Cal. Code Regs. tit. 14 § 17987.2

Current through Register 2024 Notice Reg. No. 49, December 6, 2024

Section 17987.2 - Definitions

The following definitions apply to the regulations in this Article.

(a) "Board" means the California Integrated Waste Management Board.

(b) "Co-Mingled Recycling Rate" means the percentage of plastic carryout bags recycled relative to all other film plastic material including plastic carryout bags recycled as determined by waste characterization studies performed by or on behalf of the Board, or by operators whose calculation methodology has been approved by the Board.

(c) "Compostable Carryout Bag" means a bag provided by a store to customers at the point-of-sale that meets the American Society of Testing and Material Standard D6400 for degradation through biological processes or degrades from the action of naturally occurring microorganisms including, but not limited to, bacteria, fungi and algae. This definition includes any bag labeled in compliance with Chapter 5.7 (commencing with Section 42355) of the Public Resources Code.

(d) "Designated Reporting Party or Parties" means a person authorized by an operator to maintain and report the records and data required by this Article. An operator may have more than one designated reporting party.

(e) "Local Jurisdiction" means a county, city, city and county, district, public authority, public agency, and any other political subdivision or public corporation in the state, but does not include the state government.

(f) "Measurement Period" means the twelve month period beginning on January 1 and ending December 31 of each calendar year.

(g) "Operator" means a person in control of, or having daily responsibility for, the daily operation of a store, as defined in this Article, which may include, but is not limited to, the owner, lessee, or franchisee. An operator may have control of more than one store.

(h) "Person" means any natural person, corporation, partnership, limited liability company, firm, association, or sole proprietorship.

(i) "Plastic Carryout Bag" means a plastic carryout bag provided by a store to a customer at the point of sale. A compostable carryout bag is not a plastic carryout bag for purposes of this Article.

(j) "Recycler" means a person who takes possession of plastic carryout bags or other film plastic material that has been collected by an operator for the purpose of recycling the plastic carryout bags or film plastic material. Recycler includes, but is not limited to, brokers, refuse haulers, transporters, drop-off centers and local government recycling programs.

(k) "Store" means a retail establishment that provides plastic carryout bags to its customers as a result of the sale of a product and that meets either of the following requirements:

(1) Meets the definition of a "supermarket" as found in section 17987.2 (l).

(2) Has over 10,000 square feet of retail space that generates sales or use tax pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5 (commencing with Section 7200) of Division 2 of the Revenue and Taxation Code) and has a pharmacy licensed pursuant to Chapter 9 (commencing with Section 4000) of Division 2 of the Business and Professions Code.

(l) "Supermarket" means a full-line, self-service retail store with gross annual sales of at least two million dollars ($2,000,000), and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items.

Cal. Code Regs. Tit. 14, § 17987.2

1. New section filed 7-30-2007 as an emergency; operative 7-30-2007 (Register 2007, No. 31). A Certificate of Compliance must be transmitted to OAL by 1-28-2008 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 1-28-2008 as an emergency; operative 1-28-2008 (Register 2008, No. 5). A Certificate of Compliance must be transmitted to OAL by 4-28-2008 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 4-28-2008 as an emergency; operative 4-28-2008 (Register 2008, No. 18). A Certificate of Compliance must be transmitted to OAL by 7-28-2008 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance, including amendments, as to 4-28-2008 order transmitted to OAL 7-28-2008 and filed 9-9-2008 (Register 2008, No. 37).

Note: Authority cited: Sections 40502 and 42252, Public Resources Code. Reference: Sections 42250 and 42252, Public Resources Code.