Public Resources Code — Part 20 | PRC — United States — California law | Esheria

Public Resources Code

Part 20 of 41 · provisions 3,801–4,000

This act is named the Public Resources Code.

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The Legislature states that increased requests to take water from state streams, especially for electric energy, may harm streamflows and dependent fish and wildlife resources. The Director of Fish and Game must identify and list state streams and watercourses that need minimum flow levels, include significant ones with findings, rank them by need, and finish the initial list by January 1, 1984. The Director of Fish and Game must prepare proposed streamflow requirements for each identified stream or watercourse and send them to the State Water Resources Control Board. The Director of Fish and Game may review any streamflow requirement and may propose changes, and any proposed change must be sent to the State Water Resources Control Board. The Department of Fish and Game must start studies to develop proposed streamflow requirements, and finish each study within three years.

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Provisions of Public Resources Code

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  1. 4177.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Prevention and Control of Forest Fires [4101 - 4209.5] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 7. Public Nuisances [4171 - 4181] ( Article 7 added by Stats. 1965, Ch. 1144. )

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    If a public nuisance is not fixed within the required time, the department may abate it.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Prevention and Control of Forest Fires [4101 - 4209.5] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 7. Public Nuisances [4171 - 4181] ( Article 7 added by Stats. 1965, Ch. 1144. ) ## 4177. If the public nuisance is not abated within the time specified in the notice to the property owner pursuant to Section 4172 or, if a hearing is not requested by the property owner, within the time specified in the order made by the director pursuant to Section 4176, the department may abate the public nuisance. (Amended by Stats. 1976, Ch. 1300.)
  2. 41770.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 5. Countywide Integrated Waste Management Plans [41750 - 41770] ( Chapter 5 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 3. Plan Revision [41770- 41770.] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. )

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    Countywide or regional agency waste management plans must be reviewed, revised if needed, and submitted to the board every five years.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 5. Countywide Integrated Waste Management Plans [41750 - 41770] ( Chapter 5 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 3. Plan Revision [41770- 41770.] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 41770. (a) Each countywide or regional agency integrated waste management plan, and the elements thereof, shall be reviewed, revised, if necessary, and submitted to the board every five years in accordance with the schedule set forth under Chapter 7 (commencing with Section 41800). (b) Any revisions to a countywide or regional agency integrated waste management plan, and the elements thereof, shall use a waste disposal characterization method that the board shall develop for the use of the city, county, city and county, or regional agency. The city, county, city and county, or regional agency shall conduct waste disposal characterization studies, as prescribed by the board, if it fails to meet the diversion requirements of Section 41780, at the time of the five-year revision of the source reduction and recycling element. (c) The board may review and revise its regulations governing the contents of revised source reduction and recycling elements to reduce duplications in one or more components of these revised elements. (Amended by Stats. 2000, Ch. 740, Sec. 4. Effective January 1, 2001.)
  3. 4178.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Prevention and Control of Forest Fires [4101 - 4209.5] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 7. Public Nuisances [4171 - 4181] ( Article 7 added by Stats. 1965, Ch. 1144. )

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    Costs the department incurs to abate a public nuisance under this article become a lien on the affected property when the lien notice is filed and recorded as provided in Section 4179.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Prevention and Control of Forest Fires [4101 - 4209.5] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 7. Public Nuisances [4171 - 4181] ( Article 7 added by Stats. 1965, Ch. 1144. ) ## 4178. Any costs which are incurred by the department in abating any public nuisance pursuant to this article are a lien upon the property upon which the public nuisance existed when notice of the lien is filed and recorded as provided in Section 4179. (Amended by Stats. 1976, Ch. 1300.)
  4. 41780.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 6. Planning Requirements [41780 - 41794] ( Heading of Chapter 6 amended by Stats. 1990, Ch. 145, Sec. 42. ) ## ARTICLE 1. Waste Diversion [41780 - 41783.1] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. )

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    Each jurisdiction’s source reduction and recycling element must include an implementation schedule and meet two waste-diversion targets: 25% by January 1, 1995 for the initial element, and 50% on and after January 1, 2000 for the first and later revisions.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 6. Planning Requirements [41780 - 41794] ( Heading of Chapter 6 amended by Stats. 1990, Ch. 145, Sec. 42. ) ## ARTICLE 1. Waste Diversion [41780 - 41783.1] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 41780. (a) Each jurisdiction’s source reduction and recycling element shall include an implementation schedule that shows both of the following: (1) For the initial element, the jurisdiction shall divert 25 percent of all solid waste by January 1, 1995, through source reduction, recycling, and composting activities. (2) For the first and each subsequent revision of the element, the jurisdiction shall divert 50 percent of all solid waste on and after January 1, 2000, through source reduction, recycling, and composting activities. (b) This section does not prohibit a jurisdiction from implementing source reduction, recycling, and composting activities designed to exceed the requirements of this division. (Amended by Stats. 2022, Ch. 342, Sec. 1. (AB 1857) Effective January 1, 2023.)
  5. 41780.01.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 6. Planning Requirements [41780 - 41794] ( Heading of Chapter 6 amended by Stats. 1990, Ch. 145, Sec. 42. ) ## ARTICLE 1. Waste Diversion [41780 - 41783.1] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. )

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    The state’s policy goal is at least 75% of solid waste to be source reduced, recycled, or composted by 2020 and thereafter. The department may not set or enforce a city or county diversion rate above 50%.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 6. Planning Requirements [41780 - 41794] ( Heading of Chapter 6 amended by Stats. 1990, Ch. 145, Sec. 42. ) ## ARTICLE 1. Waste Diversion [41780 - 41783.1] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 41780.01. (a) The Legislature hereby declares that it is the policy goal of the state that not less than 75 percent of solid waste generated be source reduced, recycled, or composted by the year 2020, and annually thereafter. (b) Notwithstanding subdivision (a), the department shall not establish or enforce a diversion rate on a city or county that is greater than the 50 percent diversion rate established pursuant to Section 41780. (Added by Stats. 2011, Ch. 476, Sec. 9. (AB 341) Effective January 1, 2012.)
  6. 41780.05.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 6. Planning Requirements [41780 - 41794] ( Heading of Chapter 6 amended by Stats. 1990, Ch. 145, Sec. 42. ) ## ARTICLE 1. Waste Diversion [41780 - 41783.1] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. )

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    The department must review each jurisdiction’s compliance with Section 41780 using disposal-rate comparisons, and it may use alternate calculation methods in some cases.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 6. Planning Requirements [41780 - 41794] ( Heading of Chapter 6 amended by Stats. 1990, Ch. 145, Sec. 42. ) ## ARTICLE 1. Waste Diversion [41780 - 41783.1] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 41780.05. (a) After January 1, 2009, pursuant to the review authorized by Section 41825, the department shall determine each jurisdiction’s compliance with Section 41780 for the years commencing with January 1, 2007, by comparing each jurisdiction’s change in its per capita disposal rate in subsequent years with the equivalent per capita disposal rate that would have been necessary for the jurisdiction to meet the requirements of Section 41780 on January 1, 2007, as calculated pursuant to subdivisions (c) and (d). (b) (1) For purposes of paragraph (5) of subdivision (e) of Section 41825, in making a determination whether a jurisdiction has made a good faith effort to implement its source reduction and recycling element or its household hazardous waste element, the department shall consider, but is not limited to the consideration of, the jurisdiction’s per capita disposal rate and whether the jurisdiction adequately implemented its diversion programs. (2) When determining whether a jurisdiction has made a good faith effort pursuant to Section 41825 to implement its source reduction and recycling element or its household hazardous waste element, the department shall consider that an increase in the per capita disposal rate is the result of the amount of the jurisdiction’s disposal increasing faster than the jurisdiction’s growth. The department shall use this increase in the per capita disposal rate that is in excess of the equivalent per capita disposal rate as a factor in determining whether the department is required, pursuant to Section 41825, to more closely examine a jurisdiction’s program implementation efforts. This examination may indicate that a jurisdiction is required to expand existing programs or implement new programs, in accordance with the procedures specified in Article 4 (commencing with Section 41825) and in Article 5 (commencing with Section 41850). (3) When reviewing the level of program implementation pursuant to Sections 41825 and 41850, the department shall use, as a factor in determining compliance with Section 41780, the amount determined pursuant to subdivision (d) when comparing a jurisdiction’s per capita disposal rate in subsequent years. (c) (1) (A) Except as otherwise provided in this subdivision, for purposes of this section, “per capita disposal” or “per capita disposal rate” means the total annual disposal, in pounds, from a jurisdiction divided by the total population in a jurisdiction, as reported by the Department of Finance, divided by 365 days. (B) “Per capita disposal” does not include used tires or waste tires, as defined in Article 1 (commencing with Section 42800) of Chapter 16 of Part 3, that are converted at an EMSW conversion facility. (C) “Per capita disposal” does not include biomass material, as defined in subdivision (a) of Section 40106, that is converted at an EMSW conversion facility. (2) (A) If a jurisdiction is predominated by commercial or industrial activities and by solid waste generation from those sources, the department may alternatively calculate per capita disposal to reflect those differing conditions. (B) When making a calculation for a jurisdiction subject to this paragraph, “per capita disposal” or “per capita disposal rate” means the total annual disposal, in pounds, from a jurisdiction divided by total industry employment in a jurisdiction, as reported by the Employment Development Department, divided by 365 days. (C) The department shall calculate the per capita disposal rate for a jurisdiction subject to this paragraph using the level of industry employment in a jurisdiction instead of the level of population in a jurisdiction. (3) If the department determines that the method for calculating the per capita disposal rate for a jurisdiction provided by paragraph (1) or (2) does not accurately reflect that jurisdiction’s disposal reduction, the department may use an alternative per capita factor, other than population or industry employment, to calculate the per capita disposal rate that more accurately reflects the jurisdiction’s efforts to divert solid waste. (d) The department shall calculate the equivalent per capita disposal rate for each jurisdiction as follows: (1) Except as otherwise provided in this subdivision, the equivalent per capita disposal rate for a jurisdiction shall be determined using the method specified in this paragraph. (A) The calculated generation tonnage for each year from 2003 to 2006, inclusive, shall be multiplied by 0.5 to yield the 50 percent equivalent disposal total for each year. (B) The 50 percent equivalent disposal total for each year shall be multiplied by 2,000, divided by the population of the jurisdiction in that year, and then divided by 365 to yield the 50 percent equivalent per capita disposal for each year. (C) The four 50 percent equivalent per capita disposal amounts from the years 2003 to 2006, inclusive, shall be averaged to yield the equivalent per capita disposal rate. (2) If a jurisdiction is predominated by commercial or industrial activities and by solid waste generation from those sources, the department may alternatively calculate the equivalent per capita disposal rate to reflect those conditions by using the level of industry employment in a jurisdiction instead of the level of population in that jurisdiction. (3) If the department determines that the method for calculating the equivalent per capita disposal rate for a jurisdiction pursuant to this subdivision does not accurately reflect a jurisdiction’s per capita disposal rate that would be equivalent to the amount required to meet the 50 percent diversion requirements of Section 41780, the department may use an alternative per capita factor, other than population or industry employment, to calculate the equivalent per capita disposal rate that more accurately reflects the jurisdiction’s diversion efforts. (4) The department shall modify the percentage used in paragraph (1) to maintain the diversion requirements approved by the department for a rural jurisdiction pursuant to Section 41787. (5) The department may modify the years included in making a calculation pursuant to this subdivision for an individual jurisdiction to eliminate years in which the calculated generation amount is shown not to be representative or accurate, based upon a generation study completed in one of the five years 2003 to 2007, inclusive. In these cases, the department shall not allow the use of an additional year other than 2003, 2004, 2005, 2006, or 2007. (6) The department may modify the method of calculating the equivalent per capita disposal rate for an individual jurisdiction to accommodate the incorporation of a new city, the formation of a new regional agency, or changes in membership of an existing regional agency. These modifications shall ensure that a new entity has a new equivalent per capita disposal rate and that the existing per capita disposal rate of an existing entity is adjusted to take into account the disposal amounts lost by the creation of the new entity. (7) The department shall not incorporate generation studies or new base year calculations for a year commencing after 2006 into the equivalent per capita disposal rate, unless a generation study that included the year 2007 was commenced on or before June 30, 2008. (8) If the department determines that the equivalent per capita disposal rate cannot accurately be determined for a jurisdiction, or that the rate is no longer representative of a jurisdiction’s waste stream, the department shall evaluate trends in the jurisdiction’s per capita disposal to establish a revised equivalent per capita disposal rate for that jurisdiction. (Amended by Stats. 2022, Ch. 342, Sec. 2. (AB 1857) Effective January 1, 2023.)
  7. 41780.1.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 6. Planning Requirements [41780 - 41794] ( Heading of Chapter 6 amended by Stats. 1990, Ch. 145, Sec. 42. ) ## ARTICLE 1. Waste Diversion [41780 - 41783.1] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. )

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    Regional agencies, cities, and counties must use specified waste-disposal projections to measure diversion requirements, and the board must study waste-generation factors and issue adjustment methodology and guidelines by January 1, 1994.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 6. Planning Requirements [41780 - 41794] ( Heading of Chapter 6 amended by Stats. 1990, Ch. 145, Sec. 42. ) ## ARTICLE 1. Waste Diversion [41780 - 41783.1] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 41780.1. (a) Notwithstanding any other requirement of this part, for the purposes of determining the amount of solid waste that a regional agency is required to divert from disposal or transformation through source reduction, recycling, and composting to meet the diversion requirements of Section 41780, the regional agency shall use the solid waste disposal projections in the source reduction and recycling elements of the regional agency’s member agencies. The method prescribed in Section 41780.2 shall be used to determine the maximum amount of disposal allowable to meet the diversion requirements of Section 41780. (b) Notwithstanding any other requirement of this part, for the purposes of determining the amount of solid waste that a city or county is required to divert from disposal or transformation through source reduction, recycling, and composting to meet the diversion requirements of Section 41780, the city or county shall use the solid waste disposal projections in the source reduction and recycling elements of the city or county. The method prescribed in Section 41780.2 shall be used to determine the maximum amount of disposal allowable to meet the diversion requirements of Section 41780. (c) To determine achievement of the diversion requirements of Section 41780 in 1995 and in the year 2000, projections of disposal amounts from the source reduction and recycling elements shall be adjusted to reflect annual increases or decreases in population and other factors affecting the waste stream, as determined by the board. By January 1, 1994, the board shall study the factors which affect the generation and disposal of solid waste and shall develop a standard methodology and guidelines to be used by cities, counties, and regional agencies in adjusting disposal projections as required by this section. (d) The amount of additional diversion required to be achieved by a regional agency to meet the diversion requirements of Section 41780 shall be equal to the sum of the diversion requirements of its member agencies. To determine the maximum amount of disposal allowable for the regional agency to meet the diversion requirements of Section 41780, the maximum amount of disposal allowable for each member agency shall be added together to yield the agency disposable maximum. (Amended by Stats. 1996, Ch. 978, Sec. 4. Effective January 1, 1997.)
  8. 41780.2.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 6. Planning Requirements [41780 - 41794] ( Heading of Chapter 6 amended by Stats. 1990, Ch. 145, Sec. 42. ) ## ARTICLE 1. Waste Diversion [41780 - 41783.1] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. )

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    Cities, counties, and certain regional agency members must calculate required waste reduction and diversion amounts using the methods in this section.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 6. Planning Requirements [41780 - 41794] ( Heading of Chapter 6 amended by Stats. 1990, Ch. 145, Sec. 42. ) ## ARTICLE 1. Waste Diversion [41780 - 41783.1] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 41780.2. (a) Each city, county, or member agency of a regional agency shall determine the amount of reduction in solid waste disposal and the amount of additional diversion required from the base-year amounts by using the methods set forth in this section. (b) The city, county, or member agency of a regional agency shall multiply the total amount of base-year solid waste generation, as adjusted using the methods described in subdivision (c) of Section 41780.1, by 0.75 to determine the maximum amount of total disposal allowable in 1995 to meet the diversion requirements of Section 41780. (c) The city, county, or member agency of a regional agency shall multiply the total amount of base-year solid waste generation, as adjusted using the methods described in subdivision (c) of Section 41780.1, by 0.50 to determine the maximum amount of total disposal allowable in the year 2000 to meet the diversion requirements of Section 41780. (d) The city, county, or member agency of a regional agency shall multiply the total amount of base-year solid waste generation, as adjusted using the methods described in subdivision (c) of Section 41780.1, by 0.25 to determine the minimum amount of total diversion needed in the year 1995 to meet the diversion requirements of Section 41780. (e) The city, county, or member agency of a regional agency shall multiply the total amount of base-year solid waste generation, as adjusted using the methods described in subdivision (c) of Section 41780.1, by 0.50 to determine the minimum amount of total diversion needed in the year 2000 to meet the diversion requirements of Section 41780. (f) The city, county, or member agency of a regional agency shall subtract the total amount of base-year existing diversion from the minimum total diversion required as determined in subdivision (d) or (e) to determine the amount of additional diversion needed to meet the diversion requirements of Section 41780. This amount of additional diversion shall be equal to the minimum amount of additional reduction in disposal amounts which is needed to comply with Section 41780. (Amended by Stats. 1994, Ch. 146, Sec. 179. Effective January 1, 1995.)
  9. 41781.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 6. Planning Requirements [41780 - 41794] ( Heading of Chapter 6 amended by Stats. 1990, Ch. 145, Sec. 42. ) ## ARTICLE 1. Waste Diversion [41780 - 41783.1] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. )

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    This section defines what counts as “solid waste” for calculating diversion requirements, with exceptions.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 6. Planning Requirements [41780 - 41794] ( Heading of Chapter 6 amended by Stats. 1990, Ch. 145, Sec. 42. ) ## ARTICLE 1. Waste Diversion [41780 - 41783.1] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 41781. (a) Except as provided in Sections 41781.1, and 41781.2, for the purpose of determining the base rate of solid waste from which diversion requirements shall be calculated, “solid waste” includes only the following: (1) The amount of solid waste generated within a local agency’s jurisdiction, the types and quantities of which were disposed of at a permitted disposal facility as of January 1, 1990. Nothing in this section requires local agencies to perform waste characterization in addition to the waste characterization requirements established under Sections 41030, 41031, 41330, 41331, and 41332. (2) The amount of solid waste diverted from a disposal facility, transformation facility, or EMSW facility, through source reduction, recycling, or composting. (b) For the purposes of this section, “solid waste” does not include solid waste that would not normally be disposed of at a disposal facility. (c) For the purposes of this chapter, the amount of solid waste from which the required reductions are measured shall be the amount of solid waste existing on January 1, 1990, with future adjustments for increases or decreases in the quantity of waste caused only by changes in population or changes in the number or size of governmental, industrial, or commercial operations in the jurisdiction. (Amended by Stats. 2013, Ch. 411, Sec. 11. (AB 1126) Effective January 1, 2014.)
  10. 41781.1.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 6. Planning Requirements [41780 - 41794] ( Heading of Chapter 6 amended by Stats. 1990, Ch. 145, Sec. 42. ) ## ARTICLE 1. Waste Diversion [41780 - 41783.1] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. )

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    The board must decide, within 180 days of a request, whether sludge diversion can count toward diversion requirements, and it must make a public-hearing finding, consult specified agencies for concurrence, and set ongoing monitoring requirements.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 6. Planning Requirements [41780 - 41794] ( Heading of Chapter 6 amended by Stats. 1990, Ch. 145, Sec. 42. ) ## ARTICLE 1. Waste Diversion [41780 - 41783.1] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 41781.1. (a) Prior to determining that the diversion of sludge may be counted toward the diversion requirements established under Section 41780, but within 180 days of receiving such a request, the board shall do both of the following: (1) Make a finding at a public hearing, based upon substantial evidence, that the sludge has been adequately analyzed and will not pose a threat to public health or the environment for the reuse which is proposed. (A) Except as provided in subparagraph (B), prior to making the finding required to be made pursuant to this paragraph, the board shall consult with each of the following agencies, and obtain their concurrence in the finding, to the extent of each agency’s jurisdiction over the sludge or its intended reuse: (i) The state water board and the regional water boards. (ii) The State Department of Health Services. (iii) The State Air Resources Board and air pollution control districts and air quality management districts. (iv) The Department of Toxic Substances Control. (B) If, prior to the board making the finding required to be made pursuant to this paragraph, an agency specified in subparagraph (A) issues a permit, waste discharge requirements, or imposes other conditions for the reuse of sludge, the agency shall have been deemed to have concurred in that finding. (2) Establish, or ensure that one or more of the agencies specified in subparagraph (A) of paragraph (1) establishes, ongoing monitoring requirements which ensure that the proposed sludge reuse does not pose a threat to health and safety or the environment. (b) It is not the intent of this section to require the board, or the agencies listed in subparagraph (A) of paragraph (1) of subdivision (a), to impose additional requirements or approval procedures for sludge or sludge reuse applications, apart from the requirements and approval procedures already imposed by state and federal law. It is the intent of this section to require that the board determine that each sludge diversion, for which diversion credit is sought, meets all applicable requirements of state and federal law, and thereby provides for maximum protection of the public health and safety and the environment. (Amended by Stats. 1992, Ch. 1293, Sec. 1. Effective January 1, 1993.)
  11. 41781.2.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 6. Planning Requirements [41780 - 41794] ( Heading of Chapter 6 amended by Stats. 1990, Ch. 145, Sec. 42. ) ## ARTICLE 1. Waste Diversion [41780 - 41783.1] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    This section says cities, counties, and regional agencies generally do not have to revise source reduction and recycling elements before board review, but they may do so voluntarily to comply with the section.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 6. Planning Requirements [41780 - 41794] ( Heading of Chapter 6 amended by Stats. 1990, Ch. 145, Sec. 42. ) ## ARTICLE 1. Waste Diversion [41780 - 41783.1] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 41781.2. (a) (1) It is the intent of the Legislature in enacting this section not to require cities, counties, and regional agencies to revise source reduction and recycling elements prior to their submittal to the board for review and approval, except as the elements would otherwise be required to be revised by the board pursuant to this part. Pursuant to Sections 41801.5 and 41811.5, compliance with this section shall be determined by the board when source reduction and recycling elements are submitted to the board pursuant to Section 41791.5. However, any city or county may choose to revise its source reduction and recycling element or any of its components prior to board review of the source reduction and recycling element for the purpose of complying with this section. (2) It is further the intent of the Legislature in enacting this section to ensure that compliance with the diversion requirements of Section 41780 shall be accurately determined based upon a correlation between solid waste which was disposed of at permitted disposal facilities and diversion claims which are subsequently made for that solid waste. (b) For the purposes of this section, the following terms have the following meaning: (1) “Action by a city, county, regional, or local governing body” means franchise or contract conditions, rate or fee schedules, zoning or land use decisions, disposal facility permit conditions, or activities by a waste hauler, recycler, or disposal facility operator acting on behalf of a city, county, regional agency, or local governing body, or other action by the local governing body if the local government action is specifically related to the claimed diversion. (2) “Scrap metal” includes ferrous metals, nonferrous metals, aluminum scrap, other metals, and auto bodies, but does not include aluminum cans, steel cans, or bimetal cans. (3) “Inert solids” includes rock, concrete, brick, sand, soil, fines, asphalt, and unsorted construction and demolition waste. (4) “Agricultural wastes” includes solid wastes of plant and animal origin, which result from the production and processing of farm or agricultural products, including manures, orchard and vineyard prunings, and crop residues, which are removed from the site of generation for solid waste management. Agriculture refers to SIC Codes 011 to 0291, inclusive. (c) For purposes of determining the base amount of solid waste from which the diversion requirements of this article shall be calculated, “solid waste” does not include the diversion of agricultural wastes; inert solids, including inert solids used for structural fill; discarded, white-coated, major appliances; and scrap metals; unless all of the following criteria are met: (1) The city, county, or regional agency demonstrates that the material was diverted from a permitted disposal facility through an action by the city, county, or regional agency which specifically resulted in the diversion. (2) The city, county, or regional agency demonstrates that, prior to January 1, 1990, the solid waste which is claimed to have been diverted was disposed of at a permitted disposal facility in the quantity being claimed as diversion. If historical disposal data is not available, that demonstration may be based upon information available to the city, county, or regional agency which substantiates a reasonable estimate of disposal quantities which is as accurate as is feasible in the absence of historical disposal data. (3) The city, county, or regional agency is implementing, and will continue to implement, source reduction, recycling, and composting programs, as described in its source reduction and recycling element. (d) If a city, county, or regional agency source reduction and recycling element submitted pursuant to this chapter includes the diversion of any of the wastes specified in subdivision (c) for years preceding the year commencing January 1, 1990, that diversion shall not apply to the diversion requirements of Section 41780, unless the criteria in subdivision (c) are met. (e) If a city, county, or regional agency source reduction and recycling element submitted pursuant to this chapter does not contain information sufficient for the city, county, or regional agency to demonstrate to the board whether the criteria in subdivision (c) have been met, the city, county, or regional agency may provide additional information following board review of the source reduction and recycling element pursuant to Section 41791.5. In providing the additional information, Sections 41801.5 and 41811.5 shall apply. (f) In demonstrating whether the requirements of paragraph (1) of subdivision (c) have been met, the city, county, or regional agency shall submit information to the board on local government programs which are specifically related to the claimed diversion. (g) Notwithstanding any other provision of law, for purposes of determining the base amount of solid waste from which the diversion requirements of this article shall be calculated for a city, county, or regional agency which includes biomass conversion in its source reduction and recycling element pursuant to Section 41783.1, the base amount shall include those materials disposed of in the base year at biomass conversion facilities. (Amended by Stats. 1994, Ch. 1227, Sec. 7. Effective January 1, 1995.)
  12. 41781.3.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 6. Planning Requirements [41780 - 41794] ( Heading of Chapter 6 amended by Stats. 1990, Ch. 145, Sec. 42. ) ## ARTICLE 1. Waste Diversion [41780 - 41783.1] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    This section says certain landfill uses of solid waste can count as recycling diversion, but green material used as alternative daily cover is treated differently starting January 1, 2020.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 6. Planning Requirements [41780 - 41794] ( Heading of Chapter 6 amended by Stats. 1990, Ch. 145, Sec. 42. ) ## ARTICLE 1. Waste Diversion [41780 - 41783.1] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 41781.3. (a) (1) Except as provided in paragraph (2), the use of solid waste for beneficial reuse in the construction and operation of a solid waste landfill, including use of alternative daily cover, which reduces or eliminates the amount of solid waste being disposed pursuant to Section 40124, shall constitute diversion through recycling and shall not be considered disposal for purposes of this division. (2) (A) Commencing January 1, 2020, the use of green material as alternative daily cover does not constitute diversion through recycling and shall be considered disposal for purposes of this division. (B) Commencing January 1, 2020, a local jurisdiction that, as a result of not being able to claim diversion for the use of green material as alternative daily cover, does not meet the requirements of Section 41780 shall, in the next annual report required pursuant to Section 41821, identify and address barriers to recycling green material and, if sufficient capacity at facilities that recycle green material is not expected to be operational before the jurisdiction’s next review pursuant to Section 41825, include a plan to address those barriers that are within the control of the local jurisdiction. (C) Commencing January 1, 2020, green material used as alternative daily cover at a solid waste landfill is not subject to the fee imposed on disposed solid waste pursuant to Section 48000. (3) Commencing August 1, 2018, a local jurisdiction shall include in the electronic annual report required pursuant to Section 41821 information on how the local jurisdiction intends to address the requirements of subparagraph (A) of paragraph (2) and divert green material that is being used as alternative daily cover. (b) Before December 31, 1997, pursuant to the department’s authority to adopt rules and regulations pursuant to Section 40502, the department shall, by regulation, establish conditions for the use of alternative daily cover that are consistent with this division. In adopting the regulations, the department shall consider, but is not limited to consideration of, all of the following criteria: (1) Those conditions established in past policies adopted by the department affecting the use of alternative daily cover. (2) Those conditions necessary to provide for the continued economic development, economic viability, and employment opportunities provided by the composting industry in the state. (3) Those performance standards and limitations on maximum functional thickness necessary to ensure protection of public health and safety consistent with state minimum standards. (c) Until the adoption of additional regulations, the use of alternative daily cover shall be governed by the conditions established by the department in its existing regulations set forth in paragraph (3) of subdivision (b) of, and paragraph (3) of subdivision (c) of, Section 18813 of Title 14 of the California Code of Regulations, as those sections read on January 1, 1997, and by the conditions established in the department’s policy adopted on January 25, 1995. (d) In adopting rules and regulations pursuant to this division, including, but not limited to, Part 2 (commencing with Section 40900), the department shall provide guidance to local enforcement agencies on any conditions and restrictions on the utilization of alternative daily cover so as to ensure proper enforcement of those rules and regulations. (e) Nothing in this section modifies, limits, or abrogates the authority of a local jurisdiction with respect to land use, zoning, or facility siting decisions within that local jurisdiction. (f) For purposes of this section, “green material” has the same meaning as “processed green material,” as defined in subdivision (b) of Section 20690 of Title 27 of the California Code of Regulations. The term does not include materials left over from the composting process, materials left over after the material recovery process, commonly referred to as “fines,” or processed construction and demolition waste materials. (g) For purposes of this section, “processed construction and demolition waste material” has the same meaning as defined in subdivision (b) of Section 20690 of Title 27 of the California Code of Regulations. (Amended by Stats. 2014, Ch. 719, Sec. 2. (AB 1594) Effective January 1, 2015.)
  13. 41781.4.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 6. Planning Requirements [41780 - 41794] ( Heading of Chapter 6 amended by Stats. 1990, Ch. 145, Sec. 42. ) ## ARTICLE 1. Waste Diversion [41780 - 41783.1] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    A mixture of plastic wastes exported for recycling is generally treated as disposal, unless it meets the listed recycling conditions.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 6. Planning Requirements [41780 - 41794] ( Heading of Chapter 6 amended by Stats. 1990, Ch. 145, Sec. 42. ) ## ARTICLE 1. Waste Diversion [41780 - 41783.1] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 41781.4. (a) Except as provided in subdivision (b), the export of a mixture of plastic wastes shall not constitute diversion through recycling and shall be considered disposal for purposes of this division. (b) Plastic waste export that is a mixture of plastic wastes shall constitute diversion through recycling and shall not be considered disposal for purposes of this division if it meets both of the following criteria: (1) The plastic waste export is a mixture of plastic wastes consisting of polyethylene, polypropylene, or polyethylene terephthalate and the export is destined for separate recycling of each material. (2) The plastic waste export is not prohibited by an applicable law or treaty of the country of destination and the import of the plastic waste into the country of destination will be conducted in accordance with all applicable laws and treaties of the country of destination. (c) For purposes of this section, “export” means export out of the country. Until January 1, 2024, or the expiration of a relevant trade agreement or arrangement with Canada or Mexico, whichever is later, “export” does not include export to Canada or Mexico. (Added by Stats. 2021, Ch. 501, Sec. 1. (AB 881) Effective January 1, 2022.)
  14. 41782.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 6. Planning Requirements [41780 - 41794] ( Heading of Chapter 6 amended by Stats. 1990, Ch. 145, Sec. 42. ) ## ARTICLE 1. Waste Diversion [41780 - 41783.1] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    The board may adjust reported diversion amounts in limited cases, and the local jurisdiction must report specified facility information if an adjustment is granted. The board must later rescind the adjustment if later review shows the waste can now be diverted.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 6. Planning Requirements [41780 - 41794] ( Heading of Chapter 6 amended by Stats. 1990, Ch. 145, Sec. 42. ) ## ARTICLE 1. Waste Diversion [41780 - 41783.1] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 41782. (a) The board may make adjustments to the amounts reported pursuant to subdivisions (a) and (c) of Section 41821.5, if the city, county, or regional agency demonstrates, and the board concurs, based on substantial evidence in the record, that achievement of the diversion requirements of Section 41780 is not feasible due to either of the following circumstances: (1) A medical waste treatment facility, as defined in subdivision (a) of Section 25025 of the Health and Safety Code, accepts untreated medical waste, which was generated outside of the jurisdiction, for purposes of treatment, and the medical waste, when treated, becomes solid waste. (2) (A) A regional diversion facility within the jurisdiction accepts material generated outside the jurisdiction and the conversion or processing of that material results in the production of residual solid waste that cannot feasibly be diverted. Any adjustment provided pursuant to this paragraph shall apply only to that portion of the residual solid waste produced as a consequence of processing material that is not subject to the reporting requirements of subdivisions (a) and (c) of Section 41821.5 and that cannot feasibly be allocated to the originating jurisdiction. (B) For purposes of granting the reduction specified in subparagraph (A) and for the purpose of calculating compliance with the diversion requirements of Section 41780, “regional diversion facility” means a facility which meets all of the following criteria: (1) The facility accepts material for recycling from both within and without the jurisdiction of the city or county within which it is located. (2) All material accepted by the facility has been source-separated for the purpose of being processed prior to its arrival at the facility. (3) The residual solid waste generated by the facility is a byproduct of the recycling that takes place at the facility. (4) The facility is not a solid waste facility or solid waste handling operation pursuant to Section 43020. (5) The facility contributes to regional efforts to divert solid waste from disposal. (b) If the board makes an adjustment pursuant to subdivision (a), the annual report required pursuant to Section 41821 by the jurisdiction, within which a medical waste treatment facility or regional diversion facility described in subdivision (a) is located, shall include all of the following information: (1) The total amount of residual solid waste produced at the facility. (2) The waste types and amounts in the residual solid waste that cannot feasibly be diverted. (3) The factors that continue to prevent the waste types from being feasibly diverted. (4) Any changes since the petition for adjustment was granted or since the last annual report. (5) The additional efforts undertaken by the jurisdiction to divert the waste produced at the facility. (c) Based upon the information submitted pursuant to subdivision (b), if the board finds, as part of the biennial review pursuant to Section 41825, that the residual solid waste that previously could not be diverted can now be diverted, the board shall rescind the adjustment commensurate with the amount of diversion of the residual tonnages. (d) It is not the intent of the Legislature to exempt any solid waste facility or handling operation from periodic tracking and the reporting of disposal tonnages in accordance with the regulations adopted by the board pursuant to subdivisions (a) and (c) of Section 41821.5, or from the permitting requirements pursuant to Section 43020. (Amended by Stats. 1995, Ch. 665, Sec. 1. Effective January 1, 1996.)
  15. 41783.1.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 6. Planning Requirements [41780 - 41794] ( Heading of Chapter 6 amended by Stats. 1990, Ch. 145, Sec. 42. ) ## ARTICLE 1. Waste Diversion [41780 - 41783.1] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    A city, county, or regional agency may count up to 10% biomass conversion toward the 50% diversion requirement, but only if specified conditions are met.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 6. Planning Requirements [41780 - 41794] ( Heading of Chapter 6 amended by Stats. 1990, Ch. 145, Sec. 42. ) ## ARTICLE 1. Waste Diversion [41780 - 41783.1] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 41783.1. For any city, county, or regional agency source reduction and recycling element submitted to the department after January 1, 1995, the 50 percent diversion requirement specified in paragraph (2) of subdivision (a) of Section 41780 may include not more than 10 percent through biomass conversion if all of the following conditions are met: (a) The biomass conversion project exclusively processes biomass. (b) The biomass conversion project is in compliance with all applicable air quality laws, rules, and regulations. (c) The ash or other residue from the biomass conversion project is regularly tested to determine if it is hazardous waste and, if it is determined to be hazardous waste, the ash or other residue is sent to a class 1 hazardous waste disposal facility. (d) The department determines, at a public hearing, based upon substantial evidence in the record, that the city, county, or regional agency is, and will continue to be, effectively implementing all feasible source reduction, recycling, and composting measures. (e) The city, county, or regional agency does not include transformation in its source reduction and recycling element. (Amended by Stats. 2022, Ch. 342, Sec. 4. (AB 1857) Effective January 1, 2023.)
  16. 41787.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 6. Planning Requirements [41780 - 41794] ( Heading of Chapter 6 amended by Stats. 1990, Ch. 145, Sec. 42. ) ## ARTICLE 1.5. Rural Assistance [41787 - 41787.5] ( Article 1.5 added by Stats. 1994, Ch. 1227, Sec. 12. )

    Verify source ↗

    The board may reduce diversion requirements for certain rural cities or rural counties if strict feasibility and program requirements are met, and must order compliance again if eligibility later ends.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 6. Planning Requirements [41780 - 41794] ( Heading of Chapter 6 amended by Stats. 1990, Ch. 145, Sec. 42. ) ## ARTICLE 1.5. Rural Assistance [41787 - 41787.5] ( Article 1.5 added by Stats. 1994, Ch. 1227, Sec. 12. ) ## 41787. (a) (1) The board may reduce the diversion requirements of Section 41780 for a rural city if the rural city demonstrates, and the board concurs, based on substantial evidence in the record, that achievement of the diversion requirements is not feasible due to both of the following conditions: (A) The small geographic size or low population density of the rural city. (B) The small quantity of solid waste generated within the rural city. (2) The board may reduce the diversion requirements of Section 41780 for the unincorporated area of a rural county if the rural county demonstrates, and the board concurs, based on substantial evidence in the record, that achievement of the diversion requirements is not feasible due to both of the following conditions: (A) The large geographic size or low population density of the rural county. (B) The small quantity of solid waste generated within the rural county. (3) The board may grant a reduction in diversion requirements pursuant to this subdivision only if the rural city or the rural county demonstrates to the board, and the board concurs, based on substantial evidence in the record, that it has, at a minimum, implemented all of the following programs: (A) A source reduction and recycling program designed to handle the predominant classes and types of solid waste generated within the rural city or rural county. (B) A public sector diversion and procurement program. (C) A public information and education program. (b) If, as part of the review performed pursuant to Section 41825, the board finds that a rural city or a rural county, which previously qualified for a reduction in diversion requirements pursuant to subdivision (a), is no longer eligible for that reduction, the board shall issue an order requiring the rural city or rural county to comply with the diversion requirements of Section 41780. (Added by Stats. 1994, Ch. 1227, Sec. 12. Effective January 1, 1995.)
  17. 41787.1.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 6. Planning Requirements [41780 - 41794] ( Heading of Chapter 6 amended by Stats. 1990, Ch. 145, Sec. 42. ) ## ARTICLE 1.5. Rural Assistance [41787 - 41787.5] ( Article 1.5 added by Stats. 1994, Ch. 1227, Sec. 12. )

    Verify source ↗

    Rural cities and counties may form a rural regional agency, and the board may reduce certain diversion requirements if strict conditions are met.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 6. Planning Requirements [41780 - 41794] ( Heading of Chapter 6 amended by Stats. 1990, Ch. 145, Sec. 42. ) ## ARTICLE 1.5. Rural Assistance [41787 - 41787.5] ( Article 1.5 added by Stats. 1994, Ch. 1227, Sec. 12. ) ## 41787.1. (a) Rural cities and rural counties may join to form rural regional agencies pursuant to Article 3 (commencing with Section 40970) of Chapter 1. (b) A rural regional agency, and not the rural cities or rural counties which are member jurisdictions of the rural regional agency, may be responsible for compliance with Article 1 (commencing with Section 41780) of Chapter 6 if specified in the agreement pursuant to which the rural regional agency is formed. (c) (1) The board may reduce the diversion requirements of Section 41780 for a rural regional agency, if the rural regional agency demonstrates, and the board concurs, based on substantial evidence in the record, that achievement of the diversion requirements is not feasible because adverse market or economic conditions beyond the control of the rural regional agency prevent it from meeting the requirements of Section 41780. (2) Before a rural regional agency may be granted a reduction in diversion requirements pursuant to paragraph (1), it shall demonstrate that, at a minimum, it has established all of the following regionwide programs: (A) A source reduction and recycling program or programs designed to handle the predominant classes and types of solid waste generated within the rural regional agency. (B) A regional diversion and procurement program or programs. (C) A regional public information and education program or programs. (d) (1) Notwithstanding Section 40974, any civil penalty imposed on a rural regional agency by the board pursuant to Section 41813 or 41850 shall be imposed only on a member rural city or county that is in violation of this division as a city or county irrespective of its membership in the rural regional agency. If a rural regional agency elects to apportion penalties pursuant to this subdivision, the member jurisdiction to that rural regional agency shall, as a condition of the agreement establishing the rural regional agency, be required to account on an individual jurisdictional basis for their compliance with the diversion requirements of Section 41780, as prescribed by Section 41780.2. (2) In determining whether to impose a penalty on a member of a rural regional agency pursuant to this subdivision, the board may consider all of the following: (A) The relevant circumstances that resulted in the agency’s failure to achieve the diversion requirements of paragraphs (1) and (2) of subdivision (a) of Section 41780, and whether the member contributed to the circumstances that resulted in the failure to achieve the diversion requirements. (B) Whether the agency’s joint powers agreement specifies that all liability for fines and penalties rests with the member, with no liability assigned to the agency. (C) Whether the imposition of penalties on members and not on the agency would provide for flexibility that would allow the agency to resolve the problem that is preventing the members from meeting the diversion requirements. (D) Limiting penalties to a maximum of ten thousand dollars ($10,000) per day if a member’s failure does not cause other members or the agency to fail to implement programs in the agency’s source reduction and recycling element. (Amended by Stats. 1996, Ch. 21, Sec. 1. Effective January 1, 1997.)
  18. 41787.2.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 6. Planning Requirements [41780 - 41794] ( Heading of Chapter 6 amended by Stats. 1990, Ch. 145, Sec. 42. ) ## ARTICLE 1.5. Rural Assistance [41787 - 41787.5] ( Article 1.5 added by Stats. 1994, Ch. 1227, Sec. 12. )

    Verify source ↗

    Certain rural cities or counties may join a rural regional agency, and the board may allow a qualifying agency to take on compliance responsibility; otherwise, a larger agency may not assume that responsibility without board authorization.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 6. Planning Requirements [41780 - 41794] ( Heading of Chapter 6 amended by Stats. 1990, Ch. 145, Sec. 42. ) ## ARTICLE 1.5. Rural Assistance [41787 - 41787.5] ( Article 1.5 added by Stats. 1994, Ch. 1227, Sec. 12. ) ## 41787.2. (a) A rural city or a rural county, which has received, or is eligible for, a reduction in diversion requirements pursuant to Section 41787, may become a member of a rural regional agency for the purpose of complying with the diversion requirements of Section 41780, in which case the region’s maximum disposal tonnage allowable shall be calculated as follows: (1) Determining the regional maximum disposal tonnage allowable, excluding members with reduced diversion requirements. (2) Determining the maximum disposal tonnage allowable for those members authorized to meet reduced diversion requirements. (3) Adding the calculated maximum disposal tonnages determined pursuant to paragraphs (1) and (2) to determine the regional maximum disposal tonnage allowable. (b) (1) A rural regional agency may not assume responsibility for compliance with diversion requirements upon formation pursuant to subdivision (b) of Section 41787.1, and for compliance with Article 1 (commencing with Section 41780), if the rural regional agency is comprised of more than two rural counties, unless authorized by the board pursuant to paragraph (2). (2) The board may authorize the assumption of responsibility for compliance with diversion requirements by a rural regional agency upon formation, which is comprised of more than two rural counties, if the board finds that the rural regional agency’s assumption of responsibility will not adversely affect compliance with this part. (Added by Stats. 1994, Ch. 1227, Sec. 12. Effective January 1, 1995.)
  19. 41787.3.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 6. Planning Requirements [41780 - 41794] ( Heading of Chapter 6 amended by Stats. 1990, Ch. 145, Sec. 42. ) ## ARTICLE 1.5. Rural Assistance [41787 - 41787.5] ( Article 1.5 added by Stats. 1994, Ch. 1227, Sec. 12. )

    Verify source ↗

    The board must develop model programs and materials to help rural cities and rural counties comply with specified waste management requirements.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 6. Planning Requirements [41780 - 41794] ( Heading of Chapter 6 amended by Stats. 1990, Ch. 145, Sec. 42. ) ## ARTICLE 1.5. Rural Assistance [41787 - 41787.5] ( Article 1.5 added by Stats. 1994, Ch. 1227, Sec. 12. ) ## 41787.3. The board, in consultation with rural cities and rural counties, shall develop model programs and materials to assist rural cities and rural counties in complying with the requirements of Chapter 2 (commencing with Section 41000) and Chapter 3 (commencing with Section 41300). Those model programs and materials shall be designed to assist rural cities and rural counties in achieving the purposes of this division in a manner which minimizes, to the maximum extent feasible, the costs imposed on rural cities and rural counties to comply with this division. (Added by Stats. 1994, Ch. 1227, Sec. 12. Effective January 1, 1995.)
  20. 41787.4.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 6. Planning Requirements [41780 - 41794] ( Heading of Chapter 6 amended by Stats. 1990, Ch. 145, Sec. 42. ) ## ARTICLE 1.5. Rural Assistance [41787 - 41787.5] ( Article 1.5 added by Stats. 1994, Ch. 1227, Sec. 12. )

    Verify source ↗

    The board may grant a two-year extension from certain diversion requirements to a rural city, rural county, or rural regional agency if specified findings and plans are made.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 6. Planning Requirements [41780 - 41794] ( Heading of Chapter 6 amended by Stats. 1990, Ch. 145, Sec. 42. ) ## ARTICLE 1.5. Rural Assistance [41787 - 41787.5] ( Article 1.5 added by Stats. 1994, Ch. 1227, Sec. 12. ) ## 41787.4. Notwithstanding Section 41820, the board may grant a two-year time extension from the diversion requirements of Section 41780 to a rural city, rural county, or rural regional agency if all of the following conditions are met: (a) The board adopts written findings, based on substantial evidence in the record, that adverse market or economic conditions beyond the control of the rural city, rural county, or rural regional agency prevent the rural city, rural county, or rural regional agency from meeting the diversion requirements. (b) The rural city, rural county, or rural regional agency submits a plan of correction that demonstrates how it will meet the diversion requirements before the time extension expires, which includes the source reduction, recycling, and composting programs it will implement and states how those programs will be funded. (c) The rural city, rural county, or rural regional agency demonstrates that it is achieving the maximum feasible amount of source reduction, recycling, or composting of solid waste within its jurisdiction. (Added by Stats. 1994, Ch. 1227, Sec. 12. Effective January 1, 1995.)
  21. 41787.5.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 6. Planning Requirements [41780 - 41794] ( Heading of Chapter 6 amended by Stats. 1990, Ch. 145, Sec. 42. ) ## ARTICLE 1.5. Rural Assistance [41787 - 41787.5] ( Article 1.5 added by Stats. 1994, Ch. 1227, Sec. 12. )

    Verify source ↗

    Other provisions of this division generally apply to rural cities, rural counties, and rural regional agencies unless they conflict with this article’s express provisions.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 6. Planning Requirements [41780 - 41794] ( Heading of Chapter 6 amended by Stats. 1990, Ch. 145, Sec. 42. ) ## ARTICLE 1.5. Rural Assistance [41787 - 41787.5] ( Article 1.5 added by Stats. 1994, Ch. 1227, Sec. 12. ) ## 41787.5. Unless in conflict with the express provisions of this article, all other provisions of this division, as appropriate, shall apply to rural cities, rural counties, and rural regional agencies to the same extent that those provisions apply to nonrural cities, counties, and regional agencies. (Added by Stats. 1994, Ch. 1227, Sec. 12. Effective January 1, 1995.)
  22. 4179.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Prevention and Control of Forest Fires [4101 - 4209.5] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 7. Public Nuisances [4171 - 4181] ( Article 7 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    The department must record a notice of lien with the county recorder within the stated time limits, and the lien then has the same force and priority as a judgment lien.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Prevention and Control of Forest Fires [4101 - 4209.5] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 7. Public Nuisances [4171 - 4181] ( Article 7 added by Stats. 1965, Ch. 1144. ) ## 4179. Notice of the lien, particularly identifying the property on which the nuisance was abated and the amount of such lien, and naming the owner of record of such property, shall be recorded by the department in the office of the county recorder of the county in which the property is situated within one year after the first item of expenditures by the department or within 90 days after the completion of the work, whichever first occurs. Upon such recordation of the notice of lien, the lien shall have the same force, effect, and priority as a judgment lien, except that it shall attach only to the property described in such notice, and shall continue for 10 years from the time of recording of such notice unless sooner released or otherwise discharged. (Amended by Stats. 1976, Ch. 1300.)
  23. 4179.5.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Prevention and Control of Forest Fires [4101 - 4209.5] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 7. Public Nuisances [4171 - 4181] ( Article 7 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    The Attorney General may release or subordinate certain liened property if collection remains adequately secured or not jeopardized.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Prevention and Control of Forest Fires [4101 - 4209.5] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 7. Public Nuisances [4171 - 4181] ( Article 7 added by Stats. 1965, Ch. 1144. ) ## 4179.5. The Attorney General may at any time release all or any portion of the property subject to a lien imposed pursuant to Sections 4178 and 4179 from the lien or subordinate the lien to other liens and encumbrances if the Attorney General determines that the amount owed is sufficiently secured by a lien on other property or that the release or subordination of the lien will not jeopardize the collection of the amount owed. A certificate by the Attorney General to the effect that any property has been released from the lien or that the lien has been subordinated to other liens and encumbrances shall be conclusive evidence that the property has been released or that the lien has been subordinated as provided in the certificate. (Amended by Stats. 2021, Ch. 133, Sec. 63. (SB 272) Effective July 23, 2021.)
  24. 41790.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 6. Planning Requirements [41780 - 41794] ( Heading of Chapter 6 amended by Stats. 1990, Ch. 145, Sec. 42. ) ## ARTICLE 2. Board Review [41790 - 41794] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    The board must review county and city source reduction and recycling elements, and countywide integrated waste management plans, to check whether they comply with the referenced article.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 6. Planning Requirements [41780 - 41794] ( Heading of Chapter 6 amended by Stats. 1990, Ch. 145, Sec. 42. ) ## ARTICLE 2. Board Review [41790 - 41794] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 41790. In order to coordinate solid waste management activities throughout the state and to ensure that Article 2 (commencing with Section 40050) of Chapter 1 of Part 1 is implemented, the board shall review each county and city source reduction and recycling element and each countywide integrated waste management plan adopted pursuant to this part to determine if it complies with Article 2 (commencing with Section 40050) of Chapter 1 of Part 1. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  25. 41791.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 6. Planning Requirements [41780 - 41794] ( Heading of Chapter 6 amended by Stats. 1990, Ch. 145, Sec. 42. ) ## ARTICLE 2. Board Review [41790 - 41794] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    Cities, counties, and regional agencies must submit certain waste management plans to the board within a set time after the Office of Administrative Law approves related regulations.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 6. Planning Requirements [41780 - 41794] ( Heading of Chapter 6 amended by Stats. 1990, Ch. 145, Sec. 42. ) ## ARTICLE 2. Board Review [41790 - 41794] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 41791. (a) If any city or county has less than eight years of remaining disposal site capacity, the countywide integrated waste management plan shall be submitted to the board within 12 months after the Office of Administrative Law formally approves regulations for the preparation of countywide siting elements and countywide integrated waste management plans pursuant to Section 11349.3 of the Government Code. (b) If any city or county has eight or more years of remaining disposal site capacity, the countywide integrated waste management plan shall be submitted to the board within 18 months after the Office of Administrative Law formally approves regulations for the preparation of countywide siting elements and countywide integrated waste management plans pursuant to Section 11349.3 of the Government Code. (c) A regional agency integrated waste management plan shall be submitted to the board within 18 months after the Office of Administrative Law formally approves regulations for the preparation of countywide siting elements and countywide integrated waste management plans pursuant to Section 11349.3 of the Government Code. (Amended by Stats. 1992, Ch. 1292, Sec. 37. Effective January 1, 1993.)
  26. 41791.1.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 6. Planning Requirements [41780 - 41794] ( Heading of Chapter 6 amended by Stats. 1990, Ch. 145, Sec. 42. ) ## ARTICLE 2. Board Review [41790 - 41794] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    When reviewing, commenting on, approving, or disapproving integrated waste management plans, the board must consider specified shared-responsibility and regional-cooperation factors.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 6. Planning Requirements [41780 - 41794] ( Heading of Chapter 6 amended by Stats. 1990, Ch. 145, Sec. 42. ) ## ARTICLE 2. Board Review [41790 - 41794] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 41791.1. In reviewing, commenting upon, and approving or disapproving integrated waste management plans and the elements thereof, the board shall take into account both of the following: (a) The shared responsibility which exists under law between the board and local agencies for activities such as the development of markets for materials diverted from disposal facilities, public education and information, and source reduction. (b) The importance of promoting regional cooperation among local agencies, and cooperation between local agencies and the board in achieving the objectives of this division, to the extent that cooperation will result in more cost-effective and efficient implementation of this division. (Added by Stats. 1992, Ch. 1292, Sec. 38. Effective January 1, 1993.)
  27. 41791.2.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 6. Planning Requirements [41780 - 41794] ( Heading of Chapter 6 amended by Stats. 1990, Ch. 145, Sec. 42. ) ## ARTICLE 2. Board Review [41790 - 41794] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    When reviewing integrated waste management plans, the board must help local agencies develop regional cooperative approaches if local agencies request help in the same region and the approaches would make implementation more efficient and cost-effective.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 6. Planning Requirements [41780 - 41794] ( Heading of Chapter 6 amended by Stats. 1990, Ch. 145, Sec. 42. ) ## ARTICLE 2. Board Review [41790 - 41794] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 41791.2. In reviewing, commenting upon, and approving or disapproving integrated waste management plans and the elements thereof, the board shall assist local agencies, to the extent that local agencies request this assistance within the same region, in developing regional cooperative approaches to source reduction, public information and education, and market development, if the approaches result in more efficient and cost-effective implementation of this division. (Added by Stats. 1992, Ch. 1292, Sec. 39. Effective January 1, 1993.)
  28. 41791.5.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 6. Planning Requirements [41780 - 41794] ( Heading of Chapter 6 amended by Stats. 1990, Ch. 145, Sec. 42. ) ## ARTICLE 2. Board Review [41790 - 41794] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    Cities, counties, and regional agencies must submit specified waste management elements to the board by deadlines that depend on remaining disposal site capacity; certain newly incorporated cities have an 18-month deadline.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 6. Planning Requirements [41780 - 41794] ( Heading of Chapter 6 amended by Stats. 1990, Ch. 145, Sec. 42. ) ## ARTICLE 2. Board Review [41790 - 41794] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 41791.5. (a) (1) Notwithstanding Section 41791, and except as provided in subdivision (b), each city, county, and regional agency shall submit its source reduction and recycling element and its nondisposal facility element to the board in accordance with the following schedule: (A) For any jurisdiction with less than eight years of remaining disposal site capacity, the source reduction and recycling element and the nondisposal facility element shall be submitted on or before April 30, 1994. (B) For any jurisdiction with eight or more years, but less than 15 years, of remaining disposal site capacity, the source reduction and recycling element and the nondisposal facility element shall be submitted on or before August 31, 1994. (C) For any jurisdiction with 15 or more years of remaining disposal site capacity, the source reduction and recycling element and the nondisposal facility element shall be submitted on or before December 31, 1994. (2) For purposes of this section, “remaining disposal site capacity” means capacity remaining as of January 1, 1990. For each jurisdiction, disposal site capacity shall be deemed to be the countywide permitted disposal site capacity. (3) Notwithstanding Section 41791, a county or regional agency that has adopted a countywide or regional agency integrated waste management plan may submit the plan and its elements to the board for review and approval pursuant to the schedule set forth in paragraph (1). (b) A city which is incorporated after January 1, 1990, shall submit a source reduction and recycling element, a household hazardous waste element, and a nondisposal facility element to the board for approval within 18 months from the date that the city was incorporated or within 18 months of the effective date of this section, whichever is later. (Amended by Stats. 1994, Ch. 1150, Sec. 1. Effective September 30, 1994.)
  29. 41792.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 6. Planning Requirements [41780 - 41794] ( Heading of Chapter 6 amended by Stats. 1990, Ch. 145, Sec. 42. ) ## ARTICLE 2. Board Review [41790 - 41794] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    Cities and counties are to begin efforts to implement source reduction, recycling, or composting immediately when this part takes effect.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 6. Planning Requirements [41780 - 41794] ( Heading of Chapter 6 amended by Stats. 1990, Ch. 145, Sec. 42. ) ## ARTICLE 2. Board Review [41790 - 41794] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 41792. It is the intent of the Legislature, in enacting this part, that cities and counties shall commence efforts to implement source reduction, recycling, or composting activities immediately upon enactment of this part, in order to achieve the deadlines specified under this chapter. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  30. 41793.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 6. Planning Requirements [41780 - 41794] ( Heading of Chapter 6 amended by Stats. 1990, Ch. 145, Sec. 42. ) ## ARTICLE 2. Board Review [41790 - 41794] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    Each county or city must hold at least one public hearing before approving certain waste management plans and elements.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 6. Planning Requirements [41780 - 41794] ( Heading of Chapter 6 amended by Stats. 1990, Ch. 145, Sec. 42. ) ## ARTICLE 2. Board Review [41790 - 41794] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 41793. Each county or city shall hold at least one public hearing before approving its source reduction and recycling element, household hazardous waste element, and the countywide integrated waste management plan. (Amended by Stats. 1990, Ch. 1406, Sec. 9.)
  31. 41794.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 6. Planning Requirements [41780 - 41794] ( Heading of Chapter 6 amended by Stats. 1990, Ch. 145, Sec. 42. ) ## ARTICLE 2. Board Review [41790 - 41794] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    Any city may submit its source reduction and recycling element or nondisposal facility element to the board for review before the dates set out in Section 41791.5.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 6. Planning Requirements [41780 - 41794] ( Heading of Chapter 6 amended by Stats. 1990, Ch. 145, Sec. 42. ) ## ARTICLE 2. Board Review [41790 - 41794] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 41794. Any city may submit its city source reduction and recycling element or nondisposal facility element to the board for review before the dates in the schedule in Section 41791.5. (Amended by Stats. 1993, Ch. 1169, Sec. 11. Effective October 11, 1993.)
  32. 4180.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Prevention and Control of Forest Fires [4101 - 4209.5] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 7. Public Nuisances [4171 - 4181] ( Article 7 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    The Attorney General must start a lien foreclosure action within six months after the lien is filed and recorded.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Prevention and Control of Forest Fires [4101 - 4209.5] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 7. Public Nuisances [4171 - 4181] ( Article 7 added by Stats. 1965, Ch. 1144. ) ## 4180. An action to foreclose the lien shall be commenced by the Attorney General in the name of the people of the State of California within six months after the lien is filed and recorded. (Added by Stats. 1965, Ch. 1144.)
  33. 41800.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 7. Approval of Local Planning [41800 - 41851] ( Chapter 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Board Approval [41800 - 41802] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    The department must review certain waste management plans and facility elements within 120 days and approve, conditionally approve, or disapprove them based on compliance.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 7. Approval of Local Planning [41800 - 41851] ( Chapter 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Board Approval [41800 - 41802] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 41800. (a) Except as provided in subdivision (b), within 120 days from the date of receipt of a countywide or regional integrated waste management plan that the department has determined to be complete, or any element of the plan that the department has determined to be complete, the department shall determine whether the plan or element is in compliance with Article 2 (commencing with Section 40050) of Chapter 1 of Part 1, Chapter 2 (commencing with Section 41000), and Chapter 5 (commencing with Section 41750), and, based upon that determination, the department shall approve, conditionally approve, or disapprove the plan or element. (b) (1) Within 120 days from the date of receipt of a city, county, or regional agency nondisposal facility element that the department has determined to be complete, the department shall determine whether the element that the department has determined to be complete is in compliance with Chapter 4.5 (commencing with Section 41730) and Article 1 (commencing with Section 41780) of Chapter 6, and, based upon that determination, the department shall approve, conditionally approve, or disapprove the element within that time period. (2) In reviewing the element, the department shall: (A) Not consider the estimated capacity of the facility or facilities in the element unless the department determines that this information is needed to determine whether the element meets the requirements of Article 1 (commencing with Section 41780) of Chapter 6. (B) Recognize that individual facilities represent portions of local plans or programs that are designed to achieve the diversion requirements of Section 41780 and therefore may not arbitrarily require new or expanded diversion at proposed facilities. (C) Not disapprove an element that includes a transfer station or other facility solely because the facility does not contribute toward the jurisdiction’s efforts to comply with Section 41780. (c) If the department does not act to approve, conditionally approve, or disapprove an element that the department has determined to be complete within 120 days, the department shall be deemed to have approved the element. (Amended by Stats. 2011, Ch. 476, Sec. 11. (AB 341) Effective January 1, 2012.)
  34. 41801.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 7. Approval of Local Planning [41800 - 41851] ( Chapter 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Board Approval [41800 - 41802] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    Before approving or conditionally approving certain waste management plans, the board must adopt written findings based on substantial evidence.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 7. Approval of Local Planning [41800 - 41851] ( Chapter 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Board Approval [41800 - 41802] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 41801. Before approving or conditionally approving a countywide or regional integrated waste management plan, or any element of the plan, pursuant to Section 41800, the board shall adopt written findings, based on substantial evidence in the record, that implementing the plan or element will achieve the requirements established pursuant to this part, including the diversion requirements of Section 41780. (Amended by Stats. 1994, Ch. 1227, Sec. 14. Effective January 1, 1995.)
  35. 41801.5.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 7. Approval of Local Planning [41800 - 41851] ( Chapter 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Board Approval [41800 - 41802] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    If the board cannot tell whether certain waste-diversion requirements were met, it must notify the city, county, or regional agency and treat the diversion as excluded for compliance calculations. The board must also approve or conditionally approve the element if the stated conditions are met, and the local agency must revise and resubmit the element to reflect excluded wastes.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 7. Approval of Local Planning [41800 - 41851] ( Chapter 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Board Approval [41800 - 41802] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 41801.5. (a) If an element submitted to the board for final review includes the diversion of any solid wastes specified in subdivision (c) of Section 41781.2 for years preceding the year commencing January 1, 1990, and the board is unable to determine whether the requirements of Section 41781.2 have been met, the board shall notify the city, county, or regional agency that the diversion is excluded for purposes of calculating compliance with Section 41780. The board shall notify the city, county, or regional agency of the exclusion within 60 days from the date of receipt of the element for final review. If an element has been submitted to the board for final review prior to January 1, 1993, the board shall notify the submitting city, county, or regional agency of the exclusion on or before March 1, 1993. (b) The notice shall be based upon a summary review undertaken solely for the purpose of determining whether the source reduction and recycling element includes any diversion of wastes excluded by Section 41781.2, and whether the element contains information sufficient for the board to determine whether the requirements of that section have been met. The summary review and notice shall be undertaken by the board concurrent with the board’s review and approval, conditional approval, or disapproval of source reduction and recycling elements pursuant to Section 41800. (c) The board shall approve or conditionally approve the source reduction and recycling element, if wastes have been excluded pursuant to Section 41781.2, if the board finds, pursuant to Section 41801, that, notwithstanding that exclusion, the element will achieve the requirements established pursuant to this part, including the diversion requirements of Section 41780. (d) If the source reduction and recycling element is approved or conditionally approved pursuant to this section, the city, county, or regional agency shall revise the element to reflect the excluded wastes and shall submit any such revisions to the board pursuant to Section 41822. (Amended by Stats. 1994, Ch. 1227, Sec. 15. Effective January 1, 1995.)
  36. 41802.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 7. Approval of Local Planning [41800 - 41851] ( Chapter 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Board Approval [41800 - 41802] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    The board must approve or disapprove a household hazardous waste element within 120 days after receiving it, and it may not disapprove the element if the local agency shows it will meet the listed requirements.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 7. Approval of Local Planning [41800 - 41851] ( Chapter 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Board Approval [41800 - 41802] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 41802. (a) Within 120 days from the date of receipt of a household hazardous waste element, the board shall approve or disapprove the element. (b) The board shall not disapprove a household hazardous waste element if the local agency preparing the element demonstrates to the board that, in implementing the household hazardous waste element, the local agency will comply with all of the following requirements: (1) The local agency will use feasible methods to properly reduce, collect, recycle, treat, and dispose of household hazardous waste generated within its jurisdiction. (2) The local agency will devote reasonable expenditures to the safe reduction, collection, recycling, treatment, and disposal of household hazardous waste, relative to the other expenditures required by this division, and relative to the expenditures for household hazardous waste programs which were awarded grants of funds pursuant to Section 46401 as it read on January 1, 1993. (3) The local agency will make all reasonable efforts to inform the public of, and to encourage public participation in, the household hazardous waste program. (4) Regardless of the number of household hazardous waste collection events held each year by a local agency, or the actual number of households served, the collection program is available for use by all households within the jurisdiction of the local agency, and provides a safe alternative for all residents within the jurisdiction of the local agency to properly and safely dispose of household hazardous waste. (c) (1) In determining whether a local agency meets the conditions for approval of a household hazardous waste element set forth in subdivision (b), the board shall consider the geographic size and population of the city or county and the quantity of household hazardous waste generated within the jurisdiction of the city or county. (2) The board may provide an exemption from the requirements of subdivision (b) if a city, county, or a regional agency demonstrates, and the board concurs, that compliance with those requirements is not feasible due to the small geographic size of the city, county, or regional agency and the small quantity of solid waste generated within the city, county, or regional agency. The board may establish alternative, but less comprehensive, requirements for those cities, counties, or regional agencies to ensure compliance with this division. (Amended by Stats. 1996, Ch. 1038, Sec. 8. Effective September 29, 1996.)
  37. 4181.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Prevention and Control of Forest Fires [4101 - 4209.5] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 7. Public Nuisances [4171 - 4181] ( Article 7 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    When the property is sold, sale proceeds must first cover the lien and foreclosure costs, and any surplus goes to the owner or, if the owner is unknown, to the court for the owner’s later use.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Prevention and Control of Forest Fires [4101 - 4209.5] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 7. Public Nuisances [4171 - 4181] ( Article 7 added by Stats. 1965, Ch. 1144. ) ## 4181. When the property is sold, enough of the proceeds to satisfy the lien and the costs of the foreclosure shall be paid to the state. The surplus, if any, shall be paid to the owner of the property, if known, or if the property owner is not known, shall be paid into the court in which the lien was foreclosed for the use of the owner when the property owner is ascertained. (Amended by Stats. 2021, Ch. 133, Sec. 64. (SB 272) Effective July 23, 2021.)
  38. 41810.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 7. Approval of Local Planning [41800 - 41851] ( Chapter 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Deficiencies [41810 - 41813] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    If the board conditionally approves or disapproves a countywide or regional integrated waste management plan (or part of one), it must send the affected city, county, or regional agency a notice explaining the reasons and how to fix the deficiencies.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 7. Approval of Local Planning [41800 - 41851] ( Chapter 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Deficiencies [41810 - 41813] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 41810. (a) If the board conditionally approves a countywide or regional integrated waste management plan, or any element of the plan, the board shall issue a notice of conditional approval to the city, county, or regional agency which identifies the specific reasons for the conditional approval. The notice of conditional approval shall include specific recommendations on how to correct the remaining deficiencies in the plan or element. (b) If the board disapproves a countywide or regional integrated waste management plan, or any element of the plan, the board shall issue a notice of deficiency to the city, county, or regional agency which identifies the specific reasons for the disapproval. The notice of deficiency shall include specific recommendations on how to correct the deficiencies in the plan or element. (Amended by Stats. 1994, Ch. 1227, Sec. 16. Effective January 1, 1995.)
  39. 41810.1.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 7. Approval of Local Planning [41800 - 41851] ( Chapter 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Deficiencies [41810 - 41813] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    A city, county, or regional agency that gets conditional approval must file a compliance schedule within 60 days, and the board must act on it within 60 days.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 7. Approval of Local Planning [41800 - 41851] ( Chapter 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Deficiencies [41810 - 41813] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 41810.1. (a) Any city, county, or regional agency which receives a notice of conditional approval for a countywide or regional integrated waste management plan, or any element of the plan, pursuant to subdivision (a) of Section 41810, shall, within 60 days from the date of receipt of the notice of conditional approval, submit a compliance schedule to the board that demonstrates how the city, county, or regional agency will correct the deficiencies identified in the notice of conditional approval by the earliest feasible date, but in no event shall that correction take longer to make than one year from the date of submission of the compliance schedule. (b) The board shall approve or disapprove a compliance schedule submitted pursuant to subdivision (a) within 60 days from the date of its receipt of the schedule. (c) If the board determines, based on substantial evidence in the record, that a city, county, or regional agency is not in compliance with a compliance schedule approved pursuant to subdivision (b), the board may revoke the notice of conditional approval, and shall issue a notice of deficiency pursuant to subdivision (b) of Section 41810. (d) It is the intent of the Legislature that a notice of conditional approval shall provide flexibility for a city, county, or regional agency to make substantial progress towards meeting the requirements of this part while ensuring full compliance with this part at the earliest feasible date. (Added by Stats. 1994, Ch. 1227, Sec. 17. Effective January 1, 1995.)
  40. 41811.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 7. Approval of Local Planning [41800 - 41851] ( Chapter 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Deficiencies [41810 - 41813] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    A city or county must, within 120 days after receiving a notice of deficiency, correct the deficiencies, readopt the plan element or countywide plan, and resubmit it to the board.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 7. Approval of Local Planning [41800 - 41851] ( Chapter 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Deficiencies [41810 - 41813] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 41811. Within 120 days of receipt of the notice of deficiency issued pursuant to Section 41810, the city or county shall correct the deficiencies, readopt, and resubmit the city source reduction and recycling element or the countywide integrated waste management plan to the board. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  41. 41811.5.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 7. Approval of Local Planning [41800 - 41851] ( Chapter 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Deficiencies [41810 - 41813] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    If the board disapproves an element, the local agency may submit extra support, and then must revise and resubmit the element within set deadlines.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 7. Approval of Local Planning [41800 - 41851] ( Chapter 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Deficiencies [41810 - 41813] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 41811.5. (a) If the board disapproves an element for which a city, county, or regional agency has received a notification of excluded wastes pursuant to Section 41801.5, the city, county, or regional agency may, concurrent with the procedures specified in Section 41811, submit additional information to substantiate that the requirements of Section 41781.2 have been met. The additional information shall be submitted to the board within 60 days of disapproval of the element. (b) Following the receipt of additional information pursuant to subdivision (a) the board shall determine, within 60 days, whether all, or a portion of, the excluded waste will be included in the source reduction and recycling element for purposes of calculating compliance with Section 41780. (c) Based upon the board’s determination pursuant to subdivision (b), the city, county, or regional agency shall revise its source reduction and recycling element to correct any deficiencies resulting from the exclusion of wastes pursuant to Section 41781.2, and shall resubmit the element to the board. The element shall be resubmitted within 120 days of a board determination pursuant to subdivision (b). Notwithstanding Section 41811, if an element is disapproved pursuant to Section 41800, and the notice of deficiency issued pursuant to Section 41810 identifies reasons for disapproval, including, but not limited to, noncompliance with Section 41781.2, the city, county, or regional agency shall correct all deficiencies, and readopt and resubmit the element to the board pursuant to the requirements of this section. (d) In revising the source reduction and recycling element to address deficiencies arising from noncompliance with Section 41781.2, a city, county, or regional agency may limit the revisions to an identification and description of the specific measures that will be undertaken to achieve compliance with Section 41780. (e) If a city, county, or regional agency is unable to resubmit the source reduction and recycling element within 120 days, the board may, on a case-by-case basis, extend the deadline imposed by subdivision (c) for submittal of a revised element. (Added by Stats. 1992, Ch. 1292, Sec. 41. Effective January 1, 1993.)
  42. 41812.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 7. Approval of Local Planning [41800 - 41851] ( Chapter 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Deficiencies [41810 - 41813] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    If the board finds the revised plan or element still does not meet the part’s requirements, it must hold a public hearing.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 7. Approval of Local Planning [41800 - 41851] ( Chapter 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Deficiencies [41810 - 41813] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 41812. If the board determines that the revised city, county, or regional agency source reduction and recycling element or the countywide or regional agency integrated waste management plan submitted pursuant to Section 41811 or 41811.5 still fails to meet the requirements of this part, the board shall conduct a public hearing for the purpose of hearing testimony on the plan or element and the deficiencies identified by the board. (Amended by Stats. 1992, Ch. 1292, Sec. 42. Effective January 1, 1993.)
  43. 41813.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 7. Approval of Local Planning [41800 - 41851] ( Chapter 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Deficiencies [41810 - 41813] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    The board may impose administrative civil penalties of up to $10,000 per day on a city or county that fails to submit an adequate plan or element, but not if the locality is in substantial compliance and the noncompliance does not directly or substantially affect diversion requirements.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 7. Approval of Local Planning [41800 - 41851] ( Chapter 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Deficiencies [41810 - 41813] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 41813. (a) After conducting a public hearing pursuant to Section 41812, the board may impose administrative civil penalties of not more than ten thousand dollars ($10,000) per day on any city or county, or, pursuant to Section 40974, on any city or county as a member of a regional agency, which fails to submit an adequate element or plan in accordance with the requirements of this chapter. (b) The board shall not impose any penalty against a city or county pursuant to this section if the city or county is in substantial compliance with this part and if those aspects of a plan or element of a plan submitted by a city, county, or regional agency which is not in compliance with this part do not directly or substantially affect achievement of the diversion requirements of Section 41780. (c) In determining whether a city, county, or regional agency is in substantial compliance, the board shall consider whether the city, county, or regional agency has made a good faith effort to implement all reasonable and feasible measures to comply. (d) The board shall not use the money collected from the penalties imposed pursuant to subdivision (a) for administrative purposes. The board shall use the money collected from the penalties imposed pursuant to subdivision (a), to the extent possible, to assist local governments in meeting the requirements of this part. (Amended by Stats. 1994, Ch. 1227, Sec. 18. Effective January 1, 1995.)
  44. 41820.5.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 7. Approval of Local Planning [41800 - 41851] ( Chapter 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 3. Other Provisions [41820.5 - 41822] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    The board may grant a city a time extension from diversion requirements if specific conditions are met, and it may authorize certain cities to submit an implementation schedule. Approved cities must meet 25% diversion within three years and 50% within eight years.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 7. Approval of Local Planning [41800 - 41851] ( Chapter 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 3. Other Provisions [41820.5 - 41822] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 41820.5. (a) In addition to its authority under Section 41820, the board may, after a public hearing, grant a time extension from the diversion requirements of Section 41780 to a city if both of the following conditions exist: (1) The city was incorporated pursuant to Division 3 (commencing with Section 56000) of Title 5 of the Government Code after January 1, 1990, and before January 1, 2001. (2) The county within which the city is located did not include provisions in its franchises that ensured that the now incorporated area would comply with the diversion requirements of Section 41780. (b) The board may authorize a city that meets the requirements of subdivision (a) to submit a source reduction and recycling element that includes an implementation schedule that shows both of the following: (1) The city shall divert 25 percent of its estimated generation amount of solid waste from landfill or transformation facilities within three years from the date on which the source reduction and recycling element is due pursuant to subdivision (b) of Section 41791.5, through source reduction, recycling, and composting activities. (2) The city shall divert 50 percent of its estimated generation amount of solid waste from landfill or transformation facilities within eight years from the date on which the source reduction and recycling element is due pursuant to subdivision (b) of Section 41791.5, through source reduction, recycling, and composting activities. (Added by Stats. 2002, Ch. 625, Sec. 7. Effective September 17, 2002.)
  45. 41820.6.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 7. Approval of Local Planning [41800 - 41851] ( Chapter 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 3. Other Provisions [41820.5 - 41822] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    The board may give certain cities extra time to meet Section 41780 requirements and may let them submit a recycling plan with an implementation schedule.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 7. Approval of Local Planning [41800 - 41851] ( Chapter 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 3. Other Provisions [41820.5 - 41822] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 41820.6. (a) In addition to its authority under Section 41820, the board may, after a public hearing, grant a time extension from the requirements of Section 41780 to a city if both of the following conditions exist: (1) The city was incorporated pursuant to Division 3 (commencing with Section 56000) of Title 5 of the Government Code on or after January 1, 2001. (2) The county within which the city is located did not include provisions in its franchises that ensured that the now incorporated area would comply with the requirements of Section 41780. (b) The board may authorize a city that meets the requirements of subdivision (a) to submit a source reduction and recycling element that includes an implementation schedule that shows that the city shall comply with the requirements of Section 41780, within three years from the date on which the source reduction and recycling element is due pursuant to subdivision (b) of Section 41791.5, through source reduction, recycling, and composting activities. (Amended by Stats. 2008, Ch. 343, Sec. 9. Effective January 1, 2009.)
  46. 41821.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 7. Approval of Local Planning [41800 - 41851] ( Chapter 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 3. Other Provisions [41820.5 - 41822] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    Jurisdictions must file an annual progress report to the department and include specified information; the department must also adopt reporting procedures and may conduct periodic visits.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 7. Approval of Local Planning [41800 - 41851] ( Chapter 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 3. Other Provisions [41820.5 - 41822] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 41821. (a) (1) Each year following the department’s approval of a jurisdiction’s source reduction and recycling element, household hazardous waste element, and nondisposal facility element, the jurisdiction shall submit a report to the department summarizing the jurisdiction’s progress in reducing solid waste as required by Section 41780, in accordance with the schedule set forth in this subdivision. (2) The annual report shall be due on or before August 1 of the year following department approval of the source reduction and recycling element, the household hazardous waste element, and the nondisposal facility element, and on or before August 1 in each subsequent year. The information in this report shall encompass the previous calendar year, January 1 to December 31, inclusive. (b) Each jurisdiction’s annual report to the department shall, at a minimum, include all of the following: (1) Calculations of annual disposal reduction. (2) A summary of progress made in implementing the source reduction and recycling element and the household hazardous waste element. (3) An update of the jurisdiction’s source reduction and recycling element and household hazardous waste element that includes any new or expanded programs the jurisdiction has implemented or plans to implement. (4) An update of the jurisdiction’s nondisposal facility element that reflects any new or expanded nondisposal facilities the jurisdiction is using or planning to use. (5) A summary of progress made in diversion of construction and demolition of waste material, including information on programs and ordinances implemented by the local government and quantitative data, where available. (6) Other information relevant to compliance with Section 41780. (c) A jurisdiction may also include, in the report required by this section, all of the following: (1) Information on disposal reported pursuant to Section 41821.5 that the jurisdiction believes may be relevant to the department’s determination of the jurisdiction’s per capita disposal rate. (2) Disposal characterization studies or other completed studies that show the effectiveness of the programs being implemented. (3) Factors that the jurisdiction believes would affect the accuracy of, or mitigate the amount of, solid waste disposed by the jurisdiction, including, but not limited to, either of the following: (A) Whether the jurisdiction hosts a solid waste facility or regional diversion facility. (B) The effects of self-hauled waste and construction and demolition waste. (4) The extent to which the jurisdiction previously relied on biomass diversion credit and the extent to which it may be impacted by the lack of the credit. (5) Information regarding the programs the jurisdiction is undertaking to address specific disposal challenges, and why it is not feasible to implement programs to respond to other factors that affect the amount of waste that is disposed. (6) Other information that describes the good faith efforts of the jurisdiction to comply with Section 41780. (d) The department shall use, but is not limited to the use of, the annual report to determine whether the jurisdiction’s source reduction and recycling element needs to be revised or updated. (e) (1) The department shall adopt procedures for requiring additional information in a jurisdiction’s annual report. The procedures shall require the department to notify a jurisdiction of any additional required information no later than 120 days after the department receives the report from the jurisdiction. (2) Paragraph (1) does not prohibit the department from making additional requests for information in a timely manner. A jurisdiction receiving a request for information shall respond in a timely manner. (3) If the schedule for the submission of an annual report by a jurisdiction does not correspond with the scheduled review by the department specified in subdivision (a) of Section 41825, the department shall utilize the information contained in the annual report to assist the department in providing technical assistance and reviewing the jurisdiction’s diversion program implementation. (f) The department shall adopt procedures for conferring with a jurisdiction regarding the implementation of its diversion programs. (g) Notwithstanding the Uniform Electronic Transactions Act (Title 2.5 (commencing with Section 1633.1) of Part 2 of Division 3 of the Civil Code), a jurisdiction shall submit the progress report required by this section to the department electronically, using the department’s electronic reporting format system. (h) Notwithstanding the reporting schedule required by this section, and in addition to the review required by Section 41825, the department may visit each jurisdiction once each year, but shall visit each jurisdiction no less than once every four years, to monitor the jurisdiction’s implementation and maintenance of its diversion programs. (Amended by Stats. 2021, Ch. 115, Sec. 73. (AB 148) Effective July 22, 2021.)
  47. 41821.1.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 7. Approval of Local Planning [41800 - 41851] ( Chapter 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 3. Other Provisions [41820.5 - 41822] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    County or regional agencies must file an annual report to the board after board approval of their siting element and summary plan; the board must also adopt procedures that can allow an abbreviated report in limited cases.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 7. Approval of Local Planning [41800 - 41851] ( Chapter 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 3. Other Provisions [41820.5 - 41822] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 41821.1. (a) Each year following the board’s approval of a county or regional agency’s siting element and summary plan, the county or regional agency shall submit a report to the board summarizing the adequacy of the siting element and summary plan. The report on the siting element shall discuss any changes in disposal capacity, disposal facilities, or any other relevant issues. The annual report shall be due on or before August 1 of the year following board approval of a county or regional agency’s siting element and summary plan, and on or before August 1 in each subsequent year. The information in this report shall encompass the previous calendar year, January 1 to December 31, inclusive. (b) The board shall adopt procedures that may authorize a jurisdiction to submit an abbreviated version of the report required pursuant to this section, if the board determines that the jurisdiction has met or exceeded the requirements of paragraph (2) of subdivision (a) of Section 41780 for the previous two years, and if the board determines that the jurisdiction has otherwise complied with this division for the previous five years. (Amended by Stats. 2000, Ch. 740, Sec. 7. Effective January 1, 2001.)
  48. 41821.2.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 7. Approval of Local Planning [41800 - 41851] ( Chapter 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 3. Other Provisions [41820.5 - 41822] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    Districts must comply with local waste planning elements and provide information to local agencies; the board may set information-format rules and deadlines, and districts may charge fees to cover compliance costs.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 7. Approval of Local Planning [41800 - 41851] ( Chapter 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 3. Other Provisions [41820.5 - 41822] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 41821.2. (a) For the purposes of this section, “district” means a community services district, public utility district, or sanitary district that provides solid waste handling services or implements source reduction and recycling programs. (b) Notwithstanding any other law, each district shall do all of the following: (1) Comply with the source reduction and recycling element and the household hazardous waste element of the city, county, or regional agency in which the district is located, as required by the city, county, or regional agency. The city, county, or regional agency shall notify a district of any program that it is implementing or modifying when it annually submits a report to the board pursuant to Section 41821. (2) Provide each city, county, or regional agency in which it is located, information on the programs implemented by the district, the amount of waste disposed and reported to the disposal tracking system pursuant to Section 41821.5 for each city, county, or regional agency, and the amount of waste diverted by the district for each city, county, or regional agency. (c) The board may adopt regulations pertaining to the format of the information to be provided pursuant to paragraph (2) of subdivision (b) and deadlines for supplying this information to the city, county, or regional agency, so that it may be incorporated into the annual report submitted to the board pursuant to Section 41821. (d) A district is subject to the portion of a penalty imposed, pursuant to Section 41850, upon a city, county, or regional agency in which the district is located, that is in proportion to the district’s responsibility for failure to implement that jurisdiction’s source reduction and recycling element and household hazardous waste element, as determined by that city, county, or regional agency. The board shall not determine the proportion of a district’s responsibility as part of its determination to impose penalties. The city, county, or regional agency shall provide the district with a written notice regarding the district’s responsibility, including the basis for determining the district’s proportional responsibility, and an opportunity for hearing before the city, county, or regional agency’s governing body, before assessing the district a proportion of the penalty imposed by the board. (e) A district may impose a fee in an amount sufficient to pay for the costs of complying with this section. The fees shall be assessed and collected in the same manner as the fees imposed pursuant to Sections 41901 and 41902. (Amended by Stats. 2002, Ch. 625, Sec. 8. Effective September 17, 2002.)
  49. 41821.3.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 7. Approval of Local Planning [41800 - 41851] ( Chapter 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 3. Other Provisions [41820.5 - 41822] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    This section requires jurisdictions to deduct certain inert waste from reported disposal tonnage and requires the board to verify and approve the deduction.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 7. Approval of Local Planning [41800 - 41851] ( Chapter 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 3. Other Provisions [41820.5 - 41822] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 41821.3. (a) For the purposes of this section the following definitions shall apply: (1) “Inert waste” means only rock, concrete, brick, sand, soil, ceramics, and cured asphalt. “Inert waste” does not include any waste that meets the definition of “designated waste,” as defined in Section 13173 of the Water Code, or “hazardous waste” as defined in Section 40141. (2) “Inert waste removed from the solid waste stream and not disposed of in a solid waste landfill” means the use or placement of inert waste on property where surface mining operations, as defined in Section 2735, are being conducted, or have been conducted previously, if the use or placement is for purposes of reclamation, as defined in Section 2733, pursuant to either of the following: (A) A reclamation plan approved under Section 2774. (B) For surface mining operations conducted prior to January 1, 1976, an agreement with a city or county, or a permit issued by a city or county, that provides for a fill appropriately engineered for the planned future use of the reclaimed mine site. (3) “Jurisdiction” means a city, county, or regional agency. (b) A jurisdiction shall deduct, from the amount of disposed waste that is required to be included in the annual report submitted to the board pursuant to subdivision (b) of Section 41821, inert waste removed from the solid waste stream and not disposed of in a solid waste landfill, as defined in paragraph (2) of subdivision (a). A jurisdiction shall deduct this inert waste only in accordance with the procedures specified in subdivisions (c) to (e), inclusive, commencing with the report submitted by the jurisdiction to the board for the year 2001. (c) (1) A jurisdiction shall deduct inert waste pursuant to subdivision (b) from its reported disposal tonnage for the year 2001, and shall identify, in the jurisdiction’s annual report, that the deduction is being made pursuant to this section and the exact amount of the deduction. (2) The board shall verify that the deduction made pursuant to paragraph (1) is consistent with the requirements of this section and the amount deducted is consistent with the amount reported through the board’s disposal reporting system. The board shall approve the deduction made by the jurisdiction upon making this verification. (3) If the board finds that the amount deducted pursuant to paragraph (1) does not meet the requirements of this section, or if the amount deducted is not consistent with the amount reported through the board’s disposal reporting system, the board shall notify the jurisdiction of its preliminary determination and confer with representatives of the jurisdiction to reach an agreement regarding the amount of the deduction. If the jurisdiction agrees upon the amount of the deduction, the board shall approve the deduction as modified. If the board and the jurisdiction are unable to reach agreement upon the amount of the deduction, the jurisdiction may request a hearing before the board to obtain a final determination. (d) (1) A jurisdiction shall deduct tonnage from its base-year disposal in an amount equal to the amount deducted from the jurisdiction’s 2001 disposal tonnage pursuant to this section. The jurisdiction shall not deduct an amount from its base-year disposal tonnage that is greater than the amount of disposed inert waste that was included in its most recent board-approved revised base-year approved by the board. (2) The board shall verify that the base-year deduction made pursuant to paragraph (1) is consistent with the requirements of this section. The board shall approve the revised base-year disposal tonnage upon making this verification. (3) If the board finds that the base-year deduction requested pursuant to paragraph (1) is not consistent with the requirements of this section, the board shall notify the jurisdiction of its preliminary determination and confer with representatives of the jurisdiction in order to reach agreement regarding the amount of the deduction. If the jurisdiction agrees upon the amount of the deduction, the board shall approve the revised base-year disposal tonnage accordingly. If the board and the jurisdiction are unable to reach agreement upon the amount of the deduction, the jurisdiction may request a hearing before the board to obtain a final determination. (e) (1) A jurisdiction shall deduct all inert waste from its reported disposal tonnage in all of its annual reports for all subsequent years. The board shall verify this deduction pursuant to paragraphs (2) and (3) of subdivision (c). (2) If the board approves the jurisdiction’s revised base-year disposal tonnage pursuant to subdivision (d), the revised base year disposal tonnage shall not be subsequently revised for inert waste under this section. (f) This section does not limit the authority of the board to require any facility that uses or places inert material on property where surface mining operations are being conducted, or have been conducted previously, to report to the board on the quantities of inert material used or placed on the property for the purpose of reclamation. (g) It is the intent of the Legislature that a city, county, or regional agency not be required to revise its source reduction and recycling element to comply with this section unless the city, county, or regional agency elects to implement this section as authorized by this section. (h) This section shall become inoperative on the operative date of any regulation adopted by the board relating to “inert waste removed from the solid waste stream and not disposed of in a solid waste landfill,” as defined in paragraph (2) of subdivision (a), if that regulation includes procedures to facilitate the counting of the inert waste for purposes of the disposal reporting system established under Section 41821.5 when that inert waste is placed in a mine reclamation facility as fill material, and, as of January 1 immediately following that operative date, is repealed, unless a later enacted statute that is enacted before that January 1 deletes or extends the dates on which it becomes inoperative and is repealed. (Added by Stats. 2002, Ch. 993, Sec. 1. Effective January 1, 2003. Conditionally inoperative and repealed as prescribed by its own provisions.)
  50. 41821.4.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 7. Approval of Local Planning [41800 - 41851] ( Chapter 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 3. Other Provisions [41820.5 - 41822] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    A county or regional agency must add specified organic-waste information to its annual report starting August 1, 2017.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 7. Approval of Local Planning [41800 - 41851] ( Chapter 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 3. Other Provisions [41820.5 - 41822] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 41821.4. (a) Commencing August 1, 2017, a county or regional agency shall include, in the annual report required pursuant to Section 41821, the following information: (1) An estimate of the amount of organic waste in cubic yards that will be generated in the county or region over a 15-year period. (2) An estimate of the additional organic waste recycling facility capacity in cubic yards that will be needed to process the amount of organic waste identified pursuant to paragraph (1). (3) Areas identified by the county or regional agency as locations for new or expanded organic waste recycling facilities capable of safely meeting the additional organic waste recycling facility capacity need identified pursuant to paragraph (2). (b) To provide the information pursuant to subdivision (a), the county or regional agency may use existing data regarding its diversion programs and is not required to perform additional waste characterization studies. (c) For purposes of this section, “organic waste recycling facility” has the same meaning as defined in paragraph (2) of subdivision (d) of Section 42649.82. (Added by Stats. 2015, Ch. 593, Sec. 2. (AB 876) Effective January 1, 2016.)
  51. 41821.5.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 7. Approval of Local Planning [41800 - 41851] ( Chapter 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 3. Other Provisions [41820.5 - 41822] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. )

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    This section requires several waste-related operators to report material and tonnage information to the department, and it creates confidentiality rules, inspection powers, and civil penalties for noncompliance.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 7. Approval of Local Planning [41800 - 41851] ( Chapter 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 3. Other Provisions [41820.5 - 41822] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 41821.5. (a) Disposal facility operators shall submit information on the disposal tonnages by jurisdiction or region of origin that are disposed of at each disposal facility to the department, and to counties that request the information, in a form prescribed by the department. To enable disposal facility operators to provide that information, solid waste handlers and transfer station operators shall provide information to disposal facility operators on the origin of the solid waste that they deliver to the disposal facility. (b) (1) Recycling and composting operations and facilities shall submit periodic information to the department on the types and quantities of materials that are disposed of, sold, or transferred to other recycling or composting facilities, end users inside of the state or outside of the state, or exporters, brokers, or transporters for sale inside of the state or outside of the state. (2) Exporters, brokers, self-haulers, and transporters of recyclables or compost shall submit periodic information to the department on the types, quantities, and destinations of materials that are disposed of, sold, or transferred. The department shall develop regulations implementing this section that define “self-hauler” to include, at a minimum, a person or entity that generates and transports, utilizing its own employees and equipment, more than one cubic yard per week of its own food waste to a location or facility that is not owned and operated by that person or entity. (3) The information in the reports submitted pursuant to this subdivision may be provided to the department on an aggregated facilitywide basis and may exclude financial data, such as contract terms and conditions (including information on pricing, credit terms, volume discounts, and other proprietary business terms), the jurisdiction of the origin of the materials, or information on the entities from which the materials are received. The department may provide this information to jurisdictions, aggregated by company, upon request. The aggregated information, other than that aggregated by company, is public information. (4) (A) Notwithstanding paragraph (3), the information in the report submitted pursuant to this subdivision shall include the jurisdiction or region of origin for exported materials that are a mixture of plastic wastes. This subparagraph does not apply to plastic waste consisting of only plastic resin 1, 2, or 5, as assigned to resin types under Section 18015, or a mixture of plastic waste consisting only of a combination of those resins. (B) The department shall make publicly available information on the jurisdiction or region of origin and tonnage information for exported materials that are a mixture of plastic wastes. (C) For purposes of this subdivision, “export” has the same definition as set forth in Section 41781.4. (5) The reporting requirements imposed pursuant to this section do not apply to materials that are used by facilities defined as end users pursuant to the regulations adopted by the department pursuant to this section or that are otherwise exempt pursuant to those regulations. (c) The department shall adopt regulations pursuant to this section requiring practices and procedures that are reasonable and necessary to implement this section, and that provide a representative accounting of solid wastes and recyclable materials that are handled, processed, or disposed. Those regulations approved by the department shall not impose an unreasonable burden on waste and recycling handling, processing, or disposal operations or otherwise interfere with the safe handling, processing, and disposal of solid waste and recyclables. The department shall include in those regulations both of the following: (1) Procedures to ensure that an opportunity to comply is provided prior to initiation of enforcement authorized by Section 41821.7. (2) Factors to be considered in determining penalty amounts that are similar to those provided in Section 45016. (d) Any person who refuses or fails to submit information required by regulations adopted pursuant to this section is liable for a civil penalty of not less than five hundred dollars ($500) and not more than five thousand dollars ($5,000) for each violation of a separate provision or, for continuing violations, for each day that the violation continues. (e) Any person who knowingly or willfully files a false report, or any person who refuses to permit the department or any of its representatives to make inspection or examination of records, or who fails to keep any records for the inspection of the department, or who alters, cancels, or obliterates entries in the records for the purpose of falsifying the records as required by regulations adopted pursuant to this section, is liable for a civil penalty of not less than five hundred dollars ($500) and not more than ten thousand dollars ($10,000) for each violation of a separate provision or, for continuing violations, for each day that the violation continues. (f) Liability under this section may be imposed in a civil action, or liability may be imposed administratively pursuant to this article. (g) (1) Notwithstanding Title 5 (commencing with Section 3426) of Part 1 of Division 4 of the Civil Code and Article 11 (commencing with Section 1060) of Chapter 4 of Division 8 of the Evidence Code, all records that the facility or operator is reasonably required to keep to allow the department to verify information in, or verification of, the reports required pursuant to subdivisions (a) and (b) and implementing regulations shall be subject to inspection and copying by the department, but shall be confidential and shall not be subject to disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (2) Notwithstanding Title 5 (commencing with Section 3426) of Part 1 of Division 4 of the Civil Code and Article 11 (commencing with Section 1060) of Chapter 4 of Division 8 of the Evidence Code, an employee of a government entity may, at the permitted solid waste facility, inspect and copy records related to tonnage received at the facility on or after July 1, 2015, and originating within the government entity’s geographic jurisdiction. Those records shall be limited to weight tags that identify the hauler, vehicle, quantity, date, type, and origin of waste received at a permitted solid waste facility. Those records shall be available to those government entities for the purposes of subdivision (a) and as necessary to enforce the collection of local fees, but those records shall be confidential and shall not be subject to disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). Names of haulers using specific landfills shall not be disclosed by a government entity unless necessary as part of an administrative or judicial enforcement proceeding to fund local programs or enforce local franchises. (3) A government entity may petition the superior court for injunctive or declaratory relief to enforce its authority under paragraph (2). The times for responsive pleadings and hearings in these proceedings shall be set by the judge of the court with the object of securing a decision as to these matters at the earliest possible time. (4) For purposes of this section, a “government entity” is an entity identified in Section 40145 or an entity formed pursuant to Section 40976. (5) For purposes of this subdivision, “disposal” and “disposal facility” have the same meanings as prescribed by Sections 40120.1 and 40121, respectively. (6) Nothing in this subdivision shall be construed to limit or expand the authority of a government entity that may have been provided by this section and implementing regulations as they read on December 31, 2015. (7) The records subject to inspection and copying by the department pursuant to paragraph (1) or by an employee of a government entity pursuant to paragraph (2) may be redacted by the operator before inspection to exclude confidential pricing information contained in the records, such as contract terms and conditions (including information on pricing, credit terms, volume discounts, and other proprietary business terms), if the redacted information is not information that is otherwise required to be reported to the department. (h) Notwithstanding the Uniform Electronic Transactions Act (Title 2.5 (commencing with Section 1633.1) of Part 2 of Division 3 of the Civil Code), reports required by this section shall be submitted electronically, using an electronic reporting format system established by the department. (i) All records provided in accordance with this section shall be subject to Section 40062. (j) For the purposes of this section: (1) Recycling operations and facilities are facilities that conduct recycling, as defined in Section 40180, except that recycling is not limited to the processing of materials that would otherwise become solid waste, but also includes processes applied to nonhazardous materials that have value principally as a feedstock for that processing, regardless of whether the materials have been discarded or constitute solid waste. (2) Regardless of whether a recycling operation or facility is required to register and report pursuant to the regulations adopted by the department pursuant to this section, that recycling operation or facility is not a solid waste handler unless the operation or facility is, in fact, handling solid waste. (Amended by Stats. 2022, Ch. 75, Sec. 1. (SB 54) Effective January 1, 2023.)
  52. 41821.6.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 7. Approval of Local Planning [41800 - 41851] ( Chapter 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 3. Other Provisions [41820.5 - 41822] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. )

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    The department may inspect records and conduct audits, site inspections, and other investigations, and certain materials it creates or obtains in that process are confidential and not disclosable under the California Public Records Act.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 7. Approval of Local Planning [41800 - 41851] ( Chapter 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 3. Other Provisions [41820.5 - 41822] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 41821.6. In order to ensure that records required pursuant to this article are properly maintained, in addition to inspecting all relevant records, the department may conduct audits, perform site inspections, observe facility operations, and otherwise investigate the recordkeeping and reporting of persons subject to the requirements of this article. Any records, reports, notes, studies, drawings, schematics, photographs, or trade secrets, as defined in Section 3426.1 of the Civil Code, obtained, produced, or created by the department in connection with or arising from those audits, inspections, or observations are confidential and shall not be subject to disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (Amended by Stats. 2021, Ch. 615, Sec. 391. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  53. 41821.7.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 7. Approval of Local Planning [41800 - 41851] ( Chapter 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 3. Other Provisions [41820.5 - 41822] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    The department may issue an administrative complaint, and if a hearing is not waived the party must get a hearing within 60 days after service.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 7. Approval of Local Planning [41800 - 41851] ( Chapter 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 3. Other Provisions [41820.5 - 41822] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 41821.7. (a) The department may issue an administrative complaint to any person on whom civil liability may be imposed pursuant to this article. The complaint shall allege the acts or failures to act that constitute the basis for liability and the amount of the proposed civil liability. The complaint shall be served by personal service or certified mail and shall inform the party so served that a hearing shall be conducted within 60 days after the party has been served, unless the party waives the right to a hearing. (b) If the party waives the right to a hearing, the department shall issue an order setting liability in the amount proposed in the complaint unless the department and the party have entered into a settlement agreement, in which case the department shall issue an order setting liability in the amount specified in the settlement agreement. If the party has waived the right to a hearing or if the department and the party have entered into a settlement agreement, the order shall not be subject to review by any court or agency. (c) Any hearing required under this section shall be conducted by an independent hearing officer according to the procedures specified in Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, except as otherwise specified in this section. (Added by Stats. 2015, Ch. 746, Sec. 4. (AB 901) Effective January 1, 2016.)
  54. 41821.8.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 7. Approval of Local Planning [41800 - 41851] ( Chapter 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 3. Other Provisions [41820.5 - 41822] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    Civil liability orders become final when issued; a served person may seek writ review within 30 days, and late challenges are barred.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 7. Approval of Local Planning [41800 - 41851] ( Chapter 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 3. Other Provisions [41820.5 - 41822] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 41821.8. (a) Orders setting civil liability issued under this article shall become effective and final upon issuance thereof, and payment shall be made within 30 days of issuance. Copies of these orders shall be served by personal service or by certified mail upon the party served with the complaint and upon other persons who appeared at the hearing and requested a copy. (b) Within 30 days after service of a copy of a decision, any person so served may file with the superior court a petition for writ of mandate for review of the decision. Any person who fails to file the petition within the 30-day period may not challenge the reasonableness or validity of a decision or order of the hearing officer in any judicial proceedings brought to enforce the decision or order or for other remedies. (c) Except as otherwise provided in this section, Section 1094.5 of the Code of Civil Procedure governs any proceedings conducted pursuant to this subdivision. (d) This section does not prohibit the court from granting any appropriate relief within its jurisdiction. (e) All penalties collected under this article shall be deposited in the Integrated Waste Management Account created pursuant to Section 48001. (Added by Stats. 2015, Ch. 746, Sec. 5. (AB 901) Effective January 1, 2016.)
  55. 41821.9.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 7. Approval of Local Planning [41800 - 41851] ( Chapter 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 3. Other Provisions [41820.5 - 41822] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    The department must use existing data resources to help market development efforts.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 7. Approval of Local Planning [41800 - 41851] ( Chapter 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 3. Other Provisions [41820.5 - 41822] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 41821.9. To assist market development efforts by the department, local agencies, and the private sector, the department shall use existing data resources. (Added by renumbering Section 41821.6 by Stats. 2015, Ch. 746, Sec. 2. (AB 901) Effective January 1, 2016.)
  56. 41822.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 7. Approval of Local Planning [41800 - 41851] ( Chapter 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 3. Other Provisions [41820.5 - 41822] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    Cities, counties, and regional agencies must review certain waste plans at least every five years and submit any revisions to the board for review and approval or disapproval.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 7. Approval of Local Planning [41800 - 41851] ( Chapter 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 3. Other Provisions [41820.5 - 41822] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 41822. Each city, county, or regional agency shall review its source reduction and recycling element or the countywide integrated waste management plan at least once every five years to correct any deficiencies in the element or plan, to comply with the source reduction and recycling requirements established under Section 41780, and to revise the documents, as necessary, to comply with this part. Any revision made to an element or plan pursuant to this section shall be submitted to the board for review and approval or disapproval pursuant to the schedule established under this chapter. (Amended by Stats. 1996, Ch. 1038, Sec. 13. Effective September 29, 1996.)
  57. 41825.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 7. Approval of Local Planning [41800 - 41851] ( Chapter 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 4. Review and Compliance Orders [41825- 41825.] ( Heading of Article 4 amended by Stats. 2008, Ch. 343, Sec. 11. )

    Verify source ↗

    The department must regularly review each jurisdiction’s recycling and household hazardous waste elements, and it may do so sooner if it gets information suggesting the jurisdiction may not be making a good faith effort.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 7. Approval of Local Planning [41800 - 41851] ( Chapter 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 4. Review and Compliance Orders [41825- 41825.] ( Heading of Article 4 amended by Stats. 2008, Ch. 343, Sec. 11. ) ## 41825. (a) At least once every four years, the department shall review each jurisdiction’s source reduction and recycling element and household hazardous waste element for compliance with Section 41780. (b) In addition to the requirements of subdivision (a), the department may review whether a jurisdiction is in compliance with Section 41780 in accordance with the requirements of this section at any time that the department receives information that indicates the jurisdiction may not be making a good faith effort to implement its source reduction and recycling element and household hazardous waste element. (c) (1) Before issuing a compliance order pursuant to subdivision (d), the department shall confer with the jurisdiction regarding conditions relating to the proposed order of compliance, with a first meeting occurring not less than 60 days before issuing a notice of intent to issue an order of compliance. (2) The department shall issue a notice of intent to issue an order of compliance not less than 30 days before the department holds a hearing to issue the notice of compliance. The notice of intent shall specify all of the following: (A) The proposed basis for issuing an order of compliance. (B) The proposed actions the department recommends are necessary for the jurisdiction to complete the implementation of its source reduction and recycling element or household hazardous waste element. (C) The proposed recommendations to the department. (3) The department shall consider any information provided pursuant to subdivision (c) of Section 41821, if the proposed issuance of an order of compliance involves changes to a jurisdiction’s calculation of annual disposal. (d) (1) If, after holding a public hearing, which, to the extent possible, shall be held in the local or regional agency’s jurisdiction, the department finds that a jurisdiction has failed to make a good faith effort to implement its source reduction and recycling element or its household hazardous waste element, the department shall issue an order of compliance with a specific schedule for achieving compliance. (2) The compliance order shall include those conditions that the department determines to be necessary for the jurisdiction to implement its diversion programs. (3) In addition to considering the good faith efforts of a jurisdiction, as specified in subdivision (e), to implement a diversion program, the department shall consider all of the following factors in determining whether or not to issue a compliance order: (A) Whether an exceptional growth rate may have affected compliance. (B) Other information that the jurisdiction may provide that indicates the effectiveness of the jurisdiction’s programs, such as disposal characterization studies or other jurisdiction specific information. (e) For purposes of making a determination pursuant to this section as to whether a jurisdiction has failed to make a good faith effort to implement its source reduction and recycling element or its household hazardous waste element, the department shall consider all of the following criteria: (1) For the purposes of this section, “good faith effort” means all reasonable and feasible efforts by a jurisdiction to implement those programs or activities identified in its source reduction and recycling element or household hazardous waste element, or alternative programs or activities that achieve the same or similar results. (2) For purposes of this section, “good faith effort” may also include the evaluation by a jurisdiction of improved technology for the handling and management of solid waste that would reduce costs, improve efficiency in the collection, processing, or marketing of recyclable materials or yard waste, and enhance the ability of the jurisdiction to adequately address all sources of significant disposal, the submission by the jurisdiction of a compliance schedule, and the undertaking of all other reasonable and feasible efforts to implement the programs identified in the jurisdiction’s source reduction and recycling element or household hazardous waste element. (3) In determining whether a jurisdiction has made a good faith effort, the department shall also consider the enforcement criteria included in its enforcement policy, as adopted on April 25, 1995, or as subsequently amended. (4) The department shall consider all of the following when considering whether a jurisdiction has made a good faith effort to implement its source reduction and recycling element or its household hazardous waste element: (A) Natural disasters. (B) Budgetary conditions within a jurisdiction that could not be remedied by the imposition or adjustment of solid waste fees. (C) Work stoppages that directly prevent a jurisdiction from implementing its source reduction and recycling element or household hazardous waste element. (D) The impact of the failure of federal, state, and other local agencies located within the jurisdiction to implement source reduction and recycling programs in the jurisdiction. (E) The extent to which the jurisdiction has implemented additional source reduction, recycling, and composting activities. (F) The extent to which the jurisdiction has made program implementation choices driven by considerations related to other environmental issues, including climate change. (G) Whether the jurisdiction has provided information to the department concerning whether construction and demolition waste material is at least a moderately significant portion of the waste stream, and, if so, whether the local jurisdiction has adopted an ordinance for diversion of construction and demolition waste materials from solid waste disposal facilities, has adopted a model ordinance pursuant to subdivision (a) of Section 42912 for diversion of construction and demolition waste materials from solid waste disposal facilities, or has implemented another program to encourage or require diversion of construction and demolition waste materials from solid waste disposal facilities. (H) The extent to which the jurisdiction has implemented programs to comply with Section 41780 and to maintain its per capita disposal rate. (I) Whether the jurisdiction has implemented a dual stream recycling program. For this purpose, “dual stream recycling program” means a program in which fiber materials to be collected for recycling is required to be separated from containers or from glass. A dual stream recycling program includes, but is not limited to, split cart collection, separate collection containers for fiber and containers, or alternating collection weeks for single collection containers containing only fiber or only containers. (5) In making a determination whether a jurisdiction has made a good faith effort, pursuant to this section, the department may consider a jurisdiction’s per capita disposal rate as a factor in determining whether the jurisdiction adequately implemented its diversion programs. The department shall not consider a jurisdiction’s per capita disposal rate to be determinative as to whether the jurisdiction has made a good faith effort to implement its source reduction and recycling element or its household hazardous waste element. (Amended by Stats. 2024, Ch. 421, Sec. 1. (AB 2902) Effective January 1, 2025.)
  58. 4185.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Prevention and Control of Forest Fires [4101 - 4209.5] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 8. Clarke-McNary Act [4185 - 4187] ( Article 8 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    California accepts the Clarke-McNary Act and must comply with its requirements; the department acts as the state’s agent and may cooperate with U.S. authorities under that act.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Prevention and Control of Forest Fires [4101 - 4209.5] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 8. Clarke-McNary Act [4185 - 4187] ( Article 8 added by Stats. 1965, Ch. 1144. ) ## 4185. The State of California hereby accepts the provisions of the Clarke-McNary Act (Ch. 348, 43 Stat. 653), as amended, passed by the Congress of the United States, and entitled “An act to provide for the protection of forest lands, for the reforestation of denuded areas, for the extension of national forests, and for other purposes, in order to promote the continuous production of timber on lands chiefly suitable therefor,” and will observe and comply with the requirements of that act of Congress. The department is the agent of this state for the purposes of the Clarke-McNary Act. The department shall have full power to cooperate with all the authorities of the United States which have powers and duties under the act to do and perform all things necessary to secure to this state the benefits of the act. (Amended by Stats. 1976, Ch. 1300.)
  59. 41850.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 7. Approval of Local Planning [41800 - 41851] ( Chapter 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 5. Enforcement and Penalties [41850 - 41851] ( Heading of Article 5 amended by Stats. 2008, Ch. 343, Sec. 15. )

    Verify source ↗

    The board may impose daily administrative civil penalties on a city or county that fails to make a good faith effort to implement the required waste elements, after the required hearing and compliance order, subject to specified exceptions.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 7. Approval of Local Planning [41800 - 41851] ( Chapter 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 5. Enforcement and Penalties [41850 - 41851] ( Heading of Article 5 amended by Stats. 2008, Ch. 343, Sec. 15. ) ## 41850. (a) Except as specifically provided in Section 41813, if, after holding the public hearing and issuing an order of compliance pursuant to Section 41825, the board finds that the jurisdiction has failed to make a good faith effort to implement its source reduction and recycling element or its household hazardous waste element, the board may impose administrative civil penalties upon the city or county or, pursuant to Section 40974, upon the city or county as a member of a regional agency, of up to ten thousand dollars ($10,000) per day until the jurisdiction implements the element. (b) In determining whether or not to impose any penalties, or in determining the amount of any penalties imposed under this section, including any penalties imposed due to the exclusion of solid waste pursuant to Section 41781.2 that results in a reduction in the quantity of solid waste diverted by a jurisdiction, the board shall consider whether the jurisdiction has made a good faith effort to implement its source reduction and recycling element or its household hazardous waste element. In addition, the board shall consider only those relevant circumstances that have prevented a jurisdiction from meeting the requirements of this division, including, but not limited to, the factors described in subdivisions (d) and (e) of Section 41825. (Amended by Stats. 2008, Ch. 343, Sec. 16. Effective January 1, 2009.)
  60. 41850.5.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 7. Approval of Local Planning [41800 - 41851] ( Chapter 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 5. Enforcement and Penalties [41850 - 41851] ( Heading of Article 5 amended by Stats. 2008, Ch. 343, Sec. 15. )

    Verify source ↗

    Civil penalties imposed by the board under specified sections must be deposited into the Local Government Assistance Account, and those funds may be used only to help local governments meet diversion requirements.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 7. Approval of Local Planning [41800 - 41851] ( Chapter 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 5. Enforcement and Penalties [41850 - 41851] ( Heading of Article 5 amended by Stats. 2008, Ch. 343, Sec. 15. ) ## 41850.5. Any administrative civil penalty imposed by the board pursuant to Section 41813 or 48150 shall be deposited in the Local Government Assistance Account, which is hereby created in the Integrated Waste Management Fund. Any funds deposited in that account shall be used solely for the purposes of assisting local governments in complying with the diversion requirements established under Section 41780, and shall not be used by the board for administrative purposes. (Added by Stats. 1994, Ch. 1227, Sec. 22. Effective January 1, 1995.)
  61. 41851.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 7. Approval of Local Planning [41800 - 41851] ( Chapter 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 5. Enforcement and Penalties [41850 - 41851] ( Heading of Article 5 amended by Stats. 2008, Ch. 343, Sec. 15. )

    Verify source ↗

    This chapter does not take away counties’ and cities’ existing authority over land use, and it does not give the board new land-use authority.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 7. Approval of Local Planning [41800 - 41851] ( Chapter 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 5. Enforcement and Penalties [41850 - 41851] ( Heading of Article 5 amended by Stats. 2008, Ch. 343, Sec. 15. ) ## 41851. Nothing in this chapter shall infringe on the existing authority of counties and cities to control land use or to make land use decisions, and nothing in this chapter provides or transfers new authority over that land use to the board. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  62. 4186.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Prevention and Control of Forest Fires [4101 - 4209.5] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 8. Clarke-McNary Act [4185 - 4187] ( Article 8 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    Money received by the state under the federal Clarke-McNary Act and regularly allotted by formula must be paid into the General Fund.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Prevention and Control of Forest Fires [4101 - 4209.5] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 8. Clarke-McNary Act [4185 - 4187] ( Article 8 added by Stats. 1965, Ch. 1144. ) ## 4186. All moneys that are received by the state pursuant to the federal Clarke-McNary Act and that are regularly allotted by the federal government according to an annual formula shall be paid into the General Fund. Any supplemental money received from the federal government pursuant to the federal Clarke-McNary Act for use by the department for specially designated projects shall be authorized by the Director of Finance for augmentation of the subitem captioned “Reimbursements” of the principal item of appropriation from the General Fund for the support of the department contained in the Budget Act for the fiscal year during which the supplemental money is received. However, the Director of Finance shall not authorize the augmentation sooner than 30 days after notification in writing of the necessity for the augmentation to the chairperson of the committee in each house that considers appropriations and to the Chairperson of the Joint Legislative Budget Committee or sooner than whatever lesser time which the chairperson of that committee, or the chairperson’s designee, may in each instance determine. (Amended by Stats. 2011, Ch. 296, Sec. 255. (AB 1023) Effective January 1, 2012.)
  63. 4187.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Prevention and Control of Forest Fires [4101 - 4209.5] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 8. Clarke-McNary Act [4185 - 4187] ( Article 8 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    A county that passes the ordinance described in Section 4129 is entitled to receive allocations of money the state gets under the Clarke-McNary Act.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Prevention and Control of Forest Fires [4101 - 4209.5] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 8. Clarke-McNary Act [4185 - 4187] ( Article 8 added by Stats. 1965, Ch. 1144. ) ## 4187. A county which enacts an ordinance, as provided in Section 4129, is entitled to any allocation of moneys received by the state pursuant to the Clarke-McNary Act. Such reimbursement may be provided for by any statute of this state. (Added by Stats. 1965, Ch. 1144.)
  64. 41900.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 8. Local Fee Authority [41900 - 41904] ( Chapter 8 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    Each city and county must show that it has funding sources available to pay for preparing, adopting, and implementing the required element or plan.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 8. Local Fee Authority [41900 - 41904] ( Chapter 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 41900. Each city and county shall demonstrate a funding source, or sources, available to pay for preparing, adopting, and implementing the element or plan, as required by this part. (Amended by Stats. 1990, Ch. 145, Sec. 49. Effective June 19, 1990.)
  65. 41901.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 8. Local Fee Authority [41900 - 41904] ( Chapter 8 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    Cities and counties may impose fees to fund preparation, adoption, and implementation of a countywide integrated waste management plan.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 8. Local Fee Authority [41900 - 41904] ( Chapter 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 41901. A city, county, or city and county may impose fees in amounts sufficient to pay the costs of preparing, adopting, and implementing a countywide integrated waste management plan prepared pursuant to this division. The fees shall be based on the types or amounts of the solid waste, and shall be used to pay the actual costs incurred by the city or county in preparing, adopting, and implementing the plan, as well as in setting and collecting the local fees. In determining the amounts of the fees, a city or county shall include only those costs directly related to the preparation, adoption, and implementation of the plan and the setting and collection of the local fees. A city, county, or city and county shall impose the fees pursuant to Section 66016 of the Government Code. (Amended by Stats. 1992, Ch. 487, Sec. 2. Effective January 1, 1993.)
  66. 41902.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 8. Local Fee Authority [41900 - 41904] ( Chapter 8 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    A local agency may collect the fees authorized by this chapter itself, or arrange by agreement for a solid waste hauler to collect them.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 8. Local Fee Authority [41900 - 41904] ( Chapter 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 41902. A local agency may directly collect the fees authorized by this chapter or may, by agreement, arrange for the fees to be collected by a solid waste hauler providing solid waste collection for the city or county. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  67. 41903.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 8. Local Fee Authority [41900 - 41904] ( Chapter 8 added by Stats. 1989, Ch. 1095, Sec. 22. )

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    Cities and counties may charge reasonable special fees for importing waste, and they may not export solid waste to another jurisdiction unless specified waste-planning conditions are met.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 8. Local Fee Authority [41900 - 41904] ( Chapter 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 41903. A city or county may assess special fees of a reasonable amount on the importation of waste from outside of the county to publicly owned or privately owned facilities. No city or county shall export solid waste to any other jurisdiction unless the exporting city or county has, within one year following the date specified in Section 41791 or a later date established or permitted by the board, an approved city or county household hazardous waste element and a source reduction and recycling element which have both been implemented, or have submitted a countywide integrated waste management plan, and is in compliance with it, provided, however, that, until one year following the date specified in Section 41791 or a later date established by the board, nothing herein shall be construed as prohibiting the export of solid waste. The board may waive the requirements of this section if the board determines that all additional reasonable source reduction and recycling programs are being implemented in the city or county or if the board determines that the system to export waste supports or enhances the city or county source recovery and recycling element. (Amended by Stats. 1990, Ch. 1406, Sec. 13.)
  68. 41904.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 8. Local Fee Authority [41900 - 41904] ( Chapter 8 added by Stats. 1989, Ch. 1095, Sec. 22. )

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    Local agencies may reduce or exempt certain solid waste fees for nonprofit charitable reusers, and may set conditions for those reductions or exemptions.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 8. Local Fee Authority [41900 - 41904] ( Chapter 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 41904. (a) For the purposes of this section, the following terms have the following meaning: (1) “Nonprofit charitable reuser” means a charitable organization, as defined in Section 501(c)(3) of the federal Internal Revenue Code, or a distinct operating unit or division of the charitable organization, that reuses and recycles donated goods or materials and receives more than 50 percent of its revenues from the handling and sale of those donated goods or materials. (2) “Residue” means the solid waste resulting from the receipt, collection, transportation, sorting, processing, or sale of goods or materials donated to the nonprofit charitable reuser for reuse or recycling, including solid wastes left at collection, processing, or sale sites, but does not include solid wastes resulting from other activities of the nonprofit charitable reuser, such as, but not limited to, the assembly or manufacture of products from new materials, the provision of charitable services such as classroom education, meal preparation, and shelter, or the provision of services for a fee, including solid waste handling services. (b) The Legislature hereby finds and declares both of the following: (1) In addition to their service to the poor, disabled, and disadvantaged, charitable organizations provide a valuable service by providing for the reuse or recycling of many articles that otherwise would be disposed of at disposal sites. That reuse or recycling is a leading form of source reduction, which has the highest priority among solid waste management practices identified for California. (2) The purpose of this section is to authorize local agencies to limit the amount of solid waste handling and disposal fees, as well as any fees authorized by this chapter, for nonprofit charitable reusers to help those nonprofit organizations meet the costs of reusing or recycling donated goods or materials. (3) The activities of nonprofit charitable reusers that reuse and recycle waste that would otherwise be disposed of assist local agencies in meeting the diversion requirements of Section 41780. (c) (1) A city, county, district, or regional agency may structure its fees for the solid waste handling services or disposal services that it directly provides in a manner that requires nonprofit charitable reusers to pay only the direct costs of handling and disposing of their residue, and exempts them from paying any fee amounts associated with administrative costs to the city, county, district, or regional agency or associated with any other costs that are incurred by the city, county, district, or regional agency pursuant to this division. (2) A city, county, district, or regional agency may exempt nonprofit charitable reusers from all or part of any fees imposed on the handling or disposal of their residue pursuant to this chapter. (d) To implement this section, a city, county, district, or regional agency may, by ordinance, resolution, or otherwise, restrict any fee reduction or exemption to specified classes of nonprofit charitable reusers, such as by their size or location, or by the amount, origin, or types of solid waste handled or disposed of, and may require that nonprofit charitable reusers enter into contractual agreements to report the amounts of solid waste disposed of and materials diverted, to maintain specified levels of service and performance, or to perform any activity that the city, county, district, or regional agency may require to achieve the diversion requirements of Section 41780. (Added by Stats. 1996, Ch. 519, Sec. 1. Effective September 16, 1996.)
  69. 41950.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 9. Unlawful Acts [41950 - 41956] ( Chapter 9 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Generally [41950 - 41956] ( Heading of Article 1 added by Stats. 1990, Ch. 1452, Sec. 1. )

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    A person other than the city or county’s authorized recycling agent must not remove specified recyclable materials from designated residential curbside collection locations.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 9. Unlawful Acts [41950 - 41956] ( Chapter 9 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Generally [41950 - 41956] ( Heading of Article 1 added by Stats. 1990, Ch. 1452, Sec. 1. ) ## 41950. (a) No person, other than the authorized recycling agent of the city or county, shall remove paper, glass, cardboard, plastic, used motor oil, ferrous metal, aluminum, or other recyclable materials which have been segregated from solid waste materials and placed at a designated recycling collection location for residential curbside collection programs authorized by a city, county, or local agency for the purposes of collection and recycling. (b) No person shall be subject to an action for a violation of this section, unless the person knows, or reasonably should know, that the materials would otherwise be collected by the authorized recycling agent for residential curbside collection programs authorized by a city, county, or local agency for the purpose of recycling the materials. (c) From the time that the recyclable materials specified in subdivision (a) are placed for collection at curbside, for a residential curbside collection program authorized by a city, county, or local agency, the recyclable materials are the property of the authorized recycling agent. (Amended by Stats. 1996, Ch. 732, Sec. 1. Effective January 1, 1997.)
  70. 41951.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 9. Unlawful Acts [41950 - 41956] ( Chapter 9 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Generally [41950 - 41956] ( Heading of Article 1 added by Stats. 1990, Ch. 1452, Sec. 1. )

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    Certain segregated recyclable materials placed at a designated recycling collection location may not be removed by anyone except the authorized recycling agent, unless a contract says otherwise.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 9. Unlawful Acts [41950 - 41956] ( Chapter 9 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Generally [41950 - 41956] ( Heading of Article 1 added by Stats. 1990, Ch. 1452, Sec. 1. ) ## 41951. (a) For the purposes of this section, “commercial entity” includes a multifamily residential complex. (b) Unless otherwise provided by contract, paper, glass, cardboard, plastics, used motor oil, ferrous metal, aluminum, and other recyclable materials, which have been segregated from other waste materials, and placed at the designated recycling collection location by any commercial or industrial entity, shall not be removed by anyone other than the authorized recycling agent. (c) Unless otherwise provided by contract, from the time that the recyclable materials specified in subdivision (b) are placed at the designated recycling location, the recyclable materials are the property of the authorized recycling agent. (Amended by Stats. 1996, Ch. 732, Sec. 2. Effective January 1, 1997.)
  71. 41952.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 9. Unlawful Acts [41950 - 41956] ( Chapter 9 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Generally [41950 - 41956] ( Heading of Article 1 added by Stats. 1990, Ch. 1452, Sec. 1. )

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    This section preserves any person’s right to donate, sell, or otherwise dispose of recyclable materials.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 9. Unlawful Acts [41950 - 41956] ( Chapter 9 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Generally [41950 - 41956] ( Heading of Article 1 added by Stats. 1990, Ch. 1452, Sec. 1. ) ## 41952. Nothing in this chapter limits the right of any person to donate, sell, or otherwise dispose of his or her recyclable materials. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  72. 41953.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 9. Unlawful Acts [41950 - 41956] ( Chapter 9 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Generally [41950 - 41956] ( Heading of Article 1 added by Stats. 1990, Ch. 1452, Sec. 1. )

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    A court may award treble damages or a civil penalty for unauthorized removal of recyclable material in a recycling agent’s civil action.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 9. Unlawful Acts [41950 - 41956] ( Chapter 9 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Generally [41950 - 41956] ( Heading of Article 1 added by Stats. 1990, Ch. 1452, Sec. 1. ) ## 41953. (a) In any civil action by a recycling agent against a person alleged to have violated Section 41950 or 41951, the court may either allow treble damages, as measured by the market value of the recyclable material removed, or award a civil penalty of not more than two thousand dollars ($2,000), whichever is greater, for each unauthorized removal, against the unauthorized person removing the recyclable material. (b) In any civil action by a recycling agent against a person alleged to have violated Section 41950 or 41951 for a second, or subsequent time, in any 12-month period, the court may either allow treble damages, as measured by the market value of the recyclable material removed, or award a civil penalty of not more than five thousand dollars ($5,000), whichever is greater, for each unauthorized removal against the unauthorized person removing the recyclable material. (Amended by Stats. 1996, Ch. 732, Sec. 3. Effective January 1, 1997.)
  73. 41954.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 9. Unlawful Acts [41950 - 41956] ( Chapter 9 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Generally [41950 - 41956] ( Heading of Article 1 added by Stats. 1990, Ch. 1452, Sec. 1. )

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    A local agency may adopt or enforce regulations or ordinances on the same matters, and an ordinance that imposes civil penalties must be approved by a majority vote of the governing board that proposed it.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 9. Unlawful Acts [41950 - 41956] ( Chapter 9 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Generally [41950 - 41956] ( Heading of Article 1 added by Stats. 1990, Ch. 1452, Sec. 1. ) ## 41954. Nothing in this article limits the authority of a local agency to adopt or enforce regulations or ordinances on the same matters of this article. However, any ordinance which imposes civil penalties shall be approved by a majority vote of the governing board which has proposed adoption of the ordinance. (Amended by Stats. 1991, Ch. 420, Sec. 3.)
  74. 41955.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 9. Unlawful Acts [41950 - 41956] ( Chapter 9 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Generally [41950 - 41956] ( Heading of Article 1 added by Stats. 1990, Ch. 1452, Sec. 1. )

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    If stolen material is valued between $50 and $950, a violation may be charged as a misdemeanor or infraction; after a second conviction within 12 months, it must be charged as a misdemeanor.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 9. Unlawful Acts [41950 - 41956] ( Chapter 9 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Generally [41950 - 41956] ( Heading of Article 1 added by Stats. 1990, Ch. 1452, Sec. 1. ) ## 41955. If the value of the stolen material is more than fifty dollars ($50), but less than nine hundred fifty dollars ($950), a violation of this part may be charged as either a misdemeanor or an infraction. A violation after a second conviction within a 12-month period shall be charged as a misdemeanor punishable pursuant to Section 19 of the Penal Code. (Amended by Stats. 2009, 3rd Ex. Sess., Ch. 28, Sec. 53. (SB 18 3x) Effective January 25, 2010.)
  75. 41956.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 9. Unlawful Acts [41950 - 41956] ( Chapter 9 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Generally [41950 - 41956] ( Heading of Article 1 added by Stats. 1990, Ch. 1452, Sec. 1. )

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    The board may give special enforcement grants to cities or counties for pilot programs on enforcement techniques that reduce theft of recyclable materials.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 2. INTEGRATED WASTE MANAGEMENT PLANS [40900 - 41956] ( Part 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 9. Unlawful Acts [41950 - 41956] ( Chapter 9 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Generally [41950 - 41956] ( Heading of Article 1 added by Stats. 1990, Ch. 1452, Sec. 1. ) ## 41956. The board may award special enforcement grants to cities or counties to support pilot programs designed to develop and evaluate enforcement techniques to reduce the theft of recyclable materials from commercial, industrial, or other nonresidential establishments. (Added by Stats. 1996, Ch. 732, Sec. 5. Effective January 1, 1997.)
  76. 42000.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 1. Market Development Programs [42000 - 42025] ( Chapter 1 added by Stats. 1993, Ch. 733, Sec. 2. ) ## ARTICLE 1. General Provisions [42000 - 42002] ( Article 1 added by Stats. 1993, Ch. 733, Sec. 2. )

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    Cities and counties are required to divert specified percentages of solid waste from landfills and transformation facilities by 1995 and 2000, and the board is authorized to conduct individual market development activities.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 1. Market Development Programs [42000 - 42025] ( Chapter 1 added by Stats. 1993, Ch. 733, Sec. 2. ) ## ARTICLE 1. General Provisions [42000 - 42002] ( Article 1 added by Stats. 1993, Ch. 733, Sec. 2. ) ## 42000. The Legislature hereby finds and declares all of the following: (a) This division requires cities and counties to divert 25 percent of all solid waste from landfills and transformation facilities by 1995 and 50 percent by 2000. As of 1990, the overall diversion rate in the state was 12 percent. (b) California’s source reduction, recycling, and composting efforts need to increase greatly if local jurisdictions are to meet the 25-percent and the 50-percent diversion requirements. (c) Market development is the key to increased, cost-effective recycling. Market development includes activities that strengthen demand by manufacturers and end-use consumers for recyclable materials collected by municipalities, nonprofit organizations, and private entities. (d) Developing markets for recyclable materials creates opportunities that will reindustrialize California. The board estimates that the development of markets for recyclable materials may create over 20,000 jobs in California’s manufacturing sector, an additional 25,000 jobs in the sorting and processing fields, and an unestimated number of jobs in other fields that may develop through full implementation of this division. (e) The board is authorized to conduct individual market development activities, but is not presently required to implement a comprehensive plan that addresses the full range of market development needs. (Amended by Stats. 1997, Ch. 672, Sec. 8. Effective January 1, 1998.)
  77. 42001.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 1. Market Development Programs [42000 - 42025] ( Chapter 1 added by Stats. 1993, Ch. 733, Sec. 2. ) ## ARTICLE 1. General Provisions [42000 - 42002] ( Article 1 added by Stats. 1993, Ch. 733, Sec. 2. )

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    This section says California’s domestic markets for postconsumer and secondary wastes are important to health, safety, and welfare, and it sets the chapter’s purpose to encourage using those materials as raw materials and feedstock.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 1. Market Development Programs [42000 - 42025] ( Chapter 1 added by Stats. 1993, Ch. 733, Sec. 2. ) ## ARTICLE 1. General Provisions [42000 - 42002] ( Article 1 added by Stats. 1993, Ch. 733, Sec. 2. ) ## 42001. The Legislature further finds and declares that the health, safety, and welfare of the people of California depend upon the development, stability, and expansion of domestic markets for the postconsumer wastes and secondary wastes collected within the state. It is therefore the purpose of this chapter to stimulate the use of postconsumer waste materials and secondary waste materials generated in California as raw materials used as feedstock by private business, industry, and commerce. (Added by Stats. 1993, Ch. 733, Sec. 2. Effective January 1, 1994.)
  78. 42002.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 1. Market Development Programs [42000 - 42025] ( Chapter 1 added by Stats. 1993, Ch. 733, Sec. 2. ) ## ARTICLE 1. General Provisions [42000 - 42002] ( Article 1 added by Stats. 1993, Ch. 733, Sec. 2. )

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    This section defines key terms used in the chapter on market development programs.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 1. Market Development Programs [42000 - 42025] ( Chapter 1 added by Stats. 1993, Ch. 733, Sec. 2. ) ## ARTICLE 1. General Provisions [42000 - 42002] ( Article 1 added by Stats. 1993, Ch. 733, Sec. 2. ) ## 42002. The following definitions govern the construction of this chapter: (a) “Applicant” means a person, as defined in Section 40170, who applies for designation as a Recycling Market Development Zone. (b) “Postconsumer waste material” means any product generated by a business or a consumer which has served its intended end use, and which has been separated from solid waste for the purposes of collection, recycling, and disposal, and which does not include secondary waste material. (c) “Recycling-based business” means any business that increases market demand for, or adds value to, postconsumer waste material or secondary waste material. (d) “Recycling market development zone” or “zone” means any single or joint, contiguous parcels of property that, based on the determination of the board, meets the following criteria: (1) The area has been zoned an appropriate land use for the development of commercial, industrial, or manufacturing purposes. (2) The area is identified in the countywide or regional agency integrated waste management plan as part of the market development area. (3) The area is located in a city with an existing postconsumer waste collection infrastructure. (4) The area may be used to establish commercial, manufacturing, or industrial processes which would produce end products that consist of not less than 50 percent recycled materials. (e) “Revolving loan program” means the Recycling Market Development Revolving Loan Program established pursuant to Section 42023.1. (f) “Secondary waste material” means industrial byproducts which would otherwise go to disposal facilities and wastes generated after completion of a manufacturing process, but does not include internally generated scrap commonly returned to industrial or manufacturing processes, such as home scrap and mill broke. (g) “Subaccount” means the Recycling Market Development Revolving Loan Subaccount created pursuant to subdivision (a) of Section 42023.1. (Amended by Stats. 1999, Ch. 467, Sec. 1. Effective January 1, 2000.)
  79. 42005.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 1. Market Development Programs [42000 - 42025] ( Chapter 1 added by Stats. 1993, Ch. 733, Sec. 2. ) ## ARTICLE 2. Market Development Plan [42005 - 42009] ( Article 2 added by Stats. 1993, Ch. 733, Sec. 2. )

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    The board must develop a market development plan to increase demand for recycled and waste materials, and to support local recycling market programs.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 1. Market Development Programs [42000 - 42025] ( Chapter 1 added by Stats. 1993, Ch. 733, Sec. 2. ) ## ARTICLE 2. Market Development Plan [42005 - 42009] ( Article 2 added by Stats. 1993, Ch. 733, Sec. 2. ) ## 42005. (a) The board shall develop a comprehensive market development plan using existing resources, that will stimulate market demand in the state for postconsumer waste material and secondary waste material generated in the state. (b) The board’s market development plan shall include, but shall not be limited to, achieving all of the following goals: (1) Increasing market demand for postconsumer waste materials and secondary waste materials available due to California’s source reduction and recycling programs. (2) Increasing demand for recycled content products, especially high quality, value-added products. (3) Promoting efficient local waste diversion systems which yield high quality, industrially usable feedstocks. (4) Promoting the competitive collection and use of secondary waste materials. (c) The board’s development plan shall also include efforts to encourage and promote cooperative, regional programs to expand markets for recycled material. These programs shall include activities to address problems and opportunities that are unique to rural, urban, and suburban areas of the state. (d) The board shall develop a plan, using existing resources, to provide assistance to local agencies when requested by a city, county, or regional agency, in the implementation of cost-effective programs that provide a quality supply of recycled materials for markets. (Amended by Stats. 2001, Ch. 745, Sec. 191. Effective October 12, 2001.)
  80. 42005.5.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 1. Market Development Programs [42000 - 42025] ( Chapter 1 added by Stats. 1993, Ch. 733, Sec. 2. ) ## ARTICLE 2. Market Development Plan [42005 - 42009] ( Article 2 added by Stats. 1993, Ch. 733, Sec. 2. )

    Verify source ↗

    The department must convene a statewide recycling markets commission by July 1, 2020, and the commission must issue recommendations, identify recyclable or compostable products, update its work at least annually, allow public comment before finalizing items, and provide regular feedback to the department.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 1. Market Development Programs [42000 - 42025] ( Chapter 1 added by Stats. 1993, Ch. 733, Sec. 2. ) ## ARTICLE 2. Market Development Plan [42005 - 42009] ( Article 2 added by Stats. 1993, Ch. 733, Sec. 2. ) ## 42005.5. (a) The department shall, by July 1, 2020, convene a Statewide Commission on Recycling Markets and Curbside Recycling consisting of representatives of public agencies, private solid waste enterprises, and environmental organizations with expertise in recycling. (b) (1) The commission shall, by July 1, 2021, do both of the following: (A) Issue policy recommendations to achieve the market development goals established in subdivision (b) of Section 42005 and the state policy goals established in Section 41780.01 of this code and Section 39730.6 of the Health and Safety Code. (B) Identify products that are recyclable or compostable, as defined pursuant to Section 42370.2, and regularly collected in curbside recycling programs. (2) The commission shall update the recommendations and identifications made pursuant to paragraph (1) regularly, but not less often than annually. (3) The commission shall provide an opportunity for the public to review and provide comment before finalizing a policy recommendation or identifying a product pursuant to paragraph (1). (4) The commission shall issue preliminary recommendations on or before January 1, 2021. (5) The commission may share the recommendations and identifications made pursuant to paragraph (1) with the Legislature or any state or federal agency. (c) The commission shall provide regular feedback to the department on public messaging designed to encourage proper recycling and to minimize contamination in curbside recycling programs. (Amended by Stats. 2020, Ch. 281, Sec. 1. (AB 2287) Effective January 1, 2021.)
  81. 42006.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 1. Market Development Programs [42000 - 42025] ( Chapter 1 added by Stats. 1993, Ch. 733, Sec. 2. ) ## ARTICLE 2. Market Development Plan [42005 - 42009] ( Article 2 added by Stats. 1993, Ch. 733, Sec. 2. )

    Verify source ↗

    The plan must describe and prioritize actions to meet the goals in Section 42005(b), and it must include periodic review and revision provisions when market conditions change.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 1. Market Development Programs [42000 - 42025] ( Chapter 1 added by Stats. 1993, Ch. 733, Sec. 2. ) ## ARTICLE 2. Market Development Plan [42005 - 42009] ( Article 2 added by Stats. 1993, Ch. 733, Sec. 2. ) ## 42006. (a) The plan required by Section 42005 shall describe and prioritize actions that should be undertaken to meet the goals specified in subdivision (b) of Section 42005. (b) The plan shall include provisions for periodic review and revision in response to changing market factors or actual changes in secondary waste materials markets. (Added by Stats. 1993, Ch. 733, Sec. 2. Effective January 1, 1994.)
  82. 42007.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 1. Market Development Programs [42000 - 42025] ( Chapter 1 added by Stats. 1993, Ch. 733, Sec. 2. ) ## ARTICLE 2. Market Development Plan [42005 - 42009] ( Article 2 added by Stats. 1993, Ch. 733, Sec. 2. )

    Verify source ↗

    After the plan in Section 42005 is adopted, the board must analyze staff resources and consider how to implement the plan most effectively.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 1. Market Development Programs [42000 - 42025] ( Chapter 1 added by Stats. 1993, Ch. 733, Sec. 2. ) ## ARTICLE 2. Market Development Plan [42005 - 42009] ( Article 2 added by Stats. 1993, Ch. 733, Sec. 2. ) ## 42007. Upon adoption of the plan required by Section 42005, the board shall conduct a detailed analysis of staff resources and consider how to most effectively implement the plan in consideration of existing statutory mandates and resource constraints. (Added by Stats. 1993, Ch. 733, Sec. 2. Effective January 1, 1994.)
  83. 42009.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 1. Market Development Programs [42000 - 42025] ( Chapter 1 added by Stats. 1993, Ch. 733, Sec. 2. ) ## ARTICLE 2. Market Development Plan [42005 - 42009] ( Article 2 added by Stats. 1993, Ch. 733, Sec. 2. )

    Verify source ↗

    This section says the chapter must not be read to interfere with civil rights, equal employment, equal opportunity, fair housing, environmental protection, or public health laws.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 1. Market Development Programs [42000 - 42025] ( Chapter 1 added by Stats. 1993, Ch. 733, Sec. 2. ) ## ARTICLE 2. Market Development Plan [42005 - 42009] ( Article 2 added by Stats. 1993, Ch. 733, Sec. 2. ) ## 42009. Nothing in this chapter shall be construed to infringe upon regulations relating to civil rights, equal employment rights, equal opportunity rights, or fair housing rights of any person or any environmental protection or public health law. (Added by Stats. 1993, Ch. 733, Sec. 2. Effective January 1, 1994.)
  84. 4201.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Prevention and Control of Forest Fires [4101 - 4209.5] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 9. Fire Hazard Severity Zones [4201 - 4204] ( Article 9 added by Stats. 1982, Ch. 806, Sec. 3. )

    Verify source ↗

    This section states the purpose of the article: to classify lands in state responsibility areas by fire hazard severity.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Prevention and Control of Forest Fires [4101 - 4209.5] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 9. Fire Hazard Severity Zones [4201 - 4204] ( Article 9 added by Stats. 1982, Ch. 806, Sec. 3. ) ## 4201. The purpose of this article is to provide for the classification of lands within state responsibility areas in accordance with the severity of fire hazard present for the purpose of identifying measures to be taken to retard the rate of spreading and to reduce the potential intensity of uncontrolled fires that threaten to destroy resources, life, or property. (Added by Stats. 1982, Ch. 806, Sec. 3.)
  85. 42010.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 1. Market Development Programs [42000 - 42025] ( Chapter 1 added by Stats. 1993, Ch. 733, Sec. 2. ) ## ARTICLE 3. Market Development Zone Program [42010 - 42025] ( Article 3 added by Stats. 1993, Ch. 733, Sec. 2. )

    Verify source ↗

    A local governing body may propose eligible parcels as a recycling market development zone, if it follows the listed findings and the planning agency recommends it.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 1. Market Development Programs [42000 - 42025] ( Chapter 1 added by Stats. 1993, Ch. 733, Sec. 2. ) ## ARTICLE 3. Market Development Zone Program [42010 - 42025] ( Article 3 added by Stats. 1993, Ch. 733, Sec. 2. ) ## 42010. (a) The local governing body may, either by ordinance or resolution, upon the recommendation of the appropriate land use planning agency, propose eligible parcels of property within its jurisdiction as a recycling market development zone. (b) The proposal of a recycling market development zone shall be based upon the following findings by the local governing body: (1) The current waste management practices and conditions are favorable to the development of postconsumer waste material markets. (2) The designation as a recycling market development zone is necessary to assist in attracting private sector recycling investments to the area. (Amended by Stats. 1999, Ch. 467, Sec. 2. Effective January 1, 2000.)
  86. 42012.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 1. Market Development Programs [42000 - 42025] ( Chapter 1 added by Stats. 1993, Ch. 733, Sec. 2. ) ## ARTICLE 3. Market Development Zone Program [42010 - 42025] ( Article 3 added by Stats. 1993, Ch. 733, Sec. 2. )

    Verify source ↗

    The local governing body, or someone acting through it, may apply to the department to have an area designated as a recycling market development zone.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 1. Market Development Programs [42000 - 42025] ( Chapter 1 added by Stats. 1993, Ch. 733, Sec. 2. ) ## ARTICLE 3. Market Development Zone Program [42010 - 42025] ( Article 3 added by Stats. 1993, Ch. 733, Sec. 2. ) ## 42012. The local governing body, or any person through the local governing body, may apply to the department for designation as a recycling market development zone. (Amended by Stats. 2021, Ch. 258, Sec. 27. (SB 155) Effective September 23, 2021.)
  87. 42013.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 1. Market Development Programs [42000 - 42025] ( Chapter 1 added by Stats. 1993, Ch. 733, Sec. 2. ) ## ARTICLE 3. Market Development Zone Program [42010 - 42025] ( Article 3 added by Stats. 1993, Ch. 733, Sec. 2. )

    Verify source ↗

    The department must adopt regulations and guidelines for application contents and determine the maximum number of recycling market development zones in countywide integrated waste management plans.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 1. Market Development Programs [42000 - 42025] ( Chapter 1 added by Stats. 1993, Ch. 733, Sec. 2. ) ## ARTICLE 3. Market Development Zone Program [42010 - 42025] ( Article 3 added by Stats. 1993, Ch. 733, Sec. 2. ) ## 42013. The department shall adopt regulations and guidelines concerning the necessary contents of each application for designation and, in the countywide integrated waste management plans, shall determine the maximum number of recycling market development zones to be designated pursuant to this chapter. (Amended by Stats. 2021, Ch. 258, Sec. 28. (SB 155) Effective September 23, 2021.)
  88. 42014.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 1. Market Development Programs [42000 - 42025] ( Chapter 1 added by Stats. 1993, Ch. 733, Sec. 2. ) ## ARTICLE 3. Market Development Zone Program [42010 - 42025] ( Article 3 added by Stats. 1993, Ch. 733, Sec. 2. )

    Verify source ↗

    The department may designate or redesignate recycling market development zones for applicants.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 1. Market Development Programs [42000 - 42025] ( Chapter 1 added by Stats. 1993, Ch. 733, Sec. 2. ) ## ARTICLE 3. Market Development Zone Program [42010 - 42025] ( Article 3 added by Stats. 1993, Ch. 733, Sec. 2. ) ## 42014. The department may designate or redesignate recycling market development zones for persons applying for that designation. (Amended by Stats. 2021, Ch. 258, Sec. 29. (SB 155) Effective September 23, 2021.)
  89. 42019.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 1. Market Development Programs [42000 - 42025] ( Chapter 1 added by Stats. 1993, Ch. 733, Sec. 2. ) ## ARTICLE 3. Market Development Zone Program [42010 - 42025] ( Article 3 added by Stats. 1993, Ch. 733, Sec. 2. )

    Verify source ↗

    When evaluating an application to designate a recycling market development zone, the department must consider remaining landfill capacity in the jurisdiction where the zone would be located.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 1. Market Development Programs [42000 - 42025] ( Chapter 1 added by Stats. 1993, Ch. 733, Sec. 2. ) ## ARTICLE 3. Market Development Zone Program [42010 - 42025] ( Article 3 added by Stats. 1993, Ch. 733, Sec. 2. ) ## 42019. In evaluating an application for the designation of a recycling market development zone, the department shall consider the amount of landfill capacity remaining in the jurisdiction where the zone would be located. (Amended by Stats. 2021, Ch. 258, Sec. 34. (SB 155) Effective September 23, 2021.)
  90. 4202.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Prevention and Control of Forest Fires [4101 - 4209.5] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 9. Fire Hazard Severity Zones [4201 - 4204] ( Article 9 added by Stats. 1982, Ch. 806, Sec. 3. )

    Verify source ↗

    The State Fire Marshal must classify lands in state responsibility areas into fire hazard severity zones.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Prevention and Control of Forest Fires [4101 - 4209.5] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 9. Fire Hazard Severity Zones [4201 - 4204] ( Article 9 added by Stats. 1982, Ch. 806, Sec. 3. ) ## 4202. The State Fire Marshal shall classify lands within state responsibility areas into fire hazard severity zones. Each zone shall embrace relatively homogeneous lands and shall be based on fuel loading, slope, fire weather, and other relevant factors present, including areas where winds have been identified by the department as a major cause of wildfire spread. (Amended by Stats. 2021, Ch. 225, Sec. 13. (AB 9) Effective January 1, 2022.)
  91. 42020.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 1. Market Development Programs [42000 - 42025] ( Chapter 1 added by Stats. 1993, Ch. 733, Sec. 2. ) ## ARTICLE 3. Market Development Zone Program [42010 - 42025] ( Article 3 added by Stats. 1993, Ch. 733, Sec. 2. )

    Verify source ↗

    The department may not reject a recycling market development zone application only because of technical deficiencies, must let applicants fix those deficiencies, and must deny the application if the deficiencies are not corrected within 14 days.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 1. Market Development Programs [42000 - 42025] ( Chapter 1 added by Stats. 1993, Ch. 733, Sec. 2. ) ## ARTICLE 3. Market Development Zone Program [42010 - 42025] ( Article 3 added by Stats. 1993, Ch. 733, Sec. 2. ) ## 42020. In evaluating an application for the designation of a recycling market development zone, the department shall not deny the application solely because of technical deficiencies. The department shall provide applicants with an opportunity to correct technical deficiencies. An application shall be denied if technical deficiencies are not corrected within 14 days. (Amended by Stats. 2021, Ch. 258, Sec. 35. (SB 155) Effective September 23, 2021.)
  92. 42023.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 1. Market Development Programs [42000 - 42025] ( Chapter 1 added by Stats. 1993, Ch. 733, Sec. 2. ) ## ARTICLE 3. Market Development Zone Program [42010 - 42025] ( Article 3 added by Stats. 1993, Ch. 733, Sec. 2. )

    Verify source ↗

    This section says it does not restrict local governments’ authority to make land use decisions within their jurisdiction.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 1. Market Development Programs [42000 - 42025] ( Chapter 1 added by Stats. 1993, Ch. 733, Sec. 2. ) ## ARTICLE 3. Market Development Zone Program [42010 - 42025] ( Article 3 added by Stats. 1993, Ch. 733, Sec. 2. ) ## 42023. Nothing in this section shall be interpreted to limit the authority of local governments to make land use decisions within their jurisdiction. (Added by Stats. 1993, Ch. 733, Sec. 2. Effective January 1, 1994.)
  93. 42023.1.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 1. Market Development Programs [42000 - 42025] ( Chapter 1 added by Stats. 1993, Ch. 733, Sec. 2. ) ## ARTICLE 3. Market Development Zone Program [42010 - 42025] ( Article 3 added by Stats. 1993, Ch. 733, Sec. 2. )

    Verify source ↗

    The department may use and manage the Recycling Market Development Revolving Loan Subaccount for loans, payments, administration, and related costs, but it cannot fund a loan until it determines the applicant has obtained all significant applicable permits.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 1. Market Development Programs [42000 - 42025] ( Chapter 1 added by Stats. 1993, Ch. 733, Sec. 2. ) ## ARTICLE 3. Market Development Zone Program [42010 - 42025] ( Article 3 added by Stats. 1993, Ch. 733, Sec. 2. ) ## 42023.1. (a) The Recycling Market Development Revolving Loan Subaccount is hereby created in the account for the purpose of providing loans for purposes of the Recycling Market Development Revolving Loan Program established pursuant to this article and for making payments pursuant to subdivision (g). (b) Notwithstanding Section 13340 of the Government Code, the moneys deposited into the subaccount are hereby continuously appropriated to the department without regard to fiscal year for making loans pursuant to this article and for making payments pursuant to subdivision (g). (c) The department may expend interest earnings on moneys in the subaccount for administrative expenses incurred in carrying out the Recycling Market Development Revolving Loan Program, upon the appropriation of moneys in the subaccount for that purpose in the annual Budget Act. (d) The moneys from loan repayments and fees, including, but not limited to, principal and interest repayments, fees and points, recovery of collection costs, income earned on an asset recovered pursuant to a loan default, and funds collected through foreclosure actions shall be deposited into the subaccount. (e) All interest accruing on interest payments from loan applicants shall be deposited into the subaccount. (f) The department may expend the moneys in the subaccount to make loans to local governing bodies, private businesses, and nonprofit entities within recycling market development zones, or in areas outside zones where making the loan will benefit a local jurisdiction or assist a local jurisdiction in complying with Section 40051. (g) The department may expend the moneys in the subaccount to make payments to local governing bodies within a recycling market zone for services related to the promotion of the zone. The services may include, but are not limited to, training, outreach, development of written promotional materials, and technical analyses of feedstock availability. (h) The department shall not fund a loan until it determines that the applicant has obtained all significant applicable federal, state, and local permits. The department shall determine which applicable federal, state, and local permits are significant. (i) The department shall establish and collect fees for applications for loans authorized by this section. The application fee shall be set at a level that is sufficient to fund the department’s cost of processing applications for loans. In addition, the department shall establish a schedule of fees or points for loans that are entered into by the department, to fund the department’s administration of the revolving loan program. (j) The department may expend moneys in the subaccount for the administration of the Recycling Market Development Revolving Loan Program, upon the appropriation of moneys in the subaccount for that purpose in the annual Budget Act. In addition, the department may expend moneys in the account to administer the revolving loan program, upon the appropriation of moneys in the account for that purpose in the annual Budget Act. However, funding for the administration of the revolving loan program from the account shall be provided only if there are not sufficient moneys in the subaccount to fully fund the administration of the program. (k) The department, pursuant to subdivision (a) of Section 47901, may set aside moneys for the purposes of paying costs necessary to protect the state’s position as a lender-creditor. These costs shall be broadly construed to include, but not be limited to, foreclosure expenses, auction fees, title searches, appraisals, real estate brokerage fees, attorney’s fees, mortgage payments, insurance payments, utility costs, repair costs, removal and storage costs for repossessed equipment and inventory, and additional expenditures to purchase a senior lien in foreclosure or bankruptcy proceedings. (l) (1) Except as provided in paragraph (2), this section shall become inoperative on July 1, 2031, and as of January 1, 2032, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 2032, deletes or extends the date on which it becomes inoperative and is repealed. (2) The repeal of this section pursuant to paragraph (1) shall not extinguish any loan obligation or the authority of the state to pursue appropriate actions for the collection of a loan. (Amended by Stats. 2021, Ch. 258, Sec. 37. (SB 155) Effective September 23, 2021. Inoperative July 1, 2031. Repealed as of January 1, 2032, by its own provisions.)
  94. 42023.2.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 1. Market Development Programs [42000 - 42025] ( Chapter 1 added by Stats. 1993, Ch. 733, Sec. 2. ) ## ARTICLE 3. Market Development Zone Program [42010 - 42025] ( Article 3 added by Stats. 1993, Ch. 733, Sec. 2. )

    Verify source ↗

    The Controller must transfer available funds from the account to the subaccount when the Legislature authorizes it in the annual Budget Act, as needed for expected loan demand.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 1. Market Development Programs [42000 - 42025] ( Chapter 1 added by Stats. 1993, Ch. 733, Sec. 2. ) ## ARTICLE 3. Market Development Zone Program [42010 - 42025] ( Article 3 added by Stats. 1993, Ch. 733, Sec. 2. ) ## 42023.2. (a) Upon authorization by the Legislature in the annual Budget Act, the Controller shall transfer a sum, as available, from the account to the subaccount as necessary to meet anticipated loan demand under the program. (b) (1) Except as provided in paragraph (2), this section shall become inoperative on July 1, 2031, and as of January 1, 2032, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 2032, deletes or extends the date on which it becomes inoperative and is repealed. (2) (A) The repeal of this section pursuant to paragraph (1) shall not extinguish any loan obligation or the authority of the state to pursue appropriate actions for the collection of a loan. (B) The department shall not be obligated to pay interest on the amount appropriated from the account to the subaccount pursuant to subdivision (a). This subparagraph shall apply retroactively from January 1, 1992. (Amended by Stats. 2019, Ch. 690, Sec. 9. (AB 1583) Effective January 1, 2020. Inoperative July 1, 2031. Repealed as of January 1, 2032, by its own provisions.)
  95. 42023.3.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 1. Market Development Programs [42000 - 42025] ( Chapter 1 added by Stats. 1993, Ch. 733, Sec. 2. ) ## ARTICLE 3. Market Development Zone Program [42010 - 42025] ( Article 3 added by Stats. 1993, Ch. 733, Sec. 2. )

    Verify source ↗

    Money left in the subaccount and loan repayment interest must be transferred to the account on July 1, 2031, and overdue loan money must be repaid to the department and deposited until paid in full. The section becomes inoperative on July 1, 2031 and repealed on January 1, 2032 unless later extended or deleted; interest earnings may be used for collection-related administrative costs if the Legislature authorizes it in the annual Budget Act.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 1. Market Development Programs [42000 - 42025] ( Chapter 1 added by Stats. 1993, Ch. 733, Sec. 2. ) ## ARTICLE 3. Market Development Zone Program [42010 - 42025] ( Article 3 added by Stats. 1993, Ch. 733, Sec. 2. ) ## 42023.3. (a) All money remaining in the subaccount on July 1, 2031, and all money received as repayment and interest on loans shall, as of July 1, 2031, be transferred to the account and any money due and outstanding on loans as of July 1, 2031, shall be repaid to the department and deposited by the department in the account until paid in full, except that, upon authorization by the Legislature in the annual Budget Act, interest earnings may be expended for administrative costs associated with the collection of outstanding loan accounts. (b) (1) Except as provided in paragraph (2), this section shall become inoperative on July 1, 2031, and as of January 1, 2032, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 2032, deletes or extends the dates on which it becomes inoperative and is repealed. (2) The repeal of this section pursuant to paragraph (1) shall not extinguish any loan obligation or the authority of the state to pursue appropriate actions for the collection of a loan. (Amended by Stats. 2019, Ch. 690, Sec. 10. (AB 1583) Effective January 1, 2020. Inoperative July 1, 2031. Repealed as of January 1, 2032, by its own provisions.)
  96. 42023.4.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 1. Market Development Programs [42000 - 42025] ( Chapter 1 added by Stats. 1993, Ch. 733, Sec. 2. ) ## ARTICLE 3. Market Development Zone Program [42010 - 42025] ( Article 3 added by Stats. 1993, Ch. 733, Sec. 2. )

    Verify source ↗

    Loans under this section must be documented with repayment terms, interest, and default consequences, and the department must set and publish the interest rate, screen applications, and set public eligibility criteria.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 1. Market Development Programs [42000 - 42025] ( Chapter 1 added by Stats. 1993, Ch. 733, Sec. 2. ) ## ARTICLE 3. Market Development Zone Program [42010 - 42025] ( Article 3 added by Stats. 1993, Ch. 733, Sec. 2. ) ## 42023.4. (a) A loan made pursuant to Section 42023.1 shall be subject to all of the following requirements: (1) The terms of an approved loan shall be specified in a loan agreement between the borrower and the department. The loan agreement shall include a requirement that the failure to comply with the agreement shall result in any remaining unpaid amount of the loan, with accrued interest, being immediately due and payable. Notwithstanding any term of the agreement, a recipient of a loan that the department approves shall repay the principal amount, plus interest. The department shall establish the loan interest rate as low as possible to make projects feasible and post the interest rate on its internet website. All money received as repayment and interest on loans made pursuant to this section shall be deposited in the subaccount. (2) The department shall approve only those loan applications that demonstrate the applicant’s ability to repay the loan. (3) Priority for funding shall be given to projects for circular recycling programs that result in the product being recycled into a product that is also recyclable, as determined by the department, or that has a minimum lifespan of 10 or more years. The department shall establish project eligibility criteria and make it available to the public in order to achieve the intent of the Legislature. (4) A loan shall not be provided for a project that will result in the production of fuels or energy through transformation, engineered municipal solid waste conversion, or other disposal activities. (5) The Department of Finance may audit the expenditure of the proceeds of a loan made pursuant to Section 42023.1 and this section. (b) (1) Except as provided in paragraph (2), this section shall become inoperative on July 1, 2031, and as of January 1, 2032, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 2032, deletes or extends the dates on which it becomes inoperative and is repealed. (2) The repeal of this section pursuant to paragraph (1) shall not extinguish any loan obligation or the authority of the state to pursue appropriate actions for the collection of a loan. (Amended by Stats. 2021, Ch. 258, Sec. 38. (SB 155) Effective September 23, 2021. Inoperative July 1, 2031. Repealed as of January 1, 2032, by its own provisions.)
  97. 42023.5.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 1. Market Development Programs [42000 - 42025] ( Chapter 1 added by Stats. 1993, Ch. 733, Sec. 2. ) ## ARTICLE 3. Market Development Zone Program [42010 - 42025] ( Article 3 added by Stats. 1993, Ch. 733, Sec. 2. )

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    The department must include a report on the Recycling Market Development Revolving Loan Program in its annual report to the Legislature.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 1. Market Development Programs [42000 - 42025] ( Chapter 1 added by Stats. 1993, Ch. 733, Sec. 2. ) ## ARTICLE 3. Market Development Zone Program [42010 - 42025] ( Article 3 added by Stats. 1993, Ch. 733, Sec. 2. ) ## 42023.5. (a) The department shall, as part of the annual report to the Legislature, pursuant to Section 40507, include a report on the performance of the Recycling Market Development Revolving Loan Program, including the number and size of loans made, characteristics of loan recipients, projected loan demand, and the cost of administering the program. (b) This section shall become inoperative on July 1, 2031, and as of January 1, 2032, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 2032, deletes or extends the date on which it becomes inoperative and is repealed. (Amended by Stats. 2019, Ch. 690, Sec. 12. (AB 1583) Effective January 1, 2020. Inoperative July 1, 2031. Repealed as of January 1, 2032, by its own provisions.)
  98. 42023.6.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 1. Market Development Programs [42000 - 42025] ( Chapter 1 added by Stats. 1993, Ch. 733, Sec. 2. ) ## ARTICLE 3. Market Development Zone Program [42010 - 42025] ( Article 3 added by Stats. 1993, Ch. 733, Sec. 2. )

    Verify source ↗

    The department must encourage applicants to seek participation from private financial institutions or other public agencies, and it may participate in the Capital Access Loan Program and operate inside or outside recycling market development zones.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 1. Market Development Programs [42000 - 42025] ( Chapter 1 added by Stats. 1993, Ch. 733, Sec. 2. ) ## ARTICLE 3. Market Development Zone Program [42010 - 42025] ( Article 3 added by Stats. 1993, Ch. 733, Sec. 2. ) ## 42023.6. (a) The department shall encourage applicants to seek participation from private financial institutions or other public agencies. For purposes of enabling the department and local agencies to comply with Sections 40051 and 41780, the department may participate, in an amount not to exceed five hundred thousand dollars ($500,000), in the Capital Access Loan Program as provided in Article 8 (commencing with Section 44559) of Chapter 1 of Division 27 of the Health and Safety Code. (b) For purposes of participating in the Capital Access Loan Program, as specified in subdivision (a), or in a program that leverages subaccount funds, the department may operate both inside and outside the recycling market development zones. (c) (1) Except as provided in paragraph (2), this section shall become inoperative on July 1, 2031, and as of January 1, 2032, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 2032, deletes or extends the date on which it becomes inoperative and is repealed. (2) The repeal of this section pursuant to paragraph (1) shall not extinguish any loan obligation or the authority of the state to pursue appropriate actions for the collection of a loan. (Amended by Stats. 2019, Ch. 690, Sec. 13. (AB 1583) Effective January 1, 2020. Inoperative July 1, 2031. Repealed as of January 1, 2032, by its own provisions.)
  99. 42024.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 1. Market Development Programs [42000 - 42025] ( Chapter 1 added by Stats. 1993, Ch. 733, Sec. 2. ) ## ARTICLE 3. Market Development Zone Program [42010 - 42025] ( Article 3 added by Stats. 1993, Ch. 733, Sec. 2. )

    Verify source ↗

    The department, the Treasurer, and other appropriate state agencies must coordinate related activities, as feasible and appropriate, to help finance market development projects and strengthen recycled-materials markets.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 1. Market Development Programs [42000 - 42025] ( Chapter 1 added by Stats. 1993, Ch. 733, Sec. 2. ) ## ARTICLE 3. Market Development Zone Program [42010 - 42025] ( Article 3 added by Stats. 1993, Ch. 733, Sec. 2. ) ## 42024. The department, the Treasurer, and other appropriate state agencies shall, to the extent feasible and as appropriate, coordinate activities that will leverage financing for market development projects and encourage joint activities to strengthen markets for recycled materials. (Amended by Stats. 2021, Ch. 258, Sec. 39. (SB 155) Effective September 23, 2021.)
  100. 42025.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 1. Market Development Programs [42000 - 42025] ( Chapter 1 added by Stats. 1993, Ch. 733, Sec. 2. ) ## ARTICLE 3. Market Development Zone Program [42010 - 42025] ( Article 3 added by Stats. 1993, Ch. 733, Sec. 2. )

    Verify source ↗

    The department must update the regulations for implementing this article.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 1. Market Development Programs [42000 - 42025] ( Chapter 1 added by Stats. 1993, Ch. 733, Sec. 2. ) ## ARTICLE 3. Market Development Zone Program [42010 - 42025] ( Article 3 added by Stats. 1993, Ch. 733, Sec. 2. ) ## 42025. The department shall update its regulations relating to the implementation of this article. Any regulation promulgated pursuant to this article and in effect on September 1, 2021, shall remain in effect until the department revises or repeals that regulation or January 1, 2022, whichever occurs first. (Added by Stats. 2021, Ch. 258, Sec. 40. (SB 155) Effective September 23, 2021.)
  101. 4203.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Prevention and Control of Forest Fires [4101 - 4209.5] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 9. Fire Hazard Severity Zones [4201 - 4204] ( Article 9 added by Stats. 1982, Ch. 806, Sec. 3. )

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    The State Fire Marshal must, by regulation, designate fire hazard severity zones and assign each zone a severity rating. A zone designation and rating cannot be adopted until the proposed regulation has been sent to the county board of supervisors at least 45 days before adoption and a public hearing has been held in that county during that period.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Prevention and Control of Forest Fires [4101 - 4209.5] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 9. Fire Hazard Severity Zones [4201 - 4204] ( Article 9 added by Stats. 1982, Ch. 806, Sec. 3. ) ## 4203. (a) The State Fire Marshal shall, by regulation, designate fire hazard severity zones and assign to each zone a rating reflecting the degree of severity of fire hazard that is expected to prevail in the zone. (b) No designation of a zone and assignment of a rating shall be adopted by the State Fire Marshal until the proposed regulation has been transmitted to the board of supervisors of the county in which the zone is located at least 45 days before the adoption of the proposed regulation and a public hearing has been held in that county during that 45-day period. (Amended by Stats. 2021, Ch. 225, Sec. 14. (AB 9) Effective January 1, 2022.)
  102. 42030.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Pharmaceutical and Sharps Waste Stewardship [42030 - 42036.4] ( Chapter 2 added by Stats. 2018, Ch. 1004, Sec. 1. ) ## ARTICLE 1. Definitions [42030- 42030.] ( Article 1 added by Stats. 2018, Ch. 1004, Sec. 1. )

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    This section defines key terms used in the pharmaceutical and sharps waste stewardship chapter and says the department must adopt regulations for identifying a covered entity.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Pharmaceutical and Sharps Waste Stewardship [42030 - 42036.4] ( Chapter 2 added by Stats. 2018, Ch. 1004, Sec. 1. ) ## ARTICLE 1. Definitions [42030- 42030.] ( Article 1 added by Stats. 2018, Ch. 1004, Sec. 1. ) ## 42030. For purposes of this chapter, the following terms have the following meanings: (a) “Authorized collection site” means a location where an authorized collector operates a secure collection receptacle for collecting covered products. (b) “Authorized collector” means a person or entity that has entered into an agreement with a program operator to collect covered drugs, including, but not limited to, any of the following: (1) A person or entity that is registered with the United States Drug Enforcement Administration and that qualifies under federal law to modify that registration to collect controlled substances for the purpose of destruction. (2) A law enforcement agency. (3) A retail pharmacy that offers drug take-back services in compliance with Article 9.1 (commencing with Section 1776) of Title 16 of the California Code of Regulations. (c) “Controlled substance” means a substance listed under Sections 11053 to 11058, inclusive, of the Health and Safety Code or Section 812 or 813 of Title 21 of the United States Code, or any successor section. (d) “Cosmetic” means an article, or a component of an article, intended to be rubbed, poured, sprinkled, sprayed, introduced into, or otherwise applied to the human body for cleansing, beautifying, promoting attractiveness, or altering the appearance. “Cosmetic” includes articles with or without expiration dates. (e) (1) “Covered drug” means a drug, including a brand name or generic drug, sold, offered for sale, or dispensed in the State of California in any form, including, but not limited to, any of the following: (A) Prescription and nonprescription drugs approved by the United States Food and Drug Administration pursuant to Section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 355) or Section 351 of the federal Public Health Service Act (42 U.S.C. Sec. 262). (B) A drug marketed pursuant to an over-the-counter drug monograph. (C) A drug in a medical device, or a combination product containing a drug and a medical device. (2) “Covered drug” does not include any of the following: (A) Vitamins or supplements. (B) Herbal-based remedies and homeopathic drugs, products, or remedies. (C) Cosmetics, soap, with or without germicidal agents, laundry detergent, bleach, household cleaning products, shampoos, sunscreens, toothpaste, lip balm, antiperspirants, or any other personal care product that is regulated as both a cosmetic and a nonprescription drug under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 301 et seq.). (D) A drug for which a pharmaceutical product stewardship program or drug takeback program is provided in the state as part of a United States Food and Drug Administration managed risk evaluation and mitigation strategy under 21 U.S.C. Sec. 355-1. (E) Biological drug products, as defined by 42 U.S.C. Sec. 262(i)(1), including those products currently approved in the state under a new drug application that will be deemed to be licensed under Section 351 of the Public Health Service Act (42 U.S.C. Sec. 262) pursuant to Section 7002(e) of the federal Biologics Price Competition and Innovation Act of 2009 (Public Law 111-148). (F) A medical device, or a component part or accessory of a medical device, if it does not contain a covered drug. (G) Drugs that are used for animal medicines, including, but not limited to, parasiticide products for animals. (H) Dialysate drugs or other saline solutions required to perform kidney dialysis. (f) (1) (A) “Covered entity” means the manufacturer of covered products that are sold in or into the state. (B) If no entity that meets the definition in subparagraph (A) is in the state, “covered entity” means the distributor of covered products that are sold in or into the state that is licensed as a wholesaler, as defined in Section 4043 of the Business and Professions Code, but does not include a warehouse of a retail pharmacy chain that is licensed as a wholesaler if it engages only in intracompany transfers between any division, affiliate, subsidiary, parent, or other entity under complete common ownership and control. (C) If no entity that meets the definition in subparagraph (A) or (B) is in the state, “covered entity” means a repackager, as defined in Section 4044 of the Business and Professions Code, of covered products that are sold in or into the state. (D) If no entity that meets the definition in subparagraph (A), (B), or (C) is in the state, “covered entity” means the owner or licensee of a trademark or brand under which covered products are sold in or into the state, regardless of whether the trademark is registered. (E) If no entity that meets the definition in subparagraph (A), (B), (C), or (D) is in the state, “covered entity” means the importer of the covered products that are sold in or into the state. (2) The department shall adopt regulations on the process for determining what entity is a covered entity following the priority order set forth in paragraph (1). (g) “Covered product” means a covered drug or home-generated sharps waste. (h) “Department” means the Department of Resources Recycling and Recovery, and any successor agency. (i) “Distributor” means a wholesaler, as that term is defined in Section 4043 of the Business and Professions Code. (j) “Drug” means any of the following: (1) An article recognized in the official United States Pharmacopoeia, the official National Formulary, the official Homeopathic Pharmacopoeia of the United States, or any supplement of the formulary or those pharmacopoeias. (2) A substance intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or other animals. (3) A substance, other than food, intended to affect the structure or any function of the body of humans or other animals. (4) A substance intended for use as a component of any substance specified in this subdivision. (k) “Generic drug” means a drug that is chemically identical or bioequivalent to a brand name drug in dosage form, safety, strengths, route of administration, quality, performance, characteristics, and intended use, though inactive ingredients may vary. (l) (1) “Home-generated sharps waste” has the same meaning as defined in Section 117671 of the Health and Safety Code. (2) “Home-generated sharps waste” does not include either of the following: (A) Components manufactured for use with external ambulatory insulin pump therapy systems or continuous glucose monitoring systems, including, but not limited to, insulin infusion sets, glucose sensors that are sterile goods indicated for single subcutaneous use, sterile drug delivery channels indicated for single subcutaneous use, and injection ports. (B) A biological product, as defined in Section 262(i)(1) of Title 42 of the United States Code, including a combination product, as defined in Section 3.2(e) of Title 21 of the Code of Federal Regulations. (m) “Mail-back program” means a method of collecting covered products from ultimate users by using prepaid, preaddressed mailing envelopes as described in Section 1776.2 of Article 9.1 of Division 17 of Title 16 of the California Code of Regulations. (n) “Nonprescription drug” means any drug that may be lawfully sold without a prescription. (o) “Pharmacy” has the same meaning as defined in Section 4037 of the Business and Professions Code. (p) “Prescription drug” means a drug, including, but not limited to, a controlled substance, that is required under federal or state law to be dispensed with a prescription, or is restricted to use by practitioners only. (q) “Program operator” means a covered entity, or stewardship organization on behalf of a group of covered entities, that is responsible for operating a stewardship program in accordance with this chapter. (r) “Proprietary information” means information that is all of the following: (1) Submitted pursuant to this chapter. (2) A trade secret, or commercial or financial information, that is privileged or confidential, and is identified as such by the entity providing the information to the department. (3) Not required to be disclosed under any other law or any regulation affecting a covered product or covered entity. (s) “Retail pharmacy” means an independent pharmacy, a supermarket pharmacy, a chain pharmacy, or a mass merchandiser pharmacy possessing a license from the state board to operate a pharmacy. (t) “Retail pharmacy chain” means a retail pharmacy with five or more stores in the state. (u) “Sharps” means hypodermic needles, pen needles, intravenous needles, lancets, and other devices that are used to penetrate the skin for the delivery of medications. (v) “State board” means the California State Board of Pharmacy. (w) “Stewardship organization” means an organization exempt from taxation under Section 501(c)(3) of the federal Internal Revenue Code of 1986 (21 U.S.C. Sec. 501(c)(3)) that is established by a group of covered entities in accordance with this chapter to develop, implement, and administer a stewardship program established pursuant to this chapter. (x) “Stewardship plan,” or “plan” means the plan for collecting and properly managing covered products that is developed by a covered entity or stewardship organization pursuant to this chapter. (y) “Stewardship program” means a stewardship program for the collection, transportation, and disposal of covered products. (z) “Ultimate user” means a state resident or other nonbusiness entity and includes a person who has lawfully obtained, and who possesses, a covered product, including a controlled substance, for the person’s own use or for the use of a member of the person’s household. “Ultimate user” does not include a needle exchange program established under Section 121349 of the Health and Safety Code, or a medical waste generator, as defined in Section 117705 of the Health and Safety Code. (Amended by Stats. 2019, Ch. 497, Sec. 229. (AB 991) Effective January 1, 2020.)
  103. 42031.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Pharmaceutical and Sharps Waste Stewardship [42030 - 42036.4] ( Chapter 2 added by Stats. 2018, Ch. 1004, Sec. 1. ) ## ARTICLE 2. Covered Entities and Stewardship Organizations [42031 - 42031.6] ( Article 2 added by Stats. 2018, Ch. 1004, Sec. 1. )

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    Covered entities must file product lists with the state board, and the board may ask certain entities for additional information about drugs and sharps.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Pharmaceutical and Sharps Waste Stewardship [42030 - 42036.4] ( Chapter 2 added by Stats. 2018, Ch. 1004, Sec. 1. ) ## ARTICLE 2. Covered Entities and Stewardship Organizations [42031 - 42031.6] ( Article 2 added by Stats. 2018, Ch. 1004, Sec. 1. ) ## 42031. (a) (1) No later than 90 days after the effective date of this section, a covered entity shall provide a list of covered products, and a list and description of any drugs or sharps that are not covered products, that it sells or offers for sale in the state to the state board. (2) A covered entity, or a stewardship organization on behalf of a group of covered entities, shall update the lists described in paragraph (1) and provide the updated lists to the state board on or before January 15 of each year or upon request of the department. (b) No later than 90 days after the effective date of this section, a retail pharmacy that sells a covered product under its own label shall provide written notification to the state board identifying the covered entity from which the retail pharmacy obtains a covered product that the retail pharmacy sells under its store label. (c) The state board shall verify the information received pursuant to subdivisions (a) and (b) and make it available to the department upon request. (d) The state board may issue a letter of inquiry to any entity listed in subparagraphs (A) to (E), inclusive, of paragraph (1) of subdivision (f) of Section 42030 requesting a list of all drugs and sharps it distributes in California, regardless of whether the drugs or sharps are covered under this chapter, the name of the manufacturer of such products, and any additional information necessary to carry out this chapter. An entity that is issued a letter of inquiry pursuant to this subdivision shall respond in writing no later than 60 days after receipt of the letter. Responses to those inquiries may be shared with the department, but are otherwise deemed proprietary and exempt from disclosure. If the entity does not believe it is a covered entity for purposes of this chapter, it shall submit all of the following to the state board in response to the letter of inquiry: (1) The basis for the claim that it is not a covered entity. (2) A list of any drugs and sharps it sells, distributes, repackages, or otherwise offers for sale within the state. (3) If applicable, the name and contact information of the person or entity from which it obtains a drug or sharp identified pursuant to paragraph (2). (e) The state board shall obtain and verify and, within 30 days of receipt or upon request by the department, submit to the department a list of drugs and sharps sold or offered for sale in the state excluded from the definition of “covered drugs” pursuant to paragraph (2) of subdivision (e) of Section 42030 or excluded from the definition of “home-generated sharps waste” in subdivision (l) of Section 42030. (f) Notwithstanding Section 42036.4, information submitted by the state board to the department under this chapter may include proprietary information. (g) The state board shall notify the department if any covered entity or stewardship organization is in violation of this section for purposes of enforcement by the department. (Amended by Stats. 2019, Ch. 497, Sec. 230. (AB 991) Effective January 1, 2020.)
  104. 42031.2.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Pharmaceutical and Sharps Waste Stewardship [42030 - 42036.4] ( Chapter 2 added by Stats. 2018, Ch. 1004, Sec. 1. ) ## ARTICLE 2. Covered Entities and Stewardship Organizations [42031 - 42031.6] ( Article 2 added by Stats. 2018, Ch. 1004, Sec. 1. )

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    The department must adopt regulations to implement this chapter by no later than January 1, 2021, and the state board may adopt regulations for the parts of the chapter it is responsible for.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Pharmaceutical and Sharps Waste Stewardship [42030 - 42036.4] ( Chapter 2 added by Stats. 2018, Ch. 1004, Sec. 1. ) ## ARTICLE 2. Covered Entities and Stewardship Organizations [42031 - 42031.6] ( Article 2 added by Stats. 2018, Ch. 1004, Sec. 1. ) ## 42031.2. (a) The department shall adopt regulations for the implementation of this chapter with an effective date of no later than January 1, 2021. (b) The state board may adopt regulations for the administration of the portions of this chapter for which it has been given responsibilities. (Added by Stats. 2018, Ch. 1004, Sec. 1. (SB 212) Effective January 1, 2019.)
  105. 42031.4.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Pharmaceutical and Sharps Waste Stewardship [42030 - 42036.4] ( Chapter 2 added by Stats. 2018, Ch. 1004, Sec. 1. ) ## ARTICLE 2. Covered Entities and Stewardship Organizations [42031 - 42031.6] ( Article 2 added by Stats. 2018, Ch. 1004, Sec. 1. )

    Verify source ↗

    A covered entity must ensure its covered products are covered by an approved stewardship plan after the specified one-year period, or face penalties. It may also run a stewardship program itself or through a qualifying stewardship organization.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Pharmaceutical and Sharps Waste Stewardship [42030 - 42036.4] ( Chapter 2 added by Stats. 2018, Ch. 1004, Sec. 1. ) ## ARTICLE 2. Covered Entities and Stewardship Organizations [42031 - 42031.6] ( Article 2 added by Stats. 2018, Ch. 1004, Sec. 1. ) ## 42031.4. (a) Except as specified in subdivision (d) of Section 42035, a covered entity is not in compliance with this chapter and is subject to penalties pursuant to Article 6 (commencing with Section 42035) if, commencing one year from the adoption of regulations pursuant to Section 42031.2, a covered product sold or offered for sale by the covered entity is not subject to an approved stewardship plan, which is submitted by the covered entity or by a stewardship organization that includes the covered entity, that has been approved by the department pursuant to Section 42032. (b) In order to comply with the requirements of this chapter, a covered entity may establish and implement a stewardship program independently, or as part of a group of covered entities through membership in a stewardship organization exempt from taxation under Section 501(c)(3) of the federal Internal Revenue Code of 1986 (21 U.S.C. Sec. 501(c)(3)). (Amended by Stats. 2019, Ch. 497, Sec. 231. (AB 991) Effective January 1, 2020.)
  106. 42031.6.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Pharmaceutical and Sharps Waste Stewardship [42030 - 42036.4] ( Chapter 2 added by Stats. 2018, Ch. 1004, Sec. 1. ) ## ARTICLE 2. Covered Entities and Stewardship Organizations [42031 - 42031.6] ( Article 2 added by Stats. 2018, Ch. 1004, Sec. 1. )

    Verify source ↗

    A program operator must run an education and outreach program for the stewardship program and must not promote disposal of covered products in a way that conflicts with the program’s services.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Pharmaceutical and Sharps Waste Stewardship [42030 - 42036.4] ( Chapter 2 added by Stats. 2018, Ch. 1004, Sec. 1. ) ## ARTICLE 2. Covered Entities and Stewardship Organizations [42031 - 42031.6] ( Article 2 added by Stats. 2018, Ch. 1004, Sec. 1. ) ## 42031.6. (a) A program operator shall conduct a comprehensive education and outreach program intended to promote participation in the stewardship program. At a minimum, the education and outreach program shall do all of the following: (1) Promote its stewardship program to ultimate users by providing signage for hospitals, pharmacies, and other locations, as necessary. (2) Provide educational and outreach materials for persons authorized to prescribe drugs, pharmacies, pharmacists, ultimate users, and others, as necessary. (3) Establish an Internet Web site that publicizes the location of authorized collectors and provides other information intended to promote the use of the stewardship program. (4) Prepare and provide additional outreach materials not specified in this section, as needed to promote the collection and proper management of covered drugs and home-generated sharps waste. (5) Encourage ultimate users to separate products that are not covered products from covered products, when appropriate, before submitting the covered products to an authorized collection site or mail-back program. (b) A program operator shall not, as part of the education and outreach program, promote the disposal of a covered product in a manner inconsistent with the services offered to ultimate users by the stewardship program. (Added by Stats. 2018, Ch. 1004, Sec. 1. (SB 212) Effective January 1, 2019.)
  107. 42032.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Pharmaceutical and Sharps Waste Stewardship [42030 - 42036.4] ( Chapter 2 added by Stats. 2018, Ch. 1004, Sec. 1. ) ## ARTICLE 3. Stewardship Plans [42032 - 42032.2] ( Article 3 added by Stats. 2018, Ch. 1004, Sec. 1. )

    Verify source ↗

    A program operator must submit and update a stewardship plan for department approval, with prior review by the state board and other applicable agencies.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Pharmaceutical and Sharps Waste Stewardship [42030 - 42036.4] ( Chapter 2 added by Stats. 2018, Ch. 1004, Sec. 1. ) ## ARTICLE 3. Stewardship Plans [42032 - 42032.2] ( Article 3 added by Stats. 2018, Ch. 1004, Sec. 1. ) ## 42032. (a) (1) Within six months of the adoption date of regulations by the department pursuant to Section 42031.2, a program operator shall submit to the department for approval a complete stewardship plan that meets the requirements of Section 42032.2 for the establishment and implementation of a stewardship program, in a format determined by the department. (2) The department shall approve a proposed stewardship program if the program operator submits a completed plan that meets the requirements of this section. (b) (1) Before submitting a stewardship plan to the department pursuant to this section, a program operator shall submit its proposed stewardship plan to the state board for review, and to any other applicable state agencies with areas of authority relative to the stewardship plan. The duration of time that the state board takes to review a stewardship plan pursuant to this paragraph shall not count toward the time limit specified in paragraph (1) of subdivision (a). (2) An agency that receives a plan shall review the plan for compliance with state and federal laws and regulations related to the agency’s respective authority. The agency shall determine compliance or noncompliance with those laws and regulations, and provide to the program operator that determination and an explanation for any finding of noncompliance, within 90 days of receipt of the plan. (3) A program operator may submit an updated proposed plan to an agency that issued a determination of noncompliance to attempt to obtain a determination of compliance. A program operator shall submit any determination received from an agency when it submits its stewardship plan to the department. (4) If, 90 days after submitting a plan to an applicable agency, a program operator has not received a response from the applicable agency, the program operator may submit a certification to the department that the stewardship plan is consistent with all other applicable laws and regulations. (c) (1) The department shall determine if a stewardship plan is complete, including the determinations required pursuant to subdivision (b), and notify the submitting program operator within 30 days of receipt. (2) If the department finds that the stewardship plan is complete, the department’s 90-day review period for consideration of approval of the plan set forth in subdivision (d) shall commence upon the original date of receipt. (3) If the department determines the stewardship plan is incomplete, the department shall identify for the program operator the required additional information, and the program operator shall resubmit the plan within 30 days. (4) If the department determines upon resubmission that the stewardship plan is complete, the department’s 90-day review period for consideration of approval of the plan shall commence upon the date of receipt of the resubmitted plan. (d) (1) The department shall review a complete submitted stewardship plan and shall approve, disapprove, or conditionally approve the plan within 90 days of receipt of the complete plan. (2) The department may consult with, or submit a stewardship plan for review to, the state board or another state agency it determines is necessary to determine the completeness of the stewardship plan or for making a determination on the approval of the stewardship plan or an amendment to the stewardship plan. The duration of time that the department takes to review a stewardship plan pursuant to this paragraph shall not count toward the 90-day time limit specified in paragraph (1). (e) A program operator shall submit any significant changes to a stewardship plan in writing for approval by the department, and shall not implement the changes prior to that approval. (f) (1) If the department disapproves a submitted stewardship plan pursuant to subdivision (d), the department shall explain, in writing within 30 days, how the plan does not comply with this chapter, and the program operator shall resubmit a revised plan to the department. (2) If the department finds that the revised stewardship plan submitted by the program operator does not comply with the requirements of this chapter and disapproves the plan, the covered entity operating its own stewardship program, or the stewardship organization and the covered entities that are members of the stewardship organization, are not in compliance with this chapter until the program operator submits a plan that the department approves. (g) A program operator shall fully implement operation of an approved stewardship program no later than 270 days after approval by the department of the stewardship plan that establishes the stewardship program. (h) If a stewardship plan is revoked pursuant to subdivision (a) of Section 42035.4 or terminated by the program operator that submitted the plan, a covered entity no longer subject to that plan may, without being subject to penalties pursuant to Article 6 (commencing with Section 42035), sell or offer for sale covered products in the state for a period of up to one year after the plan terminated or was revoked if the covered entity continues to operate under the most recent approved stewardship plan to which the covered entity was subject. (i) The department shall make all stewardship plans submitted pursuant to this section available to the public, except proprietary information in the plans protected pursuant to Section 42036.4. (Added by Stats. 2018, Ch. 1004, Sec. 1. (SB 212) Effective January 1, 2019.)
  108. 42032.2.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Pharmaceutical and Sharps Waste Stewardship [42030 - 42036.4] ( Chapter 2 added by Stats. 2018, Ch. 1004, Sec. 1. ) ## ARTICLE 3. Stewardship Plans [42032 - 42032.2] ( Article 3 added by Stats. 2018, Ch. 1004, Sec. 1. )

    Verify source ↗

    A covered-drugs stewardship plan must include specific program details, collection-site minimums, funding, legal compliance, and procedures for handling, transport, disposal, and public access requests.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Pharmaceutical and Sharps Waste Stewardship [42030 - 42036.4] ( Chapter 2 added by Stats. 2018, Ch. 1004, Sec. 1. ) ## ARTICLE 3. Stewardship Plans [42032 - 42032.2] ( Article 3 added by Stats. 2018, Ch. 1004, Sec. 1. ) ## 42032.2. (a) (1) To be complete, a stewardship plan for covered drugs shall do all of the following: (A) Identify and provide contact information for the stewardship organization, if applicable, and each participating covered entity, and identify each covered drug sold or offered for sale by each participating covered entity. (B) Identify and provide contact information for the authorized collectors for the stewardship program, as well as the reasons for excluding any potential authorized collectors from participation in the program. (C) Include any determinations provided by a state agency pursuant to subdivision (b) of Section 42032. Any determination of noncompliance shall be accompanied by a superseding determination of compliance. (D) Demonstrate adequate funding for all administrative and operational costs of the stewardship program, to be borne by participating covered entities. (E) Provide for a handling, transport, and disposal system that complies with applicable state and federal laws, including, but not limited to, regulations adopted by the United States Drug Enforcement Administration. (F) Provide for a collection system that complies with the requirements of this chapter and meets all of the following requirements for authorized collection sites in each county in which the plan will be implemented: (i) Provides for a minimum of five authorized collection sites or one authorized collection site per 50,000 people, whichever is greater. (ii) Provides for a reasonable geographic spread of authorized collection sites and an explanation for the geographic spread. (iii) Provides for a mail-back program covering any counties where there is not an authorized retail pharmacy operating as an authorized collection site. (G) Require a program operator to do all of the following: (i) Permit an ultimate user who is a homeless, homebound, or disabled individual to request prepaid, preaddressed mailing envelopes, or an alternative form of a collection and disposal system, as described in paragraph (2) of subdivision (c), that would render the covered drug inert. A program operator shall accept that request through an Internet Web site and toll-free telephone number that it shall maintain to comply with the requests. (ii) Provide alternative methods of collection from ultimate users for any covered drugs, other than controlled substances, that cannot be accepted or commingled with other covered drugs in secure collection receptacles or through a mail-back program, to the extent technically feasible and permissible under applicable state and federal law, including, but not limited to, United States Drug Enforcement Administration regulations. (iii) (I) Provide a service schedule that meets the needs of each authorized collection site to ensure that each secure collection receptacle is serviced as often as necessary to avoid reaching capacity and that collected covered drugs are transported to final disposal in a timely manner. Additionally, a receipt or collection manifest shall be left with the authorized collection site to support verification of the service. The authorized collection site shall maintain and make available to the department this documentation. (II) An authorized collector shall comply with applicable federal and state laws regarding collection and transportation standards, and the handling of covered drugs, including United States Drug Enforcement Administration regulations. (H) Provide the policies and procedures for the safe and secure collection, transporting, and disposing of the covered drug, describe how and where records will be maintained and how, at a minimum, instances of security problems that occur will be addressed, and explain the processes that will be taken to change the policies, procedures, and tracking mechanisms to alleviate the problems and to improve safety and security. (2) Paragraph (1) shall apply only with regard to covered drugs. (b) (1) At least 120 days before submitting a stewardship plan to the department, the operator of a stewardship program for covered drugs shall notify potential authorized collectors in the county or counties in which it operates of the opportunity to serve as an authorized collector for the proposed stewardship program. If a potential authorized collector expresses interest in participating in a stewardship program, the program operator shall commence good faith negotiations with the potential authorized collector within 30 days. (2) A retail pharmacy shall make a reasonable effort to serve as an authorized collector as part of a stewardship program in the county in which it is located. If the minimum threshold described in clause (i) of subparagraph (F) of paragraph (1) of subdivision (a) is not met in each county in which a retail pharmacy chain has store locations, the retail pharmacy chain shall have at least one location or 15 percent of its store locations, whichever is greater, in that county serve as authorized collectors in a stewardship program. (3) A program operator shall include as an authorized collector under its stewardship program any entity listed in subdivision (b) of Section 42030 that offers to participate in the stewardship program, in writing and without compensation, even if the minimum convenience standards set in clause (i) of subparagraph (F) of paragraph (1) of subdivision (a) have been achieved. The program operator shall include the offering entity as an authorized collector in the program within 90 days of receiving the written offer to participate. A program operator shall not be required to respond to offers pursuant to this paragraph until the program operator’s stewardship plan has been approved by the department. (c) After a stewardship plan for covered drugs has been approved, the program operator may supplement service, if approved by the department, for a county in which it operates that does not have the minimum number of authorized collection sites due to circumstances beyond the program operator’s control, by establishing one or both of the following: (1) A mail-back program. The mail-back program may include providing information on where and how to receive mail-back materials or providing the locations at which it distributes prepaid, preaddressed mailing envelopes. The program operator shall propose the locations of those envelope distribution locations as part of the stewardship plan. Prepaid mailing envelopes may be mailed to an ultimate user upon request. (2) An alternative form of collection and disposal of covered drugs that complies with applicable state and federal law, including, but not limited to, United States Drug Enforcement Administration regulations. (d) (1) To be complete, a stewardship plan for home-generated sharps waste shall do all of the following: (A) Identify and provide contact information for the stewardship organization, if applicable, and each participating covered entity, and identify each covered product sold or offered for sale by each participating covered entity. (B) Include any determinations provided by a state agency pursuant to subdivision (b) of Section 42032. Any determination of noncompliance shall be accompanied by a superseding determination of compliance. (C) Demonstrate adequate funding for all administrative and operational costs of the stewardship program, to be borne by participating covered entities. (D) Provide for a handling, transport, and disposal system, at no cost to the ultimate user, that complies with applicable state and federal laws. (E) Maintain an Internet Web site and toll-free telephone number for purposes of providing information on the program, including disposal options, and to receive requests for sharps waste containers from ultimate users. (F) Provide that a stewardship program for home-generated sharps waste shall be a mail-back program for home-generated sharps waste that complies with this chapter and that meets all the following requirements: (i) The program provides or initiates distribution of a sharps waste container and mail-back materials at the point of sale, to the extent allowable by law. Containers and mail-back materials shall be provided at no cost to the ultimate user. The program operator shall select and distribute a container and mail-back materials sufficient to accommodate the volume of sharps purchased by an ultimate user over a selected time period. (I) For any sharps, the packaging, an insert or instructions, or separate information provided to the ultimate user shall include information on proper sharps waste disposal. (II) All sharps waste containers shall include on a label affixed to the container or packaging, or on a separate insert included in the container or packaging, the program operator’s Internet Web site and toll-free telephone number. (III) All sharps waste containers shall include prepaid postage affixed to the container or to the mail-back packaging. (ii) Upon request, the program provides for reimbursement to local agencies for disposal costs related to home-generated sharps waste, unless the program operator provides for the removal of the home-generated sharps waste from the local household hazardous waste facility. (I) A local agency shall not knowingly request reimbursement for disposal expenses pursuant to this subparagraph for disposal costs resulting from a municipal needle exchange program or a medical waste generator. (II) Reimbursement costs shall be limited to the actual costs of transportation from the household hazardous waste facility and for the actual costs of disposal. (III) A request for reimbursement pursuant to this clause shall be submitted with a declaration under penalty of perjury that the local agency has not knowingly requested reimbursement for expenses prohibited by this section. (IV) A cost is eligible for reimbursement pursuant to this clause if the cost is incurred 270 days or more after the approval of a stewardship plan for home-generated sharps waste. (2) Paragraph (1) shall apply only with regard to home-generated sharps waste. (e) A stewardship plan shall include provisions to expand into jurisdictions not included in the stewardship plan pursuant to Section 42036.2, in the event a jurisdiction repeals its local stewardship program ordinance. (f) A stewardship plan shall include educational and outreach provisions to meet the requirements of Section 42031.6. (Added by Stats. 2018, Ch. 1004, Sec. 1. (SB 212) Effective January 1, 2019.)
  109. 42033.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Pharmaceutical and Sharps Waste Stewardship [42030 - 42036.4] ( Chapter 2 added by Stats. 2018, Ch. 1004, Sec. 1. ) ## ARTICLE 4. Reports, Budgets, and Records [42033 - 42033.6] ( Article 4 added by Stats. 2018, Ch. 1004, Sec. 1. )

    Verify source ↗

    A program operator must submit an initial stewardship program budget to the department when it submits a stewardship plan.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Pharmaceutical and Sharps Waste Stewardship [42030 - 42036.4] ( Chapter 2 added by Stats. 2018, Ch. 1004, Sec. 1. ) ## ARTICLE 4. Reports, Budgets, and Records [42033 - 42033.6] ( Article 4 added by Stats. 2018, Ch. 1004, Sec. 1. ) ## 42033. With the submission of a stewardship plan, a program operator shall submit to the department an initial stewardship program budget for the first five calendar years of operation of its stewardship program that includes both of the following: (a) Total anticipated revenues and costs of implementing the stewardship program. (b) A total recommended funding level sufficient to cover the plan’s budgeted costs and to operate the stewardship program over a multiyear period. (Added by Stats. 2018, Ch. 1004, Sec. 1. (SB 212) Effective January 1, 2019.)
  110. 42033.2.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Pharmaceutical and Sharps Waste Stewardship [42030 - 42036.4] ( Chapter 2 added by Stats. 2018, Ch. 1004, Sec. 1. ) ## ARTICLE 4. Reports, Budgets, and Records [42033 - 42033.6] ( Article 4 added by Stats. 2018, Ch. 1004, Sec. 1. )

    Verify source ↗

    A program operator must submit an annual stewardship report and budget to the department, and the department must review and decide on them within set deadlines.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Pharmaceutical and Sharps Waste Stewardship [42030 - 42036.4] ( Chapter 2 added by Stats. 2018, Ch. 1004, Sec. 1. ) ## ARTICLE 4. Reports, Budgets, and Records [42033 - 42033.6] ( Article 4 added by Stats. 2018, Ch. 1004, Sec. 1. ) ## 42033.2. (a) On or before March 31, 2022, and each year thereafter, a program operator shall prepare and submit to the department both of the following: (1) A written report describing the stewardship program activities during the previous reporting period of one year. (2) A written program budget for stewardship program implementation for the upcoming calendar year. (b) An annual report submitted pursuant to paragraph (1) of subdivision (a) shall include, at a minimum, all of the following for the prior year: (1) A list of covered entities participating in the stewardship organization. (2) The updated and reverified list provided pursuant to paragraph (2) of subdivision (a) of Section 42031 of covered products that each covered entity subject to the stewardship plan sells or offers for sale. (3) The amount, by weight, of covered products collected from ultimate users at each authorized collection site that is part of the stewardship program. (4) For a stewardship plan for covered drugs, the name and location of authorized collection sites at which covered drugs were collected. (5) For a stewardship plan for home-generated sharps waste, information on the mail-back program. (6) Whether policies and procedures for collecting, transporting, and disposing of covered products, as established in the stewardship plan, were followed during the reporting period and a description of each instance of noncompliance, if any occurred. (7) Whether any safety or security problems occurred during collection, transportation, or disposal of collected covered products during the reporting period and, if so, what changes have been or will be made to policies, procedures, or tracking mechanisms to alleviate the problem and to improve safety and security. (8) How the program operator complied with all elements in its stewardship plan. (9) Any other information the department reasonably requires. (c) An annual program budget submitted pursuant to paragraph (2) of subdivision (a) shall include, at a minimum, both of the following for the upcoming calendar year: (1) An independent financial audit of the stewardship program, as required by subdivision (b) of Section 42033.4, funded by the stewardship organization from the charge paid from its member covered entities pursuant to Section 42034 or by a covered entity if it operates its own stewardship program. (2) Anticipated costs and the recommended funding level necessary to implement the stewardship program, including, but not limited to, costs to cover the stewardship plan’s budgeted costs and to operate the stewardship program over a multiyear period in a prudent and responsible manner. (d) (1) The department shall determine if a submitted annual report and program budget are complete and notify the submitting stewardship organization or covered entity within 30 days. (2) If the department finds that an annual report and program budget are complete, the department’s 90-day review period for consideration of approval of the annual report and program budget, set forth in subdivision (e), shall commence upon the original date of receipt. (3) If the department determines either an annual report or a program budget is incomplete, the department shall identify for the program operator within 30 days the required additional information, and the program operator shall submit a revised annual report or program budget, as applicable, within 30 days. (4) If the department determines upon resubmission that the annual report or program budget is complete, the department’s 90-day review period for consideration of approval of the annual report or program budget shall commence upon the date of receipt of the resubmitted report or program budget. (e) (1) The department shall review the annual report and program budget required pursuant to this section and within 90 days of receipt shall approve, disapprove, or conditionally approve the annual report and program budget. (2) (A) If the department conditionally approves an annual report or program budget, the department shall identify the deficiencies in the annual report or program budget and the program operator shall comply with the conditions of the conditional approval within 60 days of the notice date, unless the Director of Resources Recycling and Recovery determines that additional time is needed. (B) If the department conditionally approves an annual report or program budget and the conditions are not met within 60 days of the notice date, unless additional time is granted pursuant to subparagraph (A), the department shall disapprove the annual report or program budget. (3) If the department disapproves an annual report or program budget, the department shall identify the deficiencies in the annual report or program budget and the program operator shall submit a revised annual report or program budget and provide any supplemental information requested within 60 days of the notice date. (Added by Stats. 2018, Ch. 1004, Sec. 1. (SB 212) Effective January 1, 2019.)
  111. 42033.4.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Pharmaceutical and Sharps Waste Stewardship [42030 - 42036.4] ( Chapter 2 added by Stats. 2018, Ch. 1004, Sec. 1. ) ## ARTICLE 4. Reports, Budgets, and Records [42033 - 42033.6] ( Article 4 added by Stats. 2018, Ch. 1004, Sec. 1. )

    Verify source ↗

    Program operators must keep stewardship records and have them audited yearly; the department can audit too.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Pharmaceutical and Sharps Waste Stewardship [42030 - 42036.4] ( Chapter 2 added by Stats. 2018, Ch. 1004, Sec. 1. ) ## ARTICLE 4. Reports, Budgets, and Records [42033 - 42033.6] ( Article 4 added by Stats. 2018, Ch. 1004, Sec. 1. ) ## 42033.4. (a) A program operator shall keep minutes, books, and records that clearly reflect the activities and transactions of the program operator’s stewardship program. (b) (1) The minutes, books, and records of a program operator shall be audited at the program operator’s expense by an independent certified public accountant retained by the program operator at least once each calendar year. (2) A program operator shall arrange for the independent certified public accountant audit to be delivered to the department, along with the annual report and program budget submitted pursuant to subdivision (a) of Section 42033.2. (3) The department may conduct its own audit of a program operator. The department shall review the independent certified public accountant audit for compliance with this chapter and consistency with the program operator’s stewardship plan, annual report, and program budget submitted pursuant to this chapter. The department shall notify the program operator of any conduct or practice that does not comply with this chapter or of any inconsistencies identified in the department’s audit. The program operator may obtain copies of the department’s audit, including proprietary information contained in the department’s audit, upon request. The department shall not disclose any confidential proprietary information protected pursuant to Section 42036.4 that is included in the department’s audit. (Added by Stats. 2018, Ch. 1004, Sec. 1. (SB 212) Effective January 1, 2019.)
  112. 42033.5.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Pharmaceutical and Sharps Waste Stewardship [42030 - 42036.4] ( Chapter 2 added by Stats. 2018, Ch. 1004, Sec. 1. ) ## ARTICLE 4. Reports, Budgets, and Records [42033 - 42033.6] ( Article 4 added by Stats. 2018, Ch. 1004, Sec. 1. )

    Verify source ↗

    A local jurisdiction that seeks certain sharps-waste removal or cost recovery must provide home-generated sharps waste information to a covered entity or program operator within a reasonable time after request.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Pharmaceutical and Sharps Waste Stewardship [42030 - 42036.4] ( Chapter 2 added by Stats. 2018, Ch. 1004, Sec. 1. ) ## ARTICLE 4. Reports, Budgets, and Records [42033 - 42033.6] ( Article 4 added by Stats. 2018, Ch. 1004, Sec. 1. ) ## 42033.5. For a local jurisdiction that requests removal of home-generated sharps waste or cost recovery or reimbursement for removal pursuant to Section 42032.2, the local jurisdiction shall provide information on home-generated sharps waste to the covered entity or program operator, within a reasonable time upon request by the covered entity or program operator. (Added by Stats. 2018, Ch. 1004, Sec. 1. (SB 212) Effective January 1, 2019.)
  113. 42033.6.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Pharmaceutical and Sharps Waste Stewardship [42030 - 42036.4] ( Chapter 2 added by Stats. 2018, Ch. 1004, Sec. 1. ) ## ARTICLE 4. Reports, Budgets, and Records [42033 - 42033.6] ( Article 4 added by Stats. 2018, Ch. 1004, Sec. 1. )

    Verify source ↗

    The department must develop and post an online report within 12 months after a program operator submits three consecutive complete annual reports.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Pharmaceutical and Sharps Waste Stewardship [42030 - 42036.4] ( Chapter 2 added by Stats. 2018, Ch. 1004, Sec. 1. ) ## ARTICLE 4. Reports, Budgets, and Records [42033 - 42033.6] ( Article 4 added by Stats. 2018, Ch. 1004, Sec. 1. ) ## 42033.6. As part of the administration of this chapter, within 12 months of a program operator’s submission of three consecutive complete annual reports submitted pursuant to Section 42033.2, the department shall develop, and post on its Internet Web site, a report analyzing whether the program operator’s stewardship program provides adequate access to safe disposal of home-generated sharps waste or covered drugs, as applicable, to the ultimate user. (Added by Stats. 2018, Ch. 1004, Sec. 1. (SB 212) Effective January 1, 2019.)
  114. 42035.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Pharmaceutical and Sharps Waste Stewardship [42030 - 42036.4] ( Chapter 2 added by Stats. 2018, Ch. 1004, Sec. 1. ) ## ARTICLE 6. Enforcement [42035 - 42035.8] ( Article 6 added by Stats. 2018, Ch. 1004, Sec. 1. )

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    The department must post and update a compliance list on its website, and certain sellers must monitor that list and notify the department about unlisted covered products. Some covered entities and stewardship organizations may seek a certification letter, and certain pre-existing inventory is exempt.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Pharmaceutical and Sharps Waste Stewardship [42030 - 42036.4] ( Chapter 2 added by Stats. 2018, Ch. 1004, Sec. 1. ) ## ARTICLE 6. Enforcement [42035 - 42035.8] ( Article 6 added by Stats. 2018, Ch. 1004, Sec. 1. ) ## 42035. (a) (1) On or before June 30, 2022, and at least annually thereafter, the department shall post on its Internet Web site a list of stewardship organizations, including entities with an approved stewardship plan, and covered entities, authorized collection sites, retail pharmacies, and retail pharmacy chains provided in the stewardship plans that are in compliance with this chapter. (2) The state board shall coordinate with the department to verify that the list posted pursuant to paragraph (1) is consistent with the information submitted to each agency pursuant to Section 42031. (b) A covered entity or stewardship organization that is not listed on the department’s Internet Web site pursuant to subdivision (a), but demonstrates compliance with this chapter before the department is required to post the following year’s list pursuant to subdivision (a), may request a certification letter from the department stating that the covered entity or stewardship organization is in compliance with this chapter. A covered entity or stewardship organization that receives a certification letter shall be deemed to be in compliance with this chapter. (c) A distributor or wholesaler of covered products, and a pharmacy or other retailer that sells or offers for sale a covered product, shall monitor the department’s Internet Web site to determine which covered entities and stewardship organizations are in compliance with this chapter. The distributor or wholesaler and the pharmacy or other retailer shall notify the department if it determines that a covered product that it sells or offers for sale is from a covered entity that is not listed on the department’s Internet Web site. (d) The sale, distribution, or offering for sale of any inventory that was in stock before the commencement of a stewardship program is exempt from this chapter and not required to be subject to a stewardship plan. (e) If the department determines a covered entity or stewardship organization is not in compliance with this chapter, the department shall remove the entity from the list maintained on the department’s Internet Web site pursuant to subdivision (a). (Added by Stats. 2018, Ch. 1004, Sec. 1. (SB 212) Effective January 1, 2019.)
  115. 42035.2.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Pharmaceutical and Sharps Waste Stewardship [42030 - 42036.4] ( Chapter 2 added by Stats. 2018, Ch. 1004, Sec. 1. ) ## ARTICLE 6. Enforcement [42035 - 42035.8] ( Article 6 added by Stats. 2018, Ch. 1004, Sec. 1. )

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    The department may impose daily administrative penalties on certain covered entities and related actors for violating this chapter, with higher maximums for intentional, knowing, or reckless violations.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Pharmaceutical and Sharps Waste Stewardship [42030 - 42036.4] ( Chapter 2 added by Stats. 2018, Ch. 1004, Sec. 1. ) ## ARTICLE 6. Enforcement [42035 - 42035.8] ( Article 6 added by Stats. 2018, Ch. 1004, Sec. 1. ) ## 42035.2. (a) (1) The department may impose an administrative penalty on any covered entity, program operator, stewardship organization, or authorized collector that sells, offers for sale, or provides a covered product in violation of this chapter. (2) The amount of the administrative penalty imposed pursuant to this subdivision shall not exceed ten thousand dollars ($10,000) per day unless the violation is intentional, knowing, or reckless, in which case the administrative penalty shall not exceed fifty thousand dollars ($50,000) per day. (b) The department shall not impose a penalty on a program operator pursuant to this section for failure to comply with this chapter if the program operator demonstrates it received false or misleading information that contributed to its failure to comply, including, for a stewardship organization, from a participating covered entity. (c) The department shall deposit all penalties collected pursuant to this section in the Pharmaceutical and Sharps Stewardship Penalty Account, which is hereby created in the Pharmaceutical and Sharps Stewardship Fund established in Section 42034.2. Upon appropriation by the Legislature, moneys in the Pharmaceutical and Sharps Stewardship Penalty Account may be expended by the department on activities including, but not limited to, the promotion of safe handling and disposal of covered products, grants for related purposes, and the administration and enforcement of this chapter. (Amended by Stats. 2019, Ch. 497, Sec. 232. (AB 991) Effective January 1, 2020.)
  116. 42035.4.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Pharmaceutical and Sharps Waste Stewardship [42030 - 42036.4] ( Chapter 2 added by Stats. 2018, Ch. 1004, Sec. 1. ) ## ARTICLE 6. Enforcement [42035 - 42035.8] ( Article 6 added by Stats. 2018, Ch. 1004, Sec. 1. )

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    If the department finds in writing that a covered entity, program operator, stewardship organization, or authorized collector has failed a material requirement, it may revoke or require resubmission of a stewardship plan, and may require extra compliance reporting, after giving a chance to respond.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Pharmaceutical and Sharps Waste Stewardship [42030 - 42036.4] ( Chapter 2 added by Stats. 2018, Ch. 1004, Sec. 1. ) ## ARTICLE 6. Enforcement [42035 - 42035.8] ( Article 6 added by Stats. 2018, Ch. 1004, Sec. 1. ) ## 42035.4. Upon a written finding that a covered entity, program operator, stewardship organization, or authorized collector has not met a material requirement of this chapter, in addition to any other penalties authorized under this chapter, the department may take one or both of the following actions to ensure compliance with the requirements of this chapter, after affording the covered entity, stewardship organization, or authorized collector a reasonable opportunity to respond to, or rebut, the finding: (a) Revoke the program operator’s stewardship plan approval or require the program operator to resubmit the plan. (b) Require additional reporting relating to compliance with the material requirement of this chapter that was not met. (Added by Stats. 2018, Ch. 1004, Sec. 1. (SB 212) Effective January 1, 2019.)
  117. 42035.6.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Pharmaceutical and Sharps Waste Stewardship [42030 - 42036.4] ( Chapter 2 added by Stats. 2018, Ch. 1004, Sec. 1. ) ## ARTICLE 6. Enforcement [42035 - 42035.8] ( Article 6 added by Stats. 2018, Ch. 1004, Sec. 1. )

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    Certain covered entities and pharmacies must give the department access and records on request, keep required records for at least three years, and submit reports and records under penalty of perjury.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Pharmaceutical and Sharps Waste Stewardship [42030 - 42036.4] ( Chapter 2 added by Stats. 2018, Ch. 1004, Sec. 1. ) ## ARTICLE 6. Enforcement [42035 - 42035.8] ( Article 6 added by Stats. 2018, Ch. 1004, Sec. 1. ) ## 42035.6. (a) A covered entity, stewardship organization, program operator, retail pharmacy, or retail pharmacy chain shall do both of the following: (1) Upon request, provide the department with reasonable and timely access, as determined by the department, to its facilities and operations, as necessary to determine compliance with this chapter. (2) Upon request, provide the department with relevant records necessary to determine compliance with this chapter. (b) A covered entity, stewardship organization, program operator, retail pharmacy, or retail pharmacy chain shall maintain and keep accessible all records required to be kept or submitted pursuant to this chapter for a minimum of three years. (c) All reports and records provided to the department pursuant to this chapter shall be provided under penalty of perjury. (d) The department may take disciplinary action against a covered entity, stewardship organization, program operator, pharmacy, retail pharmacy, or retail pharmacy chain that fails to provide the department with the access to information required pursuant to this section, including one or both of the following: (1) Imposing an administrative penalty pursuant to Section 42035.2. (2) Posting a notice on the department’s Internet Web site, in association with the list that the department maintains pursuant to paragraph (1) of subdivision (a) of Section 42035, that the covered entity, stewardship organization, program operator, pharmacy, retail pharmacy, or retail pharmacy chain is no longer in compliance with this chapter. (e) The department shall not prohibit as a disciplinary action a covered entity, stewardship organization, program operator, pharmacy, retail pharmacy, or retail pharmacy chain from selling a covered product. (Added by Stats. 2018, Ch. 1004, Sec. 1. (SB 212) Effective January 1, 2019.)
  118. 42035.8.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Pharmaceutical and Sharps Waste Stewardship [42030 - 42036.4] ( Chapter 2 added by Stats. 2018, Ch. 1004, Sec. 1. ) ## ARTICLE 6. Enforcement [42035 - 42035.8] ( Article 6 added by Stats. 2018, Ch. 1004, Sec. 1. )

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    Handling, transport, and disposal in a stewardship program must comply with applicable state and federal laws, including DEA regulations.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Pharmaceutical and Sharps Waste Stewardship [42030 - 42036.4] ( Chapter 2 added by Stats. 2018, Ch. 1004, Sec. 1. ) ## ARTICLE 6. Enforcement [42035 - 42035.8] ( Article 6 added by Stats. 2018, Ch. 1004, Sec. 1. ) ## 42035.8. All handling, transport, and disposal undertaken as part of a stewardship program under this chapter shall comply with applicable state and federal laws, including, but not limited to, regulations adopted by the United States Drug Enforcement Administration. (Added by Stats. 2018, Ch. 1004, Sec. 1. (SB 212) Effective January 1, 2019.)
  119. 42036.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Pharmaceutical and Sharps Waste Stewardship [42030 - 42036.4] ( Chapter 2 added by Stats. 2018, Ch. 1004, Sec. 1. ) ## ARTICLE 7. Miscellaneous Provisions [42036 - 42036.4] ( Article 7 added by Stats. 2018, Ch. 1004, Sec. 1. )

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    Certain stewardship organizations and covered entities are exempt from antitrust and unfair competition laws for specified stewardship-plan activities, but the exemption does not cover price fixing, output limits, or geographic/customer restrictions in agreements.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Pharmaceutical and Sharps Waste Stewardship [42030 - 42036.4] ( Chapter 2 added by Stats. 2018, Ch. 1004, Sec. 1. ) ## ARTICLE 7. Miscellaneous Provisions [42036 - 42036.4] ( Article 7 added by Stats. 2018, Ch. 1004, Sec. 1. ) ## 42036. (a) Except as provided in subdivision (c), an action specified in subdivision (b) that is taken by a stewardship organization or a covered entity pursuant to this chapter is not a violation of the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), the Unfair Practices Act (Chapter 4 (commencing with Section 17000) of Part 2 of Division 7 of the Business and Professions Code), or the Unfair Competition Law (Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code). (b) Subdivision (a) shall apply to all of the following actions taken by a stewardship organization or covered entity: (1) The creation, implementation, or management of a stewardship plan approved by the department pursuant to Article 3 (commencing with Section 42032) and the determination of the types or quantities of covered products collected or otherwise managed pursuant to a stewardship plan. (2) The determination of the cost and structure of an approved stewardship plan. (3) The establishment, administration, collection, or disbursement of the charge or administrative fee imposed pursuant to Section 42034 or 42034.2, respectively. (c) Subdivision (a) shall not apply to an agreement that does any of the following: (1) Fixes a price of or for covered products, except for an agreement related to costs, charges, or administrative fees associated with participation in a stewardship plan approved by the department and otherwise in accordance with this chapter. (2) Fixes the output of production of covered products. (3) Restricts the geographic area in which, or customers to whom, covered products are sold. (Added by Stats. 2018, Ch. 1004, Sec. 1. (SB 212) Effective January 1, 2019.)
  120. 42036.2.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Pharmaceutical and Sharps Waste Stewardship [42030 - 42036.4] ( Chapter 2 added by Stats. 2018, Ch. 1004, Sec. 1. ) ## ARTICLE 7. Miscellaneous Provisions [42036 - 42036.4] ( Article 7 added by Stats. 2018, Ch. 1004, Sec. 1. )

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    This section limits how local drug and sharps stewardship programs interact with this chapter, including preemption, grandfathering, and funding eligibility.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Pharmaceutical and Sharps Waste Stewardship [42030 - 42036.4] ( Chapter 2 added by Stats. 2018, Ch. 1004, Sec. 1. ) ## ARTICLE 7. Miscellaneous Provisions [42036 - 42036.4] ( Article 7 added by Stats. 2018, Ch. 1004, Sec. 1. ) ## 42036.2. (a) This chapter does not apply to a drug or sharp within a jurisdiction that is subject to a local stewardship program pursuant to an ordinance that took effect before April 18, 2018. If that ordinance is repealed in the jurisdiction or, if more than one ordinance is applicable, those ordinances are repealed in the jurisdiction, the drug or sharp shall be subject to this chapter in that jurisdiction within 270 days after the date on which the ordinance is, or ordinances are, repealed. (b) This chapter shall preempt a local stewardship program for drugs or sharps enacted by an ordinance or ordinances with an effective date on or after April 18, 2018. (c) A local stewardship program for covered products enacted by an ordinance that has an effective date before April 18, 2018, may continue in operation, but the program and its participants shall not receive or benefit from moneys from the Pharmaceutical and Sharps Stewardship Fund or the Pharmaceutical and Sharps Stewardship Penalty Account, including, but not limited to, for administrative or enforcement costs. Participants of a local stewardship program for covered products enacted by an ordinance that has an effective date before April 18, 2018, shall be eligible to participate in a stewardship program under this chapter and thereby become eligible to receive funds from the Pharmaceutical and Sharps Stewardship Fund or the Pharmaceutical and Sharps Stewardship Penalty Account only if the local stewardship program is dissolved. (Added by Stats. 2018, Ch. 1004, Sec. 1. (SB 212) Effective January 1, 2019.)
  121. 42036.4.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Pharmaceutical and Sharps Waste Stewardship [42030 - 42036.4] ( Chapter 2 added by Stats. 2018, Ch. 1004, Sec. 1. ) ## ARTICLE 7. Miscellaneous Provisions [42036 - 42036.4] ( Article 7 added by Stats. 2018, Ch. 1004, Sec. 1. )

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    Proprietary information submitted under this chapter must be kept confidential and is exempt from public disclosure.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Pharmaceutical and Sharps Waste Stewardship [42030 - 42036.4] ( Chapter 2 added by Stats. 2018, Ch. 1004, Sec. 1. ) ## ARTICLE 7. Miscellaneous Provisions [42036 - 42036.4] ( Article 7 added by Stats. 2018, Ch. 1004, Sec. 1. ) ## 42036.4. Proprietary information submitted to the department under this chapter shall be protected by all parties as confidential and shall be exempt from public disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). The department and other parties may only disclose proprietary information in an aggregated form that does not directly or indirectly identify financial, production, or sales data of an individual covered entity or stewardship organization. Proprietary information may be disclosed to the party that submitted the proprietary information. (Amended by Stats. 2021, Ch. 615, Sec. 392. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  122. 4204.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Prevention and Control of Forest Fires [4101 - 4209.5] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 9. Fire Hazard Severity Zones [4201 - 4204] ( Article 9 added by Stats. 1982, Ch. 806, Sec. 3. )

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    The State Fire Marshal must periodically review fire hazard severity zones and may revise their zones or ratings, or repeal a zone designation, when necessary.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Prevention and Control of Forest Fires [4101 - 4209.5] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 9. Fire Hazard Severity Zones [4201 - 4204] ( Article 9 added by Stats. 1982, Ch. 806, Sec. 3. ) ## 4204. The State Fire Marshal shall periodically review zones designated and rated pursuant to this article and, as necessary, shall revise zones or their ratings or repeal the designation of zones. Any revision of a zone or its rating or any repeal of a zone shall conform to the requirements of Section 4203. In addition, the revision or repeal of a zone may be petitioned pursuant to Sections 11340.6 and 11340.7 of the Government Code. (Amended by Stats. 2021, Ch. 225, Sec. 15. (AB 9) Effective January 1, 2022.)
  123. 42040.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 3. Plastic Pollution Prevention and Packaging Producer Responsibility Act [42040 - 42084] ( Chapter 3 added by Stats. 2022, Ch. 75, Sec. 2. ) ## ARTICLE 1. General Provisions [42040 - 42041] ( Article 1 added by Stats. 2022, Ch. 75, Sec. 2. )

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    This section names the chapter and states legislative findings and intent about packaging producers, local jurisdictions, and recycling costs.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 3. Plastic Pollution Prevention and Packaging Producer Responsibility Act [42040 - 42084] ( Chapter 3 added by Stats. 2022, Ch. 75, Sec. 2. ) ## ARTICLE 1. General Provisions [42040 - 42041] ( Article 1 added by Stats. 2022, Ch. 75, Sec. 2. ) ## 42040. (a) This chapter shall be known, and may be cited, as the Plastic Pollution Prevention and Packaging Producer Responsibility Act. (b) The Legislature finds and declares all of the following: (1) Disadvantaged and low-income communities are disproportionately impacted by the human health and environmental impacts of plastic pollution and fossil fuel extraction. (2) (A) Local jurisdictions are the backbone of the solid waste management and recycling efforts in California. The new statewide comprehensive circular economy framework established by this chapter is intended to shift the burden of costs to collect, process, and recycle materials from the local jurisdictions to the producers of covered material. (B) It is the intent of the Legislature in enacting this chapter to ensure that local jurisdictions will be made financially whole for any new costs incurred associated with the implementation of this chapter and its implementing regulations. (3) (A) In 2021, only 5 percent of postconsumer plastic waste in the United States was recycled, down from a high of 9.5 percent in 2014, when the United States exported millions of tons of plastic waste to China. Even then, much of this material was incinerated or dumped into the environment and not recycled. (B) It is the intent of the Legislature to establish a producer responsibility program designed to ensure that producers of single-use packaging and food service ware covered by this program take responsibility for the costs associated with the end-of-life management of that material and ensure that the material is recyclable or compostable. This standardization will reduce consumer confusion regarding recycling and composting, reduce costs to ratepayers, and increase system efficiency. (C) It is also the intent of the Legislature that these improvements will allow California, going forward, to better harmonize curbside collection programs as local jurisdictions will collect material identified as either recyclable or compostable if that material is found to be suitable for curbside collection. (4) Recycling can be an effective way to reclaim some natural resources, such as metals, glass, paper, and some plastic resins. However, in some circumstances, recycling is cost-prohibitive and an ineffective means to handle the end-of-life management of a covered material. In these circumstances, the Legislature acknowledges that some material types cannot effectively meet the requirements of this chapter and producers will be required to eliminate, redesign, or shift packaging or food service ware to a covered material category that can more efficiently meet the requirements of this chapter. (5) This chapter does not modify, limit, or abrogate in any manner the existing rights of an owner of recyclable materials to sell or donate those materials. (Amended by Stats. 2023, Ch. 848, Sec. 4. (AB 1526) Effective January 1, 2024.)
  124. 42041.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 3. Plastic Pollution Prevention and Packaging Producer Responsibility Act [42040 - 42084] ( Chapter 3 added by Stats. 2022, Ch. 75, Sec. 2. ) ## ARTICLE 1. General Provisions [42040 - 42041] ( Article 1 added by Stats. 2022, Ch. 75, Sec. 2. )

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    This section defines key terms for the packaging producer responsibility chapter and describes a few exemptions and regulatory powers.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 3. Plastic Pollution Prevention and Packaging Producer Responsibility Act [42040 - 42084] ( Chapter 3 added by Stats. 2022, Ch. 75, Sec. 2. ) ## ARTICLE 1. General Provisions [42040 - 42041] ( Article 1 added by Stats. 2022, Ch. 75, Sec. 2. ) ## 42041. For purposes of this chapter, the following definitions apply: (a) “Advisory board” means the producer responsibility advisory board established pursuant to Section 42070. (b) “Bulk or large format packaging” means packaging for a large amount of a product in a large packaging, thereby offsetting the need for multiple smaller packaging units for the same amount of product. (c) “California circular economy administrative fee” means the fee imposed by the department pursuant to Section 42053.5. (d) “Concentrate” or “concentration” means reducing the amount of packaging needed for a product by reformulating the product to allow for smaller quantities of the product to be used for the same purpose as the previous, larger quantity. (e) (1) “Covered material” means both of the following: (A) Single-use packaging that is routinely recycled, disposed of, or discarded after its contents have been used or unpackaged, and typically not refilled or otherwise reused by the producer. (B) Plastic single-use food service ware, including, but not limited to, plastic-coated paper or plastic-coated paperboard, paper or paperboard with plastic intentionally added during the manufacturing process, and multilayer flexible material. For purposes of this subparagraph, “single-use food service ware” includes both of the following: (i) Trays, plates, bowls, clamshells, lids, cups, utensils, stirrers, hinged or lidded containers, and straws. (ii) Wraps or wrappers and bags used in the packaging of food offered for sale or provided to customers by food service establishments. (2) Notwithstanding paragraph (1), “covered material” does not include any of the following: (A) Packaging used for any of the following products: (i) Medical products and products defined as devices or prescription drugs, as specified in the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Secs. 321(g), 321(h), and 353(b)(1)). (ii) Drugs that are used for animal medicines, including, but not limited to, parasiticide products for animals. (iii) Products intended for animals that are regulated as animal drugs, biologics, parasiticides, medical devices, or diagnostics used to treat, or administered to, animals under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 301 et seq.), the federal Virus-Serum-Toxin Act (21 U.S.C. Sec. 151 et seq.), or the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 et seq.). (iv) Infant formula, as defined in Section 321(z) of Title 21 of the United States Code. (v) Medical food, as defined in Section 360ee(b)(3) of Title 21 of the United States Code. (vi) Fortified oral nutritional supplements used for persons who require supplemental or sole source nutrition to meet nutritional needs due to special dietary needs directly related to cancer, chronic kidney disease, diabetes, malnutrition, or failure to thrive, as those terms are defined as by the International Classification of Diseases, Tenth Revision, or other medical conditions as determined by the department. (B) Packaging used to contain products regulated by the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 et seq.). (C) Plastic packaging containers that are used to contain and ship products that are classified for transportation as dangerous goods or hazardous materials under Part 178 (commencing with Section 178.0) of Subchapter C of Chapter I of Subtitle B of Title 49 of the Code of Federal Regulations. (D) Packaging used to contain hazardous or flammable products classified by the 2012 federal Occupational Safety and Health Administration Hazard Communication Standard (29 C.F.R. 1910.1200). (E) Beverage containers subject to the California Beverage Container Recycling and Litter Reduction Act (Division 12.1 (commencing with Section 14500)). (F) Packaging used for the long-term protection or storage of a product that has a lifespan of not less than five years, as determined by the department. (G) Packaging associated with paint products, as defined in Section 48701. (H) (i) Covered material for which the producer demonstrates to the department that the covered material meets all of the following criteria: (I) The covered material is not collected through a residential recycling collection service. (II) The covered material does not undergo separation from other materials at a commingled recycling processing facility. (III) The covered material is recycled at a responsible end market. (IV) Until January 1, 2027, the producer annually demonstrates to the department that the material has had a recycling rate of 65 percent for three consecutive years. On and after January 1, 2027, the producer demonstrates to the department that the material has had a recycling rate at or over 70 percent annually, as demonstrated to the department every two years. (ii) If only a portion of the covered material sold in or into the state by a producer meets the criteria of clause (i), only the portion of the covered material that meets the criteria of clause (i) is exempt from this chapter and any portion that does not meet the criteria is a covered material for purposes of this chapter. (f) “Covered material category” means a category that includes covered material of a similar type and form, as determined by the department. (g) “Curbside collection” means a program that includes the collection of material, including, but not limited to, covered materials, by a local jurisdiction or recycling or composting service provider under contract with a local jurisdiction. (h) “Department” means the Department of Resources Recycling and Recovery. (i) “Disadvantaged community” means an area identified by the California Environmental Protection Agency pursuant to Section 39711 of the Health and Safety Code or an area identified as a disadvantaged unincorporated community pursuant to Section 65302.10 of the Government Code. (j) “Eliminate” or “elimination,” with respect to source reduction, means the removal of a plastic component from a covered material without replacing that component with a nonplastic component. (k) “Expanded polystyrene” means blown polystyrene and expanded or extruded foams that are thermoplastic petrochemical materials utilizing a styrene monomer and processed by any technique or techniques, including, but not limited to, fusion of polymer spheres (expandable bead polystyrene), injection molding, foam molding, and extrusion-blow molding (extruded foam polystyrene). (l) “Lightweighting” means reducing the weight or amount of material used in a specific packaging or food service ware without functionally changing the packaging or food service ware. “Lightweighting” does not include changes that result in a recyclable or compostable covered material becoming nonrecyclable or noncompostable or less likely to be recycled or composted. (m) “Local jurisdiction” means a city, county, city and county, regional agency formed pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code or Article 3 (commencing with Section 40970) of Chapter 1 of Part 2, or special district that provides solid waste collection services. (n) “Low-income community” means an area with household incomes at or below 80 percent of the statewide median income or with household incomes at or below the threshold designated as low income by the Department of Housing and Community Development’s list of state income limits adopted pursuant to Section 50093 of the Health and Safety Code. (o) “Malus fee” means a charge imposed by a PRO on a participant producer for a covered material due to the adverse environmental or public health impacts of the covered material. (p) “Materials recovery facility” or “MRF” means a recycling facility that receives recyclable material, including, but not limited to, any covered material, for mechanical or manual sorting into specification-grade commodities for sale to a broker or end market. (q) “Needs assessment” means a needs assessment prepared pursuant to Section 42067. (r) “Optimize” or “optimization” means limiting the amount of covered material used in packaging by meeting product or packaging needs with minimal material. This includes, but is not limited to, eliminating unnecessary components, right-sizing, concentrating, and using bulk or large format packaging. (s) “Packaging” means any separable and distinct material component used for the containment, protection, handling, delivery, or presentation of goods by the producer for the user or consumer, ranging from raw materials to processed goods. “Packaging” includes, but is not limited to, all of the following: (1) Sales packaging or primary packaging intended to provide the user or consumer the individual serving or unit of the product and most closely containing the product, food, or beverage. (2) Grouped packaging or secondary packaging intended to bundle, sell in bulk, brand, or display the product. (3) Transport packaging or tertiary packaging intended to protect the product during transport. (4) Packaging components and ancillary elements integrated into packaging, including ancillary elements directly hung onto or attached to a product and that perform a packaging function, except both of the following: (A) An element of the packaging or food service ware with a de minimis weight or volume, which is not an independent plastic component, as determined by the department. (B) A component or element that is an integral part of the product, if all components or elements of the product are intended to be consumed or disposed of together. (t) “Plastic” means a synthetic or semisynthetic material chemically synthesized by the polymerization of organic substances that can be shaped into various rigid and flexible forms, and includes coatings and adhesives. “Plastic” includes, without limitation, polyethylene terephthalate (PET), high density polyethylene (HDPE), polyvinyl chloride (PVC), low density polyethylene (LDPE), polypropylene (PP), polystyrene (PS), polylactic acid (PLA), and aliphatic biopolyesters, such as polyhydroxyalkanoate (PHA) and polyhydroxybutyrate (PHB). “Plastic” does not include natural rubber or naturally occurring polymers such as proteins or starches. (u) “Plastic component” means any single piece of covered material made partially or entirely of plastic. A plastic component may constitute the entirety of the covered material or a separate or separable piece of the covered material. (v) “Processing” means to sort, segregate, break or flake, and clean material to prepare it to meet the specification for sale to a responsible end market. (w) (1) “Producer” means a person who manufactures a product that uses covered material and who owns or is the licensee of the brand or trademark under which the product is used in a commercial enterprise, sold, offered for sale, or distributed in the state. (2) If there is no person in the state who is the producer for purposes of paragraph (1), the producer of the covered material is the owner or, if the owner is not in the state, the exclusive licensee of a brand or trademark under which the product using the covered material is used in a commercial enterprise, sold, offered for sale, or distributed in the state. For purposes of this subdivision, a licensee is a person holding the exclusive right to use a trademark or brand in the state in connection with the manufacture, sale, or distribution of the product packaged in or made from the covered material. (3) If there is no person in the state who is the producer for purposes of paragraph (1) or (2), the producer of the covered material is the person who sells, offers for sale, or distributes the product that uses the covered material in or into the state. (4) “Producer” does not include a person who produces, harvests, and packages an agricultural commodity on the site where the agricultural commodity was grown or raised. (5) For purposes of this chapter, the sale of covered materials shall be deemed to occur in the state if the covered materials are delivered to the purchaser in the state. (x) “Producer responsibility organization” or “PRO” means an organization that is exempt from taxation under Section 501(c)(3) of the federal Internal Revenue Code of 1986 and is formed for the purpose of implementing a plan to meet the requirements of this chapter. (y) “Producer responsibility plan” or “plan,” unless context requires otherwise, means the plan produced by a PRO, or by a producer that chooses to assume responsibility to comply with this chapter individually, and submitted to the advisory board and department pursuant to Section 42051.1. (z) “Rate of inbound contamination” means the amount of nonrecyclable or noncompostable materials arriving at a materials recovery facility or other recycling or composting facility. (aa) (1) “Recycle” or “recycling” means the process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise ultimately be disposed of onto land or into water or the atmosphere, and returning them to, or maintaining them within, the economic mainstream in the form of recovered material for new, reused, or reconstituted products, including compost, that meet the quality standards necessary to be used in the marketplace. (2) “Recycle” or “recycling” does not include any of the following: (A) Combustion. (B) Incineration. (C) Energy generation. (D) Fuel production, except for anaerobic digestion of source separated organic materials. (E) Other forms of disposal. (3) To be considered recycled, covered material shall be sent to a responsible end market. (4) (A) The department may adopt regulations to define guidelines and verification requirements for covered material shipped out of state and exported to other countries for recycling, including processing requirements, and contamination standards, or to otherwise implement this paragraph. (B) For any mixture of plastic waste exported to another country, the PRO or producer shall certify to the department that the processes and recycling technologies used meet both of the following requirements, as determined by the department: (i) The plastic waste is a mixture of plastic types consisting only of one or more of polyethylene, polypropylene, or polyethylene terephthalate, and the export is destined for separate recycling of each material. (ii) The plastic waste export is not prohibited by an applicable law or treaty of the destination jurisdiction, and the import of the plastic waste into the destination jurisdiction will be conducted in accordance with all applicable laws and treaties of that destination jurisdiction. (C) For any mixture of plastic waste exported to other states or countries, the PRO or producer shall certify to the department that the recycling technology used meets the requirements of this subdivision. (D) In meeting the requirements of subparagraphs (B) and (C), the PRO or producer shall provide documentation necessary to verify this certification and shall make the certification under penalty of perjury. (5) The department’s regulations shall encourage recycling that minimizes generation of hazardous waste, generation of greenhouse gases, environmental impacts, environmental justice impacts, and public health impacts. The regulations shall include criteria to exclude plastic recycling technologies that produce significant amounts of hazardous waste. (ab) “Recycling rate” means the percentage, overall and by category, of covered material sold, offered for sale, distributed, or imported in the state that is ultimately recycled. The recycling rate shall be calculated as the amount of covered material that is recycled in a given year divided by the total amount of covered material disposed of, as defined in subdivision (b) of Section 40192, and the amount of covered material recycled, unless and until the department adopts a new methodology for calculating the recycling rate by regulation. (ac) “Recycling service provider” means a solid waste enterprise that provides solid waste handling services on behalf of a local jurisdiction. (ad) “Responsible end market” means a materials market in which the recycling and recovery of materials or the disposal of contaminants is conducted in a way that benefits the environment and minimizes risks to public health and worker health and safety. The department may adopt regulations to identify responsible end markets and to establish criteria regarding benefits to the environment and minimizing risks to public health and worker health and safety. (ae) (1) “Retailer” or “wholesaler” means the person or entity who sells covered material in the state to purchasers or offers to purchasers the covered material in the state through any means, including, but not limited to, any of the following: (A) Remote offering, including sales outlets or catalogs. (B) Electronically through the internet. (C) Telephone. (D) Mail. (E) Direct sales. (2) A person who sells covered material as a third-party seller using an online marketplace as described in paragraph (3) shall be considered the retailer or wholesaler for purposes of such transactions. The owner or operator of the online marketplace shall not be considered the retailer or wholesaler for such sales. (3) For purposes of this subdivision, “online marketplace” means a consumer-directed, electronically accessed platform in which all of the following are true: (A) The platform includes features that enable third-party sellers to sell consumer products directly to consumers in the state without the owner or operator of the platform involved in the transaction other than by providing order processing, payment, storage, shipping, or delivery services. (B) Third-party sellers use the features described in subparagraph (A) to sell directly to consumers in the state, with title to the consumer product passing from the third-party sellers directly to consumers and not being held by the owner or operator of the online marketplace at any point during the transaction, including upon receipt of the order and throughout the order fulfillment process. (C) Except as provided by subparagraph (E), the owner or operator of the platform does not directly or indirectly control the covered material used in packaging and shipping of a consumer product in this state. (D) The person or entity operating the platform has a contractual or similar relationship with consumers governing their use of the platform to purchase consumer products. (E) Third-party sellers agree, pursuant to the platform’s terms and conditions or other enforceable agreement, that they will not use the platform to offer for sale, sell, or distribute into the state covered material that does not meet the requirements of this chapter. (af) “Reusable” or “refillable” or “reuse” or “refill,” in regard to packaging or food service ware, means either of the following: (1) For packaging or food service ware that is reused or refilled by a producer, it satisfies all of the following: (A) Explicitly designed and marketed to be utilized multiple times for the same product, or for another purposeful packaging use in a supply chain. (B) Designed for durability to function properly in its original condition for multiple uses. (C) Supported by adequate infrastructure to ensure the packaging or food service ware can be conveniently and safely reused or refilled for multiple cycles. (D) Repeatedly recovered, inspected, and repaired, if necessary, and reissued into the supply chain for reuse or refill for multiple cycles. (2) For packaging or food service ware that is reused or refilled by a consumer, it satisfies all of the following: (A) Explicitly designed and marketed to be utilized multiple times for the same product. (B) Designed for durability to function properly in its original condition for multiple uses. (C) Supported by adequate and convenient availability of and retail infrastructure for bulk or large format packaging that may be refilled to ensure the packaging or food service ware can be conveniently and safely reused or refilled by the consumer multiple times. (ag) “Right-size” or “right-sizing” means reducing the amount of material used to package an item by reducing unnecessary space or eliminating unnecessary components of the packaging. (ah) “Rural area” has the same meaning as defined in Section 50101 of the Health and Safety Code. (ai) “Single use” means conventionally disposed of after a single use or not sufficiently durable or washable to be, or not intended to be, reusable or refillable. (aj) “Source reduction” means the reduction in the amount of covered material created by a producer relative to a baseline established pursuant to subdivision (b) of Section 42057. Methods of source reduction include, but are not limited to, shifting covered material to reusable or refillable packaging or a reusable product or eliminating unnecessary packaging. “Source reduction” does not include either of the following: (1) Replacing a recyclable or compostable covered material with a nonrecyclable or noncompostable covered material or a covered material that is less likely to be recycled or composted. (2) Switching from virgin covered material to postconsumer recycled content. (ak) “Source reduction plan” means the plan prepared as part of the PRO plan in accordance with Section 42057. (al) “Unexpended funds” means moneys in a PRO’s accounts that the organization is not already obligated to pay pursuant to a contract, claim, or similar mechanism. “Unexpended funds” excludes the California circular economy administrative fees. (Amended by Stats. 2024, Ch. 989, Sec. 6. (SB 1143) Effective January 1, 2025.)
  125. 42050.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 3. Plastic Pollution Prevention and Packaging Producer Responsibility Act [42040 - 42084] ( Chapter 3 added by Stats. 2022, Ch. 75, Sec. 2. ) ## ARTICLE 2. Producer Responsibility [42050 - 42057] ( Article 2 added by Stats. 2022, Ch. 75, Sec. 2. )

    Verify source ↗

    Producers of covered material sold, offered for sale, imported, or distributed in the state must meet source-reduction, recyclability/compostability, and recycling-rate requirements.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 3. Plastic Pollution Prevention and Packaging Producer Responsibility Act [42040 - 42084] ( Chapter 3 added by Stats. 2022, Ch. 75, Sec. 2. ) ## ARTICLE 2. Producer Responsibility [42050 - 42057] ( Article 2 added by Stats. 2022, Ch. 75, Sec. 2. ) ## 42050. Consistent with the policy goal established in Section 41780.01 and consistent with the waste hierarchy established in Section 40051, producers of covered material sold, offered for sale, imported, or distributed in the state shall achieve all of the following with respect to the materials for which they are the producers: (a) All plastic covered material is source reduced pursuant to the requirements established in Section 42057 and paragraph (6) of subdivision (a) of Section 42060. (b) Ensure that all covered material offered for sale, distributed, or imported in or into the state on or after January 1, 2032, is recyclable in the state or eligible for being labeled “compostable” in accordance with Chapter 5.7 (commencing with Section 42355). (c) Ensure that all plastic covered material offered for sale, distributed, or imported in or into the state achieves the following recycling rates: (1) Not less than 30 percent of covered material on and after January 1, 2028. (2) Not less than 40 percent of covered material on and after January 1, 2030. (3) Not less than 65 percent of covered material on and after January 1, 2032. (Added by Stats. 2022, Ch. 75, Sec. 2. (SB 54) Effective January 1, 2023.)
  126. 42051.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 3. Plastic Pollution Prevention and Packaging Producer Responsibility Act [42040 - 42084] ( Chapter 3 added by Stats. 2022, Ch. 75, Sec. 2. ) ## ARTICLE 2. Producer Responsibility [42050 - 42057] ( Article 2 added by Stats. 2022, Ch. 75, Sec. 2. )

    Verify source ↗

    Producers of covered material must join a PRO by January 1, 2024, and later comply through an approved PRO plan or, in limited cases, through individual compliance.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 3. Plastic Pollution Prevention and Packaging Producer Responsibility Act [42040 - 42084] ( Chapter 3 added by Stats. 2022, Ch. 75, Sec. 2. ) ## ARTICLE 2. Producer Responsibility [42050 - 42057] ( Article 2 added by Stats. 2022, Ch. 75, Sec. 2. ) ## 42051. (a) By January 1, 2024, producers of covered material shall form and join a PRO for the purposes of complying with this chapter. The governing body of the PRO shall submit an application to the department describing how the PRO meets the requirements to be an approved PRO pursuant to this chapter, as described in Section 42061.5. If the department approves the PRO, the PRO shall proceed to carry out the requirements of this chapter. If applications for more than one PRO are submitted to the department by January 1, 2024, the department shall determine which proposed PRO can most effectively implement this chapter. (b) (1) Except as provided in paragraph (2), upon approval of a plan pursuant to Section 42063, or commencing January 1, 2027, whichever is sooner, a producer shall not sell, offer for sale, import, or distribute covered materials in the state unless the producer is approved to participate in the plan of a PRO that is approved by the department for the source reduction, collection, processing, and recycling of covered material to meet the requirements of this chapter. If an entity does not qualify as a producer and is not subject to this chapter before January 1, 2027, but, after January 1, 2027, becomes a producer by beginning to sell, offer for sale, import, or distribute covered material in the state, the producer shall, within six months, become a participant of the PRO and comply with this chapter. (2) (A) Notwithstanding paragraph (1), a producer may comply with this chapter individually without participating in a PRO’s plan if the producer can demonstrate to the department, and the department determines at its sole discretion, that the producer meets all of the following criteria or can demonstrate a recycling rate of 65 percent for three consecutive years prior to January 1, 2027, and on and after that date demonstrates a recycling rate at or over 70 percent annually: (i) From the 2013 calendar year to the 2022 calendar year, inclusive, the producer achieved a net 5 percent or greater source reduction of its covered materials through shifting to refill, reuse, or elimination. (ii) From the 2013 calendar year to the 2022 calendar year, inclusive, the producer achieved a net 8 percent or greater source reduction of its covered materials through optimization, concentration, right-sizing, bulking, shifting to a nonplastic packaging, or lightweighting, or increasing the number of consumer uses. (iii) Seventy-five percent of the producer’s covered material sold, offered for sale, distributed, or imported into the state is in a covered material category that meets a 30-percent recycling rate as of January 1, 2023. (B) A producer who chooses to comply with this chapter individually shall assume individual responsibility for complying with this chapter, including, but not limited to, all of the following: (i) Develop and implement a plan that meets all of the applicable requirements of a producer responsibility plan, including, but not limited to, the review, update, and approval process. The plan shall include a producer source reduction plan that meets all of the applicable requirements of a PRO source reduction plan prepared in accordance with subdivision (d) of Section 42057, including, but not limited to, the review, update, and approval process. (ii) Fully cover the costs associated with implementing this chapter to the same extent as any other producer participating in a PRO based on the producer’s share of covered material. (iii) Annually report sales, recycling, composting, and source reduction data to the department pursuant to Sections 42052 and 42057 in a manner determined by the department. (c) Regardless of whether a producer participates in a PRO plan, each producer in the state shall file its primary business address with the department in a manner prescribed by regulation pursuant to this chapter. Each producer shall notify the department of any change in their business address within 30 days. A PRO may satisfy the requirements of this subdivision on behalf of a producer by including the producer’s primary business address in a plan, update, or annual report pursuant to subparagraph (B) of paragraph (3) of subdivision (a) of Section 42051.3 or otherwise notifying the department of the address and any changes of address. (d) Each participant of a PRO with an approved plan shall comply with the requirements of this chapter. The PRO shall notify the department within 30 calendar days of any of the following: (1) The end of any three-month period in which the PRO unsuccessfully attempted to obtain a fee, records, or information from a participant producer, or received incomplete or incorrect records or information pursuant to Section 42052 or 42053. (2) The date a producer no longer participates in the PRO’s approved plan. (3) Any instance of noncompliance by a participant producer. (e) The PRO may organize itself into subcommittees or some other similar structure, including delineation by covered material category, to ensure sufficient focus on each covered material category to better enable each category to meet the recycling rates required in subdivision (c) of Section 42050. (Amended by Stats. 2023, Ch. 131, Sec. 183. (AB 1754) Effective January 1, 2024.)
  127. 42051.1.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 3. Plastic Pollution Prevention and Packaging Producer Responsibility Act [42040 - 42084] ( Chapter 3 added by Stats. 2022, Ch. 75, Sec. 2. ) ## ARTICLE 2. Producer Responsibility [42050 - 42057] ( Article 2 added by Stats. 2022, Ch. 75, Sec. 2. )

    Verify source ↗

    The producer responsibility plan must meet department regulations and include required plan, budget, fee, reserve, compliance, and closure provisions.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 3. Plastic Pollution Prevention and Packaging Producer Responsibility Act [42040 - 42084] ( Chapter 3 added by Stats. 2022, Ch. 75, Sec. 2. ) ## ARTICLE 2. Producer Responsibility [42050 - 42057] ( Article 2 added by Stats. 2022, Ch. 75, Sec. 2. ) ## 42051.1. (a) As a condition of producer responsibility plan approval, the PRO plan shall comply with the regulations adopted by the department pursuant to Section 42060. The PRO shall submit a plan and budget that includes the provisions necessary for the department to ensure producers covered under the plan comply with this chapter. (b) The plan shall include all of the following: (1) Actions and investments that the PRO will implement in order to meet the requirements of this chapter and address the needs and investments identified in the needs assessment. (2) The source reduction plan required pursuant to Section 42057. For any covered material that is not reasonably anticipated by the PRO to achieve the requirements of this chapter, the PRO shall include in the plan a timeline and actions to discontinue use of the covered material category. (3) Technologies and means that will be utilized to achieve recycling requirements, including demonstration that the means and technologies meet the conditions specified in subdivision (aa) of Section 42041. (c) The plan shall include objective and measurable criteria whenever possible, and describe all of the following: (1) How the PRO will meet the requirements of this chapter, including, but not limited to, how it will, in an economically efficient and practical manner, provide for the necessary infrastructure and viable responsible end markets to ensure the covered material will achieve the requirements of Section 42050 based on the needs assessments. (2) How the PRO will support and achieve, and how the budget will fund, the collection, processing, recycling, or composting of, and the development of viable responsible end markets for, covered materials to meet the requirements of this chapter. This includes, but is not limited to, actions necessary to sort, segregate, break or flake, and process material to specifications for sale to a responsible end market. For purposes of this paragraph, “specifications” means the third-party purchasing specifications issued by a buyer or buyers of recycled materials for reprocessing into a new product. (3) (A) How the plan is supplemental to, and not in conflict with, disruptive of, or adversely affecting, the performance of the solid waste network providing services in accordance with local solid waste handling requirements and the intent described in Section 40004, and how the PRO will leverage and utilize existing collection programs and recycling, composting, sorting, and processing infrastructure. (B) Except as specified in subdivisions (b), (c), (d), and (e) of Section 42060.5, how the plan will be implemented in a manner utilizing solid waste collection programs and solid waste facilities as the designated system for the collection and processing of covered material. (4) In accordance with Section 40059, how the plan and the activities undertaken pursuant to the plan will be implemented in compliance with state and local laws, rules, and regulations applicable to solid waste handling and in a manner that does not violate existing franchise agreements. (5) How covered material will be collected, processed, and managed, and recycled, remanufactured, or composted, consistent with the goals, standards, and practices required by this chapter, including ensuring covered material collected for recycling will be transferred to viable responsible end markets for processing into new packaging or products, including, but not limited to, how the plan will enhance or expand viable responsible end markets in California including manufacturing. (6) Arrangements with processors or recyclers to ensure that covered materials that are not collected through a curbside collection program or other local collection program are collected and recycled at a viable responsible end market, including any investment that will be made to cover the cost of the covered material being processed or recycled by processors or recyclers. (7) Arrangements to establish and fund reuse or refill infrastructure, fund facility retrofits, or other needed infrastructure to eliminate plastic covered material, shift covered material from plastic to a nonplastic covered material category, or any other actions taken, or that will be taken, to implement the source reduction requirements pursuant to Section 42057. (8) How postconsumer recycled content will be incorporated into covered material, including the amounts of postconsumer recycled content. (9) How the plan will be implemented in a manner consistent with the waste hierarchy established in Section 40051. (d) (1) The plan shall include a fee for participants of the PRO consistent with the provisions of Section 42053, set forth the calculation of the fee, and describe the process through which the PRO will collect the fee from producers that are participants of the PRO’s approved plan. (2) The plan shall include a description of the fee structure and a schedule of the fees actually charged to producers who are participants of a PRO’s approved plan. (e) The plan shall include efforts to use education and promotion to encourage proper participation in recycling and composting collection and reuse and refill systems. The PRO shall ensure coordination between these efforts and existing educational and promotional efforts. These may include, but are not limited to, all of the following: (1) Education and engagement to reduce the rate of inbound contamination or unwanted materials. (2) Outreach to obtain consistently high levels of public participation in and use of collection services and reuse and refill systems. (3) Education and engagement with residents on proper recycling, composting, and reuse and refill behaviors. (4) Support for increased statewide and local outreach needed to achieve the plan’s goals. (f) The plan shall include a closure or transfer plan to settle the affairs of the PRO that ensures that producers who are participants of the PRO’s approved plan will continue to meet their obligations in the event of dissolution of the organization or revocation of a plan by the department and that describes a process for notifying the department, the advisory board, local jurisdictions, and any contractors of the dissolution. The closure or transfer plan shall provide for sufficient reserve funds in the trust fund or escrow account established pursuant to Section 42056 to allow the PRO to satisfy all obligations in the event of dissolution of the PRO until the participants of the PRO’s approved plan have become a participant of a different PRO’s approved plan. (g) (1) The plan shall include a process for determining the costs that will be incurred by local jurisdictions, recycling service providers, alternative collection systems, and others under this chapter and shall include a mechanism and schedule for transferring the portion of the fee required by paragraph (7) of subdivision (c) of Section 42053 to local jurisdictions. The PRO shall determine the costs based on information provided by local jurisdictions, recycling service providers, and others under this chapter. Payment of these costs shall be reflected in the budget pursuant to subdivision (j). (2) The plan shall include a process to resolve disputes for determining and paying the reasonable costs pursuant to paragraph (1) that arise between the PRO and a local jurisdiction or a recycling service provider. This process shall be reviewed by the advisory board to ensure the PRO covers costs related to this chapter and shall become effective upon plan approval by the department. (h) The plan shall include the source reduction data specified in subdivision (c) of Section 42057. (i) (1) The plan shall include consideration of the needs assessment and any recommended investments to meet the needs identified in the needs assessments and inform the budget. (2) The budget shall not propose investing in activities in violation of Section 40004 or an agreement entered into pursuant to Section 40059 and shall include a mechanism to disburse funds for identified activities. (3) The budget may include, but shall not be limited to, elements that will accomplish all of the following: (A) Expanding access to or improvement of curbside collection services wherever feasible. (B) Expanding access to dropoff recycling services or other mechanisms where curbside collection services are not feasible, or as necessary in order to supplement curbside collection services to achieve the requirements of this chapter. (C) Expanding access to collection services in public spaces. (D) Providing or facilitating deployment of innovative enhanced collection, composting, and recycling systems and innovative recycling systems within a recycling center or MRF that utilizes advanced technology, such as artificial intelligence and robotics, to improve the identification and sorting of covered materials, where feasible. (E) Creation of on-premises access to recycling or composting services for multifamily residences. (F) Funding, providing, or facilitating the efficient transport of materials from remote or rural areas to centralized sorting facilities, brokers, or viable responsible end markets. (G) Enhancing existing materials recycling or composting infrastructure by developing a quality incentive payment, grants, and other mechanisms sufficient to cover the cost of separating, processing, baling, recycling, composting, remanufacturing, and transporting desired materials that meet viable responsible end market quality specifications, or for reducing the rate of inbound contamination to composting facilities. (H) Infrastructure or other mechanisms needed to implement a source reduction plan, including, but not limited to, investments in reuse, refill, and composting infrastructure. (I) Infrastructure or other activities needed to achieve recycling rates for all covered material under the plan and ensure covered material is recyclable or compostable. (4) In developing the budget, the PRO may delineate investments the PRO will make based on covered material categories. (j) (1) The plan shall include a budget designed to fully fund the costs necessary to implement this chapter. The budget shall include, but not be limited to, fully funding the plan and all other costs associated with implementing the plan, including, but not limited to, all of the following: (A) Actions and investments identified in the plan to fund the budget and needs and investments identified in the needs assessments. (B) Costs associated with this chapter incurred by local jurisdictions, recycling service providers, and other collection programs, and costs related to consumer outreach and education; the transportation of covered materials to a materials recovery facility, broker, or viable responsible end market; cleaning, sorting, aggregating, and baling covered materials as necessary to bring those materials to a viable responsible end market; waste stream sampling and reporting required by this chapter for local governments; costs incurred to educate ratepayers to improve the preparation and sorting of covered material; and improvements to collection, sorting, decontamination, remanufacturing, and other infrastructure necessary to achieve recycling rates. These costs include costs related to both curbside and noncurbside collection programs and may be varied based on population density, distance to a viable responsible end market, and other relevant factors. (C) Reimbursing costs incurred by the department and the California Department of Tax and Fee Administration. (D) Administering the PRO. (E) Environmental mitigation activities associated with Section 42064. (F) Investments to develop and sustain viable responsible end markets for each covered material category. (G) Other investments necessary to implement the plan and achieve the source reduction, recyclability and compostability, recycling rate, and other requirements of this chapter, including, but not limited to, ensuring that plan implementation avoids and minimizes negative environmental or public health impacts on disadvantaged or low-income communities or rural areas. (H) If reasonable and able to be discretely directed, funding derived from a material type may be spent on investments needed for that specific material type. (2) A producer or PRO shall not expend revenue collected for implementation of the plan for any of the following purposes: (A) To pay an administrative civil penalty pursuant to Section 42081. (B) To pay costs associated with litigation between the producer or organization and the state. (C) To compensate a person whose position is primarily representing the PRO relative to the passage, defeat, approval, or modification of legislation that is being considered by a local, state, or federal government body, nor shall the PRO use or permit the use of these funds for paid advertisement 30 calendar days prior to or during a legislative session for the purposes of encouraging the passage, defeat, approval, or modification of legislation that is being considered, or was considered during the previous legislative session. (D) To subsidize, incentivize, or otherwise support incineration, engineered municipal solid waste conversion, the production of energy or fuels, except for fuels produced using anaerobic digestion of source separated organic materials, or other disposal activities. (3) (A) A PRO shall not maintain total program reserves exceeding 60 percent of its annual operating expenses, consistent with the requirements of the Financial Accounting Standards Board’s Accounting Standards Update 2016-14, Not-for-Profit Entities (Topic 958), and any future updates to that standard. (B) The department, in approving the annual PRO budget, may authorize the total reserves to be increased to up to 75 percent of the PRO’s annual operating expenses if the department determines the increase is necessary to implement the requirements of this chapter. (C) If a PRO’s reserves exceed the amount specified in subparagraph (A) or (B), the department may require the PRO or a participant producer to increase spending on implementing the requirements of this chapter. (k) Consistent with subdivision (l), as part of the plan, the PRO or a participant producer may rely on a range of means to collect and recycle or compost various categories of covered materials that are not collected and recycled or composted through a curbside collection program or other local collection program, including, but not limited to, dropoff recycling services and retailer take-back. (l) (1) A plan shall include curbside recycling and composting collection for covered materials under any of the following circumstances: (A) The category of covered materials can be made suitable for curbside collection and can be effectively sorted by the facilities receiving the curbside collected material for recycling or composting. (B) The recycling facility providing processing and sorting service, in consultation with the local jurisdiction, agrees to include the category of covered materials as an accepted material for recycling or composting and agrees to collect and sort the material in a manner that achieves the quality necessary for recycling and remanufacturing or composting. (C) The provider of the curbside collection and recycling or composting service agrees to the costs arrangement. (2) If a MRF chooses to send material to another sorting facility for additional sorting and recycling of covered materials, the PRO shall provide the initial MRF a rebate based on criteria the PRO shall develop to cover transportation costs of the covered materials provided the covered material is free of toxic or hazardous materials. (m) The plan shall include specific measures to ensure that producers participating in the plan comply with the requirements of the plan and this chapter. Those measures shall include, at a minimum, all of the following elements: (1) Adequate incentives for compliance, including, but not limited to, fees for failing to provide accurate and timely information required to be provided to the PRO or otherwise materially violating requirements of the plan or this chapter. Notwithstanding the PRO’s assessment of a fee, the department may take enforcement action pursuant to Article 5 (commencing with Section 42080) against individual producers or the PRO in violation of this chapter. (2) Protocols to ensure that the PRO becomes aware, within a reasonable time, of producers’ violations of the requirements of the plan or this chapter. (3) Criteria for determining when a producer’s performance merits terminating the producer’s participation in the PRO’s plan, and a process for making that determination. (4) Record maintenance protocols requiring the PRO to maintain records sufficient to demonstrate whether each producer participating in the plan has complied with the requirements of the plan and this chapter for at least the previous three years. Those protocols shall ensure that all records remain reasonably accessible by the department upon request. (5) The plan shall include the specific data information required under subdivision (c) of Section 42057. (n) The PRO shall ensure that the plan implementation avoids or minimizes negative environmental or public health impacts on disadvantaged or low-income communities or rural areas and vulnerable communities outside the state. (Amended by Stats. 2023, Ch. 848, Sec. 6. (AB 1526) Effective January 1, 2024.)
  128. 42051.2.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 3. Plastic Pollution Prevention and Packaging Producer Responsibility Act [42040 - 42084] ( Chapter 3 added by Stats. 2022, Ch. 75, Sec. 2. ) ## ARTICLE 2. Producer Responsibility [42050 - 42057] ( Article 2 added by Stats. 2022, Ch. 75, Sec. 2. )

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    The PRO must submit its plan to the advisory board first, then to the department, meet comment and resubmission deadlines, and implement approved plans on time.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 3. Plastic Pollution Prevention and Packaging Producer Responsibility Act [42040 - 42084] ( Chapter 3 added by Stats. 2022, Ch. 75, Sec. 2. ) ## ARTICLE 2. Producer Responsibility [42050 - 42057] ( Article 2 added by Stats. 2022, Ch. 75, Sec. 2. ) ## 42051.2. (a) Before submitting the plan to the department for approval, the PRO shall submit a proposed plan to the advisory board for review and comment pursuant to subdivision (h) of Section 42070. The advisory board may provide written comments within 60 calendar days. The PRO shall consider the comments, along with any public comments, and may incorporate these comments into the plan. (b) (1) The PRO shall submit the plan to the department with revisions, if any, in response to comments by the advisory board or public within 120 calendar days of receipt of the advisory board’s comments. (2) The department shall review the plan for compliance with this chapter. Within 90 calendar days of receipt of the plan from the PRO, the department shall, in accordance with Section 42063, respond with an approval, disapproval, conditional approval, request for additional information, or timeline for a decision on approval or disapproval. (3) If the department conditionally approves the plan pursuant to paragraph (2), the department shall explain, in writing, how the plan or parts of the plan does not comply with this chapter, and the PRO shall ensure the conditions are met and resubmit a revised plan within 12 months. (4) If the department disapproves the plan pursuant to paragraph (2), the department shall explain, in writing, how the plan does not comply with this chapter, and the PRO shall resubmit a plan to the department. If the department finds that the plan resubmitted by the PRO does not comply with the requirements of this chapter, the PRO shall not be deemed in compliance with this chapter until the organization submits a plan that the department finds complies with the requirements of this chapter. (5) The approved plan shall be a public record, except that financial, production, or sales data reported to the department by the PRO is not a public record for purposes of the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) and shall not be open to public inspection. The department shall release financial, production, or sales data in summary form only so the information cannot be attributable to a specific producer, retailer, or wholesaler, or to any other entity. (c) Within 90 calendar days after approval or conditional approval of the plan by the department, the PRO shall implement the approved plan and post the plan on the PRO’s internet website. (d) (1) Except as provided in subdivision (e), a plan approved by the department under this section is valid for five years. (2) No less than 180 calendar days before a plan’s five-year expiration date, the PRO shall submit a proposed updated plan to be reviewed by the advisory board and approved by the department for an additional five years. An updated plan submitted for approval under this paragraph shall satisfy the requirements of this chapter, including Section 42051.1, and describe any changes from the previously approved plan. The department may allow for an extension of a previously approved plan until a plan submitted under this paragraph is approved or rejected. (e) (1) An amendment to the plan that modifies actions to meet the obligations set forth in Section 42050, modifies the setting and collection of fees, changes the implementation of this chapter with respect to costs incurred by local governments or recycling service providers, or changes the funding of costs to implement the plan, including costs to source reduce covered material, shall not be made to an approved plan unless the proposed amendment is submitted to the advisory board for comment, and approved by the department. That submission and review shall be conducted according to the same process set forth in subdivision (d). (2) The department’s rejection or revocation of a plan or plan amendment submitted for approval under this section does not relieve the PRO or a participant producer from its obligations pursuant to the previously approved plan or the requirements of this chapter. (3) The submission of a plan amendment for approval under this section does not relieve the PRO or a participant producer from its obligations pursuant to the approved plan prior to action by the department on the plan amendment. (4) The department may approve or disapprove a proposed plan amendment based on a determination of whether the amendment is sufficient to result in actions reasonably likely to meet the requirements of this chapter. (Added by Stats. 2022, Ch. 75, Sec. 2. (SB 54) Effective January 1, 2023.)
  129. 42051.3.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 3. Plastic Pollution Prevention and Packaging Producer Responsibility Act [42040 - 42084] ( Chapter 3 added by Stats. 2022, Ch. 75, Sec. 2. ) ## ARTICLE 2. Producer Responsibility [42050 - 42057] ( Article 2 added by Stats. 2022, Ch. 75, Sec. 2. )

    Verify source ↗

    A PRO must file an annual report and budget with the department and publish them online, and the department must review the report on a set schedule.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 3. Plastic Pollution Prevention and Packaging Producer Responsibility Act [42040 - 42084] ( Chapter 3 added by Stats. 2022, Ch. 75, Sec. 2. ) ## ARTICLE 2. Producer Responsibility [42050 - 42057] ( Article 2 added by Stats. 2022, Ch. 75, Sec. 2. ) ## 42051.3. (a) (1) A PRO shall annually submit to the department and make publicly available on its internet website an annual report and budget that describes how the PRO is implementing the approved plan and how the PRO has complied with the requirements of this chapter and its implementing regulations. (2) The annual report shall describe in detail progress made toward meeting or exceeding the requirements in Section 42050 and shall include an evaluation of whether the PRO is reasonably likely to meet those requirements. If the PRO is not reasonably likely to meet those requirements, the PRO shall submit to the department an amendment to the plan to include additional measures to be implemented to ensure the requirements are met. (3) The annual report shall include all of the following: (A) The PRO’s cost and revenues, including an updated budget and any updates to the fee schedule necessary to ensure the revenues are sufficient to cover the full costs of implementing this chapter in the upcoming year. (B) An updated list of the names and contact information of each participant of the plan. (C) A description of outreach efforts and education to consumers. (D) A report on activities the PRO has taken to implement each provision of the plan, including, but not limited to, all of the following: (i) A description of the methods used to collect, transport, process, and recycle or compost covered material. (ii) The recycling technologies and means that will be utilized to achieve recycling requirements, including demonstration that the means and technologies meet the conditions specified in subdivision (aa) of Section 42041. (iii) Progress made in meeting source reduction goals. (iv) Current recycling rates and progress made in meeting recycling rates and any investments made to achieve recycling rate requirements. (E) The source reduction data specified in subdivision (c) of Section 42057. (b) (1) Within 90 calendar days of receiving an annual report, the department shall, in accordance with Section 42063, review the report and notify the PRO of any deficiencies in the annual report. No later than 60 calendar days after receiving this notice from the department, the PRO shall provide additional information, modifications, or corrections in response to the department’s notification. (2) Within 90 calendar days of receipt of an annual report deemed complete, the department shall review the report for compliance with this chapter and shall approve, disapprove, or conditionally approve the annual report. As part of this review, the department shall evaluate the annual report to determine whether the PRO, in light of its implementation of the plan and any amendments or pending amendments to the plan pursuant to paragraph (1) of subdivision (e) of Section 42051.2, is reasonably likely to meet the requirements of the plan and this chapter. (3) (A) If the department conditionally approves or disapproves the annual report, the PRO shall resubmit a revised annual report addressing the department’s written reasons for its decision within 30 calendar days of the conditional approval or disapproval. (B) The department, within 60 calendar days from the date a PRO resubmits a revised annual report, shall approve or disapprove a final annual report. (4) If the department disapproves a revised annual report submitted pursuant to subparagraph (A) of paragraph (3), the PRO may submit only one additional final annual report, subject to review in accordance with subparagraph (B) of paragraph (3), which shall include the revisions necessary for approval by the department. (5) If a PRO fails to submit an annual report that obtains approval by the department, the department may deem the PRO no longer in compliance with this chapter. (Added by Stats. 2022, Ch. 75, Sec. 2. (SB 54) Effective January 1, 2023.)
  130. 42052.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 3. Plastic Pollution Prevention and Packaging Producer Responsibility Act [42040 - 42084] ( Chapter 3 added by Stats. 2022, Ch. 75, Sec. 2. ) ## ARTICLE 2. Producer Responsibility [42050 - 42057] ( Article 2 added by Stats. 2022, Ch. 75, Sec. 2. )

    Verify source ↗

    A PRO must register in the department’s reporting system and submit required annual data for each participating producer. Producers or PROs must also respond to department data requests within 14 calendar days, keep required records, and the PRO must keep producer information confidential.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 3. Plastic Pollution Prevention and Packaging Producer Responsibility Act [42040 - 42084] ( Chapter 3 added by Stats. 2022, Ch. 75, Sec. 2. ) ## ARTICLE 2. Producer Responsibility [42050 - 42057] ( Article 2 added by Stats. 2022, Ch. 75, Sec. 2. ) ## 42052. (a) A PRO shall register in the department’s Recycling and Disposal Reporting System, or an alternative reporting system established by the department, and annually submit to the system all of the following information on behalf of each producer who participates in the PRO’s approved plan: (1) The aggregate quantities in total weight and the number of plastic components of covered material, by covered material category and by type of plastic component, manufactured, sold, distributed, or imported in or into the state, as the department deems necessary to determine compliance with this chapter in a form, manner, and frequency determined by the department pursuant to paragraph (2) of subdivision (a) of Section 42060. (2) The aggregate quantities in total weight and number of plastic components, of covered material by covered material category recycled as the department deems necessary to determine compliance with this chapter in a form and manner determined by the department pursuant to paragraph (2) of subdivision (a) of Section 42060. (3) For covered material not collected through a curbside collection program, the PRO shall collect, validate, and submit to the system data demonstrating take-back and dropoff and alternative collection and recycling program performance, including the amount and type of covered materials collected. (4) Any additional information deemed necessary by the department to collect and report data pursuant to subdivision (a) of Section 42060. (b) A PRO shall not require a producer who is a participant of the PRO’s approved plan to report to the PRO covered materials that the producer is required to report pursuant to another PRO’s plan or to another department-authorized stewardship organization’s plan, or that the producer directly reports to the department. (c) A producer or PRO shall respond within 14 calendar days to a request by the department for additional data. The department may grant additional time for responding that shall not exceed 60 calendar days. To determine if an extension of time is warranted, the department shall take into account, at a minimum, all of the following considerations: (1) The amount of data requested. (2) Whether the producer or PRO has the data readily available. (3) Whether the data is necessary to ensure compliance with Section 42050. (4) Whether the producer or PRO needs to obtain the data from a third party. (5) The producer’s or PRO’s timely compliance with any previous data requests. (d) A producer or PRO shall maintain records of covered materials offered for sale, sold, distributed, or imported in or into the state in a form and manner established by the department that the department determines is necessary to determine if a producer is in compliance with this chapter during an audit. (e) Data provided by producers and collected under this section shall only be used by the PRO for the purposes of this chapter. The PRO shall consider all information provided to it by producers in compliance with this chapter to be confidential and shall not disclose the information to other producers or the public or allow the use of the information for commercial purposes. This section does not prohibit the PRO from providing data requested by the department or from releasing aggregated data that does not identify data in connection with a specific responsible entity. (f) A PRO shall provide contact information for any of the PRO’s registered participants to the department upon request. (Amended (as added by Stats. 2022, Ch. 75, Sec. 2) by Stats. 2022, Ch. 574, Sec. 26. (AB 211) Effective September 27, 2022.)
  131. 42053.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 3. Plastic Pollution Prevention and Packaging Producer Responsibility Act [42040 - 42084] ( Chapter 3 added by Stats. 2022, Ch. 75, Sec. 2. ) ## ARTICLE 2. Producer Responsibility [42050 - 42057] ( Article 2 added by Stats. 2022, Ch. 75, Sec. 2. )

    Verify source ↗

    A PRO must set participant fees, keep them sufficient to fund the plan, and update fee schedules at least yearly. Producers in an approved PRO plan must pay the fee and provide records on request, and the fee may not be itemized separately to consumers.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 3. Plastic Pollution Prevention and Packaging Producer Responsibility Act [42040 - 42084] ( Chapter 3 added by Stats. 2022, Ch. 75, Sec. 2. ) ## ARTICLE 2. Producer Responsibility [42050 - 42057] ( Article 2 added by Stats. 2022, Ch. 75, Sec. 2. ) ## 42053. (a) (1) As part of its producer responsibility plan pursuant to Section 42051.1, a PRO shall establish a fee for its participants sufficient to ensure the requirements of this chapter are met by the PRO and the plan is fully implemented. The fee shall be based on a fee schedule to be developed by the PRO pursuant to subdivision (c). Development of the fee schedule shall ensure that the PRO budget included in the plan is fully funded. The fee shall not be passed on to consumers as a separate item on a receipt or invoice. (2) The PRO shall adjust any fee schedules at least every year or more frequently if needed in order to fully cover the expenses in the approved budget. (3) A producer that is a participant of a PRO’s approved plan shall pay the fee required by this section and, upon request, provide the PRO with records or other information necessary for the PRO to meet the PRO’s requirements under this chapter. (b) During the first two years of operation and during the preparation of the plan developed pursuant to Section 42051.1, the PRO shall determine the fee schedule for each producer based on estimated costs of implementing the plan, operating costs, the cost of completing the needs assessment, and the costs to reimburse the department. In the third year and each successive year of operation, each producer shall pay an annual fee as established in the PRO plan based on the factors described in subdivision (d). (c) The fee schedule required pursuant to subdivision (a) shall include all of the following: (1) Individual assessments imposed on a producer due to unique characteristics of their covered material, as described in subdivision (d). (2) Any adjustments pursuant to subdivision (e). (3) The California circular economy administrative fee. (4) Reimbursing the department for costs to administer the advisory board. (5) Any fees associated with environmental mitigation activities associated with Section 42064. (6) The costs of the PRO, including, but not limited to, staff and the costs associated with the development and implementation of the producer responsibility plan. (7) Any other costs described in subdivision (j) of Section 42051.1. (d) A PRO shall structure the fee schedule required pursuant to subdivision (a), delineated by covered material category and based on the following factors: (1) The costs to ensure each covered material category meets the requirements of this chapter. Covered material that is easier and less expensive to recycle or compost or that is designed to be recycled into a similar covered material or a material that is easier to be composted shall be subject to lower fees. The costs may include all of the following: (A) Costs to develop and sustain viable responsible end markets for each covered material category. (B) Costs to collect, sort, avoid or remove contamination, aggregate, and transport the covered material into defined streams to support the viable responsible end markets for the remanufacturing of the covered material either through curbside collection or other means. (C) Costs incurred by local jurisdictions or recycling service providers to process and transport covered materials in a manner and quality sufficient for acceptance by viable responsible end markets. This includes costs incurred by local jurisdictions or recycling service providers to reduce or mitigate the rate of inbound contamination by noncertified compostable products at composting facilities. These costs may vary by local jurisdiction. (D) Other costs necessary to implement the plan and achieve the source reduction, recyclability and compostability, recycling rate, and other requirements of this chapter, including, but not limited to, ensuring that plan implementation avoids and minimizes negative environmental or public health impacts on disadvantaged or low-income communities or rural areas. (E) Costs incurred by local jurisdictions or recycling service providers for any waste stream sampling and reporting required by this chapter and for any costs incurred to educate ratepayers to improve the preparation and sorting, as needed, of covered material. (2) If recycling or composting of the covered material is made more difficult by the incorporation of specific elements, including, but not limited to, inks, labels, and adhesives that may be detrimental to recycling or composting according to the Association of Plastic Recyclers design guide or other relevant industry association, or criteria established by the department, the fee for that covered material shall be sufficient to account for the increased cost to manage that covered material. (3) The commodity value of the covered material based on an independent index or the reported commodity value of materials of equivalent quality of the covered material. (4) Costs incurred by the PRO to assist producers to meet the source reduction requirements pursuant to Section 42057. (e) The fee required pursuant to subdivision (a) shall be adjusted using malus fees or credits for participant producers, with those adjustments based on any of the following, as applicable: (1) The percentage of postconsumer recycled content in the participant producer’s covered materials. The percentage of postconsumer recycled content shall be validated through an independent third party approved by the department to perform validation services to ensure that the percentage exceeds the minimum requirements for the covered material, as long as the recycled content does not disrupt the potential for future recycling. (2) Source reduction related to right-sizing, optimization, and bulking of packaging, or concentrating the product packaged to reduce packaging. (3) Standardization of packaging materials that simplifies the processing, marketing, sorting, and recycling or composting of covered materials. (4) Presence of hazardous material as identified by the Office of Environmental Health Hazard Assessment, the Department of Toxic Substances Control, or the department. (5) Actions taken by the producer, including clear and accurate disposal, recycling or composting, or reuse and refill labeling and instructions, that comply with Chapter 5.7 (commencing with Section 42355), including paragraph (6) of subdivision (d) of Section 42355.51, that improve consumer behavior related to sorting and proper disposal. (6) Actions taken by the producer to accelerate source reduction and to invest in sustained and robust reuse and refill systems. The PRO may create a mechanism to allow producers to receive a credit for achieving source reduction beyond what producers of similar covered material are achieving. The revenue for that credit shall be paid for by charging producers not achieving source reduction for similar products a malus fee. (7) Plastic covered materials derived from renewable materials shall be subject to a reduced fee relative to plastic covered material derived from a nonrenewable material. (8) Certified compostable covered materials that do not contain toxic additives shall be subject to a reduced fee, as determined by the PRO. (9) Covered material that contains toxic heavy metals, pathogens, or additives shall be subject to an increased fee. (f) In addition to the annual schedule of fees approved in the plan, the PRO fee schedule may include a special assessment, charged to the participant producers of a particular covered material category, to be imposed on that particular category of covered material at the request of those producers if the nature of the covered material imposes unusual costs in collection or processing or requires special actions to address effective access to recycling, composting, or successful processing. The revenue from the special assessment shall be used to make system improvements for the specific covered materials or products on which the special assessment was applied. (g) Fees paid to the PRO pursuant to subdivision (a) shall be used to implement the plan and fund the budget. (Amended by Stats. 2023, Ch. 848, Sec. 7. (AB 1526) Effective January 1, 2024.)
  132. 42053.5.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 3. Plastic Pollution Prevention and Packaging Producer Responsibility Act [42040 - 42084] ( Chapter 3 added by Stats. 2022, Ch. 75, Sec. 2. ) ## ARTICLE 2. Producer Responsibility [42050 - 42057] ( Article 2 added by Stats. 2022, Ch. 75, Sec. 2. )

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    A PRO must pay the California circular economy administrative fee to the department on the schedule set out here, and the department must set, deposit, and limit use of the fee money.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 3. Plastic Pollution Prevention and Packaging Producer Responsibility Act [42040 - 42084] ( Chapter 3 added by Stats. 2022, Ch. 75, Sec. 2. ) ## ARTICLE 2. Producer Responsibility [42050 - 42057] ( Article 2 added by Stats. 2022, Ch. 75, Sec. 2. ) ## 42053.5. (a) (1) On or before the end of the 2026–27 fiscal year, and once every three months thereafter, a PRO shall pay to the department the California circular economy administrative fee. The department shall set the fee at an amount adequate to cover the department’s and any other state agency’s full costs of implementing and enforcing this chapter. The total amount of fees collected shall not exceed the state’s actual and reasonable costs to implement and enforce this chapter. These costs may include the actual and reasonable costs associated with regulatory activities pursuant to this chapter before submission of producer responsibility plans pursuant to Section 42051.1 and annual reports pursuant to Section 42051.3. (2) For a PRO, the administrative fee paid pursuant to paragraph (1) shall be funded by the producers that make up the PRO. (b) The department shall deposit administrative fees paid by a PRO pursuant to subdivision (a) into the California Circular Economy Fund, which is hereby established in the State Treasury. Upon appropriation by the Legislature, moneys in the fund may be expended by the department for the department’s activities pursuant to this chapter and to reimburse any outstanding loans made from other funds used to finance the initial costs of the department’s activities pursuant to this chapter. Moneys in the fund shall not be expended for any purpose not enumerated in this chapter. (Added by Stats. 2022, Ch. 75, Sec. 2. (SB 54) Effective January 1, 2023.)
  133. 42054.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 3. Plastic Pollution Prevention and Packaging Producer Responsibility Act [42040 - 42084] ( Chapter 3 added by Stats. 2022, Ch. 75, Sec. 2. ) ## ARTICLE 2. Producer Responsibility [42050 - 42057] ( Article 2 added by Stats. 2022, Ch. 75, Sec. 2. )

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    A PRO must keep records, have its books audited annually at its own expense, and provide the audit to the department; the department may also do its own audit.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 3. Plastic Pollution Prevention and Packaging Producer Responsibility Act [42040 - 42084] ( Chapter 3 added by Stats. 2022, Ch. 75, Sec. 2. ) ## ARTICLE 2. Producer Responsibility [42050 - 42057] ( Article 2 added by Stats. 2022, Ch. 75, Sec. 2. ) ## 42054. (a) A PRO shall keep minutes, books, and records that clearly reflect the activities and transactions of the PRO. (b) The accounting books of the PRO shall be audited at least once per calendar year at the PRO’s expense by an independent public accountant certified in the United States and retained by the PRO. (c) The PRO shall provide the audit to the department with the annual report required pursuant to Section 42051.3. The department shall review the audit for compliance with this chapter and consistency with the plan adopted pursuant to Section 42051.1 and shall post the audit publicly on its internet website. The department shall notify the PRO of any compliance issues or inconsistencies. (d) (1) The department may conduct its own audit. (2) The PRO shall reimburse the department for the costs of the department’s audit. (3) The PRO may obtain copies of the department’s audit upon request. (e) The department shall hold its audit confidentially to the extent described in subdivision (e) of Section 42080. (Added by Stats. 2022, Ch. 75, Sec. 2. (SB 54) Effective January 1, 2023.)
  134. 42055.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 3. Plastic Pollution Prevention and Packaging Producer Responsibility Act [42040 - 42084] ( Chapter 3 added by Stats. 2022, Ch. 75, Sec. 2. ) ## ARTICLE 2. Producer Responsibility [42050 - 42057] ( Article 2 added by Stats. 2022, Ch. 75, Sec. 2. )

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    Certain actions by a PRO or its participants are exempt from violation of specified competition laws, unless subdivision (c) applies.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 3. Plastic Pollution Prevention and Packaging Producer Responsibility Act [42040 - 42084] ( Chapter 3 added by Stats. 2022, Ch. 75, Sec. 2. ) ## ARTICLE 2. Producer Responsibility [42050 - 42057] ( Article 2 added by Stats. 2022, Ch. 75, Sec. 2. ) ## 42055. (a) Except as provided in subdivision (c), an action specified in subdivision (b) that is taken by a PRO or its participants is not a violation of the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), the Unfair Practices Act (Chapter 4 (commencing with Section 17000) of Part 2 of Division 7 of the Business and Professions Code), or the Unfair Competition Law (Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code). (b) Subdivision (a) shall apply to all of the following actions taken by a PRO or its participants: (1) The creation, implementation, or management of a plan approved by the department pursuant to this chapter and the types or quantities of covered material managed pursuant to an approved plan. (2) The cost and structure of an approved plan. (3) The establishment, administration, collection, or disbursement of any fees associated with funding the implementation of this chapter. (c) Subdivision (a) shall not apply to an agreement that does any of the following: (1) Fixes a price of or for covered material, except for an agreement related to costs or fees associated with participation in a plan approved or conditionally approved by the department and otherwise in accordance with this chapter. (2) Fixes the output or production of covered material. (3) Restricts the geographic area in which, or customers to whom, covered material will be sold, or where or by whom covered material may be purchased. (Added by Stats. 2022, Ch. 75, Sec. 2. (SB 54) Effective January 1, 2023.)
  135. 42056.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 3. Plastic Pollution Prevention and Packaging Producer Responsibility Act [42040 - 42084] ( Chapter 3 added by Stats. 2022, Ch. 75, Sec. 2. ) ## ARTICLE 2. Producer Responsibility [42050 - 42057] ( Article 2 added by Stats. 2022, Ch. 75, Sec. 2. )

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    A PRO must create and fund a California trust or escrow account for unexpended funds, and the trustee/escrow agent must follow department directions if the plan ends or is revoked.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 3. Plastic Pollution Prevention and Packaging Producer Responsibility Act [42040 - 42084] ( Chapter 3 added by Stats. 2022, Ch. 75, Sec. 2. ) ## ARTICLE 2. Producer Responsibility [42050 - 42057] ( Article 2 added by Stats. 2022, Ch. 75, Sec. 2. ) ## 42056. (a) A PRO, as part of its producer responsibility plan, shall set up a trust fund or an escrow account in California, into which it shall deposit all unexpended funds for use in accordance with this section if the plan terminates or is revoked or the PRO dissolves in accordance with the closure or transfer plan required pursuant to subdivision (f) of Section 42051.1. (b) If a plan terminates or is revoked, the trustee or escrow agent of a trust fund or escrow account set up pursuant to subdivision (a) shall do both of the following, starting within 30 calendar days: (1) Accept payments directly from producers into the trust fund or escrow account that would have been made to the PRO before the plan’s termination or revocation. (2) Make payments from the trust fund or escrow account as the department shall direct, in writing, to implement the most recently approved plan. (c) If a new plan has not been approved by the department within one year after termination or revocation, the department may make modifications to the previously approved plan, as it deems necessary, and continue to direct payments from the trust fund or escrow account in accordance with paragraph (2) of subdivision (b) to implement the modified plan. (d) A trustee or escrow agent in possession of PRO funds shall, as directed by the department, transfer those funds to a successor PRO with an approved plan. (Added by Stats. 2022, Ch. 75, Sec. 2. (SB 54) Effective January 1, 2023.)
  136. 42057.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 3. Plastic Pollution Prevention and Packaging Producer Responsibility Act [42040 - 42084] ( Chapter 3 added by Stats. 2022, Ch. 75, Sec. 2. ) ## ARTICLE 2. Producer Responsibility [42050 - 42057] ( Article 2 added by Stats. 2022, Ch. 75, Sec. 2. )

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    The PRO must create and carry out a plan to reduce plastic-covered material, and producers in the PRO must submit source-reduction plans and data.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 3. Plastic Pollution Prevention and Packaging Producer Responsibility Act [42040 - 42084] ( Chapter 3 added by Stats. 2022, Ch. 75, Sec. 2. ) ## ARTICLE 2. Producer Responsibility [42050 - 42057] ( Article 2 added by Stats. 2022, Ch. 75, Sec. 2. ) ## 42057. (a) (1) By January 1, 2032, a PRO acting on behalf of participants of the PRO’s approved plan shall develop and implement a plan to achieve the 25-percent reduction by weight and 25 percent by plastic component source reduction requirement for covered material sold, offered for sale, or distributed in the state. The PRO shall establish enforceable agreements with each of its approved plan participants to implement this section. (2) Source reduction shall be achieved by a PRO in the following manner: (A) At least 10 percent of the plastic covered material sold, offered for sale, or distributed in the state by its participant producers shall be source reduced through shifting a plastic covered material to refillable or reusable packaging or food service ware or through eliminating a plastic component. (B) (i) The remaining source reduction of the plastic covered material sold, offered for sale, or distributed in the state by its participant producers not achieved pursuant to subparagraph (A) shall be source reduced through concentration, right-sizing, lightweighting, or shifting to bulk or large format packaging that allows consumers to refill home or commercial reusable containers, or shifting from a plastic covered material to a nonplastic covered material. No more than 8 percent of the plastic covered material sold, offered for sale, or distributed in the state by its participant producers shall be source reduced through an alternative compliance formula developed by the PRO, subject to approval by the department, that offers source reduction credit on a sliding scale based on the ratio of virgin plastic to postconsumer recycled content plastic to producers who incorporate postconsumer recycled content into plastic covered material. A producer shall only receive this alternative source reduction credit if the postconsumer recycled content is able to be validated and is validated by a third party, such as the Association of Plastic Recyclers, through its APR Postconsumer Resin Certification Program, or a similar third party approved by the department, and the content does not contain intentionally added perfluoroalkyl and polyfluoroalkyl substances. (ii) The resulting source reduction of each action taken to optimize, eliminate, right-size, concentrate, shift to bulk or large format packaging, or switch to a nonplastic covered material shall be counted once for the purposes of meeting the source reduction requirements. (C) By January 1, 2027, the PRO shall source reduce no less than 10 percent of plastic covered material sold, offered for sale, or distributed in the state by its participant producers, with no less than 2 percent of plastic covered material sold, offered for sale, or distributed in the state by its participant producers source reduced through shifting to reusable or refillable packaging and food service ware systems. (D) By January 1, 2030, the PRO shall source reduce no less than 20 percent of plastic covered material sold, offered for sale, or distributed in the state by its participant producers, with no less than 4 percent of plastic covered material sold, offered for sale, or distributed in the state by its participant producers source reduced through shifting to reusable or refillable packaging and food service ware systems. (b) By January 1, 2025, the department shall establish a baseline for the 25-percent reduction required in subdivision (a) based on the amount of plastic covered material, including the number of products packaged in covered material, that was sold, offered for sale, or distributed in the state in the 2023 calendar year. (c) As part of any producer responsibility plan, plan update, or annual report submitted to the department, the PRO shall report the following data, disaggregated by each participant producer: (1) The amount of plastic covered material and products sold in plastic covered material, including the number of plastic components and weight of plastic covered material, sold, offered for sale, or distributed in the state. (2) The number of plastic components and the weight of plastic covered material shifted to a refillable or reusable packaging or food service ware. (3) The number of plastic components and the weight of plastic covered material eliminated. (4) The number of plastic components and the weight of plastic covered material shifted from a plastic covered material to a nonplastic covered material. (5) The number of plastic components and the weight of plastic covered material reduced through concentration, right-sizing, and shifting to bulk or large format packaging that allows consumers to refill home or commercial reusable containers. (6) The amount of postconsumer recycled content used compared to virgin plastic in covered material. (d) Producers who are members of the PRO shall submit to the PRO individual source reduction plans that include both of the following: (1) In the first individual producer source reduction plan, the producer shall include any amount of covered material, by number of plastic components and weight of covered material, the producer source reduced since January 1, 2013. (2) The amount of plastic covered material, by number of plastic components and weight of plastic covered material, the producer plans to source reduce by January 1, 2027, January 1, 2030, and January 1, 2032. The producer shall describe how much will be source reduced in each of the following ways: (A) The number of plastic components and the weight of plastic covered material shifted to a refillable or reusable package. (B) The number of plastic components and the weight of plastic covered material eliminated. (C) The number of plastic components and the weight of plastic covered material shifted from a plastic covered material to a nonplastic material. (D) The number of plastic components and the weight of covered material source reduced through concentration, right-sizing, lightweighting, and shifting to bulk or large format packaging that allows consumers to refill home or commercial reusable containers. (E) The amount of postconsumer recycled content used compared to virgin plastic in covered material. (e) The PRO shall require producers that are participants of the PRO’s approved plan to submit to the PRO the data necessary for the PRO to report the information required pursuant to subdivisions (c) and (d). (f) As part of the producer responsibility plan, the PRO shall include a source reduction plan designed to meet the requirements of this section. The source reduction plan shall be disaggregated based on the individual producer source reduction plans and shall meet both of the following requirements: (1) In the source reduction plan, the PRO shall give producers credit for source reduction achieved from the 2013 calendar year to the 2022 calendar year, inclusive. This amount shall not count toward the requirements of subdivision (a). Allocation of this amount, and the requirement for the PRO source reduction plan to meet the requirements of subdivision (a), may require the PRO to require a producer to revise its individual producer source reduction plan. (2) The PRO may identify material types in the source reduction plan that face significant recycling or end market challenges and would require significant investment to bring into compliance with this chapter by January 1, 2032. Switching an entire identified covered material category to a reusable, refillable, or nonplastic alternative shall be considered source reduction for the purpose of subdivision (a). The PRO may report this source reduction in an aggregated form. (g) To ensure equity in the market, the PRO shall require a producer with a covered material new to the producer subsequent to the approval of the PRO to optimize packaging and not include unnecessary covered material. The PRO shall assess a malus fee on any producer with a new covered material that is not optimized, as determined by the PRO and approved by the department pursuant to subdivision (j) of Section 42051.1. (h) To ensure source reductions achieved by January 1, 2032, are not lost after January 1, 2032, while still allowing for businesses to grow, the department shall, beginning in the 2030 calendar year and every five years thereafter, conduct an evaluation of the plastic covered material subject to this section to determine if actions to secure greater source reductions are necessary. If the number of plastic components or weight of plastic covered material has increased, the department shall make this determination. If the department determines that there has been an increase in the number of plastic components or the overall weight of plastic covered material, the department shall take the following actions to secure greater source reductions: (1) Require the PRO to ensure participant producers increase the rate of source reduction through shifting a plastic covered material to reusable or refillable packaging or food service ware or through eliminating plastic components. In requiring these higher source reduction rates, the department shall consider all of the following: (A) The feasibility of increased source reduction rates, as determined by evaluating consumer adoption and acceptance, potential impacts to food safety, and infrastructure availability. (B) The use of postconsumer recycled content. (C) The degree to which reuse and refill infrastructure investments were made to improve consumer convenience and adoption. (D) Examples of reuse and refill systems and elimination requirements in other jurisdictions. (E) Reductions achieved through the other tools implemented by the PRO, including fees and required optimization. (F) The percentage of growth in the number of plastic components and the overall weight of covered material. (2) Determine if new packaging types are optimized and, if not, develop optimization requirements through regulations. (i) Producers of expanded polystyrene food service ware shall not sell, offer for sale, distribute, or import in or into the state expanded polystyrene food service ware unless the producer demonstrates to the department that all expanded polystyrene meets the following recycling rates: (1) Not less than 25 percent on and after January 1, 2025. (2) Not less than 30 percent on and after January 1, 2028. (3) Not less than 50 percent on and after January 1, 2030. (4) Not less than 65 percent on and after January 1, 2032, and annually thereafter. (j) The department may adopt regulations to implement this section, including, but not limited to, reporting and collection requirements. (Amended by Stats. 2023, Ch. 131, Sec. 186. (AB 1754) Effective January 1, 2024.)
  137. 42060.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 3. Plastic Pollution Prevention and Packaging Producer Responsibility Act [42040 - 42084] ( Chapter 3 added by Stats. 2022, Ch. 75, Sec. 2. ) ## ARTICLE 3. Program Administration [42060 - 42067] ( Article 3 added by Stats. 2022, Ch. 75, Sec. 2. )

    Verify source ↗

    The department must adopt regulations by January 1, 2025 to implement and enforce this chapter, including reporting, registration, funding, exemptions, and confidentiality rules.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 3. Plastic Pollution Prevention and Packaging Producer Responsibility Act [42040 - 42084] ( Chapter 3 added by Stats. 2022, Ch. 75, Sec. 2. ) ## ARTICLE 3. Program Administration [42060 - 42067] ( Article 3 added by Stats. 2022, Ch. 75, Sec. 2. ) ## 42060. (a) By January 1, 2025, the department shall adopt regulations necessary to implement and enforce this chapter and to ensure that the requirements of this chapter and in particular the requirements established in Section 42050 and the policy goal established in Section 41780.01 as it relates to covered material are met. The regulations shall include, but not be limited to, all of the following: (1) Any regulations necessary to ensure the PRO fully funds plan implementation, including fully funding the budget. This shall include the costs incurred by a local jurisdiction or a local jurisdiction’s recycling service providers to implement this chapter, including, but not limited to, the cost of consumer education and of collection, including the cost of containers where relevant, as well as the processing, storage, and transportation of covered materials. Costs may vary based on population density or other relevant factors and shall allow local jurisdictions to protect ratepayers from increased costs associated with the processing and marketing of covered material. (2) (A) Establish a mandatory process for producers, retailers, and wholesalers, or a PRO operating on behalf of a producer, retailer, or wholesaler, to register with and report to the department. (B) The process shall include establishing appropriate timelines to begin regular reporting following the adoption of the regulations. The department shall consider, along with any other factors the department deems appropriate, the amount of information being reported in developing the timelines. (C) (i) Data requests by the department shall be consistent with the covered material categories established and posted on the department’s internet website pursuant to subdivision (a) of Section 42061. (ii) To the maximum extent feasible, the department shall seek to use records and information that the local jurisdiction, producer, retailer, wholesaler, or PRO already maintains, in order to minimize the burden imposed by the reporting and recordkeeping requirements while still enabling the department to determine compliance with this chapter. (D) The department shall, to the extent feasible, make the reporting consistent with other recognized third-party reporting systems used by producers or other packaging extended producer responsibility programs. (E) Market-sensitive trade secret data received by the department pursuant to this chapter shall be held confidentially by the department as required by Section 40062 and any implementing regulations, provided that the furnisher of the data complies with the requirements set forth in subdivision (b) of Section 40062 and any implementing regulations for identifying the information claimed to be a trade secret. (F) The department shall create an online registration form to facilitate submitting reports pursuant to this subdivision. To the extent permissible under applicable law, the department may contract with an independent third-party online reporting system with recognized standards for waste characterization, source reduction, and recycling. (3) (A) The department shall establish a process to identify covered material that, while determined to be single use for purposes of this chapter, presents unique challenges in complying with this chapter. The department may exempt covered material identified pursuant to this subparagraph from this chapter. (B) For any covered material identified as presenting unique challenges and exempted from this chapter under subparagraph (A), the department may at any point develop a plan to phase the covered material into the requirements of this chapter. (4) The department shall establish a process to identify covered material that cannot comply with this chapter for health and safety reasons, or because it is unsafe to recycle. The department may exempt that covered material from this chapter. (5) The department shall establish a process to exempt from the requirements of this chapter, except for the requirements of subdivision (b) of Section 42050, small producers, small retailers, and small wholesalers based on size, revenue, number of retail locations, and market share, as follows: (A) Subject to subparagraph (B), the department shall exempt producers, retailers, or wholesalers that, in the most recent calendar year, had gross sales of less than one million dollars ($1,000,000) in the state. (B) If the department determines that exempting a particular small producer, small retailer, or small wholesaler pursuant to subparagraph (A) would hinder the ability of a type of covered material or covered material category from complying with the requirements of this chapter, the department may determine that the particular small producer, small retailer, or small wholesaler will not be exempted from the requirements of this chapter. (6) (A) The department shall include mechanisms necessary to reduce the amount of covered material entering the environment, in accordance with the regulations adopted pursuant to this section. (B) The department may consider reductions of covered material achieved by a producer before the effective date of the regulations toward a producer’s compliance with this chapter if the producer can demonstrate to the satisfaction of the department that the producer reduced the covered material in a manner consistent with this chapter and actions taken to comply with Chapter 5.5 (commencing with Section 42300). (C) In calculating the reductions necessary to achieve the requirements adopted pursuant to subdivision (a), the department shall consider source reduction achieved pursuant to Section 42057. (7) The department shall establish a process to require coordination between a PRO and producer that is not a participant of the PRO’s approved plan and between multiple PROs as necessary. This includes determining how much each PRO shall charge producers of plastic covered material in order to prorate the funding as necessary to raise the revenue required by Section 42064. (8) The department shall establish a methodology and process to calculate, to the extent feasible, an annual recycling rate defined in subdivision (ab) of Section 42041. (b) (1) The department shall ensure that any regulations adopted pursuant to this chapter consider guidelines and do not conflict with regulations issued by the United States Food and Drug Administration and the United States Department of Agriculture and consider requirements imposed by other California state agencies. (2) Neither the department nor the PRO shall impose any requirement, including, but not limited to, a recycled content requirement, in direct conflict with a federal law or regulation, including, but not limited to, laws or regulations covering tamper-evident packaging pursuant to Section 211.132 of Title 21 of the Code of Federal Regulations, laws or regulations covering child-resistant packaging pursuant to Part 1700 (commencing with Section 1700.1) of Subchapter E of Chapter II of Title 16 of the Code of Federal Regulations, regulations, rules, or guidelines issued by the United States Department of Agriculture or the United States Food and Drug Administration relevant to packaging agricultural commodities, requirements for microbial contamination, structural integrity, or safety of packaging under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 301 et seq.), 21 U.S.C. Sec. 2101 et seq., the federal FDA Food Safety Modernization Act (Public Law 111-353), the federal Poultry Products Inspection Act (21 U.S.C. Sec. 451 et seq.), the Federal Meat Inspection Act (21 U.S.C. Sec. 601 et seq.), or the federal Egg Products Inspection Act (21 U.S.C. Sec. 1031 et seq.). Neither the department nor a PRO shall impose a postconsumer recycled content requirement for covered material for fresh produce. (c) In developing the regulations, the department shall consider relevant information on reduction programs and approaches in other states, localities, and nations, including, but not limited to, the European Union, India, Costa Rica, China, Chile, and Canada, and international standards, including, but not limited to, ISO 18602. (d) In adopting regulations pursuant to this section, the department shall ensure the regulations, and activities conducted in accordance with the regulations, avoid or minimize disproportionate impacts to disadvantaged or low-income communities or rural areas. (Amended by Stats. 2023, Ch. 131, Sec. 187. (AB 1754) Effective January 1, 2024.)
  138. 42060.5.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 3. Plastic Pollution Prevention and Packaging Producer Responsibility Act [42040 - 42084] ( Chapter 3 added by Stats. 2022, Ch. 75, Sec. 2. ) ## ARTICLE 3. Program Administration [42060 - 42067] ( Article 3 added by Stats. 2022, Ch. 75, Sec. 2. )

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    Local jurisdictions and recycling service providers must include listed covered materials in their collection and recycling programs, subject to stated exceptions.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 3. Plastic Pollution Prevention and Packaging Producer Responsibility Act [42040 - 42084] ( Chapter 3 added by Stats. 2022, Ch. 75, Sec. 2. ) ## ARTICLE 3. Program Administration [42060 - 42067] ( Article 3 added by Stats. 2022, Ch. 75, Sec. 2. ) ## 42060.5. (a) Except as provided in subdivisions (b), (c), (d), and (e), all local jurisdictions or recycling service providers shall include in their collection and recycling programs all covered material contained on the lists published pursuant to subdivisions (c) and (d) of Section 42061. This section does not authorize the department to require mandatory route collection service where it does not already exist. This section shall not limit a local jurisdiction from collecting additional materials for recycling or composting. (b) The department shall grant an extension of, or exemption from, a requirement of subdivision (a) upon a written showing by the local jurisdiction or recycling service provider that compliance with the requirement is not practicable for a specific identified covered material because of specific local conditions, circumstances, or challenges. If the PRO objects to the extension or exemption, the PRO shall be responsible for arranging alternative means for the collection, processing, storage, and transportation of covered materials resulting from implementing this chapter. The department shall review a granted extension or exemption every two years, and may renew the extension or exemption after that review. An exemption or extension for a local jurisdiction or recycling service provider does not in any way relieve a producer or PRO from meeting the requirements of this chapter. (c) A county board of supervisors of a rural county or a rural jurisdiction, as those terms are defined in Section 42649.8, may adopt a resolution to exempt the rural county or rural jurisdiction from the requirements of this section. If a rural jurisdiction is a regional agency composed of jurisdictions that are located entirely within one or more rural counties, the board of the regional agency may adopt a resolution, as prescribed in this subdivision, to exempt the rural jurisdiction from the requirements of this section. An exemption for a rural county or a rural jurisdiction does not in any way relieve a producer or PRO from meeting the requirements of this chapter. (d) A local jurisdiction or recycling service provider shall not be required to collect material for recycling or composting on the lists published pursuant to subdivisions (c) and (d) of Section 42061 that does not meet the criteria described in subdivision (l) of Section 42051.1 and is collected and recycled or composted by means other than curbside collection in a producer responsibility plan. (e) A local jurisdiction shall not be required to collect a material category that is subject to an ordinance passed by the local jurisdiction prohibiting the sale or distribution of that covered material in the local jurisdiction before the publication of the lists of recyclable or compostable material pursuant to subdivisions (c) and (d) of Section 42061. (Amended by Stats. 2023, Ch. 131, Sec. 188. (AB 1754) Effective January 1, 2024.)
  139. 42061.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 3. Plastic Pollution Prevention and Packaging Producer Responsibility Act [42040 - 42084] ( Chapter 3 added by Stats. 2022, Ch. 75, Sec. 2. ) ## ARTICLE 3. Program Administration [42060 - 42067] ( Article 3 added by Stats. 2022, Ch. 75, Sec. 2. )

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    The department must publish and update lists and studies about covered material categories, recycling rates, and compostability, and it must report to the Legislature by certain dates.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 3. Plastic Pollution Prevention and Packaging Producer Responsibility Act [42040 - 42084] ( Chapter 3 added by Stats. 2022, Ch. 75, Sec. 2. ) ## ARTICLE 3. Program Administration [42060 - 42067] ( Article 3 added by Stats. 2022, Ch. 75, Sec. 2. ) ## 42061. The department shall do all of the following: (a) (1) By July 1, 2024, the department shall establish and post on its internet website a list of covered material categories. The department may consider material types and forms referenced in waste characterization studies or material characterization studies for determining the categories. (2) The department shall conduct and publish on its internet website a characterization study of covered material categories that are disposed of in California landfills. The department’s activities pursuant to this paragraph, including the department’s determination of the appropriate facilities to include in the study, are exempt from Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (3) (A) For the department’s first material characterization study conducted pursuant to paragraph (2), which the department shall complete on or before July 1, 2025, the department shall conduct disposal-based characterization studies to determine the approximate amount of covered material disposed of in California landfills. (B) The department shall, on or before January 1, 2024, report to the Legislature in compliance with Section 9795 of the Government Code on the status of material types relative to the requirements in subparagraphs (A) and (B) of paragraph (2) of subdivision (d) of Section 42355.51. When updating information pursuant to clause (ii) of subparagraph (B) of paragraph (1) of subdivision (d) of Section 42355.51, the department may identify materials that are trending toward meeting the requirements in subparagraphs (A) and (B) of paragraph (2) of subdivision (d) of Section 42355.51 and measurable increase of statewide collection and sorting rates through either statewide recycling programs or alternative programs, such as take-back systems, and for which the continued increase in the collection, sorting, and viable responsible end market development the department determines will be disrupted by a loss of a recyclable designation. Those material types and forms shall be considered recyclable in the state and may be labeled as recyclable, notwithstanding subparagraphs (A) and (B) of paragraph (2) of subdivision (d) of Section 42355.51, so long as the material types and forms satisfy subparagraphs (A) to (D), inclusive, of paragraph (3) of subdivision (d) of Section 42355.51 and until the material types and forms are a part of, and in compliance with, a program described in paragraph (6) of subdivision (d) of Section 42355.51. (4) The department shall update the material characterization study required pursuant to this subdivision in 2028, 2030, 2032, and at least every four years thereafter. (5) Notwithstanding paragraphs (2) and (3), the department may publish additional information that was not available at the time of the most recent periodic material characterization study regarding the appropriate characterization of material types and forms. (6) For purposes of studying a representative sample of material types and forms in the state, within 90 calendar days of a department request, a transfer, processing, or recycling facility shall allow for periodic sampling conducted by a designated representative of the department on a mutually agreed upon date and time. The department shall not require a periodic sampling of a transfer, processing, or recycling facility if that facility was sampled during the previous 24 months. (7) For each material characterization study conducted pursuant to this subdivision, the department shall publish on its internet website the preliminary findings of the study and conduct a public meeting to present the preliminary findings and receive public comments. The public meeting shall occur at least 30 calendar days after the department publishes the preliminary findings. After receiving and considering public comments, and within 60 calendar days of the public meeting, the department shall finalize and publish on its internet website the findings of the study. (b) (1) By January 1, 2026, the department shall calculate and publish on its internet website the current recycling rates being achieved in the state for each covered material category. These recycling rates shall be deemed to meet the description in subdivision (g) of Section 11340.9 of the Government Code and may be filed by the Office of Administrative Law, at the request of the department, pursuant to Section 11343.8 of the Government Code. (2) In determining a recycling rate, the department may consider data gathered pursuant to any of the following, including any amendments thereto: (A) Chapter 746 of the Statutes of 2015. (B) Chapter 6 (commencing with Section 42370). (C) Chapter 395 of the Statutes of 2016. (D) Chapter 5.5 (commencing with Section 42300). (E) Division 12.1 (commencing with Section 14500). (F) Chapter 5.7. (commencing with Section 42355). (G) Data voluntarily provided by local jurisdictions. (H) Data and information received from producers. (I) Any other relevant data and information received by the department. (c) By January 1, 2024, the department shall publish on its internet website a list of covered material categories that are, based on available collection and processing infrastructure and recycling markets, deemed recyclable as of January 1, 2024. Covered material is deemed recyclable if it meets the requirements of Section 17989.2 of Title 14 of the California Code of Regulations, as that section existed on January 1, 2023, and Section 42355.51. The list shall include covered material categories identified by the department and considered recyclable pursuant to subdivision (d) of Section 42355.51. (d) By January 1, 2024, the department shall create and post on its internet website a list of covered material categories that are deemed compostable as of January 1, 2024. Covered material is deemed compostable if it meets the requirements to be labeled as compostable pursuant to Chapter 5.7 (commencing with Section 42355). (e) The department shall determine a process for updating the lists created pursuant to subdivisions (c) and (d) to either add covered material categories that are deemed to meet all of the criteria in either subdivision (c) or (d) or remove covered material categories if they can no longer be deemed recyclable or compostable pursuant to subdivision (c) or (d). As part of the process, the department shall update the list at least annually until January 1, 2032. After January 1, 2032, the department shall regularly, but no less than once every two years, evaluate the list to determine if it is still accurate and update it as needed. Covered material categories deemed to be recyclable or compostable as of January 1, 2032, and listed pursuant to subdivision (c) or (d) shall be deemed to be compliant with subdivision (b) of Section 42050 until and unless the department determines that the covered material category no longer meets the requirements of subdivision (c) or (d). (f) (1) The department shall determine a process for updating the rates published pursuant to subdivision (b). The department shall update the list at least every two years and shall regularly, but no less than once every two years, evaluate the list of rates to determine whether the rates are still accurate. After evaluation, the department may amend the list to remove, add, or change rates. The department shall post any updates to the list on its internet website. (2) A producer may demonstrate compliance with the rates in subdivision (c) of Section 42050 by submitting to the department evidence that the particular type of covered material meets the applicable recycling rate by reference to a recycling rate on the department’s list or through another mechanism approved by the department. (3) A producer that seeks to have a rate included or changed on the list, or a covered material category added to the list, may be required by the department to submit data for purposes of the department’s determination of the rate to include on the list or the appropriateness of adding the category. (4) Publication of and updates made to the list pursuant to this subdivision are exempt from Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (Amended by Stats. 2023, Ch. 848, Sec. 8. (AB 1526) Effective January 1, 2024.)
  140. 42061.5.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 3. Plastic Pollution Prevention and Packaging Producer Responsibility Act [42040 - 42084] ( Chapter 3 added by Stats. 2022, Ch. 75, Sec. 2. ) ## ARTICLE 3. Program Administration [42060 - 42067] ( Article 3 added by Stats. 2022, Ch. 75, Sec. 2. )

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    The department must approve a PRO that meets the chapter’s requirements, and it may approve additional PROs after January 1, 2031 if the director finds that more than one PRO would help meet the chapter’s requirements.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 3. Plastic Pollution Prevention and Packaging Producer Responsibility Act [42040 - 42084] ( Chapter 3 added by Stats. 2022, Ch. 75, Sec. 2. ) ## ARTICLE 3. Program Administration [42060 - 42067] ( Article 3 added by Stats. 2022, Ch. 75, Sec. 2. ) ## 42061.5. (a) The department shall approve a PRO that meets the requirements of this chapter and both of the following: (1) The PRO has a governing board consisting of producers that represent the diversity of covered material placed in the market by those entities. The governing board shall include nonvoting members with representation of material trade associations and companies if those material types are covered by the organization. (2) The PRO demonstrates that it has adequate financial responsibility and financial controls in place, including fraud prevention measures and an audit schedule, to ensure proper management of funds. (b) After January 1, 2031, upon the determination of the director that an additional PRO would be beneficial in satisfying the requirements of this chapter, the department may approve additional PROs that meet the requirements of this chapter and that meet all of the following requirements: (1) The proposed PRO submits to the department, and agrees to cover the department’s costs to review, a petition to establish a new PRO. (2) The proposed PRO is composed of a sufficient number of producers of a specific covered material or covered material category to jointly comply with the requirements of this chapter. (3) The proposed PRO for a specific covered material or covered material category agrees to cover the costs of all of the provisions of this chapter applicable to the proposed PRO and its participant producers. (4) Producers covered by the proposed PRO for the specific covered material or covered material category agree to cover the prorated funding share associated with environmental mitigation funding under Section 42064, as determined by the department, based on the original PRO’s established cost distribution. (c) In the event that the department determines that a PRO no longer meets the requirements of this chapter, including those set forth in subdivision (a), or fails to implement and administer an approved PRO plan in a manner that effectuates the purposes of this chapter, the department shall revoke its approval of the PRO and, notwithstanding subdivision (b), may approve additional PROs pursuant to subdivision (a). (Added by Stats. 2022, Ch. 75, Sec. 2. (SB 54) Effective January 1, 2023.)
  141. 42062.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 3. Plastic Pollution Prevention and Packaging Producer Responsibility Act [42040 - 42084] ( Chapter 3 added by Stats. 2022, Ch. 75, Sec. 2. ) ## ARTICLE 3. Program Administration [42060 - 42067] ( Article 3 added by Stats. 2022, Ch. 75, Sec. 2. )

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    The department must review recycling-rate data every two years starting in 2026, publish its determination and rationale for public review, and post compliance status on its website. If certain market conditions justify it, the department may raise or lower a covered material category rate, but only within stated limits.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 3. Plastic Pollution Prevention and Packaging Producer Responsibility Act [42040 - 42084] ( Chapter 3 added by Stats. 2022, Ch. 75, Sec. 2. ) ## ARTICLE 3. Program Administration [42060 - 42067] ( Article 3 added by Stats. 2022, Ch. 75, Sec. 2. ) ## 42062. (a) Commencing in the 2026 calendar year, and every two years thereafter, the department shall review, in consultation with the advisory board, relevant data to assess whether the recycling rate established in subdivision (c) of Section 42050 should be adjusted. The department shall make its determination and rationale available for public review. (b) If the department determines pursuant to a review under subdivision (a) that current unforeseen and anomalous market conditions, including, but not limited to, recycling infrastructure conditions, warrant an adjustment to the recycling rates established in subdivision (c) of Section 42050, the department may impose a higher or lower rate for a covered material category subject to both of the following conditions: (1) The rate shall not be adjusted by more than 10 percent of the plastic covered material manufactured for sale, distribution, or import in or into the state for that covered material category. (2) A decreased rate shall be in effect for no more than two years, at which point the rate shall revert to the applicable rate established in subdivision (c) of Section 42050. For an increased rate, the department may determine after each two-year period whether to maintain the increased rate or reduce the increased rate partially or entirely down to the applicable rate established in subdivision (c) of Section 42050. (c) The department shall determine and post on its internet website whether each covered material category recycling rate complies with the rates required pursuant to subdivision (c) of Section 42050 or this section. (Added by Stats. 2022, Ch. 75, Sec. 2. (SB 54) Effective January 1, 2023.)
  142. 42063.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 3. Plastic Pollution Prevention and Packaging Producer Responsibility Act [42040 - 42084] ( Chapter 3 added by Stats. 2022, Ch. 75, Sec. 2. ) ## ARTICLE 3. Program Administration [42060 - 42067] ( Article 3 added by Stats. 2022, Ch. 75, Sec. 2. )

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    The department must review PRO plans, plan amendments, and annual reports within 90 days and may approve, conditionally approve, or reject them.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 3. Plastic Pollution Prevention and Packaging Producer Responsibility Act [42040 - 42084] ( Chapter 3 added by Stats. 2022, Ch. 75, Sec. 2. ) ## ARTICLE 3. Program Administration [42060 - 42067] ( Article 3 added by Stats. 2022, Ch. 75, Sec. 2. ) ## 42063. (a) In accordance with Sections 42051.2 and 42051.3, the department shall review a plan, plan amendment, or annual report submitted by a PRO for compliance with this chapter and shall approve, conditionally approve, or reject the document within 90 calendar days of receipt of the document, or notify the PRO of the timeline for determination if additional time is needed. (b) (1) If the department disapproves a plan, plan amendment, or annual report, the department shall explain, in writing, how the plan, plan amendment, or annual report is noncompliant, and the PRO shall resubmit the plan, plan amendment, or annual report with any additional information, modifications, or corrections to the department within 30 calendar days. (2) If the department finds that the plan, plan amendment, or annual report resubmitted by the PRO still does not comply with the requirements of this section, the department shall direct changes to the document and require the PRO to resubmit the plan, plan amendment, or annual report to the department within 30 calendar days. (3) If the department determines the PRO has not incorporated the changes into the plan, plan amendment, or annual report, the department shall determine the PRO to be out of compliance with this chapter and shall take enforcement action pursuant to Article 5 (commencing with Section 42080). (4) If a PRO’s updated plan, plan amendment, or annual report is rejected by the department, the department may allow the previously approved plan to remain in effect. (c) An approved annual report and approved plan shall be a public record, except that financial, production, or sales data reported to the department by the PRO is not a public record for purposes of the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) and shall not be open to public inspection. The department shall release financial, production, or sales data in summary form so the information cannot be attributable to a specific producer, retailer, or wholesaler, or to any other entity. (Added by Stats. 2022, Ch. 75, Sec. 2. (SB 54) Effective January 1, 2023.)
  143. 42064.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 3. Plastic Pollution Prevention and Packaging Producer Responsibility Act [42040 - 42084] ( Chapter 3 added by Stats. 2022, Ch. 75, Sec. 2. ) ## ARTICLE 3. Program Administration [42060 - 42067] ( Article 3 added by Stats. 2022, Ch. 75, Sec. 2. )

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    This section sets up annual collection and payment rules for the environmental mitigation surcharge, including who pays, when it is due, how it is collected, refund limits, reporting, and the fund it goes into.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 3. Plastic Pollution Prevention and Packaging Producer Responsibility Act [42040 - 42084] ( Chapter 3 added by Stats. 2022, Ch. 75, Sec. 2. ) ## ARTICLE 3. Program Administration [42060 - 42067] ( Article 3 added by Stats. 2022, Ch. 75, Sec. 2. ) ## 42064. (a) (1) The environmental mitigation surcharge imposed by this section shall be collected annually by the California Department of Tax and Fee Administration in accordance with the Fee Collection Procedures Law (Part 30 (commencing with Section 55001) of Division 2 of the Revenue and Taxation Code). For purposes of this chapter, the references in the Fee Collection Procedures Law to “fee” shall include the environmental mitigation surcharge imposed by this section, and references to “feepayer” shall include a person required to pay the environmental mitigation surcharge imposed by this section. (2) Notwithstanding the appeal provisions in the Fee Collection Procedures Law, a determination by the department that a person is required to pay an environmental mitigation surcharge, or a determination by the department regarding the amount of that environmental mitigation surcharge, is subject to review under Section 42064.01 and is not subject to a petition for redetermination by the California Department of Tax and Fee Administration. (3) Notwithstanding the refund provisions in the Fee Collection Procedures Law, the California Department of Tax and Fee Administration shall not accept any claim for refund that is based on the assertion that a determination by the department improperly or erroneously calculated the amount of the environmental mitigation surcharge, or incorrectly determined that the person or entity is subject to the environmental mitigation surcharge, unless that determination has been set aside by the department or a court reviewing the determination of the department. (4) This section shall not prevent, and shall not be construed to prevent, the California Department of Tax and Fee Administration from accepting a claim for refund for an environmental mitigation surcharge or taking action on its own to correct a mistake or clerical error regarding an environmental mitigation surcharge. (b) The annual environmental mitigation surcharge shall be due and payable 30 days from the date of assessment by the California Department of Tax and Fee Administration. Notwithstanding Article 1.1 (commencing with Section 55050) of Chapter 3 of Part 30 of Division 2 of the Revenue and Taxation Code, the environmental mitigation surcharge shall be remitted by electronic funds transfer to the California Department of Tax and Fee Administration. (c) (1) On or before March 1, 2027, and each March 1 thereafter, the department shall annually transmit to the California Department of Tax and Fee Administration the appropriate name and address of each person who is liable for the environmental mitigation surcharge under this section and the amount of the environmental mitigation surcharge to be assessed, and at the same time shall provide to the California Department of Tax and Fee Administration a contact number for the department to be printed on the notice of determination to respond to questions about the environmental mitigation surcharge. (2) The California Department of Tax and Fee Administration shall mail the notice of determination to each person identified by the department pursuant to paragraph (1) on or before 90 days after receipt of the information required by paragraph (1). (d) The California Plastic Pollution Mitigation Fund is hereby established in the State Treasury. The California Plastic Pollution Mitigation Fund shall consist of all environmental mitigation surcharges, interest, penalties, and other amounts collected and paid to the California Department of Tax and Fee Administration pursuant to this section, less payments of refunds and reimbursements to the California Department of Tax and Fee Administration for expenses incurred in the administration and collection of the environmental mitigation surcharges imposed by this section. (e) (1) Commencing in the 2027 calendar year, and annually thereafter, a PRO shall pay an environmental mitigation surcharge of five hundred million dollars ($500,000,000) each year, as assessed by the California Department of Tax and Fee Administration, and remit that amount to the California Department of Tax and Fee Administration each year to be deposited into the California Plastic Pollution Mitigation Fund. (2) (A) The PRO may collect up to one hundred fifty million dollars ($150,000,000) from plastic resin manufacturers who sell plastic covered material to producers who are participants of the PRO. (B) The PRO may require its participants to provide to the PRO a list of plastic resin manufacturers who sell plastic for use in covered material to the participants. (C) If the PRO does not collect all or any of the one hundred fifty million dollars ($150,000,000) from plastic resin manufacturers, the PRO is still responsible for the total remittance specified in paragraph (2). (f) The PRO shall establish and impose on its participants who produce plastic covered material subject to Section 42057 an environmental mitigation surcharge in the amount necessary to remit the moneys pursuant to subdivision (a) based on each producer’s market share of plastic covered material, accounting for both number of plastic components and weight. (g) Moneys in the California Plastic Pollution Mitigation Fund shall not be expended for obligations imposed on any party by any law other than this section or to cover costs identified in a needs assessment. (h) (1) For producers that are not participants of a PRO’s approved plan, the department shall determine the amount of the environmental mitigation surcharge the producer shall pay based on both the number and weight of plastic covered material the producer offers for sale, sells, distributes, or imports in or into the state. (2) Commencing in the 2027 calendar year, and annually thereafter, a producer not in a PRO shall pay an environmental mitigation surcharge in the amount determined by the department, as assessed by the California Department of Tax and Fee Administration each year to be deposited into the California Plastic Pollution Mitigation Fund. (i) In the 2030 calendar year, the department shall determine whether the environmental mitigation surcharge imposed pursuant to this section should be increased based on the evaluation conducted pursuant to subdivision (h) of Section 42057. If that evaluation finds a change in the overall number of plastic components or weight of plastic covered material in the state, the department shall adjust, through regulation, the amount of the environmental mitigation surcharge a PRO collects in proportion to that change. A PRO shall conform the surcharge imposed on its participant producers to the adjusted amount of the environmental mitigation surcharge established by the department. (j) (1) Upon appropriation by the Legislature, 40 percent of the moneys in the California Plastic Pollution Mitigation Fund shall be expended by the Department of Fish and Wildlife, the Wildlife Conservation Board, the State Coastal Conservancy, the California Coastal Commission, the Ocean Protection Council, the Department of Parks and Recreation, the Natural Resources Agency, and the California Environmental Protection Agency to monitor and reduce the environmental impacts of plastics on terrestrial, aquatic, and marine life and human health, including to restore, recover, and protect the natural environment. (2) At least 50 percent of the funds appropriated pursuant to paragraph (1) shall provide benefits to residents living in a disadvantaged or low-income community or rural area. (3) Moneys appropriated pursuant to paragraph (1) may be used to support grants for tribes, nongovernmental organizations, community-based organizations, land trusts, and local jurisdictions. (k) (1) Upon appropriation by the Legislature, 60 percent of the moneys in the California Plastic Pollution Mitigation Fund shall be expended by the Strategic Growth Council, the California Environmental Protection Agency, the Natural Resources Agency, and the Department of Justice to monitor and reduce the historical and current environmental justice and public health impacts of plastics, including to mitigate the historical and current impact of plastics on disadvantaged or low-income communities or rural areas. (2) Of the moneys appropriated pursuant to paragraph (1), 75 percent shall directly and primarily benefit residents living in disadvantaged or low-income communities. (3) Moneys appropriated pursuant to paragraph (1) may be used to support grants to local jurisdictions, tribes, nongovernmental organizations, and community-based organizations. (l) Moneys appropriated from the California Plastic Pollution Mitigation Fund pursuant to subdivisions (j) and (k) shall be used to increase and enhance the activities described in subdivisions (j) and (k) and shall not replace or reduce allocation of any other funding for those purposes. Accordingly, General Fund or Greenhouse Gas Reduction Fund appropriations to the Department of Fish and Wildlife, the California Coastal Conservancy, the California Coastal Commission, the Wildlife Conservation Board, the Ocean Protection Council, the Department of Parks and Recreation, the Strategic Growth Council, the Department of Justice, the California Environmental Protection Agency, and the Natural Resources Agency shall not be reduced below the levels provided in the Budget Act of 2019 (Chapter 23 of Statutes of 2019). (m) Each agency or department receiving funding under this section shall, notwithstanding Section 9795 of the Government Code, provide an annual report to the relevant budget committees of the Legislature on how the funding will be used, progress toward mitigation goals, and relevant details and outcomes from third parties who may be provided funding by the agency or department for mitigation purposes. (n) This section shall remain in effect only until January 1, 2037, and as of that date is repealed. (Amended by Stats. 2023, Ch. 848, Sec. 9. (AB 1526) Effective January 1, 2024. Repealed as of January 1, 2037, by its own provisions.)
  144. 42064.01.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 3. Plastic Pollution Prevention and Packaging Producer Responsibility Act [42040 - 42084] ( Chapter 3 added by Stats. 2022, Ch. 75, Sec. 2. ) ## ARTICLE 3. Program Administration [42060 - 42067] ( Article 3 added by Stats. 2022, Ch. 75, Sec. 2. )

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    A person assessed the environmental mitigation surcharge may ask the department to redetermine whether the chapter applies, and the department must handle the petition and related notices in writing.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 3. Plastic Pollution Prevention and Packaging Producer Responsibility Act [42040 - 42084] ( Chapter 3 added by Stats. 2022, Ch. 75, Sec. 2. ) ## ARTICLE 3. Program Administration [42060 - 42067] ( Article 3 added by Stats. 2022, Ch. 75, Sec. 2. ) ## 42064.01. (a) A person from whom the environmental mitigation surcharge imposed pursuant to Section 42064 is determined to be due by that section may petition for a redetermination of whether this chapter applies to that person within 30 days after service upon them of a notice of the determination. If a petition for redetermination is not filed within the 30-day period, the amount determined to be due becomes final at the expiration of the 30-day period. (b) A petition for redetermination of the application of this section or Section 42064 shall be in writing and be sent to the department or its designee. The petition shall state the specific grounds upon which the petition is founded and include supporting documentation. The petition may be amended to state additional grounds or provide additional documentation at any time prior to the date that the department issues its order or decision with regard to the petition for redetermination. (c) If a petition for redetermination of the application of this section or Section 42064 is filed within the 30-day period, the department shall reconsider whether the environmental mitigation surcharge is due and make a determination in writing. The department may eliminate the environmental mitigation surcharge based on a determination that this section or Section 42064 does not apply to the person who filed the petition. (d) The department shall provide to the California Department of Tax and Fee Administration notice and the result of each petition for redetermination or claim for refund, including the filing date, reporting periods, amount of the environmental mitigation surcharge involved, and details necessary for the California Department of Tax and Fee Administration to perform refund or collection duties. (e) If a timely petition for redetermination has been filed pursuant to subdivision (a), all legal action to collect the environmental mitigation surcharge imposed pursuant to Section 42064 shall be stayed pending the final determination of the department pursuant to subdivision (g). (f) Notice of the determination of the department pursuant to subdivision (c) shall be served on the same date to the petitioner and the California Department of Tax and Fee Administration. (g) The order or decision of the department upon a petition for redetermination of the environmental mitigation surcharge shall become final 30 days after service upon the petitioner of notice of the determination. (h) The environmental mitigation surcharge imposed pursuant to Section 42064 determined to be due by the department pursuant to this section is due and payable at the time it becomes final, and if it is not paid when due and payable, the penalty imposed pursuant to Section 55086 of the Revenue and Taxation Code shall be applied. (i) Written notice required by this section shall be served as follows: (1) The notice shall be placed in a sealed envelope, with postage paid, addressed to the petitioner at the petitioner’s address as it appears in the records of the department. The giving of notice shall be deemed complete at the time of the deposit of the notice in a United States Post Office, or a mailbox, subpost office, substation, mail chute, or other facility regularly maintained or provided by the United States Postal Service without extension of time for any reason. (2) In lieu of mailing, a notice may be served personally by delivering it to the person to be served and service shall be deemed complete at the time of delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action. (j) A dispute regarding the environmental mitigation surcharge imposed pursuant to Section 42064 shall be resolved pursuant to this section only. (k) If the department determines that a person is entitled to a refund of all or part of the environmental mitigation surcharge imposed pursuant to Section 42064, the person shall make a claim to the California Department of Tax and Fee Administration pursuant to Chapter 5 (commencing with Section 55221) of Part 30 of Division 2 of the Revenue and Taxation Code. (Amended by Stats. 2023, Ch. 848, Sec. 10. (AB 1526) Effective January 1, 2024.)
  145. 42065.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 3. Plastic Pollution Prevention and Packaging Producer Responsibility Act [42040 - 42084] ( Chapter 3 added by Stats. 2022, Ch. 75, Sec. 2. ) ## ARTICLE 3. Program Administration [42060 - 42067] ( Article 3 added by Stats. 2022, Ch. 75, Sec. 2. )

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    The department must report to the Legislature every two years on progress implementing this chapter, and must submit that report by January 1 of each odd-numbered year.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 3. Plastic Pollution Prevention and Packaging Producer Responsibility Act [42040 - 42084] ( Chapter 3 added by Stats. 2022, Ch. 75, Sec. 2. ) ## ARTICLE 3. Program Administration [42060 - 42067] ( Article 3 added by Stats. 2022, Ch. 75, Sec. 2. ) ## 42065. (a) The department shall report to the Legislature every two years its progress in implementing this chapter, including, but not limited to, a description of efforts to adopt regulations under subdivision (a) of Section 42060 and whether PROs are on track to meet the requirements contained in those regulations and the PRO plan. Notwithstanding Section 9795 of the Government Code, the report shall be submitted to the relevant policy and budget committees of the Legislature by January 1 of each odd-numbered year. (b) If a national recycling PRO and producer responsibility plan is implemented that is similar to the PRO and plan established under this chapter, the department shall review, evaluate, and compare the national PRO and producer responsibility plan and the PRO and plan established under this chapter. Notwithstanding Section 9795 of the Government Code, the department shall submit a report to the relevant policy and budget committees of the Legislature with any related recommended changes to this chapter. (Added by Stats. 2022, Ch. 75, Sec. 2. (SB 54) Effective January 1, 2023.)
  146. 42067.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 3. Plastic Pollution Prevention and Packaging Producer Responsibility Act [42040 - 42084] ( Chapter 3 added by Stats. 2022, Ch. 75, Sec. 2. ) ## ARTICLE 3. Program Administration [42060 - 42067] ( Article 3 added by Stats. 2022, Ch. 75, Sec. 2. )

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    The department must prepare statewide needs assessments for covered materials, update them at least every five years, and work with the PRO and local jurisdictions; the PRO must pay the department’s costs.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 3. Plastic Pollution Prevention and Packaging Producer Responsibility Act [42040 - 42084] ( Chapter 3 added by Stats. 2022, Ch. 75, Sec. 2. ) ## ARTICLE 3. Program Administration [42060 - 42067] ( Article 3 added by Stats. 2022, Ch. 75, Sec. 2. ) ## 42067. (a) The department shall prepare one or more initial statewide needs assessments designed to determine the necessary steps and investment needed for covered material, by covered material category, to achieve the requirements of this chapter. Needs assessments, or components thereof, shall be updated every five years or as necessary to ensure the requirements of this chapter are met. An initial needs assessment for specific covered material shall be completed before the completion and approval of any producer responsibility plan that includes that covered material. The department may select an independent third-party contractor to complete the needs assessment. The department or the third-party contractor shall consult with the PRO and local jurisdictions when developing the needs assessment. (b) The PRO shall reimburse the department for the cost of developing any needs assessment and any update to a needs assessment. (c) The department may prepare either several needs assessments, with each assessment specific to one or more covered materials subject to this chapter, or may prepare one comprehensive needs assessment that includes all covered material subject to this chapter. (d) The department shall guide development of a needs assessment, which shall be developed in collaboration with the PRO and a broad diversity of local jurisdictions, recycling service providers, and processors that reflect the different needs and challenges faced by urban, suburban, and rural communities and a variety of different population densities and socioeconomic perspectives and that choose to participate in the development of a needs assessment. (e) A needs assessment shall comply with all of the following: (1) Be designed to inform the PRO budget and PRO plan. (2) Include an evaluation of all of the following with respect to covered materials and covered material categories: (A) Existing state statutory provisions and funding sources related to market development and financial incentives to help achieve the state’s goals related to recycling, composting, reuse, reduction, and recovery. (B) The current recycling, composting, collection, and hauling system in the state and the expanded access and additional recycling or composting options needed for enhancements to the system. (C) The existing access to on-premises recycling and composting for multifamily residences, and the need to expand that access. (D) The processing capacity and infrastructure in the state and regionally and the ability for innovative and advanced technologies such as artificial intelligence and robotics to improve that capacity. (E) Current market conditions and the need to create viable responsible end markets in the state and regionally. (F) Consumer education needs for recycling, composting, reuse, and reduction. (G) Funding needs and actions necessary to achieve the requirements of this chapter, including payments to recyclers, market incentive payments, or other payments necessary to achieve the requirements of this chapter. (H) Actions and investments necessary to provide sufficient access to collection, recycling, composting, processing, and transportation to viable responsible end markets. (I) An evaluation of the availability or lack of availability of markets for recycled covered material, the need to incentivize recycled or composted material market development, and the associated investments and actions needed to ensure that the covered materials are recycled or composted and have viable and sufficient responsible end markets to meet the requirements of Section 42050. (J) Factors contributing to contamination and actions and investments needed to avoid contamination and improve recycled and composted material in order to ensure the material meets quality requirements for remanufacturing. (K) Availability of responsible end markets and mechanisms to identify and expand responsible end markets. The evaluation shall include identification of measures to avoid and minimize environmental and public health impacts on communities where recycling occurs. (3) Include an evaluation of all of the following with respect to covered material: (A) The needs associated with shifting packaging or food service ware from a covered material category that is unlikely to develop sustained viable responsible end markets to a covered material category that either has a viable responsible end market or is likely to develop a sustained viable responsible end market. (B) Actions and investments necessary to improve covered material design to improve recyclability and compostability. (C) Funding needed to implement the source reduction requirements established in Section 42057, including, but not limited to, investments needed to develop reuse and refill infrastructure and to provide consumers with convenient access to that infrastructure to grow and market the use of reusable and refillable packaging and food service ware. (D) An evaluation of integrating innovative and advanced technologies throughout a MRF that utilize artificial intelligence to improve data collection in order to identify, categorize, and track the disposition of covered materials throughout the recycling process. (E) An evaluation of actions and investments that would be effective in achieving source reduction requirements. (4) The needs assessment shall not propose investing in activities contrary to the intent described in Section 40004 or in violation of an agreement entered into pursuant to Section 40059 and shall include a mechanism to disburse funds for identified activities. (5) The needs assessment may include, but shall not be limited to, elements that will accomplish all of the following: (A) Expanding access to or improvement of curbside collection services wherever feasible. (B) Expanding access to dropoff recycling services or other mechanisms where curbside collection services are not feasible, or as necessary in order to supplement curbside collection services to achieve the requirements of this chapter. (C) Expanding access to collection services in public spaces. (D) Providing or facilitating deployment of innovative enhanced collection, composting, and recycling systems and innovative recycling systems within a recycling center or MRF that utilizes advanced technology, such as artificial intelligence and robotics, to improve the identification and sorting of covered materials, where feasible. (E) An evaluation of actions and investments that would be effective in achieving source reduction requirements. (F) Creation of on-premises access to recycling or composting services for multifamily residences. (G) Funding, providing, or facilitating the efficient transport of materials from remote or rural areas to centralized sorting facilities, brokers, or viable responsible end markets. (H) Enhancing existing materials recycling or composting infrastructure by developing a quality incentive payment, grants, and other mechanisms sufficient to cover the cost of separating, processing, baling, recycling, composting, remanufacturing, and transporting desired materials that meet viable responsible end market quality specifications, or for reducing the rate of inbound contamination to composting facilities. (I) Infrastructure or other mechanisms needed to implement a source reduction plan, including, but not limited to, investments in reuse, refill, and composting infrastructure. (J) Infrastructure or other activities needed to achieve recycling rates for all covered material under the plan and ensure covered material is recyclable or compostable. (f) (1) The initial needs assessment, and any updates, shall be submitted to the advisory board. (2) Development of a needs assessment by the department pursuant to this section is exempt from Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (g) The initial needs assessment, and any updates, shall be developed through a public process including at least one public meeting at which the department provides the PRO, the advisory board, and any interested members of the public the opportunity for input. (Amended by Stats. 2023, Ch. 848, Sec. 11. (AB 1526) Effective January 1, 2024.)
  147. 42070.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 3. Plastic Pollution Prevention and Packaging Producer Responsibility Act [42040 - 42084] ( Chapter 3 added by Stats. 2022, Ch. 75, Sec. 2. ) ## ARTICLE 4. Producer Responsibility Advisory Board [42070- 42070.] ( Article 4 added by Stats. 2022, Ch. 75, Sec. 2. )

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    The department must create a producer responsibility advisory board, and the director must appoint its members.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 3. Plastic Pollution Prevention and Packaging Producer Responsibility Act [42040 - 42084] ( Chapter 3 added by Stats. 2022, Ch. 75, Sec. 2. ) ## ARTICLE 4. Producer Responsibility Advisory Board [42070- 42070.] ( Article 4 added by Stats. 2022, Ch. 75, Sec. 2. ) ## 42070. (a) In implementing this chapter, the department shall establish a producer responsibility advisory board for the purpose of identifying barriers and solutions to creating a circular economy consistent with this chapter and advising the department, producers, and producer responsibility organizations in the implementation of this chapter. The advisory board shall be composed of 13 voting and 3 nonvoting members as provided in the following categories, who shall be appointed by the director: (1) One representative nominated by a statewide city association. (2) One representative nominated by a statewide rural county association. (3) One representative from an environmental protection organization. (4) One representative from an ocean advocacy organization. (5) One representative from an environmental justice organization. (6) One representative from a disadvantaged or low-income community or rural area. (7) One representative of a materials recovery facility located within the State of California. (8) One representative of a recycling service provider, or a representative of an association of recycling service providers. (9) One representative from the composting industry operating in the State of California. (10) A representative of each of four manufacturers of covered materials of different material types utilizing postconsumer recycled content, one of which produces third-party certified compostable covered material. These board members shall not be a board member of a PRO. (11) One representative nominated by a statewide association representing the retail sector. This board member shall be a nonvoting member. (12) One representative nominated by a statewide association representing the grocery sector. This board member shall be a nonvoting member. (13) One representative of a producer responsibility organization. This board member shall be a nonvoting member. (b) The director shall appoint all members to the advisory board on or before July 1, 2023. The director shall appoint the members for staggered three-year terms, and may reappoint a member for additional terms. At its first meeting, the advisory board shall elect a chair who will serve as chair for the calendar year, and who may be reelected as chair. (c) The advisory board shall meet at least once per year by the call of the chair or by request of a majority of the voting members. The department shall provide administrative support to the advisory board. (d) The advisory board meetings shall be open to the public and are subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). (e) (1) The advisory board shall provide the PRO and the department, and a third party conducting or updating a needs assessment if applicable, with initial recommendations regarding all of the following: (A) Key barriers and possible solutions to advance the objectives of increasing recovery of covered materials and decreasing the leakage of plastic into the environment no later than one year after the advisory board’s initial meeting. This shall include key barriers and possible solutions related to available and viable responsible end markets and market development for covered materials. (B) Key barriers and possible solutions to advance the objectives of reducing the production of virgin material for covered material and reducing the landfilling of covered material. (C) Key barriers and possible pathways toward reusable packaging and products and refillable systems. (D) Key barriers and other considerations needed for covered material to meet the requirements of this chapter. (E) How a PRO will cover the costs incurred by local jurisdictions and local jurisdictions’ recycling service providers associated with implementing this chapter and managing the material covered in a plan. (2) The department shall consider the recommendations provided under paragraph (1) as it evaluates which specific actions may be appropriate to advance the objectives of this chapter. (f) The advisory board may take any of the following actions through written recommendations as the advisory board deems appropriate: (1) Advise the department, producers, or PROs on technical matters in support of the goals of this chapter to create a circular economy and reduce covered material pollution. (2) Advise the department in the adoption of the regulations required by this chapter. (3) Advise the department, producers, or PROs on any other pertinent matters in implementing this chapter, as determined by the advisory board or department. (g) Pursuant to Section 42067, the advisory board shall review any needs assessment or revised needs assessment submitted to it within 90 calendar days of receipt of the assessment. (h) Within 60 calendar days of receiving a plan submitted pursuant to subdivision (a) of Section 42051.2, the advisory board shall review the plan and offer written comments, which may include suggested modifications to the plan. (i) The advisory board shall submit written recommendations to the department only if a majority of the advisory board’s voting members endorse the recommendation. One or more advisory board members who do not endorse the recommendation may submit a separate written recommendation to the department reflecting the minority opinion or opinions. (j) If an affected entity asserts that specific actions taken to meet the requirements of this chapter are disrupting or otherwise adversely affecting the sustained operation or commercial viability of solid waste collection programs, solid waste recycling facilities, or composting facilities providing services in accordance with local solid waste handling requirements, the affected entity may bring the concern and evidence supporting this assertion to the advisory board for discussion and ask the advisory board to conduct a preliminary evaluation of the information. If the evaluation demonstrates that specific actions are disrupting or otherwise adversely affecting existing operations, the advisory board shall submit this concern to the department for further analysis. The department shall analyze the information provided by the advisory board and may offer a recommendation for resolution. (Added by Stats. 2022, Ch. 75, Sec. 2. (SB 54) Effective January 1, 2023.)
  148. 4208.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Prevention and Control of Forest Fires [4101 - 4209.5] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 11. Regional Forest and Fire Capacity Program [4208 - 4208.1] ( Article 11 added by Stats. 2021, Ch. 225, Sec. 16. )

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    This section defines terms used in the Regional Forest and Fire Capacity Program article.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Prevention and Control of Forest Fires [4101 - 4209.5] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 11. Regional Forest and Fire Capacity Program [4208 - 4208.1] ( Article 11 added by Stats. 2021, Ch. 225, Sec. 16. ) ## 4208. For purposes of this article, the following definitions apply: (a) “Department” means the Department of Conservation. (b) “Eligible coordinating organization” means a local government, tribal government, resource conservation district, joint powers authority, or nongovernmental organization with a history of providing technical assistance and demonstrated capacity to coordinate regional partners across the state. (c) “Program” means the Regional Forest and Fire Capacity Program. (d) “Regional entity” means a state conservancy, local government, tribal government, resource conservation district, joint powers authority, or nongovernmental organization with a history of implementing related projects, demonstrated capacity to work across regional partners, and ability to serve as fiscal administrators for the program. (e) “Statewide implementation” means identifying and supporting regional entities in every part of the state that contains or is adjacent to a very high or high fire hazard severity zone identified by the State Fire Marshal pursuant to Section 51178 of the Government Code or Article 9 (commencing with Section 4201). (Added by Stats. 2021, Ch. 225, Sec. 16. (AB 9) Effective January 1, 2022.)
  149. 4208.1.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Prevention and Control of Forest Fires [4101 - 4209.5] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 11. Regional Forest and Fire Capacity Program [4208 - 4208.1] ( Article 11 added by Stats. 2021, Ch. 225, Sec. 16. )

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    The department must establish and run the Regional Forest and Fire Capacity Program, fund regional entities with block grants when appropriated, and publish program information. Regional entities may carry out activities directly or through subgrants or contracts.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Prevention and Control of Forest Fires [4101 - 4209.5] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 11. Regional Forest and Fire Capacity Program [4208 - 4208.1] ( Article 11 added by Stats. 2021, Ch. 225, Sec. 16. ) ## 4208.1. (a) There is hereby established in the department the Regional Forest and Fire Capacity Program to support regional leadership to build local and regional capacity and develop, prioritize, and implement strategies and projects that create fire adapted communities and landscapes by improving ecosystem health, community wildfire preparedness, and fire resilience. For strategies and projects that seek to create fire adapted communities, regional entities shall maximize risk reductions to people and property, especially in the most vulnerable communities. (b) (1) The department shall, upon an appropriation by the Legislature for these purposes, do both of the following: (A) (i) Provide block grants to regional entities to develop regional strategies that develop governance structures, identify wildfire risks, foster collaboration, and prioritize and implement projects within the region to achieve the goals of the program. (ii) Regional priority strategy development shall be in coordination with public landowners and other relevant forest and fire planning efforts in wildfire and forest resiliency planning. (B) Ensure, to the extent feasible, there are regional entities to cover every part of the state that contains or is adjacent to a very high or high fire hazard severity zone identified by the State Fire Marshal pursuant to Section 51178 of the Government Code or Article 9 (commencing with Section 4201). (2) Regional entities may implement program activities directly or provide subgrants or contracts, and collaborative planning efforts with local entities, including municipal governments, tribal governments, nongovernmental organizations, community organizations, fire safe councils, land trusts, resource conservation districts, joint power authorities, special districts, fire departments, residents, private and public forest landowners and managers, businesses, and others, to assist the regional entity in accomplishing all of the following objectives: (A) Develop regional priority strategies that develop and support fire adapted communities and landscapes by improving forest health, watershed health, fire risk reduction, or fire resilience needed to achieve local, regional, or statewide public safety, climate resiliency, and ecosystem goals included in the “Agreement for Shared Stewardship of California’s Forest and Rangelands” and “California’s Wildfire and Forest Resilience Action Plan.” (B) Complete project development and permitting to generate implementation-ready projects that address regional landscape resilience and community fire protection priorities for funding consideration. (C) Implement forest management demonstration projects that showcase scalable models for management, funding, and achieving and quantifying multiple benefits. (D) Implement community fire preparedness demonstration projects that create durable risk reduction for structures and critical community infrastructure. (E) Develop outreach, education, and training as needed to facilitate and build capacity to implement this section. (F) Collect and assess data and information as needed to identify and map communities, infrastructure, forests, and watersheds at risk of, and vulnerable to, wildfire, in collaboration with appropriate state agencies, including, but not limited to, the Department of Forestry and Fire Protection. (c) The department shall, upon an appropriation by the Legislature for these purposes, provide block grants to eligible coordinating organizations under the program to support the statewide implementation of the program through coordination of and technical assistance to regional entities, as well as to support forest health and resilience efforts across regions and throughout the state. (d) To maximize the benefits of the program, the department shall do all of the following: (1) Facilitate peer-to-peer learning within and between regions to share information, experiences, and resources to build regional capacity. (2) Provide technical assistance to regions to enhance regional capacity and assist in the development and prioritization of projects. (3) Assist regions in identifying potential funding sources for regional priorities. (4) Encourage the development of local cost share opportunities. (5) Publish and update on the department’s internet website the following information related to implementation of the program: (A) A list of regional entities and eligible coordinating organizations funded by the program. (B) The outcomes of any block grant provided to a regional entity or eligible coordinating organization, including a summary of the benefits, such as the number of people and properties for which wildfire risk has been mitigated, ecosystem health benefits, or other measurements of progress towards state goals for public health and safety, climate resilience, and biodiversity, as applicable. (C) A description of progress towards ensuring there are regional entities to cover every part of the state that contains or is adjacent to a very high or high fire hazard severity zone identified by the State Fire Marshal pursuant to Section 51178 of the Government Code or Article 9 (commencing with Section 4201). (e) Until July 1, 2025, the department may authorize advance payments on a grant awarded under this section in accordance with subdivision (d) of Section 11019.1 of the Government Code. (Amended by Stats. 2022, Ch. 569, Sec. 50. (AB 156) Effective September 27, 2022.)
  150. 42080.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 3. Plastic Pollution Prevention and Packaging Producer Responsibility Act [42040 - 42084] ( Chapter 3 added by Stats. 2022, Ch. 75, Sec. 2. ) ## ARTICLE 5. Enforcement [42080 - 42084] ( Article 5 added by Stats. 2022, Ch. 75, Sec. 2. )

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    This section lets the department investigate and audit producers and related businesses, requires notice of noncompliance, and requires audited entities to identify claimed trade-secret portions within 15 days.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 3. Plastic Pollution Prevention and Packaging Producer Responsibility Act [42040 - 42084] ( Chapter 3 added by Stats. 2022, Ch. 75, Sec. 2. ) ## ARTICLE 5. Enforcement [42080 - 42084] ( Article 5 added by Stats. 2022, Ch. 75, Sec. 2. ) ## 42080. (a) Failure to comply with the requirements of this chapter, including, but not limited to, failure by a PRO to implement and satisfy the requirements of its plan, shall subject a PRO, producer, wholesaler, or retailer to penalties for violations as set forth in this article or revocation of an approved plan. The department may conduct investigations, including by inspecting operations, facilities, and records of producers and PROs and by performing audits of producers and PROs, to determine whether entities are complying with the requirements of this chapter. (b) The department may deem the information contained in an audit provided by a PRO pursuant to Section 42054 or the records maintained by the PRO pursuant to subdivision (d) of Section 42052 to be sufficient to establish violations of the requirements of this chapter. (c) The department shall notify a PRO, producer, retailer, or wholesaler of any conduct or practice that does not comply with this chapter and of any inconsistencies identified in the department’s audit. (d) Within 15 calendar days of the director approving a completed audit of a PRO, producer, retailer, or wholesaler, the department shall notify the audited entity that the audit will be posted on the department’s internet website. The department shall post the completed audit on the department’s internet website no later than 45 calendar days after it provides that notice. (e) The department shall hold its audit confidentially only to the extent it contains information that is specifically identified as and constitutes a trade secret pursuant to subdivision (d) of Section 3426.1 of the Civil Code or is otherwise exempt from disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). Within 15 calendar days of receiving a completed audit and notice from the department that the audit will be posted on the department’s internet website, the PRO, producer, retailer, or wholesaler audited by the department shall specifically identify each portion of the audit that it claims constitutes or contains a trade secret. Notwithstanding any provision to the contrary in regulations promulgated pursuant to Section 40062, information not identified as a trade secret and information improperly identified as a trade secret shall be subject to disclosure pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) unless exempted from disclosure by another provision of law. (Added by Stats. 2022, Ch. 75, Sec. 2. (SB 54) Effective January 1, 2023.)
  151. 42081.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 3. Plastic Pollution Prevention and Packaging Producer Responsibility Act [42040 - 42084] ( Chapter 3 added by Stats. 2022, Ch. 75, Sec. 2. ) ## ARTICLE 5. Enforcement [42080 - 42084] ( Article 5 added by Stats. 2022, Ch. 75, Sec. 2. )

    Verify source ↗

    The department may issue violation notices and assess daily civil penalties for noncompliance, with a lower cap for entities meeting a specified Section 42060 criterion. It may also let producers or PROs submit corrective action plans, and compliant plans can block penalties for covered material.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 3. Plastic Pollution Prevention and Packaging Producer Responsibility Act [42040 - 42084] ( Chapter 3 added by Stats. 2022, Ch. 75, Sec. 2. ) ## ARTICLE 5. Enforcement [42080 - 42084] ( Article 5 added by Stats. 2022, Ch. 75, Sec. 2. ) ## 42081. (a) (1) The department may issue a notice of violation to, and impose an administrative civil penalty not to exceed fifty thousand dollars ($50,000) per day per violation on, any entity not in compliance with this chapter or any of the regulations the department adopts to implement this chapter, unless the entity meets the criteria of paragraph (5) of subdivision (a) of Section 42060, in which case the civil penalty shall not exceed twenty-five thousand dollars ($25,000) per day per violation. (2) A violation of Section 42050 by a producer or the PRO shall be determined based on the brand name, package or product line, package or product form, covered material category, and package or product size that the department deems is not in compliance. (3) Penalties against a PRO or producer shall not begin accruing with respect to a violation until 30 calendar days following the notification of the violation. (4) The department shall deposit all penalties collected pursuant to this section into the Circular Economy Penalty Account, which is hereby created in the State Treasury. Moneys in the Circular Economy Penalty Account shall be available upon appropriation by the Legislature for purposes that further this chapter. (b) (1) Before determining whether to assess a penalty, the department may allow a producer or a PRO to develop and submit a corrective action plan to the department detailing how and when the producer or a PRO will come into compliance with this chapter. Corrective action plans may include, but are not limited to, actions such as shifting production to covered material categories that meet the recycling rates required pursuant to subdivision (c) of Section 42050, no longer offering the covered material for sale, reaching a minimum recycled content standard set by the department, or establishing a take-back system or deposit system for the covered material that would increase the recycling rate of the material. The department shall not assess a penalty and the producer shall not be listed as noncompliant pursuant to Section 42082 for material covered in a corrective action plan if the producer complies with the corrective action plan. A producer or PRO may request approval from the department to comply with a corrective action plan or elements of a corrective action plan in cooperation with other producers or PROs. (2) (A) The duration of a corrective action plan shall not exceed 24 months. The department may extend a corrective action plan up to an additional 12 months if the department sets forth steps and a timeline for the producer or PRO to comply with the corrective action plan and if the producer or PRO made a substantial effort to comply but was reasonably prevented from doing so due to extenuating circumstances. (B) For purposes of this paragraph, making a “substantial effort” means taking all practicable actions to comply with a corrective action plan. Substantial effort is not made in circumstances in which a producer or PRO has not taken reasonable steps to comply with a corrective action plan, including, but not limited to, providing staff resources and funding necessary for compliance. (3) The department’s authority under this article to impose penalties and to consider a corrective action plan do not affect the department’s authority to withdraw its approval of a PRO plan pursuant to Section 42051.2 and the department may impose penalties and consider corrective action plans against the PRO or producers without revoking an approved plan. (c) The department, in determining the penalty amount and whether to assess a penalty under this section, shall consider, at a minimum, all of the following: (1) The nature, circumstances, extent, and gravity of the violation or a condition giving rise to the violation and the various remedies and penalties that are appropriate in the given circumstances, with primary emphasis on protecting the public health and safety and the environment. (2) Whether the violation or conditions giving rise to the violation have been corrected in a timely fashion or whether reasonable progress is being made to correct the violation or conditions giving rise to the violation. (3) Whether the violation or conditions giving rise to the violation demonstrate a pattern of noncompliance with this chapter or the regulations adopted pursuant to this chapter. If the violation is a first offense, and the nature and gravity of the violation is not considered egregious, the department shall consider assessing a penalty not to exceed twenty-five thousand dollars ($25,000) per day. (4) Whether the violation or conditions giving rise to the violation were intentional. (5) Whether the violation or conditions giving rise to the violation were voluntarily and promptly reported to the department before the commencement of an investigation or audit by the department. (6) Whether the violation or conditions giving rise to the violation were due to circumstances beyond the reasonable control of the producer or PRO or were otherwise unavoidable under the circumstances, including, but not limited to, unforeseen changes in market conditions. This does not include circumstances in which curbside collection either was not available or not suitable for the collection and processing of the covered material and the PRO or producer failed to adequately invest in or develop other means to collect or process the covered material. (7) The size and economic condition of the producer or PRO. (8) The magnitude of the impact on the environment, human health, and disadvantaged or low-income communities or rural areas reasonably anticipated from the violation. (Amended by Stats. 2023, Ch. 848, Sec. 12. (AB 1526) Effective January 1, 2024.)
  152. 42082.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 3. Plastic Pollution Prevention and Packaging Producer Responsibility Act [42040 - 42084] ( Chapter 3 added by Stats. 2022, Ch. 75, Sec. 2. ) ## ARTICLE 5. Enforcement [42080 - 42084] ( Article 5 added by Stats. 2022, Ch. 75, Sec. 2. )

    Verify source ↗

    The department must publish and keep updated a website list of covered material categories that are not in compliance with the chapter, and may provide a compliance list on request.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 3. Plastic Pollution Prevention and Packaging Producer Responsibility Act [42040 - 42084] ( Chapter 3 added by Stats. 2022, Ch. 75, Sec. 2. ) ## ARTICLE 5. Enforcement [42080 - 42084] ( Article 5 added by Stats. 2022, Ch. 75, Sec. 2. ) ## 42082. (a) The department shall post on its internet website a list of covered material categories, including by material form if applicable, by producer, that are not in compliance with this chapter. The department shall update the list at least once every six months. (b) The department may provide, upon request, a list of covered material categories, by producer if applicable, that are in compliance with this chapter. (Added by Stats. 2022, Ch. 75, Sec. 2. (SB 54) Effective January 1, 2023.)
  153. 42083.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 3. Plastic Pollution Prevention and Packaging Producer Responsibility Act [42040 - 42084] ( Chapter 3 added by Stats. 2022, Ch. 75, Sec. 2. ) ## ARTICLE 5. Enforcement [42080 - 42084] ( Article 5 added by Stats. 2022, Ch. 75, Sec. 2. )

    Verify source ↗

    A producer may sell, distribute, offer for sale, or import certain covered material that misses recycling-rate requirements if the producer shows the department it has met the applicable rate for its market share.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 3. Plastic Pollution Prevention and Packaging Producer Responsibility Act [42040 - 42084] ( Chapter 3 added by Stats. 2022, Ch. 75, Sec. 2. ) ## ARTICLE 5. Enforcement [42080 - 42084] ( Article 5 added by Stats. 2022, Ch. 75, Sec. 2. ) ## 42083. A producer may offer for sale, sell, distribute, or import covered material in a covered material category that does not meet the recycling rates established pursuant to subdivision (c) of Section 42050 if the producer demonstrates to the department that the producer has achieved the applicable rate for an amount equal to the producer’s market share of that covered material category in the state. (Added by Stats. 2022, Ch. 75, Sec. 2. (SB 54) Effective January 1, 2023.)
  154. 42084.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 3. Plastic Pollution Prevention and Packaging Producer Responsibility Act [42040 - 42084] ( Chapter 3 added by Stats. 2022, Ch. 75, Sec. 2. ) ## ARTICLE 5. Enforcement [42080 - 42084] ( Article 5 added by Stats. 2022, Ch. 75, Sec. 2. )

    Verify source ↗

    If the department finds a producer responsibility organization or producer missed the required targets, it must adopt regulations requiring recycling-rate achievement and producer source reduction.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 3. Plastic Pollution Prevention and Packaging Producer Responsibility Act [42040 - 42084] ( Chapter 3 added by Stats. 2022, Ch. 75, Sec. 2. ) ## ARTICLE 5. Enforcement [42080 - 42084] ( Article 5 added by Stats. 2022, Ch. 75, Sec. 2. ) ## 42084. (a) If the department determines that a producer responsibility organization or producer has not achieved the targets established pursuant to Section 42050 or 42057, the department shall, through a public process, adopt regulations that do both of the following: (1) Place requirements on the PRO or producers to achieve the recycling rates established pursuant to subdivision (c) of Section 42050 or subdivision (i) of Section 42057. (2) Place requirements on producers to source reduce, by both weight and number of items, to meet the requirements of Section 42057. (b) The regulations shall apply to the PRO or producer after the date of the target or upon the end of any approved corrective action plan, as applicable. (Added by Stats. 2022, Ch. 75, Sec. 2. (SB 54) Effective January 1, 2023.)
  155. 4209.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Prevention and Control of Forest Fires [4101 - 4209.5] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 12. Community Wildfire Preparedness and Mitigation [4209 - 4209.5] ( Article 12 added by Stats. 2021, Ch. 225, Sec. 17. )

    Verify source ↗

    The Office of the State Fire Marshal has a Deputy Director of Community Wildfire Preparedness and Mitigation who is responsible for fire preparedness and mitigation missions of the Department of Forestry and Fire Protection.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Prevention and Control of Forest Fires [4101 - 4209.5] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 12. Community Wildfire Preparedness and Mitigation [4209 - 4209.5] ( Article 12 added by Stats. 2021, Ch. 225, Sec. 17. ) ## 4209. There is within the Office of the State Fire Marshal a Deputy Director of Community Wildfire Preparedness and Mitigation who shall be responsible for fire preparedness and mitigation missions of the Department of Forestry and Fire Protection, as provided in Section 4209.1. (Added by Stats. 2021, Ch. 225, Sec. 17. (AB 9) Effective January 1, 2022.)
  156. 4209.1.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Prevention and Control of Forest Fires [4101 - 4209.5] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 12. Community Wildfire Preparedness and Mitigation [4209 - 4209.5] ( Article 12 added by Stats. 2021, Ch. 225, Sec. 17. )

    Verify source ↗

    The Deputy Director of Community Wildfire Preparedness and Mitigation is responsible for listed wildfire preparedness and mitigation programs and activities.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Prevention and Control of Forest Fires [4101 - 4209.5] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 12. Community Wildfire Preparedness and Mitigation [4209 - 4209.5] ( Article 12 added by Stats. 2021, Ch. 225, Sec. 17. ) ## 4209.1. The Deputy Director of Community Wildfire Preparedness and Mitigation shall be responsible for all of the following programs and activities: (a) The Fire Prevention Grants Program (Article 2.5 (commencing with Section 4124)). (b) Defensible space requirements pursuant to Sections 4291 and 4291.1. (c) The California wildfire mitigation financial assistance program described in Article 16.5 (commencing with Section 8654.2) of Chapter 7 of Division 1 of Title 2 of the Government Code. (d) The establishment of fire hazard severity zones pursuant to Article 9 (commencing with Section 4201) of this code and very high fire hazard severity zones pursuant to Chapter 6.8 (commencing with Section 51175) of Part 1 of Division 1 of Title 5 of the Government Code. (e) The requirements of Section 4290.5. (f) Consultation with the Office of Energy Infrastructure Safety regarding wildfire mitigation plans, pursuant to Sections 8386, 8386.3, and 8386.5 of the Public Utilities Code. (g) General plan safety element review pursuant to Article 5 (commencing with Section 65300) of Chapter 3 of Division 1 of Title 7 of the Government Code. (h) Wildland building code standards pursuant to Section 13108.5 of the Health and Safety Code. (i) Implementation of the minimum fire safety standards adopted pursuant to Section 4290. (Added by Stats. 2021, Ch. 225, Sec. 17. (AB 9) Effective January 1, 2022.)
  157. 4209.2.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Prevention and Control of Forest Fires [4101 - 4209.5] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 12. Community Wildfire Preparedness and Mitigation [4209 - 4209.5] ( Article 12 added by Stats. 2021, Ch. 225, Sec. 17. )

    Verify source ↗

    The Deputy Director of Community Wildfire Preparedness and Mitigation, and subordinate employees, must be assigned to this article’s responsibilities and treated as the lowest-priority employees for fire incident support duties.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Prevention and Control of Forest Fires [4101 - 4209.5] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 12. Community Wildfire Preparedness and Mitigation [4209 - 4209.5] ( Article 12 added by Stats. 2021, Ch. 225, Sec. 17. ) ## 4209.2. The Deputy Director of Community Wildfire Preparedness and Mitigation and any subordinate employee shall be primarily assigned to the responsibilities established by this article and shall be the lowest priority employees of the Department of Forestry and Fire Protection for purposes of fire incident support duties. (Added by Stats. 2021, Ch. 225, Sec. 17. (AB 9) Effective January 1, 2022.)
  158. 4209.3.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Prevention and Control of Forest Fires [4101 - 4209.5] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 12. Community Wildfire Preparedness and Mitigation [4209 - 4209.5] ( Article 12 added by Stats. 2021, Ch. 225, Sec. 17. )

    Verify source ↗

    The State Fire Marshal must give the Legislature a report by January 1, 2023 on personnel and resource shortfalls in the wildfire preparedness programs covered by this article.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Prevention and Control of Forest Fires [4101 - 4209.5] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 12. Community Wildfire Preparedness and Mitigation [4209 - 4209.5] ( Article 12 added by Stats. 2021, Ch. 225, Sec. 17. ) ## 4209.3. (a) The State Fire Marshal shall, on or before January 1, 2023, provide the Legislature with a report identifying known personnel and resource shortfalls in implementing programs and activities overseen by the Deputy Director of Community Wildfire Preparedness and Mitigation pursuant to this article. (b) A report submitted to the Legislature pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. (c) Pursuant to Section 10231.5 of the Government Code, this section shall be repealed on January 1, 2027. (Added by Stats. 2021, Ch. 225, Sec. 17. (AB 9) Effective January 1, 2022. Repealed as of January 1, 2027, by its own provisions.)
  159. 4209.4.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Prevention and Control of Forest Fires [4101 - 4209.5] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 12. Community Wildfire Preparedness and Mitigation [4209 - 4209.5] ( Article 12 added by Stats. 2021, Ch. 225, Sec. 17. )

    Verify source ↗

    The Office of the State Fire Marshal must establish a wildfire mitigation advisory committee, and the committee must meet monthly and carry out specified coordination and advisory tasks.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Prevention and Control of Forest Fires [4101 - 4209.5] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 12. Community Wildfire Preparedness and Mitigation [4209 - 4209.5] ( Article 12 added by Stats. 2021, Ch. 225, Sec. 17. ) ## 4209.4. (a) The Office of the State Fire Marshal shall establish the State Fire Marshal’s Wildfire Mitigation Advisory Committee to provide a public forum to solicit and consider public input on programs and activities pursuant to this article and to advise the Deputy Director of Community Wildfire Preparedness and Mitigation in developing and implementing programs and activities pursuant to this article. (b) The committee shall do all of the following: (1) Provide a consistent and regular means of communication on topics related to community wildfire preparedness and fire mitigation between the department, the Office of the State Fire Marshal, representatives of relevant industries, state agencies, fire service agencies, and other stakeholders. (2) Provide a forum for addressing wildfire preparedness and mitigation issues of statewide concern. (3) Share latest available research and best practices with regard to community fire preparedness and mitigation efforts. (4) Seek and provide comments and specific input on proposed programs, policies, guidelines, budget, and technical issues, and inform local agencies and the public of applicable new laws and regulations. (5) Provide and receive updates and feedback regarding the programs operated by the Office of the State Fire Marshal pursuant to this article. (c) Members of the committee shall be all of the following: (1) The director of the department, or their designee. (2) The director of the Department of Conservation, or their designee. (3) The Director of the Office of Energy Infrastructure Safety, or their designee. (4) The chair of the State Board of Forestry and Fire Protection, or their designee. (5) The State Fire Marshal, or their designee. (6) The Director of Emergency Services, or their designee. (7) The Insurance Commissioner, or their designee. (8) The Director of State Planning and Research, or their designee. (9) A representative from the California Fire Safe Council. (10) A representative from the insurance industry or an insurance research organization. (11) A local fire service representative. (12) A representative from the building industry. (13) A representative from the University of California Cooperative Extension. (14) A representative from the California Fire Science Consortium. (15) Any other appropriate stakeholders, including representatives from local governmental agencies, as decided by the State Fire Marshal. (d) The committee shall meet monthly. (e) The members of the committee shall serve without compensation, but each member shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties. (f) The chairperson of the committee shall be the State Fire Marshal. (Added by Stats. 2021, Ch. 225, Sec. 17. (AB 9) Effective January 1, 2022.)
  160. 4209.5.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Prevention and Control of Forest Fires [4101 - 4209.5] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 12. Community Wildfire Preparedness and Mitigation [4209 - 4209.5] ( Article 12 added by Stats. 2021, Ch. 225, Sec. 17. )

    Verify source ↗

    The Office of the State Fire Marshal must establish a Community Wildfire Mitigation Assistance Program.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Prevention and Control of Forest Fires [4101 - 4209.5] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 12. Community Wildfire Preparedness and Mitigation [4209 - 4209.5] ( Article 12 added by Stats. 2021, Ch. 225, Sec. 17. ) ## 4209.5. (a) The Office of the State Fire Marshal shall establish the Community Wildfire Mitigation Assistance Program to coordinate regional and local efforts with state policies, strategies, and programs for community wildfire mitigation in order to improve wildfire preparedness and prevention, with an emphasis on the most vulnerable communities. (b) The program shall do all of the following: (1) Provide technical assistance to local jurisdictions with community wildfire preparedness and prevention services and identify funding opportunities and best practices, including, but not necessarily limited to, defensible space, structure hardening, fuel reduction around communities, wildland building code standards, and land use planning. (2) Identify both of the following: (A) Programs administered by state, regional, and local agencies to address and minimize the risks of wildfire and coordinate the implementation of those programs. (B) Public and private programs that may be leveraged to facilitate defensible space, home hardening, and community fuel reduction to minimize the impacts of wildfire to habitable structures. (3) Conduct outreach efforts to regional and local wildfire mitigation groups, including assessing compliance, educating and informing regional and local agencies, stakeholders, and the public of applicable new laws and regulations. (4) Provide technical consultation with the development of city and county safety elements. (5) Develop guidance and decision-support tools useful for data visualization, planning, and analysis. (6) Establish a statewide clearinghouse for use by state, regional, and local entities to provide a centralized source of data, information, research articles, studies, white papers, reports, best practices, model ordinances, demonstration projects, tools, and other resources related to community wildfire preparedness, mitigation, and risk reduction. (Added by Stats. 2021, Ch. 225, Sec. 17. (AB 9) Effective January 1, 2022.)
  161. 4210.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1.5. State Responsibility Area Fire Prevention Fees [4210 - 4229] ( Chapter 1.5 added by Stats. 2011, 1st Ex. Sess., Ch. 8, Sec. 1. ) ## ARTICLE 1. General Provisions [4210 - 4214] ( Article 1 added by Stats. 2011, 1st Ex. Sess., Ch. 8, Sec. 1. )

    Verify source ↗

    The Legislature states that fire prevention in state responsibility areas is important and that a fire prevention fee is necessary to pay for activities that benefit owners of structures there.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1.5. State Responsibility Area Fire Prevention Fees [4210 - 4229] ( Chapter 1.5 added by Stats. 2011, 1st Ex. Sess., Ch. 8, Sec. 1. ) ## ARTICLE 1. General Provisions [4210 - 4214] ( Article 1 added by Stats. 2011, 1st Ex. Sess., Ch. 8, Sec. 1. ) ## 4210. The Legislature finds and declares all of the following: (a) Fire protection of the public trust resources on lands in the state responsibility areas remains a vital interest to California. Lands that are covered in whole or in part by a diverse plant community prevent excessive erosion, retard runoff, reduce sedimentation, and accelerate water percolation to assist in the maintenance of critical sources of water for environmental, irrigation, domestic, or industrial uses. (b) The presence of structures within state responsibility areas can pose an increased risk of fire ignition and an increased potential for fire damage within the state’s wildlands and watersheds. The presence of structures within state responsibility areas can also impair wild land firefighting techniques and could result in greater damage to state lands caused by wildfires. (c) The costs of fire prevention activities aimed at reducing the effects of structures in state responsibility areas should be borne by the owners of these structures. (d) Individual owners of structures within state responsibility areas receive a disproportionately larger benefit from fire prevention activities than that realized by the state’s citizens generally. (e) It is the intent of the Legislature that the economic burden of fire prevention activities that are associated with structures in state responsibility areas shall be equitably distributed among the citizens of the state who generally benefit from those activities and those owners of structures in the state responsibility areas who receive a specific benefit other than that general benefit. (f) It is necessary to impose a fire prevention fee to pay for fire prevention activities in the state responsibility areas that specifically benefit owners of structures in the state responsibility areas. (Added by Stats. 2011, 1st Ex. Sess., Ch. 8, Sec. 1. (AB 29 1x) Effective July 8, 2011. Repealed as of January 1, 2031, pursuant to Section 4229.)
  162. 4211.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1.5. State Responsibility Area Fire Prevention Fees [4210 - 4229] ( Chapter 1.5 added by Stats. 2011, 1st Ex. Sess., Ch. 8, Sec. 1. ) ## ARTICLE 1. General Provisions [4210 - 4214] ( Article 1 added by Stats. 2011, 1st Ex. Sess., Ch. 8, Sec. 1. )

    Verify source ↗

    This section defines key terms used in the chapter on state responsibility area fire prevention fees.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1.5. State Responsibility Area Fire Prevention Fees [4210 - 4229] ( Chapter 1.5 added by Stats. 2011, 1st Ex. Sess., Ch. 8, Sec. 1. ) ## ARTICLE 1. General Provisions [4210 - 4214] ( Article 1 added by Stats. 2011, 1st Ex. Sess., Ch. 8, Sec. 1. ) ## 4211. For the purposes of this chapter, the following terms shall have the following meanings: (a) “Habitable Structure” means a building that contains one or more dwelling units or that can be occupied for residential use. Buildings occupied for residential use include single family homes, multidwelling structures, mobile and manufactured homes, and condominiums. Habitable structures do not include commercial, industrial, or incidental buildings such as detached garages, barns, outdoor sanitation facilities, and sheds. (b) “State responsibility area” means state responsibility area as defined in Section 4102. (c) “Person” means an individual, trust, joint stock company, business concern, or corporation, including, but not limited to, a government corporation, partnership, limited liability company, or association. “Person” also includes any city, county, city and county, district, commission, the state or any department, agency, or political subdivision thereof, any interstate body, and the United States and its agencies and instrumentalities to the extent permitted by law. (d) “Owner of a habitable structure” means the person that is the owner of record of a habitable structure in the county tax assessor rolls or as recorded in the records of the Department of Housing and Community Development on July 1 of the state fiscal year for which the fee is due. (Amended by Stats. 2014, Ch. 895, Sec. 1. (AB 2048) Effective January 1, 2015. Repealed as of January 1, 2031, pursuant to Section 4229.)
  163. 4212.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1.5. State Responsibility Area Fire Prevention Fees [4210 - 4229] ( Chapter 1.5 added by Stats. 2011, 1st Ex. Sess., Ch. 8, Sec. 1. ) ## ARTICLE 1. General Provisions [4210 - 4214] ( Article 1 added by Stats. 2011, 1st Ex. Sess., Ch. 8, Sec. 1. )

    Verify source ↗

    The board must adopt emergency regulations to create a fire prevention fee, capped at $150 per habitable structure in a state responsibility area.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1.5. State Responsibility Area Fire Prevention Fees [4210 - 4229] ( Chapter 1.5 added by Stats. 2011, 1st Ex. Sess., Ch. 8, Sec. 1. ) ## ARTICLE 1. General Provisions [4210 - 4214] ( Article 1 added by Stats. 2011, 1st Ex. Sess., Ch. 8, Sec. 1. ) ## 4212. (a) (1) By September 1, 2011, the board shall adopt emergency regulations to establish a fire prevention fee for the purposes of this chapter in an amount not to exceed one hundred fifty dollars ($150) to be charged on each habitable structure on a parcel that is within a state responsibility area. (2) The Legislature finds and declares that a fire prevention fee of not more than one hundred fifty dollars ($150) is a reasonable amount for the necessary fire prevention activities of the state that benefit the owner of a habitable structure within a state responsibility area. (b) On July 1, 2013, and annually thereafter, the board may adjust the fire prevention fees imposed pursuant to this chapter to reflect the percentage of change in the average annual value of the Implicit Price Deflator for State and Local Government Purchases of Goods and Services for the United States, as calculated by the United States Department of Commerce for the 12-month period in the third quarter of the prior calendar year, as reported by the Department of Finance. (c) Emergency regulations adopted pursuant to subdivision (a) shall be adopted in accordance with the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The adoption of emergency regulations shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, and safety, or general welfare. (Amended by Stats. 2014, Ch. 895, Sec. 2. (AB 2048) Effective January 1, 2015. Repealed as of January 1, 2031, pursuant to Section 4229.)
  164. 4213.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1.5. State Responsibility Area Fire Prevention Fees [4210 - 4229] ( Chapter 1.5 added by Stats. 2011, 1st Ex. Sess., Ch. 8, Sec. 1. ) ## ARTICLE 1. General Provisions [4210 - 4214] ( Article 1 added by Stats. 2011, 1st Ex. Sess., Ch. 8, Sec. 1. )

    Verify source ↗

    The State Board of Equalization collects the fire prevention fee annually, the department must send fee-liability information to the board each January 1, and refunds or collection are restricted by specified review and fund-balance conditions.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1.5. State Responsibility Area Fire Prevention Fees [4210 - 4229] ( Chapter 1.5 added by Stats. 2011, 1st Ex. Sess., Ch. 8, Sec. 1. ) ## ARTICLE 1. General Provisions [4210 - 4214] ( Article 1 added by Stats. 2011, 1st Ex. Sess., Ch. 8, Sec. 1. ) ## 4213. (a) (1) Commencing with the 2011–12 fiscal year, the fire prevention fee imposed pursuant to Section 4212 shall be collected annually by the State Board of Equalization in accordance with the Fee Collection Procedures Law (Part 30 (commencing with Section 55001) of Division 2 of the Revenue and Taxation Code). (2) Notwithstanding the appeal provisions in the Fee Collection Procedures Law, a determination by the department that a person is required to pay a fire prevention fee, or a determination by the department regarding the amount of that fee, is subject to review under Article 2 (commencing with Section 4220) and is not subject to a petition for redetermination by the State Board of Equalization. (3) (A) Notwithstanding the refund provisions in the Fee Collection Procedures Law, the State Board of Equalization shall not accept any claim for refund that is based on the assertion that a determination by the department improperly or erroneously calculated the amount of the fire prevention fee, or incorrectly determined that the person is subject to that fee, unless that determination has been set aside by the department or a court reviewing the determination of the department. (B) If it is determined by the department or a reviewing court that a person is entitled to a refund of all or part of the fire prevention fee, the person shall make a claim to the State Board of Equalization pursuant to Chapter 5 (commencing with Section 55221) of Part 30 of Division 2 of the Revenue and Taxation Code. (b) The annual fire prevention fee shall be due and payable 30 days from the date of assessment by the State Board of Equalization. (c) On or before each January 1, the department shall annually transmit to the State Board of Equalization the appropriate name and address of each person who is liable for the fire prevention fee and the amount of the fee to be assessed, as authorized by this article, and at the same time the department shall provide to the State Board of Equalization a contact telephone number for the board to be printed on the bill to respond to questions about the fee. (d) Commencing with the 2012–13 fiscal year, if in any given fiscal year there are sufficient amounts of money in the State Responsibility Area Fire Prevention Fund created pursuant to Section 4214 to finance the costs of the programs under subdivision (d) of Section 4214 for that fiscal year, the fee may not be collected that fiscal year. (Amended by Stats. 2014, Ch. 895, Sec. 3. (AB 2048) Effective January 1, 2015. Repealed as of January 1, 2031, pursuant to Section 4229.)
  165. 4213.05.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1.5. State Responsibility Area Fire Prevention Fees [4210 - 4229] ( Chapter 1.5 added by Stats. 2011, 1st Ex. Sess., Ch. 8, Sec. 1. ) ## ARTICLE 1. General Provisions [4210 - 4214] ( Article 1 added by Stats. 2011, 1st Ex. Sess., Ch. 8, Sec. 1. )

    Verify source ↗

    The fire prevention fee under Section 4212 is suspended starting July 1, 2017, and the section becomes inoperative on January 1, 2031.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1.5. State Responsibility Area Fire Prevention Fees [4210 - 4229] ( Chapter 1.5 added by Stats. 2011, 1st Ex. Sess., Ch. 8, Sec. 1. ) ## ARTICLE 1. General Provisions [4210 - 4214] ( Article 1 added by Stats. 2011, 1st Ex. Sess., Ch. 8, Sec. 1. ) ## 4213.05. (a) Commencing with the 2017–18 fiscal year, the fire prevention fee imposed pursuant to Section 4212 shall be suspended, effective July 1, 2017. Any moneys held in reserve in the State Responsibility Area Fire Prevention Fund shall be appropriated by the Legislature in a manner consistent with subdivision (d) of Section 4214. (b) It is the intent of the Legislature that moneys derived from the auction or sale of allowances pursuant to a market-based compliance mechanism established pursuant to Division 25.5 (commencing with Section 38500) of the Health and Safety Code shall be used to replace the moneys that would have otherwise been collected under Section 4212 to continue fire prevention activities. (c) The amount appropriated in the annual Budget Act pursuant to subdivision (b) shall not be included in determining the amount of annual proceeds of the fund for purposes of the calculations in Section 39719 of the Health and Safety Code. (d) This section shall become inoperative on January 1, 2031. (Amended by Stats. 2018, Ch. 626, Sec. 8. (SB 901) Effective January 1, 2019. Inoperative January 1, 2031, by its own provisions. Repealed as of January 1, 2031, pursuant to Section 4229.)
  166. 4213.1.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1.5. State Responsibility Area Fire Prevention Fees [4210 - 4229] ( Chapter 1.5 added by Stats. 2011, 1st Ex. Sess., Ch. 8, Sec. 1. ) ## ARTICLE 1. General Provisions [4210 - 4214] ( Article 1 added by Stats. 2011, 1st Ex. Sess., Ch. 8, Sec. 1. )

    Verify source ↗

    This section says the fire prevention fee is charged to the owner of a habitable structure in the state responsibility area if that person owns the structure on July 1 of the fee year.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1.5. State Responsibility Area Fire Prevention Fees [4210 - 4229] ( Chapter 1.5 added by Stats. 2011, 1st Ex. Sess., Ch. 8, Sec. 1. ) ## ARTICLE 1. General Provisions [4210 - 4214] ( Article 1 added by Stats. 2011, 1st Ex. Sess., Ch. 8, Sec. 1. ) ## 4213.1. (a) (1) The fire prevention fee imposed pursuant to Section 4212 shall be levied upon the owner of a habitable structure identified by the department as located within the state responsibility area, if that person owns the habitable structure on July 1 of the year for which the fee is due. (2) The department shall notify an owner, upon whom a fire prevention fee is imposed pursuant to Section 4212, through the fee billing process that if the owner sells the habitable structure or structures, the apportionment of the fire prevention fee may be negotiated as one of the terms of the sale. However, payment of the total fire prevention fee liability remains the responsibility of the person who owns the habitable structure on July 1 of the year for which the fee is due. (b) The board may exempt from the fire prevention fee any habitable structure that is subsequently deemed uninhabitable as a result of a natural disaster during the year for which the fee is due, as well as one subsequent year if the habitable structure has not been repaired or rebuilt. The board shall consider granting an exemption only if both of the following conditions are met: (1) The owner of the habitable structure certifies that the structure is not habitable as a result of a natural disaster. (2) The owner of the habitable structure either documents that the habitable structure passed a defensible space inspection conducted by the department or by one of its agents within one year of the date the structure was damaged or destroyed or certifies that clearance as required under Section 4291 was in place at the time that the structure was damaged or destroyed as a result of a natural disaster. (c) The board shall prepare forms for purposes of the certification requirements in subdivision (b). (Amended by Stats. 2015, Ch. 104, Sec. 1. (AB 301) Effective January 1, 2016. Repealed as of January 1, 2031, pursuant to Section 4229.)
  167. 4213.2.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1.5. State Responsibility Area Fire Prevention Fees [4210 - 4229] ( Chapter 1.5 added by Stats. 2011, 1st Ex. Sess., Ch. 8, Sec. 1. ) ## ARTICLE 1. General Provisions [4210 - 4214] ( Article 1 added by Stats. 2011, 1st Ex. Sess., Ch. 8, Sec. 1. )

    Verify source ↗

    When a qualifying property is sold, the fire prevention fee apportionment may be negotiated in the sale terms, but the full fee remains the responsibility of the person who owns the habitable structure on July 1 of the fee year.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1.5. State Responsibility Area Fire Prevention Fees [4210 - 4229] ( Chapter 1.5 added by Stats. 2011, 1st Ex. Sess., Ch. 8, Sec. 1. ) ## ARTICLE 1. General Provisions [4210 - 4214] ( Article 1 added by Stats. 2011, 1st Ex. Sess., Ch. 8, Sec. 1. ) ## 4213.2. If an owner of a property with one or more habitable structures subject to the fire prevention fee imposed pursuant to Section 4212 sells the property, the apportionment of the fire prevention fee may be negotiated as one of the terms of the sale. However, payment of the total fire prevention fee liability remains the responsibility of the person who owns the habitable structure on July 1 of the year for which the fee is due. (Added by Stats. 2015, Ch. 104, Sec. 2. (AB 301) Effective January 1, 2016. Repealed as of January 1, 2031, pursuant to Section 4229.)
  168. 4214.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1.5. State Responsibility Area Fire Prevention Fees [4210 - 4229] ( Chapter 1.5 added by Stats. 2011, 1st Ex. Sess., Ch. 8, Sec. 1. ) ## ARTICLE 1. General Provisions [4210 - 4214] ( Article 1 added by Stats. 2011, 1st Ex. Sess., Ch. 8, Sec. 1. )

    Verify source ↗

    This section directs how State Responsibility Area fire prevention fees are held, spent, reported on, and temporarily exempted from public contracting rules.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1.5. State Responsibility Area Fire Prevention Fees [4210 - 4229] ( Chapter 1.5 added by Stats. 2011, 1st Ex. Sess., Ch. 8, Sec. 1. ) ## ARTICLE 1. General Provisions [4210 - 4214] ( Article 1 added by Stats. 2011, 1st Ex. Sess., Ch. 8, Sec. 1. ) ## 4214. (a) Fire prevention fees collected pursuant to this chapter shall be expended, upon appropriation by the Legislature, as follows: (1) The State Board of Equalization shall retain moneys necessary for the payment of refunds pursuant to Section 4228 and reimbursement of the State Board of Equalization for expenses incurred in the collection of the fee. (2) The moneys collected, other than those retained by the State Board of Equalization pursuant to paragraph (1), shall be deposited into the State Responsibility Area Fire Prevention Fund, which is hereby created in the State Treasury, and shall be available to the board and the department to expend for fire prevention activities specified in subdivision (d) that benefit the owners of habitable structures within a state responsibility area who are required to pay the fire prevention fee. The amount expended to benefit the owners of habitable structures within a state responsibility area shall be commensurate with the amount collected from the owners within that state responsibility area. All moneys in excess of the costs of administration of the board and the department shall be expended only for fire prevention activities in counties with state responsibility areas. (b) (1) The fund may also be used to cover the costs of administering this chapter. (2) The fund shall cover all startup costs incurred over a period not to exceed two years. (c) It is the intent of the Legislature that the moneys in this fund be fully appropriated to the board and the department each year in order to effectuate the purposes of this chapter. (d) Moneys in the fund shall be used only for the following fire prevention activities, which shall benefit owners of habitable structures within the state responsibility areas who are required to pay the annual fire prevention fee pursuant to this chapter: (1) Local assistance grants pursuant to subdivision (e). (2) Grants to Fire Safe Councils, the California Conservation Corps, or certified local conservation corps for fire prevention projects and activities in the state responsibility areas. (3) Grants to a qualified nonprofit organization with a demonstrated ability to satisfactorily plan, implement, and complete a fire prevention project applicable to the state responsibility areas. The department may establish other qualifying criteria. (4) Inspections by the department for compliance with defensible space requirements around habitable structures in state responsibility areas as required by Section 4291. (5) Public education to reduce fire risk in the state responsibility areas. (6) Fire severity and fire hazard mapping by the department in the state responsibility areas. (7) Other fire prevention projects in the state responsibility areas, authorized by the board. (e) (1) The board shall establish a local assistance grant program for fire prevention activities designed to benefit habitable structures within state responsibility areas, including public education, that are provided by counties and other local agencies, including special districts, with state responsibility areas within their jurisdictions. (2) In order to ensure an equitable distribution of funds, the amount of each grant shall be based on the number of habitable structures in state responsibility areas for which the applicant is legally responsible and the amount of moneys made available in the annual Budget Act for this local assistance grant program. (f) By January 31, 2015, and annually thereafter, the board shall submit to the Legislature a written report on the status and uses of the fund pursuant to this chapter. The written report shall also include an evaluation of the benefits received by counties based on the number of habitable structures in state responsibility areas within their jurisdictions, the effectiveness of the board’s grant programs, the number of defensible space inspections in the reporting period, the degree of compliance with defensible space requirements, measures to increase compliance, if any, and any recommendations to the Legislature. (g) (1) The requirement for submitting a report imposed under subdivision (f) is inoperative on January 31, 2017, pursuant to Section 10231.5 of the Government Code. (2) A report to be submitted pursuant to subdivision (f) shall be submitted in compliance with Section 9795 of the Government Code. (h) It is essential that this article be implemented without delay. To permit timely implementation, the department may contract for services related to the establishment of the fire prevention fee collection process. For this purpose only, and for a period not to exceed 24 months, the provisions of the Public Contract Code or any other provision of law related to public contracting shall not apply. (Amended by Stats. 2014, Ch. 895, Sec. 5. (AB 2048) Effective January 1, 2015. Repealed as of January 1, 2031, pursuant to Section 4229.)
  169. 42160.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 3.5. Metallic Discards [42160 - 42185] ( Chapter 3.5 added by Stats. 1991, Ch. 849, Sec. 2. ) ## ARTICLE 1. Definitions [42160 - 42168] ( Article 1 added by Stats. 1991, Ch. 849, Sec. 2. )

    Verify source ↗

    The definitions in this article control how this chapter is interpreted.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 3.5. Metallic Discards [42160 - 42185] ( Chapter 3.5 added by Stats. 1991, Ch. 849, Sec. 2. ) ## ARTICLE 1. Definitions [42160 - 42168] ( Article 1 added by Stats. 1991, Ch. 849, Sec. 2. ) ## 42160. The definitions in this article govern the construction of this chapter. (Added by Stats. 1991, Ch. 849, Sec. 2.)
  170. 42161.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 3.5. Metallic Discards [42160 - 42185] ( Chapter 3.5 added by Stats. 1991, Ch. 849, Sec. 2. ) ## ARTICLE 1. Definitions [42160 - 42168] ( Article 1 added by Stats. 1991, Ch. 849, Sec. 2. )

    Verify source ↗

    This section defines “metallic discard” as a large metal article or product, or part of one, including several listed examples.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 3.5. Metallic Discards [42160 - 42185] ( Chapter 3.5 added by Stats. 1991, Ch. 849, Sec. 2. ) ## ARTICLE 1. Definitions [42160 - 42168] ( Article 1 added by Stats. 1991, Ch. 849, Sec. 2. ) ## 42161. “Metallic discard” means any large metal article or product, or any part thereof, including, but not limited to, metal furniture, machinery, major appliances, electronic products, and wood-burning stoves. (Added by Stats. 1991, Ch. 849, Sec. 2.)
  171. 42162.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 3.5. Metallic Discards [42160 - 42185] ( Chapter 3.5 added by Stats. 1991, Ch. 849, Sec. 2. ) ## ARTICLE 1. Definitions [42160 - 42168] ( Article 1 added by Stats. 1991, Ch. 849, Sec. 2. )

    Verify source ↗

    “Salvage” means the controlled removal of metallic discards from the solid waste stream at a permitted solid waste facility for recycling or reuse.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 3.5. Metallic Discards [42160 - 42185] ( Chapter 3.5 added by Stats. 1991, Ch. 849, Sec. 2. ) ## ARTICLE 1. Definitions [42160 - 42168] ( Article 1 added by Stats. 1991, Ch. 849, Sec. 2. ) ## 42162. “Salvage” means the controlled removal of metallic discards from the solid waste stream at a permitted solid waste facility for the express purpose of recycling or reuse. (Added by Stats. 1991, Ch. 849, Sec. 2.)
  172. 42163.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 3.5. Metallic Discards [42160 - 42185] ( Chapter 3.5 added by Stats. 1991, Ch. 849, Sec. 2. ) ## ARTICLE 1. Definitions [42160 - 42168] ( Article 1 added by Stats. 1991, Ch. 849, Sec. 2. )

    Verify source ↗

    “Recycling residue” means nonhazardous residue, or residue treated to be nonhazardous, that directly results from metals recovery operations for recycling.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 3.5. Metallic Discards [42160 - 42185] ( Chapter 3.5 added by Stats. 1991, Ch. 849, Sec. 2. ) ## ARTICLE 1. Definitions [42160 - 42168] ( Article 1 added by Stats. 1991, Ch. 849, Sec. 2. ) ## 42163. “Recycling residue” means nonhazardous residue or residue treated to be nonhazardous that is a direct result of metals recovery operations for the express purposes of recycling. (Added by Stats. 1991, Ch. 849, Sec. 2.)
  173. 42164.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 3.5. Metallic Discards [42160 - 42185] ( Chapter 3.5 added by Stats. 1991, Ch. 849, Sec. 2. ) ## ARTICLE 1. Definitions [42160 - 42168] ( Article 1 added by Stats. 1991, Ch. 849, Sec. 2. )

    Verify source ↗

    This section defines “solid waste landfill” by referring to the definition in Section 40195.1.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 3.5. Metallic Discards [42160 - 42185] ( Chapter 3.5 added by Stats. 1991, Ch. 849, Sec. 2. ) ## ARTICLE 1. Definitions [42160 - 42168] ( Article 1 added by Stats. 1991, Ch. 849, Sec. 2. ) ## 42164. “Solid waste landfill” means a solid waste landfill, as defined in Section 40195.1. (Amended by Stats. 1996, Ch. 1041, Sec. 11. Effective January 1, 1997.)
  174. 42165.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 3.5. Metallic Discards [42160 - 42185] ( Chapter 3.5 added by Stats. 1991, Ch. 849, Sec. 2. ) ## ARTICLE 1. Definitions [42160 - 42168] ( Article 1 added by Stats. 1991, Ch. 849, Sec. 2. )

    Verify source ↗

    This section defines “vehicle” as any device used for transportation.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 3.5. Metallic Discards [42160 - 42185] ( Chapter 3.5 added by Stats. 1991, Ch. 849, Sec. 2. ) ## ARTICLE 1. Definitions [42160 - 42168] ( Article 1 added by Stats. 1991, Ch. 849, Sec. 2. ) ## 42165. “Vehicle” means any device used for transportation. “Vehicle” includes bicycles, airplanes, and other transportation devices not used on highways, and automobiles and other vehicles, as defined in Section 670 of the Vehicle Code. (Added by Stats. 1991, Ch. 849, Sec. 2.)
  175. 42166.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 3.5. Metallic Discards [42160 - 42185] ( Chapter 3.5 added by Stats. 1991, Ch. 849, Sec. 2. ) ## ARTICLE 1. Definitions [42160 - 42168] ( Article 1 added by Stats. 1991, Ch. 849, Sec. 2. )

    Verify source ↗

    This section defines “major appliance” as a domestic or commercial device, including listed examples.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 3.5. Metallic Discards [42160 - 42185] ( Chapter 3.5 added by Stats. 1991, Ch. 849, Sec. 2. ) ## ARTICLE 1. Definitions [42160 - 42168] ( Article 1 added by Stats. 1991, Ch. 849, Sec. 2. ) ## 42166. “Major appliance” means any domestic or commercial device, including, but not limited to, a washing machine, clothes dryer, hot water heater, dehumidifier, conventional oven, microwave oven, stove, refrigerator, freezer, air-conditioner, trash compactor, and residential furnace. (Added by Stats. 1991, Ch. 849, Sec. 2.)
  176. 42167.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 3.5. Metallic Discards [42160 - 42185] ( Chapter 3.5 added by Stats. 1991, Ch. 849, Sec. 2. ) ## ARTICLE 1. Definitions [42160 - 42168] ( Article 1 added by Stats. 1991, Ch. 849, Sec. 2. )

    Verify source ↗

    This section defines “materials that require special handling” by listing specific hazardous or regulated materials found in appliances and related equipment.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 3.5. Metallic Discards [42160 - 42185] ( Chapter 3.5 added by Stats. 1991, Ch. 849, Sec. 2. ) ## ARTICLE 1. Definitions [42160 - 42168] ( Article 1 added by Stats. 1991, Ch. 849, Sec. 2. ) ## 42167. “Materials that require special handling” means all of the following: (a) Sodium azide canisters in unspent airbags that are determined to be hazardous by federal and state law or regulation. (b) Encapsulated polychlorinated biphenyls (PCBs), Di(2-Ethylhexylphthalate) (DEHP), and metal encased capacitors, in major appliances. (c) Chlorofluorocarbons (CFCs), hydrochlorofluorocarbons (HCFCs), and other non-CFC replacement refrigerants, injected in air-conditioning/refrigeration units. (d) Used oil, as defined in subparagraph (A) of paragraph (1) of subdivision (a) of Section 25250.1 of the Health and Safety Code, in major appliances. Materials described in subparagraph (B) of paragraph (1) of subdivision (a) of Section 25250.1 of the Health and Safety Code are not excluded from the definition of used oil for the purposes of this section. (e) Mercury found in switches and temperature control devices in major appliances. (f) Any other material that, when removed from a major appliance, is a hazardous waste regulated pursuant to Chapter 6.5 (commencing with Section 25100) of Division 20 of the Health and Safety Code. (Amended by Stats. 2004, Ch. 880, Sec. 11. Effective January 1, 2005.)
  177. 42168.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 3.5. Metallic Discards [42160 - 42185] ( Chapter 3.5 added by Stats. 1991, Ch. 849, Sec. 2. ) ## ARTICLE 1. Definitions [42160 - 42168] ( Article 1 added by Stats. 1991, Ch. 849, Sec. 2. )

    Verify source ↗

    This section defines “solid waste facility” by referring to the definition in Section 40194.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 3.5. Metallic Discards [42160 - 42185] ( Chapter 3.5 added by Stats. 1991, Ch. 849, Sec. 2. ) ## ARTICLE 1. Definitions [42160 - 42168] ( Article 1 added by Stats. 1991, Ch. 849, Sec. 2. ) ## 42168. “Solid waste facility” means a solid waste facility as defined in Section 40194. (Added by Stats. 1991, Ch. 849, Sec. 2.)
  178. 42170.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 3.5. Metallic Discards [42160 - 42185] ( Chapter 3.5 added by Stats. 1991, Ch. 849, Sec. 2. ) ## ARTICLE 2. Disposal of Metallic Discard [42170 - 42172] ( Article 2 added by Stats. 1991, Ch. 849, Sec. 2. )

    Verify source ↗

    After January 1, 1994, solid waste facilities may not accept certain salvageable metal-containing appliances, vehicles, or other metallic discards, and people may not place or dispose of those items in mixed municipal solid waste or on land, with a limited exception for compliant solid waste landfill operators.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 3.5. Metallic Discards [42160 - 42185] ( Chapter 3.5 added by Stats. 1991, Ch. 849, Sec. 2. ) ## ARTICLE 2. Disposal of Metallic Discard [42170 - 42172] ( Article 2 added by Stats. 1991, Ch. 849, Sec. 2. ) ## 42170. (a) After January 1, 1994, no solid waste facility shall accept for disposal any major appliance, vehicle, or other metallic discard which contains enough metal to be economically feasible to salvage as determined by the solid waste facility operator. (b) After January 1, 1994, no person shall place a major appliance or other metallic discard in mixed municipal solid waste or dispose of a major appliance or other metallic discard in or on land, except for a solid waste landfill operator who complies with subdivision (a). This material shall be delivered to a facility to process for reuse or recycling, placed in a solid waste facility for salvage, or disposed of at a solid waste landfill if economically infeasible to salvage. (c) Notwithstanding any other provision of law, any solid waste facility operator who salvages major appliances, vehicles, other metallic discards or other recyclables shall not be required to revise the solid waste facilities permit to implement these activities. (d) This section shall be subject to enforcement pursuant to Chapter 1 (commencing with Section 45000) of Part 5. (Added by Stats. 1991, Ch. 849, Sec. 2.)
  179. 42171.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 3.5. Metallic Discards [42160 - 42185] ( Chapter 3.5 added by Stats. 1991, Ch. 849, Sec. 2. ) ## ARTICLE 2. Disposal of Metallic Discard [42170 - 42172] ( Article 2 added by Stats. 1991, Ch. 849, Sec. 2. )

    Verify source ↗

    The board must evaluate whether recycling residue can be used as landfill cover material or as an extender, and report the results in the report required by Section 40507.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 3.5. Metallic Discards [42160 - 42185] ( Chapter 3.5 added by Stats. 1991, Ch. 849, Sec. 2. ) ## ARTICLE 2. Disposal of Metallic Discard [42170 - 42172] ( Article 2 added by Stats. 1991, Ch. 849, Sec. 2. ) ## 42171. The board shall evaluate the use of recycling residue for use as solid waste landfill cover materials or for use as extenders for currently used cover material. If used as daily cover or as extenders to daily cover, recycling residues shall have all of the physical characteristics required by regulations for cover materials adopted pursuant to Section 43020. The results of this evaluation shall be reported in the report required pursuant to Section 40507. (Amended by Stats. 1992, Ch. 1293, Sec. 3. Effective January 1, 1993.)
  180. 42172.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 3.5. Metallic Discards [42160 - 42185] ( Chapter 3.5 added by Stats. 1991, Ch. 849, Sec. 2. ) ## ARTICLE 2. Disposal of Metallic Discard [42170 - 42172] ( Article 2 added by Stats. 1991, Ch. 849, Sec. 2. )

    Verify source ↗

    The board must evaluate recycling residue in consultation with specified agencies, and recycling residue used as daily cover or as an extender in daily cover must meet the cover-material performance standards in the regulations under Section 43020.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 3.5. Metallic Discards [42160 - 42185] ( Chapter 3.5 added by Stats. 1991, Ch. 849, Sec. 2. ) ## ARTICLE 2. Disposal of Metallic Discard [42170 - 42172] ( Article 2 added by Stats. 1991, Ch. 849, Sec. 2. ) ## 42172. The board shall conduct its evaluation of recycling residue in consultation with the Department of Toxic Substances Control, the State Air Resources Board, the state water board, and any other agency having pertinent jurisdiction. Recycling residue used as daily cover or as extenders in daily cover shall meet performance standards and requirements for cover material as specified in the regulations adopted pursuant to Section 43020. (Amended by Stats. 1992, Ch. 1293, Sec. 4. Effective January 1, 1993.)
  181. 42175.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 3.5. Metallic Discards [42160 - 42185] ( Chapter 3.5 added by Stats. 1991, Ch. 849, Sec. 2. ) ## ARTICLE 3. Processing Metallic Discards [42175 - 42175.1] ( Article 3 added by Stats. 1991, Ch. 849, Sec. 2. )

    Verify source ↗

    Materials that require special handling must be removed from major appliances and vehicles before crushing or before transfer to a baler or shredder for recycling.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 3.5. Metallic Discards [42160 - 42185] ( Chapter 3.5 added by Stats. 1991, Ch. 849, Sec. 2. ) ## ARTICLE 3. Processing Metallic Discards [42175 - 42175.1] ( Article 3 added by Stats. 1991, Ch. 849, Sec. 2. ) ## 42175. Materials that require special handling shall be removed from major appliances and vehicles in which they are contained prior to crushing for transport or transferring to a baler or shredder for recycling. (Amended by Stats. 1997, Ch. 884, Sec. 4. Effective January 1, 1998.)
  182. 42175.1.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 3.5. Metallic Discards [42160 - 42185] ( Chapter 3.5 added by Stats. 1991, Ch. 849, Sec. 2. ) ## ARTICLE 3. Processing Metallic Discards [42175 - 42175.1] ( Article 3 added by Stats. 1991, Ch. 849, Sec. 2. )

    Verify source ↗

    Certain hazardous materials and mercury-containing vehicle light switches must be handled under specified Health and Safety Code articles when they become hazardous waste.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 3.5. Metallic Discards [42160 - 42185] ( Chapter 3.5 added by Stats. 1991, Ch. 849, Sec. 2. ) ## ARTICLE 3. Processing Metallic Discards [42175 - 42175.1] ( Article 3 added by Stats. 1991, Ch. 849, Sec. 2. ) ## 42175.1. (a) Any hazardous material that becomes a hazardous waste when released or removed from any major appliance shall be managed pursuant to Article 10.1 (commencing with Section 25211) of Chapter 6.5 of Division 20 of the Health and Safety Code. (b) Any mercury-containing motor vehicle light switch that becomes a hazardous waste when removed from any vehicle shall be managed pursuant to Article 10.2 (commencing with Section 25214.5) of Chapter 6.5 of Division 20 of the Health and Safety Code. (c) Failure to comply with the requirements of Section 42175 is a violation of Chapter 6.5 (commencing with Section 25100) of Division 20 of the Health and Safety Code. (Amended by Stats. 2002, Ch. 626, Sec. 10. Effective January 1, 2003.)
  183. 42185.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 3.5. Metallic Discards [42160 - 42185] ( Chapter 3.5 added by Stats. 1991, Ch. 849, Sec. 2. ) ## ARTICLE 4. Fees and Surcharges for Recycling Residue [42185- 42185.] ( Article 4 added by Stats. 1991, Ch. 849, Sec. 2. )

    Verify source ↗

    Cities and counties may not charge fees or surcharges on certain recycling residue disposal, except for specified fee types and related sections.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 3.5. Metallic Discards [42160 - 42185] ( Chapter 3.5 added by Stats. 1991, Ch. 849, Sec. 2. ) ## ARTICLE 4. Fees and Surcharges for Recycling Residue [42185- 42185.] ( Article 4 added by Stats. 1991, Ch. 849, Sec. 2. ) ## 42185. No city or county shall impose any fees, except facility operating fees, state-mandated fees, or fees pursuant to Sections 41901, 41902, 41903, and 43213, or surcharges on the disposal of recycling residue generated from the metals recovery and reuse of major appliances, vehicles, and other metallic discards, provided the residue is not delivered to the solid waste facility mixed with other solid waste. (Added by Stats. 1991, Ch. 849, Sec. 2.)
  184. 4220.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1.5. State Responsibility Area Fire Prevention Fees [4210 - 4229] ( Chapter 1.5 added by Stats. 2011, 1st Ex. Sess., Ch. 8, Sec. 1. ) ## ARTICLE 2. Appeals Process [4220 - 4228] ( Article 2 added by Stats. 2011, 1st Ex. Sess., Ch. 8, Sec. 1. )

    Verify source ↗

    A person assessed the fire prevention fee may ask for a redetermination of whether the chapter applies, but must do so within 30 days after notice; otherwise the amount becomes final.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1.5. State Responsibility Area Fire Prevention Fees [4210 - 4229] ( Chapter 1.5 added by Stats. 2011, 1st Ex. Sess., Ch. 8, Sec. 1. ) ## ARTICLE 2. Appeals Process [4220 - 4228] ( Article 2 added by Stats. 2011, 1st Ex. Sess., Ch. 8, Sec. 1. ) ## 4220. A person from whom the fire prevention fee is determined to be due under this chapter may petition for a redetermination of whether this chapter applies to that person within 30 days after service upon him or her of a notice of the determination. If a petition for redetermination is not filed within the 30-day period, the amount determined to be due becomes final at the expiration of the 30-day period. (Added by Stats. 2011, 1st Ex. Sess., Ch. 8, Sec. 1. (AB 29 1x) Effective July 8, 2011. Repealed as of January 1, 2031, pursuant to Section 4229.)
  185. 4220.1.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1.5. State Responsibility Area Fire Prevention Fees [4210 - 4229] ( Chapter 1.5 added by Stats. 2011, 1st Ex. Sess., Ch. 8, Sec. 1. ) ## ARTICLE 2. Appeals Process [4220 - 4228] ( Article 2 added by Stats. 2011, 1st Ex. Sess., Ch. 8, Sec. 1. )

    Verify source ↗

    Late petitions for redetermination may be treated as administrative protests or refund claims if the department finds the fee may have been excessive or caused by an error; such petitions are generally reviewed like timely petitions.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1.5. State Responsibility Area Fire Prevention Fees [4210 - 4229] ( Chapter 1.5 added by Stats. 2011, 1st Ex. Sess., Ch. 8, Sec. 1. ) ## ARTICLE 2. Appeals Process [4220 - 4228] ( Article 2 added by Stats. 2011, 1st Ex. Sess., Ch. 8, Sec. 1. ) ## 4220.1. If a petition for redetermination is filed after the expiration of the time period specified in Section 4220, the untimely petition may be treated as an administrative protest or claim for refund if the department determines that the facts presented indicate that the fire prevention fee originally determined may have been excessive or that the amount or the application of the fee may have been the result of an error by the department, its agent, or the State Board of Equalization. Petitions filed pursuant to this section shall generally be reviewed in the same manner as a timely petition for redetermination. (Added by Stats. 2014, Ch. 895, Sec. 6. (AB 2048) Effective January 1, 2015. Repealed as of January 1, 2031, pursuant to Section 4229.)
  186. 4221.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1.5. State Responsibility Area Fire Prevention Fees [4210 - 4229] ( Chapter 1.5 added by Stats. 2011, 1st Ex. Sess., Ch. 8, Sec. 1. ) ## ARTICLE 2. Appeals Process [4220 - 4228] ( Article 2 added by Stats. 2011, 1st Ex. Sess., Ch. 8, Sec. 1. )

    Verify source ↗

    A petition for redetermination must be written, sent to the department or its designee, and include the specific grounds and supporting documents.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1.5. State Responsibility Area Fire Prevention Fees [4210 - 4229] ( Chapter 1.5 added by Stats. 2011, 1st Ex. Sess., Ch. 8, Sec. 1. ) ## ARTICLE 2. Appeals Process [4220 - 4228] ( Article 2 added by Stats. 2011, 1st Ex. Sess., Ch. 8, Sec. 1. ) ## 4221. A petition for redetermination of the application of this chapter shall be in writing and be sent to the department or its designee. The petition shall state the specific grounds upon which the petition is founded and include supporting documentation. The petition may be amended to state additional grounds or provide additional documentation at any time prior to the date that the department issues its order or decision with regard to the petition for redetermination. (Amended by Stats. 2014, Ch. 895, Sec. 7. (AB 2048) Effective January 1, 2015. Repealed as of January 1, 2031, pursuant to Section 4229.)
  187. 4222.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1.5. State Responsibility Area Fire Prevention Fees [4210 - 4229] ( Chapter 1.5 added by Stats. 2011, 1st Ex. Sess., Ch. 8, Sec. 1. ) ## ARTICLE 2. Appeals Process [4220 - 4228] ( Article 2 added by Stats. 2011, 1st Ex. Sess., Ch. 8, Sec. 1. )

    Verify source ↗

    If a petition for redetermination is filed within 30 days, the department must reconsider whether the fee is due and issue a written determination. The department may also eliminate the fee if it finds the chapter does not apply to the petitioner.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1.5. State Responsibility Area Fire Prevention Fees [4210 - 4229] ( Chapter 1.5 added by Stats. 2011, 1st Ex. Sess., Ch. 8, Sec. 1. ) ## ARTICLE 2. Appeals Process [4220 - 4228] ( Article 2 added by Stats. 2011, 1st Ex. Sess., Ch. 8, Sec. 1. ) ## 4222. If a petition for redetermination of the application of this chapter is filed within the 30-day period, the department shall reconsider whether the fee is due and make a determination in writing. The department may eliminate the fee based on a determination that this chapter does not apply to the person who filed the petition. (Added by Stats. 2011, 1st Ex. Sess., Ch. 8, Sec. 1. (AB 29 1x) Effective July 8, 2011. Repealed as of January 1, 2031, pursuant to Section 4229.)
  188. 4222.5.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1.5. State Responsibility Area Fire Prevention Fees [4210 - 4229] ( Chapter 1.5 added by Stats. 2011, 1st Ex. Sess., Ch. 8, Sec. 1. ) ## ARTICLE 2. Appeals Process [4220 - 4228] ( Article 2 added by Stats. 2011, 1st Ex. Sess., Ch. 8, Sec. 1. )

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    If a timely petition for redetermination is filed under Section 4220, legal action to collect the fire prevention fee is stayed until the department makes its final determination under Section 4224.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1.5. State Responsibility Area Fire Prevention Fees [4210 - 4229] ( Chapter 1.5 added by Stats. 2011, 1st Ex. Sess., Ch. 8, Sec. 1. ) ## ARTICLE 2. Appeals Process [4220 - 4228] ( Article 2 added by Stats. 2011, 1st Ex. Sess., Ch. 8, Sec. 1. ) ## 4222.5. If a timely petition for redetermination has been filed pursuant to Section 4220, all legal action to collect the fire prevention fee shall be stayed pending the final determination of the department pursuant to Section 4224. (Added by Stats. 2011, 1st Ex. Sess., Ch. 8, Sec. 1. (AB 29 1x) Effective July 8, 2011. Repealed as of January 1, 2031, pursuant to Section 4229.)
  189. 4223.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1.5. State Responsibility Area Fire Prevention Fees [4210 - 4229] ( Chapter 1.5 added by Stats. 2011, 1st Ex. Sess., Ch. 8, Sec. 1. ) ## ARTICLE 2. Appeals Process [4220 - 4228] ( Article 2 added by Stats. 2011, 1st Ex. Sess., Ch. 8, Sec. 1. )

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    The notice of the department’s determination under Section 4222 must be served the same day on the board, the State Board of Equalization, and the person who filed the petition.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1.5. State Responsibility Area Fire Prevention Fees [4210 - 4229] ( Chapter 1.5 added by Stats. 2011, 1st Ex. Sess., Ch. 8, Sec. 1. ) ## ARTICLE 2. Appeals Process [4220 - 4228] ( Article 2 added by Stats. 2011, 1st Ex. Sess., Ch. 8, Sec. 1. ) ## 4223. Notice of the determination of the department pursuant to Section 4222 shall be served, on the same date, to the board, the State Board of Equalization, and the person who filed the petition. (Added by Stats. 2011, 1st Ex. Sess., Ch. 8, Sec. 1. (AB 29 1x) Effective July 8, 2011. Repealed as of January 1, 2031, pursuant to Section 4229.)
  190. 42230.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 5. Compost Market Program [42230 - 42246] ( Chapter 5 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## ARTICLE 1. Definitions [42230 - 42231] ( Article 1 added by Stats. 1989, Ch. 1096, Sec. 2. )

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    This section says the definitions in this article govern how the chapter is interpreted.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 5. Compost Market Program [42230 - 42246] ( Chapter 5 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## ARTICLE 1. Definitions [42230 - 42231] ( Article 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## 42230. The following definitions govern the construction of this chapter. (Added by Stats. 1989, Ch. 1096, Sec. 2.)
  191. 42231.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 5. Compost Market Program [42230 - 42246] ( Chapter 5 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## ARTICLE 1. Definitions [42230 - 42231] ( Article 1 added by Stats. 1989, Ch. 1096, Sec. 2. )

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    This section defines “compost.”

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 5. Compost Market Program [42230 - 42246] ( Chapter 5 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## ARTICLE 1. Definitions [42230 - 42231] ( Article 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## 42231. “Compost” means the product resulting from the controlled biological decomposition of organic wastes that are sources separated from the municipal solid waste stream. (Added by Stats. 1989, Ch. 1096, Sec. 2.)
  192. 4224.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1.5. State Responsibility Area Fire Prevention Fees [4210 - 4229] ( Chapter 1.5 added by Stats. 2011, 1st Ex. Sess., Ch. 8, Sec. 1. ) ## ARTICLE 2. Appeals Process [4220 - 4228] ( Article 2 added by Stats. 2011, 1st Ex. Sess., Ch. 8, Sec. 1. )

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    The department’s decision on a petition to redetermine the fire prevention fee becomes final 30 days after the petitioner is served notice of the determination.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1.5. State Responsibility Area Fire Prevention Fees [4210 - 4229] ( Chapter 1.5 added by Stats. 2011, 1st Ex. Sess., Ch. 8, Sec. 1. ) ## ARTICLE 2. Appeals Process [4220 - 4228] ( Article 2 added by Stats. 2011, 1st Ex. Sess., Ch. 8, Sec. 1. ) ## 4224. The order or decision of the department upon a petition for redetermination of the fire prevention fee shall become final 30 days after service upon the petitioner of notice of the determination. (Added by Stats. 2011, 1st Ex. Sess., Ch. 8, Sec. 1. (AB 29 1x) Effective July 8, 2011. Repealed as of January 1, 2031, pursuant to Section 4229.)
  193. 42240.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 5. Compost Market Program [42230 - 42246] ( Chapter 5 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## ARTICLE 2. Compost Market Program [42240 - 42246] ( Article 2 added by Stats. 1989, Ch. 1096, Sec. 2. )

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    The Department of General Services and the department must maintain compost purchase specifications for the State of California.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 5. Compost Market Program [42230 - 42246] ( Chapter 5 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## ARTICLE 2. Compost Market Program [42240 - 42246] ( Article 2 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## 42240. The Department of General Services and the department, in consultation with other affected state agencies, shall maintain specifications for the purchase of compost by the State of California. The specifications shall designate the state minimum operating standards and product quality standards. The specifications shall be designed to maximize the use of compost without jeopardizing the safety and health of the citizens of the state or the environment. (Amended by Stats. 2018, Ch. 238, Sec. 1. (AB 2411) Effective January 1, 2019.)
  194. 42241.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 5. Compost Market Program [42230 - 42246] ( Chapter 5 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## ARTICLE 2. Compost Market Program [42240 - 42246] ( Article 2 added by Stats. 1989, Ch. 1096, Sec. 2. )

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    The Department of Transportation must use compost instead of, or alongside, petroleum-based commercial fertilizers in the state highway landscape maintenance program.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 5. Compost Market Program [42230 - 42246] ( Chapter 5 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## ARTICLE 2. Compost Market Program [42240 - 42246] ( Article 2 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## 42241. The Department of Transportation shall use compost in place of, or to supplement, petroleum-based commercial fertilizers in the state’s highway landscape maintenance program. (Amended by Stats. 2018, Ch. 238, Sec. 2. (AB 2411) Effective January 1, 2019.)
  195. 42241.3.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 5. Compost Market Program [42230 - 42246] ( Chapter 5 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## ARTICLE 2. Compost Market Program [42240 - 42246] ( Article 2 added by Stats. 1989, Ch. 1096, Sec. 2. )

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    The department must identify compost roadway best practices and create an implementation plan by December 31, 2019, working with the Department of Transportation. It must also review and update those best practices at least every five years.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 5. Compost Market Program [42230 - 42246] ( Chapter 5 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## ARTICLE 2. Compost Market Program [42240 - 42246] ( Article 2 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## 42241.3. (a) On or before December 31, 2019, the department, in coordination with the Department of Transportation, shall do both of the following: (1) Identify best practices for each of the Department of Transportation’s 12 districts regarding the cost-effective use of compost along roadways. The best practices shall reflect the highest and best use of compost, taking into consideration the circumstances particular to each jurisdiction. (2) Develop a plan to implement the best practices identified pursuant to paragraph (1) in each of the Department of Transportation’s 12 districts. (b) The department shall review the best practices identified pursuant to paragraph (1) of subdivision (a) at least once every five years, and update the best practices as necessary. (Added by Stats. 2018, Ch. 238, Sec. 3. (AB 2411) Effective January 1, 2019.)
  196. 42241.5.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 5. Compost Market Program [42230 - 42246] ( Chapter 5 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## ARTICLE 2. Compost Market Program [42240 - 42246] ( Article 2 added by Stats. 1989, Ch. 1096, Sec. 2. )

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    The department may develop a program to increase the use of compost products in agricultural applications.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 5. Compost Market Program [42230 - 42246] ( Chapter 5 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## ARTICLE 2. Compost Market Program [42240 - 42246] ( Article 2 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## 42241.5. The department may develop a program to increase the use of compost products in agricultural applications. The program may include, but shall not be limited to, either or both of the following: (a) Identification of federal, state, and local financial assistance. (b) Cooperative efforts with appropriate federal and state agencies. (Amended by Stats. 2018, Ch. 238, Sec. 4. (AB 2411) Effective January 1, 2019.)
  197. 42243.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 5. Compost Market Program [42230 - 42246] ( Chapter 5 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## ARTICLE 2. Compost Market Program [42240 - 42246] ( Article 2 added by Stats. 1989, Ch. 1096, Sec. 2. )

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    Three California departments must start programs to restore public lands and use compost-related materials wherever possible.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 5. Compost Market Program [42230 - 42246] ( Chapter 5 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## ARTICLE 2. Compost Market Program [42240 - 42246] ( Article 2 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## 42243. The Department of Forestry and Fire Protection, the Department of Parks and Recreation, and the Department of General Services shall initiate programs to restore public lands that use compost, co-compost, rice straw, and chemically fixed sewage sludge and shall use those products or materials wherever possible. (Amended by Stats. 2018, Ch. 238, Sec. 5. (AB 2411) Effective January 1, 2019.)
  198. 42243.5.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 5. Compost Market Program [42230 - 42246] ( Chapter 5 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## ARTICLE 2. Compost Market Program [42240 - 42246] ( Article 2 added by Stats. 1989, Ch. 1096, Sec. 2. )

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    The department must develop and implement a plan to maximize compost use for slope stabilization and vegetation establishment after wildfire debris removal services.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 5. Compost Market Program [42230 - 42246] ( Chapter 5 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## ARTICLE 2. Compost Market Program [42240 - 42246] ( Article 2 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## 42243.5. On or before December 31, 2019, the department shall develop and implement a plan to maximize the use of compost for slope stabilization and for establishing vegetation in the course of providing debris removal services following a wildfire. (Added by Stats. 2018, Ch. 238, Sec. 6. (AB 2411) Effective January 1, 2019.)
  199. 42244.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 5. Compost Market Program [42230 - 42246] ( Chapter 5 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## ARTICLE 2. Compost Market Program [42240 - 42246] ( Article 2 added by Stats. 1989, Ch. 1096, Sec. 2. )

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    The department must evaluate certain compost-related materials for use as landfill cover or as extenders for existing cover material.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 5. Compost Market Program [42230 - 42246] ( Chapter 5 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## ARTICLE 2. Compost Market Program [42240 - 42246] ( Article 2 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## 42244. The department shall evaluate compost, co-compost, and chemically fixed sewage sludge for use as solid waste landfill cover materials or for use as extenders for currently used cover material. Compost, co-compost, and chemically fixed sewage sludge products, when used as a substitute for or mixed with currently approved cover material, shall possess all the physical characteristics required in the definition of a cover material. (Amended by Stats. 2018, Ch. 238, Sec. 7. (AB 2411) Effective January 1, 2019.)
  200. 42244.5.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 5. Compost Market Program [42230 - 42246] ( Chapter 5 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## ARTICLE 2. Compost Market Program [42240 - 42246] ( Article 2 added by Stats. 1989, Ch. 1096, Sec. 2. )

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    The board must evaluate rice straw for use as landfill cover material or as an extender, and include the evaluation results in the report required by Section 40507.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 5. Compost Market Program [42230 - 42246] ( Chapter 5 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## ARTICLE 2. Compost Market Program [42240 - 42246] ( Article 2 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## 42244.5. On or before January 1, 1994, the board shall evaluate rice straw for use as a solid waste landfill cover material or for use as an extender for currently used cover material. Rice straw or rice straw materials, when used as a substitute for or mixed with currently approved cover material, shall possess all the physical characteristics required in the definition of a cover material. The results of the evaluation shall be included in the report required pursuant to Section 40507. (Added by Stats. 1992, Ch. 1207, Sec. 4. Effective January 1, 1993.)

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