(a) A city, county, or tribe may submit a supplemental application to join an existing jurisdiction, subject to approval by the Division.
(1) The supplemental application shall include written authorization from each constituent entity in the existing jurisdiction, stating that it consents to the addition of the supplemental applicant to the jurisdiction and the resulting change to the pilot project. The written authorization shall be on letterhead, and be signed by an individual with the authority to bind the constituent entity.
(2) To be considered complete, supplemental applications shall contain the following information:
(A) A map of the new pilot project area, including proposed locations for proposed pilot project recyclers.
(B) A list of the proposed pilot project recyclers that will serve the revised pilot project area. The list shall include each pilot project recycler's organization name, Federal Tax Identification Number, contact person's name, business address, phone number, e-mail address, and proposed method of redemption for each pilot project recycler.
(C) Any changes to the planned dates of operation for the pilot project.
(D) A description of how the addition of the supplemental applicant to the jurisdiction will affect compliance with the requirements of section 14571.9 of the Act.
(E) A description of how the addition of the supplemental applicant and revised pilot project area will affect the previously approved pilot project.
(F) The name of the supplemental applicant, including the authorizing department or office.
(G) The written authorization from the existing constituent entity or entities of the existing jurisdiction as provided in subdivision (a)(1).
(H) The business address, mailing address, email address, website, and telephone number for the supplemental applicant.
(I) The name, title, direct telephone number, and email address of the contact person for the supplemental applicant.
(J) The name, title, direct telephone number, and email address of the authorizing individual for the supplemental applicant.
(K) An analysis of the potential impacts on beverage container recycling on the pilot project from the addition of the supplemental applicant to the jurisdiction.
(L) Tribes shall provide the written authorizations provided in section 2758(c).
(3) The supplemental application shall be submitted in writing and signed by the supplemental applicant under penalty of perjury. The signature block shall contain an affidavit that the information in the supplemental application is true and that the supplemental applicant agrees to operate in compliance with the Act and these regulations. The supplemental application shall be signed by an individual with authority to legally bind the supplemental applicant.
(4) The Division shall review a supplemental application in the same manner as an initial application for a pilot project as provided in section 2756.
(5) If the Division approves the supplemental application, the Division may impose conditions on the approval as provided for in section 2756(i).
(6) Supplemental applications shall be accepted and reviewed on a continuous basis until June 30, 2025.
(7) The supplemental applicant shall contact the Division in writing prior to the submission of the supplemental application to request a map of the jurisdiction inclusive of the change to constituent entities. Upon receiving such a request, the Division shall provide the supplemental applicant with a map that includes all convenience zones, operational recycling centers, rural boundaries, tribal boundaries, and city or county boundaries within the revised jurisdiction.
(b) A constituent entity of a multiparty jurisdiction may request to withdraw from the jurisdiction, subject to approval by the Division.
(1) The request to withdraw must be submitted in writing, be on letterhead, signed by a person with authority to bind the entity, and must include an explanation detailing why the entity is requesting to withdraw from the jurisdiction.
(2) The Division shall deny the request to withdraw if:
(A) The Division determines that the withdrawal will cause the remaining jurisdiction to fail to meet the eligibility criteria for a pilot project as provided in section 14571.9(c) of the Act.
(B) The Division determines that the withdrawal will cause the pilot project to fail to meet the conditions outlined in the Division's approval of the pilot project.
(C) The Division determines that the withdrawal will cause the pilot project's operations to become unfeasible.
(D) The Division determines that the withdrawal will cause the pilot project to fail to meet the goals of the pilot project program as provided in section 14571.9(a)(2) of the Act.
(3) If the Division approves the request to withdraw, the Division may modify the conditions that were imposed pursuant to section 2756(i) at the time the Division initially approved the pilot project.
(c) An approved jurisdiction may request to amend a pilot project area or methods of operation, subject to approval by the Division.
(1) The request for amendment must be submitted in writing, and must include the reason for the amendment, a revised map of the pilot project area if applicable, and when the proposed change will take effect.
(2) The Division may deny the request for amendment if the Division determines that the proposal is unfeasible or fails to meet the goals of the pilot project program as provided in section 14571.9(a)(2) of the Act.
(3) If the Division approves the request for amendment, the Division may impose conditions on the approval as provided for in section 2756(i).
(d) The Division may require additional information be provided to corroborate or clarify the information provided in a supplemental application, request to withdraw, or request for amendment to an approved pilot project.
Credits
Note: Authority cited: Sections 14530.5(b), 14536 and 14571.9(j), Public Resources Code. Reference: Sections 14515.8 and 14571.9, Public Resources Code.
History
1. New section filed 2-4-2022 as an emergency; operative 2-4-2022 (Register 2022, No. 5). Pursuant to Public Resources Code section 14571.9(j), this is a statutorily deemed emergency and the emergency language remains in effect until 1-1-2027 unless a Certificate of Compliance is transmitted to and approved by OAL, or the emergency language is amended or repealed by the Department prior to that date, whichever occurs sooner.
This database is current through 4/12/24 Register 2024, No. 15.
