1. (a) For purposes of this section, the following definitions apply:

   1. (1) “Family-owned business” means an organization owned by two or more members of the same family and with more than 50 percent of the employees of the business being members of the same family.
   2. (2) “Natural disaster” means a natural catastrophe, such as an earthquake, fire, flood, landslide, or volcanic eruption, regardless of cause.
   3. (3) “Small business” means an organization that has five or fewer employees.
   4. (4) “State of emergency” means a natural or manmade disaster or emergency for which a state of emergency has been declared by the President of the United States or the Governor, or for which a state of emergency has been declared by a municipal emergency management coordinator. The conditions of disaster or of extreme peril to the safety of persons and property within the state are caused by such conditions as air pollution, fire, extreme heat, flood, storm, epidemic, riot, drought, sudden and severe energy shortage, plant or animal infestation or disease, earthquake, volcanic eruption, or other conditions, which, by reason of their magnitude, are or are likely to be beyond the control of the services, personnel, equipment, and facilities of any single county, city and county, or city.

2. (b) Notwithstanding paragraph (4) of subdivision (a) of section 2500, a recycling center may apply to the department for authorization to operate on an alternative schedule that complies with either of the following:

   1. (1) For a Type 1 alternative schedule, the schedule allows the recycling center to operate between 10 and 29 hours, inclusive, per week.
   2. (2) For a Type 2 alternative schedule, the schedule allows the recycling center to operate any number of hours, including ceasing operations entirely, due to operational challenges resulting from a natural disaster or state of emergency.

3. (c) Notwithstanding paragraph (5) of subdivision (a) of section 2500, the department shall not require a recycling center to operate up to 50 percent of its hours other than during 9:00 a.m. to 5:00 p.m. as part of an alternative schedule. However, the department may approve an alternative schedule that allows a recycling center to operate up to 50 percent of its hours other than during 9:00 a.m. to 5:00 p.m. if the schedule complies with the requirements of the Act and this chapter.

   1. (2) The department shall notify, in writing, the recycling center operator of approval or denial of the Type 1 alternative schedule application within 30 calendar days from the date of receipt.

   2. (3) The department shall only approve a Type 1 alternative schedule application from those recycling centers that qualify as a small business or family-owned business.

      1. (B) For a decrease to hours requested in the initial application, the applicant shall reapply to the department with a new application for any reduction beyond what is declared in the initial application. The department shall notify, in writing, the recycling center operator of approval or denial of the amended Type 1 alternative schedule application within 30 calendar days from the date of receipt.

      (4)(A) For an increase to hours requested in the initial application, the applicant may amend the initial application with the new increased hours and schedule and submit the amended application to the department through either e-mail to [email protected] or physical mail to 1001 I Street, MS 9A, Sacramento, CA 95814. The amended application shall be deemed approved upon receipt by the department.

   3. (5) A recycling center that has received approval from the department to operate a Type 1 alternative schedule shall comply with both of the following:

      1. (A) Post the approved hours in a conspicuous location in accordance with sections 2500(e) and (e)(1). The hours shall be fixed hours of operation and shall not be flexible, such as merely providing a range of several hours during which the recycling center will open or close.

      2. (B) Post in a conspicuous location in accordance with section 2500(e) the name and address of the nearest recycling center that is open at least 30 hours per week.

         (e)(1) A certified recycling center operator may submit an application form to request a Type 2 alternative schedule to the department when experiencing operational challenges due to a natural disaster or state of emergency. The form shall be submitted via e-mail to [email protected] or by mailing to 1001 I Street, MS 9A, Sacramento, CA 95814. The application shall be submitted within seven working days before or after the natural disaster or the state of emergency. The application shall be submitted via e-mail or by hard copy.

   4. (2) The department shall notify the recycling center operator of approval or denial within two working days from the date of receipt.
   5. (3) If the application form is incomplete, the department shall notify the operator within two working days of receipt. If the operator does not submit information to complete the application within three working days of that notification, the department shall deny the application.
   6. (4) Type 2 alternative hours shall not exceed six months after the end of the natural disaster or state of emergency. If physical access to the recycling center is prohibited by state or local authorities or by clean-up efforts undertaken by the Office of Emergency Services or the department as a result of the natural disaster or state of emergency, the department shall grant an extension of the Type 2 alternative hour schedule.

   (d)(1) A certified recycling center operator may submit an application form to request a Type 1 alternative schedule as often as desired at least 30 calendar days prior to the effective date of the proposed Type 1 alternative schedule hours. The form shall be submitted via e-mail to [email protected] or by mailing to 1001 I Street, MS 9A, Sacramento, CA 95814.

4. (f) The department shall deny a request for a Type 1 or Type 2 alternative schedule if the department determines any of the following:

   1. (1) Sufficient justification has not been provided by the recycling center for the alternative schedule.
   2. (2) The alternative schedule does not further the goals of the Act.
   3. (3) The alternative schedule significantly decreases consumers' ability to conveniently redeem beverage containers.

5. (g) The application form for a Type 1 or Type 2 alternative schedule shall include all of the following, as applicable:

   1. (1) The certification number, organization name, facility name, and facility address of the applicant recycling center.

      1. (B) For a recycling center that is staffed, “actual days and hours open for business” shall be those days and hours where staff are scheduled to be present and do not include lunch breaks.

      2. (C) For a recycling center that consists of a reverse vending machine, “actual days and hours open for business” shall include days and hours when all of the following criteria are met:

         1. (i) The days and hours when the reverse vending machine is scheduled to be in operation.
         2. (ii) The days and hours when beverage containers that are odd-sized or made from materials other than aluminum, glass, and plastic will be redeemed.
         3. (iii) The days and hours when any beverage containers not accepted by the reverse vending machine will be redeemed by the host dealer.

      (2)(A) The proposed actual days and hours open for business and proposed lunch breaks.

   2. (3) The basis for the request being made. If it is the result of a natural disaster or state of emergency for a Type 2 application, the applicant shall include both of the following:

      1. (A) Documentation to substantiate the natural disaster or state of emergency.
      2. (B) The operational challenges experienced as a result of the natural disaster or state of emergency.
   3. (4) If the business is a small or family-owned business, the applicant shall include the number of employees and the basis for the family relationships, respectively.
   4. (5) For a Type 2 application, the end date of the alternative schedule.
   5. (6) Why the alternative schedule is necessary to further the goals of the Act and this chapter and how the alternative schedule will not significantly decrease the ability of consumers to conveniently return beverage containers.
   6. (7) The consequences if the department denies the request for an alternative schedule, such as decreasing consumers' ability to conveniently redeem beverage containers.
   7. (8) The name and signature of the applicant; the date the form was signed; and the applicant's e-mail address. Only a responsible party, as described in subdivision (a) of section 14591.2 of the Public Resources Code, of the recycling center is eligible to apply and sign as an applicant.
6. (h) The department shall post on its internet website, and provide to any person upon request, application forms containing the information required by subdivision (g) of this section to request a Type 1 alternative schedule and Type 2 alternative schedule.

7. (i) In the event of a natural disaster or state of emergency, the department may issue a General Notice to recycling centers affected by the natural disaster or state of emergency, through both e-mail and physical mail and using the contact information found in the recycling center's certification. The General Notice shall include both of the following:

   1. (1) The recycling center may operate at a reduced number of hours, including ceasing operations entirely, due to operational challenges resulting from the natural disaster or state of emergency as of the date specified in the General Notice.

      1. (B) The form need only address the recycling center's operations subsequent to the submittal of the form. Any reduced hours of the recycling center's operations preceding the submittal of the form and subsequent to the department's General Notice shall be deemed approved.

      (2)(A) The recycling center shall submit to the department an application form to request a Type 2 alternative schedule due to a Natural Disaster or State of Emergency, pursuant to subdivision (e) within seven working days of the date specified in the General Notice pursuant to paragraph (1).

Note: Authority cited: Section 14530.5, Public Resources Code. Reference: Section 14571, Public Resources Code.

History

1. New section filed 4-2-2025; operative 4-2-2025 pursuant to Government Code section 11343.4(b)(3) (Register 2025, No. 14).