California Code of Regulations
Title 14 - Natural Resources
Division 2 - Department of Conservation
Chapter 5 - Division of Recycling
Subchapter 4 - Distributors
Article 1 - Distributor Requirements
Section 2320 - Payments
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The distributor shall pay to the Division the total redemption payment for all beverage containers, including all containers which bear the message as required in Section 14561 of the Act, sold or transferred to dealers or consumers, less the administrative fee authorized in Section 14574 of the Act. Notwithstanding any other provisions of this subchapter, this administrative fee shall not be deducted from the calculated redemption payment, if the Division calculates the redemption payment owed by the distributor to the Division.
(b) Redemption Payments. The distributor shall compute the total redemption payment, by material type, by multiplying the number of beverage containers, including all containers which bear the message as required in Section 14561 of the Act, reported pursuant to section 2310(a), by the currently effective redemption payment per container for that material type. The currently effective redemption payment shall also be applicable for all containers which bear the message as required in Section 14561 of the Act.
(c) The redemption payment per container is determined by the Division pursuant to section 14560 of the Act and section 2900(b) of subchapter 12 of these regulations.
(d) The sum of the individual redemption payments by material type computed pursuant to subsection (b), shall equal the total redemption payment for the reporting period.
(e) Total Payment Due. The total payment due to the Division for each reporting period is calculated by subtracting the administrative fee computed pursuant to Section 14574(a) of the Act from the total redemption payment computed pursuant to subsection (b).
(f) Recycling Center Handling Fee. The distributor shall negotiate a handling fee with each recycling center which returns or causes to be returned empty refillable beer or other refillable malt containers.
(g) Redemption Payment Due Date. The redemption payment for sales or transfers of beverage containers is due to the Division in accordance with the requirements set forth in Section 14574 of the Act.
1. Renumbering and amendment of former section 2723 to section 2320 filed 6-12-91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46).
2. Amendment of subsection (a) filed 9-27-96; operative 9-27-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 39).
3. Amendment filed 12-6-96; operative 12-6-96 (Register 96, No. 49).
4. Amendment of subsections (a) and (e) filed 1-24-2000 as an emergency pursuant to Public Resources Code section 14536(a); operative 1-24-2000 (Register 2000, No. 4). This regulatory action was not automatically deemed an emergency pursuant to Public Resources Code section 14536(b)(2) and a Certificate of Compliance must be transmitted to OAL by 5-23-2000 or emergency language will be repealed by operation of law on the following day.
5. Amendment of subsections (a) and (e) refiled 4-17-2000 as an emergency pursuant to Public Resources Code section 14536(a); operative 4-17-2000 (Register 2000, No. 16). This regulatory action was not automatically deemed an emergency pursuant to Public Resources Code section 14536(b)(2) and a Certificate of Compliance must be transmitted to OAL by 8-15-2000 or emergency language will be repealed by operation of law on the following day.
6. Amendment of subsections (a) and (e) refiled 8-11-2000 as an emergency pursuant to Public Resources Code section 14536(a); operative 8-16-2000 (Register 2000, No. 32). This regulatory action was not automatically deemed an emergency pursuant to Public Resources Code section 14536(b)(2) and a Certificate of Compliance must be transmitted to OAL by 12-14-2000 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 8-11-2000 order transmitted to OAL 11-28-2000 and filed 1-11-2001 (Register 2001, No. 2).
8. Change without regulatory effect amending subsections (a)-(b) filed 4-16-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 16).
9. Editorial correction of subsection (b) (Register 2001, No. 40).
10. Amendment of subsection (b) filed 12-3-2002; operative 1-2-2003 (Register 2002, No. 49).
11. Change without regulatory effect amending subsections (a) and (b) filed 3-29-2004 pursuant to section 100, title 1, California Code of Regulations (Register 2004, No. 14).
12. Amendment of subsection (a), repealer of subsection (e) and subsection relettering filed 12-5-2006 as an emergency; operative 12-5-2006 (Register 2006, No. 49). A Certificate of Compliance must be transmitted to OAL by 4-4-2007 or emergency language will be repealed by operation of law on the following day.
13. Amendment of subsection (a), repealer of subsection (e) and subsection relettering refiled 3-26-2007 as an emergency; operative 4-4-2007 (Register 2007, No. 13). A Certificate of Compliance must be transmitted to OAL by 8-2-2007 or emergency language will be repealed by operation of law on the following day.
14. Certificate of Compliance as to 3-26-2007 order transmitted to OAL 6-5-2007 and filed 7-17-2007 (Register 2007, No. 29).
15. Amendment of subsection (e) filed 4-8-2009; operative 5-8-2009 (Register 2009, No. 15).
16. New subsection (g) filed 12-21-2009 as an emergency; operative 12-21-2009. Submitted to OAL pursuant to Public Resources Code section 14536(b), which provides that the regulation shall be deemed an emergency, shall not be repealed by the Office of Administrative Law, and shall remain in effect until revised by the director of the Department of Conservation (Register 2009, No. 52).
17. Amendment of subsection (g) and NOTE filed 8-2-2012; operative 9-1-2012 (Register 2012, No. 31).
Note: Authority cited: Sections 14530.5 and 14536, Public Resources Code. Reference: Sections 14505, 14523, 14560, 14561, 14572.5 and 14574, Public Resources Code.
