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§ 2756. Review of Pilot Project Applications.

14 CA ADC § 2756Barclays Official California Code of RegulationsEffective: February 4, 2022

Barclays California Code of Regulations
Title 14. Natural Resources
Division 2. Department of Conservation
Chapter 5. Division of Recycling
Subchapter 9.5. Pilot Projects
Article 1. Requirements for Pilot Projects
Effective: February 4, 2022
14 CCR § 2756
§ 2756. Review of Pilot Project Applications.
Currentness
(a) All applications for pilot projects shall be reviewed by the Division for compliance with these regulations.
(b) The Division shall assess the readiness of all new applicants and may conduct field investigations to verify the accuracy of information contained in the pilot project application.
(c) The Division may require the applicant jurisdiction to participate in an application interview.
(d) The Division shall notify the applicant jurisdiction in writing within thirty (30) calendar days of receipt of the application, or receipt of additional information if the application was initially incomplete, that it is either:
(1) Complete and accepted for further review, or
(2) Incomplete and the reasons for the incompleteness.
(e) Upon determining that an application is complete, the Division shall notify the applicant in writing within thirty (30) calendar days that such application is either:
(1) Approved conditionally with a probationary status, or
(2) Denied and the reasons for denial.
(f) In order to receive approval for a pilot project, applicant jurisdictions shall demonstrate to the Division's satisfaction that they will operate the pilot project in accordance with the requirements of the Act and regulations. In determining whether the applicant jurisdiction is likely to operate the pilot project in accordance with these regulations, the Division shall review the history of the jurisdiction and other individuals identified in the application as responsible for the pilot project.
(g) Reasons for denial of pilot project applications may include, but shall not be limited to, any of the following:
(1) Failure to provide information or documentation to complete the application as provided in sections 2752 and 2754 of these regulations.
(2) The proposed pilot project does not meet the requirements established in section 14571.9(c) of the Act.
(3) The jurisdiction's history with CalRecycle demonstrates outstanding fines, penalties, or audit findings.
(4) The proposed pilot project operator's certification history demonstrates a pattern of operation in conflict with the requirements of the California Beverage Container Recycling and Litter Reduction Act, including all relevant regulations adopted thereunder.
(5) The proposed pilot project is unlikely to increase redemption opportunities in unserved convenience zones or is unlikely to create new recycling opportunities for consumers.
(h) When selecting a pilot project for approval, in addition to the criteria established in section 14571.9(g) of the Act, the Division may consider the following additional factors:
(1) Feasibility of the pilot project;
(2) Population served by the pilot project;
(3) Proposed methods of redemption;
(4) The jurisdiction's role in the operation of the pilot project;
(5) Certification history of proposed pilot project operators;
(6) Qualifications of the pilot project recyclers identified at the time of the pilot project application;
(7) How the jurisdiction has supported or prevented redemption or collection opportunities;
(8) The similarity or dissimilarity of the proposed pilot project in comparison to other pilot projects; and
(9) The proposed operational date of the pilot project.
(i) When approving any pilot project application, the Division may impose conditions on the pilot project's approval that the Division determines are reasonably necessary to ensure that the pilot project operates in a manner consistent with the pilot project application and meets the goals of the pilot project program as provided in section 14571.9(a)(2) of the Act. These conditions shall be in writing and provided to the jurisdiction at the time the project is approved.

Credits

Note: Authority cited: Sections 14530.5(b), 14536 and 14571.9(j), Public Resources Code. Reference: Section 14571.9, Public Resources Code.
History
1. New section filed 4-2-2019 as an emergency; operative 4-2-2019 (Register 2019, No. 14). Pursuant to Public Resources Code section 14571.9(k), this is a statutorily deemed emergency and the emergency language remains in effect until 1-1-2022 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.
2. New section refiled 2-4-2022 as an emergency, including amendment of subsections (g)(2) and (h) and amendment of Note; 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 4/5/24 Register 2024, No. 14.
Cal. Admin. Code tit. 14, § 2756, 14 CA ADC § 2756
End of Document