, Ch. 1019, Sec. 1. Effective January 1, 1993.)
  121. 2003.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 1. Definitions [2001 - 2009] ( Chapter 1 enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    “Survey” means the California Geological Survey in the Department of Conservation when the term is used in reference to the government of this state.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 1. Definitions [2001 - 2009] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## 2003. “Survey,” in reference to the government of this state, means the California Geological Survey in the Department of Conservation. (Amended by Stats. 2017, Ch. 521, Sec. 12. (SB 809) Effective January 1, 2018.)
  122. 2004.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 1. Definitions [2001 - 2009] ( Chapter 1 enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    “Person” is defined to include individuals, businesses, organizations, local governments, the state, and state departments or agencies.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 1. Definitions [2001 - 2009] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## 2004. “Person” includes any individual, firm, association, corporation, organization, limited liability company, or partnership, or any city, county, district, or the state or any department or agency thereof. (Amended by Stats. 1994, Ch. 1010, Sec. 203. Effective January 1, 1995.)
  123. 2005.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 1. Definitions [2001 - 2009] ( Chapter 1 enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    “Minerals” is defined to include naturally occurring chemical elements or compounds formed from inorganic processes and organic substances, including coal, peat, and bituminous rock, but not geothermal resources, natural gas, or petroleum.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 1. Definitions [2001 - 2009] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## 2005. “Minerals” means any naturally occurring chemical element or compound, or groups of elements and compounds, formed from inorganic processes and organic substances, including, but not limited to, coal, peat, and bituminous rock, but excluding geothermal resources, natural gas, and petroleum. (Added by Stats. 1975, Ch. 1131.)
  124. 2006.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 1. Definitions [2001 - 2009] ( Chapter 1 enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    “State Geologist” means the individual holding the office created by Section 677.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 1. Definitions [2001 - 2009] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## 2006. “State Geologist” means the individual holding the office created by Section 677. (Added by Stats. 1975, Ch. 1131.)
  125. 2006.5.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 1. Definitions [2001 - 2009] ( Chapter 1 enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    “Supervisor of Mine Reclamation” or “supervisor” means the individual directing the Division of Mine Reclamation.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 1. Definitions [2001 - 2009] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## 2006.5. “Supervisor of Mine Reclamation” or “supervisor” means the individual directing the Division of Mine Reclamation established pursuant to subdivision (d) of Section 607. (Amended by Stats. 2017, Ch. 521, Sec. 13. (SB 809) Effective January 1, 2018.)
  126. 2007.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 1. Definitions [2001 - 2009] ( Chapter 1 enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    This section defines “exploration” or “prospecting” as searching for minerals using geological, geophysical, geochemical, or similar techniques.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 1. Definitions [2001 - 2009] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## 2007. “Exploration” or “prospecting” means the search for minerals by geological, geophysical, geochemical or other techniques, including, but not limited to, sampling, assaying, drilling, or any surface or underground works needed to determine the type, extent, or quantity of minerals present. (Added by Stats. 1975, Ch. 1131.)
  127. 2008.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 1. Definitions [2001 - 2009] ( Chapter 1 enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    “Board” means the State Mining and Geology Board.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 1. Definitions [2001 - 2009] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## 2008. “Board” means the State Mining and Geology Board. (Added by Stats. 1975, Ch. 1131.)
  128. 2009.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 1. Definitions [2001 - 2009] ( Chapter 1 enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    “Geologic hazard” means a geologic condition that can be dangerous to life and property.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 1. Definitions [2001 - 2009] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## 2009. “Geologic hazard” means a geologic condition that is a potential danger to life and property. Geologic hazards include, but are not limited to, earthquake, landslide, mineral hazards, postfire debris flow, subsidence, coastal and inland erosion, expansive soil, fault displacement, and volcanic eruption. (Amended by Stats. 2025, Ch. 236, Sec. 2. (SB 831) Effective January 1, 2026.)
  129. 21000.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 1. Policy [21000 - 21006] ( Chapter 1 added by Stats. 1970, Ch. 1433. )

    Verify source ↗

    This section declares California policy on environmental quality and says the state government, citizens, and state agencies should act to protect and improve the environment.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 1. Policy [21000 - 21006] ( Chapter 1 added by Stats. 1970, Ch. 1433. ) ## 21000. The Legislature finds and declares as follows: (a) The maintenance of a quality environment for the people of this state now and in the future is a matter of statewide concern. (b) It is necessary to provide a high-quality environment that at all times is healthful and pleasing to the senses and intellect of man. (c) There is a need to understand the relationship between the maintenance of high-quality ecological systems and the general welfare of the people of the state, including their enjoyment of the natural resources of the state. (d) The capacity of the environment is limited, and it is the intent of the Legislature that the government of the state take immediate steps to identify any critical thresholds for the health and safety of the people of the state and take all coordinated actions necessary to prevent such thresholds being reached. (e) Every citizen has a responsibility to contribute to the preservation and enhancement of the environment. (f) The interrelationship of policies and practices in the management of natural resources and waste disposal requires systematic and concerted efforts by public and private interests to enhance environmental quality and to control environmental pollution. (g) It is the intent of the Legislature that all agencies of the state government which regulate activities of private individuals, corporations, and public agencies which are found to affect the quality of the environment, shall regulate such activities so that major consideration is given to preventing environmental damage, while providing a decent home and satisfying living environment for every Californian. (Amended by Stats. 1979, Ch. 947.)
  130. 21001.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 1. Policy [21000 - 21006] ( Chapter 1 added by Stats. 1970, Ch. 1433. )

    Verify source ↗

    This section states California’s environmental policy and directs governmental agencies to develop environmental protection standards and procedures and to consider broader environmental and long-term factors when making decisions.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 1. Policy [21000 - 21006] ( Chapter 1 added by Stats. 1970, Ch. 1433. ) ## 21001. The Legislature further finds and declares that it is the policy of the state to: (a) Develop and maintain a high-quality environment now and in the future, and take all action necessary to protect, rehabilitate, and enhance the environmental quality of the state. (b) Take all action necessary to provide the people of this state with clean air and water, enjoyment of aesthetic, natural, scenic, and historic environmental qualities, and freedom from excessive noise. (c) Prevent the elimination of fish or wildlife species due to man’s activities, insure that fish and wildlife populations do not drop below self-prepetuating levels, and preserve for future generations representations of all plant and animal communities and examples of the major periods of California history. (d) Ensure that the long-term protection of the environment, consistent with the provision of a decent home and suitable living environment for every Californian, shall be the guiding criterion in public decisions. (e) Create and maintain conditions under which man and nature can exist in productive harmony to fulfill the social and economic requirements of present and future generations. (f) Require governmental agencies at all levels to develop standards and procedures necessary to protect environmental quality. (g) Require governmental agencies at all levels to consider qualitative factors as well as economic and technical factors and long-term benefits and costs, in addition to short-term benefits and costs and to consider alternatives to proposed actions affecting the environment. (Amended by Stats. 1979, Ch. 947.)
  131. 21001.1.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 1. Policy [21000 - 21006] ( Chapter 1 added by Stats. 1970, Ch. 1433. )

    Verify source ↗

    The Legislature states that projects carried out by public agencies must be reviewed and considered at the same level as private projects approved by public agencies.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 1. Policy [21000 - 21006] ( Chapter 1 added by Stats. 1970, Ch. 1433. ) ## 21001.1. The Legislature further finds and declares that it is the policy of the state that projects to be carried out by public agencies be subject to the same level of review and consideration under this division as that of private projects required to be approved by public agencies. (Added by Stats. 1984, Ch. 1514, Sec. 1.)
  132. 21002.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 1. Policy [21000 - 21006] ( Chapter 1 added by Stats. 1970, Ch. 1433. )

    Verify source ↗

    Public agencies should not approve proposed projects when feasible alternatives or mitigation measures would substantially reduce significant environmental effects, but may approve projects if those alternatives or measures are infeasible because of specific economic, social, or other conditions.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 1. Policy [21000 - 21006] ( Chapter 1 added by Stats. 1970, Ch. 1433. ) ## 21002. The Legislature finds and declares that it is the policy of the state that public agencies should not approve projects as proposed if there are feasible alternatives or feasible mitigation measures available which would substantially lessen the significant environmental effects of such projects, and that the procedures required by this division are intended to assist public agencies in systematically identifying both the significant effects of proposed projects and the feasible alternatives or feasible mitigation measures which will avoid or substantially lessen such significant effects. The Legislature further finds and declares that in the event specific economic, social, or other conditions make infeasible such project alternatives or such mitigation measures, individual projects may be approved in spite of one or more significant effects thereof. (Amended by Stats. 1980, Ch. 676, Sec. 277.)
  133. 21002.1.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 1. Policy [21000 - 21006] ( Chapter 1 added by Stats. 1970, Ch. 1433. )

    Verify source ↗

    Public agencies must avoid or mitigate significant environmental effects when feasible, and lead agencies must focus environmental impact reports on potentially significant effects.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 1. Policy [21000 - 21006] ( Chapter 1 added by Stats. 1970, Ch. 1433. ) ## 21002.1. In order to achieve the objectives set forth in Section 21002, the Legislature hereby finds and declares that the following policy shall apply to the use of environmental impact reports prepared pursuant to this division: (a) The purpose of an environmental impact report is to identify the significant effects on the environment of a project, to identify alternatives to the project, and to indicate the manner in which those significant effects can be mitigated or avoided. (b) Each public agency shall mitigate or avoid the significant effects on the environment of projects that it carries out or approves whenever it is feasible to do so. (c) If economic, social, or other conditions make it infeasible to mitigate one or more significant effects on the environment of a project, the project may nonetheless be carried out or approved at the discretion of a public agency if the project is otherwise permissible under applicable laws and regulations. (d) In applying the policies of subdivisions (b) and (c) to individual projects, the responsibility of the lead agency shall differ from that of a responsible agency. The lead agency shall be responsible for considering the effects, both individual and collective, of all activities involved in a project. A responsible agency shall be responsible for considering only the effects of those activities involved in a project which it is required by law to carry out or approve. This subdivision applies only to decisions by a public agency to carry out or approve a project and does not otherwise affect the scope of the comments that the public agency may wish to make pursuant to Section 21104 or 21153. (e) To provide more meaningful public disclosure, reduce the time and cost required to prepare an environmental impact report, and focus on potentially significant effects on the environment of a proposed project, lead agencies shall, in accordance with Section 21100, focus the discussion in the environmental impact report on those potential effects on the environment of a proposed project which the lead agency has determined are or may be significant. Lead agencies may limit discussion on other effects to a brief explanation as to why those effects are not potentially significant. (Amended by Stats. 1994, Ch. 1230, Sec. 1. Effective September 30, 1994.)
  134. 21003.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 1. Policy [21000 - 21006] ( Chapter 1 added by Stats. 1970, Ch. 1433. )

    Verify source ↗

    This section says environmental review should be coordinated, efficient, and written for decisionmakers and the public.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 1. Policy [21000 - 21006] ( Chapter 1 added by Stats. 1970, Ch. 1433. ) ## 21003. The Legislature further finds and declares that it is the policy of the state that: (a) Local agencies integrate the requirements of this division with planning and environmental review procedures otherwise required by law or by local practice so that all those procedures, to the maximum feasible extent, run concurrently, rather than consecutively. (b) Documents prepared pursuant to this division be organized and written in a manner that will be meaningful and useful to decisionmakers and to the public. (c) Environmental impact reports omit unnecessary descriptions of projects and emphasize feasible mitigation measures and feasible alternatives to projects. (d) Information developed in individual environmental impact reports be incorporated into a data base which can be used to reduce delay and duplication in preparation of subsequent environmental impact reports. (e) Information developed in environmental impact reports and negative declarations be incorporated into a data base which may be used to make subsequent or supplemental environmental determinations. (f) All persons and public agencies involved in the environmental review process be responsible for carrying out the process in the most efficient, expeditious manner in order to conserve the available financial, governmental, physical, and social resources with the objective that those resources may be better applied toward the mitigation of actual significant effects on the environment. (Amended by Stats. 1993, Ch. 1130, Sec. 2. Effective January 1, 1994.)
  135. 21003.1.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 1. Policy [21000 - 21006] ( Chapter 1 added by Stats. 1970, Ch. 1433. )

    Verify source ↗

    Public comments and relevant environmental information must be provided to lead agencies as soon as possible, and this section does not cut back existing review or comment periods.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 1. Policy [21000 - 21006] ( Chapter 1 added by Stats. 1970, Ch. 1433. ) ## 21003.1. The Legislature further finds and declares it is the policy of the state that: (a) Comments from the public and public agencies on the environmental effects of a project shall be made to lead agencies as soon as possible in the review of environmental documents, including, but not limited to, draft environmental impact reports and negative declarations, in order to allow the lead agencies to identify, at the earliest possible time in the environmental review process, potential significant effects of a project, alternatives, and mitigation measures which would substantially reduce the effects. (b) Information relevant to the significant effects of a project, alternatives, and mitigation measures which substantially reduce the effects shall be made available as soon as possible by lead agencies, other public agencies, and interested persons and organizations. (c) Nothing in subdivisions (a) or (b) reduces or otherwise limits public review or comment periods currently prescribed either by statute or in guidelines prepared and adopted pursuant to Section 21083 for environmental documents, including, but not limited to, draft environmental impact reports and negative declarations. (Added by Stats. 1985, Ch. 85, Sec. 1.)
  136. 21004.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 1. Policy [21000 - 21006] ( Chapter 1 added by Stats. 1970, Ch. 1433. )

    Verify source ↗

    A public agency may use only the powers allowed by other law when reducing or avoiding a significant environmental effect of a project.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 1. Policy [21000 - 21006] ( Chapter 1 added by Stats. 1970, Ch. 1433. ) ## 21004. In mitigating or avoiding a significant effect of a project on the environment, a public agency may exercise only those express or implied powers provided by law other than this division. However, a public agency may use discretionary powers provided by such other law for the purpose of mitigating or avoiding a significant effect on the environment subject to the express or implied constraints or limitations that may be provided by law. (Added by Stats. 1982, Ch. 1438, Sec. 3.)
  137. 21005.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 1. Policy [21000 - 21006] ( Chapter 1 added by Stats. 1970, Ch. 1433. )

    Verify source ↗

    This section says courts should not assume an error is prejudicial and must address each alleged ground for noncompliance when reviewing certain public agency actions.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 1. Policy [21000 - 21006] ( Chapter 1 added by Stats. 1970, Ch. 1433. ) ## 21005. (a) The Legislature finds and declares that it is the policy of the state that noncompliance with the information disclosure provisions of this division which precludes relevant information from being presented to the public agency, or noncompliance with substantive requirements of this division, may constitute a prejudicial abuse of discretion within the meaning of Sections 21168 and 21168.5, regardless of whether a different outcome would have resulted if the public agency had complied with those provisions. (b) It is the intent of the Legislature that, in undertaking judicial review pursuant to Sections 21168 and 21168.5, courts shall continue to follow the established principle that there is no presumption that error is prejudicial. (c) It is further the intent of the Legislature that any court, which finds, or, in the process of reviewing a previous court finding, finds, that a public agency has taken an action without compliance with this division, shall specifically address each of the alleged grounds for noncompliance. (Amended by Stats. 1994, Ch. 1230, Sec. 2. Effective September 30, 1994.)
  138. 21006.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 1. Policy [21000 - 21006] ( Chapter 1 added by Stats. 1970, Ch. 1433. )

    Verify source ↗

    The Legislature states that this division is part of a public agency’s decisionmaking process, including when issuing permits, licenses, certificates, or other entitlements for certain federally authorized activities.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 1. Policy [21000 - 21006] ( Chapter 1 added by Stats. 1970, Ch. 1433. ) ## 21006. The Legislature finds and declares that this division is an integral part of any public agency’s decisionmaking process, including, but not limited to, the issuance of permits, licenses, certificates, or other entitlements required for activities undertaken pursuant to federal statutes containing specific waivers of sovereign immunity. (Added by Stats. 1998, Ch. 272, Sec. 2. Effective January 1, 1999.)
  139. 21050.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2. Short Title [21050- 21050.] ( Chapter 2 added by Stats. 1970, Ch. 1433. )

    Verify source ↗

    This division may be cited as the California Environmental Quality Act.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2. Short Title [21050- 21050.] ( Chapter 2 added by Stats. 1970, Ch. 1433. ) ## 21050. This division shall be known and may be cited as the California Environmental Quality Act. (Amended by Stats. 1976, Ch. 1312.)
  140. 21060.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.5. Definitions [21060 - 21074] ( Chapter 2.5 added by Stats. 1972, Ch. 1154. )

    Verify source ↗

    This chapter’s definitions control how this division is read, unless the context requires otherwise.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.5. Definitions [21060 - 21074] ( Chapter 2.5 added by Stats. 1972, Ch. 1154. ) ## 21060. Unless the context otherwise requires, the definitions in this chapter govern the construction of this division. (Added by Stats. 1972, Ch. 1154.)
  141. 21060.1.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.5. Definitions [21060 - 21074] ( Chapter 2.5 added by Stats. 1972, Ch. 1154. )

    Verify source ↗

    This section defines “agricultural land” for this code section.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.5. Definitions [21060 - 21074] ( Chapter 2.5 added by Stats. 1972, Ch. 1154. ) ## 21060.1. (a) “Agricultural land” means prime farmland, farmland of statewide importance, or unique farmland, as defined by the United States Department of Agriculture land inventory and monitoring criteria, as modified for California. (b) In those areas of the state where lands have not been surveyed for the classifications specified in subdivision (a), “agricultural land” means land that meets the requirements of “prime agricultural land” as defined in paragraph (1), (2), (3), or (4) of subdivision (c) of Section 51201 of the Government Code. (Added by Stats. 1993, Ch. 812, Sec. 2. Effective January 1, 1994.)
  142. 21060.2.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.5. Definitions [21060 - 21074] ( Chapter 2.5 added by Stats. 1972, Ch. 1154. )

    Verify source ↗

    This section defines “bus rapid transit” and “bus rapid transit station.”

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.5. Definitions [21060 - 21074] ( Chapter 2.5 added by Stats. 1972, Ch. 1154. ) ## 21060.2. (a) “Bus rapid transit” means a public mass transit service provided by a public agency or by a public-private partnership that includes all of the following features: (1) Full-time dedicated bus lanes or operation in a separate right-of-way dedicated for public transportation with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods. (2) Transit signal priority. (3) All-door boarding. (4) Fare collection system that promotes efficiency. (5) Defined stations. (b) “Bus rapid transit station” means a clearly defined bus station served by a bus rapid transit. (Added by Stats. 2019, Ch. 631, Sec. 1. (AB 1560) Effective January 1, 2020.)
  143. 21060.3.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.5. Definitions [21060 - 21074] ( Chapter 2.5 added by Stats. 1972, Ch. 1154. )

    Verify source ↗

    This section defines “emergency” as a sudden, unexpected event that creates a clear and imminent danger and requires immediate action.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.5. Definitions [21060 - 21074] ( Chapter 2.5 added by Stats. 1972, Ch. 1154. ) ## 21060.3. “Emergency” means a sudden, unexpected occurrence, involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services. “Emergency” includes such occurrences as fire, flood, earthquake, or other soil or geologic movements, as well as such occurrences as riot, accident, or sabotage. (Added by Stats. 1976, Ch. 1312.)
  144. 21060.4.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.5. Definitions [21060 - 21074] ( Chapter 2.5 added by Stats. 1972, Ch. 1154. )

    Verify source ↗

    This section defines “distribution center” as a warehouse distribution center of 50,000 square feet or more.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.5. Definitions [21060 - 21074] ( Chapter 2.5 added by Stats. 1972, Ch. 1154. ) ## 21060.4. “Distribution center” means a warehouse distribution center, as defined in Section 2100 of the Labor Code, that is 50,000 square feet or larger. (Added by Stats. 2025, Ch. 24, Sec. 3. (SB 131) Effective June 30, 2025.)
  145. 21060.5.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.5. Definitions [21060 - 21074] ( Chapter 2.5 added by Stats. 1972, Ch. 1154. )

    Verify source ↗

    This section defines “environment” for the chapter.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.5. Definitions [21060 - 21074] ( Chapter 2.5 added by Stats. 1972, Ch. 1154. ) ## 21060.5. “Environment” means the physical conditions which exist within the area which will be affected by a proposed project, including land, air, water, minerals, flora, fauna, noise, objects of historic or aesthetic significance. (Added by Stats. 1972, Ch. 1154.)
  146. 21061.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.5. Definitions [21060 - 21074] ( Chapter 2.5 added by Stats. 1972, Ch. 1154. )

    Verify source ↗

    This section defines “environmental impact report” and requires public agencies to consider it before project approval or disapproval when its preparation is required, and to require an index or table of contents plus a summary.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.5. Definitions [21060 - 21074] ( Chapter 2.5 added by Stats. 1972, Ch. 1154. ) ## 21061. “Environmental impact report” means a detailed statement setting forth the matters specified in Sections 21100 and 21100.1; provided that information or data which is relevant to such a statement and is a matter of public record or is generally available to the public need not be repeated in its entirety in such statement, but may be specifically cited as the source for conclusions stated therein; and provided further that such information or data shall be briefly described, that its relationship to the environmental impact report shall be indicated, and that the source thereof shall be reasonably available for inspection at a public place or public building. An environmental impact report also includes any comments which are obtained pursuant to Section 21104 or 21153, or which are required to be obtained pursuant to this division. An environmental impact report is an informational document which, when its preparation is required by this division, shall be considered by every public agency prior to its approval or disapproval of a project. The purpose of an environmental impact report is to provide public agencies and the public in general with detailed information about the effect which a proposed project is likely to have on the environment; to list ways in which the significant effects of such a project might be minimized; and to indicate alternatives to such a project. In order to facilitate the use of environmental impact reports, public agencies shall require that such reports contain an index or table of contents and a summary. Failure to include such index, table of contents, or summary shall not constitute a cause of action pursuant to Section 21167. (Amended by Stats. 1976, Ch. 1312.)
  147. 21061.1.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.5. Definitions [21060 - 21074] ( Chapter 2.5 added by Stats. 1972, Ch. 1154. )

    Verify source ↗

    “Feasible” means something can be done successfully within a reasonable time, considering economic, environmental, social, and technological factors.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.5. Definitions [21060 - 21074] ( Chapter 2.5 added by Stats. 1972, Ch. 1154. ) ## 21061.1. “Feasible” means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors. (Added by Stats. 1976, Ch. 1312.)
  148. 21061.2.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.5. Definitions [21060 - 21074] ( Chapter 2.5 added by Stats. 1972, Ch. 1154. )

    Verify source ↗

    This section defines “Land evaluation and site assessment” as a decisionmaking method for assessing the potential environmental impact of state and local projects on agricultural land.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.5. Definitions [21060 - 21074] ( Chapter 2.5 added by Stats. 1972, Ch. 1154. ) ## 21061.2. “Land evaluation and site assessment” means a decisionmaking methodology for assessing the potential environmental impact of state and local projects on agricultural land. (Added by Stats. 1993, Ch. 812, Sec. 3. Effective January 1, 1994.)
  149. 21061.3.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.5. Definitions [21060 - 21074] ( Chapter 2.5 added by Stats. 1972, Ch. 1154. )

    Verify source ↗

    “Infill site” is defined as a site in an urbanized area that meets one of the listed criteria.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.5. Definitions [21060 - 21074] ( Chapter 2.5 added by Stats. 1972, Ch. 1154. ) ## 21061.3. “Infill site” means a site in an urbanized area that meets either of the following criteria: (a) The site has not been previously developed for urban uses and both of the following apply: (1) The site is immediately adjacent to parcels that are developed with qualified urban uses, or at least 75 percent of the perimeter of the site adjoins parcels that are developed with qualified urban uses, and the remaining 25 percent of the site adjoins parcels that have previously been developed for qualified urban uses. (2) No parcel within the site has been created within the past 10 years unless the parcel was created as a result of the plan of a redevelopment agency. (b) The site has been previously developed for qualified urban uses. (Amended by Stats. 2008, Ch. 728, Sec. 13. Effective January 1, 2009.)
  150. 21062.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.5. Definitions [21060 - 21074] ( Chapter 2.5 added by Stats. 1972, Ch. 1154. )

    Verify source ↗

    This section defines “local agency” as a public agency other than a state agency, board, or commission, and says redevelopment agencies and local agency formation commissions count as local agencies.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.5. Definitions [21060 - 21074] ( Chapter 2.5 added by Stats. 1972, Ch. 1154. ) ## 21062. “Local agency” means any public agency other than a state agency, board, or commission. For purposes of this division a redevelopment agency and a local agency formation commission are local agencies, and neither is a state agency, board, or commission. (Amended by Stats. 1975, Ch. 222.)
  151. 21063.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.5. Definitions [21060 - 21074] ( Chapter 2.5 added by Stats. 1972, Ch. 1154. )

    Verify source ↗

    “Public agency” is defined to include several kinds of government bodies.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.5. Definitions [21060 - 21074] ( Chapter 2.5 added by Stats. 1972, Ch. 1154. ) ## 21063. “Public agency” includes any state agency, board, or commission, any county, city and county, city, regional agency, public district, redevelopment agency, or other political subdivision. (Added by Stats. 1972, Ch. 1154.)
  152. 21064.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.5. Definitions [21060 - 21074] ( Chapter 2.5 added by Stats. 1972, Ch. 1154. )

    Verify source ↗

    “Negative declaration” means a written statement explaining why a proposed project will not significantly affect the environment and does not require an environmental impact report.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.5. Definitions [21060 - 21074] ( Chapter 2.5 added by Stats. 1972, Ch. 1154. ) ## 21064. “Negative declaration” means a written statement briefly describing the reasons that a proposed project will not have a significant effect on the environment and does not require the preparation of an environmental impact report. (Added by Stats. 1976, Ch. 1312.)
  153. 21064.3.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.5. Definitions [21060 - 21074] ( Chapter 2.5 added by Stats. 1972, Ch. 1154. )

    Verify source ↗

    This section defines “major transit stop” as a site meeting one of three listed transportation-related conditions.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.5. Definitions [21060 - 21074] ( Chapter 2.5 added by Stats. 1972, Ch. 1154. ) ## 21064.3. “Major transit stop” means a site containing any of the following: (a) An existing rail or bus rapid transit station. (b) A ferry terminal served by either a bus or rail transit service. (c) The intersection of two or more major bus routes with a frequency of service interval of 20 minutes or less during the morning and afternoon peak commute periods. (Amended by Stats. 2024, Ch. 275, Sec. 2. (AB 2553) Effective January 1, 2025.)
  154. 21064.5.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.5. Definitions [21060 - 21074] ( Chapter 2.5 added by Stats. 1972, Ch. 1154. )

    Verify source ↗

    This section defines “mitigated negative declaration” as a negative declaration for a project where initial review finds potentially significant environmental effects, but project changes would avoid or reduce them so no significant effect would clearly occur, and there is no substantial evidence the revised project may still have a significant environmental effect.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.5. Definitions [21060 - 21074] ( Chapter 2.5 added by Stats. 1972, Ch. 1154. ) ## 21064.5. “Mitigated negative declaration” means a negative declaration prepared for a project when the initial study has identified potentially significant effects on the environment, but (1) revisions in the project plans or proposals made by, or agreed to by, the applicant before the proposed negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur, and (2) there is no substantial evidence in light of the whole record before the public agency that the project, as revised, may have a significant effect on the environment. (Amended by Stats. 1994, Ch. 1230, Sec. 3. Effective September 30, 1994.)
  155. 21064.8.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.5. Definitions [21060 - 21074] ( Chapter 2.5 added by Stats. 1972, Ch. 1154. )

    Verify source ↗

    “Oil and gas infrastructure” means a facility used for producing, processing, transmitting, storing, or distributing petroleum or natural gas.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.5. Definitions [21060 - 21074] ( Chapter 2.5 added by Stats. 1972, Ch. 1154. ) ## 21064.8. “Oil and gas infrastructure” means a facility used for the production, processing, transmission, storage, or distribution of petroleum or natural gas. (Added by Stats. 2025, Ch. 24, Sec. 4. (SB 131) Effective June 30, 2025.)
  156. 21065.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.5. Definitions [21060 - 21074] ( Chapter 2.5 added by Stats. 1972, Ch. 1154. )

    Verify source ↗

    This section defines “project” as an activity that may cause a direct or reasonably foreseeable indirect physical change in the environment, including certain public-agency and assisted activities.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.5. Definitions [21060 - 21074] ( Chapter 2.5 added by Stats. 1972, Ch. 1154. ) ## 21065. “Project” means an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and which is any of the following: (a) An activity directly undertaken by any public agency. (b) An activity undertaken by a person which is supported, in whole or in part, through contracts, grants, subsidies, loans, or other forms of assistance from one or more public agencies. (c) An activity that involves the issuance to a person of a lease, permit, license, certificate, or other entitlement for use by one or more public agencies. (Amended by Stats. 1994, Ch. 1230, Sec. 4. Effective September 30, 1994.)
  157. 21065.3.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.5. Definitions [21060 - 21074] ( Chapter 2.5 added by Stats. 1972, Ch. 1154. )

    Verify source ↗

    “Project-specific effect” means the direct or indirect environmental effects of a project, except cumulative effects and growth-inducing effects.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.5. Definitions [21060 - 21074] ( Chapter 2.5 added by Stats. 1972, Ch. 1154. ) ## 21065.3. “Project-specific effect” means all the direct or indirect environmental effects of a project other than cumulative effects and growth-inducing effects. (Added by Stats. 2002, Ch. 1039, Sec. 4. Effective January 1, 2003.)
  158. 21065.5.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.5. Definitions [21060 - 21074] ( Chapter 2.5 added by Stats. 1972, Ch. 1154. )

    Verify source ↗

    A geothermal exploratory project is defined as a project with no more than six wells and related drilling/testing equipment, aimed at evaluating geothermal resources before geothermal field development begins.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.5. Definitions [21060 - 21074] ( Chapter 2.5 added by Stats. 1972, Ch. 1154. ) ## 21065.5. “Geothermal exploratory project” means a project as defined in Section 21065 composed of not more than six wells and associated drilling and testing equipment, whose chief and original purpose is to evaluate the presence and characteristics of geothermal resources prior to commencement of a geothermal field development project as defined in Section 65928.5 of the Government Code. Wells included within a geothermal exploratory project must be located at least one-half mile from geothermal development wells which are capable of producing geothermal resources in commercial quantities. (Added by Stats. 1978, Ch. 1271.)
  159. 21066.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.5. Definitions [21060 - 21074] ( Chapter 2.5 added by Stats. 1972, Ch. 1154. )

    Verify source ↗

    “Person” is defined broadly to include many kinds of entities, including governments and, where federal law allows, the United States and its agencies or subdivisions.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.5. Definitions [21060 - 21074] ( Chapter 2.5 added by Stats. 1972, Ch. 1154. ) ## 21066. “Person” includes any person, firm, association, organization, partnership, business, trust, corporation, limited liability company, company, district, county, city and county, city, town, the state, and any of the agencies and political subdivisions of those entities, and, to the extent permitted by federal law, the United States, or any of its agencies or political subdivisions. (Amended by Stats. 1998, Ch. 272, Sec. 3. Effective January 1, 1999.)
  160. 21067.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.5. Definitions [21060 - 21074] ( Chapter 2.5 added by Stats. 1972, Ch. 1154. )

    Verify source ↗

    “Lead agency” means the public agency mainly responsible for carrying out or approving a project that may significantly affect the environment.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.5. Definitions [21060 - 21074] ( Chapter 2.5 added by Stats. 1972, Ch. 1154. ) ## 21067. “Lead agency” means the public agency which has the principal responsibility for carrying out or approving a project which may have a significant effect upon the environment. (Added by Stats. 1972, Ch. 1154.)
  161. 21067.5.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.5. Definitions [21060 - 21074] ( Chapter 2.5 added by Stats. 1972, Ch. 1154. )

    Verify source ↗

    This section defines “natural and protected lands” as sites in listed protected or sensitive areas, with exceptions for certain hazardous waste sites, floodway development with no-rise certification, and some fire-hazard sites with mitigation measures.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.5. Definitions [21060 - 21074] ( Chapter 2.5 added by Stats. 1972, Ch. 1154. ) ## 21067.5. “Natural and protected lands” means sites located within any of the following locations: (a) The state park system, as described in Article 1 (commencing with Section 5001) of Chapter 1 of Division 5. (b) A wilderness area, as defined in Section 5093.32. (c) A marine protected area, as defined in Section 2852 of the Fish and Game Code. (d) The national park system, as defined in Section 100102 of Title 54 of the United States Code. (e) A national recreation area. (f) A national monument. (g) The national wild and scenic rivers system, as defined in Section 1273 of Title 16 of the United States Code. (h) Any ecological reserve or wildlife management area acquired and managed by the Department of Fish and Wildlife pursuant to Article 2 (commencing with Section 1525) or Article 4 (commencing with Section 1580) of Chapter 5 of Division 2 of the Fish and Game Code. (i) A hazardous waste site that is listed pursuant to Section 65962.5 of the Government Code or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless either of the following apply: (1) The site is an underground storage tank site that received a uniform closure letter issued pursuant to subdivision (g) of Section 25296.10 of the Health and Safety Code based on closure criteria established by the State Water Resources Control Board for the use proposed by the project. This paragraph does not alter or change the conditions to remove a site from the list of hazardous waste sites listed pursuant to Section 65962.5 of the Government Code. (2) The State Department of Public Health, State Water Resources Control Board, Department of Toxic Substances Control, or a local agency making a determination pursuant to subdivision (c) of Section 25296.10 of the Health and Safety Code has otherwise determined that the site is suitable for the use proposed by the project. (j) Within a regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. (k) Lands under conservation easement. (l) On, or within a 300-foot radius of, a wetland, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993). (m) An environmentally sensitive area within the coastal zone, as defined in Section 30107.5. (n) Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code) or habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan. (o) Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178 of the Government Code, or within the state responsibility area, as defined in Section 4102. This subdivision does not apply to sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development, including, but not limited to, standards established under all of the following provisions or their successor provisions: (1) Section 4291 of this code or Section 51182 of the Government Code, as applicable. (2) Section 4290. (3) Chapter 7A (commencing with Section 701A.1) of Part 2 of Title 24 of the California Code of Regulations. (p) Either prime farmland or farmland of statewide importance, as defined pursuant to the United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction. (Amended by Stats. 2025, Ch. 650, Sec. 6. (SB 158) Effective October 11, 2025.)
  162. 21068.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.5. Definitions [21060 - 21074] ( Chapter 2.5 added by Stats. 1972, Ch. 1154. )

    Verify source ↗

    This section defines “significant effect on the environment” as a substantial or potentially substantial adverse change in the environment.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.5. Definitions [21060 - 21074] ( Chapter 2.5 added by Stats. 1972, Ch. 1154. ) ## 21068. “Significant effect on the environment” means a substantial, or potentially substantial, adverse change in the environment. (Added by Stats. 1976, Ch. 1312.)
  163. 21068.5.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.5. Definitions [21060 - 21074] ( Chapter 2.5 added by Stats. 1972, Ch. 1154. )

    Verify source ↗

    “Tiering” means using a general environmental impact report for a policy, plan, program, or ordinance, followed by narrower site-specific reports that build on earlier analysis and focus on mitigable or previously unanalyzed significant effects.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.5. Definitions [21060 - 21074] ( Chapter 2.5 added by Stats. 1972, Ch. 1154. ) ## 21068.5. “Tiering” or “tier” means the coverage of general matters and environmental effects in an environmental impact report prepared for a policy, plan, program or ordinance followed by narrower or site-specific environmental impact reports which incorporate by reference the discussion in any prior environmental impact report and which concentrate on the environmental effects which (a) are capable of being mitigated, or (b) were not analyzed as significant effects on the environment in the prior environmental impact report. (Added by Stats. 1983, Ch. 967, Sec. 1.)
  164. 21069.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.5. Definitions [21060 - 21074] ( Chapter 2.5 added by Stats. 1972, Ch. 1154. )

    Verify source ↗

    “Responsible agency” means a public agency, other than the lead agency, that is responsible for carrying out or approving a project.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.5. Definitions [21060 - 21074] ( Chapter 2.5 added by Stats. 1972, Ch. 1154. ) ## 21069. “Responsible agency” means a public agency, other than the lead agency, which has responsibility for carrying out or approving a project. (Added by Stats. 1976, Ch. 1312.)
  165. 21070.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.5. Definitions [21060 - 21074] ( Chapter 2.5 added by Stats. 1972, Ch. 1154. )

    Verify source ↗

    “Trustee agency” means a state agency with legal jurisdiction over natural resources affected by a project, held in trust for the people of California.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.5. Definitions [21060 - 21074] ( Chapter 2.5 added by Stats. 1972, Ch. 1154. ) ## 21070. “Trustee agency” means a state agency that has jurisdiction by law over natural resources affected by a project, that are held in trust for the people of the State of California. (Added by Stats. 2004, Ch. 744, Sec. 1. Effective January 1, 2005.)
  166. 21071.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.5. Definitions [21060 - 21074] ( Chapter 2.5 added by Stats. 1972, Ch. 1154. )

    Verify source ↗

    This section defines “urbanized area” using city population, unincorporated-area, boundary, and local-finding criteria.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.5. Definitions [21060 - 21074] ( Chapter 2.5 added by Stats. 1972, Ch. 1154. ) ## 21071. “Urbanized area” means either of the following: (a) An incorporated city that meets either of the following criteria: (1) Has a population of at least 100,000 persons. (2) Has a population of less than 100,000 persons if the population of that city and not more than two contiguous incorporated cities combined equals at least 100,000 persons. (b) An unincorporated area that satisfies the criteria in both paragraph (1) and (2) of the following criteria: (1) Is either of the following: (A) Completely surrounded by one or more incorporated cities, and both of the following criteria are met: (i) The population of the unincorporated area and the population of the surrounding incorporated city or cities equals not less than 100,000 persons. (ii) The population density of the unincorporated area at least equals the population density of the surrounding city or cities. (B) Located within an urban growth boundary and has an existing residential population of at least 5,000 persons per square mile. For purposes of this subparagraph, an “urban growth boundary” means a provision of a locally adopted general plan that allows urban uses on one side of the boundary and prohibits urban uses on the other side. (2) The board of supervisors with jurisdiction over the unincorporated area has previously taken both of the following actions: (A) Issued a finding that the general plan, zoning ordinance, and related policies and programs applicable to the unincorporated area are consistent with principles that encourage compact development in a manner that does both of the following: (i) Promotes efficient transportation systems, economic growth, affordable housing, energy efficiency, and an appropriate balance of jobs and housing. (ii) Protects the environment, open space, and agricultural areas. (B) Submitted a draft finding to the Office of Planning and Research at least 30 days prior to issuing a final finding, and allowed the office 30 days to submit comments on the draft findings to the board of supervisors. (Added by Stats. 2002, Ch. 1039, Sec. 5. Effective January 1, 2003.)
  167. 21072.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.5. Definitions [21060 - 21074] ( Chapter 2.5 added by Stats. 1972, Ch. 1154. )

    Verify source ↗

    This section defines “qualified urban use” as certain residential, commercial, public institutional, transit or transportation passenger facility, and retail uses.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.5. Definitions [21060 - 21074] ( Chapter 2.5 added by Stats. 1972, Ch. 1154. ) ## 21072. “Qualified urban use” means any residential, commercial, public institutional, transit or transportation passenger facility, or retail use, or any combination of those uses. (Added by Stats. 2002, Ch. 1039, Sec. 6. Effective January 1, 2003.)
  168. 21073.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.5. Definitions [21060 - 21074] ( Chapter 2.5 added by Stats. 1972, Ch. 1154. )

    Verify source ↗

    This section defines “California Native American tribe” as a Native American tribe located in California and listed on the Native American Heritage Commission contact list for Chapter 905 of the Statutes of 2004.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.5. Definitions [21060 - 21074] ( Chapter 2.5 added by Stats. 1972, Ch. 1154. ) ## 21073. “California Native American tribe” means a Native American tribe located in California that is on the contact list maintained by the Native American Heritage Commission for the purposes of Chapter 905 of the Statutes of 2004. (Added by Stats. 2014, Ch. 532, Sec. 3. (AB 52) Effective January 1, 2015.)
  169. 21074.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.5. Definitions [21060 - 21074] ( Chapter 2.5 added by Stats. 1972, Ch. 1154. )

    Verify source ↗

    This section defines “tribal cultural resources” and requires a lead agency to consider a resource’s significance to a California Native American tribe when applying the listed criteria.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.5. Definitions [21060 - 21074] ( Chapter 2.5 added by Stats. 1972, Ch. 1154. ) ## 21074. (a) “Tribal cultural resources” are either of the following: (1) Sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a California Native American tribe that are either of the following: (A) Included or determined to be eligible for inclusion in the California Register of Historical Resources. (B) Included in a local register of historical resources as defined in subdivision (k) of Section 5020.1. (2) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Section 5024.1. In applying the criteria set forth in subdivision (c) of Section 5024.1 for the purposes of this paragraph, the lead agency shall consider the significance of the resource to a California Native American tribe. (b) A cultural landscape that meets the criteria of subdivision (a) is a tribal cultural resource to the extent that the landscape is geographically defined in terms of the size and scope of the landscape. (c) A historical resource described in Section 21084.1, a unique archaeological resource as defined in subdivision (g) of Section 21083.2, or a “nonunique archaeological resource” as defined in subdivision (h) of Section 21083.2 may also be a tribal cultural resource if it conforms with the criteria of subdivision (a). (Added by Stats. 2014, Ch. 532, Sec. 4. (AB 52) Effective January 1, 2015.)
  170. 21080.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.6. General [21080 - 21098] ( Chapter 2.6 added by Stats. 1972, Ch. 1154. )

    Verify source ↗

    This section says environmental review rules apply to discretionary public agency projects unless an exemption applies.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.6. General [21080 - 21098] ( Chapter 2.6 added by Stats. 1972, Ch. 1154. ) ## 21080. (a) Except as otherwise provided in this division, this division shall apply to discretionary projects proposed to be carried out or approved by public agencies, including, but not limited to, the enactment and amendment of zoning ordinances, the issuance of zoning variances, the issuance of conditional use permits, and the approval of tentative subdivision maps unless the project is exempt from this division. (b) This division does not apply to any of the following activities: (1) Ministerial projects proposed to be carried out or approved by public agencies. (2) Emergency repairs to public service facilities necessary to maintain service. (3) Projects undertaken, carried out, or approved by a public agency to maintain, repair, restore, demolish, or replace property or facilities damaged or destroyed as a result of a disaster in a disaster-stricken area in which a state of emergency has been proclaimed by the Governor pursuant to Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code. (4) Specific actions necessary to prevent or mitigate an emergency. (5) Projects that a public agency rejects or disapproves. (6) Actions undertaken by a public agency relating to any thermal powerplant site or facility, including the expenditure, obligation, or encumbrance of funds by a public agency for planning, engineering, or design purposes, or for the conditional sale or purchase of equipment, fuel, water (except groundwater), steam, or power for a thermal powerplant, if the powerplant site and related facility will be the subject of an environmental impact report, negative declaration, or other document, prepared pursuant to a regulatory program certified pursuant to Section 21080.5, which will be prepared by the State Energy Resources Conservation and Development Commission, by the Public Utilities Commission, or by the city or county in which the powerplant and related facility would be located if the environmental impact report, negative declaration, or document includes the environmental impact, if any, of the action described in this paragraph. (7) (A) Activities or approvals for the bidding, hosting or staging of, and funding of, an Olympic Games and a Paralympic Games under the authority of the International Olympic Committee or the International Paralympic Committee, except for the construction of facilities necessary for the Olympic Games or Paralympic Games. (B) Notwithstanding subparagraph (A), the division does not apply to the construction of temporary facilities for the 2028 Olympic Games and Paralympic Games. For purposes of this subparagraph, “temporary facility” means a facility that will be completely removed and the area restored to a clean and safe condition within six months after the end of the 2028 Olympic Games and Paralympic Games. (C) Any confirmed changes to the locations of the competition venues of the 2028 Olympic Games and Paralympic Games venue plan, pursuant to the host city contract and games agreement with the City of Los Angeles, shall be noticed publicly on the organizing committee’s official internet website and shall be noticed in a newspaper or other medium of general circulation in the local jurisdiction notifying the public of the change in location of the venue. (D) This paragraph does not limit any other applicable statute or regulation governing impacts from temporary facilities to, among others, sensitive wildlife habitats, including, but not limited to, riparian lands, wetlands, bays, estuaries, marshes, and habitats for endangered, rare, and threatened species. (8) The establishment, modification, structuring, restructuring, or approval of rates, tolls, fares, or other charges by public agencies that the public agency finds are for the purpose of: (A) meeting operating expenses, including employee wage rates and fringe benefits; (B) purchasing or leasing supplies, equipment, or materials; (C) meeting financial reserve needs and requirements; (D) obtaining funds for capital projects necessary to maintain service within existing service areas; or (E) obtaining funds necessary to maintain those intracity transfers as are authorized by city charter. The public agency shall incorporate written findings in the record of any proceeding in which an exemption under this paragraph is claimed setting forth with specificity the basis for the claim of exemption. (9) All classes of projects designated pursuant to Section 21084. (10) A project for the institution or increase of passenger or commuter services on rail or highway rights-of-way already in use, including modernization of existing stations and parking facilities. For purposes of this paragraph, “highway” has the same meaning as defined in Section 360 of the Vehicle Code. (11) A project for the institution or increase of passenger or commuter service on high-occupancy vehicle lanes already in use, including the modernization of existing stations and parking facilities. (12) Facility extensions not to exceed four miles in length that are required for the transfer of passengers from or to exclusive public mass transit guideway or busway public transit services. (13) A project for the development of a regional transportation improvement program, the state transportation improvement program, or a congestion management program prepared pursuant to Section 65089 of the Government Code. (14) A project or portion of a project located in another state that will be subject to environmental impact review pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et seq.) or similar state laws of that state. Any emissions or discharges that would have a significant effect on the environment in this state are subject to this division. (15) Projects undertaken by a local agency to implement a rule or regulation imposed by a state agency, board, or commission under a certified regulatory program pursuant to Section 21080.5. Any site-specific effect of the project that was not analyzed as a significant effect on the environment in the plan or other written documentation required by Section 21080.5 is subject to this division. (16) Approval by the Department of Pesticide Regulation of a pesticide emergency exemption pursuant to Section 136p of Title 7 of the United States Code. (c) If a lead agency determines that a proposed project, not otherwise exempt from this division, would not have a significant effect on the environment, the lead agency shall adopt a negative declaration to that effect. The negative declaration shall be prepared for the proposed project in either of the following circumstances: (1) There is no substantial evidence, in light of the whole record before the lead agency, that the project may have a significant effect on the environment. (2) An initial study identifies potentially significant effects on the environment, but: (A) revisions in the project plans or proposals made by, or agreed to by, the applicant before the proposed negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur; and (B) there is no substantial evidence, in light of the whole record before the lead agency, that the project, as revised, may have a significant effect on the environment. (d) If there is substantial evidence, in light of the whole record before the lead agency, that the project may have a significant effect on the environment, an environmental impact report shall be prepared. (e) (1) For purposes of this section and this division, substantial evidence includes fact, a reasonable assumption predicated upon fact, or expert opinion supported by fact. (2) Substantial evidence is not argument, speculation, unsubstantiated opinion or narrative, evidence that is clearly inaccurate or erroneous, or evidence of social or economic impacts that do not contribute to, or are not caused by, physical impacts on the environment. (f) As a result of the public review process for a mitigated negative declaration, including administrative decisions and public hearings, the lead agency may conclude that certain mitigation measures identified pursuant to paragraph (2) of subdivision (c) are infeasible or otherwise undesirable. In those circumstances, the lead agency, before approving the project, may delete those mitigation measures and substitute for them other mitigation measures that the lead agency finds, after holding a public hearing on the matter, are equivalent or more effective in mitigating significant effects on the environment to a less than significant level and that do not cause any potentially significant effect on the environment. If those new mitigation measures are made conditions of project approval or are otherwise made part of the project approval, the deletion of the former measures and the substitution of the new mitigation measures shall not constitute an action or circumstance requiring recirculation of the mitigated negative declaration. (g) This section does not preclude a project applicant or any other person from challenging, in an administrative or judicial proceeding, the legality of a condition of project approval imposed by the lead agency. If, however, any condition of project approval set aside by either an administrative body or court was necessary to avoid or lessen the likelihood of the occurrence of a significant effect on the environment, the lead agency’s approval of the negative declaration and project shall be invalid and a new environmental review process shall be conducted before the project can be reapproved, unless the lead agency substitutes a new condition that the lead agency finds, after holding a public hearing on the matter, is equivalent to, or more effective in, lessening or avoiding significant effects on the environment and that does not cause any potentially significant effect on the environment. (Amended by Stats. 2025, Ch. 106, Sec. 12. (AB 149) Effective September 17, 2025.)
  171. 21080.01.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.6. General [21080 - 21098] ( Chapter 2.6 added by Stats. 1972, Ch. 1154. )

    Verify source ↗

    This division does not apply to activities or approvals needed to reopen and operate the California Men’s Colony West Facility.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.6. General [21080 - 21098] ( Chapter 2.6 added by Stats. 1972, Ch. 1154. ) ## 21080.01. This division shall not apply to any activity or approval necessary for the reopening and operation of the California Men’s Colony West Facility in San Luis Obispo County. (Added by Stats. 1983, Ch. 958, Sec. 6.5. Effective September 20, 1983.)
  172. 21080.02.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.6. General [21080 - 21098] ( Chapter 2.6 added by Stats. 1972, Ch. 1154. )

    Verify source ↗

    This division does not apply to activities or approvals needed for, or incidental to, the new prison facility near Corcoran in Kings County.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.6. General [21080 - 21098] ( Chapter 2.6 added by Stats. 1972, Ch. 1154. ) ## 21080.02. This division shall not apply to any activity or approval necessary for or incidental to planning, design, site acquisition, construction, operation, or maintenance of the new prison facility at or in the vicinity of Corcoran in Kings County as authorized by the act that enacted this section. (Added by Stats. 1985, Ch. 931, Sec. 3. Effective September 25, 1985.)
  173. 21080.03.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.6. General [21080 - 21098] ( Chapter 2.6 added by Stats. 1972, Ch. 1154. )

    Verify source ↗

    This division does not apply to activities or approvals needed for, or incidental to, the Kings County prison and the Amador County (Ione) prison.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.6. General [21080 - 21098] ( Chapter 2.6 added by Stats. 1972, Ch. 1154. ) ## 21080.03. This division shall not apply to any activity or approval necessary for or incidental to the location, development, construction, operation, or maintenance of the prison in the County of Kings, authorized by Section 9 of Chapter 958 of the Statutes of 1983, as amended, and of the prison in the County of Amador (Ione), authorized by Chapter 957 of the Statutes of 1983, as amended. (Added by Stats. 1985, Ch. 931, Sec. 4. Effective September 25, 1985.)
  174. 21080.04.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.6. General [21080 - 21098] ( Chapter 2.6 added by Stats. 1972, Ch. 1154. )

    Verify source ↗

    This section makes CEQA apply to a specified passenger rail project and treats the Public Utilities Commission as the lead agency for that project.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.6. General [21080 - 21098] ( Chapter 2.6 added by Stats. 1972, Ch. 1154. ) ## 21080.04. (a) Notwithstanding paragraph (10) of subdivision (b) of Section 21080, this division applies to a project for the institution of passenger rail service on a line paralleling State Highway 29 and running from Rocktram to Krug in the Napa Valley. With respect to that project, and for the purposes of this division, the Public Utilities Commission is the lead agency. (b) It is the intent of the Legislature in enacting this section to abrogate the decision of the California Supreme Court “that Section 21080, subdivision (b)(11), exempts Wine Train’s institution of passenger service on the Rocktram-Krug line from the requirements of CEQA” in Napa Valley Wine Train, Inc. v. Public Utilities Com., 50 Cal. 3d 370. (c) Nothing in this section is intended to affect or apply to, or to confer jurisdiction upon the Public Utilities Commission with respect to, any other project involving rail service. (Amended by Stats. 1995, Ch. 91, Sec. 142. Effective January 1, 1996.)
  175. 21080.05.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.6. General [21080 - 21098] ( Chapter 2.6 added by Stats. 1972, Ch. 1154. )

    Verify source ↗

    This division does not apply to certain public-agency projects to lease or purchase specified rail right-of-way for the San Francisco Peninsula commute service.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.6. General [21080 - 21098] ( Chapter 2.6 added by Stats. 1972, Ch. 1154. ) ## 21080.05. This division does not apply to a project by a public agency to lease or purchase the rail right-of-way used for the San Francisco Peninsula commute service between San Francisco and San Jose, together with all branch and spur lines, including the Dumbarton and Vasona lines. (Added by Stats. 1989, Ch. 1283, Sec. 2.)
  176. 21080.07.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.6. General [21080 - 21098] ( Chapter 2.6 added by Stats. 1972, Ch. 1154. )

    Verify source ↗

    This section says the division does not apply to certain activities or approvals tied to planning, design, acquisition, construction, operation, or maintenance of the new prison facilities in Riverside County or Del Norte County.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.6. General [21080 - 21098] ( Chapter 2.6 added by Stats. 1972, Ch. 1154. ) ## 21080.07. This division shall not apply to any activity or approval necessary for or incidental to planning, design, site acquisition, construction, operation, or maintenance of the new prison facilities located in any of the following places: (a) The County of Riverside. (b) The County of Del Norte. (Added by Stats. 1985, Ch. 933, Sec. 2.6. Effective September 25, 1985.)
  177. 21080.085.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.6. General [21080 - 21098] ( Chapter 2.6 added by Stats. 1972, Ch. 1154. )

    Verify source ↗

    This section says the division generally does not apply to certain rezonings, but it excludes rezonings for distribution centers, oil and gas infrastructure, and construction in natural and protected lands.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.6. General [21080 - 21098] ( Chapter 2.6 added by Stats. 1972, Ch. 1154. ) ## 21080.085. (a) This division does not apply to a rezoning that implements the schedule of actions contained in an approved housing element pursuant to subdivision (c) of Section 65583 of the Government Code. (b) (1) Subdivision (a) does not apply to either of the following: (A) A rezoning that would allow for the construction of a distribution center or for oil and gas infrastructure. (B) A rezoning that would allow for construction to occur within the boundaries of any natural and protected lands as defined pursuant to Section 21067.5. (2) (A) (i) Subdivision (a) applies to a rezoning that contains within its boundaries any natural and protected lands as defined pursuant to Section 21067.5 if those natural and protected lands are excluded from the rezoning. (ii) The definition of “natural and protected lands” described in clause (i) does not include the lands described in subdivision (p) of Section 21067.5. (B) The rezoning of any parcel or portions of a parcel that is excluded from a rezoning under this paragraph shall be a separate project that is subject to this division. (Added by Stats. 2025, Ch. 24, Sec. 6. (SB 131) Effective June 30, 2025.)
  178. 21080.09.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.6. General [21080 - 21098] ( Chapter 2.6 added by Stats. 1972, Ch. 1154. )

    Verify source ↗

    This section defines “public higher education” and “long-range development plan,” and says certain campus-location, plan-approval, and campus-population issues must be handled under this division with environmental review.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.6. General [21080 - 21098] ( Chapter 2.6 added by Stats. 1972, Ch. 1154. ) ## 21080.09. (a) For purposes of this section, the following definitions apply: (1) “Public higher education” has the same meaning as specified in Section 66010 of the Education Code. (2) “Long-range development plan” means a physical development and land use plan to meet the academic and institutional objectives for a particular campus or medical center of public higher education. (b) The selection of a location for a particular campus and the approval of a long-range development plan are subject to this division and require the preparation of an environmental impact report. (c) The approval of a project on a particular campus or medical center of public higher education is subject to this division and may be addressed, subject to the other provisions of this division, in a tiered environmental analysis based upon a long-range development plan environmental impact report. (d) Compliance with this section satisfies the obligations of public higher education pursuant to this division to consider the environmental impact of academic and campus population plans as they affect campuses or medical centers, provided that any such plans shall become effective for a campus or medical center only after the environmental effects of those plans have been analyzed as required by this division in a long-range development plan environmental impact report or tiered analysis based upon that environmental impact report for that campus or medical center, and addressed as required by this division. Enrollment or changes in enrollment, by themselves, do not constitute a project as defined in Section 21065. (e) (1) If a court determines that increases in campus population exceed the projections adopted in the most recent long-range development plan and analyzed in the supporting environmental impact report, and those increases result in significant environmental impacts, the court may order the campus or medical center to prepare a new, supplemental, or subsequent environmental impact report. Only if a new, supplemental, or subsequent environmental impact report has not been certified within 18 months of that order, the court may, pursuant to Sections 525 and 526 of the Code of Civil Procedure, enjoin increases in campus population that exceed the projections adopted in the most recent long-range development plan and analyzed in the supporting environmental impact report. (2) Notwithstanding any other provision of this division, any injunction or judgment in effect as of the effective date of this subdivision suspending or otherwise affecting enrollment shall be unenforceable. (3) The amendments made to this section by Senate Bill 118 of the 2021–22 Regular Session shall apply retroactively to any decision related to enrollment or changes in enrollment made before the effective date of that bill. (Amended by Stats. 2022, Ch. 10, Sec. 1. (SB 118) Effective March 14, 2022.)
  179. 21080.091.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.6. General [21080 - 21098] ( Chapter 2.6 added by Stats. 1972, Ch. 1154. )

    Verify source ↗

    UC and CSU are exempt from conducting the specified “no project” alternative analysis for certain development projects if the listed conditions are met.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.6. General [21080 - 21098] ( Chapter 2.6 added by Stats. 1972, Ch. 1154. ) ## 21080.091. The University of California and the California State University are not required to conduct a “no project” alternative analysis described in subdivision (e) of Section 15126.6 of Title 14 of the California Code of Regulations in an environmental impact report, a supplemental environmental impact report, or an addendum for a development project, for which the University of California or the California State University, respectively, is the lead agency, if all of the following conditions are met: (a) The lead agency finds that the development project is necessary to achieve the campus’ share of the enrollment goals set forth in Section 66002 of the Education Code. (b) The University of California or the California State University, respectively, has provided the forecast of changes in enrollment levels for purposes of developing the most recent proposed methodology that allocates regional housing needs pursuant to paragraph (9) of subdivision (e) of Section 65584.04 of the Government Code. (c) One of the following conditions is satisfied: (1) The development project is consistent with Section 67504 of the Education Code and Section 21080.09 of this code. (2) The development project is deemed by the applicable transportation planning agency designated under Sections 29532 and 29532.1 of the Government Code as consistent with the use designation, density, building intensity, and applicable policies specified for the area of the development project in either a sustainable communities strategy or an alternative planning strategy, for which the State Air Resources Board has accepted the metropolitan planning organization’s determination that the strategy would, if implemented, achieve the greenhouse gas emission reduction targets established by the State Air Resources Board, pursuant to clause (ii) of subparagraph (J) of paragraph (2) of subdivision (b) of Section 65080 of the Government Code. The written determination that the project is consistent shall be submitted by the metropolitan planning organization. (Added by Stats. 2025, Ch. 517, Sec. 5. (SB 486) Effective January 1, 2026.)
  180. 21080.1.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.6. General [21080 - 21098] ( Chapter 2.6 added by Stats. 1972, Ch. 1154. )

    Verify source ↗

    The lead agency must decide whether a project is exempt and what environmental review is required, and for certain housing projects it may have to limit review to effects from a single condition and provide pre-application consultation on request.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.6. General [21080 - 21098] ( Chapter 2.6 added by Stats. 1972, Ch. 1154. ) ## 21080.1. (a) The lead agency shall be responsible for determining whether the project is exempt from this division and whether an environmental impact report, a negative declaration, or a mitigated negative declaration shall be required for any project that is subject to this division. That determination shall be final and conclusive on all persons, including responsible agencies, unless challenged as provided in Section 21167. (b) (1) If a proposed housing development project would otherwise be exempt from this division pursuant to a statutory exemption, or categorical exemption pursuant to Class 1 to 5, inclusive, 12, 15, 20, 27, 30, or 32 that is adopted before January 1, 2026, but for a single condition detailed in the statutory exemption or in Section 15300.2, 15301, 15302, 15303, 15304, 15305, 15312, 15315, 15320, 15322, 15327, 15330, or 15332 of Title 14 of the California Code of Regulations, as applicable, the application of this division to the approval of the proposed housing development project shall be limited to effects upon the environment that are caused solely by that single condition. (2) An initial study or environmental impact report prepared for a housing development project subject to this subdivision is only required to examine those effects that the lead agency determines, based upon substantial evidence in the record, are caused solely by the single condition that makes the proposed housing development project ineligible for the statutory exemption or categorical exemption. (3) An environmental impact report for a housing development project subject to this subdivision is not required to include any discussion of alternatives to the housing development project or the growth-inducing impacts of the housing development project. (4) This subdivision does not apply to any of the following housing development projects: (A) A proposed housing development project that is not similar in kind to the projects listed in the statutory or categorical exemption. (B) A proposed housing development project that is ineligible for the statutory exemption or categorical exemption due to two or more conditions. (C) A proposed housing development project that includes a distribution center or oil and gas infrastructure. (D) (i) A proposed housing development project located on natural and protected lands, as defined pursuant to Section 21067.5. (ii) The definition of “natural and protected lands” described in clause (i) does not include the lands described in subdivision (o) of Section 21067.5. (E) The project site or the parcel size exceeds four acres, and either of the following occurred: (i) The project is a builder’s remedy project, as defined in paragraph (11) of subdivision (h) of Section 65589.5 of the Government Code. (ii) The project applicant applied pursuant to paragraph (5) of subdivision (d) of Section 65589.5 of the Government Code as it read before January 1, 2025. (5) For purposes of this subdivision, the following definitions apply: (A) “Condition” means a physical or regulatory feature of the project or its setting or an effect upon the environment caused by the project. (B) “Housing development project” has the same meaning as defined in Section 65589.5 of the Government Code. (c) In the case of a project described in subdivision (c) of Section 21065, the lead agency shall, upon the request of a potential applicant, provide for consultation before the filing of the application regarding the range of actions, potential alternatives, mitigation measures, and any potential and significant effects on the environment of the project. (Amended by Stats. 2025, Ch. 650, Sec. 7. (SB 158) Effective October 11, 2025.)
  181. 21080.10.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.6. General [21080 - 21098] ( Chapter 2.6 added by Stats. 1972, Ch. 1154. )

    Verify source ↗

    This division does not apply to certain time extensions, some housing-finance actions, or local agency contracts for homelessness services.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.6. General [21080 - 21098] ( Chapter 2.6 added by Stats. 1972, Ch. 1154. ) ## 21080.10. This division does not apply to any of the following: (a) An extension of time, granted pursuant to Section 65361 of the Government Code, for the preparation and adoption of one or more elements of a city or county general plan. (b) Actions taken by the Department of Housing and Community Development, the California Housing Finance Agency, or a local agency not acting as the lead agency to provide financial assistance or insurance for the development and construction of residential housing for persons and families of low or moderate income, as defined in Section 50093 of the Health and Safety Code, if the project that is the subject of the application for financial assistance or insurance will be reviewed pursuant to this division by another public agency. (c) (1) Actions taken by a local agency to approve a contract for providing services for people experiencing homelessness. (2) The services described in paragraph (1) may include, but are not limited to, case management, resource navigation, security services, residential services, and counseling services. (Amended by Stats. 2024, Ch. 188, Sec. 1. (SB 1361) Effective January 1, 2025.)
  182. 21080.11.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.6. General [21080 - 21098] ( Chapter 2.6 added by Stats. 1972, Ch. 1154. )

    Verify source ↗

    This division does not apply to title and boundary settlements by the State Lands Commission, or to related exchanges or leases.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.6. General [21080 - 21098] ( Chapter 2.6 added by Stats. 1972, Ch. 1154. ) ## 21080.11. This division shall not apply to settlements of title and boundary problems by the State Lands Commission and to exchanges or leases in connection with those settlements. (Added by Stats. 1982, Ch. 1463, Sec. 6.)
  183. 21080.12.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.6. General [21080 - 21098] ( Chapter 2.6 added by Stats. 1972, Ch. 1154. )

    Verify source ↗

    This division does not apply to certain financial assistance actions by the Office of Planning and Research and its subsidiary entities when the project will be reviewed by another public agency or by a tribe using its own environmental-impact process.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.6. General [21080 - 21098] ( Chapter 2.6 added by Stats. 1972, Ch. 1154. ) ## 21080.12. (a) This division does not apply to actions of the Office of Planning and Research and its subsidiary entities to provide financial assistance for planning, research, or project implementation related to land use or climate resiliency, adaptation, or mitigation if the project that is the subject of the application for financial assistance will be reviewed by another public agency pursuant to this division or by a tribe pursuant to an alternative process or program the tribe implements for evaluating environmental impacts. (b) The Legislature finds and declares that the exemption set forth in subdivision (a) is appropriate due to the unique role that the Office of Planning and Research plays in the administration of this division. (Added by Stats. 2023, Ch. 45, Sec. 45. (AB 127) Effective July 10, 2023.)
  184. 21080.13.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.6. General [21080 - 21098] ( Chapter 2.6 added by Stats. 1972, Ch. 1154. )

    Verify source ↗

    This section excludes certain railroad grade separation projects from the division, and requires state or local agencies to file notices when they decide a covered project is not subject to the division and will go forward.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.6. General [21080 - 21098] ( Chapter 2.6 added by Stats. 1972, Ch. 1154. ) ## 21080.13. (a) This division shall not apply to any railroad grade separation project that eliminates an existing grade crossing or that reconstructs an existing grade separation. (b) (1) Whenever a state agency determines that a project is not subject to this division pursuant to this section, and it approves or determines to carry out the project, the state agency shall file a notice with the Office of Planning and Research in the manner specified in subdivisions (b) and (c) of Section 21108. (2) Whenever a local agency determines that a project is not subject to this division pursuant to this section, and it approves or determines to carry out the project, the local agency shall file a notice with the Office of Planning and Research and with the county clerk in each county in which the project will be located in the manner specified in subdivisions (b) and (c) of Section 21152. (Amended by Stats. 2015, Ch. 143, Sec. 1. (SB 348) Effective January 1, 2016.)
  185. 21080.17.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.6. General [21080 - 21098] ( Chapter 2.6 added by Stats. 1972, Ch. 1154. )

    Verify source ↗

    This division does not apply when a city or county adopts an ordinance to implement certain Government Code provisions.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.6. General [21080 - 21098] ( Chapter 2.6 added by Stats. 1972, Ch. 1154. ) ## 21080.17. This division does not apply to the adoption of an ordinance by a city or county to implement Section 65852.1 of, or Article 2 (commencing with Section 66314) or Article 3 (commencing with Section 66333) of Chapter 13 of Division 1 of Title 7 of, the Government Code. (Amended by Stats. 2024, Ch. 210, Sec. 1. (AB 3057) Effective January 1, 2025.)
  186. 21080.18.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.6. General [21080 - 21098] ( Chapter 2.6 added by Stats. 1972, Ch. 1154. )

    Verify source ↗

    This division does not apply to closing a public school that serves kindergarten through grade 12, or to transferring students from that school, if the only physical changes are categorically exempt under the listed environmental code provision.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.6. General [21080 - 21098] ( Chapter 2.6 added by Stats. 1972, Ch. 1154. ) ## 21080.18. This division does not apply to the closing of any public school in which kindergarten or any of grades 1 through 12 is maintained or the transfer of students from that public school to another school if the only physical changes involved are categorically exempt under Chapter 3 (commencing with Section 15000) of Division 6 of Title 14 of the California Administrative Code. (Amended by Stats. 1986, Ch. 1316, Sec. 1.)
  187. 21080.19.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.6. General [21080 - 21098] ( Chapter 2.6 added by Stats. 1972, Ch. 1154. )

    Verify source ↗

    This division does not apply to projects that restripe streets or highways to relieve traffic congestion.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.6. General [21080 - 21098] ( Chapter 2.6 added by Stats. 1972, Ch. 1154. ) ## 21080.19. This division does not apply to a project for restriping of streets or highways to relieve traffic congestion. (Added by Stats. 1984, Ch. 750, Sec. 1.)
  188. 21080.2.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.6. General [21080 - 21098] ( Chapter 2.6 added by Stats. 1972, Ch. 1154. )

    Verify source ↗

    The lead agency must make the required determination within 30 days after receiving a complete project application, subject to a possible 15-day extension with consent.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.6. General [21080 - 21098] ( Chapter 2.6 added by Stats. 1972, Ch. 1154. ) ## 21080.2. In the case of a project described in subdivision (c) of Section 21065, the determination required by Section 21080.1 shall be made within 30 days from the date on which an application for a project has been received and accepted as complete by the lead agency. This period may be extended 15 days upon the consent of the lead agency and the project applicant. (Amended by Stats. 1984, Ch. 586, Sec. 1.)
  189. 21080.20.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.6. General [21080 - 21098] ( Chapter 2.6 added by Stats. 1972, Ch. 1154. )

    Verify source ↗

    Some projects are exempt from this division, but the lead agency must hold noticed public hearings before deciding the exemption applies.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.6. General [21080 - 21098] ( Chapter 2.6 added by Stats. 1972, Ch. 1154. ) ## 21080.20. (a) (1) (A) This division does not apply to an active transportation plan, a pedestrian plan, or a bicycle transportation plan for the restriping of streets and highways, bicycle parking and storage, signal timing to improve street and highway intersection operations, and the related signage for bicycles, pedestrians, and vehicles. (B) This division does not apply to a transit comprehensive operational analysis, transit route readjustment, or other transit agency route addition, elimination, or modification. (2) An active transportation plan or pedestrian plan is encouraged to include the consideration of environmental factors, but that consideration does not inhibit or preclude the application of this section. (3) An individual project that is a part of an active transportation plan, pedestrian plan, or transit comprehensive operational analysis remains subject to this division unless another exemption applies to that project. (b) Before determining that a project described in subdivision (a) is exempt pursuant to this section, the lead agency shall hold noticed public hearings in areas affected by the project to hear and respond to public comments. Publication of the notice shall be no fewer times than required by Section 6061 of the Government Code by the public agency in a newspaper of general circulation in the area affected by the proposed project. If more than one area will be affected, the notice shall be published in the newspaper of largest circulation from among the newspapers of general circulation in those areas. (c) If a local agency determines that a project is not subject to this division pursuant to this section and it determines to approve or carry out that project, the notice shall be filed with the Office of Land Use and Climate Innovation and the county clerk in the county in which the project is located in the manner specified in subdivisions (b) and (c) of Section 21152. (d) For purposes of this section, the following definitions apply: (1) “Active transportation plan” means a plan developed by a local jurisdiction that promotes and encourages people to choose walking, bicycling, or rolling through the creation of safe, comfortable, connected, and accessible walking, bicycling, or rolling networks, and encourages alternatives to single-occupancy vehicle trips. (2) “Pedestrian plan” means a plan developed by a local jurisdiction that establishes a comprehensive, coordinated approach to improving pedestrian infrastructure and safety. (3) “Transit comprehensive operational analysis” means a plan that redesigns or modifies a transit operator’s or local agency’s public transit service network, including the routing of fixed route and microtransit services. (Amended by Stats. 2025, Ch. 742, Sec. 1. (SB 71) Effective January 1, 2026.)
  190. 21080.21.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.6. General [21080 - 21098] ( Chapter 2.6 added by Stats. 1972, Ch. 1154. )

    Verify source ↗

    This division does not apply to certain short pipeline projects under one mile in public streets, highways, or other public rights-of-way.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.6. General [21080 - 21098] ( Chapter 2.6 added by Stats. 1972, Ch. 1154. ) ## 21080.21. This division does not apply to any project of less than one mile in length within a public street or highway or any other public right-of-way for the installation of a new pipeline or the maintenance, repair, restoration, reconditioning, relocation, replacement, removal, or demolition of an existing pipeline. For purposes of this section, “pipeline” includes subsurface facilities but does not include any surface facility related to the operation of the underground facility. (Amended by Stats. 2019, Ch. 466, Sec. 4. (AB 1824) Effective January 1, 2020.)
  191. 21080.22.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.6. General [21080 - 21098] ( Chapter 2.6 added by Stats. 1972, Ch. 1154. )

    Verify source ↗

    This section exempts certain local government activities and approvals needed to prepare general plan amendments from this division, but keeps Delta Protection Commission approval of general plan amendments subject to this division.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.6. General [21080 - 21098] ( Chapter 2.6 added by Stats. 1972, Ch. 1154. ) ## 21080.22. (a) This division does not apply to activities and approvals by a local government necessary for the preparation of general plan amendments pursuant to Section 29763, except that the approval of general plan amendments by the Delta Protection Commission is subject to the requirements of this division. (b) For purposes of Section 21080.5, a general plan amendment is a plan required by the regulatory program of the Delta Protection Commission. (Added by Stats. 1992, Ch. 898, Sec. 1. Effective January 1, 1993.)
  192. 21080.23.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.6. General [21080 - 21098] ( Chapter 2.6 added by Stats. 1972, Ch. 1154. )

    Verify source ↗

    This section exempts certain existing pipeline projects from this division if they meet listed conditions, and it requires notice and compliance steps when the exemption applies.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.6. General [21080 - 21098] ( Chapter 2.6 added by Stats. 1972, Ch. 1154. ) ## 21080.23. (a) This division does not apply to any project which consists of the inspection, maintenance, repair, restoration, reconditioning, relocation, replacement, or removal of an existing pipeline, as defined in subdivision (a) of Section 51010.5 of the Government Code, or any valve, flange, meter, or other piece of equipment that is directly attached to the pipeline, if the project meets all of the following conditions: (1) (A) The project is less than eight miles in length. (B) Notwithstanding subparagraph (A), actual construction and excavation activities undertaken to achieve the maintenance, repair, restoration, reconditioning, relocation, replacement, or removal of an existing pipeline are not undertaken over a length of more than one-half mile at any one time. (2) The project consists of a section of pipeline that is not less than eight miles from any section of pipeline that has been subject to an exemption pursuant to this section in the past 12 months. (3) The project is not solely for the purpose of excavating soil that is contaminated by hazardous materials, and, to the extent not otherwise expressly required by law, the party undertaking the project immediately informs the lead agency of the discovery of contaminated soil. (4) To the extent not otherwise expressly required by law, the person undertaking the project has, in advance of undertaking the project, prepared a plan that will result in notification of the appropriate agencies so that they may take action, if determined to be necessary, to provide for the emergency evacuation of members of the public who may be located in close proximity to the project. (5) Project activities are undertaken within an existing right-of-way and the right-of-way is restored to its condition prior to the project. (6) The project applicant agrees to comply with all conditions otherwise authorized by law, imposed by the city or county planning department as part of any local agency permit process, that are required to mitigate potential impacts of the proposed project, and to otherwise comply with the Keene-Nejedly California Wetlands Preservation Act (Chapter 7 (commencing with Section 5810) of Division 5), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), and other applicable state laws, and with all applicable federal laws. (b) If a project meets all of the requirements of subdivision (a), the person undertaking the project shall do all of the following: (1) Notify, in writing, any affected public agency, including, but not limited to, any public agency having permit, land use, environmental, public health protection, or emergency response authority of the exemption of the project from this division by subdivision (a). (2) Provide notice to the public in the affected area in a manner consistent with paragraph (3) of subdivision (b) of Section 21092. (3) In the case of private rights-of-way over private property, receive from the underlying property owner permission for access to the property. (4) Comply with all conditions otherwise authorized by law, imposed by the city or county planning department as part of any local agency permit process, that are required to mitigate potential impacts of the proposed project, and otherwise comply with the Keene-Nejedly California Wetlands Preservation Act (Chapter 7 (commencing with Section 5810) of Division 5), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), and other applicable state laws, and with all applicable federal laws. (c) This section does not apply to either of the following: (1) A project in which the diameter of the pipeline is increased. (2) A project undertaken within the boundaries of an oil refinery. (Amended by Stats. 2012, Ch. 548, Sec. 3. (AB 2669) Effective January 1, 2013.)
  193. 21080.24.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.6. General [21080 - 21098] ( Chapter 2.6 added by Stats. 1972, Ch. 1154. )

    Verify source ↗

    This section says this division does not apply to certain permit actions by air pollution control districts or air quality management districts, unless the permit authorizes a physical or operational change to a source or facility.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.6. General [21080 - 21098] ( Chapter 2.6 added by Stats. 1972, Ch. 1154. ) ## 21080.24. This division does not apply to the issuance, modification, amendment, or renewal of a permit by an air pollution control district or air quality management district pursuant to Title V, as defined in Section 39053.3 of the Health and Safety Code, or pursuant to a district Title V program established pursuant to Sections 42301.10, 42301.11, and 42301.12 of the Health and Safety Code, unless the issuance, modification, amendment, or renewal authorizes a physical or operational change to a source or facility. (Amended by Stats. 2012, Ch. 548, Sec. 4. (AB 2669) Effective January 1, 2013.)
  194. 21080.25.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.6. General [21080 - 21098] ( Chapter 2.6 added by Stats. 1972, Ch. 1154. )

    Verify source ↗

    This section defines terms and sets conditions for certain public projects to qualify for exemption from this division, including approval, notice, workforce, meeting, and mitigation requirements.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.6. General [21080 - 21098] ( Chapter 2.6 added by Stats. 1972, Ch. 1154. ) ## 21080.25. (a) For purposes of this section, the following definitions apply: (1) “Affordable housing” means any of the following: (A) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents or sales prices to levels affordable, as defined in Section 50052.5 or 50053 of the Health and Safety Code, to persons and families of moderate, lower, or very low income, as defined in Section 50079.5, 50093, or 50105 of the Health and Safety Code, respectively. (B) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power. (C) Housing that had been occupied by tenants within five years from the date of approval of the development agreement by a primary tenant who was low income and did not leave voluntarily. (2) “Bicycle facilities” includes, but is not limited to, bicycle parking, bicycle sharing facilities, and bikeways as defined in Section 890.4 of the Streets and Highways Code. (3) “High-occupancy vehicle” means a vehicle with three or more occupants. (4) “Highway” means a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. “Highway” includes a street. (5) “Local agency” means a public transit operator, city, county, city and county, special district, joint powers authority, local or regional transportation agency, or congestion management agency. (6) “Part-time transit lanes” means designated highway shoulders that support the operation of transit vehicles during specified times and are not open to nonpublic transit vehicles at any time. (7) “Project labor agreement” has the same meaning as defined in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code. (8) “Public transit operator” has the same meaning as “operator” in Section 99210 of the Public Utilities Code, or means a public entity that provides contracted paratransit services. (9) “Skilled and trained workforce” has the same meaning as provided in Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code. (10) “Transit lanes” means street design elements that delineate space within the roadbed as exclusive to transit use, either full or part time. (11) “Transit prioritization projects” means any of the following transit project types on highways or in the public right-of-way: (A) Signal and sign changes, such as signal coordination, signal timing modifications, signal modifications, or the installation of traffic signs or new signals. (B) The installation of wayside technology and onboard technology. (C) The installation of ramp meters. (D) The conversion to dedicated transit lanes, including transit queue jump or bypass lanes, shared turning lanes and turn restrictions, the narrowing of lanes to allow for dedicated transit lanes or transit reliability improvements, or the widening of existing transit travel lanes by removing or restricting street parking. (E) Transit stop access and safety improvements, including, but not limited to, the installation of bus shelters, lighting, transit bulbs, and the installation of transit boarding landings and islands. (12) “Transportation demand management program” means a specific program of strategies, incentives, and tools to be implemented, including, with specified annual status reporting obligations, to reduce vehicle trips by providing opportunities for the public to choose sustainable travel options, such as transit, bicycle riding, or walking. A specific program of strategies, incentives, and tools includes, but is not limited to, any of the following: (A) Provision of onsite electric vehicle charging stations in excess of applicable requirements. (B) Provision of dedicated parking for car share or zero-emission vehicles, or both types of vehicles, in excess of applicable requirements. (C) Provision of bicycle parking in excess of applicable requirements. (b) This division does not apply to any of the following projects: (1) Pedestrian and bicycle facilities that improve safety, access, or mobility, including new facilities, within the public right-of-way. (2) Projects that improve customer information and wayfinding for transit riders, bicyclists, or pedestrians within the public right-of-way. (3) Transit prioritization projects. (4) A project for the designation and conversion of general purpose lanes to high-occupancy vehicle lanes or bus-only lanes, or highway shoulders to part-time transit lanes, for use either during peak congestion hours or all day on highways with existing public transit service or where a public transit agency will be implementing public transit service as identified in a short-range transit plan. (5) (A) A public project for the protection, improvement, institution, or increase of microtransit, paratransit, shuttle, bus, ferry, bus rapid transit, or light rail service, including the protection, maintenance, construction, operation, or rehabilitation of stops, stations, terminals, or existing operations facilities, which will be exclusively used by zero-emission, near-zero-emission, low oxide of nitrogen engine, compressed natural gas fuel, fuel cell, or hybrid powertrain vehicles, rail or cable cars, rolling stock, or vessels. The project shall be located entirely within an existing public right-of-way or existing highway right-of-way, whether or not the right-of-way is in use for rail or public mass transit and is wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau. (B) A public project otherwise identified in subparagraph (A) shall not apply to the exemption pursuant to this paragraph after January 1, 2032, if used primarily by near-zero-emission, low oxide of nitrogen engine, compressed natural gas fuel, or hybrid powertrain vehicles. This subparagraph shall not apply to a public project otherwise identified in subparagraph (A) used by articulated buses. (C) A public project for the construction or rehabilitation of a ferry terminal that a lead agency has submitted a notice of preparation for an environmental impact report pursuant to Section 21092 before January 1, 2026, shall not apply to the exemption pursuant to this paragraph. (D) A public project for transit services operated by a transportation network company, as defined in Section 5431 of the Public Utilities Code, shall not apply to the exemption pursuant to this paragraph, unless the services are operated by a microtransit provider contracted by the lead agency that uses a managed fleet of multipassenger vehicles dedicated to that service. (6) (A) A public project for the improvement, institution, or increase of passenger rail service, other than light rail service eligible under paragraph (5), including the maintenance, construction, or rehabilitation of stations, terminals, or existing operations facilities, which will be exclusively used by zero-emission trains or certified Tier 4 or cleaner rolling stock or locomotives, as provided in Section 1033.101 of Title 40 of the Code of Federal Regulations. The project shall be located entirely within an existing rail right-of-way or existing highway right-of-way, whether or not the right-of-way is in use for passenger rail transit. (B) A public project otherwise identified in subparagraph (A) shall not be eligible for the exemption pursuant to this paragraph if used by certified Tier 4 or cleaner rolling stock or locomotives that are not zero-emission rolling stock or locomotives and the project is located in an air basin designated as a serious, severe, or extreme nonattainment area for particulate matter and ozone. (7) (A) A public project to construct or maintain infrastructure or facilities to charge, refuel, power, or maintain zero-emission public transit buses, trains, or ferries, provided the project is carried out by a public transit agency and the project is any of the following: (i) Located on property owned, leased, or operated by the local agency. (ii) Located within an existing public right-of-way. (iii) Located on property owned by a public or private utility within an urbanized area. (B) A lead agency applying an exemption pursuant to this paragraph for hydrogen refueling infrastructure or facilities necessary to refuel or maintain zero-emission public transit buses, trains, or ferries shall comply with clauses (i), (iii), and (iv) of subparagraph (D) of, and with subparagraph (E) of, paragraph (1) of subdivision (d). (8) The maintenance, repair, relocation, replacement, or removal of any utility infrastructure associated with a project identified in paragraphs (1) to (7), inclusive. (9) A project that consists exclusively of a combination of any of the components of a project identified in paragraphs (1) to (8), inclusive. (10) (A) A project that combines a project identified in paragraphs (1) to (8), inclusive, and a housing development project that is either subject to a nondiscretionary approval or is exempt from this division. (B) This paragraph does not exempt the housing development project described in subparagraph (A) from any other applicable requirements under any other law. (11) A planning decision carried out by a local agency to reduce or eliminate minimum parking requirements or institute parking maximums, remove or restrict parking, or implement transportation demand management requirements or programs. (c) Except as provided in subdivision (g), a project exempt from this division under this section shall meet all of the following criteria: (1) (A) A local agency is carrying out the project and is the lead agency for the project. (B) The lead agency shall take an action to approve a project as follows: (i) The lead agency’s governing board shall take an action at a public meeting. (ii) Notwithstanding clause (i), if a lead agency has an alternative project approval process for a project subject to subdivision (b), it may instead follow that alternative process. (2) The project does not induce single-occupancy vehicle trips, add additional highway lanes, widen highways, or add physical infrastructure or striping to highways except for minor modifications needed for the efficient and safe movement of transit vehicles, bicycles, or high-occupancy vehicles, such as extended merging lanes, shoulder improvements, or improvements to the roadway within the existing right-of-way. The project shall not include the addition of any auxiliary lanes. (3) The construction of the project shall not require the demolition of affordable housing units. (d) (1) A project that is exempt from this division under this section that is, based on the project engineer’s cost estimate at the time the local agency takes an action pursuant to subparagraph (B) of paragraph (1) of subdivision (c), anticipated to exceed one hundred million dollars ($100,000,000) shall also meet all of the following criteria: (A) The project is incorporated in a regional transportation plan, sustainable communities strategy, general plan, or other plan that has undergone a programmatic-level environmental review pursuant to this division within 10 years of the approval of the project. (B) The project’s construction impacts are fully mitigated consistent with applicable law. (C) (i) The lead agency shall complete and consider the results of a project business case and a racial equity analysis. The Office of Land Use and Climate Innovation may set guidelines for the project business case and the racial equity analysis or delegate that authority to metropolitan planning organizations. (ii) The racial equity analysis required under this subparagraph shall identify the racial equity impacts of the project, identify who will benefit from and be burdened by the project, and, where significant or disproportionate impacts exist, suggest strategies, designs, or actions to mitigate those impacts. (D) The lead agency shall hold noticed public meetings as follows: (i) Before determining that a project is exempt pursuant to this section, the lead agency shall hold at least three noticed public meetings in the project area to hear and respond to public comments. (ii) At least one of the three public meetings shall review the project business case and the racial equity analysis. The review of these documents does not inhibit or preclude application of this section. (iii) The lead agency shall conduct at least two noticed public meetings annually during project construction for the public to provide comments. (iv) The public meetings held pursuant to clauses (i) to (iii), inclusive, shall be in the form of either a public community planning meeting held in the project area or in the form of a regularly scheduled meeting of the governing body of the lead agency. (E) The lead agency shall give public notice of the meetings in subparagraph (D) to the last known name and address of all the organizations and individuals that have previously requested notice and shall also give the general public notice using at least one of the following procedures: (i) Publication of the notice in a newspaper of general circulation in the area affected by the project. If more than one area will be affected, the notice shall be published in the newspaper of largest circulation from among the newspapers of general circulation in those areas. (ii) Posting of the notice onsite and offsite in the area where the project is located. (iii) Posting of the notice on the lead agency’s internet website and social media accounts. (2) In addition to the requirements of paragraph (1), for a project described in that paragraph for which at least 50 percent of the project or project’s stops and stations are located in an area that is at risk of residential displacement and that will have a maximum of 15-minute peak headways, the local agency shall complete an analysis of residential displacement and suggest antidisplacement strategies, designs, or actions. For a project subject to this paragraph, the lead agency shall define or identify areas at risk of residential displacement. (3) The amount in paragraph (1) shall be adjusted pursuant to subdivision (j). (e) (1) A project that is exempt from this division under this section that is, based on the project engineer’s cost estimate at the time the local agency takes an action pursuant to subparagraph (B) of paragraph (1) of subdivision (c), anticipated to exceed fifty million dollars ($50,000,000) shall also comply with clauses (i), (iii), and (iv) of subparagraph (D) of, and with subparagraph (E) of, paragraph (1) of subdivision (d). (2) The amount in paragraph (1) shall be adjusted pursuant to subdivision (j). (f) (1) (A) Except as provided in subdivision (g), as part of the lead agency’s governing board action pursuant to subparagraph (B) of paragraph (1) of subdivision (c), the lead agency shall certify that the project will be completed by a skilled and trained workforce. (B) Subparagraph (A) does not apply if the lead agency has an existing policy or certification approved by its governing board that requires the use of a skilled and trained workforce to complete the project if the lead agency is a signatory to a project labor agreement that will require the use of a skilled and trained workforce on the project. (2) (A) Except as provided in subparagraph (B), for a project that is exempted under this section, the lead agency shall not enter into a construction contract with any entity unless the entity provides to the lead agency an enforceable commitment that the entity and its subcontractors at every tier will use a skilled and trained workforce to perform all work on the project or a contract that falls within an apprenticeship occupation in the building and construction trades in accordance with Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code. (B) Subparagraph (A) does not apply if any of the following requirements are met: (i) The lead agency has entered into a project labor agreement that will bind all contractors and subcontractors performing work on the project to use a skilled and trained workforce and the entity has agreed to be bound by that project labor agreement. (ii) The project or contract is being performed under the extension or renewal of a project labor agreement that was entered into by the lead agency before January 1, 2021. (iii) The entity contracted to perform the project entered into a project labor agreement that will bind the entity and all its subcontractors at every tier performing the project to use a skilled and trained workforce. (g) Subdivisions (c) and (f) do not apply to a project described in paragraph (11) of subdivision (b). (h) If the lead agency determines that a project is not subject to this division pursuant to this section, and the lead agency determines to carry out that project, the lead agency shall file a notice of exemption with the Office of Land Use and Climate Innovation and the county clerk of the county in which the project is located in the manner specified in subdivisions (b) and (c) of Section 21152. (i) (1) The amendments made to paragraph (5) of subdivision (b) by Chapter 987 of the Statutes of 2022 (Senate Bill 922 of the 2021–22 Regular Session) may apply to projects for which a lead agency has filed a notice of exemption under this section before January 1, 2023. (2) For projects for which a lead agency has filed a notice of exemption under this section before January 1, 2023, notwithstanding subdivision (d), as it read on December 31, 2022, the lead agency may certify that the project will be completed by a skilled and trained workforce after the granting of the exemption under this section or the lead agency may demonstrate compliance with subparagraph (B) of paragraph (1) of subdivision (f). (j) (1) Beginning January 1, 2026, and every two years thereafter, the Office of Land Use and Climate Innovation shall adjust the amounts reflected in paragraph (1) of subdivision (c) and paragraph (1) of subdivision (e) to reflect changes in the Consumer Price Index, as indicated in the Consumer Price Index for All Urban Consumers, as calculated by the Department of Finance based on the United States Bureau of Labor Statistics data for the most recent odd-numbered year, and publish the updated amounts on its internet website. (2) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the Office of Land Use and Climate Innovation may implement, interpret, or make specific this subdivision without taking any regulatory action. (k) This section shall remain in effect only until January 1, 2040, and as of that date is repealed. (Amended by Stats. 2025, Ch. 742, Sec. 2. (SB 71) Effective January 1, 2026. Repealed as of January 1, 2040, by its own provisions.)
  195. 21080.26.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.6. General [21080 - 21098] ( Chapter 2.6 added by Stats. 1972, Ch. 1154. )

    Verify source ↗

    This division does not apply to minor utility alterations made to comply with specified Health and Safety Code sections or related regulations.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.6. General [21080 - 21098] ( Chapter 2.6 added by Stats. 1972, Ch. 1154. ) ## 21080.26. This division does not apply to minor alterations to utilities made for the purposes of complying with Sections 116410 and 116415 of the Health and Safety Code or regulations adopted thereunder. (Amended by Stats. 2017, Ch. 327, Sec. 32. (AB 1438) Effective January 1, 2018.)
  196. 21080.27.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.6. General [21080 - 21098] ( Chapter 2.6 added by Stats. 1972, Ch. 1154. )

    Verify source ↗

    This section defines terms for certain housing projects and sets conditions for prevailing-wage compliance, certification, and notice filing for covered projects.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.6. General [21080 - 21098] ( Chapter 2.6 added by Stats. 1972, Ch. 1154. ) ## 21080.27. (a) For purposes of this section, the following definitions apply: (1) “Affordable cost” has the same meaning as “affordable housing cost” as defined in Section 50052.5 of the Health and Safety Code. (2) “Affordable housing” means a housing development project that meets all of the following: (A) A project with 100 percent of all units in the development, exclusive of a manager’s unit or units, dedicated to lower income households, as described in Section 50052.5 of the Health and Safety Code, at an affordable cost or an affordable rent, except that up to 20 percent of the units in the development may be dedicated to moderate-income households, as defined in Section 50053 of the Health and Safety Code, at an affordable cost or an affordable rent. (B) The units are subject to a recorded deed restriction for affordable rent for a period of 55 years for rental units and for affordable cost for a period of 45 years for owner-occupied units. (C) The project is funded, in whole or in part, by any of the following: (i) The No Place Like Home Program pursuant to Part 3.9 (commencing with Section 5849.1) of Division 5 of the Welfare and Institutions Code. (ii) The Building Homes and Jobs Trust Fund established pursuant to Section 50470 of the Health and Safety Code. (iii) Measure H sales tax proceeds approved by the voters at the March 7, 2017, special election in the County of Los Angeles. (iv) General obligation bonds issued pursuant to Proposition HHH approved by the voters of the City of Los Angeles at the November 8, 2016, statewide general election. (v) The City of Los Angeles Housing Impact Trust Fund. (vi) The program referred to as Homekey, as described in Section 50675.1.1 of the Health and Safety Code. (vii) The Veterans Housing and Homeless Prevention Act of 2014 established pursuant to Article 3.2 (commencing with Section 987.001) of Chapter 6 of Division 4 of the Military and Veterans Code. (viii) The Multifamily Housing Program established pursuant to Chapter 6.7 (commencing with Section 50675) of Part 2 of Division 31 of the Health and Safety Code. (ix) The Infill Infrastructure Grant Program of 2019 established pursuant to Part 12.5 (commencing with Section 53559) of Division 31 of the Health and Safety Code. (x) The California Housing Accelerator program established pursuant to Chapter 6.6 (commencing with Section 50672) of Part 2 of Division 31 of the Health and Safety Code. (xi) The Affordable Housing and Sustainable Communities Program established pursuant to Chapter 2 (commencing with Section 75210) of Part 1 of Division 44. (xii) The City of Los Angeles House LA Fund approved by the voters of the City of Los Angeles at the November 8, 2022, statewide general election. (xiii) Funding distributed by the Los Angeles County Affordable Housing Solutions Agency established pursuant to Title 6.9 (commencing with Section 64700) of the Government Code. (xiv) Funding distributed by the California Debt Limit Allocation Committee and the California Tax Credit Allocation Committee. (D) The housing development project site meets both of the following conditions: (i) The site is located in an urbanized area or urban cluster, as designated by the United States Census Bureau. (ii) If the project is located on a vacant site, the site does not contain tribal cultural resources that could be affected by the development that were found pursuant to a consultation as described by Section 21080.3.1 and the effects of which cannot be mitigated pursuant to the process described in Section 21080.3.2. (E) The housing development project site is not any of the following: (i) A site located within a very high fire hazard severity zone, as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 or as designated pursuant to subdivisions (a) and (b) of Section 51179 of the Government Code. (ii) A site that is either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction. (iii) Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993). (iv) A hazardous waste site that is listed pursuant to Section 65962.5 of the Government Code or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless either of the following apply: (I) The site is an underground storage tank site that received a uniform closure letter issued pursuant to subdivision (g) of Section 25296.10 of the Health and Safety Code based on closure criteria established by the State Water Resources Control Board for residential use or residential mixed uses. This section does not alter or change the conditions to remove a site from the list of hazardous waste sites listed pursuant to Section 65962.5 of the Government Code. (II) The State Department of Public Health, the State Water Resources Control Board, the Department of Toxic Substances Control, or a local agency making a determination pursuant to subdivision (c) of Section 25296.10 of the Health and Safety Code, has otherwise determined that the site is suitable for residential use or residential mixed uses. (v) A site located within a special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this clause and is otherwise eligible for an exemption under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site. A development may be located on a site described in this clause if either of the following are met: (I) The site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction. (II) The site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations. (vi) A site located within a regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this clause and is otherwise eligible for an exemption under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site. (vii) Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan. (viii) Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code). (ix) Lands under conservation easement. (3) “Affordable rent” means a rent amount consistent with the rent limits established by the California Tax Credit Allocation Committee. (4) “Eligible public agency” means any of the following: (A) The County of Los Angeles. (B) The Los Angeles Unified School District. (C) The Los Angeles County Metropolitan Transportation Authority. (D) The Housing Authority of the City of Los Angeles. (E) The Los Angeles Homeless Services Authority. (F) The Los Angeles Community College District. (G) The successor agency for the former Community Redevelopment Agency of the City of Los Angeles. (H) The Department of Transportation. (I) The Department of Parks and Recreation. (J) The Los Angeles County Development Authority. (5) “Housing development project” has the same meaning as defined in subdivision (h) of Section 65589.5 of the Government Code. (6) “Low barrier navigation center” means a low barrier navigation center, as defined in subdivision (a) of Section 65660 of the Government Code, that is funded in whole or in part by any of the following: (A) The Homeless Housing, Assistance, and Prevention program established pursuant to Section 50217 of the Health and Safety Code. (B) Measure H sales tax proceeds approved by the voters at the March 7, 2017, special election in the County of Los Angeles. (C) General obligation bonds issued pursuant to Proposition HHH, approved by the voters of the City of Los Angeles at the November 8, 2016, statewide general election. (D) The program referred to as Homekey, as described in Section 50675.1.1 of the Health and Safety Code. (E) The Encampment Resolution Funding program established pursuant to Section 50251 of the Health and Safety Code. (F) The Building Homes and Jobs Trust Fund established pursuant to Section 50470 of the Health and Safety Code. (G) The Behavioral Health Bridge Housing Program established pursuant to Item 4260-101-0001 of Section 2.00 of the Budget Act of 2022. (H) The Behavioral Health Continuum Infrastructure Program established pursuant to Chapter 1 (commencing with Section 5960) of Part 7 of Division 5 of the Welfare and Institutions Code. (7) “Project labor agreement” has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code. (8) “Supportive housing” means supportive housing, as defined in Section 50675.14 of the Health and Safety Code, that meets the eligibility requirements of Article 11 (commencing with Section 65650) of Chapter 3 of Division 1 of Title 7 of the Government Code or the eligibility requirements for qualified supportive housing or qualified permanent supportive housing set forth in City of Los Angeles Ordinance No. 185,489 or 185,492, and that is funded, in whole or in part, by any of the following: (A) The No Place Like Home Program (Part 3.9 (commencing with Section 5849.1) of Division 5 of the Welfare and Institutions Code). (B) The Building Homes and Jobs Trust Fund established pursuant to Section 50470 of the Health and Safety Code. (C) Measure H sales tax proceeds approved by the voters at the March 7, 2017, special election in the County of Los Angeles. (D) General obligation bonds issued pursuant to Proposition HHH, approved by the voters of the City of Los Angeles at the November 8, 2016, statewide general election. (E) The City of Los Angeles Housing Impact Trust Fund. (F) The program referred to as Homekey, as described in Section 50675.1.1 of the Health and Safety Code. (G) The Veterans Housing and Homeless Prevention Act of 2014 established pursuant to Article 3.2 (commencing with Section 987.001) of Chapter 6 of Division 4 of the Military and Veterans Code. (H) The Multifamily Housing Program established pursuant to Chapter 6.7 (commencing with Section 50675) of Part 2 of Division 31 of the Health and Safety Code. (I) The Infill Infrastructure Grant Program of 2019 established pursuant to Part 12.5 (commencing with Section 53559) of Division 31 of the Health and Safety Code. (J) The California Housing Accelerator program established pursuant to Chapter 6.6 (commencing with Section 50672) of Part 2 of Division 31 of the Health and Safety Code. (K) The Affordable Housing and Sustainable Communities Program established pursuant to Chapter 2 (commencing with Section 75210) of Part 1 of Division 44. (L) The City of Los Angeles House LA Fund approved by the voters of the City of Los Angeles at the November 8, 2022, statewide general election. (M) Funding distributed by the Los Angeles County Affordable Housing Solutions Agency established pursuant to Title 6.9 (commencing with Section 64700) of the Government Code. (N) Funding distributed by the California Debt Limit Allocation Committee and the California Tax Credit Allocation Committee. (9) “Transitional housing projects for youth and young adults” means buildings configured as rental housing developments for youth and young adults, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance, or as defined in Section 65582 of the Government Code, and that is funded, in whole or in part, by any of the following: (A) The Homeless Housing, Assistance, and Prevention program established pursuant to Section 50217 of the Health and Safety Code. (B) Measure H sales tax proceeds approved by the voters at the March 7, 2017, special election in the County of Los Angeles. (C) General obligation bonds issued pursuant to Proposition HHH approved by the voters of the City of Los Angeles at the November 8, 2016, statewide general election. (D) The program referred to as Homekey, as described in Section 50675.1.1 of the Health and Safety Code. (E) The Encampment Resolution Funding program established pursuant to Section 50251 of the Health and Safety Code. (10) “Youth and young adults” means persons between 12 and 24 years of age, inclusive. “Youth and young adults” includes persons who are pregnant and parenting. (b) Subject to subdivision (e), this division does not apply to any of the following activities undertaken by the City of Los Angeles within the City of Los Angeles: (1) The issuance of an entitlement for, or the approval of the construction of, an affordable housing project, a low barrier navigation center, a supportive housing project, or a transitional housing project for youth and young adults. (2) An action to lease, convey, or encumber land for an affordable housing project, a low barrier navigation center, a supportive housing project, or a transitional housing project for youth and young adults. (3) An action to facilitate the lease, conveyance, or encumbrance of land owned or to be purchased for an affordable housing project, a low barrier navigation center, a supportive housing project, or a transitional housing project for youth and young adults. (4) Rezoning, specific plan amendments, or general plan amendments required specifically and exclusively to allow the construction of an affordable housing project, a low barrier navigation center, a supportive housing project, or a transitional housing project for youth and young adults. (5) An action to provide financial assistance in furtherance of implementing an affordable housing project, a low barrier navigation center, a supportive housing project, or a transitional housing project for youth and young adults. (c) Subject to subdivision (e), this division does not apply to any of the following activities undertaken by the County of Los Angeles within the unincorporated areas of the County of Los Angeles or parcels owned by the County of Los Angeles within the City of Los Angeles: (1) The issuance of an entitlement for, or the approval of the construction of, an affordable housing project, a low barrier navigation center, a supportive housing project, or a transitional housing project for youth and young adults. (2) An action to lease, convey, or encumber land for an affordable housing project, a low barrier navigation center, a supportive housing project, or a transitional housing project for youth and young adults. (3) An action to facilitate the lease, conveyance, or encumbrance of land owned or to be purchased for an affordable housing project, a low barrier navigation center, a supportive housing project, or a transitional housing project for youth and young adults. (4) Rezoning, specific plan amendments, or general plan amendments required specifically and exclusively to allow the construction of an affordable housing project, a low barrier navigation center, a supportive housing project, or a transitional housing project for youth and young adults. (5) An action to provide financial assistance in furtherance of implementing an affordable housing project, a low barrier navigation center, a supportive housing project, or a transitional housing project for youth and young adults. (d) Subject to subdivision (e), this division does not apply to any of the following activities undertaken by an eligible public agency in the City of Los Angeles or within the unincorporated areas of the County of Los Angeles: (1) An action to lease, convey, or encumber land for an affordable housing project, a low barrier navigation center, a supportive housing project, or a transitional housing project for youth and young adults. (2) An action to facilitate the lease, conveyance, or encumbrance of land owned or to be purchased for an affordable housing project, a low barrier navigation center, a supportive housing project, or a transitional housing project for youth and young adults. (3) An action to provide financial assistance in furtherance of implementing an affordable housing project, a low barrier navigation center, a supportive housing project, or a transitional housing project for youth and young adults. (e) (1) (A) For an affordable housing project, low barrier navigation center, supportive housing project, or transition housing project for youth and young adults, that is not in its entirety a public work for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code, this section applies only if the project sponsor certifies to the lead agency that all of the following will be met for any construction or rehabilitation work: (i) All construction and rehabilitation workers employed in the execution of the project will be paid at least the general prevailing rate of per diem wages for the type of work and geographic area, as determined by the Director of Industrial Relations pursuant to Sections 1773 and 1773.9 of the Labor Code, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate. (ii) The project sponsor ensures that the prevailing wage requirement is included in all contracts for the performance of the work for those portions of the project that are not a public work. (iii) All contractors and subcontractors for those portions of the project that are not a public work comply with both of the following: (I) Pay to all construction and rehabilitation workers employed in the execution of the work at least the general prevailing rate of per diem wages, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate. (II) Maintain and verify payroll records pursuant to Section 1776 of the Labor Code and make those records available for inspection and copying as provided in that section. This subclause does not apply if all contractors and subcontractors performing work on the project are subject to a project labor agreement that requires the payment of prevailing wages to all construction workers employed in the execution of the project and provides for enforcement of that obligation through an arbitration procedure. (B) (i) The obligation of the contractors and subcontractors to pay prevailing wages pursuant to subparagraph (A) may be enforced by any of the following: (I) The Labor Commissioner through the issuance of a civil wage and penalty assessment pursuant to Section 1741 of the Labor Code, which may be reviewed pursuant to Section 1742 of the Labor Code, within 18 months after the completion of the project. (II) An underpaid worker through an administrative complaint or civil action. (III) A joint labor-management committee through a civil action under Section 1771.2 of the Labor Code. (ii) If a civil wage and penalty assessment is issued pursuant to this subparagraph, the contractor, subcontractor, and surety on a bond or bonds issued to secure the payment of wages covered by the assessment shall be liable for liquidated damages pursuant to Section 1742.1 of the Labor Code. (iii) This subparagraph does not apply if all contractors and subcontractors performing work on the project are subject to a project labor agreement that requires the payment of prevailing wages to all construction workers employed in the execution of the project and provides for enforcement of that obligation through an arbitration procedure. (C) Notwithstanding subdivision (c) of Section 1773.1 of the Labor Code, the requirement that employer payments not reduce the obligation to pay the hourly straight time or overtime wages found to be prevailing does not apply to those portions of the project that are not a public work if otherwise provided in a bona fide collective bargaining agreement covering the worker. (D) The requirement of subparagraph (A) to pay at least the general prevailing rate of per diem wages does not preclude use of an alternative workweek schedule adopted pursuant to Section 511 or 514 of the Labor Code. (2) In addition to paragraph (1), for an affordable housing project, supportive housing project, or transitional housing project for youth and young adults involving the construction or rehabilitation work of 40 or more housing units, this section applies only if the project sponsor certifies to the lead agency that the work will be subject to a project labor agreement. (f) If a lead agency determines that an activity is not subject to this division pursuant to subdivision (b), (c), or (d), and determines to approve or carry out the activity, the lead agency shall file a notice of exemption with the Office of Planning and Research and the county clerk in the manner specified in subdivisions (b) and (c) of Section 21108 or subdivisions (b) and (c) of Section 21152. (g) This section shall remain in effect only until January 1, 2030, and as of that date is repealed. (Amended by Stats. 2023, Ch. 726, Sec. 2. (AB 785) Effective January 1, 2024. Repealed as of January 1, 2030, by its own provisions.)
  197. 21080.27.5.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.6. General [21080 - 21098] ( Chapter 2.6 added by Stats. 1972, Ch. 1154. )

    Verify source ↗

    This section says the division does not apply to certain local agency activities involving a low barrier navigation center.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.6. General [21080 - 21098] ( Chapter 2.6 added by Stats. 1972, Ch. 1154. ) ## 21080.27.5. (a) This division does not apply to any of the following activities by a local agency: (1) An action to lease or facilitate the lease of land owned by the local agency for a low barrier navigation center. (2) An action associated with a lease for a low barrier navigation center pursuant to subdivision (a). (3) An action to provide financial assistance to a low barrier navigation center. (4) An action to construct or operate a low barrier navigation center. (5) An action to enter into a contract to provide services to a low barrier navigation center. (b) For purposes of this section, “low barrier navigation center” has the same definition as in Section 65660 of the Government Code. (Added by Stats. 2024, Ch. 297, Sec. 4. (SB 1395) Effective January 1, 2025.)
  198. 21080.28.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.6. General [21080 - 21098] ( Chapter 2.6 added by Stats. 1972, Ch. 1154. )

    Verify source ↗

    This section exempts certain public-agency land transfers and related funding from this division, and requires a notice filing when a lead agency decides an activity is not covered but still approves or carries it out.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.6. General [21080 - 21098] ( Chapter 2.6 added by Stats. 1972, Ch. 1154. ) ## 21080.28. (a) This division does not apply to either of the following: (1) The acquisition, sale, or other transfer of interest in land by a public agency for any of the following purposes: (A) Preservation of natural conditions existing at the time of transfer, including plant and animal habitats. (B) Restoration of natural conditions, including plant and animal habitats. (C) Continuing agricultural use of the land. (D) Prevention of encroachment of development into flood plains. (E) Preservation of historical resources. (F) Preservation of open space or lands for park purposes. (2) The granting or acceptance of funding by a public agency for purposes of paragraph (1). (b) Subdivision (a) applies even if physical changes to the environment or changes in the use of the land are a reasonably foreseeable consequence of the acquisition, sale, or other transfer of the interests in land, or of the granting or acceptance of funding, provided that environmental review otherwise required by this division occurs before any project approval that would authorize physical changes being made to that land. (c) If the lead agency determines that an activity is not subject to this division pursuant to this section and the lead agency determines to approve or carry out the activity, the lead agency shall file a notice with the Office of Planning and Research and with the county clerk in the county in which the land is located in the manner specified in subdivisions (b) and (c) of Section 21152. (Added by Stats. 2019, Ch. 181, Sec. 2. (AB 782) Effective January 1, 2020.)
  199. 21080.28.5.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.6. General [21080 - 21098] ( Chapter 2.6 added by Stats. 1972, Ch. 1154. )

    Verify source ↗

    This section creates a narrow exemption for certain public-access changes in use in parks or open-space areas, and it requires the lead agency to follow notice, meeting, planning, and findings steps before approving or carrying out an exempt change.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.6. General [21080 - 21098] ( Chapter 2.6 added by Stats. 1972, Ch. 1154. ) ## 21080.28.5. (a) It is the intent of the Legislature in enacting this section to clarify the applicability of this division to the provision of public access within a park or open space area by a county park agency, a park district, or the Great Redwood Trail Agency in a manner that involves minimal physical alterations and minimal improvements to the affected area. This section is not intended to provide relief from any other law, regulation, or responsibility. (b) (1) Subject to paragraph (2), this division does not apply to a change in use approved by a lead agency to allow public access to any of the following in an area used exclusively for nonmotorized recreation: (A) Preexisting paved and natural surface roads. (B) Preexisting trails. (C) Preexisting pathways. (D) Preexisting disturbed areas for vehicle parking, such as driveways, when the change of use does not involve new paving or grading. (E) Rail lines converted by the Great Redwood Trail Agency into trails known as the Great Redwood Trail. (2) The exemption in paragraph (1) only applies if all of the following criteria are met: (A) The lead agency is a county park agency, a park district, or the Great Redwood Trail Agency. (B) The area used for nonmotorized recreation is owned or managed by a county park agency, a park district, or the Great Redwood Trail Agency. (C) The change in use is to provide public access for nonmotorized recreation. (D) The change in use only involves minimal physical alterations and minimal improvements to the affected area. Minimal improvements shall only include signage, portable restrooms, sediment control, and other similar improvements that protect the environment in the context of public access. (E) The change in use is not likely to result in either of the following: (i) Significant adverse impacts to tribal cultural resources. (ii) Significant adverse impacts to endangered, threatened, rare, or special status plant or animal species. (c) Before making a determination to approve or carry out a change in use that is determined to be exempt from this division pursuant to subdivision (b), the lead agency shall do all of the following: (1) Hold a public meeting to consider and solicit public input on the change in use under consideration. (2) Post a written notice of the public meeting on the public agency’s internet website and at the project site at least 30 days before the public meeting. The written notice shall include a project description and the location and date of the public meeting. (3) (A) Adopt a natural resource management plan, or equivalent document, that includes appropriate identification of resources and management strategies for the affected area, which may include, but is not limited to, all of the following: (i) The identification of sensitive species of flora and fauna, sensitive habitats, sensitive soils and erosion considerations, sensitive coastal resources, hydrology, and fire ignition hazards. (ii) The identification of tribal, historical, and other cultural resources. (iii) The identification of avoidance strategies and mitigation measures for any impact to the resources described in clauses (i) and (ii). (iv) The identification of ongoing maintenance and management needs. (B) The adoption of a natural resource management plan, or equivalent document, for purposes of making an exemption determination pursuant to this section is not subject to this division. (4) Make a finding based on substantial evidence that all of the criteria specified in paragraph (2) of subdivision (b) are met and that there is sufficient funding to implement the natural resource management plan or equivalent document. (d) If the lead agency determines that a change in use is not subject to this division pursuant to this section, and the lead agency determines to approve or carry out the activity, the lead agency shall file a notice with the State Clearinghouse in the Office of Land Use and Climate Innovation and with the county clerk of the county in which the land is located in accordance with subdivisions (b), (c), and (d) of Section 21152. (e) For purposes of this section, the following definitions apply: (1) “Nonmotorized recreation” means low-impact recreational activities, including hiking, walking, bike riding, equestrian use, and nature viewing. (2) “Park district” means a district, as defined in Section 5500, that is governed by an independent board. (3) “Public access” means allowing visitors on public agency-managed park and open space in a manner that is consistent with the underlying conservation or park purposes for those lands. (f) This section does not apply where it is reasonably foreseeable that the provision of public access within a park or open-space area will have a significant or cumulatively considerable effect on the environment. (g) This section does not affect any land covenants, such as grant agreements, conservation easements, or deed restrictions, or a long-term management plan or habitat conservation plan, or alters any conditions of acquisition. (h) This section shall remain in effect only until January 1, 2030, and as of that date is repealed. (Amended by Stats. 2025, Ch. 391, Sec. 1. (AB 1139) Effective January 1, 2026. Repealed as of January 1, 2030, by its own provisions.)
  200. 21080.29.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.6. General [21080 - 21098] ( Chapter 2.6 added by Stats. 1972, Ch. 1154. )

    Verify source ↗

    This section says a qualifying Los Angeles County project is not in violation for not building certain roadway and bridge improvements if easement rights are relinquished in connection with a qualifying wetlands acquisition. It also directs the Controller to order a trust conveyance when the Wildlife Conservation Board acquires qualifying coastal property.

    ## Public Resources Code - PRC ## DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91] ( Division 13 added by Stats. 1970, Ch. 1433. ) ## CHAPTER 2.6. General [21080 - 21098] ( Chapter 2.6 added by Stats. 1972, Ch. 1154. ) ## 21080.29. (a) A project located in Los Angeles County that is approved by a public agency before the effective date of the act adding this section is not in violation of any requirement of this division by reason of the failure to construct a roadway across the property transferred to the state pursuant to subdivision (c) and to construct a bridge over the adjacent Ballona Channel in Los Angeles County, otherwise required as a mitigation measure pursuant to this division, if all of the following conditions apply: (1) The improvements specified in this subdivision are not constructed, due in whole or in part, to the project owner’s or developer’s relinquishment of easement rights to construct those improvements. (2) The easement rights in paragraph (1) are relinquished in connection with the State of California, acting by and through the Wildlife Conservation Board of the Department of Fish and Game, acquiring a wetlands project that is a minimum of 400 acres in size and located within the coastal zone. (b) Where those easement rights have been relinquished, any municipal ordinance or regulation adopted by a charter city or a general law city shall be inapplicable to the extent that the ordinance or regulation requires construction of the transportation improvements specified in subdivision (a), or would otherwise require reprocessing or resubmittal of a permit or approval, including, but not limited to, a final recorded map, a vesting tentative map, or a tentative map, as a result of the transportation improvements specified in subdivision (a) not being constructed. (c) (1) If the Wildlife Conservation Board of the Department of Fish and Game acquires property within the coastal zone that is a minimum of 400 acres in size pursuant to a purchase and sale agreement with Playa Capital Company, LLC, the Controller shall direct the trustee under the Amendment to Declaration of Trust entered into on or about December 11, 1984, by First Nationwide Savings, as trustee, Summa Corporation, as trustor, and the Controller, as beneficiary, known as the HRH Inheritance Tax Security Trust, to convey title to the trust estate of the trust, including real property commonly known as Playa Vista Area C, to the State of California acting by and through the Wildlife Conservation Board of the Department of Fish and Game for conservation, restoration, or recreation purposes only, with the right to transfer the property for those uses to any other agency of the State of California. (2) This subdivision shall constitute the enabling legislation required by the Amendment to Declaration of Trust to empower the Controller to direct the trustee to convey title to the trust estate under the HRH Inheritance Tax Security Trust to the State of California or an agency thereof. (3) The conveyance of the trust estate to the Wildlife Conservation Board pursuant to this subdivision shall supersede any duty or obligation imposed upon the Controller under the Probate Code or the Revenue and Taxation Code with respect to the disposition or application of the net proceeds of the trust estate. (Added by Stats. 2003, Ch. 739, Sec. 2. Effective January 1, 2004.)

Provision text is displayed from LexChat’s stored statute record. Use the official source links to verify amendments, commencement, and current legal force.

LexChat organizes source-backed legal information for research. Verify amendments, commencement, and current legal force with the official publisher before relying on it.