Public Resources Code — Part 21 | PRC — United States — California law | Esheria

Public Resources Code

Part 21 of 41 · provisions 4,001–4,200

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

Showing 200 of 8,095

  1. 42245.

    ## 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 approve, case by case, certain compost-related materials for landfill cover use if they meet performance standards and the approval is based on the Section 42244 evaluation.

    ## 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. ) ## 42245. Based on the results of the evaluation conducted in accordance with Section 42244, the department may, on a case-by-case basis, approve the use of compost, co-compost, and chemically fixed sewage sludge, that meet the performance standards for cover material, for up to 25 percent of landfill cover materials or landfill cover extenders. (Amended by Stats. 2018, Ch. 238, Sec. 8. (AB 2411) Effective January 1, 2019.)
  2. 42246.

    ## 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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    A procuring agency preparing a bid request for commercial fertilizers or soil amendment products must document its determination if using compost, co-compost, or chemically fixed sewage sludge would jeopardize public health, safety, or the project’s intended result.

    ## 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. ) ## 42246. Any procuring agency that prepares a request for bid for commercial fertilizers or soil amendment products shall document its determination that the use of a compost, co-compost, or chemically fixed sewage sludge would jeopardize public health or safety or would jeopardize the intended result of the project. (Added by Stats. 1989, Ch. 1096, Sec. 2.)
  3. 4225.

    ## 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 fire prevention fee is due when it becomes final. If it is not paid on time, a penalty applies, with different rules after January 1, 2015.

    ## 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. ) ## 4225. (a) (1) The fire prevention fee determined to be due by the department pursuant to this article is due and payable at the time it becomes final, and if it is not paid when due and payable, notwithstanding the penalty imposed pursuant to Section 55042 of the Revenue and Taxation Code, a penalty of 20 percent of the fee determined to be due shall be added to the amount due and payable for each 30-day period in which the fee remains unpaid. (2) On and after January 1, 2015, the penalty imposed pursuant to paragraph (1) shall not be imposed or added to any fee that remains unpaid or any fee that is not paid when due and payable. (b) On and after January 1, 2015, the fire prevention fee determined to be due by the department pursuant to this article 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. (Amended by Stats. 2014, Ch. 895, Sec. 8. (AB 2048) Effective January 1, 2015. Repealed as of January 1, 2031, pursuant to Section 4229.)
  4. 4226.

    ## 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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    This section says how written notice must be served: by mail in a sealed, postage-paid envelope to the petitioner’s address on department records, or personally by delivery to the person served.

    ## 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. ) ## 4226. Written notice required by this article shall be served as follows: (a) The notice shall be placed in a sealed envelope, with postage paid, addressed to the petitioner at his or her 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. (b) 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. (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.)
  5. 4227.

    ## 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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    Disputes about the fire prevention fee under this chapter must be resolved only under 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 1.5. 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. ) ## 4227. A dispute regarding the fire prevention fee imposed by this chapter shall be resolved pursuant to this article only. (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.)
  6. 42270.

    ## 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 5.2. Single-Use Foodware Accessories and Condiments [42270 - 42273] ( Heading of Chapter 5.2 amended by Stats. 2021, Ch. 505, Sec. 1. )

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    This section defines key terms used in Chapter 5.2, including consumer, food facility, ready-to-eat food, single-use, single-use foodware accessory, standard condiment, and third-party food delivery platform.

    ## 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 5.2. Single-Use Foodware Accessories and Condiments [42270 - 42273] ( Heading of Chapter 5.2 amended by Stats. 2021, Ch. 505, Sec. 1. ) ## 42270. For purposes of this chapter, the following definitions apply: (a) “Consumer” has the same meaning as in Section 113757 of the Health and Safety Code. (b) “Food facility” has the same meaning as in Section 113789 of the Health and Safety Code. (c) “Ready-to-eat food” has the same meaning as in Section 113881 of the Health and Safety Code. (d) “Single-use” means designed to be used once and then discarded, and not designed for repeated use and sanitizing. (e) “Single-use foodware accessory” means all of the following single-use items provided alongside ready-to-eat food: (1) Utensils, which is defined as forks, knives, spoons, and sporks. (2) Chopsticks. (3) Condiment cups and packets. (4) Straws. (5) Stirrers. (6) Splash sticks. (7) Cocktail sticks. (f) “Standard condiment” means relishes, spices, sauces, confections, or seasonings that require no additional preparation and that are usually used on a food item after preparation, including ketchup, mustard, mayonnaise, soy sauce, hot sauce, salsa, salt, pepper, sugar, and sugar substitutes. (g) “Third-party food delivery platform” has the same meaning as in Section 113930.5 of the Health and Safety Code. (Amended by Stats. 2021, Ch. 505, Sec. 2. (AB 1276) Effective January 1, 2022.)
  7. 42271.

    ## 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 5.2. Single-Use Foodware Accessories and Condiments [42270 - 42273] ( Heading of Chapter 5.2 amended by Stats. 2021, Ch. 505, Sec. 1. )

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    Food facilities and third-party delivery platforms have limits on when they may provide single-use foodware accessories and standard condiments.

    ## 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 5.2. Single-Use Foodware Accessories and Condiments [42270 - 42273] ( Heading of Chapter 5.2 amended by Stats. 2021, Ch. 505, Sec. 1. ) ## 42271. (a) Except as provided in subdivisions (c) and (d), a food facility, for on-premises dining or when using a third-party food delivery platform, shall not provide any single-use foodware accessory or standard condiment packaged for single use to a consumer unless the single-use foodware accessory or standard condiment is requested by the consumer. (b) Single-use foodware accessories and standard condiments packaged for single use provided by food facilities for use by consumers shall not be bundled or packaged in a manner that prohibits a consumer from taking only the type of single-use foodware accessory or standard condiment desired without also having to take a different type of single-use foodware accessory or standard condiment. (c) A food facility may ask a drive-through consumer if the consumer wants a single-use foodware accessory if the single-use foodware accessory is necessary for the consumer to consume ready-to-eat food, or to prevent spills of or safely transport ready-to-eat food. (d) A food facility that is located entirely within a public use airport, as defined in Section 77.3 of Title 14 of the Code of Federal Regulations, may ask a walk-through consumer if the consumer wants a single-use foodware accessory if the single-use foodware accessory is necessary for the consumer to consume ready-to-eat food, or to prevent spills of or safely transport ready-to-eat food. (e) (1) A third-party food delivery platform shall provide consumers with the option to request single-use foodware accessories or standard condiments from a food facility serving ready-to-eat food. (2) If a food facility uses any third-party delivery platform for ready-to-eat food, the food facility shall customize its menu with a list of available single-use foodware accessories and standard condiments, and only those single-use foodware accessories or standard condiments selected by the consumer shall be provided by the food facility. If a consumer does not select any single-use foodware accessories or standard condiments, no single-use foodware accessory or standard condiment shall be provided by the food facility for delivery of ready-to-eat food. (f) Nothing in this section shall prohibit a food facility from making unwrapped single-use foodware accessories available to a consumer using refillable self-service dispensers that dispense one item at a time to allow for single-use foodware accessories to be obtained. (g) Nothing in this section shall prohibit a food facility from making standard condiments available to a consumer using refillable self-service dispensers to allow for standard condiments to be obtained. A food facility that offers standard condiments is encouraged to use bulk dispensers for the condiments rather than condiments packaged for single use. (h) Nothing in this section shall prevent a city, county, city and county, or other local public agency from adopting and implementing an ordinance or rule that would further restrict a food facility or a third-party food delivery platform from providing single-use foodware accessories or standard condiments to a consumer. (i) A food facility is encouraged, but not required, to take actions in addition to the requirements of this section that support a goal of reducing the use of and waste generated by all single-use food service products. (Amended by Stats. 2021, Ch. 505, Sec. 3. (AB 1276) Effective January 1, 2022.)
  8. 42272.

    ## 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 5.2. Single-Use Foodware Accessories and Condiments [42270 - 42273] ( Heading of Chapter 5.2 amended by Stats. 2021, Ch. 505, Sec. 1. )

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    By June 1, 2022, a city, county, or city and county must authorize an enforcement agency to enforce this chapter.

    ## 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 5.2. Single-Use Foodware Accessories and Condiments [42270 - 42273] ( Heading of Chapter 5.2 amended by Stats. 2021, Ch. 505, Sec. 1. ) ## 42272. (a) On or before June 1, 2022, a city, county, or city and county shall authorize an enforcement agency to enforce this chapter. (b) The first and second violations of this chapter shall result in a notice of violation, and any subsequent violation shall constitute an infraction punishable by a fine of twenty-five dollars ($25) for each day in violation, but not to exceed three hundred dollars ($300) annually. (Added by Stats. 2021, Ch. 505, Sec. 4. (AB 1276) Effective January 1, 2022.)
  9. 42273.

    ## 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 5.2. Single-Use Foodware Accessories and Condiments [42270 - 42273] ( Heading of Chapter 5.2 amended by Stats. 2021, Ch. 505, Sec. 1. )

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    This chapter does not apply to correctional institutions, certain licensed health care facilities, certain residential care facilities, or public and private school cafeterias.

    ## 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 5.2. Single-Use Foodware Accessories and Condiments [42270 - 42273] ( Heading of Chapter 5.2 amended by Stats. 2021, Ch. 505, Sec. 1. ) ## 42273. This chapter does not apply to any of the following: (a) Correctional institutions, which has the same meaning as in Section 7502 of the Penal Code. (b) Health care facilities licensed pursuant to Article 1 (commencing with Section 1250) of Chapter 2 of Division 2 of the Health and Safety Code or facilities that are owned or operated by a health care service plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code. (c) Residential care facilities licensed pursuant to Division 2 (commencing with Section 1200) of the Health and Safety Code. (d) Public and private school cafeterias, as referenced in paragraph (1) of subdivision (b) of Section 113789 of the Health and Safety Code. (Added by Stats. 2021, Ch. 505, Sec. 5. (AB 1276) Effective January 1, 2022.)
  10. 42279.

    ## 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 5.3. Single-Use Carryout Bags [42279 - 42288] ( Chapter 5.3 added by Stats. 2014, Ch. 850, Sec. 1. ) ## ARTICLE 1. Legislative Findings and Declarations [42279- 42279.] ( Article 1 added by Stats. 2024, Ch. 453, Sec. 1. )

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    The Legislature states its findings and intent about banning single-use carryout bags and reducing plastic bag 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 5.3. Single-Use Carryout Bags [42279 - 42288] ( Chapter 5.3 added by Stats. 2014, Ch. 850, Sec. 1. ) ## ARTICLE 1. Legislative Findings and Declarations [42279- 42279.] ( Article 1 added by Stats. 2024, Ch. 453, Sec. 1. ) ## 42279. (a) The Legislature finds and declares both of the following: (1) In November 2016, voters approved Proposition 67, a statewide referendum to uphold Senate Bill 270 (Chapter 850 of the Statutes of 2014) that banned single-use carryout bags. As a result, most grocery stores, retail stores with a pharmacy, convenience food stores, foodmarts, and liquor stores no longer provide single-use, lightweight, plastic carryout bags to their customers at the point of sale. (2) Senate Bill 270 (Chapter 850 of the Statutes of 2014) allowed the use of thicker plastic carryout bags that were deemed reusable if they met specified standards. These thicker plastic carryout bags were not generally reused by consumers and resulted in an increased amount of plastic and plastic waste. (b) It is the intent of the Legislature to do all of the following: (1) Support and reflect the will of California voters who voted to ban the distribution of plastic carryout bags at stores. (2) Incentivize California consumers to bring their own reusable bag for carrying out store purchases, with stores encouraging and supporting this practice, which will reduce the costly and wasteful practice of relying on store-provided carryout bags. (3) Support sustainable and thriving communities and natural environments that are not burdened with pollution from plastic production nor littered with plastic waste. (4) Eliminate plastic film carryout bags from grocery store distribution and increase the recycling of paper carryout bags. (5) Reduce the proliferation of plastic pollution by eliminating the existing provision of law that allows plastic film carryout bags to be distributed as reusable bags under the state’s bag ban. (Added by Stats. 2024, Ch. 453, Sec. 1. (SB 1053) Effective January 1, 2025.)
  11. 4228.

    ## 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 the department determines a person is entitled to a refund of all or part of the fire prevention fee, that person must make a claim to the State Board of Equalization.

    ## 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. ) ## 4228. If the department determines that a person is entitled to a refund of all or part of the fire prevention fee paid pursuant to this chapter, 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. (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.)
  12. 42280.

    ## 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 5.3. Single-Use Carryout Bags [42279 - 42288] ( Chapter 5.3 added by Stats. 2014, Ch. 850, Sec. 1. ) ## ARTICLE 1.5. Definitions [42280- 42280.] ( Heading of Article 1.5 renumbered from Article 1 by Stats. 2024, Ch. 453, Sec. 2. )

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    This section defines key terms used for the single-use carryout bag chapter.

    ## 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 5.3. Single-Use Carryout Bags [42279 - 42288] ( Chapter 5.3 added by Stats. 2014, Ch. 850, Sec. 1. ) ## ARTICLE 1.5. Definitions [42280- 42280.] ( Heading of Article 1.5 renumbered from Article 1 by Stats. 2024, Ch. 453, Sec. 2. ) ## 42280. For purposes of this chapter, the following definitions apply: (a) (1) “Carryout bag” means a bag of plastic, paper, or other material that is provided by a store to a customer at the point of sale for the purpose of carrying purchased goods and that is not a recycled paper bag. (2) A carryout bag does not include any of the following: (A) A bag provided by a pharmacy pursuant to Chapter 9 (commencing with Section 4000) of Division 2 of the Business and Professions Code to a customer purchasing a prescription medication. (B) A nonhandled bag used to protect a purchased item from damaging or contaminating other purchased items when placed in a recycled paper bag or a compostable plastic bag. (C) A precheckout bag, as defined in subdivision (b) of Section 42281.2. (D) A nonhandled bag that is designed to be placed over articles of clothing on a hanger, such as a garment bag used in dry cleaning or laundry services. (b) “Department” means the Department of Resources Recycling and Recovery. (c) “Point of sale” means a place where purchased goods may be transferred to a customer, including, but not limited to, a checkout counter, self-checkout kiosk, in-store pickup, curbside delivery, and home delivery. (d) “Postconsumer recycled material” means a material that would otherwise be destined for solid waste disposal, having completed its intended end use and product life cycle. Postconsumer recycled material does not include materials and byproducts generated from, and commonly reused within, an original manufacturing and fabrication process. (e) “Recycled paper bag” means a paper carryout bag provided by a store to a customer at the point of sale that meets all of the following requirements: (1) Is accepted for recycling in curbside programs in a majority of households that have access to curbside recycling programs in the state. (2) Has printed on the bag the name of the manufacturer, the country where the bag was manufactured, and the percentage of postconsumer content. (3) (A) Contains a minimum of 50 percent postconsumer recycled materials. (B) The requirement in subparagraph (A) applies on and after January 1, 2028. (f) “Store” means a retail establishment that meets any of the following requirements: (1) A full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000) or more that sells a line of dry groceries, canned goods, or nonfood items, and some perishable items. (2) Has at least 10,000 square feet of retail space that generates sales or use tax pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5 (commencing with Section 7200) of Division 2 of the Revenue and Taxation Code) and has a pharmacy licensed pursuant to Chapter 9 (commencing with Section 4000) of Division 2 of the Business and Professions Code. (3) Is a convenience food store, foodmart, or other entity that is engaged in the retail sale of a limited line of goods, generally including milk, bread, soda, and snack foods, and that holds a Type 20 or Type 21 license issued by the Department of Alcoholic Beverage Control. (4) Is a convenience food store, foodmart, or other entity that is engaged in the retail sale of goods intended to be consumed off the premises, and that holds a Type 20 or Type 21 license issued by the Department of Alcoholic Beverage Control. (5) If not otherwise subject to paragraph (1), (2), (3), or (4), if the retail establishment voluntarily agrees to comply with the requirements imposed upon a store pursuant to this chapter, irrevocably notifies the department of its intent to comply with the requirements imposed upon a store pursuant to this chapter, and complies with the requirements established pursuant to Section 42284. (g) This section shall become operative on January 1, 2026. (Repealed (in Sec. 3) and added by Stats. 2024, Ch. 453, Sec. 4. (SB 1053) Effective January 1, 2025. Operative January 1, 2026, by its own provisions.)
  13. 42281.2.

    ## 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 5.3. Single-Use Carryout Bags [42279 - 42288] ( Chapter 5.3 added by Stats. 2014, Ch. 850, Sec. 1. ) ## ARTICLE 2. Reusable Grocery Bags [42281.2- 42281.2.] ( Article 2 added by Stats. 2014, Ch. 850, Sec. 1. )

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    Starting January 1, 2025, a store must not provide a precheckout bag to a customer unless the bag is a qualifying compostable bag or a recycled paper bag.

    ## 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 5.3. Single-Use Carryout Bags [42279 - 42288] ( Chapter 5.3 added by Stats. 2014, Ch. 850, Sec. 1. ) ## ARTICLE 2. Reusable Grocery Bags [42281.2- 42281.2.] ( Article 2 added by Stats. 2014, Ch. 850, Sec. 1. ) ## 42281.2. (a) On and after January 1, 2025, a store, as defined in Section 42280, shall not provide a precheckout bag to a customer if the bag is not one of the following: (1) A compostable bag that meets all of the following criteria: (A) Complies with the standards described in Section 42357.5. (B) Is eligible to be labeled with the terms “compostable” or “home compostable” pursuant to Section 42357. (C) Has a minimum 15-inch mouth width. (2) A recycled paper bag. (b) For purposes of this section, a “precheckout bag” means a bag provided to a customer before the customer reaches the point of sale, that is designed to protect a purchased item from damaging or contaminating other purchased items in a checkout bag, or to contain an unwrapped food item, such as, but not limited to, loose produce, meat or fish, nuts, grains, candy, and bakery goods. “Precheckout bag” does not include a bag used to prepackage items prior to their arrival in a store. (Added by Stats. 2022, Ch. 991, Sec. 1. (SB 1046) Effective January 1, 2023.)
  14. 42283.

    ## 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 5.3. Single-Use Carryout Bags [42279 - 42288] ( Chapter 5.3 added by Stats. 2014, Ch. 850, Sec. 1. ) ## ARTICLE 3. Single-Use Carryout Bags [42283 - 42284] ( Article 3 added by Stats. 2014, Ch. 850, Sec. 1. )

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    Stores generally may not provide, distribute, or sell carryout bags at the point of sale, except as allowed for certain recycled paper bags and qualifying carryout bags.

    ## 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 5.3. Single-Use Carryout Bags [42279 - 42288] ( Chapter 5.3 added by Stats. 2014, Ch. 850, Sec. 1. ) ## ARTICLE 3. Single-Use Carryout Bags [42283 - 42284] ( Article 3 added by Stats. 2014, Ch. 850, Sec. 1. ) ## 42283. (a) Except as provided in subdivisions (b) and (c), a store shall not provide, distribute, or sell a carryout bag at the point of sale. (b) (1) A store may make available for purchase at the point of sale a recycled paper bag but shall not sell a recycled paper bag for less than ten cents ($0.10) in order to ensure that the cost of providing a recycled paper bag is not subsidized by a consumer who does not require that bag. (2) Notwithstanding any other law, a store that makes recycled paper bags available for purchase at the point of sale shall provide a recycled paper bag at no cost at the point of sale to a customer using a payment card or voucher issued by the California Special Supplemental Nutrition Program for Women, Infants, and Children pursuant to Article 2 (commencing with Section 123275) of Chapter 1 of Part 2 of Division 106 of the Health and Safety Code or an electronic benefit transfer card issued pursuant to Section 10072 of the Welfare and Institutions Code. (c) A store may provide at the point of sale a carryout bag that meets the requirements of subparagraph (A), (B), or (D) of paragraph (2) of subdivision (a) of Section 42280. (d) A store shall not require a customer to use, purchase, or accept a recycled paper bag or a compostable bag as a condition of sale of any product. (e) This section shall become operative on January 1, 2026. (Amended (as added by Stats. 2024, Ch. 453, Sec. 10) by Stats. 2025, Ch. 67, Sec. 168. (AB 1170) Effective January 1, 2026.)
  15. 42283.5.

    ## 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 5.3. Single-Use Carryout Bags [42279 - 42288] ( Chapter 5.3 added by Stats. 2014, Ch. 850, Sec. 1. ) ## ARTICLE 3. Single-Use Carryout Bags [42283 - 42284] ( Article 3 added by Stats. 2014, Ch. 850, Sec. 1. )

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    A store covered by this section must follow the same requirements that Section 42283 applies to certain other stores.

    ## 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 5.3. Single-Use Carryout Bags [42279 - 42288] ( Chapter 5.3 added by Stats. 2014, Ch. 850, Sec. 1. ) ## ARTICLE 3. Single-Use Carryout Bags [42283 - 42284] ( Article 3 added by Stats. 2014, Ch. 850, Sec. 1. ) ## 42283.5. (a) A store, as defined in paragraph (5) of subdivision (f) of Section 42280, shall comply with the same requirements of Section 42283 that are imposed upon a store, as defined in paragraphs (1) to (4), inclusive, of subdivision (f) of Section 42280. (b) This section shall become operative on January 1, 2026. (Repealed (in Sec. 11) and added by Stats. 2024, Ch. 453, Sec. 12. (SB 1053) Effective January 1, 2025. Operative January 1, 2026, by its own provisions.)
  16. 42283.7.

    ## 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 5.3. Single-Use Carryout Bags [42279 - 42288] ( Chapter 5.3 added by Stats. 2014, Ch. 850, Sec. 1. ) ## ARTICLE 3. Single-Use Carryout Bags [42283 - 42284] ( Article 3 added by Stats. 2014, Ch. 850, Sec. 1. )

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    Stores must keep all money collected under this article and may spend it only on the listed bag-related 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 5.3. Single-Use Carryout Bags [42279 - 42288] ( Chapter 5.3 added by Stats. 2014, Ch. 850, Sec. 1. ) ## ARTICLE 3. Single-Use Carryout Bags [42283 - 42284] ( Article 3 added by Stats. 2014, Ch. 850, Sec. 1. ) ## 42283.7. All moneys collected pursuant to this article shall be retained by the store and may be used only for the following purposes: (a) Costs associated with complying with the requirements of this article. (b) Actual costs of providing recycled paper bags or reusable grocery bags. (c) Costs associated with a store’s educational materials or educational campaign encouraging the use of reusable grocery bags. (Added by Stats. 2014, Ch. 850, Sec. 1. (SB 270) Effective date postponed (until November 9, 2016) by referendum petition. Approved in referendum Proposition 67 at the November 8, 2016, election.)
  17. 42284.

    ## 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 5.3. Single-Use Carryout Bags [42279 - 42288] ( Chapter 5.3 added by Stats. 2014, Ch. 850, Sec. 1. ) ## ARTICLE 3. Single-Use Carryout Bags [42283 - 42284] ( Article 3 added by Stats. 2014, Ch. 850, Sec. 1. )

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    A qualifying retail establishment may become regulated as a store by giving the department an irrevocable written notice, and the department must acknowledge it, set the regulation date, and post the establishment’s locations online.

    ## 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 5.3. Single-Use Carryout Bags [42279 - 42288] ( Chapter 5.3 added by Stats. 2014, Ch. 850, Sec. 1. ) ## ARTICLE 3. Single-Use Carryout Bags [42283 - 42284] ( Article 3 added by Stats. 2014, Ch. 850, Sec. 1. ) ## 42284. (a) A retail establishment not specifically required to comply with the requirements of this chapter is encouraged to reduce its distribution of carryout bags. (b) Pursuant to the provisions of paragraph (5) of subdivision (f) of Section 42280, any retail establishment that is not a “store,” that provides the department with the irrevocable written notice as specified in subdivision (c), shall be regulated as a “store” for the purposes of this chapter. (c) The irrevocable written notice shall be dated and signed by an authorized representative of the retail establishment, and shall include the name and physical address of all retail locations covered by the notice. The department shall acknowledge receipt of the notice in writing and shall specify the date the retail establishment will be regulated as a “store,” which shall not be less than 30 days after the date of the department’s acknowledgment. The department shall post on its internet website, organized by county, the name and physical location or locations of each retail establishment that has elected to be regulated as a “store.” (d) This section shall become operative on January 1, 2026. (Repealed (in Sec. 14) and added by Stats. 2024, Ch. 453, Sec. 15. (SB 1053) Effective January 1, 2025. Operative January 1, 2026, by its own provisions.)
  18. 42285.

    ## 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 5.3. Single-Use Carryout Bags [42279 - 42288] ( Chapter 5.3 added by Stats. 2014, Ch. 850, Sec. 1. ) ## ARTICLE 4. Enforcement [42285- 42285.] ( Article 4 added by Stats. 2014, Ch. 850, Sec. 1. )

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    Certain public authorities may impose daily civil liability on a person or entity that violated this chapter, with amounts increasing for first, second, and later 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 5.3. Single-Use Carryout Bags [42279 - 42288] ( Chapter 5.3 added by Stats. 2014, Ch. 850, Sec. 1. ) ## ARTICLE 4. Enforcement [42285- 42285.] ( Article 4 added by Stats. 2014, Ch. 850, Sec. 1. ) ## 42285. (a) A city, a county, a city and county, or the state may impose civil liability on a person or entity that knowingly violated this chapter, or reasonably should have known that it violated this chapter, in the amount of one thousand dollars ($1,000) per day for the first violation of this chapter, two thousand dollars ($2,000) per day for the second violation, and five thousand dollars ($5,000) per day for the third and subsequent violations. (b) Any civil penalties collected pursuant to subdivision (a) shall be paid to the office of the city attorney, city prosecutor, district attorney, or Attorney General, whichever office brought the action. The penalties collected pursuant to this section by the Attorney General may be expended by the Attorney General, upon appropriation by the Legislature, to enforce this chapter. (Added by Stats. 2014, Ch. 850, Sec. 1. (SB 270) Effective date postponed (until November 9, 2016) by referendum petition. Approved in referendum Proposition 67 at the November 8, 2016, election.)
  19. 42287.

    ## 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 5.3. Single-Use Carryout Bags [42279 - 42288] ( Chapter 5.3 added by Stats. 2014, Ch. 850, Sec. 1. ) ## ARTICLE 5. Preemption [42287- 42287.] ( Article 5 added by Stats. 2014, Ch. 850, Sec. 1. )

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    This section mainly blocks local governments from enforcing newer bag rules against stores, with limited grandfathering and pricing 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 5.3. Single-Use Carryout Bags [42279 - 42288] ( Chapter 5.3 added by Stats. 2014, Ch. 850, Sec. 1. ) ## ARTICLE 5. Preemption [42287- 42287.] ( Article 5 added by Stats. 2014, Ch. 850, Sec. 1. ) ## 42287. (a) Except as provided in subdivision (c), this chapter is a matter of statewide interest and concern and is applicable uniformly throughout the state. Accordingly, this chapter occupies the whole field of regulation of reusable grocery bags, single-use carryout bags, and recycled paper bags, as defined in this chapter, provided by a store, as defined in this chapter. (b) On and after January 1, 2015, a city, county, or other local public agency shall not enforce, or otherwise implement, an ordinance, resolution, regulation, or rule, or any amendment thereto, adopted on or after September 1, 2014, relating to reusable grocery bags, single-use carryout bags, or recycled paper bags, against a store, as defined in this chapter, unless expressly authorized by this chapter. (c) (1) A city, county, or other local public agency that has adopted, before September 1, 2014, an ordinance, resolution, regulation, or rule relating to reusable grocery bags, single-use carryout bags, or recycled paper bags may continue to enforce and implement that ordinance, resolution, regulation, or rule that was in effect before that date. Any amendments to that ordinance, resolution, regulation, or rule on or after January 1, 2015, shall be subject to subdivision (b), except the city, county, or other local public agency may adopt or amend an ordinance, resolution, regulation, or rule to increase the amount that a store shall charge with regard to a recycled paper bag, compostable bag, or reusable grocery bag to no less than the amount specified in Section 42283. (2) A city, county, or other local public agency not covered by paragraph (1) that, before September 1, 2014, has passed a first reading of an ordinance or resolution expressing the intent to restrict single-use carryout bags and, before January 1, 2015, adopts an ordinance to restrict single-use carryout bags, may continue to enforce and implement the ordinance that was in effect before January 1, 2015. (Added by Stats. 2014, Ch. 850, Sec. 1. (SB 270) Effective date postponed (until November 9, 2016) by referendum petition. Approved in referendum Proposition 67 at the November 8, 2016, election.)
  20. 42288.

    ## 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 5.3. Single-Use Carryout Bags [42279 - 42288] ( Chapter 5.3 added by Stats. 2014, Ch. 850, Sec. 1. ) ## ARTICLE 6. Financial Provisions [42288- 42288.] ( Article 6 added by Stats. 2014, Ch. 850, Sec. 1. )

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    This section appropriates $2 million for loans supporting reusable grocery bag manufacturing and recycling, and requires loan recipients to retain and retrain existing employees as a condition of the loan.

    ## 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 5.3. Single-Use Carryout Bags [42279 - 42288] ( Chapter 5.3 added by Stats. 2014, Ch. 850, Sec. 1. ) ## ARTICLE 6. Financial Provisions [42288- 42288.] ( Article 6 added by Stats. 2014, Ch. 850, Sec. 1. ) ## 42288. (a) Notwithstanding Section 42023.2, the sum of two million dollars ($2,000,000) is hereby appropriated from the Recycling Market Development Revolving Loan Subaccount in the Integrated Waste Management Account to the department for the purposes of providing loans for the creation and retention of jobs and economic activity in this state for the manufacture and recycling of plastic reusable grocery bags that use recycled content, including postconsumer recycled material. (b) The department may expend, if there are applicants eligible for funding from the Recycling Market Development Revolving Loan Subaccount, the funds appropriated pursuant to this section to provide loans for both of the following: (1) Development and conversion of machinery and facilities for the manufacture of single-use plastic bags into machinery and facilities for the manufacturer of durable reusable grocery bags that, at a minimum, meet the requirements of Section 42281. (2) Development of equipment for the manufacture of reusable grocery bags, that, at a minimum, meet the requirements of Section 42281. (c) A recipient of a loan authorized by this section shall agree, as a condition of receiving the loan, to retain and retrain existing employees for the manufacturing of reusable grocery bags that, at a minimum, meet the requirements of Section 42281. (d) Any moneys appropriated pursuant to this section not expended by the end of the 2015–16 fiscal year shall revert to the Recycling Market Development Revolving Loan Subaccount for expenditure pursuant to Article 3 (commencing with Section 42010) of Chapter 1. (e) Applicants for funding under this section may also apply for funding or benefits from other economic development programs for which they may be eligible, including, but not limited to, both of the following: (1) An income tax credit, as described in Sections 17059.2 and 23689 of the Revenue and Taxation Code. (2) A tax exemption pursuant to Section 6377.1 of the Revenue and Taxation Code. (Added by Stats. 2014, Ch. 850, Sec. 1. (SB 270) Effective date for subdivisions (b) through (e) postponed (until November 9, 2016) by referendum petition. Approved in referendum Proposition 67 at the November 8, 2016, election. Note: Subdivision (a) was not subject to the referendum and took effect on January 1, 2015.)
  21. 4229.

    ## 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 3. Repeal [4229- 4229.] ( Article 3 added by Stats. 2017, Ch. 135, Sec. 15. )

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    This chapter stays in force until January 1, 2031, when it is repealed unless a later statute changes that date.

    ## 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 3. Repeal [4229- 4229.] ( Article 3 added by Stats. 2017, Ch. 135, Sec. 15. ) ## 4229. This chapter shall remain in effect only until January 1, 2031, and as of that date is repealed, unless a later enacted statute that is enacted on or before January 1, 2031, deletes or extends that date. (Added by Stats. 2017, Ch. 135, Sec. 15. (AB 398) Effective July 25, 2017. Repealed as of January 1, 2031, by its own provisions. Note: Repeal affects Chapter 1.5, commencing with Section 4210.)
  22. 42290.

    ## 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 5.4. Plastic Trash Bags [42290 - 42298] ( Chapter 5.4 added by Stats. 1993, Ch. 1076, Sec. 2. )

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    This section defines key terms for the plastic trash bags chapter, including manufacturer, plastic trash bag, postconsumer material, regulated bag, and wholesaler.

    ## 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 5.4. Plastic Trash Bags [42290 - 42298] ( Chapter 5.4 added by Stats. 1993, Ch. 1076, Sec. 2. ) ## 42290. For purposes of this chapter, the following terms have the following meaning: (a) “Manufacturer” means a person who manufactures plastic trash bags for sale in this state. (b) (1) “Plastic trash bag” means a bag that is manufactured for intended use as a container to hold, store, or transport materials to be discarded, composted, or recycled, including, but not limited to, garbage bags, composting bags, lawn and leaf bags, can-liner bags, kitchen bags, compactor bags, and recycling bags. (2) A plastic trash bag does not include a grocery sack or any other bag that is manufactured for intended use as a container to hold, store, or transport food. (3) A plastic trash bag does not include any plastic bag that is used for the purpose of containing either of the following wastes: (A) “Hazardous waste,” as defined in Section 25117 of the Health and Safety Code. (B) “Medical waste,” as defined in Section 117690 of the Health and Safety Code. (c) “Postconsumer material” means a finished product that would normally be disposed of as solid waste, having completed its intended end-use and product life cycle. “Postconsumer material” does not include manufacturing and fabrication scrap. (d) “Regulated bag” means a plastic trash bag of 0.70 mil or greater thickness that is intended for sale in the state. (e) “Wholesaler” means any person who purchases plastic trash bags from a manufacturer for resale in this state. (Amended by Stats. 1998, Ch. 44, Sec. 1. Effective May 22, 1998.)
  23. 42290.5.

    ## 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 5.4. Plastic Trash Bags [42290 - 42298] ( Chapter 5.4 added by Stats. 1993, Ch. 1076, Sec. 2. )

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    The Legislature states an intent that certifications of postconsumer materials used to comply with this chapter should not be the same materials certified or used to meet other state or federal postconsumer-material requirements for plastic products.

    ## 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 5.4. Plastic Trash Bags [42290 - 42298] ( Chapter 5.4 added by Stats. 1993, Ch. 1076, Sec. 2. ) ## 42290.5. To encourage waste diversion of polyethylene from California landfills as well as to encourage California’s postconsumer market development, it is the intent of the Legislature that any certification of postconsumer materials used for compliance with this chapter not be the same materials that are certified or used for compliance with any other state requirement or with any federal requirement that requires the use or reporting of postconsumer materials for plastic products. (Added by Stats. 1998, Ch. 44, Sec. 2. Effective May 22, 1998.)
  24. 42291.

    ## 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 5.4. Plastic Trash Bags [42290 - 42298] ( Chapter 5.4 added by Stats. 1993, Ch. 1076, Sec. 2. )

    Verify source ↗

    Manufacturers of certain plastic trash bags must use recycled plastic content, and later must file annual certifications to the board.

    ## 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 5.4. Plastic Trash Bags [42290 - 42298] ( Chapter 5.4 added by Stats. 1993, Ch. 1076, Sec. 2. ) ## 42291. (a) Until January 1, 1998, every manufacturer that manufactures plastic trash bags of 0.75 mil or greater thickness for sale in this state shall ensure that at least 30 percent of the material used in those plastic trash bags is recycled plastic postconsumer material. (b) (1) On and after January 1, 1998, the manufacturer’s required use of recycled plastic postconsumer material shall be determined pursuant to paragraph (2). Compliance by a manufacturer with either alternative shall be deemed to be compliance with this subdivision. (2) Every manufacturer of regulated bags shall do one of the following: (A) Ensure that its plastic trash bags intended for sale in this state contain a quantity of recycled plastic postconsumer material equal to at least 10 percent of the weight of the regulated bags. (B) Ensure that at least 30 percent of the weight of the material used in all of its plastic products intended for sale in this state is recycled plastic postconsumer material. (3) Beginning March 1, 1999, and annually thereafter, every manufacturer subject to this subdivision shall certify to the board that it has used the required amount of recycled plastic postconsumer material annually in compliance with paragraph (2). (c) Any certification of postconsumer materials used for compliance with this chapter shall not include any materials that are certified or used for compliance with any other state or federal requirement that requires the use or reporting of postconsumer materials for any plastic products. (d) If any manufacturer subject to this section is unable to obtain sufficient amounts of recycled plastic postconsumer material to comply with this section within a reporting period because of unavailability or because the available material did not meet recycled plastic postconsumer material quality standards adopted by the board, the manufacturer shall certify that fact to the board. Each manufacturer making that certification shall make a reasonable effort to identify available supplies of material before submitting certification to the board. (e) The Legislature hereby finds and declares that although the changes made to this section by the act amending this section during the 1998 portion of the 1997–98 Regular Session become effective after January 1, 1998, it is the intent of the Legislature that the new requirements specified in subdivision (b) be effective as of January 1, 1998. The Legislature further finds that this change is requested by the manufacturers subject to this section and that the retroactive effect of these changes will not cause any hardship on any manufacturer subject to this section, or cause any manufacturer to be subject to regulatory action as a result of these changes, but rather, would instead have the effect of preventing hardship to the manufacturers regulated by this section. (Amended by Stats. 1998, Ch. 44, Sec. 3. Effective May 22, 1998.)
  25. 42291.5.

    ## 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 5.4. Plastic Trash Bags [42290 - 42298] ( Chapter 5.4 added by Stats. 1993, Ch. 1076, Sec. 2. )

    Verify source ↗

    The board must credit a qualifying manufacturer with 1.2 pounds of recycled plastic postconsumer material for each pound purchased from an in-state source, if the material is used to make plastic trash bags or other compliant products.

    ## 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 5.4. Plastic Trash Bags [42290 - 42298] ( Chapter 5.4 added by Stats. 1993, Ch. 1076, Sec. 2. ) ## 42291.5. For each pound of recycled plastic postconsumer material purchased from a source of recycled plastic postconsumer material in this state for use in the manufacture of plastic trash bags, or other products manufactured with recycled plastic postconsumer material in compliance with this chapter, the board shall credit the manufacturer certifying pursuant to Section 42293 with having used 1.2 pounds of recycled plastic postconsumer material toward compliance with the requirements of Section 42291. (Amended by Stats. 2001, Ch. 406, Sec. 1. Effective January 1, 2002.)
  26. 42292.

    ## 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 5.4. Plastic Trash Bags [42290 - 42298] ( Chapter 5.4 added by Stats. 1993, Ch. 1076, Sec. 2. )

    Verify source ↗

    Manufacturers must get specified supplier statements about recycled plastic postconsumer material for reporting purposes, and the board may require additional supplier information by regulation.

    ## 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 5.4. Plastic Trash Bags [42290 - 42298] ( Chapter 5.4 added by Stats. 1993, Ch. 1076, Sec. 2. ) ## 42292. Each manufacturer shall obtain from its suppliers of recycled plastic postconsumer material for use in the manufacture of plastic trash bags, or other products manufactured with recycled plastic postconsumer material in compliance with this chapter, a statement identifying the quantity, source location, and proximate prior usage of, and the actual postconsumer material content of, each shipment of recycled plastic postconsumer material purchased by the manufacturer, and any other information that the board, may, by regulation, require the manufacturer to obtain from its suppliers, for purposes of inclusion in the annual report required by Section 42293. (Amended by Stats. 1998, Ch. 44, Sec. 5. Effective May 22, 1998.)
  27. 42293.

    ## 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 5.4. Plastic Trash Bags [42290 - 42298] ( Chapter 5.4 added by Stats. 1993, Ch. 1076, Sec. 2. )

    Verify source ↗

    Manufacturers covered by this chapter must file annual reports with the board, and the board must later survey those manufacturers and 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 5.4. Plastic Trash Bags [42290 - 42298] ( Chapter 5.4 added by Stats. 1993, Ch. 1076, Sec. 2. ) ## 42293. (a) On or before March 1, 1999, and annually thereafter, each manufacturer subject to this chapter shall submit a report to the board certifying that it has complied with Section 42291 during the preceding calendar year, certifying the name and physical location of each of its suppliers of recycled plastic postconsumer material for use in the manufacture of plastic trash bags, or other products manufactured with recycled plastic postconsumer material in compliance with this chapter, and containing the information obtained pursuant to Section 42292 and any other information that the board may require by regulation. Any manufacturer that processes its own recycled plastic postconsumer material shall certify to the board that it is the supplier of the material. (b) On or before October 1, 2001, the board shall survey manufacturers subject to this section and, notwithstanding Section 7550.5 of the Government Code, report back to the Legislature. The survey shall do all of the following: (1) Identify the name and physical location of suppliers certified by manufacturers pursuant to subdivision (a). (2) Identify the quantity of recycled plastic postconsumer material provided by suppliers within the state and the quantity of the material provided by suppliers outside the state. (3) Provide recommendations regarding recycled plastic postconsumer material content requirements based on the availability of that material. (4) Identify gauge thickness of all regulated bags. (5) Determine national production versus production of a separate line for California. (Amended by Stats. 1998, Ch. 44, Sec. 6. Effective May 22, 1998.)
  28. 42294.

    ## 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 5.4. Plastic Trash Bags [42290 - 42298] ( Chapter 5.4 added by Stats. 1993, Ch. 1076, Sec. 2. )

    Verify source ↗

    Wholesalers of certain plastic trash bags must certify manufacturer information to the board and file 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 5.4. Plastic Trash Bags [42290 - 42298] ( Chapter 5.4 added by Stats. 1993, Ch. 1076, Sec. 2. ) ## 42294. (a) Every wholesaler of plastic trash bags of 1.0 mil or greater thickness sold in this state shall certify to the board the name and physical location of each manufacturer from whom it purchased plastic trash bags for purposes of inclusion in the annual report required by subdivision (c). (b) On and after January 1, 1995, every wholesaler of trash bags of 0.75 mil or greater thickness sold in this state shall certify to the board the name and physical location of each manufacturer from whom it purchased plastic trash bags for purposes of inclusion in the annual report required by subdivision (c). (c) On or before March 1, 1994, and annually thereafter, each wholesaler shall submit a report to the board containing the certification required by this section for the preceding calendar year, together with any other information that the board may require by regulation. (Added by Stats. 1993, Ch. 1076, Sec. 2. Effective January 1, 1994.)
  29. 42295.

    ## 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 5.4. Plastic Trash Bags [42290 - 42298] ( Chapter 5.4 added by Stats. 1993, Ch. 1076, Sec. 2. )

    Verify source ↗

    Suppliers, manufacturers, and wholesalers that must provide certification or information under this chapter are subject to audit by the board.

    ## 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 5.4. Plastic Trash Bags [42290 - 42298] ( Chapter 5.4 added by Stats. 1993, Ch. 1076, Sec. 2. ) ## 42295. Each supplier, manufacturer, and wholesaler required to provide a certification or any information pursuant to this chapter shall be subject to audit by the board. (Added by Stats. 1993, Ch. 1076, Sec. 2. Effective January 1, 1994.)
  30. 42296.

    ## 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 5.4. Plastic Trash Bags [42290 - 42298] ( Chapter 5.4 added by Stats. 1993, Ch. 1076, Sec. 2. )

    Verify source ↗

    If a supplier, manufacturer, or wholesaler gives false or misleading information, the board must refer it to the Attorney General for fraud prosecution within 30 days of finding out.

    ## 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 5.4. Plastic Trash Bags [42290 - 42298] ( Chapter 5.4 added by Stats. 1993, Ch. 1076, Sec. 2. ) ## 42296. (a) If any supplier provides a manufacturer with false or misleading information, the board, within 30 days of determining that fact, shall refer the false or misleading information to the Attorney General for prosecution for fraud. (b) If any manufacturer or wholesaler provides the board with a false or misleading certification or other information, the board, within 30 days of determining that fact, shall refer the false or misleading certification or information to the Attorney General for prosecution for fraud. (Added by Stats. 1993, Ch. 1076, Sec. 2. Effective January 1, 1994.)
  31. 42297.

    ## 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 5.4. Plastic Trash Bags [42290 - 42298] ( Chapter 5.4 added by Stats. 1993, Ch. 1076, Sec. 2. )

    Verify source ↗

    The board may adopt implementing regulations, must publish an annual list of noncompliant suppliers, manufacturers, or wholesalers by July 1, and noncompliant suppliers are barred from state contracts until the board says they are compliant.

    ## 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 5.4. Plastic Trash Bags [42290 - 42298] ( Chapter 5.4 added by Stats. 1993, Ch. 1076, Sec. 2. ) ## 42297. (a) The board may adopt such regulations as it determines are necessary to more specifically define terms for purposes of the chapter and to otherwise implement this chapter. (b) Annually on or before July 1, the board shall publish a list of any suppliers, manufacturers, or wholesalers who have failed to comply with this chapter. (c) (1) Any supplier, manufacturer, or wholesaler, and any of its divisions, subsidiaries, or successors, who fails to comply with this chapter, shall be ineligible for the award of any state contract or subcontract, or for the renewal, extension, or modification of an existing contract or subcontract, until the board determines that it is in compliance with this chapter. (2) No state agency shall solicit offers from, award contracts to, or renew, extend, or modify a current contract or subcontract with, any supplier, manufacturer, or wholesaler, or any of its divisions, subsidiaries, or successors, who fails to comply with this chapter until the board determines that it is in compliance with this chapter. (Amended by Stats. 1998, Ch. 44, Sec. 7. Effective May 22, 1998.)
  32. 42298.

    ## 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 5.4. Plastic Trash Bags [42290 - 42298] ( Chapter 5.4 added by Stats. 1993, Ch. 1076, Sec. 2. )

    Verify source ↗

    Certain plastic bags are exempt from this chapter if they are labeled with a specified term and meet the current ASTM standard for that term.

    ## 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 5.4. Plastic Trash Bags [42290 - 42298] ( Chapter 5.4 added by Stats. 1993, Ch. 1076, Sec. 2. ) ## 42298. A plastic bag that is labeled with a term specified in subdivision (a) of Section 42357 and that meets the current ASTM standard specified for that term, as defined in Section 42356, is exempt from the requirements of this chapter. (Added by Stats. 2007, Ch. 143, Sec. 1. Effective January 1, 2008.)
  33. 42300.

    ## 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 5.5. Plastic Packaging Containers [42300 - 42345] ( Chapter 5.5 added by Stats. 1991, Ch. 769, Sec. 1. ) ## ARTICLE 1. Legislative Findings and Definitions [42300 - 42301] ( Article 1 added by Stats. 1991, Ch. 769, Sec. 1. )

    Verify source ↗

    The Legislature states findings and its intent about recycling rigid plastic packaging containers and using increasing amounts of postconsumer recycled material, if doing so does not pose an unreasonable risk to public health and safety.

    ## 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 5.5. Plastic Packaging Containers [42300 - 42345] ( Chapter 5.5 added by Stats. 1991, Ch. 769, Sec. 1. ) ## ARTICLE 1. Legislative Findings and Definitions [42300 - 42301] ( Article 1 added by Stats. 1991, Ch. 769, Sec. 1. ) ## 42300. The Legislature finds and declares all of the following: (a) Recycling rigid plastic packaging containers saves landfill space, reduces energy consumption, and preserves natural resources. (b) The California Integrated Waste Management Act of 1989 requires cities and counties to reduce the amount of waste disposed in landfills by 50 percent by the end of the decade through source reduction, recycling, and composting. (c) Rigid plastic packaging containers represent a significant component of the solid waste generated in the state. (d) In order for recycling in the state to be successful, it is critical that stable, in-state markets be developed for material separately collected from the waste stream and processed for recycling. (e) As of the effective date of this chapter, curbside collection of recyclables is available to nearly 20 percent of the state’s residents. In order to expand the variety of materials collected in these programs, including all rigid plastic packaging containers, it is essential that stable markets exist for the plastic materials collected. (f) The state has required several types of products to use increasing levels of postconsumer recycled material in their manufacture, including newsprint, glass containers, and plastic trash bags. (g) Some of the nation’s largest consumer product manufacturers have announced plans to require, or are currently requiring, their plastic packaging suppliers to provide them with containers comprised of increasing levels of postconsumer recycled materials, demonstrating that the technology is already available to use recycled material to make new plastic packaging containers. However, many businesses continue to purchase packaging materials made from 100 percent virgin plastic and to sell them in the state. (h) The food and consumer products industries are manufacturing safe products and packaging using plastic materials, some of which use less raw material than other packaging materials through source reduction and the reuse and recycling of used plastic materials. (i) The Legislature recognizes that the need to reduce the amount of solid waste generated by food products must be balanced with the need to package those products so that they are resistant to tampering, damage, and spoilage. (j) It is, therefore, the intent of the Legislature to spur markets for plastic materials collected for recycling by requiring manufacturers to utilize increasing amounts of postconsumer recycled material in their rigid plastic packaging containers only if the use of that material does not present an unreasonable risk to the public health and safety, and to achieve high recycling rates for these rigid plastic packaging containers. (Amended by Stats. 1993, Ch. 1076, Sec. 3. Effective January 1, 1994.)
  34. 42301.

    ## 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 5.5. Plastic Packaging Containers [42300 - 42345] ( Chapter 5.5 added by Stats. 1991, Ch. 769, Sec. 1. ) ## ARTICLE 1. Legislative Findings and Definitions [42300 - 42301] ( Article 1 added by Stats. 1991, Ch. 769, Sec. 1. )

    Verify source ↗

    This section defines key terms used in the chapter on plastic packaging containers.

    ## 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 5.5. Plastic Packaging Containers [42300 - 42345] ( Chapter 5.5 added by Stats. 1991, Ch. 769, Sec. 1. ) ## ARTICLE 1. Legislative Findings and Definitions [42300 - 42301] ( Article 1 added by Stats. 1991, Ch. 769, Sec. 1. ) ## 42301. For purposes of this chapter, the following definitions apply: (a) “Container manufacturer” means a company or a successor company that sells any rigid plastic packaging container subject to this chapter to a manufacturer that sells or offers for sale in this state any product packaged in that container. (b) “Curbside collection program” means a recycling program that collects materials set out by households for collection at the curb at intervals not less than every two weeks. “Curbside collection program” does not include redemption centers, buyback locations, drop-off programs, material recovery facilities, or plastic recovery facilities. (c) “Refillable package” means a rigid plastic packaging container that the board determines is routinely returned to and refilled by the product manufacturer at least five times with the original product contained by the package. (d) “Reusable package” means a rigid plastic packaging container that the board determines is routinely reused by consumers at least five times to store the original product contained by the package. (e) “Manufacturer” means the producer or generator of a product that is sold or offered for sale in the state and that is stored inside of a rigid plastic packaging container. (f) “Rigid plastic packaging container” means any plastic package having a relatively inflexible finite shape or form, with a minimum capacity of eight fluid ounces or its equivalent volume and a maximum capacity of five fluid gallons or its equivalent volume, that is capable of maintaining its shape while holding other products, including, but not limited to, bottles, cartons, and other receptacles, for sale or distribution in the state. (g) “Postconsumer material” means a material that would otherwise be destined for solid waste disposal, having completed its intended end use and product lifecycle. Postconsumer material does not include materials and byproducts generated from, and commonly reused within, an original manufacturing and fabrication process. (h) “Recycled” means a product or material that has been reused in the production of another product and has been diverted from disposal in a landfill. (i) “Recycling rate” means the proportion, as measured by weight, volume, or number, of a rigid plastic packaging container sold or offered for sale in the state that is being recycled in a given calendar year, that is one of the following: (1) A particular type of rigid plastic packaging container, such as a milk jug, soft drink container, or detergent bottle. (2) A product-associated rigid plastic packaging container. (3) A single resin type, as specified in Section 18015, of rigid plastic packaging container, notwithstanding the exemption of that container from this chapter pursuant to subdivision (b), (c), or (d) of Section 42340. (j) (1) “Source reduced container” means either of the following: (A) A rigid plastic packaging container for which the manufacturer seeks compliance as of January 1, 1995, whose package weight per unit or use of product has been reduced by 10 percent when compared with the packaging used for that product by the manufacturer from January 1, 1990, to December 31, 1994. (B) A rigid plastic container for which the manufacturer seeks compliance after January 1, 1995, whose package weight per unit or use of product has been reduced by 10 percent when compared with one of the following: (i) The packaging used for the product by the manufacturer on January 1, 1995. (ii) The packaging used for that product by the manufacturer over the course of the first full year of commerce in this state. (iii) The packaging used in commerce that same year for similar products whose containers have not been considered source reduced. (2) A rigid plastic packaging container is not a source reduced container for the purposes of this chapter if the packaging reduction was achieved by any of the following: (A) Substituting a different material type for a material that previously constituted the principal material of the container. (B) Increasing a container’s weight per unit or use of product after January 1, 1991. (C) Packaging changes that adversely affect the potential for the rigid plastic packaging container to be recycled or to be made of postconsumer material. (k) “Product-associated rigid plastic packaging container” means a brand-specific, rigid plastic packaging line that may have one or more sizes, shapes, or designs and that is used in conjunction with a particular generic product line. (l) “PETE” means polyethylene terephthalate as specified in subdivision (a) of Section 18015. (m) “HDPE” means high-density polyethylene. (Amended by Stats. 2005, Ch. 666, Sec. 1. Effective January 1, 2006.)
  35. 42310.

    ## 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 5.5. Plastic Packaging Containers [42300 - 42345] ( Chapter 5.5 added by Stats. 1991, Ch. 769, Sec. 1. ) ## ARTICLE 2. Manufacturing [42310 - 42310.3] ( Article 2 added by Stats. 1991, Ch. 769, Sec. 1. )

    Verify source ↗

    Rigid plastic packaging containers sold or offered for sale in the state must, on average, meet one of several listed criteria, unless another provision in the chapter says otherwise.

    ## 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 5.5. Plastic Packaging Containers [42300 - 42345] ( Chapter 5.5 added by Stats. 1991, Ch. 769, Sec. 1. ) ## ARTICLE 2. Manufacturing [42310 - 42310.3] ( Article 2 added by Stats. 1991, Ch. 769, Sec. 1. ) ## 42310. Except as otherwise provided in this chapter, every rigid plastic packaging container sold or offered for sale in this state shall, on average, meet one of the following criteria: (a) Be made from 25 percent postconsumer material. (b) Have a recycling rate of 45 percent if it is a product-associated rigid plastic packaging container or a single resin type of rigid plastic packaging container, as demonstrated to the board by the product maker, container manufacturer, or other entity. The board may take appropriate action to verify the demonstration, but the board is not required to expend state funds to conduct a survey or calculate the rate. (c) Be a reusable package or a refillable package. (d) Be a source reduced container. (e) Is a container containing floral preservative that is subsequently reused by the floral industry for at least two years. (Amended by Stats. 2005, Ch. 666, Sec. 2. Effective January 1, 2006.)
  36. 42310.1.

    ## 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 5.5. Plastic Packaging Containers [42300 - 42345] ( Chapter 5.5 added by Stats. 1991, Ch. 769, Sec. 1. ) ## ARTICLE 2. Manufacturing [42310 - 42310.3] ( Article 2 added by Stats. 1991, Ch. 769, Sec. 1. )

    Verify source ↗

    Certain rigid plastic packaging containers made for food or cosmetics were temporarily exempt from Section 42310 criteria, but manufacturers with exempt containers still had to report to the board and seek FDA nonobjection letters by specified 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 5.5. Plastic Packaging Containers [42300 - 42345] ( Chapter 5.5 added by Stats. 1991, Ch. 769, Sec. 1. ) ## ARTICLE 2. Manufacturing [42310 - 42310.3] ( Article 2 added by Stats. 1991, Ch. 769, Sec. 1. ) ## 42310.1. (a) Until January 1, 1997, the criteria specified in Section 42310 shall not apply to any rigid plastic packaging container that is manufactured for use with food or cosmetics, as defined in subdivisions (f) and (i) of Section 321 of Title 21 of the United States Code. (b) Notwithstanding subdivision (a), rigid plastic packaging containers actually recycled shall be included in calculating the recycling rate pursuant to subdivision (b) or (c) of Section 42310. (c) Every manufacturer of a product packaged in a rigid plastic packaging container described in subdivision (a), which is not in compliance with Section 42310, that is exempt from the criteria specified in Section 42310 pursuant to subdivision (a), shall do both of the following: (1) On or before December 1, 1995, the manufacturer shall submit a report to the board which demonstrates that the manufacturer is taking, and will continue to take, all feasible actions consistent with Section 42310 to ensure the reduction, recycling, or reuse of the rigid plastic packaging containers described in subdivision (a) and the development and expansion of markets for rigid plastic packaging containers. Those actions may include, but are not limited to, all of the following: (A) The use of postconsumer recycled plastic in rigid plastic packaging containers sold in this state. (B) The use of postconsumer recycled plastic in other packaging materials sold or manufactured in this state. (C) The use of postconsumer recycled plastic in other products sold or manufactured in this state. (D) Arranging for the use of postconsumer recycled plastic collected for recycling in this state in the manufacture of nonrigid plastic packaging container products or packaging of another entity. (E) The procurement of products containing postconsumer recycled plastic, including, but not limited to, trash bags, trash containers, pallets, carpeting, slip sheets, and shrink wrap. (F) The demonstration of financial investment in recycled plastic collecting, processing, and remanufacturing activities in the state. (2) On or before January 1, 1996, every manufacturer of rigid plastic packaging containers shall, for any rigid plastic packaging container that is exempt from, and not in compliance with, the criteria specified in Section 42310 pursuant to subdivision (a), diligently seek one or more “nonobjection letters” from the United States Food and Drug Administration which will permit the manufacturer of rigid plastic packaging containers to use recycled plastic in the manufacture of the rigid plastic packaging containers described in subdivision (a). (Amended by Stats. 1994, Ch. 1227, Sec. 23. Effective January 1, 1995.)
  37. 42310.2.

    ## 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 5.5. Plastic Packaging Containers [42300 - 42345] ( Chapter 5.5 added by Stats. 1991, Ch. 769, Sec. 1. ) ## ARTICLE 2. Manufacturing [42310 - 42310.3] ( Article 2 added by Stats. 1991, Ch. 769, Sec. 1. )

    Verify source ↗

    The board must adopt regulations, review reports, and may require extra actions or impose a civil penalty if reports are late or manufacturers have not taken all feasible actions.

    ## 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 5.5. Plastic Packaging Containers [42300 - 42345] ( Chapter 5.5 added by Stats. 1991, Ch. 769, Sec. 1. ) ## ARTICLE 2. Manufacturing [42310 - 42310.3] ( Article 2 added by Stats. 1991, Ch. 769, Sec. 1. ) ## 42310.2. (a) On or before July 1, 1994, as part of the regulations required to be adopted pursuant to Section 42325, the board shall adopt regulations to carry out the requirements of paragraph (1) of subdivision (c) of Section 42310.1. In adopting regulations pursuant to this section, the board shall make every effort to limit paperwork and information to only those matters that are needed for the board to determine if manufacturers are taking all feasible actions to ensure the reduction, recycling, or reuse of the rigid plastic packaging containers described in subdivision (a) of Section 42310.1, and the development and expansion of markets for rigid plastic packaging containers. (b) On or before February 1, 1996, the board shall review, and approve or disapprove, the reports required pursuant to paragraph (1) of subdivision (c) of Section 42310.1. If a report is not submitted pursuant to a schedule established by the board, or, if, based upon the report, the board determines that a manufacturer has not taken all feasible actions to ensure the reduction, recycling, or reuse of the containers and the development and expansion of markets for rigid plastic packaging containers, the board may take one of the following actions, as selected by the manufacturer: (1) Require the manufacturer to take additional actions, including, but not limited to, one or more of the measures described in paragraph (1) of subdivision (c) of Section 42310.1, to ensure that the manufacturer is taking, and will continue to take, all feasible actions to ensure the reduction, recycling, or reuse of the containers and the development and expansion of markets for rigid plastic packaging containers. (2) Impose a civil penalty of up to one hundred thousand dollars ($100,000) pursuant to Section 42322. In imposing monetary penalties pursuant to this paragraph, the board shall take into consideration all of the following factors: (A) The size and net worth of the manufacturer. (B) The impact of the violation on the overall objectives of this chapter. (C) The severity of the violation. A penalty imposed pursuant to this paragraph shall not be required to be paid by a manufacturer before January 1, 1997. (c) If the board determines that the conditions in paragraphs (1) and (2) are met, the board shall enter into a contract, or other legally binding agreement, with one or more trade associations representing manufacturers of resin, manufacturers of rigid plastic packaging containers, or manufacturers of products packaged in rigid plastic packaging containers subject to this section and Section 42310.1. The agreement shall allow the trade association, in lieu of those individual manufacturers in the trade association who elect to be a party to the contract or agreement, to submit the report required pursuant to paragraph (1) of subdivision (c) of Section 42310.1 and to implement the actions identified in the report. The board shall enter into the agreement only if both of the following conditions exist: (1) The agreement ensures that the report will contain sufficient information that otherwise would be required to be submitted by individual manufacturers pursuant to Section 42310.1, and any other information that is necessary and directly related to the board’s ability to comply with this section. (2) The agreement ensures that each manufacturer that elects to be a party to the agreement and that is a member of the trade association that submits the report shall be liable for the full amount of any civil penalties that may be imposed or shall comply with any requirement imposed by the board pursuant to paragraph (1) of subdivision (b), as selected by the manufacturer. A manufacturer subject to this paragraph shall not be liable for a civil penalty greater than one hundred thousand dollars ($100,000), regardless of the number of trade associations of which the manufacturer is a member. (d) Notwithstanding any other provision of this section, a trade association representing resin manufacturers shall be responsible for submitting an additional report as provided pursuant to paragraph (1) of subdivision (c) of Section 42310.1. The resin manufacturer’s trade association is subject to the review, penalties, and sanctions specified in paragraphs (1) and (2) of subdivision (b). No member of the resin manufacturer’s trade association is liable for penalties and sanctions set forth in paragraph (1) or (2) of subdivision (b) pursuant to this subdivision if that member would not otherwise be subject to those penalties and sanctions. (e) For the purposes of subdivision (b) and paragraph (1) of subdivision (c) of Section 42310.1, “feasible” means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors. (f) For purposes of Section 42310.1 and this section regarding all reporting, compliance, and penalty obligations, “manufacturer” includes all subsidiaries and affiliates. (Amended by Stats. 2004, Ch. 561, Sec. 3. Effective January 1, 2005.)
  38. 42310.3.

    ## 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 5.5. Plastic Packaging Containers [42300 - 42345] ( Chapter 5.5 added by Stats. 1991, Ch. 769, Sec. 1. ) ## ARTICLE 2. Manufacturing [42310 - 42310.3] ( Article 2 added by Stats. 1991, Ch. 769, Sec. 1. )

    Verify source ↗

    A manufacturer can comply with this section by showing qualifying postconsumer-material use or contractual arrangements, and the board must set the method for proving 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 5.5. Plastic Packaging Containers [42300 - 42345] ( Chapter 5.5 added by Stats. 1991, Ch. 769, Sec. 1. ) ## ARTICLE 2. Manufacturing [42310 - 42310.3] ( Article 2 added by Stats. 1991, Ch. 769, Sec. 1. ) ## 42310.3. (a) Notwithstanding Section 42310, a manufacturer is in compliance with this chapter if the manufacturer demonstrates through its own actions, or the actions of another company under the same corporate ownership, that one of the following actions were taken during the same period for which the manufacturer is subject to this chapter, with regard to a rigid plastic packaging container that stores the manufacturer’s product that is sold or intended for sale in this state: (1) The manufacturer, or another company under the same corporate ownership, consumed postconsumer material generated in the state in the manufacture of a rigid plastic packaging container subject to Section 42310, or a rigid plastic packaging container or other plastic products or plastic packaging not subject to that section, and that is equivalent to, or exceeds the postconsumer material that the rigid plastic packaging container is otherwise required to contain, as specified in subdivision (a) of Section 42310. (2) The manufacturer, or any company under the same corporate ownership, arranged by contractual agreement for the purchase and consumption of postconsumer material generated in the state and exported to another state for the manufacture of a rigid plastic packaging container subject to Section 42310, or a rigid plastic packaging container or other plastic products or plastic packaging not subject to that section that is equivalent to, or exceeds the postconsumer material that the rigid plastic packaging container is otherwise required to contain, as specified in subdivision (a) of Section 42310. (b) The board shall determine the manner of demonstrating compliance with this section. (Amended by Stats. 2007, Ch. 130, Sec. 215. Effective January 1, 2008.)
  39. 42320.

    ## 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 5.5. Plastic Packaging Containers [42300 - 42345] ( Chapter 5.5 added by Stats. 1991, Ch. 769, Sec. 1. ) ## ARTICLE 3. Penalties, Regulations, and Report [42320 - 42327] ( Article 3 added by Stats. 1991, Ch. 769, Sec. 1. )

    Verify source ↗

    Entities that must make a certification under this chapter may be audited by the board.

    ## 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 5.5. Plastic Packaging Containers [42300 - 42345] ( Chapter 5.5 added by Stats. 1991, Ch. 769, Sec. 1. ) ## ARTICLE 3. Penalties, Regulations, and Report [42320 - 42327] ( Article 3 added by Stats. 1991, Ch. 769, Sec. 1. ) ## 42320. Any entity required to make a certification pursuant to this chapter may be audited by the board. (Added by Stats. 1991, Ch. 769, Sec. 1.)
  40. 42321.

    ## 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 5.5. Plastic Packaging Containers [42300 - 42345] ( Chapter 5.5 added by Stats. 1991, Ch. 769, Sec. 1. ) ## ARTICLE 3. Penalties, Regulations, and Report [42320 - 42327] ( Article 3 added by Stats. 1991, Ch. 769, Sec. 1. )

    Verify source ↗

    If an entity gives the board a false or misleading certificate under this chapter, the board must refer that provider to the Attorney General for fraud prosecution within 30 days of making that determination.

    ## 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 5.5. Plastic Packaging Containers [42300 - 42345] ( Chapter 5.5 added by Stats. 1991, Ch. 769, Sec. 1. ) ## ARTICLE 3. Penalties, Regulations, and Report [42320 - 42327] ( Article 3 added by Stats. 1991, Ch. 769, Sec. 1. ) ## 42321. If any entity provides the board with a false or misleading certificate pursuant to this chapter, the board, within 30 days of making this determination, shall refer the provider of the false or misleading certificate to the Attorney General for prosecution for fraud. (Added by Stats. 1991, Ch. 769, Sec. 1.)
  41. 42321.5.

    ## 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 5.5. Plastic Packaging Containers [42300 - 42345] ( Chapter 5.5 added by Stats. 1991, Ch. 769, Sec. 1. ) ## ARTICLE 3. Penalties, Regulations, and Report [42320 - 42327] ( Article 3 added by Stats. 1991, Ch. 769, Sec. 1. )

    Verify source ↗

    A container manufacturer may not give false or misleading information in a certification sent to a manufacturer for this chapter.

    ## 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 5.5. Plastic Packaging Containers [42300 - 42345] ( Chapter 5.5 added by Stats. 1991, Ch. 769, Sec. 1. ) ## ARTICLE 3. Penalties, Regulations, and Report [42320 - 42327] ( Article 3 added by Stats. 1991, Ch. 769, Sec. 1. ) ## 42321.5. (a) A container manufacturer who sells a rigid plastic packaging container to a manufacturer and who submits a certification to the manufacturer, for purposes of this chapter, shall not provide any false or misleading information. A container manufacturer who submits to a manufacturer a certification with false or misleading information is subject to the same penalties and fines that are imposed upon a manufacturer that does not comply with Sections 42321 and 42322. (b) Notwithstanding Sections 42321 and 42322, a manufacturer is not subject to any fine or penalty for not complying with this chapter as a result of the submittal of false or misleading information by a container manufacturer to the manufacturer with regard to a container sold to that manufacturer. (Added by Stats. 2005, Ch. 666, Sec. 4. Effective January 1, 2006.)
  42. 42322.

    ## 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 5.5. Plastic Packaging Containers [42300 - 42345] ( Chapter 5.5 added by Stats. 1991, Ch. 769, Sec. 1. ) ## ARTICLE 3. Penalties, Regulations, and Report [42320 - 42327] ( Article 3 added by Stats. 1991, Ch. 769, Sec. 1. )

    Verify source ↗

    Violations of this chapter are public offenses with fines, and the board may also assess civil penalties.

    ## 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 5.5. Plastic Packaging Containers [42300 - 42345] ( Chapter 5.5 added by Stats. 1991, Ch. 769, Sec. 1. ) ## ARTICLE 3. Penalties, Regulations, and Report [42320 - 42327] ( Article 3 added by Stats. 1991, Ch. 769, Sec. 1. ) ## 42322. (a) Any violation of this chapter is a public offense punishable by a fine of not more than one hundred thousand dollars ($100,000). (b) In addition to the penalty specified under subdivision (a), any violation of this chapter may be subject to a civil penalty assessed by the board of not more than fifty thousand dollars ($50,000) for each violation, pursuant to a notice and hearing procedure that conforms with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (c) The total annual fines or penalties assessed upon a violator of this chapter shall not exceed one hundred thousand dollars ($100,000). (d) The board shall annually publish a list by July 1 setting forth any fines or penalties that have been levied against a violator of this chapter in the preceding calendar year, for failure to comply with the requirements of this chapter. (e) The board shall deposit all penalties or fines paid pursuant to this section into the Rigid Container Account, which is hereby created in the Integrated Waste Management Fund in the State Treasury. The moneys deposited in the Rigid Container Account shall be expended by the board, upon appropriation by the Legislature, to assist local governmental agencies to develop and implement collection and processing systems for the recycling of materials that are subject to this chapter, for the development of markets for these materials, and for the board’s costs of implementing this chapter. (Amended by Stats. 2001, Ch. 406, Sec. 2. Effective January 1, 2002.)
  43. 42323.

    ## 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 5.5. Plastic Packaging Containers [42300 - 42345] ( Chapter 5.5 added by Stats. 1991, Ch. 769, Sec. 1. ) ## ARTICLE 3. Penalties, Regulations, and Report [42320 - 42327] ( Article 3 added by Stats. 1991, Ch. 769, Sec. 1. )

    Verify source ↗

    Proprietary information in a report or certificate submitted to the board under this chapter must not be made available to the general public.

    ## 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 5.5. Plastic Packaging Containers [42300 - 42345] ( Chapter 5.5 added by Stats. 1991, Ch. 769, Sec. 1. ) ## ARTICLE 3. Penalties, Regulations, and Report [42320 - 42327] ( Article 3 added by Stats. 1991, Ch. 769, Sec. 1. ) ## 42323. Proprietary information included in part of a report or certificate submitted to the board pursuant to this chapter shall not be made available to the general public. (Added by Stats. 1991, Ch. 769, Sec. 1.)
  44. 42325.

    ## 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 5.5. Plastic Packaging Containers [42300 - 42345] ( Chapter 5.5 added by Stats. 1991, Ch. 769, Sec. 1. ) ## ARTICLE 3. Penalties, Regulations, and Report [42320 - 42327] ( Article 3 added by Stats. 1991, Ch. 769, Sec. 1. )

    Verify source ↗

    The board must adopt regulations to implement this chapter.

    ## 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 5.5. Plastic Packaging Containers [42300 - 42345] ( Chapter 5.5 added by Stats. 1991, Ch. 769, Sec. 1. ) ## ARTICLE 3. Penalties, Regulations, and Report [42320 - 42327] ( Article 3 added by Stats. 1991, Ch. 769, Sec. 1. ) ## 42325. The board shall adopt regulations to implement this chapter. These regulations shall include, but shall not be limited to, all of the following: (a) Procedures for certifying compliance with Article 2 (commencing with Section 42310), including a requirement that product manufacturers include in their specifications for rigid plastic packaging containers a requirement that the packaging manufacturer certify that the rigid plastic packaging containers comply with this chapter. (b) Procedures for considering and granting waivers pursuant to Article 4 (commencing with Section 42330). (Amended by Stats. 2004, Ch. 561, Sec. 6. Effective January 1, 2005.)
  45. 42326.

    ## 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 5.5. Plastic Packaging Containers [42300 - 42345] ( Chapter 5.5 added by Stats. 1991, Ch. 769, Sec. 1. ) ## ARTICLE 3. Penalties, Regulations, and Report [42320 - 42327] ( Article 3 added by Stats. 1991, Ch. 769, Sec. 1. )

    Verify source ↗

    When developing the regulations required by Section 42325, the board must consult affected manufacturers, environmental organizations, and other interested parties.

    ## 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 5.5. Plastic Packaging Containers [42300 - 42345] ( Chapter 5.5 added by Stats. 1991, Ch. 769, Sec. 1. ) ## ARTICLE 3. Penalties, Regulations, and Report [42320 - 42327] ( Article 3 added by Stats. 1991, Ch. 769, Sec. 1. ) ## 42326. In developing the regulations required by Section 42325, the board shall consult with representatives of the manufacturers affected by this chapter, with representatives of environmental organizations, and other interested parties. (Amended by Stats. 2004, Ch. 561, Sec. 7. Effective January 1, 2005.)
  46. 42327.

    ## 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 5.5. Plastic Packaging Containers [42300 - 42345] ( Chapter 5.5 added by Stats. 1991, Ch. 769, Sec. 1. ) ## ARTICLE 3. Penalties, Regulations, and Report [42320 - 42327] ( Article 3 added by Stats. 1991, Ch. 769, Sec. 1. )

    Verify source ↗

    The board may spend money from the Integrated Waste Management Account to implement this chapter if the Legislature appropriates the funds.

    ## 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 5.5. Plastic Packaging Containers [42300 - 42345] ( Chapter 5.5 added by Stats. 1991, Ch. 769, Sec. 1. ) ## ARTICLE 3. Penalties, Regulations, and Report [42320 - 42327] ( Article 3 added by Stats. 1991, Ch. 769, Sec. 1. ) ## 42327. The board may expend funds from the Integrated Waste Management Account to implement this chapter, upon appropriation by the Legislature. (Added by Stats. 1991, Ch. 769, Sec. 1.)
  47. 42330.

    ## 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 5.5. Plastic Packaging Containers [42300 - 42345] ( Chapter 5.5 added by Stats. 1991, Ch. 769, Sec. 1. ) ## ARTICLE 4. Waivers [42330- 42330.] ( Article 4 added by Stats. 1991, Ch. 769, Sec. 1. )

    Verify source ↗

    The board must grant certain waivers from Section 42310’s plastic packaging container requirements when the stated conditions are met.

    ## 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 5.5. Plastic Packaging Containers [42300 - 42345] ( Chapter 5.5 added by Stats. 1991, Ch. 769, Sec. 1. ) ## ARTICLE 4. Waivers [42330- 42330.] ( Article 4 added by Stats. 1991, Ch. 769, Sec. 1. ) ## 42330. (a) The board shall grant a waiver from the postconsumer material content requirement of subdivision (a) of Section 42310, but not from any other requirement of Section 42310, if the board finds one or more of the following: (1) The rigid plastic packaging containers cannot meet the postconsumer material requirements of subdivision (a) of Section 42310 and remain in compliance with applicable provisions of regulations adopted by the Food and Drug Administration or other state or federal laws or regulations. (2) It is technologically infeasible to use rigid plastic packaging containers that achieve the postconsumer material requirement of subdivision (a) of Section 42310. (b) The board shall grant a waiver from all of the requirements of Section 42310 if the board finds either of the following: (1) Less than 60 percent of the single-family homes in the state on and after January 1, 1994, have curbside collection programs that include beverage container recycling. (2) At least 50 percent, by number, of a manufacturer’s rigid plastic packaging containers sold or offered for sale in the state in the current calendar year achieve the postconsumer material requirements of subdivision (a) of Section 42310 and all of the manufacturer’s rigid plastic packaging containers will comply with the requirements of Section 42310 on or before January 1, 1996. (c) The board shall grant a one-year waiver from all of the requirements of Section 42310 for products packaged in rigid plastic packaging containers that are introduced and sold in this state after January 1, 1995. (Amended by Stats. 2004, Ch. 183, Sec. 302. Effective January 1, 2005.)
  48. 42340.

    ## 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 5.5. Plastic Packaging Containers [42300 - 42345] ( Chapter 5.5 added by Stats. 1991, Ch. 769, Sec. 1. ) ## ARTICLE 5. Exemptions [42340 - 42345] ( Article 5 added by Stats. 1991, Ch. 769, Sec. 1. )

    Verify source ↗

    This section exempts certain rigid plastic packaging containers from this chapter.

    ## 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 5.5. Plastic Packaging Containers [42300 - 42345] ( Chapter 5.5 added by Stats. 1991, Ch. 769, Sec. 1. ) ## ARTICLE 5. Exemptions [42340 - 42345] ( Article 5 added by Stats. 1991, Ch. 769, Sec. 1. ) ## 42340. The following rigid plastic packaging containers are exempt from this chapter: (a) Rigid plastic packaging containers produced in or out of the state which are destined for shipment to other destinations outside the state and which remain with the products upon that shipment. (b) Rigid plastic packaging containers which contain drugs, medical devices, cosmetics, food, medical food, or infant formula as defined by the Federal Food, Drug and Cosmetic Act (21 U.S.C. Sec. 301 et seq.). (c) Rigid plastic packaging containers which contain toxic or hazardous products regulated by the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 et seq.). (d) Rigid plastic packaging containers which are manufactured for use in the shipment of hazardous materials and are prohibited from being manufactured with used material by federal packaging material specifications set forth in Sections 178.509 and 178.522 of Title 49 of the Code of Federal Regulations, or are subject to testing standards set forth in Sections 178.600 to 178.609, inclusive, of Title 49 of the Code of Federal Regulations, or to which recommendations of the United Nations on the transport of dangerous goods are applicable. (Amended by Stats. 1996, Ch. 754, Sec. 2. Effective January 1, 1997.)
  49. 42345.

    ## 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 5.5. Plastic Packaging Containers [42300 - 42345] ( Chapter 5.5 added by Stats. 1991, Ch. 769, Sec. 1. ) ## ARTICLE 5. Exemptions [42340 - 42345] ( Article 5 added by Stats. 1991, Ch. 769, Sec. 1. )

    Verify source ↗

    Any extra time for manufacturers to comply with Section 42310 can be enacted only by a statute passed by a two-thirds vote of both houses of 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 5.5. Plastic Packaging Containers [42300 - 42345] ( Chapter 5.5 added by Stats. 1991, Ch. 769, Sec. 1. ) ## ARTICLE 5. Exemptions [42340 - 42345] ( Article 5 added by Stats. 1991, Ch. 769, Sec. 1. ) ## 42345. Any extension of time for manufacturers to comply with Section 42310, beyond that which is granted pursuant to Section 42310.1 for the rigid plastic packaging containers described in that section, shall only be enacted by a statute passed by a two-thirds vote of both houses of the Legislature. (Added by Stats. 1993, Ch. 1062, Sec. 7. Effective January 1, 1994.)
  50. 42350.

    ## 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 5.6. Plastic Ring Devices [42350- 42350.] ( Chapter 5.6 added by Stats. 1996, Ch. 990, Sec. 2. )

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    This section defines “degradable” and generally forbids retail sale in California of containers joined by nondegradable plastic rings or similar devices, with an exception for certain small-hole or no-hole devices.

    ## 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 5.6. Plastic Ring Devices [42350- 42350.] ( Chapter 5.6 added by Stats. 1996, Ch. 990, Sec. 2. ) ## 42350. (a) For the purposes of this section, “degradable” means all of the following: (1) Biodegradation, photodegradation, chemodegradation, or degradation by other natural degrading processes, as defined by the American Society of Testing Materials. (2) Degradation at a rate that meets the requirements of Part 238 (commencing with Section 238.10) of Subchapter H of Chapter I of Title 40 of the Code of Federal Regulations. (3) Degradation that, as attested by the manufacturer of the device, will not produce or result in a residue or byproduct that, during or after the process of degrading, would be a hazardous or extremely hazardous waste identified pursuant to Chapter 6.5 (commencing with Section 25100) of Division 20 of the Health and Safety Code. (b) Except as provided in subdivision (c), no container shall be sold or offered for sale at retail in this state that is connected to any other container by means of a plastic ring or similar plastic device that is not degradable when disposed of as litter. (c) This section does not apply to devices that do not contain an enclosed hole or circle of more than one and one-half inches in diameter or that do not contain a hole. (d) Any person who sells at wholesale or distributes to a retailer for sale at retail in this state containers that are connected to each other in violation of subdivision (b) is guilty of an infraction and shall be punished by a fine not exceeding one thousand dollars ($1,000). (Amended by Stats. 1997, Ch. 17, Sec. 122. Effective January 1, 1998.)
  51. 42355.

    ## 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 5.7. Products [42355 - 42358.5] ( Heading of Chapter 5.7 amended by Stats. 2021, Ch. 504, Sec. 1. )

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    The section says certain degradable-type claims on plastic products are misleading unless they include qualifying details, and it states they must be prohibited unless an ASTM standard specification for the claimed term has been approved by 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 5.7. Products [42355 - 42358.5] ( Heading of Chapter 5.7 amended by Stats. 2021, Ch. 504, Sec. 1. ) ## 42355. The Legislature finds and declares all of the following: (a) Littered plastic products have caused and continue to cause significant environmental harm and have burdened local governments with significant environmental cleanup costs. (b) It is the intent of the Legislature to ensure that environmental marketing claims, including claims of biodegradation, do not lead to an increase in environmental harm associated with plastic litter by providing consumers with a false belief that certain plastic products are less harmful to the environment if littered. (c) A product’s ability to biodegrade is a function of both the physical and chemical makeup of the product as well as the environmental conditions to which it is subject. (d) Use of the term “degradable,” “biodegradable,” “decomposable,” or other like terms on plastic products is inherently misleading unless the claim includes a thorough disclaimer providing necessary qualifying details, including, but not limited to, the environments and timeframes in which the claimed action will take place. (e) Given the complex nature of biodegradation and the fact that most plastic products will travel through multiple environments from the time of manufacture to the time of final disposition, and given the intrinsic constraints of marketing claims, including the space on the plastic product, there is no reasonable ability for plastic product manufacturers to provide an adequate disclaimer qualifying the use of these and like terms without relying on an established scientific standard specification for the action claimed. (f) Given these and other constraints, and the significant environmental harm that is caused by plastic litter, the use of these terms must be prohibited unless, or until the time as there is established, an American Society for Testing and Materials (ASTM) standard specification for the term claimed that has been approved by the Legislature. (Repealed (in Sec. 2) and added by Stats. 2011, Ch. 594, Sec. 1. (SB 567) Effective January 1, 2012. Section operative January 1, 2013, pursuant to Section 42358.5.)
  52. 42355.5.

    ## 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 5.7. Products [42355 - 42358.5] ( Heading of Chapter 5.7 amended by Stats. 2021, Ch. 504, Sec. 1. )

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    This section states that environmental marketing claims about plastic products should be supported by competent, reliable evidence and that recyclability claims should be truthful and accurate.

    ## 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 5.7. Products [42355 - 42358.5] ( Heading of Chapter 5.7 amended by Stats. 2021, Ch. 504, Sec. 1. ) ## 42355.5. (a) The Legislature finds and declares that it is the public policy of the state that environmental marketing claims, whether explicit or implied, should be substantiated by competent and reliable evidence to prevent deceiving or misleading consumers about the environmental impact of plastic products. For consumers to have accurate and useful information about the environmental impact of plastic products, environmental marketing claims should adhere to uniform and recognized standards, including those standard specifications established by the American Society for Testing and Materials. (b) The Legislature further finds and declares that it is the public policy of the state that claims related to the recyclability of a product or packaging be truthful in practice and accurate. Consumers deserve accurate and useful information related to how to properly handle the end of life of a product or packaging. (Amended by Stats. 2021, Ch. 507, Sec. 4. (SB 343) Effective January 1, 2022.)
  53. 42355.51.

    ## 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 5.7. Products [42355 - 42358.5] ( Heading of Chapter 5.7 amended by Stats. 2021, Ch. 504, Sec. 1. )

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    This section limits misleading recyclability claims for products and packaging, and gives the department duties to publish recycling-information studies and related updates.

    ## 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 5.7. Products [42355 - 42358.5] ( Heading of Chapter 5.7 amended by Stats. 2021, Ch. 504, Sec. 1. ) ## 42355.51. (a) A person shall not offer for sale, sell, distribute, or import into the state any product or packaging for which a deceptive or misleading claim about the recyclability of the product or packaging is made. (b) (1) Subject to paragraph (2), a product or packaging that displays a chasing arrows symbol, a chasing arrows symbol surrounding a resin identification code, or any other symbol or statement indicating the product or packaging is recyclable, or otherwise directing the consumer to recycle the product or packaging, is deemed to be a deceptive or misleading claim pursuant to this section and Section 17580.5 of the Business and Professions Code unless the product or packaging is considered recyclable in the state pursuant to subdivision (d) and is of a material type and form that routinely becomes feedstock used in the production of new products or packaging. (2) Paragraph (1) does not apply to either of the following: (A) Any product or packaging that is manufactured up to 18 months after the date the department publishes the first material characterization study required pursuant to subparagraph (B) of paragraph (1) of subdivision (d), or before January 1, 2024, whichever is later. (B) Any product or packaging manufactured up to 18 months after the date the department updates the material characterization study pursuant to subparagraph (B) of paragraph (1) of subdivision (d), if the product or packaging satisfied or, for a new product or packaging, would have satisfied, the requirements to be considered recyclable in the state pursuant to subdivision (d) before the publication of the updated study. (3) Subject to paragraph (2), for a product or packaging that is not considered to be recyclable in the state pursuant to subdivision (d), all of the following apply: (A) Displaying a chasing arrows symbol or any other statement indicating the product is recyclable directly on the product shall be deemed to be deceptive or misleading pursuant to this section and Section 17580.5 of the Business and Professions Code. (B) If a product or packaging has multiple material types, a chasing arrows symbol or statement indicating recyclability may be displayed on the external packaging that is considered to be recyclable in the state pursuant to subdivision (d) if the chasing arrows symbol or statement makes clear in the same or greater font, font size, or symbol size which other components of the product or packaging are not recyclable. (C) Displaying a chasing arrows symbol or any other statement indicating recyclability on packaging containing a consumable product shall, for purposes of this section, be deemed to refer only to the packaging. For purposes of this subparagraph, “consumable product” means a commodity that is intended to be used and not disposed of. (c) For purposes of this section, the following do not constitute a deceptive or misleading claim about the recyclability of the product or packaging pursuant to this section or Section 17580.5 of the Business and Professions Code: (1) A person using a chasing arrows symbol in combination with a clearly visible line placed at a 45-degree angle over the chasing arrows symbol to convey that an item is not recyclable. (2) A consumer good that is required by any federal or California law or regulation to display a chasing arrows symbol, including, but not limited to, Section 103(b)(1) of the federal Mercury-Containing and Rechargeable Battery Management Act (42 U.S.C. Sec. 14322(b)(1)) and Section 25215.65 of the Health and Safety Code. (3) Directing a consumer to compost or properly dispose of a consumer good through an organics recycling program. (4) A resin identification code placed inside a solid equilateral triangle. (d) (1) On or before January 1, 2024, in order to provide information to the public sufficient for evaluating whether a product or packaging is recyclable in the state according to the criteria set forth in paragraph (2) and is of a material type and form that routinely becomes feedstock used in the production of new products or packaging, the department shall do both of the following: (A) (i) Update the regulations promulgated pursuant to Section 41821.5 to include both of the following in the information to be submitted to the department pursuant to that section: (I) How the material collected or processed by the operations and facilities was collected. (II) What material types and forms are actively recovered, and not considered contaminants, by the operation or facility. (ii) The department shall publish the information required pursuant to clause (i) in a form the department deems appropriate for achieving the purpose of this section consistent with the requirements of paragraph (3) of subdivision (b) of Section 41821.5. (B) (i) To get a representative sample of recycling programs in the state, the department shall conduct and publish on its internet website a characterization study of material types and forms that are collected, sorted, sold, or transferred by solid waste facilities deemed appropriate by the department for inclusion in the study. The department’s activities pursuant to this subparagraph, including the department’s determination of the appropriate facilities to include in the study, are exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (ii) The department shall update the material characterization study required pursuant to this subparagraph every five years, with the first update being issued by the department in 2027. (iii) Notwithstanding clauses (i) and (ii), 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. (iv) For purposes of studying a representative sample of material types and forms in the state, within 90 days of a department request, a 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 request a periodic sampling of a facility if that facility was sampled during the previous 24 months. (v) For each material characterization study conducted pursuant to this subparagraph, 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 days after the department publishes the preliminary findings. After receiving and considering public comments, and within 60 days of the public meeting, the department shall finalize and publish on its internet website the findings of the study. (2) Subject to paragraph (3), a product or packaging is considered recyclable in the state if, based on information published by the department pursuant to subparagraph (B) of paragraph (1), the product or packaging is of a material type and form that meets both of the following requirements: (A) The material type and form is collected for recycling by recycling programs for jurisdictions that collectively encompass at least 60 percent of the population of the state. (B) (i) The material type and form is sorted into defined streams for recycling processes by large volume transfer or processing facilities, as defined in regulations adopted pursuant to Section 43020, that process materials and collectively serve at least 60 percent of recycling programs statewide, with the defined streams sent to and reclaimed at a reclaiming facility consistent with the requirements of the Basel Convention. (ii) The department may adopt regulations modifying this requirement to encompass transfer or processing facilities other than large volume transfer or processing facilities, as the department deems appropriate for achieving the purposes of this section. (3) A product or packaging shall not be considered recyclable in the state unless the product or packaging meets all of the following criteria, as applicable: (A) For plastic packaging, the plastic packaging is designed to not include any components, inks, adhesives, or labels that prevent the recyclability of the packaging according to the APR Design® Guide published by the Association of Plastic Recyclers. (B) For plastic products and non-plastic products and packaging, the product or packaging is designed to ensure recyclability and does not include any components, inks, adhesives, or labels that prevent the recyclability of the product or packaging. (C) The product or packaging does not contain an intentionally added chemical identified pursuant to the regulations implementing subparagraph (4) of subdivision (g) of Section 42370.2. (D) The product or packaging is not made from plastic or fiber that contains perfluoroalkyl or polyfluoroalkyl substances or PFAS that meets either of the following criteria: (i) PFAS that a manufacturer has intentionally added to a product or packaging and that have a functional or technical effect in the product or packaging, including the PFAS components of intentionally added chemicals and PFAS that are intentional breakdown products of an added chemical that also have a functional or technical effect in the product. (ii) The presence of PFAS in a product or product component or packaging or packaging component at or above 100 parts per million, as measured in total organic flourine. (4) Notwithstanding paragraphs (2) and (3), a product or packaging is recyclable in the state if the product or packaging has a demonstrated recycling rate of at least 75 percent, meaning that not less than 75 percent of the product or packaging sorted and aggregated in the state is reprocessed into new products or packaging. (5) (A) Before January 1, 2030, notwithstanding paragraphs (2) and (3), a product or packaging not collected pursuant to a curbside collection program is recyclable in the state if the non-curbside collection program recovers at least 60 percent of the product or packaging in the program and the material has sufficient commercial value to be marketed for recycling and be transported at the end of its useful life to a transfer, processing, or recycling facility to be sorted and aggregated into defined streams by material type and form. (B) After January 1, 2030, notwithstanding paragraphs (2) and (3), a product or packaging not collected pursuant to a curbside collection program is recyclable in the state if the non-curbside collection program recovers at least 75 percent of the product or packaging in the program and the material has sufficient commercial value to be marketed for recycling and be transported at the end of its useful life to a transfer, processing, or recycling facility to be sorted and aggregated into defined streams by material type and form. (6) Notwithstanding paragraphs (2) and (3), a product or packaging is recyclable in the state if the product or packaging is part of, and in compliance with, a program established pursuant to state or federal law on or after January 1, 2022, governing the recyclability or disposal of that product or packaging if the director determines that the product or packaging will not increase contamination of curbside recycling or deceive consumers as to the recyclability of the product or packaging. (7) The information published by the department pursuant to paragraph (1) shall not limit the discretion of a local agency under existing law to decide whether, and to what extent, a material type or form shall be accepted by a local recycling program. (e) For purposes of this section, “chasing arrows symbol” has the meaning set forth in subdivision (f) of Section 17580 of the Business and Professions Code. (f) Consistent with the waste hierarchy established pursuant to Section 40051, and pursuant to Section 40180, for purposes of this section, “recycling,” “recyclable,” and “recyclability” do not include transformation, as defined in Section 40201, EMSW conversion, or production of fuels. (Amended by Stats. 2022, Ch. 28, Sec. 141. (SB 1380) Effective January 1, 2023.)
  54. 42356.

    ## 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 5.7. Products [42355 - 42358.5] ( Heading of Chapter 5.7 amended by Stats. 2021, Ch. 504, Sec. 1. )

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    This section defines several terms used in the chapter, including ASTM, ASTM standard specification, Department, Director, Manufacturer, OK compost HOME certification, Product, and Supplier.

    ## 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 5.7. Products [42355 - 42358.5] ( Heading of Chapter 5.7 amended by Stats. 2021, Ch. 504, Sec. 1. ) ## 42356. For purposes of this chapter, the following definitions apply: (a) “ASTM” means the ASTM International. (b) (1) “ASTM standard specification” means either of the following: (A) The ASTM Standard Specification for Labeling of Plastics Designed to be Aerobically Composted in Municipal or Industrial Facilities D6400, as published in 2019, except as provided in subdivision (c) of Section 42356.1. (B) The ASTM Standard Specification for Labeling of End Items that Incorporate Plastics and Polymers as Coatings or Additives with Paper and Other Substrates Designed to be Aerobically Composted in Municipal or Industrial Facilities D6868, as published in 2019, except as specified in subdivision (c) of Section 42356.1. (2) “ASTM standard specification” does not include an ASTM Standard Guide, a Standard Practice, or a Standard Test Method. (c) “Department” means the Department of Resources Recycling and Recovery. (d) “Director” means the Director of Resources Recycling and Recovery. (e) “Manufacturer” means a person, firm, association, partnership, or corporation that produces a product. (f) “OK compost HOME certification” means certification of conformity with the existing TUV Austria certification “OK compost HOME certification” which, as of January 1, 2011, uses European Norm 13432 standard adapted to low-temperature composting in accordance with the TUV Austria program “OK 2-Home Compostability of Products.” (g) “Product” includes, but is not limited to, any of the following: (1) (A) A consumer product. (B) For purposes of this paragraph, “consumer product” means a product or part of a product that is used, bought, or leased for use by a person for any purpose. (2) A package or a packaging component. (3) A bag, sack, wrap, or other thin plastic sheet film product. (4) A food or beverage container or a container component, including, but not limited to, a straw, lid, or utensil. (h) “Supplier” means a person who does one or more of the following: (1) Sells, offers for sale, or offers for promotional purposes a product. (2) Takes title to a product, produced either domestically or in a foreign country, that is purchased for resale or promotional purposes. (Amended by Stats. 2021, Ch. 504, Sec. 2. (AB 1201) Effective January 1, 2022.)
  55. 42356.1.

    ## 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 5.7. Products [42355 - 42358.5] ( Heading of Chapter 5.7 amended by Stats. 2021, Ch. 504, Sec. 1. )

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    The department must review revised ASTM standards, may adopt them if they are more protective and consistent with state policy, and must not adopt them if they are less protective. Fiber products without plastics or polymers are exempt from the ASTM standard requirement.

    ## 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 5.7. Products [42355 - 42358.5] ( Heading of Chapter 5.7 amended by Stats. 2021, Ch. 504, Sec. 1. ) ## 42356.1. (a) If an ASTM standard specification specified in paragraph (1) of subdivision (b) of Section 42356 is subsequently revised, the department shall review the new ASTM standard specification as follows: (1) If the department determines that the new standard, when compared to the ASTM standard specification prior to its revision, is more stringent and more protective of public health, public safety, and the environment, and is reflective of and consistent with state policies and programs, the department may adopt the new standard. (2) If the department determines that the new standard, when compared to the ASTM standard specification prior to its revision, is not as stringent and does not protect public health, public safety, and the environment, and is not reflective of and consistent with state policies and programs, the department shall not adopt the new standard. (b) If the ASTM, or any other entity, develops a new standard specification or other applicable standard for any of the terms prohibited under subdivision (a) of Section 42357, the department may review the new standard and, if the department determines that the new standard for the prohibited term, when compared to the current ASTM standard in effect, is more stringent and more protective of public health, public safety, and the environment, and is reflective of and consistent with state policies and programs, the department may make a recommendation to the Legislature. (c) Compliance with a standard adopted pursuant to paragraph (1) of subdivision (a) shall be deemed to be in compliance with this chapter. (d) Fiber products that are demonstrated to not incorporate any plastics or polymers, including, but not limited to, through lamination, extrusion, or mixing, are not required to comply with an ASTM standard specification pursuant to this chapter. (Amended by Stats. 2021, Ch. 504, Sec. 3. (AB 1201) Effective January 1, 2022.)
  56. 42356.2.

    ## 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 5.7. Products [42355 - 42358.5] ( Heading of Chapter 5.7 amended by Stats. 2021, Ch. 504, Sec. 1. )

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    The department may adopt a non-ASTM existing standard if specific conditions are met.

    ## 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 5.7. Products [42355 - 42358.5] ( Heading of Chapter 5.7 amended by Stats. 2021, Ch. 504, Sec. 1. ) ## 42356.2. The department may adopt an existing standard different from an ASTM standard specification, as described in paragraph (1) of subdivision (b) of Section 42356, if all the following conditions are met: (a) The existing standard is adopted or developed by a standard-setting organization recognized by the department, including, but not limited to, the ASTM or another similar organization. (b) The existing standard adds qualifications to an ASTM standard specification, as described in paragraph (1) of subdivision (b) of Section 42356, including, but not limited to, “home compostable.” (c) The department determines that the existing standard is more stringent than the ASTM standard specification in paragraph (1) of subdivision (b) of Section 42356 which that existing standard qualifies. (Added by Stats. 2011, Ch. 594, Sec. 1. (SB 567) Effective January 1, 2012. Section operative January 1, 2013, pursuant to Section 42358.5.)
  57. 42357.

    ## 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 5.7. Products [42355 - 42358.5] ( Heading of Chapter 5.7 amended by Stats. 2021, Ch. 504, Sec. 1. )

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    This section limits when products may be sold with compostable, home compostable, biodegradable, degradable, decomposable, or soil biodegradable labeling in this state.

    ## 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 5.7. Products [42355 - 42358.5] ( Heading of Chapter 5.7 amended by Stats. 2021, Ch. 504, Sec. 1. ) ## 42357. (a) (1) Except as provided in paragraph (3), a person shall not sell or offer for sale a product in this state that is labeled with the term “compostable” or “home compostable” unless, at the time of sale or offering for sale, the product meets the applicable ASTM standard specification, as specified in paragraph (1) of subdivision (b) of Section 42356, or, if applicable, the product has OK compost HOME certification, as provided in paragraph (4). (2) Compliance with only a section or a portion of a section of an applicable ASTM standard specification does not constitute compliance with paragraph (1). (3) Notwithstanding paragraph (1), a person may sell or offer for sale a product in this state that is labeled with a qualified claim for a term specified in paragraph (1), if the product meets the relevant standard adopted by the department pursuant to Section 42356.2. (4) (A) A product shall not be labeled with the term “home compostable” unless the manufacturer of that product holds OK compost HOME certification with regard to that product, except as provided in subparagraph (B) or (C). (B) Notwithstanding paragraph (1), if the ASTM adopts a standard specification for the term “home compostable” on or before January 1, 2016, and the department determines that the ASTM standard specification is at least equal to, or more stringent than, the OK compost HOME certification, a product labeled with the term “home compostable” shall meet that ASTM standard specification. The department may also take the actions specified in Section 42356.1 with regard to an ASTM standard for home compostability. (C) If the department adopts a standard pursuant to Section 42356.2, a product labeled with the term “home compostable” shall meet the standard adopted by the department and not the standard specified in subparagraph (A) or (B). (b) (1) Except as provided in subdivision (a) or (f), a person shall not sell or offer for sale a product in this state that is labeled with the term “biodegradable,” “degradable,” or “decomposable,” or any form of those terms, or in any way implies that the product will break down, fragment, biodegrade, or decompose in a landfill or other environment. (2) For purposes of this subdivision, “implies” includes, but is not limited to, using green, beige, or brown tinting or color schemes on a plastic precheckout or carryout bag that is not eligible to be labeled with the terms “compostable” or “home compostable” pursuant to this section. (c) The director may issue guidelines, consistent with this chapter, for determining whether a product is not compliant with the labeling requirements of this section, and whether a product is designed, pigmented, or advertised in a manner that is misleading to consumers. (d) A manufacturer or supplier, upon the request of a member of the public, shall submit to that member, within 90 days of the request, information and documentation demonstrating compliance with this chapter, in a format that is easy to understand and scientifically accurate. (e) A product that is in compliance with this chapter shall not, solely as a result of that compliance, be deemed to be in compliance with any other applicable marketing requirement or guideline established under state law or by the Federal Trade Commission. (f) (1) The department may adopt the European Committee for Standardization’s standard specification EN 17033:2018 entitled “Plastics—Biodegradable mulch films for use in agriculture and horticulture—Requirements and test methods” or may adopt a standard that is equivalent to, or more stringent than, that standard, as it read on January 1, 2020. (2) A person may sell or offer for sale commercial agricultural mulch film labeled with the term “soil biodegradable” only if the department has adopted the standard specification, or an equivalent or more stringent standard, pursuant to paragraph (1) and the commercial agricultural mulch film is certified to meet both that specification and the ASTM standard specification for compostability. (3) For purposes of this subdivision, “commercial agricultural mulch film” means film plastic that is used only as a technical tool in commercial farming applications. (g) (1) A person shall not sell or offer for sale a product in this state that is labeled with the term “compostable” or “home compostable” unless the product satisfies all of the following: (A) If any standard specification is applicable to the product pursuant to this chapter and the department has approved a third-party certification entity to certify products according to that standard specification, the product shall have certification that it meets at least one such standard from an approved third-party certification entity for the standard. This requirement shall only apply on and after January 1, 2024, and it shall not apply unless there is, and has been for at least one year immediately prior to the product being sold or offered for sale, a third-party certification entity approved by the department to provide the applicable certification. (B) On and after January 1, 2026, is an allowable agricultural organic input under the requirements of the United States Department of Agriculture National Organic Program. By January 1, 2024, the department, through a public stakeholder process, shall determine whether, for purposes of this section, it would be feasible to separate the collection of products in order to recover organic waste that is suitable for use in organic agricultural applications from the collection of products not suitable for use in organic agricultural applications. If the department determines that such bifurcation is feasible and would enable efficient processing by solid waste processing facilities, the department shall adopt regulations on or before January 1, 2026, to establish a bifurcated approach, and products that are not collected for the purpose of recovering organic waste that is suitable for use in organic agricultural applications shall comply with the department’s regulations and are not subject to the requirements of this subparagraph. The director may grant a five-year extension for complying with this requirement if either of the following apply: (i) The product or substance has or will soon be, as determined by the director, included as allowed on the National List of Allowed and Prohibited Substances (Sections 205.600 to 205.607, inclusive, of Title 7 of the Code of Federal Regulations). (ii) The product or substance has or will soon be, as determined by the director, included as an allowable organic input for compost under federal law. (C) Does not have a total organic fluorine concentration of greater than 100 parts per million, unless the department adopts a different standard that it determines would more effectively limit the presence of perfluoroalkyl or polyfluoroalkyl substances. (D) Is labeled in a manner that distinguishes the product from a noncompostable product upon reasonable inspection by consumers and to help enable efficient processing by solid waste processing facilities. (E) Is designed to be associated with the recovery of desirable organic wastes, such as food scraps and yard trimmings, that are collected for composting, unless the product complies with the department’s regulations pursuant to subparagraph (B), to the extent the department elects to adopt such regulations. (2) The department may adopt regulations for determining whether products comply with the requirements of subparagraph (D) of paragraph (1). The department, in adopting regulations pursuant to this subdivision, may consider whether the regulations are consistent with the product labeling requirements of other states, stakeholder input, and industry-standard guidelines. The regulations may include requirements that products are not designed, pigmented, or advertised in a manner that is misleading to consumers. (Amended by Stats. 2022, Ch. 991, Sec. 2. (SB 1046) Effective January 1, 2023.)
  58. 42357.5.

    ## 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 5.7. Products [42355 - 42358.5] ( Heading of Chapter 5.7 amended by Stats. 2021, Ch. 504, Sec. 1. )

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    Manufacturers of qualifying compostable plastic bags must make the bags clearly identifiable and follow specific labeling rules; the bags must not show chasing-arrow or recycling symbols.

    ## 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 5.7. Products [42355 - 42358.5] ( Heading of Chapter 5.7 amended by Stats. 2021, Ch. 504, Sec. 1. ) ## 42357.5. (a) A manufacturer of a compostable plastic bag meeting an ASTM standard specification specified in paragraph (1) of subdivision (b) of Section 42356 or Section 42356.1 shall ensure that the compostable plastic bag is readily and easily identifiable from other plastic bags in a manner that is consistent with the Federal Trade Commission Guides for the Use of Environmental Marketing Claims (Part 260 (commencing with Section 260.1) of Subchapter B of Chapter I of Title 16 of the Code of Federal Regulations). (b) For purposes of this section, “readily and easily identifiable” means labeling that meets both of the following requirements: (1) Labeled with a certification logo indicating the bag meets the ASTM D6400 standard specification if the bag has been certified as meeting that standard by a recognized third-party independent verification. (2) Labeled in accordance with one of the following: (A) The bag is made of a uniform color of green and labeled with the word “compostable” on one side of the bag, and the label shall be at least one inch in height. (B) Labeled with the word “compostable” on both sides of the bag and the label shall be one of the following: (i) Green color lettering at least one inch in height. (ii) Within a contrasting green color band of at least one inch in height on both sides of the bag with color contrasting lettering of at least one-half inch in height. (c) Notwithstanding paragraph (2) of subdivision (b), if the bag is smaller than 14 inches by 14 inches, the lettering and stripe shall be in proportion to the size of the bag. (d) A compostable plastic bag sold or distributed in the state shall not display a chasing arrow resin identification code or recycling type of symbol in any form. (e) A manufacturer is required to comply with this section only to the extent that the labeling requirements of subdivisions (b), (c), and (d) do not conflict with the Federal Trade Commission Guides for the Use of Environmental Marketing Claims (Part 260 (commencing with Section 260.1) of Subchapter B of Chapter I of Title 16 of the Code of Federal Regulations). (Repealed (in Sec. 2) and added by Stats. 2011, Ch. 594, Sec. 1. (SB 567) Effective January 1, 2012. Section operative January 1, 2013, pursuant to Section 42358.5.)
  59. 42357.6.

    ## 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 5.7. Products [42355 - 42358.5] ( Heading of Chapter 5.7 amended by Stats. 2021, Ch. 504, Sec. 1. )

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    Manufacturers or suppliers making recycled-content marketing claims for plastic food container products must keep written supporting records and provide them to the public on request or via a website link.

    ## 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 5.7. Products [42355 - 42358.5] ( Heading of Chapter 5.7 amended by Stats. 2021, Ch. 504, Sec. 1. ) ## 42357.6. (a) For purposes of this section, “plastic food container product” means a product made of plastic that includes a tray, clamshell container, or other receptacle and that is used, or intended to be used, to hold food. (b) A manufacturer or supplier making an environmental marketing claim relating to the recycled content of a plastic food container product shall maintain information and documentation, which shall be in written form in its records, of both of the following in support of that claim: (1) The recycled content for materials has been recovered or otherwise diverted from the solid waste stream either during the manufacturing process (preconsumer) or after consumer use (postconsumer). (2) The recycled content claim conforms to the uniform standards for recycled content contained in the Federal Trade Commission Guides for the Use of Environmental Marketing Claims (16 C.F.R. Part 260). (c) A manufacturer or supplier shall furnish the information and documentation that it is required to maintain pursuant to this section to any member of the public upon request or provide the information and documentation by furnishing a link to a document on its Internet Web site containing the information and documentation. (d) This section does not limit the requirements of this chapter or any other provision of law. (Amended by Stats. 2017, Ch. 664, Sec. 1. (AB 1294) Effective January 1, 2018.)
  60. 42358.

    ## 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 5.7. Products [42355 - 42358.5] ( Heading of Chapter 5.7 amended by Stats. 2021, Ch. 504, Sec. 1. )

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    This section lets a city, county, or the state impose civil liability for violations of the chapter, with set dollar amounts that increase for repeat 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 5.7. Products [42355 - 42358.5] ( Heading of Chapter 5.7 amended by Stats. 2021, Ch. 504, Sec. 1. ) ## 42358. (a) A city, a county, or the state may impose civil liability in the amount of five hundred dollars ($500) for the first violation of this chapter, one thousand dollars ($1,000) for the second violation, and two thousand dollars ($2,000) for the third and any subsequent violation. (b) Any civil penalties collected pursuant to subdivision (a) shall be paid to the office of the city attorney, city prosecutor, district attorney, or Attorney General, whichever office brought the action. The penalties collected pursuant to this section by the Attorney General may be expended by the Attorney General, upon appropriation by the Legislature, to enforce this chapter. (c) The remedies provided by this section are not exclusive and are in addition to the remedies that may be available pursuant to Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code. (d) The costs incurred by a state agency in carrying out this chapter shall be recoverable by the Attorney General, upon the request of the agency, from the liable person or persons. (Repealed (in Sec. 2) and added by Stats. 2011, Ch. 594, Sec. 1. (SB 567) Effective January 1, 2012. Section operative January 1, 2013, pursuant to Section 42358.5.)
  61. 42358.5.

    ## 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 5.7. Products [42355 - 42358.5] ( Heading of Chapter 5.7 amended by Stats. 2021, Ch. 504, Sec. 1. )

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    This chapter becomes operative on January 1, 2013.

    ## 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 5.7. Products [42355 - 42358.5] ( Heading of Chapter 5.7 amended by Stats. 2021, Ch. 504, Sec. 1. ) ## 42358.5. This chapter shall become operative on January 1, 2013. (Added by Stats. 2011, Ch. 594, Sec. 1. (SB 567) Effective January 1, 2012. Note: This section prescribes a delayed operative date (January 1, 2013) for Chapter 5.7, commencing with Section 42355, as added by Stats. 2011, Ch. 594.)
  62. 42360.

    ## 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 5.9. Plastic Microbeads Nuisance Prevention Law [42360 - 42366] ( Chapter 5.9 added by Stats. 2015, Ch. 594, Sec. 1. )

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    The Legislature states findings about plastic microbeads in personal care products and the harms they cause to the environment and human health.

    ## 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 5.9. Plastic Microbeads Nuisance Prevention Law [42360 - 42366] ( Chapter 5.9 added by Stats. 2015, Ch. 594, Sec. 1. ) ## 42360. The Legislature finds and declares all of the following: (a) Plastic does not biodegrade into elements or compounds commonly found in nature like other organic materials, but, instead, upon exposure to the elements photodegrades into smaller pieces of plastic causing land and water pollution that is virtually impossible to remediate. (b) Plastic pollution is the dominant type of anthropogenic debris found throughout the marine environment. (c) Plastic pollution is an environmental and human health hazard and a public nuisance. (d) Microplastics that are five millimeters or less in diameter become bioavailable as soon as they enter the marine environment and are ingested by marine organisms. (e) Microplastics are persistent organic compounds that attract other pollutants commonly present in the environment, many of which are recognized to have serious deleterious impacts on human health or the environment, including DDT, DDE, PCBs, and flame retardants. (f) PAHs, PCBs, and PBDEs from plastic transfer to fish tissue when ingested and bioaccumulate. (g) Fish that humans consume have been found to ingest microplastics, which are then ingested by the humans who consume these fish. (h) Consumer personal care products such as facial scrubs, soaps, and toothpaste increasingly contain thousands of microplastics in the form of plastic microbeads that are flushed down drains or make their way into the environment by other means as part of their intended use. (i) Plastic microbeads in personal care products are generally not recoverable through ordinary wastewater treatment and can be released into the environment. (j) Plastic microbeads have been found in surface waters within the United States, as well as in fish, marine mammals, reptiles, mussels, and worms. (k) There are economically feasible alternatives to plastic microbeads used in personal care products, as evidenced by the current use of biodegradable, natural, abrasive materials in personal care products such as beeswax, shells, nuts, seeds, and sand. (Added by Stats. 2015, Ch. 594, Sec. 1. (AB 888) Effective January 1, 2016.)
  63. 42361.

    ## 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 5.9. Plastic Microbeads Nuisance Prevention Law [42360 - 42366] ( Chapter 5.9 added by Stats. 2015, Ch. 594, Sec. 1. )

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    This section defines key terms used in the chapter, including “person,” “personal care product,” and “plastic microbead.”

    ## 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 5.9. Plastic Microbeads Nuisance Prevention Law [42360 - 42366] ( Chapter 5.9 added by Stats. 2015, Ch. 594, Sec. 1. ) ## 42361. As used in this chapter, the following terms have the following meanings: (a) “Person” means an individual, business, or other entity. (b) (1) “Personal care product” means an article intended to be rubbed, poured, sprinkled, or sprayed on, introduced to, or otherwise applied to, the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance, and an article intended for use as a component of that type of article. (2) “Personal care product” does not include a prescription drug, as defined in Section 110010.2 of the Health and Safety Code. (c) “Plastic microbead” means an intentionally added solid plastic particle measuring five millimeters or less in every dimension. (Added by Stats. 2015, Ch. 594, Sec. 1. (AB 888) Effective January 1, 2016.)
  64. 42362.

    ## 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 5.9. Plastic Microbeads Nuisance Prevention Law [42360 - 42366] ( Chapter 5.9 added by Stats. 2015, Ch. 594, Sec. 1. )

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    A person must not sell or promote personal care products with plastic microbeads used to exfoliate or cleanse in rinse-off products in this state on and after January 1, 2020.

    ## 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 5.9. Plastic Microbeads Nuisance Prevention Law [42360 - 42366] ( Chapter 5.9 added by Stats. 2015, Ch. 594, Sec. 1. ) ## 42362. On and after January 1, 2020, a person shall not sell or offer for promotional purposes in this state any personal care products containing plastic microbeads that are used to exfoliate or cleanse in a rinse-off product, including, but not limited to, toothpaste. (Added by Stats. 2015, Ch. 594, Sec. 1. (AB 888) Effective January 1, 2016.)
  65. 42363.

    ## 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 5.9. Plastic Microbeads Nuisance Prevention Law [42360 - 42366] ( Chapter 5.9 added by Stats. 2015, Ch. 594, Sec. 1. )

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    Section 42362 does not apply to a person selling or offering for promotional purposes a personal care product with plastic microbeads below 1 ppm by weight.

    ## 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 5.9. Plastic Microbeads Nuisance Prevention Law [42360 - 42366] ( Chapter 5.9 added by Stats. 2015, Ch. 594, Sec. 1. ) ## 42363. Section 42362 shall not apply to a person that sells or offers for promotional purposes a personal care product containing plastic microbeads in an amount less than 1 part per million (ppm) by weight. (Added by Stats. 2015, Ch. 594, Sec. 1. (AB 888) Effective January 1, 2016.)
  66. 42364.

    ## 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 5.9. Plastic Microbeads Nuisance Prevention Law [42360 - 42366] ( Chapter 5.9 added by Stats. 2015, Ch. 594, Sec. 1. )

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    A person who violates or threatens to violate Section 42362 may be enjoined, and a person who has violated Section 42362 may face a civil penalty of up to $2,500 per day for each violation.

    ## 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 5.9. Plastic Microbeads Nuisance Prevention Law [42360 - 42366] ( Chapter 5.9 added by Stats. 2015, Ch. 594, Sec. 1. ) ## 42364. (a) A person who violates or threatens to violate Section 42362 may be enjoined in any court of competent jurisdiction. (b) (1) A person who has violated Section 42362 is liable for a civil penalty not to exceed two thousand five hundred dollars ($2,500) per day for each violation in addition to any other penalty established by law. That civil penalty may be assessed and recovered in a civil action brought in any court of competent jurisdiction. (2) In assessing the amount of a civil penalty for a violation of this chapter, the court shall consider all of the following: (A) The nature and extent of the violation. (B) The number of, and severity of, the violations. (C) The economic effect of the penalty on the violator. (D) Whether the violator took good faith measures to comply with this chapter and when these measures were taken. (E) The deterrent effect that the imposition of the penalty would have on both the violator and the regulated community as a whole. (F) Any other factor that justice may require. (c) Actions pursuant to this section may be brought by the Attorney General in the name of the people of the state, by a district attorney, by a city attorney, or by a city prosecutor in a city or city and county having a full-time city prosecutor. (d) Civil penalties collected pursuant to this section shall be paid to the office of the city attorney, city prosecutor, district attorney, or Attorney General, whichever office brought the action. (Added by Stats. 2015, Ch. 594, Sec. 1. (AB 888) Effective January 1, 2016.)
  67. 42366.

    ## 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 5.9. Plastic Microbeads Nuisance Prevention Law [42360 - 42366] ( Chapter 5.9 added by Stats. 2015, Ch. 594, Sec. 1. )

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    Penalties under this chapter are added on top of other penalties allowed by law, and the chapter does not change existing legal obligations or create extra defenses.

    ## 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 5.9. Plastic Microbeads Nuisance Prevention Law [42360 - 42366] ( Chapter 5.9 added by Stats. 2015, Ch. 594, Sec. 1. ) ## 42366. This chapter does not alter or diminish any legal obligation otherwise required in common law or by statute or regulation, and this chapter does not create or enlarge any defense in any action to enforce the legal obligation. Penalties and sanctions imposed pursuant to this chapter shall be in addition to any penalties or sanctions otherwise prescribed by law. (Added by Stats. 2015, Ch. 594, Sec. 1. (AB 888) Effective January 1, 2016.)
  68. 42370.

    ## 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 6. Sustainable Packaging for the State of California Act of 2018 [42370 - 42370.7] ( Chapter 6 added by Stats. 2018, Ch. 610, Sec. 1. )

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    This chapter is called the Sustainable Packaging for the State of California Act of 2018.

    ## 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 6. Sustainable Packaging for the State of California Act of 2018 [42370 - 42370.7] ( Chapter 6 added by Stats. 2018, Ch. 610, Sec. 1. ) ## 42370. This chapter shall be known, and may be cited, as the Sustainable Packaging for the State of California Act of 2018. (Added by Stats. 2018, Ch. 610, Sec. 1. (SB 1335) Effective January 1, 2019.)
  69. 42370.1.

    ## 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 6. Sustainable Packaging for the State of California Act of 2018 [42370 - 42370.7] ( Chapter 6 added by Stats. 2018, Ch. 610, Sec. 1. )

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    This section defines key terms used in the chapter, including beverage container, food service facility, food service packaging, and prepared food.

    ## 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 6. Sustainable Packaging for the State of California Act of 2018 [42370 - 42370.7] ( Chapter 6 added by Stats. 2018, Ch. 610, Sec. 1. ) ## 42370.1. For purposes of this chapter, the following terms have the following meanings: (a) “Beverage container” has the same meaning as defined in Section 14505. (b) “Food service facility” means an operation or business that is located in a state-owned facility, operating on or acting as a concessionaire on state property, or under contract to provide food service to a state agency and that stores, prepares, packages, serves, vends, or otherwise provides prepared food. “Food service facility” may include, but is not limited to, a cafeteria, commissary, restaurant, deli, store, shop, market, or mobile food unit. (c) (1) “Food service packaging” means a product used for serving or transporting prepared, ready-to-consume food or beverages, including, but not limited to, plates, cups, bowls, trays, and hinged or lidded containers. (2) “Food service packaging” does not include any of the following: (A) Straws, cup lids, plastic bags, and utensils. (B) Single-use disposable packaging for unprepared foods. (C) Beverage containers. (D) Ceramic, porcelain, glass, or nonfoil metal food service packaging that is cleaned and reused by the food service facility. (E) Products defined as drugs, devices, or medical food pursuant to the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Secs. 321(g), 321(h), and 360ee(b)(3)) and recommended or prescribed by a medical professional or otherwise determined by a food service facility to be reasonably necessary for accommodating medical- or health-related needs, including packaging used for these products. (F) Products, including, but not limited to, devices, adaptors, utensils, and containers, used at any of the following types of facilities and recommended or prescribed by a medical professional or otherwise determined by a food service facility to be reasonably necessary intended to assist the facility’s residents or other individuals receiving care at the facility in the performance of functions related to the service and consumption of food or to otherwise protect the facility’s residents’ or other individual’s health or safety, if the facility determines that the products, or their functional equivalents as determined by the facility, are not on the list developed by the department pursuant to Section 42370.3: (i) A health facility, as defined in Section 1250 of the Health and Safety Code. (ii) A residential care facility for the elderly, as defined in Section 1569.2 of the Health and Safety Code. (iii) A community care facility, as defined in subdivision (a) of Section 1502 of the Health and Safety Code. (iv) Any other facility that provides medical treatment or other health-related services to patients under the care of a medical professional. (d) “Prepared food” means a food or beverage prepared for consumption on or off a food service facility’s premises, using any cooking or food preparation technique. “Prepared food” does not include prepackaged, sealed food that is mass produced by a third party off the premises of the food service facility. (Amended by Stats. 2021, Ch. 755, Sec. 5. (AB 1570) Effective January 1, 2022.)
  70. 42370.2.

    ## 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 6. Sustainable Packaging for the State of California Act of 2018 [42370 - 42370.7] ( Chapter 6 added by Stats. 2018, Ch. 610, Sec. 1. )

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    The department must adopt regulations by January 1, 2021 to create a process and criteria for classifying food service packaging as reusable, recyclable, or compostable.

    ## 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 6. Sustainable Packaging for the State of California Act of 2018 [42370 - 42370.7] ( Chapter 6 added by Stats. 2018, Ch. 610, Sec. 1. ) ## 42370.2. (a) (1) On or before January 1, 2021, the department shall adopt regulations to establish a process, and develop criteria, for determining the types of food service packaging that are reusable, recyclable, or compostable. (2) The department shall adopt the regulations in consultation with the Department of General Services, the Department of Rehabilitation, the Department of Parks and Recreation, the Ocean Protection Council, the Department of Toxic Substances Control, and any other appropriate state and local agencies. (3) As part of the regulatory process, the department shall seek input and feedback from stakeholders, including, but not limited to, food service packaging manufacturers, environmental and public health organizations, and food service facilities. (b) (1) The regulations adopted pursuant to subdivision (a) shall be used for determining the types of food service packaging that may be included on the list developed pursuant to Section 42370.3. (2) The regulations shall also specify how the list shall be maintained and updated, in accordance with subdivision (b) of Section 42370.3. (3) If determined practicable by the department, the department may establish a process to authorize regional use of food service packaging that is consistent with the requirements and considerations of this section. (c) For purposes of determining if a type of food service packaging is reusable pursuant to subdivision (a), the director shall consider, at a minimum, all of the following criteria: (1) Whether the packaging is conventionally disposed of after a single use. (2) Whether the packaging is sufficiently durable and washable to allow for multiple uses. (d) For purposes of determining if a type of food service packaging is recyclable pursuant to subdivision (a), the director shall consider, at a minimum, all of the following criteria: (1) Whether the type of food service packaging is eligible to be labeled as “recyclable” in accordance with the uniform standards contained in Article 7 (commencing with Section 17580) of Chapter 1 of Part 3 of Division 7 of the Business and Professions Code. (2) Whether the type of food service packaging is regularly collected, separated, and cleansed for recycling by recycling service providers. (3) Whether the type of food service packaging is regularly sorted and aggregated into defined streams for recycling processes. (4) Whether the type of food service packaging is regularly processed and reclaimed or recycled with commercial recycling processes. (5) Whether the food service packaging material regularly becomes feedstock that is used in the production of new products. (6) Whether the food service packaging material is recycled in sufficient quantity, and is of sufficient quality, to maintain a market value. (e) For purposes of determining if a type of food service packaging is compostable pursuant to subdivision (a), the director shall consider, at a minimum, all of the following criteria: (1) Whether the food service packaging will, in a safe and timely manner, break down or otherwise become part of usable compost that can be composted in a public or private aerobic compost facility designed for and capable of processing postconsumer food waste and food-soiled paper. (2) Whether food service packaging made from plastic is certified to meet the ASTM standard specification identified in either subparagraph (A) or (C) of paragraph (1) of subdivision (b) of Section 42356 and adopted in accordance with Section 42356.1, if applicable. (3) Whether the food service packaging is regularly collected and accepted for processing at public and private compost facilities. (4) Whether the type of food service packaging is eligible to be labeled as “compostable” in accordance with the uniform standards contained in Article 7 (commencing with Section 17580) of Chapter 1 of Part 3 of Division 7 of the Business and Professions Code. (f) (1) In developing regulations pursuant to subdivision (a), the department may consult with local governments and representatives of the solid waste industry, the recycling industry, the compost industry, and food service packaging manufacturers to determine if a type of food service packaging is recyclable, reusable, or compostable. (2) Local governments, solid waste facilities, recycling facilities, and composting facilities shall provide information requested by the department pursuant to paragraph (1) to the department. (g) In developing regulations pursuant to subdivision (a), the department may take into account potential impacts on litter, public health, and wildlife. In evaluating these impacts, the department may consider any of the following: (1) Information on the volume of food service packaging litter obtained from state entities or organizations that regularly conduct litter cleanup activities. (2) Litter reduction policies that would assist in compliance with the State Water Resources Control Board’s Statewide Trash Policy and the Ocean Protection Council’s Ocean Litter Prevention Strategy. (3) Whether the Department of Toxic Substances Control has identified as a priority product a chemical used in the manufacture of a type of food service packaging pursuant to Chapter 55 (commencing with Section 69501) of Division 4.5 of Title 22 of the California Code of Regulations. (4) Existing scientific information available from the United States Food and Drug Administration and the Office of Environmental Health Hazard Assessment pertaining to the specific chemical used in the manufacture of a type of food service packaging. (5) Information on the impacts that improperly disposed of food service packaging may have on wildlife, as well as policy recommendations, including waste collection infrastructure improvements, that could be implemented at state facilities to reduce the impact on wildlife. (h) The department may convene a stakeholder group to assist the department in implementing this section that consists of, but is not limited to, litter prevention organizations, environmental organizations, and trade associations representing food service packaging manufacturers or suppliers. (Amended by Stats. 2019, Ch. 497, Sec. 233. (AB 991) Effective January 1, 2020.)
  71. 42370.3.

    ## 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 6. Sustainable Packaging for the State of California Act of 2018 [42370 - 42370.7] ( Chapter 6 added by Stats. 2018, Ch. 610, Sec. 1. )

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    The department must create and publish a list of approved food service packaging, keep it updated, and review it at least every five years; manufacturers seeking inclusion may be required to submit 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 6. Sustainable Packaging for the State of California Act of 2018 [42370 - 42370.7] ( Chapter 6 added by Stats. 2018, Ch. 610, Sec. 1. ) ## 42370.3. (a) The department shall develop a list of approved types of food service packaging that may be used by food service facilities and publish the list on its internet website within 90 days of the Office of Administrative Law approving the regulations adopted by the department pursuant to Section 42370.2. The department shall include on the list only a type of food service packaging that is reusable, recyclable, or compostable, as determined by the regulations adopted by the department pursuant to Section 42370.2. (b) The department shall regularly, but no less than once every five years, evaluate the list of approved types of food service packaging to determine whether each type of approved food service packaging is reusable, recyclable, or compostable. After evaluation, the department may amend the list to remove or add a type of food service packaging based on whether it is reusable, recyclable, or compostable. The department shall post any updates to the list on its internet website. (c) A manufacturer that seeks to have included on the list a type of food service packaging or material may be required by the department to submit data for purposes of the department’s evaluation of whether to include the type of food service packaging or material on the list. (d) Development of, publication of, and updates made to the list pursuant to this section 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. 2019, Ch. 497, Sec. 234. (AB 991) Effective January 1, 2020.)
  72. 42370.4.

    ## 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 6. Sustainable Packaging for the State of California Act of 2018 [42370 - 42370.7] ( Chapter 6 added by Stats. 2018, Ch. 610, Sec. 1. )

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    A food service facility generally may not serve prepared food in food service packaging unless that packaging type is on the approved list, but limited grandfathering exceptions apply for certain existing inventory and earlier contracts.

    ## 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 6. Sustainable Packaging for the State of California Act of 2018 [42370 - 42370.7] ( Chapter 6 added by Stats. 2018, Ch. 610, Sec. 1. ) ## 42370.4. (a) On and after the date the list of approved types of food service packaging is published pursuant to Section 42370.3, and except as provided in subdivision (b), a food service facility shall not dispense prepared food using food service packaging unless the type of food service packaging is on that list. (b) A food service facility may use food service packaging that is not on the list maintained and updated by the department pursuant to Section 42370.3 under any of the following circumstances: (1) The food service facility possessed that specific inventory of food service packaging before the date the list was published. (2) The food service facility possessed that specific inventory of food service packaging before the list maintained pursuant to Section 42370.3 was updated to remove the type of food service packaging and the type of food service packaging was on the list when the food service facility took possession of the food service packaging. (3) The food service facility acquired that specific inventory of food service packaging pursuant to a contract entered into before the date the list was published. (4) The food service facility acquired that specific inventory of food service packaging pursuant to a contract entered into before the list maintained pursuant to Section 42370.3 was updated to remove the type of food service packaging and the type of food service packaging was on the list when the food service facility entered into the contract. (c) For a contract that is subject to this section and that is entered into, renewed, or updated after the date the list was published, the food service facility shall be responsible for ensuring that the food service packaging subject to the contract is in compliance with this section. (Added by Stats. 2018, Ch. 610, Sec. 1. (SB 1335) Effective January 1, 2019.)
  73. 42370.5.

    ## 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 6. Sustainable Packaging for the State of California Act of 2018 [42370 - 42370.7] ( Chapter 6 added by Stats. 2018, Ch. 610, Sec. 1. )

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    A food service facility must let the department inspect certain supplier documents on request and keep chapter-related records for at least five years, unless the department sets a different period.

    ## 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 6. Sustainable Packaging for the State of California Act of 2018 [42370 - 42370.7] ( Chapter 6 added by Stats. 2018, Ch. 610, Sec. 1. ) ## 42370.5. (a) In order to ensure compliance with this chapter, a food service facility shall provide, upon request by the department, reasonable and timely access, as determined by the department, to contracts, invoices, and purchase orders between the food service facility and a food service packaging manufacturer or distributor that include information demonstrating whether the food service packaging material acquired by the food service facility is in compliance with this chapter. (b) A food service facility shall maintain any record related to the requirements of this chapter for a minimum of five years, or another period of time as determined by the department. (c) Records supplied to the department pursuant to this section that are, at the time of submission, claimed to be trade secrets, proprietary, or confidential shall be subject to Article 4 (commencing with Section 17041) of Chapter 1 of Division 7 of Title 14 of the California Code of Regulations, as applicable. (Added by Stats. 2018, Ch. 610, Sec. 1. (SB 1335) Effective January 1, 2019.)
  74. 42370.6.

    ## 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 6. Sustainable Packaging for the State of California Act of 2018 [42370 - 42370.7] ( Chapter 6 added by Stats. 2018, Ch. 610, Sec. 1. )

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    The Department of General Services, and state agencies in certain food-service contracts, must make sure those contracts comply with this chapter and must publish required packaging information and related requirements within 90 days after the approved packaging list is published.

    ## 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 6. Sustainable Packaging for the State of California Act of 2018 [42370 - 42370.7] ( Chapter 6 added by Stats. 2018, Ch. 610, Sec. 1. ) ## 42370.6. (a) The Department of General Services or any state agency that is entering into a contract or agreement or amending an existing contract or agreement with a food service facility shall ensure that the relevant contract or agreement conforms to any applicable provisions of this chapter. (b) The Department of General Services shall do all of the following: (1) Publish, within 90 days of the date the list of approved types of food service packaging is published pursuant to Section 42370.3, the approved food service packaging types on its Internet Web site. (2) Publish, within 90 days of the date the list of approved types of food service packaging is published pursuant to Section 42370.3, the requirements imposed on a food service facility under this chapter in the State Contracting Manual. (3) Ensure that any new, modified, or renewed agreements, contracts, or procurement undertaken by a food service facility as part of a contract or agreement with the Department of General Services complies with the requirements of this chapter. (4) When reasonably feasible, provide a food service facility with which it has a contract or agreement with resources to identify food service packaging suppliers, distributors, brokers, or manufacturers that sell the types of food service packaging approved pursuant to Section 42370.3. (c) The Department of General Services shall take the appropriate steps, including, but not limited to, revising relevant state contracting and procurement rules and procedures, in order to fulfill the requirements of subdivision (b). (Added by Stats. 2018, Ch. 610, Sec. 1. (SB 1335) Effective January 1, 2019.)
  75. 42370.7.

    ## 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 6. Sustainable Packaging for the State of California Act of 2018 [42370 - 42370.7] ( Chapter 6 added by Stats. 2018, Ch. 610, Sec. 1. )

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    Local governments may adopt and enforce more restrictive takeout food packaging 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 6. Sustainable Packaging for the State of California Act of 2018 [42370 - 42370.7] ( Chapter 6 added by Stats. 2018, Ch. 610, Sec. 1. ) ## 42370.7. This chapter does not preempt the authority of a city, county, or city and county to adopt and enforce additional takeout food packaging ordinances, regulations, or policies that are more restrictive than the applicable standards required by this chapter. (Added by Stats. 2018, Ch. 610, Sec. 1. (SB 1335) Effective January 1, 2019.)
  76. 42372.

    ## 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 6.1. Small Plastic Bottles [42372- 42372.] ( Chapter 6.1 added by Stats. 2019, Ch. 687, Sec. 1. )

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    Lodging establishments may not provide small plastic bottles with personal care products to guests, except in limited request-based situations away from sleeping rooms and shared bathrooms.

    ## 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 6.1. Small Plastic Bottles [42372- 42372.] ( Chapter 6.1 added by Stats. 2019, Ch. 687, Sec. 1. ) ## 42372. (a) For purposes of this section, the following definitions shall apply: (1) “Hosted rental” means a house, apartment, or other livable space where the person providing sleeping accommodations is a permanent resident who lives on the premises. (2) “Lodging establishment” means an establishment that contains one or more sleeping room accommodations that are rented or otherwise provided to the public, including, but not limited to, a hotel, motel, resort, bed and breakfast inn, or vacation rental. “Lodging establishment” does not include a hospital, nursing home, residential retirement community, prison, jail, homeless shelter, boarding school, worker housing, long-term rental, or hosted rental. (3) “Personal care product” means a product intended to be applied to or used on the human body in the shower, bath, or any part thereof and shall include only shampoo, hair conditioner, and bath soap. (4) “Plastic” means any synthetic material made from organic polymers, such as polyethylene, polyvinyl chloride (PVC), or nylon, that can be molded into shape while soft and then set into a rigid or slightly elastic form. “Plastic” includes all materials identified with resin codes 1 to 7, inclusive, as provided in Section 18015. (5) “Small plastic bottle” means a plastic bottle or container with less than a 6-ounce capacity that is intended to be nonreusable by the end user. (b) Commencing January 1, 2023, for lodging establishments with more than 50 rooms, and January 1, 2024, for lodging establishments with 50 rooms or less, a lodging establishment shall not provide a small plastic bottle containing a personal care product to a person staying in a sleeping room accommodation, in any space within the sleeping room accommodation, or within bathrooms shared by the public or guests. (c) A lodging establishment is encouraged to use bulk dispensers of personal care products to reduce plastic waste and lower operating costs, mindful of the health and safety of a person. (d) A lodging establishment may provide personal care products in small plastic bottles to a person at no cost, upon request, at a place other than a sleeping room accommodation, a space within the sleeping room accommodation, or within bathrooms shared by the public or guests. (e) A local agency with authority to inspect sleeping accommodations in a lodging establishment may issue a citation for a violation of subdivision (b). Upon a first violation, the local agency shall issue a written warning, which shall recite the violation and advise that subsequent violations may result in citations. Upon a second or subsequent violation, the local agency may impose a penalty of five hundred dollars ($500) for each day the lodging establishment is in violation, but not to exceed two thousand dollars ($2,000) annually. (f) A lodging establishment in violation of subdivision (b) is liable for a civil penalty of five hundred dollars ($500) for the first violation and two thousand dollars ($2,000) for a second or subsequent violation. The Attorney General or a district attorney, county counsel, or city attorney may bring an action to impose a civil penalty pursuant to this subdivision. (g) (1) On and after January 1, 2020, a city, county, or city and county shall not pass or enforce an ordinance, resolution, regulation, or rule relating to personal care products in plastic bottles provided at lodging establishments, except as provided in paragraph (2). (2) A city, county, or city and county that, before January 1, 2020, passed an ordinance, resolution, regulation, or rule relating to personal care products in plastic bottles provided at lodging establishments may enforce that ordinance, resolution, regulation, or rule, if it is at least as stringent as, and not in conflict with, this section. (3) The Legislature finds and declares that the prohibition of personal care products in plastic bottles as specified in this section is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this section applies to all cities, counties, and cities and counties, including charter cities. (Added by Stats. 2019, Ch. 687, Sec. 1. (AB 1162) Effective January 1, 2020.)
  77. 42390.

    ## 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 6.5. Expanded Polystyrene Loosefill Packaging [42390- 42390.] ( Chapter 6.5 added by Stats. 2008, Ch. 471, Sec. 1. )

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    Wholesalers and manufacturers generally may not sell expanded polystyrene loosefill packaging in this state, unless the product meets the listed recycled-content 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 6.5. Expanded Polystyrene Loosefill Packaging [42390- 42390.] ( Chapter 6.5 added by Stats. 2008, Ch. 471, Sec. 1. ) ## 42390. (a) For purposes of this chapter, the following definitions shall apply: (1) “Manufacturer” means a person who manufactures expanded polystyrene loosefill packaging material for sale in this state. (2) “Recycled material” means feedstock material from any of the following that has been diverted from landfill disposal: (A) Material derived from a finished polystyrene product that has completed its intended end use and product life cycle. (B) Material derived from a blemished, flawed, or otherwise unusable finished polystyrene product. (C) Material derived from manufacturing and fabrication scrap from production of a finished polystyrene product. (3) “Wholesaler” means a person who purchases expanded polystyrene loosefill packaging for resale in this state. (b) Except as provided in subdivision (c), on and after January 1, 2012, a wholesaler or manufacturer shall not sell or offer for sale in this state expanded polystyrene loosefill packaging material. (c) Subdivision (b) does not apply to expanded polystyrene loosefill packaging materials that complies with the following requirements: (1) On and after January 1, 2012, until December 31, 2013, inclusive, it is comprised of at least 60 percent recycled material. (2) On and after January 1, 2014, until December 31, 2016, inclusive, it is comprised of at least 80 percent recycled material. (3) On and after January 1, 2017, it is comprised of 100 percent recycled material. (d) A wholesaler or manufacturer who sells or offers for sale at retail in this state expanded polystyrene loosefill packaging material in violation of this chapter is guilty of an infraction and shall be punished by a fine not exceeding one thousand dollars ($1,000). (Added by Stats. 2008, Ch. 471, Sec. 1. Effective January 1, 2009.)
  78. 42395.

    ## 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 6.6. Reusable or Refillable Propane Cylinders [42395 - 42395.2] ( Chapter 6.6 added by Stats. 2024, Ch. 466, Sec. 1. )

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    This section defines when a propane cylinder counts as reusable or refillable, and lists several types of cylinders that are excluded.

    ## 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 6.6. Reusable or Refillable Propane Cylinders [42395 - 42395.2] ( Chapter 6.6 added by Stats. 2024, Ch. 466, Sec. 1. ) ## 42395. (a) For purposes of this chapter, “reusable” or “refillable” or “reuse” or “refill,” in regard to propane cylinders means a cylinder that satisfies all of the following: (1) Explicitly designed and marketed to be utilized multiple times for the same product. (2) Designed for durability to function properly in its original condition for multiple uses. (3) Supported by adequate infrastructure to ensure the cylinders can be conveniently and safely reused or refilled for multiple cycles. (b) For purposes of this chapter, “propane cylinder” does not include any of the following: (1) Cylinders that are customarily designed for use in the construction industry and, when full, contain less than 15 ounces of fuel, whether filled solely with propane or not. (2) Cylinders that have an overall product height-to-width ratio of 3.55 to 1 or greater. (3) Cylinders that are offered to a state or local government agency for purchase pursuant to the United States General Services Administration’s State and Local Disaster Purchasing Program, or a successor program. (Added by Stats. 2024, Ch. 466, Sec. 1. (SB 1280) Effective January 1, 2025.)
  79. 42395.1.

    ## 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 6.6. Reusable or Refillable Propane Cylinders [42395 - 42395.2] ( Chapter 6.6 added by Stats. 2024, Ch. 466, Sec. 1. )

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    Starting January 1, 2028, only reusable or refillable propane cylinders may be sold or offered for sale in this state.

    ## 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 6.6. Reusable or Refillable Propane Cylinders [42395 - 42395.2] ( Chapter 6.6 added by Stats. 2024, Ch. 466, Sec. 1. ) ## 42395.1. On and after January 1, 2028, only reusable or refillable propane cylinders shall be sold or offered for sale in this state. (Added by Stats. 2024, Ch. 466, Sec. 1. (SB 1280) Effective January 1, 2025.)
  80. 42395.2.

    ## 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 6.6. Reusable or Refillable Propane Cylinders [42395 - 42395.2] ( Chapter 6.6 added by Stats. 2024, Ch. 466, Sec. 1. )

    Verify source ↗

    The department must adopt regulations to implement this chapter, and the provision states an effective date of January 1, 2028.

    ## 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 6.6. Reusable or Refillable Propane Cylinders [42395 - 42395.2] ( Chapter 6.6 added by Stats. 2024, Ch. 466, Sec. 1. ) ## 42395.2. The department shall adopt regulations to implement this chapter with an effective date of January 1, 2028. (Added by Stats. 2024, Ch. 466, Sec. 1. (SB 1280) Effective January 1, 2025.)
  81. 42400.

    ## 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 7. Retreaded Tire Program [42400 - 42416] ( Chapter 7 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## ARTICLE 1. Definitions [42400 - 42401] ( Article 1 added by Stats. 1989, Ch. 1096, Sec. 2. )

    Verify source ↗

    This section says the definitions in this chapter 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 7. Retreaded Tire Program [42400 - 42416] ( Chapter 7 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## ARTICLE 1. Definitions [42400 - 42401] ( Article 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## 42400. The following definitions govern the construction of this chapter. (Added by Stats. 1989, Ch. 1096, Sec. 2.)
  82. 42401.

    ## 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 7. Retreaded Tire Program [42400 - 42416] ( Chapter 7 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## ARTICLE 1. Definitions [42400 - 42401] ( Article 1 added by Stats. 1989, Ch. 1096, Sec. 2. )

    Verify source ↗

    This section defines “retreaded tire” as a tire made using an existing casing and new tread, if it meets specified federal safety and quality standards.

    ## 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 7. Retreaded Tire Program [42400 - 42416] ( Chapter 7 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## ARTICLE 1. Definitions [42400 - 42401] ( Article 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## 42401. “Retreaded tire” means any tire that utilizes an existing casing for the purpose of vulcanizing new tread to such casing which meets all performance and quality standards specified in the Federal Motor Vehicle Safety Standards determined by the United States Department of Transportation. (Added by Stats. 1989, Ch. 1096, Sec. 2.)
  83. 42410.

    ## 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 7. Retreaded Tire Program [42400 - 42416] ( Chapter 7 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## ARTICLE 2. Retreaded Tire Program [42410 - 42416] ( Article 2 added by Stats. 1989, Ch. 1096, Sec. 2. )

    Verify source ↗

    The board must review quality standards for retreaded tires, identify barriers to a bigger market, and include the results and planned activities in the Section 42950 reporting 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 7. Retreaded Tire Program [42400 - 42416] ( Chapter 7 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## ARTICLE 2. Retreaded Tire Program [42410 - 42416] ( Article 2 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## 42410. The board shall evaluate current state and federal quality standards for retreaded tires and identify the obstacles for an increased market for retreads. The results of this evaluation and the activities that the board will undertake to increase the use of retreaded tires shall be included in the reporting requirements specified in Section 42950. (Added by Stats. 1989, Ch. 1096, Sec. 2.)
  84. 42411.

    ## 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 7. Retreaded Tire Program [42400 - 42416] ( Chapter 7 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## ARTICLE 2. Retreaded Tire Program [42410 - 42416] ( Article 2 added by Stats. 1989, Ch. 1096, Sec. 2. )

    Verify source ↗

    The Department of General Services and the board must adopt retreaded tire purchase specifications for the State, including minimum quality standards, and design them to encourage retreads without reducing safety.

    ## 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 7. Retreaded Tire Program [42400 - 42416] ( Chapter 7 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## ARTICLE 2. Retreaded Tire Program [42410 - 42416] ( Article 2 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## 42411. The Department of General Services and the board, in consultation with representatives of the California retreading industry, shall adopt specifications for the purchase of retreaded tires by the State of California. The specifications shall designate the state minimum quality standards for retreaded tires. The specifications shall be designed to maximize the use of retreads without jeopardizing the safety of the occupants of the vehicle or the intended end use of the tire. (Amended by Stats. 1990, Ch. 1156, Sec. 6.)
  85. 42412.

    ## 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 7. Retreaded Tire Program [42400 - 42416] ( Chapter 7 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## ARTICLE 2. Retreaded Tire Program [42410 - 42416] ( Article 2 added by Stats. 1989, Ch. 1096, Sec. 2. )

    Verify source ↗

    By July 1, 1991, state vehicles issued for short-term use through Fleet Administration were to be fitted with retreaded tires at the next tire installation, after using existing stock first.

    ## 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 7. Retreaded Tire Program [42400 - 42416] ( Chapter 7 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## ARTICLE 2. Retreaded Tire Program [42410 - 42416] ( Article 2 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## 42412. On or before July 1, 1991, and to the extent that existing stock shall be utilized first, all tires for use on state vehicles issued for short-term use through Fleet Administration shall, at the next required installation of tires, be equipped with retreaded tires. (Added by Stats. 1989, Ch. 1096, Sec. 2.)
  86. 42413.

    ## 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 7. Retreaded Tire Program [42400 - 42416] ( Chapter 7 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## ARTICLE 2. Retreaded Tire Program [42410 - 42416] ( Article 2 added by Stats. 1989, Ch. 1096, Sec. 2. )

    Verify source ↗

    Emergency vehicles defined in Section 165 of the California Vehicle Code are exempt from this provision.

    ## 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 7. Retreaded Tire Program [42400 - 42416] ( Chapter 7 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## ARTICLE 2. Retreaded Tire Program [42410 - 42416] ( Article 2 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## 42413. Emergency vehicles, as defined in Section 165 of the California Vehicle Code are exempt from this provision. (Added by Stats. 1989, Ch. 1096, Sec. 2.)
  87. 42414.

    ## 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 7. Retreaded Tire Program [42400 - 42416] ( Chapter 7 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## ARTICLE 2. Retreaded Tire Program [42410 - 42416] ( Article 2 added by Stats. 1989, Ch. 1096, Sec. 2. )

    Verify source ↗

    The Department of General Services must tabulate each fiscal year’s purchases of retreaded tires and forward the number to the board by August 31 every 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 7. Retreaded Tire Program [42400 - 42416] ( Chapter 7 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## ARTICLE 2. Retreaded Tire Program [42410 - 42416] ( Article 2 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## 42414. The number of retreaded tires purchased annually by the Department of General Services during each fiscal year shall be tabulated and forwarded to the board by August 31 every year. (Amended by Stats. 1996, Ch. 1038, Sec. 20. Effective September 29, 1996.)
  88. 42415.

    ## 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 7. Retreaded Tire Program [42400 - 42416] ( Chapter 7 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## ARTICLE 2. Retreaded Tire Program [42410 - 42416] ( Article 2 added by Stats. 1989, Ch. 1096, Sec. 2. )

    Verify source ↗

    The board must study whether retreaded tires bought by the Department of General Services meet the quality and performance criteria of a new tire, and it must do so in consultation with that 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 7. Retreaded Tire Program [42400 - 42416] ( Chapter 7 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## ARTICLE 2. Retreaded Tire Program [42410 - 42416] ( Article 2 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## 42415. The board, in consultation with the Department of General Services, shall perform a study to determine if the retreads, procured by the Department of General Services, have met all quality and performance criteria of a new tire. (Amended by Stats. 1996, Ch. 1038, Sec. 21. Effective September 29, 1996.)
  89. 42416.

    ## 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 7. Retreaded Tire Program [42400 - 42416] ( Chapter 7 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## ARTICLE 2. Retreaded Tire Program [42410 - 42416] ( Article 2 added by Stats. 1989, Ch. 1096, Sec. 2. )

    Verify source ↗

    The board must, by July 1, 1991, work with the retreading industry to create a procedure for estimating retreads sold in 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 7. Retreaded Tire Program [42400 - 42416] ( Chapter 7 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## ARTICLE 2. Retreaded Tire Program [42410 - 42416] ( Article 2 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## 42416. On or before July 1, 1991, the board shall, in consultation with the retreading industry, develop a procedure to estimate the number of retreads sold in California. This information, in addition to other facts compiled on the utilization of retread tires, shall be used to evaluate the effectiveness of this program. The results of that evaluation shall be included in the report required pursuant to Section 40507. (Amended by Stats. 1992, Ch. 1293, Sec. 10. Effective January 1, 1993.)
  90. 42420.

    ## 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 7.5. Responsible Battery Recycling Act of 2022 [42420 - 42428] ( Chapter 7.5 added by Stats. 2022, Ch. 351, Sec. 1. ) ## ARTICLE 1. General Provisions [42420 - 42420.4] ( Article 1 added by Stats. 2022, Ch. 351, Sec. 1. )

    Verify source ↗

    This chapter is known and may be cited as the Responsible Battery Recycling Act of 2022.

    ## 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 7.5. Responsible Battery Recycling Act of 2022 [42420 - 42428] ( Chapter 7.5 added by Stats. 2022, Ch. 351, Sec. 1. ) ## ARTICLE 1. General Provisions [42420 - 42420.4] ( Article 1 added by Stats. 2022, Ch. 351, Sec. 1. ) ## 42420. This chapter shall be known, and may be cited, as the Responsible Battery Recycling Act of 2022. (Added by Stats. 2022, Ch. 351, Sec. 1. (AB 2440) Effective January 1, 2023.)
  91. 42420.1.

    ## 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 7.5. Responsible Battery Recycling Act of 2022 [42420 - 42428] ( Chapter 7.5 added by Stats. 2022, Ch. 351, Sec. 1. ) ## ARTICLE 1. General Provisions [42420 - 42420.4] ( Article 1 added by Stats. 2022, Ch. 351, Sec. 1. )

    Verify source ↗

    This section defines key terms used in the battery recycling chapter.

    ## 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 7.5. Responsible Battery Recycling Act of 2022 [42420 - 42428] ( Chapter 7.5 added by Stats. 2022, Ch. 351, Sec. 1. ) ## ARTICLE 1. General Provisions [42420 - 42420.4] ( Article 1 added by Stats. 2022, Ch. 351, Sec. 1. ) ## 42420.1. For purposes of this chapter, the following terms have the following meanings: (a) “Brand” means a trademark, including both a registered trademark and an unregistered trademark, a logo, a name, a symbol, a word, an identifier, or a traceable mark that identifies a covered battery and identifies the owner or licensee of the brand. (b) “Collection site” means a permanent or temporary location at which covered batteries are collected and prepared for transport in accordance with the requirements of this chapter. (c) “Consumer” means an owner of a covered battery, including a person, business, corporation, limited partnership, nonprofit organization, or governmental entity, and includes the ultimate purchaser, owner, or lessee of a covered battery, who is not, as to that covered battery, the distributor, importer, producer, recycler, retailer, or stewardship organization. (d) (1) “Covered battery” means a device consisting of one or more electrically connected electrochemical cells designed to receive, store, and deliver electric energy. A covered battery includes a battery that is any of the following: (A) A loose battery that is either sold separately from a product or that is designed to be easily removed from a product by the user of the product, with no more than common household tools. (B) A battery that is packed with, but not installed in, the product that the battery is intended to power, when the product is offered for sale by the producer. (2) “Covered battery” does not include any of the following: (A) A primary battery weighing over two kilograms. For purposes of this subparagraph, “primary battery” means a nonrechargeable battery, including, but not limited to, alkaline, carbon-zinc, and lithium metal batteries. (B) A rechargeable battery weighing over five kilograms and having a Watt-hour rating of more than 300 Watt-hours. (C) A lead-acid battery, as defined in subdivisions (a) and (b) of Section 42440. (D) (i) A battery contained in a motor vehicle. For purposes of this subparagraph, “motor vehicle” has the same meaning as set forth in Section 415 of the Vehicle Code. (ii) Notwithstanding any other law, the exclusion in clause (i) does not apply to a battery contained in any of the following: (I) A motorized scooter. (II) A motorized skateboard. (III) A motorized hoverboard. (IV) A device intended to propel or move upon a highway only one individual person or property. (E) A fuel cell electrical generating facility. For purposes of this subparagraph, “fuel cell electrical generating facility” has the same meaning as “eligible fuel cell electrical generating facility,” as defined in Section 2827.10 of the Public Utilities Code. (F) (i) A Class I device as defined in Section 360c of Title 21 of the United States Code, and either of the following applies: (I) It is a device described in Section 414.202 of Title 42 of the Code of Federal Regulations. (II) Either of the following applies: (ia) The device is predominantly used in a health care setting by a provider. (ib) The device is predominantly prescribed by a health care provider. (ii) A Class II or Class III device as defined in Section 360c of Title 21 of the United States Code. (G) A battery that has been recalled. (e) “Department” means the Department of Resources Recycling and Recovery or a successor agency. (f) “Distributor” means a company that has a contractual relationship with one or more producers to market and sell covered batteries to retailers. (g) “Electrochemical cell” means a system consisting of an anode, a cathode, and an electrolyte, plus electrical or mechanical connections needed to allow the cell to deliver or receive electric energy. (h) “Importer” means either of the following: (1) A person qualifying as an importer of record for purposes of Section 1484(a)(2)(B) of Title 19 of the United States Code with regard to the import of a covered battery that is sold, distributed for sale, or offered for sale in or into the state that was manufactured or assembled by a company outside of the United States. (2) A person importing into the state for sale, distributing for sale, or offering for sale in the state a covered battery that was manufactured or assembled by a company physically located outside of the state. (i) “Person” has the same meaning as set forth in Section 40170. (j) (1) “Producer” means a person who manufactures a covered battery and who owns or is the licensee of the brand or trademark under which that covered battery is sold, offered for sale, or distributed for sale in or into 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 battery is the owner of a brand or trademark or, if the owner is not in the state, the exclusive licensee of a brand or trademark under which the covered battery is sold, imported for sale, offered for sale, or distributed for sale in or into the state. For purposes of this subdivision, an exclusive 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 for sale in or into the state of the covered battery. (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 battery is the person who sells, offers for sale, or is the importer or distributor of the covered battery in or into the state for sale in or into the state. (4) For purposes of this chapter, the sale of a covered battery shall be deemed to occur in the state if the covered battery is delivered to the purchaser in the state. (5) “Producer” does not include an admitted insurer possessing a certificate of authority from the Insurance Commissioner pursuant to Section 700 of the Insurance Code, nor does it apply to a placement of insurance that was made in full compliance with Section 1765.1 or 1765.2 of the Insurance Code. (k) “Program operator” means a producer, or a stewardship organization on behalf of a group of producers, that is responsible for implementing a stewardship program in accordance with the requirements of this chapter. (l) (1) “Rechargeable battery” means a battery that contains one or more voltaic or galvanic cells, electrically connected to produce electric energy, and that is designed to be recharged. (2) “Rechargeable battery” does not include either of the following: (A) A battery that contains electrolytes as a free liquid. (B) A battery that employs lead-acid technology, unless that battery is sealed and contains no free liquid electrolytes. (m) “Recycler” means a person who changes the physical or chemical composition of covered batteries. (n) “Recycling” has the same meaning as set forth in subdivision (a) of Section 25121.1 of the Health and Safety Code. “Recycling” does not include any of the following: (1) Combustion. (2) Incineration. (3) Energy generation. (4) Fuel production. (5) Beneficial reuse in the construction and operation of a solid waste landfill, including use of alternative daily cover. (6) Other forms of disposal, as defined in subdivision (b) of Section 40192. (o) “Recycling efficiency rate” means the ratio of the weight of covered battery components recycled by a program operator from covered batteries to the weight of those covered batteries collected by the program operator. (p) “Retailer” means a person who sells or offers for sale covered batteries in or into the state to a person through any means, including, but not limited to, sales outlets, catalogs, the telephone, the internet, or any electronic means. (q) “Stewardship organization” means an organization exempt from taxation under Section 501(c)(3) of the federal Internal Revenue Code of 1986 (26 U.S.C. Sec. 501(c)(3)) that is established by a group of producers in accordance with this chapter to develop and implement a stewardship program. (r) “Stewardship plan” or “plan” means a plan developed by a program operator pursuant to this chapter for the collection, transportation, and recycling, and the safe and proper management, of covered batteries. (s) “Stewardship program” means a program established by a program operator pursuant to this chapter for the free at drop off, convenient, and safe collection, transportation, recycling, and otherwise proper management of covered batteries. (Amended by Stats. 2023, Ch. 131, Sec. 192. (AB 1754) Effective January 1, 2024.)
  92. 42420.2.

    ## 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 7.5. Responsible Battery Recycling Act of 2022 [42420 - 42428] ( Chapter 7.5 added by Stats. 2022, Ch. 351, Sec. 1. ) ## ARTICLE 1. General Provisions [42420 - 42420.4] ( Article 1 added by Stats. 2022, Ch. 351, Sec. 1. )

    Verify source ↗

    The department must adopt regulations to implement this chapter, using the Administrative Procedure Act and consulting the Department of Toxic Substances Control. The regulations may not take effect earlier than April 1, 2025.

    ## 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 7.5. Responsible Battery Recycling Act of 2022 [42420 - 42428] ( Chapter 7.5 added by Stats. 2022, Ch. 351, Sec. 1. ) ## ARTICLE 1. General Provisions [42420 - 42420.4] ( Article 1 added by Stats. 2022, Ch. 351, Sec. 1. ) ## 42420.2. The department, acting in accordance with Article 1 (commencing with Section 11340) to Article 8 (commencing with Section 11350), inclusive, of the Administrative Procedure Act, as set forth in Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code and in consultation with the Department of Toxic Substances Control, shall adopt regulations to implement this chapter with an effective date of no earlier than April 1, 2025. (Added by Stats. 2022, Ch. 351, Sec. 1. (AB 2440) Effective January 1, 2023.)
  93. 42420.3.

    ## 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 7.5. Responsible Battery Recycling Act of 2022 [42420 - 42428] ( Chapter 7.5 added by Stats. 2022, Ch. 351, Sec. 1. ) ## ARTICLE 1. General Provisions [42420 - 42420.4] ( Article 1 added by Stats. 2022, Ch. 351, Sec. 1. )

    Verify source ↗

    The department may change collection-site requirements and recycling efficiency rates, and must set a daily limit on how many covered batteries one consumer may deposit at a single collection site.

    ## 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 7.5. Responsible Battery Recycling Act of 2022 [42420 - 42428] ( Chapter 7.5 added by Stats. 2022, Ch. 351, Sec. 1. ) ## ARTICLE 1. General Provisions [42420 - 42420.4] ( Article 1 added by Stats. 2022, Ch. 351, Sec. 1. ) ## 42420.3. (a) The department may adjust, through regulations adopted by the department, the minimum required collection sites, pursuant to subdivision (d) of Section 42422.1, to ensure that consumers have sufficient convenient access to collection sites, applicable to stewardship plans addressing collection of covered batteries if the department has substantial evidence that allowing for this adjustment will increase the collection of covered batteries. (b) The department shall establish, through regulations adopted by the department pursuant to Section 42420.2, a limit on the number of covered batteries to be deposited at a single collection site, pursuant to subdivision (d) of Section 42422.1, as applicable, by a single consumer in a single day. (c) Beginning January 1, 2032, and every five years thereafter, the department may after consultation with the program operators and through regulations adopted by the department adjust the minimum recycling efficiency rates established in Section 42422.1 based on the most economically and technically feasible processes and methodology available. (Amended by Stats. 2023, Ch. 131, Sec. 193. (AB 1754) Effective January 1, 2024.)
  94. 42420.4.

    ## 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 7.5. Responsible Battery Recycling Act of 2022 [42420 - 42428] ( Chapter 7.5 added by Stats. 2022, Ch. 351, Sec. 1. ) ## ARTICLE 1. General Provisions [42420 - 42420.4] ( Article 1 added by Stats. 2022, Ch. 351, Sec. 1. )

    Verify source ↗

    A program operator must add qualifying sites to its stewardship program, and a collection site must operate so covered batteries are collected safely and handled lawfully.

    ## 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 7.5. Responsible Battery Recycling Act of 2022 [42420 - 42428] ( Chapter 7.5 added by Stats. 2022, Ch. 351, Sec. 1. ) ## ARTICLE 1. General Provisions [42420 - 42420.4] ( Article 1 added by Stats. 2022, Ch. 351, Sec. 1. ) ## 42420.4. (a) (1) A program operator shall include as a collection site under its stewardship program any entity that offers in writing to participate in the stewardship program, complies with all applicable state, federal, and municipal laws and regulations, complies with any program operator requirements that are consistent with that program operator’s approved stewardship plan, and is judged by the program operator to have sufficient staff and resources to reliably comply, even if the minimum thresholds described in subdivision (d) of Section 42422.1, as applicable, have been achieved. (2) A program operator shall include as a collection site under its stewardship program any household hazardous waste collection facility, as defined in Section 25218.1 of the Health and Safety Code, that offers in writing to participate in the stewardship program, complies with all applicable state, federal, and municipal laws and regulations, and complies with any program operator requirements that are consistent with that program operator’s approved stewardship plan, even if the minimum thresholds described in subdivision (d) of Section 42422.1, as applicable, have been achieved. (b) A program operator shall include the offering entity as a collection site in the stewardship program within 90 days of receiving the written offer to participate, confirming that the offering entity will comply with all applicable state and federal laws and regulations, and confirming that the offering entity has sufficient staff and resources to comply with any program operator requirements that are consistent with that program operator’s approved stewardship plan, even if the minimum thresholds described in subdivision (d) of Section 42422.1, as applicable, have been achieved. The 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) A program operator may suspend or terminate a collection site or service that does not comply with all applicable state, federal, or municipal laws and regulations or adhere to the rules and conditions imposed by the program operator pursuant to paragraph (3) of subdivision (d) of Section 42422.1. (d) A collection site shall be operated to ensure that covered batteries, as applicable, are collected safely and handled in accordance with all applicable state, federal, and municipal laws and regulations and the rules and conditions of the stewardship plan. (e) This section does not exempt the program operator from meeting the minimum thresholds described in subdivision (d) of Section 42422.1. (Added by Stats. 2022, Ch. 351, Sec. 1. (AB 2440) Effective January 1, 2023.)
  95. 42421.

    ## 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 7.5. Responsible Battery Recycling Act of 2022 [42420 - 42428] ( Chapter 7.5 added by Stats. 2022, Ch. 351, Sec. 1. ) ## ARTICLE 2. Program Operators for Covered Batteries [42421 - 42421.2] ( Article 2 added by Stats. 2022, Ch. 351, Sec. 1. )

    Verify source ↗

    Individual producers must give the department a list of covered batteries and brands, and program operators must update and resubmit that list on the schedule the department requires.

    ## 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 7.5. Responsible Battery Recycling Act of 2022 [42420 - 42428] ( Chapter 7.5 added by Stats. 2022, Ch. 351, Sec. 1. ) ## ARTICLE 2. Program Operators for Covered Batteries [42421 - 42421.2] ( Article 2 added by Stats. 2022, Ch. 351, Sec. 1. ) ## 42421. (a) No later than 180 days after the effective date of this chapter, individual producers shall provide to the department, in a form and manner established by the department, a list of covered batteries and brands of covered batteries that the producer sells, distributes for sale, imports for sale, or offers for sale in or into the state. (b) A program operator shall update the list described in subdivision (a) and provide the updated list to the department on or before January 15 of each year or upon request of the department, with at least 60 days to respond after a request from the department. (Added by Stats. 2022, Ch. 351, Sec. 1. (AB 2440) Effective January 1, 2023.)
  96. 42421.2.

    ## 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 7.5. Responsible Battery Recycling Act of 2022 [42420 - 42428] ( Chapter 7.5 added by Stats. 2022, Ch. 351, Sec. 1. ) ## ARTICLE 2. Program Operators for Covered Batteries [42421 - 42421.2] ( Article 2 added by Stats. 2022, Ch. 351, Sec. 1. )

    Verify source ↗

    Producers may form stewardship organizations, but they must comply with the chapter and related regulations, avoid selling covered batteries unless compliant, notify downstream persons within 180 days, and register with any stewardship organization they join.

    ## 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 7.5. Responsible Battery Recycling Act of 2022 [42420 - 42428] ( Chapter 7.5 added by Stats. 2022, Ch. 351, Sec. 1. ) ## ARTICLE 2. Program Operators for Covered Batteries [42421 - 42421.2] ( Article 2 added by Stats. 2022, Ch. 351, Sec. 1. ) ## 42421.2. (a) Producers may establish one or more stewardship organizations composed of producers to develop and implement a covered battery recycling program. (b) (1) A producer shall comply with this chapter, and any effective regulations adopted pursuant to Section 42420.2, either individually or through a stewardship organization established pursuant to subdivision (a). (2) A producer shall not sell, distribute for sale, offer for sale, or import for sale a covered battery in or into this state unless the producer is in compliance with this chapter and any regulations in effect and adopted pursuant to Section 42420.2. (3) Every producer shall, no later than 180 days after the effective date of this chapter, notify all persons through which it is selling, distributing, importing, or offering for sale a covered battery in or into the state for sale in or into the state whether it will comply with this chapter individually or through a stewardship organization. (c) Each producer covered under a stewardship organization shall register with that stewardship organization in accordance with the procedures and requirements established by that stewardship organization and shall comply with those procedures and requirements. (Added by Stats. 2022, Ch. 351, Sec. 1. (AB 2440) Effective January 1, 2023.)
  97. 42422.

    ## 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 7.5. Responsible Battery Recycling Act of 2022 [42420 - 42428] ( Chapter 7.5 added by Stats. 2022, Ch. 351, Sec. 1. ) ## ARTICLE 3. Stewardship Plans for Covered Batteries [42422 - 42422.6] ( Article 3 added by Stats. 2022, Ch. 351, Sec. 1. )

    Verify source ↗

    A program operator must submit a complete stewardship plan within 12 months after the department’s regulations take effect. A stewardship program serving more than one producer may not limit collection, transportation, and recycling to only its participating producers’ covered batteries.

    ## 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 7.5. Responsible Battery Recycling Act of 2022 [42420 - 42428] ( Chapter 7.5 added by Stats. 2022, Ch. 351, Sec. 1. ) ## ARTICLE 3. Stewardship Plans for Covered Batteries [42422 - 42422.6] ( Article 3 added by Stats. 2022, Ch. 351, Sec. 1. ) ## 42422. Within 12 months of the effective date of the regulations adopted by the department pursuant to Section 42420.2, a program operator shall develop and submit to the department a complete stewardship plan, in accordance with the requirements of this chapter, for the collection, transportation, and recycling, and the safe and proper management, of covered batteries in the state in an economically efficient and practical manner. No stewardship program serving more than one producer may limit its collection, transportation, and recycling of covered batteries to covered batteries of the producers participating in that stewardship program. (Added by Stats. 2022, Ch. 351, Sec. 1. (AB 2440) Effective January 1, 2023.)
  98. 42422.1.

    ## 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 7.5. Responsible Battery Recycling Act of 2022 [42420 - 42428] ( Chapter 7.5 added by Stats. 2022, Ch. 351, Sec. 1. ) ## ARTICLE 3. Stewardship Plans for Covered Batteries [42422 - 42422.6] ( Article 3 added by Stats. 2022, Ch. 351, Sec. 1. )

    Verify source ↗

    A stewardship plan for covered batteries must include required plan details, county collection-site coverage, funding, recycling, education, labeling, and a contingency 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 7.5. Responsible Battery Recycling Act of 2022 [42420 - 42428] ( Chapter 7.5 added by Stats. 2022, Ch. 351, Sec. 1. ) ## ARTICLE 3. Stewardship Plans for Covered Batteries [42422 - 42422.6] ( Article 3 added by Stats. 2022, Ch. 351, Sec. 1. ) ## 42422.1. A stewardship plan for covered batteries shall include all of the following: (a) The names of producers, as defined in subdivision (j) of Section 42420.1, and brands of covered batteries covered under the stewardship plan. (b) A description of the process by which the program operator consulted with the advisory body created pursuant to Section 42422.4 to receive advice on the development and implementation of the stewardship plan. (c) A description of methodologies for measuring, and meeting or exceeding, the established minimum recycling efficiency rate for primary and rechargeable batteries to meet the annual report requirement in subdivision (i) of Section 42424.1. (d) A description of how the program operator will provide for a free at drop off and convenient collection system for covered batteries in each county of the state that meets all of the following requirements: (1) A minimum of 10 collection sites per county or one collection site per 15,000 people, whichever is greater, except as identified below: (A) A county with a population of 18,000 and under, as reported annually by the Department of Finance, shall have a minimum of three collection locations. (B) A county with a population of between 18,001 and 50,000, as reported annually by the Department of Finance, shall have a minimum of four collection locations. (C) A county with a population between 50,001 and 100,000, as reported annually by the Department of Finance, shall have a minimum of eight collection locations. (2) The collection sites required by this subdivision shall not be required to collect covered batteries that are damaged, defective, or recalled. (3) The collection sites in each county shall be spread throughout the county to facilitate widespread access and convenience. This paragraph does not authorize the department to require more than the minimum number of collection sites required pursuant to paragraph (1) or the regulations adopted by the department pursuant to Section 42420.2. (e) A description of how collection sites will be authorized and managed, including both of the following: (1) An explanation of the process by which the program operator will, upon request, provide to a household hazardous waste collection facility as defined in Section 25218.1 of the Health and Safety Code, at no cost, and to all other collection sites, at cost, packaging consistent with the requirements found in the United States Department of Transportation’s hazardous materials regulations and the necessary forms and instructions for the safe collection and transportation of damaged or defective covered batteries. (2) An explanation of the process by which the program operator will provide for the collection and transport of covered batteries from the collection sites to a recycler and how shipments will be documented. A program operator shall maintain these records and make them available to the department upon request. (f) A program operator shall allow a consumer to drop off at a collection site, at no charge at drop off, covered batteries. (g) A description of how the program operator will provide collection sites at no cost to the collection sites with appropriate containers for covered batteries subject to its program, training, signage, safety guidance, and educational materials. (h) All handling, collection, transport, and recycling of covered batteries undertaken as part of a stewardship program under this chapter shall comply with all applicable state and federal laws and regulations, but the department may not take enforcement action under this chapter against a program operator for failure to comply with those state and federal laws and regulations unless the program operator is first determined to have violated the applicable state or federal law or regulation by the governing body with jurisdiction to enforce the state or federal law or regulation. (i) A retailer with five or more locations in the state shall make all locations serve as permanent collection sites for covered batteries, and shall comply with the rules and conditions of the program in which it participates, as part of a stewardship program. (j) No program operator shall be required, as a condition of approval of its plan or program or otherwise, to accept damaged, defective, or recalled batteries at sites served by the program operator. Program operators shall provide to sites participating in their programs, information for persons seeking to recycle damaged or defective batteries informing those persons of the requirements for doing so and of the closest location at which damaged or defective batteries may be accepted. Program operators shall provide to sites participating in their programs information for persons seeking to recycle recalled batteries informing those persons of instructions to contact any entity recalling batteries to determine the appropriate handling of those batteries. (k) (1) A description of the method to establish and administer a means for fully funding the stewardship program in a manner that equitably distributes the stewardship program’s costs among the producers that are part of the stewardship organization. For producers that elect to meet the requirements of this chapter individually, without joining a stewardship organization, a description of the proposed method to establish and administer a means for fully funding the stewardship program. (2) The stewardship plan shall include a stewardship program budget, for the next three calendar years, that includes a funding level and anticipated revenues and costs sufficient to cover the budgeted costs, including, but not limited to, administrative costs, operational costs, and capital costs, to operate the stewardship program in a prudent and responsible manner. Administrative costs shall include the department’s and the Department of Toxic Substances Control’s anticipated actual, reasonable, and direct regulatory costs to implement and enforce this chapter as the criteria for all the costs are defined in the regulations adopted pursuant to Section 42420.2. For purposes of this paragraph, stewardship program implementation begins once the department approves a program operator’s stewardship plan, except the department’s and the Department of Toxic Substances Control’s costs shall include actual, reasonable, and direct regulatory development costs and other startup regulatory costs incurred prior to stewardship plan submittal and approval. (l) A description of the process by which covered batteries will be processed and recycled following collection at collection sites, including all of the following: (1) A description of how covered batteries will be handled and recycled, including how covered batteries will not be disposed of by the program operator and a description of how the recycling of all covered batteries will be maximized. (2) A description of how discarded covered battery residual materials will, to the extent economically and technically feasible, be recycled and a description of how contracts with service providers will require that this be done and how the contractor will accomplish this. (3) A description of how the program operator will prioritize the use of recycling facilities located closer to the point of generation to minimize transportation emissions and increase accountability. (m) Coordination with, and a description of the efforts and methods used to coordinate activities with, all of the following entities who are responsive to a request from the program operator: (1) Other program operators. (2) Existing battery collection and recycling programs, including electronic waste recyclers and dismantlers. (3) Community-based organizations that contact the program operator and that are qualified to run or support collection events. (n) Consultation with the California Environmental Protection Agency’s Environmental Justice Task Force regarding methods to supplement those of the program operator to collect covered batteries for recycling in areas and communities that face unique challenges associated with proper waste management, such as poverty, language barriers, and illegal disposal. (o) A comprehensive statewide education and outreach program designed to educate consumers and promote participation in the collection and recycling program offered by the program operator. At a minimum, the comprehensive statewide education and outreach program shall include all of the following: (1) A description of the education and communications strategy being implemented to effectively promote participation in the approved covered battery stewardship program and provide the information necessary for effective participation of consumers, retailers, and others. (2) An internet website that publicizes the location of collection sites and provides information to consumers on the free at drop off and convenient network of collection sites offered by the stewardship program and any other information reasonably necessary to safely and conveniently access the collection and recycling services offered in the state. (3) All signage and materials required for collection sites by the program operator, and the method by which collection sites can access replacement materials at no cost to the collection site. (4) A description of efforts to support participation by all California communities, including a description of efforts to communicate with consumers in languages other than English, as described in subdivision (n). (5) A description of goals and metrics used to determine the success of the statewide education and outreach program. (6) The statewide education and outreach program shall promote the safe and proper management of covered batteries. (7) The statewide education and outreach program shall not promote the disposal of covered batteries in a manner inconsistent with the services offered by the stewardship plan. (8) The statewide education and outreach plan shall include information for consumers about how to avoid improper disposal of covered batteries. (9) A description of how the program operators will annually assess and evaluate the efficacy of the comprehensive statewide education and outreach program and periodically adjust strategies to maximize participation in the stewardship program. (10) (A) Any program operator serving more than one producer shall coordinate with other program operators on the education and outreach programs that they implement pursuant to this subdivision. (B) The department may approve multiple program operators sharing, on an equitable basis, the costs of implementing elements of the program that benefit all approved plans serving more than one producer and the program operators sponsoring them, except those costs specified in paragraphs (2) and (9). (p) Developing strategies in coordination with other program operators to develop and implement proper labeling of covered batteries to ensure proper collection and recycling, by identifying the chemistry of the covered battery and including an indication that the covered battery should not be disposed of as household waste. (q) A contingency plan in the event the stewardship plan expires, is disapproved, or is revoked. The contingency plan shall describe how the stewardship plan objectives can be carried out in the absence of a plan, either by the program operator or through an entity such as an escrow company. (Amended by Stats. 2023, Ch. 131, Sec. 194. (AB 1754) Effective January 1, 2024.)
  99. 42422.3.

    ## 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 7.5. Responsible Battery Recycling Act of 2022 [42420 - 42428] ( Chapter 7.5 added by Stats. 2022, Ch. 351, Sec. 1. ) ## ARTICLE 3. Stewardship Plans for Covered Batteries [42422 - 42422.6] ( Article 3 added by Stats. 2022, Ch. 351, Sec. 1. )

    Verify source ↗

    A program operator must review its stewardship plan at least every five years and file revisions or a no-change notice on the specified 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 7.5. Responsible Battery Recycling Act of 2022 [42420 - 42428] ( Chapter 7.5 added by Stats. 2022, Ch. 351, Sec. 1. ) ## ARTICLE 3. Stewardship Plans for Covered Batteries [42422 - 42422.6] ( Article 3 added by Stats. 2022, Ch. 351, Sec. 1. ) ## 42422.3. (a) A program operator shall review its stewardship plan at least every five years after the stewardship plan approval, and determine whether revisions to the plan are necessary. (b) If a program operator determines that revisions to the plan are necessary, the program operator shall submit to the department a revised plan for review and approval employing the procedures set forth in Section 42422.5. The stewardship organization shall submit the revised plan pursuant to this subdivision within 90 days of the review deadline outlined pursuant to subdivision (a). (c) If a program operator determines that no revisions to the plan are necessary, the program operator shall send a letter to the department no later than 30 days after the review deadline outlined in subdivision (a), explaining that the program operator has reviewed the plan and determined that no revisions are needed. The department may disapprove the program operator’s determination within 30 days of receipt of that determination if the department concludes that the program operator cannot implement the objectives of this chapter without revising the stewardship plan. In the event the department disapproves the program operator’s determination, the program operator shall submit to the department a revised stewardship plan for review and approval in accordance with Section 42422.5. The program operator shall submit the revised plan pursuant to this subdivision within 90 days of receipt of the department’s disapproval. (d) Notwithstanding the requirement in subdivision (a) of Section 42422.5, a program operator may, but is not required to, submit its plan to the Department of Toxic Substances Control prior to submission to the department pursuant to this section. (Added by Stats. 2022, Ch. 351, Sec. 1. (AB 2440) Effective January 1, 2023.)
  100. 42422.4.

    ## 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 7.5. Responsible Battery Recycling Act of 2022 [42420 - 42428] ( Chapter 7.5 added by Stats. 2022, Ch. 351, Sec. 1. ) ## ARTICLE 3. Stewardship Plans for Covered Batteries [42422 - 42422.6] ( Article 3 added by Stats. 2022, Ch. 351, Sec. 1. )

    Verify source ↗

    A program operator must consult the advisory body when preparing or updating a stewardship plan and consider its written recommendations.

    ## 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 7.5. Responsible Battery Recycling Act of 2022 [42420 - 42428] ( Chapter 7.5 added by Stats. 2022, Ch. 351, Sec. 1. ) ## ARTICLE 3. Stewardship Plans for Covered Batteries [42422 - 42422.6] ( Article 3 added by Stats. 2022, Ch. 351, Sec. 1. ) ## 42422.4. (a) In preparing a stewardship plan pursuant to Section 42422.1, and any updates to the plan pursuant to Section 42422.3, a program operator shall engage in a consultative process with the advisory body created by the department pursuant to subdivision (b). The program operator shall consider any written recommendations from the advisory body during the plan development process. (b) (1) No later than 120 days after the effective date of regulations, pursuant to Section 42420.2, the department shall create an advisory body for covered battery stewardship that may include, but is not limited to, representatives from local governments, recyclers, retailers, the household hazardous waste industry, nongovernmental organizations, environmental organizations, community-based justice and public health organizations, and the solid waste industry. (2) Participation on the advisory body shall be voluntary. (3) The advisory body is not a state body for purposes of Section 11121 of the Government Code, but shall provide advanced public notice about meetings, allow public participation in all meetings, and vote on written recommendations at public meetings. (c) A program operator shall consider the advisory body’s recommendations. If the producer or stewardship organization decides not to incorporate the advisory body’s recommendations, the program operator shall provide a brief written explanation to the department and the advisory body that explains the basis for the decision and also indicates whether the program operator plans to incorporate the recommendations into a subsequent stewardship plan, subsequent amendments to the plan, or a subsequent annual report. (Added by Stats. 2022, Ch. 351, Sec. 1. (AB 2440) Effective January 1, 2023.)
  101. 42422.5.

    ## 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 7.5. Responsible Battery Recycling Act of 2022 [42420 - 42428] ( Chapter 7.5 added by Stats. 2022, Ch. 351, Sec. 1. ) ## ARTICLE 3. Stewardship Plans for Covered Batteries [42422 - 42422.6] ( Article 3 added by Stats. 2022, Ch. 351, Sec. 1. )

    Verify source ↗

    Program operators must submit stewardship plans to the Department of Toxic Substances Control first, then the department reviews and acts on the plan 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 7.5. Responsible Battery Recycling Act of 2022 [42420 - 42428] ( Chapter 7.5 added by Stats. 2022, Ch. 351, Sec. 1. ) ## ARTICLE 3. Stewardship Plans for Covered Batteries [42422 - 42422.6] ( Article 3 added by Stats. 2022, Ch. 351, Sec. 1. ) ## 42422.5. (a) (1) At least 150 days before submitting a stewardship plan to the department, a program operator shall submit its entire proposed stewardship plan to the Department of Toxic Substances Control for review. (2) The Department of Toxic Substances Control shall review the plan only for compliance with state and federal laws and regulations within its jurisdiction. The Department of Toxic Substances Control shall identify any elements of the proposed stewardship plan that would, if implemented, violate state or federal laws or regulations within its jurisdiction, and provide to the program operator, and the department, that determination and an explanation for any determination of noncompliance within 90 days of receipt of the plan. The program operator shall resolve all determinations by the Department of Toxic Substances Control prior to submitting the stewardship plan to the department. (3) If, 90 days after submitting a plan to the Department of Toxic Substances Control, a program operator has not received a response, the program operator may submit a certification to the department that the stewardship plan was submitted to the Department of Toxic Substances Control, as required, and a timely response was not received. Additionally, if a response is not received pursuant to the first sentence of this paragraph, the program operator shall submit a certification to the department that the stewardship plan is consistent with the laws and regulations within the jurisdiction of the Department of Toxic Substances Control. (4) A program operator shall submit to the department all determinations received from the Department of Toxic Substances Control when the program operator submits its stewardship plan to the department. Any determination of noncompliance by the Department of Toxic Substances Control shall be accompanied by a superseding determination of compliance before a program operator submits its stewardship plan to the department. (b) The department shall review the stewardship plan for compliance with this chapter and shall approve, disapprove, or conditionally approve the plan within 120 days of receipt of the plan. The department may consult with or submit a stewardship plan for review to the Department of Toxic Substances Control if the department determines it is necessary for making a determination of approval of a stewardship plan. The duration of time the department takes for the consultation pursuant to the second sentence of this subdivision shall not count toward the 120-day time limit to determine approval, as specified in the first sentence of this subdivision. (c) If the department disapproves a stewardship plan submitted by a program operator, the department shall explain how the stewardship plan does not comply with this chapter and provide written notice to the program operator within 30 days of disapproval. The program operator may resubmit to the department a revised stewardship plan within 60 days of the date the written notice was issued, and the department shall review the revised stewardship plan within 90 days of resubmittal. If a revised stewardship plan is disapproved by the department, a producer operating under the stewardship plan shall not be in compliance with this chapter until the department approves a stewardship plan submitted by a program operator that covers the producer’s products. (d) Within 24 months of the effective date of the regulations adopted by the department pursuant to Section 42420.2, a program operator shall have a complete stewardship plan approved by the department and each producer shall be subject to an approved stewardship plan in order to be in compliance with this chapter. (e) The approved plan shall be a public record, except that financial, production, or sales data reported to the department by the program operator 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 may release financial, production, or sales data in summary form only so the information cannot be attributable to a specific producer or distributor or to any other entity. (Amended by Stats. 2023, Ch. 131, Sec. 195. (AB 1754) Effective January 1, 2024.)
  102. 42422.6.

    ## 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 7.5. Responsible Battery Recycling Act of 2022 [42420 - 42428] ( Chapter 7.5 added by Stats. 2022, Ch. 351, Sec. 1. ) ## ARTICLE 3. Stewardship Plans for Covered Batteries [42422 - 42422.6] ( Article 3 added by Stats. 2022, Ch. 351, Sec. 1. )

    Verify source ↗

    A program operator must fully implement its stewardship program within 12 months after the stewardship plan is approved.

    ## 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 7.5. Responsible Battery Recycling Act of 2022 [42420 - 42428] ( Chapter 7.5 added by Stats. 2022, Ch. 351, Sec. 1. ) ## ARTICLE 3. Stewardship Plans for Covered Batteries [42422 - 42422.6] ( Article 3 added by Stats. 2022, Ch. 351, Sec. 1. ) ## 42422.6. (a) Within 12 months of the approval of the stewardship plan, the department pursuant to Section 42422.5, a program operator shall fully implement its stewardship program. (b) A program operator may petition the department to investigate a noncompliant producer, and the department shall respond to the petition in a timely manner. (Added by Stats. 2022, Ch. 351, Sec. 1. (AB 2440) Effective January 1, 2023.)
  103. 42423.

    ## 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 7.5. Responsible Battery Recycling Act of 2022 [42420 - 42428] ( Chapter 7.5 added by Stats. 2022, Ch. 351, Sec. 1. ) ## ARTICLE 4. Financial Provisions [42423 - 42423.1] ( Article 4 added by Stats. 2022, Ch. 351, Sec. 1. )

    Verify source ↗

    This section requires the department and the Department of Toxic Substances Control to notify program operators of expected regulatory costs, requires program operators to pay fees, and directs how those fees are deposited and spent.

    ## 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 7.5. Responsible Battery Recycling Act of 2022 [42420 - 42428] ( Chapter 7.5 added by Stats. 2022, Ch. 351, Sec. 1. ) ## ARTICLE 4. Financial Provisions [42423 - 42423.1] ( Article 4 added by Stats. 2022, Ch. 351, Sec. 1. ) ## 42423. (a) No later than 90 days before a budget is submitted to the Department of Toxic Substances Control, the department and the Department of Toxic Substances Control shall notify each program operator of each agency’s respective anticipated actual and reasonable regulatory costs directly related to implementing and enforcing this chapter in relation to the program operator’s activities as the criteria for those costs are defined in the regulations adopted pursuant to Section 42420.2. This may include the actual and reasonable costs associated with regulatory regulation development pursuant to Section 42420.2 and other startup activities prior to stewardship plan submittal and approval, relative to the role of the program operator’s program compared to other programs. (b) Program operators shall, on a schedule determined by the department and the Department of Toxic Substances Control, as applicable to each agency’s fees, pay the department and the Department of Toxic Substances Control, respectively, fees incurred to reimburse the department and the Department of Toxic Substances Control for incurred costs as described in subdivision (a). The fees shall not exceed the department’s or the Department of Toxic Substances Control’s actual and reasonable regulatory costs to implement and enforce this chapter as the criteria for those costs are defined in the regulations adopted pursuant to Section 42420.2. The fees shall be paid by each producer, either individually, if the producer is complying with the requirements of this chapter individually, or through a stewardship organization. (c) (1) The department and the Department of Toxic Substances Control shall deposit all moneys received from a program operator pursuant to this section into the Covered Battery Recycling Fund, which is hereby established in the State Treasury. (2) Upon appropriation by the Legislature, moneys in the Covered Battery Recycling Fund shall be expended by the department and the Department of Toxic Substances Control to implement and enforce this chapter, as well as to reimburse any outstanding loans made from other funds used to finance regulation development and startup costs of the department’s and the Department of Toxic Substances Control’s activities pursuant to this chapter. (3) The moneys in the Covered Battery Recycling Fund shall not be expended for any other purpose. (Added by Stats. 2022, Ch. 351, Sec. 1. (AB 2440) Effective January 1, 2023.)
  104. 42423.1.

    ## 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 7.5. Responsible Battery Recycling Act of 2022 [42420 - 42428] ( Chapter 7.5 added by Stats. 2022, Ch. 351, Sec. 1. ) ## ARTICLE 4. Financial Provisions [42423 - 42423.1] ( Article 4 added by Stats. 2022, Ch. 351, Sec. 1. )

    Verify source ↗

    Each producer must pay the administrative and operational costs of the stewardship program it participates in, either directly or through a 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 7.5. Responsible Battery Recycling Act of 2022 [42420 - 42428] ( Chapter 7.5 added by Stats. 2022, Ch. 351, Sec. 1. ) ## ARTICLE 4. Financial Provisions [42423 - 42423.1] ( Article 4 added by Stats. 2022, Ch. 351, Sec. 1. ) ## 42423.1. Each producer shall, either individually or through a stewardship organization, pay all administrative and operational costs associated with establishing and implementing the stewardship program in which it participates, including the cost of collection, transportation, recycling, and the safe and proper management of covered batteries. (Added by Stats. 2022, Ch. 351, Sec. 1. (AB 2440) Effective January 1, 2023.)
  105. 42424.

    ## 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 7.5. Responsible Battery Recycling Act of 2022 [42420 - 42428] ( Chapter 7.5 added by Stats. 2022, Ch. 351, Sec. 1. ) ## ARTICLE 5. Records, Audits, and Reports for Covered Batteries [42424 - 42424.4] ( Article 5 added by Stats. 2022, Ch. 351, Sec. 1. )

    Verify source ↗

    A program operator must keep records, hire a qualified independent public accountant to audit its books every year, and include the audit in its annual report. The department must review the audit and may do its own audit if needed, but it may not publicly disclose confidential, proprietary, or trade secret information.

    ## 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 7.5. Responsible Battery Recycling Act of 2022 [42420 - 42428] ( Chapter 7.5 added by Stats. 2022, Ch. 351, Sec. 1. ) ## ARTICLE 5. Records, Audits, and Reports for Covered Batteries [42424 - 42424.4] ( Article 5 added by Stats. 2022, Ch. 351, Sec. 1. ) ## 42424. (a) A program operator shall keep board minutes, books, and records that clearly reflect the activities and transactions of the program operator. (b) A program operator shall retain, at the program operator’s expense, an independent public accountant, certified in the United States, to annually audit the accounting books of the program operator. (c) The program operator shall include the audit in its annual report submitted pursuant to Section 42424.1, commencing within 18 months of plan approval by the department. The department shall review the audit for compliance with this chapter and consistency with the program operator’s stewardship plan. The department shall notify the program operator of any compliance issues or inconsistencies. (d) The department may conduct its own audit if it determines that an audit is necessary to enforce the requirements of this chapter and that the audit conducted pursuant to subdivision (b) is not adequate for this purpose. The program operator may obtain copies of the department’s audit upon request. (e) The department shall not publicly disclose any confidential proprietary or trade secret information in an audit conducted pursuant to this section. (Added by Stats. 2022, Ch. 351, Sec. 1. (AB 2440) Effective January 1, 2023.)
  106. 42424.1.

    ## 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 7.5. Responsible Battery Recycling Act of 2022 [42420 - 42428] ( Chapter 7.5 added by Stats. 2022, Ch. 351, Sec. 1. ) ## ARTICLE 5. Records, Audits, and Reports for Covered Batteries [42424 - 42424.4] ( Article 5 added by Stats. 2022, Ch. 351, Sec. 1. )

    Verify source ↗

    A program operator must file an annual report with the department, and the department must make the report public. The report must cover the prior calendar year and include the listed program, sales, collection, recycling, outreach, coordination, and compliance information. From January 1, 2027, minimum recycling efficiency rates apply: 60% for rechargeable batteries and 70% for primary batteries.

    ## 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 7.5. Responsible Battery Recycling Act of 2022 [42420 - 42428] ( Chapter 7.5 added by Stats. 2022, Ch. 351, Sec. 1. ) ## ARTICLE 5. Records, Audits, and Reports for Covered Batteries [42424 - 42424.4] ( Article 5 added by Stats. 2022, Ch. 351, Sec. 1. ) ## 42424.1. A program operator shall annually submit to the department, in the form and manner, and by the date, determined by the department, an annual report, which the department shall make publicly available that includes all of the following information for the preceding calendar year: (a) The program operator’s costs and revenues. (b) An estimate of the quantity of covered batteries sold in or into the state by the producers covered by the program operator’s stewardship plan, as determined by the best available commercial information, potentially including the application of California population data to the national sales information and the discarded covered batteries collected for recycling through the stewardship program. (c) A list of the stewardship program’s collection sites, by name, location, and type. (d) The total weight of primary and rechargeable batteries, respectively, that were collected. (e) A list of each battery recycling facility used by the stewardship program, by name and location. (f) An updated list of the names and corporate mailing addresses of producers, as defined in subdivision (j) of Section 42420.1 and brands of covered batteries covered under the stewardship plan. (g) The total weight and number of covered batteries sold in or into the state attributed to a producer, who is a registered participant of the program operator’s plan, that are collected in the state and recycled by the program operator during the preceding calendar year, including a description of the methodology and information used to determine and calculate these values. (h) The recycling efficiency rate of rechargeable and primary batteries that were recycled. (i) Beginning January 1, 2027, a minimum recycling efficiency rate of 60 percent for rechargeable batteries and 70 percent for primary batteries shall be achieved. The weight of recovered materials from covered batteries counted towards the satisfaction of the recycling efficiency rate requirement shall be used. (j) A description of methods used to collect, transport, and recycle covered batteries by the program operator. (k) A description of outreach efforts and education, including, but not limited to, education and outreach provided to consumers, collection sites, manufacturers, distributors, and retailers by the program operator for the purpose of promoting the collection and recycling of covered batteries. (l) (1) A report on coordination activities with other program operators, including covered battery collection and recycling programs and electronic waste recyclers, with regard to the proper management or recycling of collected covered batteries, for purposes of providing the efficient delivery of services and avoiding unnecessary duplication of effort and expense. (2) A description of efforts undertaken by a program operator to implement the required labeling of covered batteries pursuant to Section 42422.1. (m) Findings from the evaluation of the comprehensive statewide education and outreach program required by paragraph (9) of subdivision (o) of Section 42422.1. (n) A description of any consultation with the California Environmental Protection Agency’s Environmental Justice Task Force and other relevant stakeholders for collecting covered batteries for recycling in areas and communities that face unique challenges. (o) A demonstration of actions taken by the program operator to comply with the requirements established pursuant to Section 42422.1. (p) (1) A report on activities the program operator has undertaken in relation to all of the following: (A) Meeting the requirements established pursuant to Section 42422.1. (B) Making progress on meeting the requirements established pursuant to Section 42422.1. (C) Making progress on planned efforts to meet the requirements established pursuant to Section 42422.1. (2) Factors to be considered for purposes of paragraph (1) may include, but are not limited to, availability of takeback options and no-cost local curbside collections services, proximity to recyclers and no-cost collection points and events, and the state of current recycling technology. (q) A report on activities the program operator has undertaken to prioritize the use of recycling facilities located closer to the point of generation to minimize transportation emissions and increase accountability. (r) If the program operator determines during a particular year that any of the activities undertaken to implement subdivision (q) were unsuccessful, the program operator shall identify the problems with the current activities, make modifications pursuant to the requirement in Section 42422.3, and report on other activities undertaken and progress made, in the following year’s annual report. (s) An electronic copy in the form and manner determined by the department, and specified in the regulations adopted by the department pursuant to Section 42420.2 of any annual report, which shall include a brief explanation of how the program operator anticipates the activities may benefit the stewardship program. The program operator shall make these reports publicly available free of charge. If the report contains trade secret, proprietary, or confidential information protected under existing law, the program operator shall provide the department the report marked as trade secret, proprietary, confidential, and aversion of the report with that information redacted, and post the redacted report on its internet website. (t) The progress toward attaining the goals included in the program operator’s stewardship plan. (u) Any modifications or revisions to the stewardship plan, including those required pursuant to Section 42422.3, which are subject to review under Section 42422.5, intended to achieve the requirements established pursuant to Section 42422.1. (v) Any other information deemed relevant by the program operator for the department to determine compliance with the approved stewardship plan. (Added by Stats. 2022, Ch. 351, Sec. 1. (AB 2440) Effective January 1, 2023.)
  107. 42424.4.

    ## 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 7.5. Responsible Battery Recycling Act of 2022 [42420 - 42428] ( Chapter 7.5 added by Stats. 2022, Ch. 351, Sec. 1. ) ## ARTICLE 5. Records, Audits, and Reports for Covered Batteries [42424 - 42424.4] ( Article 5 added by Stats. 2022, Ch. 351, Sec. 1. )

    Verify source ↗

    The department must tell the program operator whether an annual report is compliant within 120 days, and the operator must resubmit a revised report within 30 days if the report is found noncompliant.

    ## 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 7.5. Responsible Battery Recycling Act of 2022 [42420 - 42428] ( Chapter 7.5 added by Stats. 2022, Ch. 351, Sec. 1. ) ## ARTICLE 5. Records, Audits, and Reports for Covered Batteries [42424 - 42424.4] ( Article 5 added by Stats. 2022, Ch. 351, Sec. 1. ) ## 42424.4. (a) No later than 120 days after the date the department receives the annual report submitted by a program operator pursuant to Section 42424.1, the department shall notify the program operator if the annual report is compliant or noncompliant. If the department fails to act within 120 days of receipt of the annual report, the report shall be deemed approved. (b) (1) If the department determines that the annual report is noncompliant due to failure to meet the requirements of Section 42424.1, the program operator shall resubmit a revised annual report addressing the department’s written reasons for its decision within 30 days of the department’s response. (2) The department, within 60 days from the date a program operator resubmits a revised annual report, shall determine whether the annual report is compliant or noncompliant. (3) If the department determines a revised annual report submitted pursuant to paragraph (1) is noncompliant, the program operator may submit only one additional revised annual report, subject to review in accordance with paragraph (2). (c) The department may consult with or submit an annual report for review to the Department of Toxic Substances Control if the department determines it is necessary for making a determination of compliance of an annual report. The duration of time the department takes for this consultation is not included in the time allotted to the department for review pursuant to this section. (Added by Stats. 2022, Ch. 351, Sec. 1. (AB 2440) Effective January 1, 2023.)
  108. 42425.

    ## 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 7.5. Responsible Battery Recycling Act of 2022 [42420 - 42428] ( Chapter 7.5 added by Stats. 2022, Ch. 351, Sec. 1. ) ## ARTICLE 6. Enforcement [42425 - 42425.4] ( Article 6 added by Stats. 2022, Ch. 351, Sec. 1. )

    Verify source ↗

    The department must post and update a public compliance list for covered-battery producers, and retailers, importers, and distributors generally may not sell or import covered batteries unless the producer is listed as compliant.

    ## 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 7.5. Responsible Battery Recycling Act of 2022 [42420 - 42428] ( Chapter 7.5 added by Stats. 2022, Ch. 351, Sec. 1. ) ## ARTICLE 6. Enforcement [42425 - 42425.4] ( Article 6 added by Stats. 2022, Ch. 351, Sec. 1. ) ## 42425. (a) Within 24 months of the effective date of regulations pursuant to Section 42420.2, and on or before July 1 of each year thereafter, the department shall post on its internet website a list of producers that are in compliance with this chapter. The department shall list, as appropriate, the reported brands of covered batteries for each producer. (b) A producer that is not listed on the department’s internet website pursuant to subdivision (a) that demonstrates compliance with this chapter before the next list is posted by the department may either be added to the internet website or be provided a certification letter from the department stating that the producer of a covered battery is in compliance with this chapter. (c) (1) A retailer, importer, or distributor shall monitor the department’s internet website to determine if a producer, brand, or covered battery is in compliance with this chapter for that brand of covered battery. (2) Except as provided in subdivision (d), on and after the date a stewardship plan is approved by the department pursuant to Section 42422.5, a retailer, importer, or distributor shall not sell, distribute, offer for sale, or import a covered battery in or into the state for sale in the state unless the producer of the covered battery is listed as in compliance pursuant to this section for that brand and covered battery. (d) (1) Notwithstanding paragraph (2) of subdivision (c), a retailer, importer, or distributor may sell, offer for sale, import, or distribute a covered battery if, on the date the retailer or distributor sells or offers for sale the covered battery in or into the state, the producer, brand, or covered battery was listed as compliant on the department’s internet website. (2) Notwithstanding paragraph (2) of subdivision (c), a retailer or distributor may, for any existing inventory in stock before the initial list was posted by the department pursuant to subdivision (a), sell or distribute that inventory for sale in or into the state. (e) (1) If the department determines a producer is not in compliance with this chapter, the department shall remove the producer, along with its brands and covered batteries, from the list of compliant producers posted on the department’s internet website pursuant to subdivision (a). (2) The department shall relist on its internet website a producer, along with its brands and covered batteries, if the department subsequently determines that the producer is in compliance with this chapter. (Added by Stats. 2022, Ch. 351, Sec. 1. (AB 2440) Effective January 1, 2023.)
  109. 42425.1.

    ## 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 7.5. Responsible Battery Recycling Act of 2022 [42420 - 42428] ( Chapter 7.5 added by Stats. 2022, Ch. 351, Sec. 1. ) ## ARTICLE 6. Enforcement [42425 - 42425.4] ( Article 6 added by Stats. 2022, Ch. 351, Sec. 1. )

    Verify source ↗

    The department may fine certain battery recycling participants for violating this chapter, and it must create a hearing process for assessing those penalties.

    ## 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 7.5. Responsible Battery Recycling Act of 2022 [42420 - 42428] ( Chapter 7.5 added by Stats. 2022, Ch. 351, Sec. 1. ) ## ARTICLE 6. Enforcement [42425 - 42425.4] ( Article 6 added by Stats. 2022, Ch. 351, Sec. 1. ) ## 42425.1. (a) The department may impose an administrative civil penalty on a producer, program operator, stewardship organization, manufacturer, distributor, retailer, importer, recycler, or collection site that is in violation of this chapter. The amount of the administrative civil penalty shall not exceed ten thousand dollars ($10,000) per day, but, if the violation is intentional, knowing, or reckless, the department may impose an administrative civil penalty of not more than fifty thousand dollars ($50,000) per day. The department shall establish, through regulations adopted by the department pursuant to Section 42420.2, a process that shall include an informal hearing process by which the penalties will be assessed. (b) The department shall deposit all penalties collected pursuant to this section into the Covered Battery Recycling Penalty Account, which is hereby created in the Covered Battery Recycling Fund. These moneys shall be available for expenditure upon appropriation by the Legislature. (c) This chapter does not limit or restrict the Department of Toxic Substances Control’s enforcement authority pursuant to Chapter 6.5 (commencing with Section 25100) of Division 20 of the Health and Safety Code and its implementing regulations. (d) The Administrative Adjudication Bill of Rights, as set forth in Article 6 (commencing with Section 11425.10) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of the Government Code, applies to hearings conducted under this chapter and mandates minimum due process. (Amended by Stats. 2023, Ch. 131, Sec. 196. (AB 1754) Effective January 1, 2024.)
  110. 42425.2.

    ## 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 7.5. Responsible Battery Recycling Act of 2022 [42420 - 42428] ( Chapter 7.5 added by Stats. 2022, Ch. 351, Sec. 1. ) ## ARTICLE 6. Enforcement [42425 - 42425.4] ( Article 6 added by Stats. 2022, Ch. 351, Sec. 1. )

    Verify source ↗

    The department may take compliance actions if it finds a material violation, and a producer may keep selling covered batteries for up to one year after a plan is revoked or terminated if it follows the most recent approved 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 7.5. Responsible Battery Recycling Act of 2022 [42420 - 42428] ( Chapter 7.5 added by Stats. 2022, Ch. 351, Sec. 1. ) ## ARTICLE 6. Enforcement [42425 - 42425.4] ( Article 6 added by Stats. 2022, Ch. 351, Sec. 1. ) ## 42425.2. (a) Upon a written finding that a producer, program operator, stewardship organization, manufacturer, distributor, retailer, importer, recycler, or collection site has not met a material requirement of this chapter, in addition to any other penalties authorized under this chapter, the department may, after affording the entity a reasonable opportunity to respond to, or rebut, the finding, take any of the following actions to ensure compliance with the requirements of this chapter: (1) Revoke the program operator’s stewardship plan approval or require the program operator to resubmit the plan. (2) Remove the producer, along with its brands and covered batteries from the department’s list of compliant producers, as specified in Section 42425. (3) Impose additional compliance reporting requirements. (4) Post the noncompliant entity onto a list of noncompliant entities. (b) If a stewardship plan is revoked pursuant to paragraph (1) of subdivision (a) or terminated by the program operator that submitted the plan, a producer no longer subject to that plan may, without being subject to administrative civil penalties pursuant to Section 42425.1, sell or offer for sale covered batteries in or into the state for a period of up to one year after the stewardship plan was terminated or revoked if the producer continues to operate under the most recent approved stewardship plan to which the producer was subject. (Added by Stats. 2022, Ch. 351, Sec. 1. (AB 2440) Effective January 1, 2023.)
  111. 42425.3.

    ## 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 7.5. Responsible Battery Recycling Act of 2022 [42420 - 42428] ( Chapter 7.5 added by Stats. 2022, Ch. 351, Sec. 1. ) ## ARTICLE 6. Enforcement [42425 - 42425.4] ( Article 6 added by Stats. 2022, Ch. 351, Sec. 1. )

    Verify source ↗

    Certain battery recycling actors must give the department access and records on request, keep required records for 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 7.5. Responsible Battery Recycling Act of 2022 [42420 - 42428] ( Chapter 7.5 added by Stats. 2022, Ch. 351, Sec. 1. ) ## ARTICLE 6. Enforcement [42425 - 42425.4] ( Article 6 added by Stats. 2022, Ch. 351, Sec. 1. ) ## 42425.3. (a) A producer, program operator, stewardship organization, manufacturer, distributor, retailer, importer, recycler, or collection site 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 and the Department of Toxic Substances Control with relevant records necessary to determine compliance with this chapter. (b) The records required by this chapter shall be maintained and accessible for three years. All reports and records provided to the department pursuant to this chapter shall be provided under penalty of perjury. (c) (1) The department may impose administrative civil penalties pursuant to Section 42425.1 on a producer, program operator, stewardship organization, manufacturer, distributor, retailer, importer, recycler, or collection site that fails to provide the department with the access required pursuant to this section. (2) The department may post a notice on the department’s internet website that is maintained pursuant to Section 42425 that a producer that fails to provide the department with access pursuant to this section, along with the producer’s brands and covered batteries, is no longer in compliance with this chapter. (Added by Stats. 2022, Ch. 351, Sec. 1. (AB 2440) Effective January 1, 2023.)
  112. 42425.4.

    ## 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 7.5. Responsible Battery Recycling Act of 2022 [42420 - 42428] ( Chapter 7.5 added by Stats. 2022, Ch. 351, Sec. 1. ) ## ARTICLE 6. Enforcement [42425 - 42425.4] ( Article 6 added by Stats. 2022, Ch. 351, Sec. 1. )

    Verify source ↗

    The department may ask a small claims court or superior court for judgment to collect unpaid civil penalties or restitution, or to enforce another remedy, after judicial review time has expired.

    ## 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 7.5. Responsible Battery Recycling Act of 2022 [42420 - 42428] ( Chapter 7.5 added by Stats. 2022, Ch. 351, Sec. 1. ) ## ARTICLE 6. Enforcement [42425 - 42425.4] ( Article 6 added by Stats. 2022, Ch. 351, Sec. 1. ) ## 42425.4. After the time for judicial review under Section 11523 of the Government Code has expired, the department may apply to the small claims court or superior court, depending on the jurisdictional amount and any other remedy sought, in the county where the penalties, restitution, or other remedy was imposed by the department, for a judgment to collect any unpaid civil penalties or restitution or to enforce any other remedy provided by this chapter. The application, which shall include a certified copy of the final agency order or decision, shall constitute a sufficient showing to warrant the issuance of the judgment. The court clerk shall enter the judgment immediately in conformity with the application. The judgment so entered shall have the same force and effect as, and shall be subject to all the provisions of law relating to, a judgment in a civil action, and may be enforced in the same manner as any other judgment of the court. The court shall make enforcement of the judgment a priority. (Added by Stats. 2022, Ch. 351, Sec. 1. (AB 2440) Effective January 1, 2023.)
  113. 42426.

    ## 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 7.5. Responsible Battery Recycling Act of 2022 [42420 - 42428] ( Chapter 7.5 added by Stats. 2022, Ch. 351, Sec. 1. ) ## ARTICLE 7. Antitrust Immunity [42426- 42426.] ( Article 7 added by Stats. 2022, Ch. 351, Sec. 1. )

    Verify source ↗

    A program operator gets antitrust immunity for specified stewardship-plan activities, unless the agreement falls within the listed 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 7.5. Responsible Battery Recycling Act of 2022 [42420 - 42428] ( Chapter 7.5 added by Stats. 2022, Ch. 351, Sec. 1. ) ## ARTICLE 7. Antitrust Immunity [42426- 42426.] ( Article 7 added by Stats. 2022, Ch. 351, Sec. 1. ) ## 42426. (a) Except as provided in subdivision (c), an action specified in subdivision (b) that is taken by a program operator that relates to any of the following 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) applies to all of the following actions taken by a program operator: (1) The creation, implementation, or management of a stewardship plan approved or conditionally approved by the department pursuant to Article 3 (commencing with Section 42422) and the determination of the types or quantities of covered batteries recycled 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 a charge associated with funding the implementation of this chapter. (c) Subdivision (a) does not apply to an agreement that does any of the following: (1) Fixes a price of or for covered batteries, except for an agreement related to costs or charges associated with participation in a stewardship plan approved or conditionally approved by the department and otherwise in accordance with this chapter. (2) Fixes the output or production of covered batteries. (3) Restricts the geographic area in which, or customers to whom, covered batteries will be sold. (Added by Stats. 2022, Ch. 351, Sec. 1. (AB 2440) Effective January 1, 2023.)
  114. 42427.

    ## 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 7.5. Responsible Battery Recycling Act of 2022 [42420 - 42428] ( Chapter 7.5 added by Stats. 2022, Ch. 351, Sec. 1. ) ## ARTICLE 8. Preemption and Interstate Collaboration [42427 - 42428] ( Article 8 added by Stats. 2022, Ch. 351, Sec. 1. )

    Verify source ↗

    Local governments may not adopt rules about stewardship programs for covered batteries after January 1, 2023, because this chapter preempts 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 7.5. Responsible Battery Recycling Act of 2022 [42420 - 42428] ( Chapter 7.5 added by Stats. 2022, Ch. 351, Sec. 1. ) ## ARTICLE 8. Preemption and Interstate Collaboration [42427 - 42428] ( Article 8 added by Stats. 2022, Ch. 351, Sec. 1. ) ## 42427. (a) This chapter preempts all rules, regulations, codes, ordinances, and other laws adopted by a city, county, city and county, municipality, or local agency on or after January 1, 2023, regarding stewardship programs for covered batteries. (b) The Legislature finds and declares that the recycling of covered batteries is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this chapter applies to all cities, including charter cities. (Added by Stats. 2022, Ch. 351, Sec. 1. (AB 2440) Effective January 1, 2023.)
  115. 42428.

    ## 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 7.5. Responsible Battery Recycling Act of 2022 [42420 - 42428] ( Chapter 7.5 added by Stats. 2022, Ch. 351, Sec. 1. ) ## ARTICLE 8. Preemption and Interstate Collaboration [42427 - 42428] ( Article 8 added by Stats. 2022, Ch. 351, Sec. 1. )

    Verify source ↗

    A program operator may collaborate with another state if that state has a covered battery recycling program, as long as the collaboration is consistent with this chapter.

    ## 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 7.5. Responsible Battery Recycling Act of 2022 [42420 - 42428] ( Chapter 7.5 added by Stats. 2022, Ch. 351, Sec. 1. ) ## ARTICLE 8. Preemption and Interstate Collaboration [42427 - 42428] ( Article 8 added by Stats. 2022, Ch. 351, Sec. 1. ) ## 42428. If another state implements a covered battery recycling program, a program operator may, consistent with the requirements of this chapter, collaborate with that state to conserve resources necessary to efficiently manage and implement the program operator’s stewardship program in this state. (Added by Stats. 2022, Ch. 351, Sec. 1. (AB 2440) Effective January 1, 2023.)
  116. 42440.

    ## 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 8. Recycled Battery Programs [42440 - 42450.5] ( Heading of Chapter 8 amended by Stats. 1990, Ch. 711, Sec. 2. ) ## ARTICLE 1. Lead-Acid Battery Program [42440 - 42443] ( Heading of Article 1 added by Stats. 1990, Ch. 711, Sec. 3. )

    Verify source ↗

    This section defines “lead-acid battery” for this chapter.

    ## 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 8. Recycled Battery Programs [42440 - 42450.5] ( Heading of Chapter 8 amended by Stats. 1990, Ch. 711, Sec. 2. ) ## ARTICLE 1. Lead-Acid Battery Program [42440 - 42443] ( Heading of Article 1 added by Stats. 1990, Ch. 711, Sec. 3. ) ## 42440. For the purposes of this chapter, “lead-acid battery” means any battery which is primarily composed of both lead and sulfuric acid, with a capacity of six volts or more, and which is used for any of the following purposes: (a) As a starting battery which is designed to deliver a high burst of energy necessary to crank an engine until it starts. (b) As a motive power battery which is designed to provide the sources of power for propulsion or operation. (c) As a stationary standby battery which is designed to be used in systems where the battery acts as a source of emergency power, serving as a backup in case of failure or interruption in the flow of power from the primary source. (Added by Stats. 1989, Ch. 1096, Sec. 2.)
  117. 42441.

    ## 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 8. Recycled Battery Programs [42440 - 42450.5] ( Heading of Chapter 8 amended by Stats. 1990, Ch. 711, Sec. 2. ) ## ARTICLE 1. Lead-Acid Battery Program [42440 - 42443] ( Heading of Article 1 added by Stats. 1990, Ch. 711, Sec. 3. )

    Verify source ↗

    This section defines “recycled lead-acid battery” and gives the board power to set the required minimum percentage of postconsumer recovered lead, in consultation with the Market Development Commission.

    ## 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 8. Recycled Battery Programs [42440 - 42450.5] ( Heading of Chapter 8 amended by Stats. 1990, Ch. 711, Sec. 2. ) ## ARTICLE 1. Lead-Acid Battery Program [42440 - 42443] ( Heading of Article 1 added by Stats. 1990, Ch. 711, Sec. 3. ) ## 42441. “Recycled lead-acid battery” means any lead-acid battery which contains a minimum percentage of postconsumer recovered lead. The required minimum percentage of postconsumer recovered lead shall be determined by the board in consultation with the Market Development Commission. (Added by Stats. 1989, Ch. 1096, Sec. 2.)
  118. 42442.

    ## 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 8. Recycled Battery Programs [42440 - 42450.5] ( Heading of Chapter 8 amended by Stats. 1990, Ch. 711, Sec. 2. ) ## ARTICLE 1. Lead-Acid Battery Program [42440 - 42443] ( Heading of Article 1 added by Stats. 1990, Ch. 711, Sec. 3. )

    Verify source ↗

    State agencies must use recycled lead-acid batteries for covered vehicle battery purchases by the stated deadline, subject to using existing nonrecycled stock first.

    ## 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 8. Recycled Battery Programs [42440 - 42450.5] ( Heading of Chapter 8 amended by Stats. 1990, Ch. 711, Sec. 2. ) ## ARTICLE 1. Lead-Acid Battery Program [42440 - 42443] ( Heading of Article 1 added by Stats. 1990, Ch. 711, Sec. 3. ) ## 42442. On or before January 1, 1991, all lead-acid batteries purchased by any state agency for, and, at the next required installation of a battery in, an automobile or light truck owned or operated by the state agency, the battery shall be a recycled lead-acid battery, to the extent that all existing stock of nonrecycled batteries have been utilized. (Added by Stats. 1989, Ch. 1096, Sec. 2.)
  119. 42443.

    ## 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 8. Recycled Battery Programs [42440 - 42450.5] ( Heading of Chapter 8 amended by Stats. 1990, Ch. 711, Sec. 2. ) ## ARTICLE 1. Lead-Acid Battery Program [42440 - 42443] ( Heading of Article 1 added by Stats. 1990, Ch. 711, Sec. 3. )

    Verify source ↗

    The Department of General Services must tabulate the number of recycled lead-acid batteries purchased each year and forward it to the board by March 31 each 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 8. Recycled Battery Programs [42440 - 42450.5] ( Heading of Chapter 8 amended by Stats. 1990, Ch. 711, Sec. 2. ) ## ARTICLE 1. Lead-Acid Battery Program [42440 - 42443] ( Heading of Article 1 added by Stats. 1990, Ch. 711, Sec. 3. ) ## 42443. The number of recycled lead-acid batteries purchased each year by the Department of General Services shall be tabulated and forwarded to the board on or before March 31 of each year. (Amended by Stats. 1996, Ch. 1038, Sec. 22. Effective September 29, 1996.)
  120. 42450.

    ## 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 8. Recycled Battery Programs [42440 - 42450.5] ( Heading of Chapter 8 amended by Stats. 1990, Ch. 711, Sec. 2. ) ## ARTICLE 2. Household Battery Program [42450- 42450.] ( Article 2 added by Stats. 1990, Ch. 711, Sec. 4. )

    Verify source ↗

    The board may study household battery disposal and recyclability, and may also participate in that study.

    ## 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 8. Recycled Battery Programs [42440 - 42450.5] ( Heading of Chapter 8 amended by Stats. 1990, Ch. 711, Sec. 2. ) ## ARTICLE 2. Household Battery Program [42450- 42450.] ( Article 2 added by Stats. 1990, Ch. 711, Sec. 4. ) ## 42450. (a) The board may conduct a study on the disposal and recyclability of household batteries, taking into account any studies completed or underway elsewhere, including, but not limited to, any studies by the Environmental Protection Agency. The board may participate in the study. (b) The study may include, but is not limited to, all of the following: (1) The effect of used household batteries on solid waste landfills and transformation facilities, including any threats to human health or environment. (2) The recyclability of used household batteries, including, but not limited to, the following topics: (A) Applicable recycling technologies and their effectiveness. (B) Collection systems. (C) Possible adverse effects on human health or the environment resulting from exposure to household batteries at all stages of the recycling process. (D) Costs and revenues associated with recycling, including avoided disposal costs. (E) Development of markets for products derived from recycled household batteries. (c) For the purposes of this section, “household batteries” means batteries made of mercury, alkaline, carbon-zinc, nickel-cadmium, and other batteries typically generated as household waste, including, but not limited to, batteries used in hearing aids, cameras, watches, computers, calculators, flashlights, lanterns, standby and emergency lighting, portable radio and television sets, meters, toys, and clocks, but excluding lead-acid batteries as defined in Section 42440. (Added by Stats. 1990, Ch. 711, Sec. 4.)
  121. 42450.5.

    ## 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 8. Recycled Battery Programs [42440 - 42450.5] ( Heading of Chapter 8 amended by Stats. 1990, Ch. 711, Sec. 2. ) ## ARTICLE 3. Lithium-Ion Batteries [42450.5- 42450.5.] ( Article 3 added by Stats. 2018, Ch. 822, Sec. 1. )

    Verify source ↗

    The Secretary for Environmental Protection must convene a lithium-ion car battery recycling advisory group, appoint members from specified categories, and the group must meet, consult, and submit recommendations by stated 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 8. Recycled Battery Programs [42440 - 42450.5] ( Heading of Chapter 8 amended by Stats. 1990, Ch. 711, Sec. 2. ) ## ARTICLE 3. Lithium-Ion Batteries [42450.5- 42450.5.] ( Article 3 added by Stats. 2018, Ch. 822, Sec. 1. ) ## 42450.5. (a) For purposes of this section, the following definitions apply: (1) “Automobile dismantler” has the same definition as in Section 220 of the Vehicle Code. (2) “Motor vehicle” has the same definition as in Section 415 of the Vehicle Code. (3) “Vehicle manufacturer” has the same definition as in Section 672 of the Vehicle Code. (b) On or before April 1, 2019, the Secretary for Environmental Protection shall convene the Lithium-Ion Car Battery Recycling Advisory Group to review, and advise the Legislature on, policies pertaining to the recovery and recycling of lithium-ion vehicle batteries sold with motor vehicles in the state. Until April 1, 2022, the advisory group shall meet at least quarterly. The advisory group shall consult with universities and research institutions that have conducted research in the area of battery recycling, with manufacturers of electric and hybrid vehicles, and with the recycling industry. The Secretary for Environmental Protection shall appoint at least one member to the advisory group from each of the following: (1) The Department of Resources Recycling and Recovery. (2) The Department of Toxic Substances Control. (3) A vehicle manufacturer. (4) An organization that represents one or more vehicle manufacturers. (5) An electronic waste recycler or an organization that represents one or more electronic waste recyclers. (6) An automotive repair dealer or an organization that represents one or more automotive repair dealers. (7) An automobile dismantler or an organization that represents one or more automobile dismantlers. (8) An environmental organization that specializes in waste reduction and recycling. (9) A representative of the energy storage industry. (10) A lithium-ion vehicle battery manufacturer. (11) A standards-developing organization that has a focus on automotive engineering. (c) On or before April 1, 2022, the Lithium-Ion Car Battery Recycling Advisory Group shall submit policy recommendations to the Legislature, in compliance with Section 9795 of the Government Code, aimed at ensuring that as close to 100 percent as possible of lithium-ion vehicle batteries in the state are reused or recycled at end-of-life in a safe and cost-effective manner. The policy recommendations shall reflect entire life-cycle considerations for lithium-ion vehicle batteries, including, but not limited to, opportunities for and barriers to the reuse of those batteries as energy storage systems after they are removed from the vehicle, best management considerations for those batteries at end-of-life, and the overall effect of different management practices on the environment. In developing the policy recommendations, the advisory group shall consider both in-state and out-of-state options for the recycling of lithium-ion vehicle batteries. (d) This section shall remain in effect only until January 1, 2027, and as of that date is repealed. (Amended by Stats. 2019, Ch. 497, Sec. 235. (AB 991) Effective January 1, 2020. Repealed as of January 1, 2027, by its own provisions.)
  122. 42451.

    ## 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 8.4. Rechargeable Battery Recycling Act of 2006 [42451 - 42457] ( Chapter 8.4 added by Stats. 2005, Ch. 572, Sec. 1. ) ## ARTICLE 1. General Provisions [42451- 42451.] ( Article 1 added by Stats. 2005, Ch. 572, Sec. 1. )

    Verify source ↗

    This section names the chapter the Rechargeable Battery Recycling Act of 2006 and states it will later become inoperative and then repealed under Section 42457.

    ## 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 8.4. Rechargeable Battery Recycling Act of 2006 [42451 - 42457] ( Chapter 8.4 added by Stats. 2005, Ch. 572, Sec. 1. ) ## ARTICLE 1. General Provisions [42451- 42451.] ( Article 1 added by Stats. 2005, Ch. 572, Sec. 1. ) ## 42451. (a) This chapter shall be known, and may be cited, as the Rechargeable Battery Recycling Act of 2006. (b) The Legislature finds and declares all of the following: (1) The Department of Toxic Substances Control has determined that, due to their hazardous material content, the solid waste disposal of all household and rechargeable batteries should be prohibited. A regulation authorizing a temporary householder exemption to this prohibition will expire, by its own terms, in February 2006. (2) The purpose of this chapter is to enact a comprehensive and innovative system for the reuse, recycling, and proper and legal disposal of previously used rechargeable batteries. (3) It is the further purpose of this chapter to enact a law that establishes a program that is convenient for consumers and the public to return, recycle, and ensure the safe and environmentally sound disposal of used rechargeable batteries, and that provides for a system that does not charge the consumer when a rechargeable battery is returned. (4) It is the intent of the Legislature that the cost associated with the handling, recycling, and disposal of used rechargeable batteries be the responsibility of the producers and consumers of rechargeable batteries, and not local government or their service providers, state government, or taxpayers. (5) In order to reduce the likelihood of illegal disposal of hazardous materials, it is the intent of this chapter to ensure that all costs associated with the proper management of used rechargeable batteries is internalized by the producers and consumers of rechargeable batteries at or before the point of purchase, and not at the point of discard. (6) Manufacturers and retailers of rechargeable batteries, in working to achieve the goals and objectives of this chapter, should have the flexibility to partner with each other and with those private and nonprofit business enterprises that currently provide collection and processing services to develop and promote a safe and effective used rechargeable battery recycling system for California. (7) The producers of household and rechargeable batteries should reduce and, to the extent feasible, ultimately phase out the use of hazardous materials in household and rechargeable batteries. (8) Household and rechargeable batteries, to the greatest extent feasible, should be designed for extended life and reuse. (9) The purpose of this chapter is to provide for the safe, cost free, and convenient collection, reuse, and recycling of 100 percent of the rechargeable batteries discarded or offered for recycling in the state. (10) In establishing a cost-effective system for the recovery, reuse, recycling, and proper disposal of used rechargeable batteries, it is the intent of the Legislature to encourage manufacturers and retailers to build on the retailer take-back systems initiated by the Rechargeable Battery Recycling Corporation and others. (Added by Stats. 2005, Ch. 572, Sec. 1. Effective January 1, 2006. Inoperative September 30, 2026, pursuant to Section 42457. Repealed as of January 1, 2027, pursuant to Section 42457.)
  123. 42452.

    ## 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 8.4. Rechargeable Battery Recycling Act of 2006 [42451 - 42457] ( Chapter 8.4 added by Stats. 2005, Ch. 572, Sec. 1. ) ## ARTICLE 2. Definitions [42452- 42452.] ( Article 2 added by Stats. 2005, Ch. 572, Sec. 1. )

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    This section defines key terms used in the rechargeable battery recycling chapter.

    ## 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 8.4. Rechargeable Battery Recycling Act of 2006 [42451 - 42457] ( Chapter 8.4 added by Stats. 2005, Ch. 572, Sec. 1. ) ## ARTICLE 2. Definitions [42452- 42452.] ( Article 2 added by Stats. 2005, Ch. 572, Sec. 1. ) ## 42452. For the purposes of this chapter, the following terms have the following meanings, unless the context clearly requires otherwise: (a) “Consumer” means a purchaser or owner of a rechargeable battery. “Consumer” also includes a business, corporation, limited partnership, nonprofit organization, or governmental entity, but does not include an entity involved in a wholesale transaction between a distributor and retailer. (b) “Department” means the Department of Toxic Substances Control. (c) “Rechargeable battery” means a small, nonvehicular, rechargeable nickel-cadmium, nickel metal hydride, lithium ion, or sealed lead-acid battery, or a battery pack containing these types of batteries. (d) “Retailer” means a person who makes a retail sale of a rechargeable battery to a consumer in this state, including a manufacturer of a rechargeable battery who sells that rechargeable battery directly to a consumer. A sale includes, but is not limited to, transactions conducted through sales outlets, catalogs, or the Internet, or any other similar electronic means, but does not include a sale that is a wholesale transaction with a distributor or retailer. “Retailer” does not include a person who sells primarily food and is listed in the Progressive Marketing Grocers Guidebook. “Retailer” does not include a person who has less than one million dollars ($1,000,000) annually in gross sales. (e) (1) “Sell” or “sale” means a transfer for consideration of title or of the right to use, by lease or sales contract, including, but not limited to, transactions conducted through sales outlets, catalogs, or the Internet or any other similar electronic means, but does not include a wholesale transaction with a distributor or a retailer. (2) For purposes of this subdivision and subdivision (d), “distributor” means a person who sells a rechargeable battery to a retailer. (f) “Used rechargeable battery” means a rechargeable battery that has been previously used and is made available, by a consumer, for reuse, recycling, or proper disposal. (Added by Stats. 2005, Ch. 572, Sec. 1. Effective January 1, 2006. Inoperative September 30, 2026, pursuant to Section 42457. Repealed as of January 1, 2027, pursuant to Section 42457.)
  124. 42453.

    ## 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 8.4. Rechargeable Battery Recycling Act of 2006 [42451 - 42457] ( Chapter 8.4 added by Stats. 2005, Ch. 572, Sec. 1. ) ## ARTICLE 3. Rechargeable Battery Recycling [42453 - 42454] ( Article 3 added by Stats. 2005, Ch. 572, Sec. 1. )

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    Retailers must have a system to accept and collect used rechargeable batteries for reuse, recycling, or proper disposal, with some notice and take-back 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 8.4. Rechargeable Battery Recycling Act of 2006 [42451 - 42457] ( Chapter 8.4 added by Stats. 2005, Ch. 572, Sec. 1. ) ## ARTICLE 3. Rechargeable Battery Recycling [42453 - 42454] ( Article 3 added by Stats. 2005, Ch. 572, Sec. 1. ) ## 42453. (a) (1) On and after July 1, 2006, every retailer shall have in place a system for the acceptance and collection of used rechargeable batteries for reuse, recycling, or proper disposal. (2) A retailer is not subject to the requirements of this chapter for the sale of rechargeable batteries that are contained in or packaged with a battery-operated device. (b) A system for the acceptance and collection of used rechargeable batteries for reuse, recycling, or proper disposal shall, at a minimum, include all of the following elements: (1) (A) The take-back at no cost to the consumer of a used rechargeable battery, the type or brand of which the retailer sold or previously sold. (B) A retailer’s no-cost take-back obligation may be limited to a quantity equal to the number sold at the time of the take-back or previously sold to the consumer. (2) If the retailer sells a rechargeable battery through a catalog order, telephone order, or other method that does not involve in-store sales, the retailer shall be deemed in compliance with this article if the retailer provides a reasonable notice either at the time of purchase or delivery to the consumer of an opportunity to return used rechargeable batteries at no cost for reuse, recycling, or proper disposal. (A) The opportunity to return the rechargeable batteries shall be either through the retailer’s take-back program established pursuant to paragraph (1) or through participation with the Rechargeable Battery Recycling Corporation or similar take-back and recycling program. (B) The notice shall include informational materials, including, but not limited to, Internet Web site links or a telephone number, placed on the invoice or purchase order, or packaged with the battery, that provide consumers access to obtain more information about the opportunities and locations for no-cost battery recycling. (3) Making information available to consumers about rechargeable battery recycling opportunities provided by the retailer and encouraging consumers to utilize those opportunities. This information may include, but is not limited to, one or more of the following: (A) Signage that is prominently displayed and easily visible to the consumer. (B) Written materials provided to the consumer at the time of purchase or delivery, or both. (C) Reference to the rechargeable batteries recycling opportunity in retailer advertising or other promotional materials, or both. (D) Direct communications with the consumer at the time of purchase. (c) An individual retailer location that is actively participating in the Rechargeable Battery Recycling Corporation’s or similar battery take-back and recycling program, and has implemented one or more of the public education components described in paragraph (3) of subdivision (b) shall be deemed in compliance with this article. (d) If a retailer is participating in an existing battery recycling system that includes rechargeable batteries, in addition to any other type of batteries, and the system otherwise complies with the requirements of this article, the retailer may continue to participate in that existing system and is not required to implement or participate in a system that only includes rechargeable batteries. (Added by Stats. 2005, Ch. 572, Sec. 1. Effective January 1, 2006. Inoperative September 30, 2026, pursuant to Section 42457. Repealed as of January 1, 2027, pursuant to Section 42457.)
  125. 42454.

    ## 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 8.4. Rechargeable Battery Recycling Act of 2006 [42451 - 42457] ( Chapter 8.4 added by Stats. 2005, Ch. 572, Sec. 1. ) ## ARTICLE 3. Rechargeable Battery Recycling [42453 - 42454] ( Article 3 added by Stats. 2005, Ch. 572, Sec. 1. )

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    A retailer may not sell a rechargeable battery to a consumer unless the retailer complies with this chapter, starting July 1, 2006.

    ## 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 8.4. Rechargeable Battery Recycling Act of 2006 [42451 - 42457] ( Chapter 8.4 added by Stats. 2005, Ch. 572, Sec. 1. ) ## ARTICLE 3. Rechargeable Battery Recycling [42453 - 42454] ( Article 3 added by Stats. 2005, Ch. 572, Sec. 1. ) ## 42454. On and after July 1, 2006, it is unlawful for a retailer to sell a rechargeable battery to a consumer unless the retailer complies with this chapter. (Added by Stats. 2005, Ch. 572, Sec. 1. Effective January 1, 2006. Inoperative September 30, 2026, pursuant to Section 42457. Repealed as of January 1, 2027, pursuant to Section 42457.)
  126. 42456.

    ## 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 8.4. Rechargeable Battery Recycling Act of 2006 [42451 - 42457] ( Chapter 8.4 added by Stats. 2005, Ch. 572, Sec. 1. ) ## ARTICLE 4. Annual Return Data [42456- 42456.] ( Article 4 added by Stats. 2005, Ch. 572, Sec. 1. )

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    The department must survey certain battery facilities each year and post estimated recycling amounts on its website.

    ## 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 8.4. Rechargeable Battery Recycling Act of 2006 [42451 - 42457] ( Chapter 8.4 added by Stats. 2005, Ch. 572, Sec. 1. ) ## ARTICLE 4. Annual Return Data [42456- 42456.] ( Article 4 added by Stats. 2005, Ch. 572, Sec. 1. ) ## 42456. (a) On or before July 1, 2007, and each July 1 thereafter, the department shall survey battery handling or battery recycling facilities, or both, for the data required for subdivision (b). The survey shall be a representative sample of facilities, as determined by the department. (b) From the data obtained pursuant to subdivision (a), the department shall post on its Internet Web site the estimated amount, by weight, of each type of rechargeable batteries returned for recycling in California during the previous calendar year. (Added by Stats. 2005, Ch. 572, Sec. 1. Effective January 1, 2006. Inoperative September 30, 2026, pursuant to Section 42457. Repealed as of January 1, 2027, pursuant to Section 42457.)
  127. 42457.

    ## 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 8.4. Rechargeable Battery Recycling Act of 2006 [42451 - 42457] ( Chapter 8.4 added by Stats. 2005, Ch. 572, Sec. 1. ) ## ARTICLE 5. Repeal [42457- 42457.] ( Article 5 added by Stats. 2022, Ch. 351, Sec. 2. )

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    This chapter becomes inoperative on September 30, 2026, and is repealed on January 1, 2027.

    ## 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 8.4. Rechargeable Battery Recycling Act of 2006 [42451 - 42457] ( Chapter 8.4 added by Stats. 2005, Ch. 572, Sec. 1. ) ## ARTICLE 5. Repeal [42457- 42457.] ( Article 5 added by Stats. 2022, Ch. 351, Sec. 2. ) ## 42457. This chapter shall become inoperative on September 30, 2026, and, as of January 1, 2027, is repealed. (Added by Stats. 2022, Ch. 351, Sec. 2. (AB 2440) Effective January 1, 2023. Repealed as of January 1, 2027, by its own provisions. Note: Repeal affects Ch. 8.4, commencing with Section 42451.)
  128. 42460.

    ## 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 8.5. Electronic Waste Recycling [42460 - 42486] ( Chapter 8.5 added by Stats. 2003, Ch. 526, Sec. 5. ) ## ARTICLE 1. General Provisions [42460 - 42461.5] ( Article 1 added by Stats. 2003, Ch. 526, Sec. 5. )

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    This section names the law the Electronic Waste Recycling Act of 2003 and allows it to be cited by that name.

    ## 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 8.5. Electronic Waste Recycling [42460 - 42486] ( Chapter 8.5 added by Stats. 2003, Ch. 526, Sec. 5. ) ## ARTICLE 1. General Provisions [42460 - 42461.5] ( Article 1 added by Stats. 2003, Ch. 526, Sec. 5. ) ## 42460. This act shall be known, and may be cited, as the Electronic Waste Recycling Act of 2003. (Added by Stats. 2003, Ch. 526, Sec. 5. Effective January 1, 2004. Conditionally inoperative as provided in Sections 42485 and 42486.)
  129. 42461.

    ## 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 8.5. Electronic Waste Recycling [42460 - 42486] ( Chapter 8.5 added by Stats. 2003, Ch. 526, Sec. 5. ) ## ARTICLE 1. General Provisions [42460 - 42461.5] ( Article 1 added by Stats. 2003, Ch. 526, Sec. 5. )

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    This section states the Legislature’s findings and purposes for California’s electronic waste recycling law, including recycling, safe disposal, producer responsibility, and reducing hazardous materials.

    ## 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 8.5. Electronic Waste Recycling [42460 - 42486] ( Chapter 8.5 added by Stats. 2003, Ch. 526, Sec. 5. ) ## ARTICLE 1. General Provisions [42460 - 42461.5] ( Article 1 added by Stats. 2003, Ch. 526, Sec. 5. ) ## 42461. The Legislature finds and declares all of the following: (a) The purpose of this chapter is to enact a comprehensive and innovative system for the reuse, recycling, and proper and legal disposal of covered electronic devices, and to provide incentives to design electronic devices that are less toxic, more recyclable, and that use recycled materials. (b) It is the further purpose of this chapter to enact a law that establishes a program that is cost free and convenient for consumers and the public to return, recycle, and ensure the safe and environmentally sound disposal of covered electronic devices. (c) It is the intent of the Legislature that the cost associated with the handling, recycling, and disposal of covered electronic devices is the responsibility of the producers and consumers of covered electronic devices, and not local government or their service providers, state government, or taxpayers. (d) In order to reduce the likelihood of illegal disposal of these hazardous materials, it is the intent of this chapter to ensure that any cost associated with the proper management of covered electronic devices be internalized by the producers and consumers of covered electronic devices at or before the point of purchase, and not at the point of discard. (e) Manufacturers of covered electronic devices, in working to achieve the goals and objectives of this chapter, should have the flexibility to partner with each other and with those public sector entities and business enterprises that currently provide collection and processing services to develop and promote a safe and effective covered electronic device recycling system for California. (f) The producers of electronic products, components, and devices should reduce and, to the extent feasible, ultimately phase out the use of hazardous materials in those products. (g) Electronic products, components, and devices, to the greatest extent feasible, should be designed for extended life, repair, and reuse. (h) The purpose of the Electronic Waste Recycling Act of 2003 is to provide sufficient funding for the safe, cost-free, and convenient collection and recycling of 100 percent of the covered electronic waste initially discarded in the state, to eliminate electronic waste stockpiles and legacy devices by December 31, 2007, to end the illegal disposal of covered electronic devices, to establish manufacturer responsibility for reporting to the Department of Resources Recycling and Recovery on the manufacturer’s efforts to phase out hazardous materials in electronic devices and increase the use of recycled materials, and to ensure that electronic devices sold in the state do not violate the regulations adopted by the Department of Toxic Substances Control pursuant to Section 25214.10 of the Health and Safety Code. (Amended by Stats. 2022, Ch. 370, Sec. 4. (SB 1215) Effective January 1, 2023. Conditionally inoperative as provided in Sections 42485 and 42486.)
  130. 42461.5.

    ## 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 8.5. Electronic Waste Recycling [42460 - 42486] ( Chapter 8.5 added by Stats. 2003, Ch. 526, Sec. 5. ) ## ARTICLE 1. General Provisions [42460 - 42461.5] ( Article 1 added by Stats. 2003, Ch. 526, Sec. 5. )

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    This section says the 2011–12 changes should not be read as affecting enforcement actions filed before, or pending on, January 1, 2013, and they do not stop enforcement actions brought on or after that date about earlier actions or claims.

    ## 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 8.5. Electronic Waste Recycling [42460 - 42486] ( Chapter 8.5 added by Stats. 2003, Ch. 526, Sec. 5. ) ## ARTICLE 1. General Provisions [42460 - 42461.5] ( Article 1 added by Stats. 2003, Ch. 526, Sec. 5. ) ## 42461.5. (a) The Legislature finds and declares that the changes made by this act of the 2011–12 Regular Session of the Legislature to subdivision (h) of Section 42461, subdivision (g) of Section 42476, and subdivision (a) of Section 42479, clarify and strengthen the enforcement provisions of the act, so as to implement the Legislature’s intent when this chapter was first enacted on January 1, 2003. (b) The changes specified in subdivision (a) shall not be interpreted as affecting an administrative or legal enforcement action that was filed before, or is pending on, January 1, 2013, and shall not prevent the taking of a legal or administrative enforcement action that may be brought on or after January 1, 2013, with regard to any actions taken, or claims filed, before that date. (Amended by Stats. 2024, Ch. 72, Sec. 43. (SB 156) Effective July 2, 2024. Conditionally inoperative as provided in Sections 42485 and 42486.)
  131. 42463.

    ## 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 8.5. Electronic Waste Recycling [42460 - 42486] ( Chapter 8.5 added by Stats. 2003, Ch. 526, Sec. 5. ) ## ARTICLE 2. Definitions [42463- 42463.] ( Article 2 added by Stats. 2003, Ch. 526, Sec. 5. )

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    This section defines terms used in the electronic waste recycling chapter, including covered electronic device, covered e-waste, manufacturer, retailer, and CalRecycle.

    ## 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 8.5. Electronic Waste Recycling [42460 - 42486] ( Chapter 8.5 added by Stats. 2003, Ch. 526, Sec. 5. ) ## ARTICLE 2. Definitions [42463- 42463.] ( Article 2 added by Stats. 2003, Ch. 526, Sec. 5. ) ## 42463. For purposes of this chapter, the following terms have the following meanings, unless the context clearly requires otherwise: (a) “Account” means the Electronic Waste Recovery and Recycling Account created in the Integrated Waste Management Fund pursuant to Section 42476. (b) “Authorized collector” means any of the following: (1) A city, county, or district that collects covered electronic devices. (2) A person or entity that is required or authorized by a city, county, or district to collect covered electronic devices pursuant to the terms of a contract, license, permit, or other written authorization. (3) A nonprofit organization that collects or accepts covered electronic devices. (4) A manufacturer or agent of the manufacturer that collects, consolidates, and transports covered electronic devices for recycling from consumers, businesses, institutions, and other generators. (5) An entity that collects, handles, consolidates, and transports covered electronic devices and has filed applicable notifications with DTSC pursuant to Chapter 23 (commencing with Section 66273.1) of Division 4.5 of Title 22 of the California Code of Regulations. (c) “CalRecycle” means the Department of Resources Recycling and Recovery.” (d) “CDTFA” means the California Department of Tax and Fee Administration. (e) “Consumer” means a person who purchases a new or refurbished covered electronic device in a transaction that is a retail sale or in a transaction to which a use tax applies pursuant to Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code. (f) (1) “Covered battery-embedded product” means a product containing a battery from which the battery is not designed to be easily removed from the product by the user of the product with no more than commonly used household tools. (2) “Covered battery-embedded product” does not include any of the following: (A) A medical device, as defined in Section 321(h) of Title 21 of the United States Code, if either of the following applies: (i) It is a Class I device as defined in Section 360c of Title 21 of the United States Code, and either of the following applies: (I) It is a device described in Section 414.202 of Title 42 of the Code of Federal Regulations. (II) Either of the following applies: (ia) The device is predominantly used in a health care setting by a provider. (ib) The device is predominantly prescribed by a health care provider. (ii) It is a Class II or Class III device as defined in 360c of Title 21 of the United States Code. (B) A covered electronic device, as defined in subparagraph (A) of paragraph (1) of subdivision (g). (C) An energy storage system, as defined in subdivision (a) of Section 2835 of the Public Utilities Code. (D) An electronic nicotine delivery system, as defined in Section 375(7) of Title 15 of the United States Code. (3) CalRecycle may consult with other state agencies to determine if a product meets the definition of a covered battery-embedded product. (4) “Covered battery-embedded waste recycling fee” means the fee imposed for covered electronic devices, as defined in subparagraph (B) of paragraph (1) of subdivision (g), pursuant to Article 3 (commencing with Section 42464). (g) (1) “Covered electronic device” means either of the following: (A) Except as provided in paragraph (2), a video display device containing a screen greater than four inches, measured diagonally, that is identified in the regulations adopted by DTSC pursuant to subdivision (c) of Section 25214.10.1 of the Health and Safety Code. (B) Any covered battery-embedded product, as defined in subdivision (f). (2) “Covered electronic device,” as defined in subparagraph (A) of paragraph (1), does not include any of the following: (A) A video display device that is a part of a motor vehicle, as defined in Section 415 of the Vehicle Code, or any component part of a motor vehicle assembled by, or for, a vehicle manufacturer or franchised dealer, including replacement parts for use in a motor vehicle. (B) A video display device that is contained within, or a part of a piece of industrial, commercial, or medical equipment, including monitoring or control equipment. (C) A video display device that is contained within a clothes washer, clothes dryer, refrigerator, refrigerator and freezer, microwave oven, conventional oven or range, dishwasher, room air-conditioner, dehumidifier, or air purifier. (D) An electronic device, on and after the date that it ceases to be a covered electronic device pursuant to subdivision (f) of Section 25214.10.1 of the Health and Safety Code. (h) “Covered electronic waste” or “covered e-waste” means a covered electronic device that is discarded. (i) “Covered electronic waste recycling fee” or “covered e-waste recycling fee” means the fee imposed for covered electronic devices, as defined in subparagraph (A) of paragraph (1) of subdivision (g), pursuant to Article 3 (commencing with Section 42464). (j) “Covered electronic waste recycler” or “covered e-waste recycler” means any of the following: (1) A person who engages in the manual or mechanical separation of covered electronic devices to recover components and commodities contained therein for the purpose of reuse or recycling. (2) A person who changes the physical or chemical composition of a covered electronic device, in accordance with the requirements of Chapter 6.5 (commencing with Section 25100) of Division 20 of the Health and Safety Code and the regulations adopted pursuant to that chapter, by deconstructing, size reduction, crushing, cutting, sawing, compacting, shredding, or refining for purposes of segregating components, for purposes of recovering or recycling those components, and who arranges for the transport of those components to an end user. (3) A manufacturer who meets any conditions established by this chapter and Chapter 6.5 (commencing with Section 25100) of Division 20 of the Health and Safety Code for the collection or recycling of covered electronic waste. (k) “Director” means the Director of Resources Recycling and Recovery. (l) “Discarded” has the same meaning as set forth in subdivision (b) of Section 25124 of the Health and Safety Code. (m) “DTSC” means the Department of Toxic Substances Control. (n) “Electronic waste recovery payment” means an amount established and paid by CalRecycle pursuant to Section 42477. (o) “Electronic waste recycling payment” means an amount established and paid by CalRecycle pursuant to Section 42478. (p) “Hazardous material” has the same meaning as set forth in Section 25501 of the Health and Safety Code. (q) (1) (A) “Manufacturer” means a person who manufactures a covered electronic device and who owns or is the exclusive licensee of the brand or trademark under which the covered electronic device is sold, offered for sale, or distributed in the state. (B) If there is no person in the state who is the manufacturer for purposes of subparagraph (A), the manufacturer of the covered electronic device is the owner or licensee of a brand or trademark under which a covered electronic device is sold, offered for sale, or distributed in the state. (C) If there is no person in the state who is the manufacturer for purposes of subparagraph (A) or (B), the manufacturer of the covered electronic device is the person who sells, offers for sale, or distributes the covered electronic device into the state for sale, offer for sale, or distribution in the state. (2) For purposes of this chapter, the sale of a covered electronic device shall be deemed to occur in the state if the covered electronic device is delivered to the purchaser in the state. (r) “Person” means an individual, trust firm, joint stock company, business concern, and corporation, including, but not limited to, a government corporation, partnership, limited liability company, and association. Notwithstanding Section 40170, “person” also includes a city, county, city and county, district, commission, the state or a department, agency, or political subdivision thereof, an interstate body, and the United States and its agencies and instrumentalities to the extent permitted by law. (s) “Recycling” has the same meaning as set forth in subdivision (a) of Section 25121.1 of the Health and Safety Code. (t) “Refurbished,” when used to describe a covered electronic device, means a device that the manufacturer has tested and returned to a condition that meets factory specifications for the device, has repackaged, and has labeled as refurbished. (u) “Retailer” means a person who makes a retail sale of a new or refurbished covered electronic device. “Retailer” includes a manufacturer of a covered electronic device who sells that covered electronic device directly to a consumer through any means, including, but not limited to, a transaction conducted through a sales outlet, catalog, or the Internet, or any other similar electronic means. (v) (1) “Retail sale” has the same meaning as set forth in Section 6007 of the Revenue and Taxation Code. (2) “Retail sale” does not include the sale of a covered electronic device that is temporarily stored or used in the state for the sole purpose of preparing the covered electronic device for use thereafter solely outside the state, and that is subsequently transported outside the state and thereafter used solely outside the state. (w) “Vendor” means a person that makes a sale of a covered electronic device for the purpose of resale to a retailer who is the lessor of the covered electronic device to a consumer under a lease that is a continuing sale and purchase pursuant to Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code. (x) “Video display device” means an electronic device with an output surface that displays, or is capable of displaying, moving graphical images or a visual representation of image sequences or pictures, showing a number of quickly changing images on a screen in fast succession to create the illusion of motion, including, if applicable, a device that is an integral part of the display, in that it cannot be easily removed from the display by the consumer, that produces the moving image on the screen. A video display device may use, but is not limited to, a cathode ray tube (CRT), liquid crystal display (LCD), gas plasma, digital light processing, or other image projection technology. (Amended by Stats. 2023, Ch. 131, Sec. 197. (AB 1754) Effective January 1, 2024. Conditionally inoperative as provided in Sections 42485 and 42486.)
  132. 42464.

    ## 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 8.5. Electronic Waste Recycling [42460 - 42486] ( Chapter 8.5 added by Stats. 2003, Ch. 526, Sec. 5. ) ## ARTICLE 3. Covered Electronic Waste Recycling Fees and Covered Battery-Embedded Waste Recycling Fees [42464 - 42464.8] ( Heading of Article 3 amended by Stats. 2022, Ch. 370, Sec. 6. )

    Verify source ↗

    Consumers must pay covered electronic waste recycling fees when buying covered devices, and retailers must collect and separately state the fee unless a payment-by-retailer exception 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 8.5. Electronic Waste Recycling [42460 - 42486] ( Chapter 8.5 added by Stats. 2003, Ch. 526, Sec. 5. ) ## ARTICLE 3. Covered Electronic Waste Recycling Fees and Covered Battery-Embedded Waste Recycling Fees [42464 - 42464.8] ( Heading of Article 3 amended by Stats. 2022, Ch. 370, Sec. 6. ) ## 42464. (a) On and after January 1, 2005, or as otherwise provided by Section 25214.10.1 of the Health and Safety Code, a consumer shall pay a covered electronic waste recycling fee upon the purchase of a new or refurbished covered electronic device, as defined in subparagraph (A) of paragraph (1) of subdivision (g) of Section 42463 in the following amounts: (1) Six dollars ($6) for each covered electronic device, as defined in subparagraph (A) of paragraph (1) of subdivision (g) of Section 42463, with a screen size of less than 15 inches measured diagonally. (2) Eight dollars ($8) for each covered electronic device, as defined in subparagraph (A) of paragraph (1) of subdivision (g) of Section 42463, with a screen size greater than or equal to 15 inches but less than 35 inches measured diagonally. (3) Ten dollars ($10) for each covered electronic device, as defined in subparagraph (A) of paragraph (1) of subdivision (g) of Section 42463, with a screen size greater than or equal to 35 inches measured diagonally. (b) (1) On and after January 1, 2026, a consumer shall pay a covered battery-embedded waste recycling fee in an amount determined by CalRecycle pursuant to paragraph (3) upon the purchase of a new or refurbished covered electronic device, as defined in subparagraph (B) of paragraph (1) of subdivision (g) of Section 42463. (2) Beginning on August 1, 2028, CalRecycle, in collaboration with DTSC, may establish more than one covered electronic waste recycling fee for covered battery-embedded waste recycling fee for covered electronic devices, as defined in subparagraph (B) of paragraph (1) of subdivision (g) of Section 42463, based on categories of covered battery-embedded products, as determined by CalRecycle in collaboration with DTSC. (3) On or before October 1, 2025, and on or before October 1 each year thereafter, CalRecycle shall establish a covered electronic waste recycling fee based on the reasonable regulatory costs to administer covered electronic waste recycling. The fee shall be imposed upon the purchase of a new or refurbished covered electronic device, as defined in subparagraph (B) of paragraph (1) of subdivision (g) of Section 42463. The fee shall go into effect on January 1 of each calendar year after the fee is adopted. The maximum fee shall be adjusted annually based on the California Consumer Price Index as compiled and reported by the Department of Industrial Relations. (c) Except as provided in subdivision (e), a retailer shall collect from the consumer a covered electronic waste recycling fee or covered battery-embedded waste recycling fee, as applicable, at the time of the retail sale of a covered electronic device. (d) (1) A retailer may retain 3 percent of the covered electronic waste recycling fee or covered battery-embedded waste recycling fee, as applicable, as reimbursement for all costs associated with collecting the fee and shall transmit the remainder of the fee to the state pursuant to Section 42464.4. (2) If a retailer makes an election pursuant to paragraph (2) of subdivision (e), and the conditions of subparagraphs (A), (B), and (C) of paragraph (2) of subdivision (e) are met, the vendor, in lieu of the retailer, may retain 3 percent of the covered electronic waste recycling fee or covered battery-embedded waste recycling fee, as applicable, as reimbursement for all costs associated with collecting the fee and the vendor shall transmit the remainder of the fee to the state pursuant to Section 42464.4. (e) (1) If a retailer elects to pay the covered electronic waste recycling fee or covered battery-embedded waste recycling fee, as applicable, on behalf of the consumer, the retailer shall provide an express statement to that effect on the receipt given to the consumer at the time of sale. If a retailer elects to pay the covered electronic waste recycling fee on behalf of the consumer, the fee is a debt owed by the retailer to the state, and the consumer is not liable for the fee. (2) A retailer may elect to pay the covered electronic waste recycling fee or covered battery-embedded waste recycling fee, as applicable, on behalf of the consumer by paying the covered electronic waste recycling fee or covered battery-embedded waste recycling fee, as applicable, to the retailer’s vendor, but only if all of the following conditions are met: (A) The vendor is registered with CDTFA to collect and remit the covered electronic waste recycling fee or covered battery-embedded waste recycling fee, as applicable, pursuant to this chapter. (B) The vendor holds a valid seller’s permit pursuant to Article 2 (commencing with Section 6066) of Chapter 2 of Part 1 of Division 2 of the Revenue and Taxation Code. (C) The retailer pays the covered electronic waste recycling fee or covered battery-embedded waste recycling fee, as applicable, to the vendor that is separately stated on the vendor’s invoice to the retailer. (D) The retailer provides an express statement on the invoice, contract, or other record documenting the sale that is given to the consumer, that the covered electronic waste recycling fee or covered battery-embedded waste recycling fee, as applicable, has been paid on behalf of the consumer. (3) For the purpose of making the election in paragraph (2), if the conditions set forth in subparagraphs (A), (B), (C), and (D) of paragraph (2), are met, the covered electronic waste recycling fee or covered battery-embedded waste recycling fee, as applicable, is a debt owed by the vendor to the state, and the retailer is not liable for the fee. (f) The retailer shall separately state the covered electronic waste recycling fee or covered battery-embedded waste recycling fee, as applicable, on the receipt given to the consumer at the time of sale. (g) On or before August 1, 2005, and, thereafter, no more frequently than annually, and no less frequently than biennially, CalRecycle, in collaboration with DTSC, shall review, at a public hearing, the covered electronic waste recycling fee outlined in subdivision (a) and shall make any adjustments to the fee to ensure that there are sufficient revenues in the Electronic Waste Recovery and Recycling Account to fund the covered electronic waste recycling program, as related to covered electronic devices, as defined in subparagraph (A) of paragraph (1) of subdivision (g) of Section 42463 and the resulting covered e-waste, established pursuant to this chapter. Adjustments to the fee that are made on or before August 1, shall apply to the calendar year beginning the following January 1. CalRecycle shall base an adjustment of the covered electronic waste recycling fees on both of the following factors: (1) The sufficiency, and any surplus, of revenues in the Electronic Waste Recovery and Recycling Account to fund the collection, consolidation, and recycling of covered electronic waste resulting from covered electronic devices, as defined in subparagraph (A) of paragraph (1) of subdivision (g) of Section 42463, and the resulting covered e-waste, that is projected to be recycled in the state. (2) The sufficiency of revenues in the Electronic Waste Recovery and Recycling Account for CalRecycle and DTSC to administer, enforce, and promote the program established pursuant to this chapter, as related to covered electronic devices, as defined in subparagraph (A) of paragraph (1) of subdivision (g) of Section 42463 and the resulting covered e-waste, plus a prudent reserve not to exceed 5 percent of the amount in the Electronic Waste Recovery and Recycling Account. (h) Following the setting of the covered battery-embedded waste recycling fee pursuant to paragraph (3) of subdivision (b), on or before August 1, 2027, and, thereafter, no more frequently than annually, and no less frequently than biennially, CalRecycle, in collaboration with DTSC, shall review, at a public hearing, the covered battery-embedded waste recycling fee outlined in subdivision (b) and shall make any fair and reasonable adjustments to the fee to ensure that there are sufficient revenues in the Covered Battery-Embedded Waste Recycling Fee Subaccount to fund the covered electronic waste recycling program established pursuant to this chapter related to covered electronic devices, as defined in subparagraph (B) of paragraph (1) of subdivision (g) of Section 42463, and the resulting covered e-waste. Adjustments to the fee that are made on or before August 1, shall apply to the calendar year beginning the following January 1. CalRecycle shall base an adjustment of the covered battery-embedded waste recycling fees on both of the following factors: (1) The sufficiency, and any surplus, of revenues in the Covered Battery-Embedded Waste Recycling Fee Subaccount to fund the collection, consolidation, and recycling of covered electronic waste resulting from discarded covered electronic devices, as defined in subparagraph (B) of paragraph (1) of subdivision (g) of Section 42463, that is projected to be recycled in the state. (2) The sufficiency of revenues in the Covered Battery-Embedded Waste Recycling Fee Subaccount for CalRecycle and DTSC to administer, enforce, and promote the program established pursuant to this chapter, related to covered electronic devices, as defined in subparagraph (B) of paragraph (1) of subdivision (g) of Section 42463, and the resulting covered e-waste, plus a prudent reserve not to exceed 5 percent of the amount in the Covered Battery-Embedded Waste Recycling Fee Subaccount. (Amended by Stats. 2024, Ch. 72, Sec. 44. (SB 156) Effective July 2, 2024. Conditionally inoperative as provided in Sections 42485 and 42486.)
  133. 42464.2.

    ## 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 8.5. Electronic Waste Recycling [42460 - 42486] ( Chapter 8.5 added by Stats. 2003, Ch. 526, Sec. 5. ) ## ARTICLE 3. Covered Electronic Waste Recycling Fees and Covered Battery-Embedded Waste Recycling Fees [42464 - 42464.8] ( Heading of Article 3 amended by Stats. 2022, Ch. 370, Sec. 6. )

    Verify source ↗

    CDTFA must collect the covered electronic waste recycling fee and the covered battery-embedded waste recycling fee under the Fee Collection Procedures Law.

    ## 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 8.5. Electronic Waste Recycling [42460 - 42486] ( Chapter 8.5 added by Stats. 2003, Ch. 526, Sec. 5. ) ## ARTICLE 3. Covered Electronic Waste Recycling Fees and Covered Battery-Embedded Waste Recycling Fees [42464 - 42464.8] ( Heading of Article 3 amended by Stats. 2022, Ch. 370, Sec. 6. ) ## 42464.2. CDTFA shall collect the covered electronic waste recycling fee and the covered battery-embedded waste recycling fee pursuant to the Fee Collection Procedures Law (Part 30 (commencing with Section 55001) of Division 2 of the Revenue and Taxation Code). For purposes of this section, the reference in the Fee Collection Procedures Law to “feepayer” shall include a retailer, a consumer, and a vendor, in the case of a retailer’s election pursuant to paragraph (2) of subdivision (e) of Section 42464. (Amended by Stats. 2022, Ch. 370, Sec. 8. (SB 1215) Effective January 1, 2023. Conditionally inoperative as provided in Sections 42485 and 42486.)
  134. 42464.3.

    ## 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 8.5. Electronic Waste Recycling [42460 - 42486] ( Chapter 8.5 added by Stats. 2003, Ch. 526, Sec. 5. ) ## ARTICLE 3. Covered Electronic Waste Recycling Fees and Covered Battery-Embedded Waste Recycling Fees [42464 - 42464.8] ( Heading of Article 3 amended by Stats. 2022, Ch. 370, Sec. 6. )

    Verify source ↗

    CalRecycle and DTSC may share article-related information with CDTFA when requested and when needed to administer and enforce the covered e-waste and battery-embedded waste recycling fees.

    ## 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 8.5. Electronic Waste Recycling [42460 - 42486] ( Chapter 8.5 added by Stats. 2003, Ch. 526, Sec. 5. ) ## ARTICLE 3. Covered Electronic Waste Recycling Fees and Covered Battery-Embedded Waste Recycling Fees [42464 - 42464.8] ( Heading of Article 3 amended by Stats. 2022, Ch. 370, Sec. 6. ) ## 42464.3. CalRecycle and DTSC may share information provided pursuant to this article with CDTFA, upon request, as necessary to administer and enforce the covered electronic waste recycling fee and covered battery-embedded waste recycling fee imposed under this article. (Amended by Stats. 2023, Ch. 848, Sec. 13. (AB 1526) Effective January 1, 2024. Conditionally inoperative as provided in Sections 42485 and 42486.)
  135. 42464.4.

    ## 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 8.5. Electronic Waste Recycling [42460 - 42486] ( Chapter 8.5 added by Stats. 2003, Ch. 526, Sec. 5. ) ## ARTICLE 3. Covered Electronic Waste Recycling Fees and Covered Battery-Embedded Waste Recycling Fees [42464 - 42464.8] ( Heading of Article 3 amended by Stats. 2022, Ch. 370, Sec. 6. )

    Verify source ↗

    Covered electronic waste and battery-embedded waste recycling fees are due quarterly, with payment due by the last day of the month after each calendar quarter. The payment must be accompanied by an electronically filed return, authenticated as CDTFA prescribes.

    ## 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 8.5. Electronic Waste Recycling [42460 - 42486] ( Chapter 8.5 added by Stats. 2003, Ch. 526, Sec. 5. ) ## ARTICLE 3. Covered Electronic Waste Recycling Fees and Covered Battery-Embedded Waste Recycling Fees [42464 - 42464.8] ( Heading of Article 3 amended by Stats. 2022, Ch. 370, Sec. 6. ) ## 42464.4. (a) The covered electronic waste recycling fee and the covered battery-embedded waste recycling fee shall be due and payable quarterly on or before the last day of the month following each calendar quarter. The payments shall be accompanied by a return filed using electronic media. Returns shall be authenticated in a form or pursuant to methods as may be prescribed by CDTFA. (b) CDTFA may require the payment of the fee and the filing of returns for other than quarterly periods. (Amended by Stats. 2022, Ch. 370, Sec. 10. (SB 1215) Effective January 1, 2023. Conditionally inoperative as provided in Sections 42485 and 42486.)
  136. 42464.6.

    ## 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 8.5. Electronic Waste Recycling [42460 - 42486] ( Chapter 8.5 added by Stats. 2003, Ch. 526, Sec. 5. ) ## ARTICLE 3. Covered Electronic Waste Recycling Fees and Covered Battery-Embedded Waste Recycling Fees [42464 - 42464.8] ( Heading of Article 3 amended by Stats. 2022, Ch. 370, Sec. 6. )

    Verify source ↗

    CDTFA must not hear certain fee redetermination petitions or refund claims based on whether an item is a covered electronic device, and it must route those appeals or refund claims to DTSC or CalRecycle depending on the covered-device definition cited.

    ## 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 8.5. Electronic Waste Recycling [42460 - 42486] ( Chapter 8.5 added by Stats. 2003, Ch. 526, Sec. 5. ) ## ARTICLE 3. Covered Electronic Waste Recycling Fees and Covered Battery-Embedded Waste Recycling Fees [42464 - 42464.8] ( Heading of Article 3 amended by Stats. 2022, Ch. 370, Sec. 6. ) ## 42464.6. (a) CDTFA shall not accept or consider a petition for redetermination of fees determined under this chapter if the petition is founded upon the grounds that an item is or is not a covered electronic device, as defined in subparagraph (A) of paragraph (1) of subdivision (g) of Section 42463. CDTFA shall forward to DTSC any appeal of a determination that is based on the grounds that an item is or is not a covered electronic device, as defined in subparagraph (A) of paragraph (1) of subdivision (g) of Section 42463. CDTFA shall forward to CalRecycle any appeal of a determination that is based on the grounds that an item is or is not a covered electronic device, as defined in subparagraph (B) of paragraph (1) of subdivision (g) of Section 42463. (b) CDTFA shall not accept or consider a claim for refund of fees paid pursuant to this chapter if the claim is founded upon the grounds that an item is or is not a covered electronic device. CDTFA shall forward to DTSC any claim for refund that is based on the grounds that an item is or is not a covered electronic device, as defined in subparagraph (A) of paragraph (1) of subdivision (g) of Section 42463. CDTFA shall forward to CalRecycle any claim for refund that is based on the grounds that an item is or is not a covered electronic device, as defined in subparagraph (B) of paragraph (1) of subdivision (g) of Section 42463. (Amended by Stats. 2022, Ch. 370, Sec. 11. (SB 1215) Effective January 1, 2023. Conditionally inoperative as provided in Sections 42485 and 42486.)
  137. 42464.8.

    ## 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 8.5. Electronic Waste Recycling [42460 - 42486] ( Chapter 8.5 added by Stats. 2003, Ch. 526, Sec. 5. ) ## ARTICLE 3. Covered Electronic Waste Recycling Fees and Covered Battery-Embedded Waste Recycling Fees [42464 - 42464.8] ( Heading of Article 3 amended by Stats. 2022, Ch. 370, Sec. 6. )

    Verify source ↗

    CDTFA may disclose specified registration information about a person collecting and remitting certain covered electronic waste recycling fees.

    ## 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 8.5. Electronic Waste Recycling [42460 - 42486] ( Chapter 8.5 added by Stats. 2003, Ch. 526, Sec. 5. ) ## ARTICLE 3. Covered Electronic Waste Recycling Fees and Covered Battery-Embedded Waste Recycling Fees [42464 - 42464.8] ( Heading of Article 3 amended by Stats. 2022, Ch. 370, Sec. 6. ) ## 42464.8. Notwithstanding Section 55381 of the Revenue and Taxation Code, CDTFA may disclose the name, address, account number, and account status of a person registered with CDTFA to collect and remit the covered electronic waste recycling fee or the covered battery-embedded waste recycling fee. (Amended by Stats. 2022, Ch. 370, Sec. 12. (SB 1215) Effective January 1, 2023. Conditionally inoperative as provided in Sections 42485 and 42486.)
  138. 42465.

    ## 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 8.5. Electronic Waste Recycling [42460 - 42486] ( Chapter 8.5 added by Stats. 2003, Ch. 526, Sec. 5. ) ## ARTICLE 4. Manufacturer Responsibility [42465 - 42467] ( Article 4 added by Stats. 2003, Ch. 526, Sec. 5. )

    Verify source ↗

    A person may not sell a new or refurbished covered electronic device to a consumer in this state if CalRecycle or DTSC finds the manufacturer is not complying with this chapter, unless another Health and Safety Code section provides otherwise.

    ## 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 8.5. Electronic Waste Recycling [42460 - 42486] ( Chapter 8.5 added by Stats. 2003, Ch. 526, Sec. 5. ) ## ARTICLE 4. Manufacturer Responsibility [42465 - 42467] ( Article 4 added by Stats. 2003, Ch. 526, Sec. 5. ) ## 42465. On and after the date specified in subdivision (a) of, and paragraph (1) of subdivision (b) of, Section 42464, a person shall not sell a new or refurbished covered electronic device to a consumer in this state if CalRecycle or DTSC determines that the manufacturer of that covered electronic device is not in compliance with this chapter or as provided otherwise by Section 25214.10.1 of the Health and Safety Code. (Amended by Stats. 2023, Ch. 131, Sec. 198. (AB 1754) Effective January 1, 2024. Conditionally inoperative as provided in Sections 42485 and 42486.)
  139. 42465.1.

    ## 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 8.5. Electronic Waste Recycling [42460 - 42486] ( Chapter 8.5 added by Stats. 2003, Ch. 526, Sec. 5. ) ## ARTICLE 4. Manufacturer Responsibility [42465 - 42467] ( Article 4 added by Stats. 2003, Ch. 526, Sec. 5. )

    Verify source ↗

    A person may not sell or offer for sale a new or refurbished covered electronic device in California unless the device has a visible manufacturer name or brand label.

    ## 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 8.5. Electronic Waste Recycling [42460 - 42486] ( Chapter 8.5 added by Stats. 2003, Ch. 526, Sec. 5. ) ## ARTICLE 4. Manufacturer Responsibility [42465 - 42467] ( Article 4 added by Stats. 2003, Ch. 526, Sec. 5. ) ## 42465.1. On and after January 1, 2005, or as specified otherwise in Section 25214.10.1 of the Health and Safety Code, a person shall not sell or offer for sale in this state a new or refurbished covered electronic device, as defined in subparagraph (A) of paragraph (1) of subdivision (g) of Section 42463, unless the device is labeled with the name of the manufacturer or the manufacturer’s brand label so that it is readily visible. (Amended by Stats. 2022, Ch. 370, Sec. 14. (SB 1215) Effective January 1, 2023. Conditionally inoperative as provided in Sections 42485 and 42486.)
  140. 42465.2.

    ## 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 8.5. Electronic Waste Recycling [42460 - 42486] ( Chapter 8.5 added by Stats. 2003, Ch. 526, Sec. 5. ) ## ARTICLE 4. Manufacturer Responsibility [42465 - 42467] ( Article 4 added by Stats. 2003, Ch. 526, Sec. 5. )

    Verify source ↗

    Manufacturers of covered electronic devices sold in the state must file specified reports with CalRecycle and provide consumers with return, recycling, and disposal information.

    ## 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 8.5. Electronic Waste Recycling [42460 - 42486] ( Chapter 8.5 added by Stats. 2003, Ch. 526, Sec. 5. ) ## ARTICLE 4. Manufacturer Responsibility [42465 - 42467] ( Article 4 added by Stats. 2003, Ch. 526, Sec. 5. ) ## 42465.2. (a) On or before July 1, 2005, or as specified otherwise in Section 25214.10.1 of the Health and Safety Code, and at least once annually thereafter as determined by CalRecycle, each manufacturer of a covered electronic device, as defined in subparagraph (A) of paragraph (1) of subdivision (g) of Section 42463, sold in this state shall do all of the following: (1) Submit to CalRecycle a report that includes all of the following information: (A) An estimate of the number of covered electronic devices, as defined in subparagraph (A) of paragraph (1) of subdivision (g) of Section 42463, sold by the manufacturer in the state during the previous year. (B) A baseline or set of baselines that show the total estimated amounts of mercury, cadmium, lead, hexavalent chromium, and polybrominated biphenyls (PBBs) used in covered electronic devices, as defined in subparagraph (A) of paragraph (1) of subdivision (g) of Section 42463, manufactured by the manufacturer in that year and the reduction in the use of those hazardous materials from the previous year. (C) A baseline or set of baselines that show the total estimated amount of recycled materials contained in covered electronic devices, as defined in subparagraph (A) of paragraph (1) of subdivision (g) of Section 42463, sold by the manufacturer in that year and the increase in the use of those recycled materials from the previous year. (D) A baseline or a set of baselines that describe any efforts to design covered electronic devices, as defined in subparagraph (A) of paragraph (1) of subdivision (g) of Section 42463, for recycling and goals and plans for further increasing design for recycling. (E) A list of those retailers, including, but not limited to, Internet and catalog retailers, to which the manufacturer provided a notice in the prior 12 months pursuant to Section 42465.3 and subdivision (d) of Section 25214.10.1 of the Health and Safety Code. (2) Make information available to consumers that describes where and how to return, recycle, and dispose of the covered electronic waste resulting from discarded electronic devices, as defined in subparagraph (A) of paragraph (1) of subdivision (g) of Section 42463, and opportunities and locations for the collection or return of the device, through the use of a toll-free telephone number, internet website, information labeled on the device, information included in the packaging, or information accompanying the sale of the covered electronic device, as defined in subparagraph (A) of paragraph (1) of subdivision (g) of Section 42463. (b) (1) For purposes of complying with paragraph (1) of subdivision (a), a manufacturer may submit a report to CalRecycle that includes only those covered electronic devices, as defined in subparagraph (A) of paragraph (1) of subdivision (g) of Section 42463, that include applications of the compounds listed in subparagraph (B) of paragraph (1) of subdivision (a) that are exempt from the Directive 2002/95/EC adopted by the European Parliament and the Council of the European Union on January 27, 2003, and any amendments made to that directive, if both of the following conditions are met, as modified by Section 24214.10 of the Health and Safety Code: (A) The manufacturer submits written verification to DTSC that demonstrates, to DTSC’s satisfaction, that the manufacturer is in compliance with Directive 2002/95/EC, and any amendments to that directive, for those covered electronic devices, as defined in subparagraph (A) of paragraph (1) of subdivision (g) of Section 42463, for which it is not submitting a report to CalRecycle pursuant to this subdivision. (B) DTSC certifies that the manufacturer is in compliance with Directive 2002/95/EC, and any amendments to that directive, for those covered electronic devices, as defined in subparagraph (A) of paragraph (1) of subdivision (g) of Section 42463, for which the manufacturer is not submitting a report to CalRecycle pursuant to this subdivision. (2) When reporting pursuant to this subdivision, a manufacturer is required only to report on specific applications of compounds used in covered electronic devices, as defined in subparagraph (A) of paragraph (1) of subdivision (g) of Section 42463, that are exempt from Directive 2002/95/EC. (c) Any information submitted to CalRecycle pursuant to subdivision (a) that is proprietary in nature or a trade secret shall be subject to protection under state laws and regulations governing that information. (Amended by Stats. 2022, Ch. 370, Sec. 15. (SB 1215) Effective January 1, 2023. Conditionally inoperative as provided in Sections 42485 and 42486.)
  141. 42465.3.

    ## 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 8.5. Electronic Waste Recycling [42460 - 42486] ( Chapter 8.5 added by Stats. 2003, Ch. 526, Sec. 5. ) ## ARTICLE 4. Manufacturer Responsibility [42465 - 42467] ( Article 4 added by Stats. 2003, Ch. 526, Sec. 5. )

    Verify source ↗

    Manufacturers of covered electronic devices must follow specified notification 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 8.5. Electronic Waste Recycling [42460 - 42486] ( Chapter 8.5 added by Stats. 2003, Ch. 526, Sec. 5. ) ## ARTICLE 4. Manufacturer Responsibility [42465 - 42467] ( Article 4 added by Stats. 2003, Ch. 526, Sec. 5. ) ## 42465.3. A manufacturer of a covered electronic device, as defined in subparagraph (A) of paragraph (1) of subdivision (g) of Section 42463, shall comply with the notification requirements of subdivision (d) of Section 25214.10.1 of the Health and Safety Code. (Amended by Stats. 2022, Ch. 370, Sec. 16. (SB 1215) Effective January 1, 2023. Conditionally inoperative as provided in Sections 42485 and 42486.)
  142. 42466.1.

    ## 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 8.5. Electronic Waste Recycling [42460 - 42486] ( Chapter 8.5 added by Stats. 2003, Ch. 526, Sec. 5. ) ## ARTICLE 4. Manufacturer Responsibility [42465 - 42467] ( Article 4 added by Stats. 2003, Ch. 526, Sec. 5. )

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    A person may not sell or offer for sale a new or refurbished covered electronic device in this state unless it has a visible manufacturer name or brand label.

    ## 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 8.5. Electronic Waste Recycling [42460 - 42486] ( Chapter 8.5 added by Stats. 2003, Ch. 526, Sec. 5. ) ## ARTICLE 4. Manufacturer Responsibility [42465 - 42467] ( Article 4 added by Stats. 2003, Ch. 526, Sec. 5. ) ## 42466.1. (a) On and after January 1, 2026, a person shall not sell or offer for sale in this state a new or refurbished covered electronic device, as defined in subparagraph (B) of paragraph (1) of subdivision (g) of Section 42463, unless the item is labeled with the name of the manufacturer or the manufacturer’s brand label so that it is readily visible. (b) A new or refurbished covered electronic device, as defined in subparagraph (B) of paragraph (1) of subdivision (g) of Section 42463, battery-embedded product shall either be labeled with information identifying the chemistry of the battery contained within the covered electronic devices sold by the manufacturer or include that information on the manufacturer’s internet website. (Added by Stats. 2022, Ch. 370, Sec. 17. (SB 1215) Effective January 1, 2023. Conditionally inoperative as provided in Sections 42485 and 42486.)
  143. 42466.2.

    ## 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 8.5. Electronic Waste Recycling [42460 - 42486] ( Chapter 8.5 added by Stats. 2003, Ch. 526, Sec. 5. ) ## ARTICLE 4. Manufacturer Responsibility [42465 - 42467] ( Article 4 added by Stats. 2003, Ch. 526, Sec. 5. )

    Verify source ↗

    Manufacturers of covered electronic devices must notify retailers and CalRecycle, and must send annual notices by July 1 starting in 2025.

    ## 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 8.5. Electronic Waste Recycling [42460 - 42486] ( Chapter 8.5 added by Stats. 2003, Ch. 526, Sec. 5. ) ## ARTICLE 4. Manufacturer Responsibility [42465 - 42467] ( Article 4 added by Stats. 2003, Ch. 526, Sec. 5. ) ## 42466.2. (a) A manufacturer of a “covered electronic device,” as defined in subparagraph (B) of paragraph (1) of subdivision (g) of Section 42463, shall send a notice in accordance with the schedule specified in paragraph (1) or (2), as applicable, of subdivision (c), to any retailer that sells that covered electronic device, as defined in subparagraph (B) of paragraph (1) of subdivision (g) of Section 42463, manufactured by the manufacturer. The notice shall identify the covered electronic device, as defined in subparagraph (B) of paragraph (1) of subdivision (g) of Section 42463, by brand and model number, and shall inform the retailer that the electronic device, as defined in subparagraph (B) of paragraph (1) of subdivision (g) of Section 42463, is a covered electronic device, as defined in subparagraph (B) of paragraph (1) of subdivision (g) of Section 42463, and is subject to a covered battery-embedded waste recycling fee in accordance with subdivision (b) of Section 42464. (b) A manufacturer subject to this subdivision shall also send copies of the notice to CalRecycle. (c) The notice required by this subdivision shall be sent in accordance with the following schedule: (1) On or before July 1, 2025, and every year thereafter, the manufacturer shall send a notice covering any covered electronic device, as defined in subparagraph (B) of paragraph (1) of subdivision (g) of Section 42463, manufactured by that manufacturer that is subject to this chapter. (2) On or before July 1, 2025, and every year thereafter, the manufacturer shall send a notice covering any product manufactured by that manufacturer that is exempt from the covered battery-embedded product definition, pursuant to paragraph (2) of subdivision (g) of Section 42463. (Added by Stats. 2022, Ch. 370, Sec. 18. (SB 1215) Effective January 1, 2023. Conditionally inoperative as provided in Sections 42485 and 42486.)
  144. 42467.

    ## 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 8.5. Electronic Waste Recycling [42460 - 42486] ( Chapter 8.5 added by Stats. 2003, Ch. 526, Sec. 5. ) ## ARTICLE 4. Manufacturer Responsibility [42465 - 42467] ( Article 4 added by Stats. 2003, Ch. 526, Sec. 5. )

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    Manufacturers of covered electronic devices sold in California must file an annual report with CalRecycle and provide consumers with return, recycling, and disposal information.

    ## 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 8.5. Electronic Waste Recycling [42460 - 42486] ( Chapter 8.5 added by Stats. 2003, Ch. 526, Sec. 5. ) ## ARTICLE 4. Manufacturer Responsibility [42465 - 42467] ( Article 4 added by Stats. 2003, Ch. 526, Sec. 5. ) ## 42467. (a) On or before July 1, 2027, and at least once annually thereafter, each manufacturer of a covered electronic device, as defined in subparagraph (B) of paragraph (1) of subdivision (g) of Section 42463, sold in this state shall do both of the following: (1) Submit to CalRecycle a report that includes all of the following information: (A) An estimate of the number of covered electronic devices, as defined in subparagraph (B) of paragraph (1) of subdivision (g) of Section 42463, sold by the manufacturer in the state during the previous year. (B) The chemistry of the battery contained within the covered electronic devices, as defined in subparagraph (B) of paragraph (1) of subdivision (g) of Section 42463, sold by the manufacturer. (C) A baseline or set of baselines that show the total estimated amount of recycled materials contained in covered electronic devices, as defined in subparagraph (B) of paragraph (1) of subdivision (g) of Section 42463, sold by the manufacturer in that year and the increase in the use of those recycled materials from the previous year. (D) A list of those retailers, including, but not limited to, internet and catalog retailers, to which the manufacturer provided a notice in the prior 12 months pursuant to Section 42466.2. (2) Make information available to consumers that describes where and how to return, recycle, and dispose of the covered electronic device, as defined in subparagraph (B) of paragraph (1) of subdivision (g) of Section 42463, and opportunities and locations for the collection or return of the device, through the use of a toll-free telephone number, internet website, information labeled on the device, information included in the packaging, or information accompanying the sale of the covered electronic device, as defined in subparagraph (B) of paragraph (1) of subdivision (g) of Section 42463. (b) Any information submitted to CalRecycle pursuant to subdivision (a) that is proprietary in nature or a trade secret shall be subject to protection under state laws and regulations governing that information. (Added by Stats. 2022, Ch. 370, Sec. 19. (SB 1215) Effective January 1, 2023. Conditionally inoperative as provided in Sections 42485 and 42486.)
  145. 42472.

    ## 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 8.5. Electronic Waste Recycling [42460 - 42486] ( Chapter 8.5 added by Stats. 2003, Ch. 526, Sec. 5. ) ## ARTICLE 5. Administration [42472 - 42475.4] ( Article 5 added by Stats. 2003, Ch. 526, Sec. 5. )

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    Local public agencies generally may not require recycling of covered electronic devices or impose a covered electronic waste recycling fee unless this chapter expressly authorizes 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 8.5. Electronic Waste Recycling [42460 - 42486] ( Chapter 8.5 added by Stats. 2003, Ch. 526, Sec. 5. ) ## ARTICLE 5. Administration [42472 - 42475.4] ( Article 5 added by Stats. 2003, Ch. 526, Sec. 5. ) ## 42472. (a) The imposition of a covered electronic waste recycling fee is a matter of statewide interest and concern and is applicable uniformly throughout the state. A city, county, city and county, or other public agency may not adopt, implement, or enforce an ordinance, resolution, regulation, or rule requiring a consumer, manufacturer, or retailer to recycle covered electronic devices or imposing a covered electronic waste recycling fee upon a manufacturer, retailer, or consumer, unless expressly authorized under this chapter. (b) Nothing in this section prohibits the adoption, implementation, or enforcement of any local ordinance, resolution, regulation, or rule governing curbside or drop off recycling programs operated by, or pursuant to a contract with, a city, county, city and county, or other public agency, including any action relating to fees for these programs. Nothing in this section shall be construed to affect any contract, franchise, permit, license, or other arrangement regarding the collection or recycling of solid waste or household hazardous waste. (Added by Stats. 2003, Ch. 526, Sec. 5. Effective January 1, 2004. Conditionally inoperative as provided in Sections 42485 and 42486.)
  146. 42473.

    ## 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 8.5. Electronic Waste Recycling [42460 - 42486] ( Chapter 8.5 added by Stats. 2003, Ch. 526, Sec. 5. ) ## ARTICLE 5. Administration [42472 - 42475.4] ( Article 5 added by Stats. 2003, Ch. 526, Sec. 5. )

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    The Legislature states that the covered electronic waste recycling fee is not a tax for the California Constitution’s Article XIII A because of the fee’s relationship to environmental burdens and recycling support.

    ## 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 8.5. Electronic Waste Recycling [42460 - 42486] ( Chapter 8.5 added by Stats. 2003, Ch. 526, Sec. 5. ) ## ARTICLE 5. Administration [42472 - 42475.4] ( Article 5 added by Stats. 2003, Ch. 526, Sec. 5. ) ## 42473. The Legislature declares that the imposition of a covered electronic waste recycling fee would not result in the imposition of a tax within the meaning of Article XIII A of the California Constitution, because the amount and nature of the fee has a fair and reasonable relationship to the adverse environmental burdens imposed by the disposal of covered electronic devices and there is a sufficient nexus between the fee imposed and the use of those fees to support the recycling and reuse of these devices. (Added by Stats. 2003, Ch. 526, Sec. 5. Effective January 1, 2004. Conditionally inoperative as provided in Sections 42485 and 42486.)
  147. 42474.

    ## 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 8.5. Electronic Waste Recycling [42460 - 42486] ( Chapter 8.5 added by Stats. 2003, Ch. 526, Sec. 5. ) ## ARTICLE 5. Administration [42472 - 42475.4] ( Article 5 added by Stats. 2003, Ch. 526, Sec. 5. )

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    This section lets CalRecycle and the courts impose civil penalties for certain fee-payment failures, false statements, and compliance failures, and requires manufacturers to keep and provide compliance records.

    ## 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 8.5. Electronic Waste Recycling [42460 - 42486] ( Chapter 8.5 added by Stats. 2003, Ch. 526, Sec. 5. ) ## ARTICLE 5. Administration [42472 - 42475.4] ( Article 5 added by Stats. 2003, Ch. 526, Sec. 5. ) ## 42474. (a) Civil liability in an amount of up to two thousand five hundred dollars ($2,500) per offense may be administratively imposed by CalRecycle for each sale of a covered electronic device for which a covered electronic waste recycling fee or covered battery-embedded waste recycling fee, as applicable, has not been paid pursuant to Section 42464. (b) A civil penalty in an amount of up to five thousand dollars ($5,000) per offense may be imposed by a superior court for each sale of a covered electronic device for which a covered electronic waste recycling fee or covered battery-embedded waste recycling fee, as applicable, has not been paid pursuant to Section 42464. (c) Civil liability in an amount of up to twenty-five thousand dollars ($25,000) may be administratively imposed by CalRecycle against manufacturers for failure to comply with this chapter, except as otherwise provided in subdivision (a). (d) Civil liability in an amount of up to twenty-five thousand dollars ($25,000) per violation may be administratively imposed by CalRecycle against a person, including an authorized collector or covered electronic waste recycler, that makes a false statement or representation in any document filed, submitted, maintained, or used for purposes of compliance with this chapter and associated regulations. (e) (1) CalRecycle may revoke the approval or deny the renewal application of an authorized collector or covered electronic waste recycler that makes a false statement or representation in a document filed, submitted, maintained, or used for purposes of compliance with this chapter and the regulations adopted pursuant to this chapter. (2) In addition to the authority specified in paragraph (1), CalRecycle may deny an application for approval or renewal from an authorized collector or covered electronic waste recycler that, or an individual identified in the application who, has a history demonstrating a pattern of operation in conflict with the requirements of this chapter and the regulations adopted pursuant to this chapter. (3) (A) A person challenging a revocation, denial of application renewal, or application denial under this chapter, or an approved covered electronic waste recycler challenging the denial or adjustment of an electronic waste recovery payment or electronic waste recycling payment, shall first exhaust all administrative remedies by filing with CalRecycle a timely administrative appeal, in accordance with the regulations adopted to implement this chapter. (B) The hearing shall be held before the director or the director’s designee, who shall issue a written decision stating the factual and legal basis for this decision. (f) (1) A manufacturer shall maintain and keep accessible all records required to be kept or submitted pursuant to this chapter for a minimum of three years. (2) A manufacturer shall, upon request, provide CalRecycle with relevant records necessary to determine compliance with this chapter. (g) All reports and records provided to CalRecycle pursuant to this chapter shall be provided under penalty of perjury. (Amended by Stats. 2022, Ch. 370, Sec. 20. (SB 1215) Effective January 1, 2023. Conditionally inoperative as provided in Sections 42485 and 42486.)
  148. 42474.5.

    ## 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 8.5. Electronic Waste Recycling [42460 - 42486] ( Chapter 8.5 added by Stats. 2003, Ch. 526, Sec. 5. ) ## ARTICLE 5. Administration [42472 - 42475.4] ( Article 5 added by Stats. 2003, Ch. 526, Sec. 5. )

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    DTSC may enforce this chapter and its regulations under the cited Health and Safety Code chapter, despite any other law.

    ## 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 8.5. Electronic Waste Recycling [42460 - 42486] ( Chapter 8.5 added by Stats. 2003, Ch. 526, Sec. 5. ) ## ARTICLE 5. Administration [42472 - 42475.4] ( Article 5 added by Stats. 2003, Ch. 526, Sec. 5. ) ## 42474.5. Notwithstanding any other law, this chapter and all regulations adopted pursuant to this chapter may be enforced by DTSC pursuant to Chapter 6.5 (commencing with Section 25100) of Division 20 of the Health and Safety Code. (Amended by Stats. 2022, Ch. 370, Sec. 21. (SB 1215) Effective January 1, 2023. Conditionally inoperative as provided in Sections 42485 and 42486.)
  149. 42475.

    ## 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 8.5. Electronic Waste Recycling [42460 - 42486] ( Chapter 8.5 added by Stats. 2003, Ch. 526, Sec. 5. ) ## ARTICLE 5. Administration [42472 - 42475.4] ( Article 5 added by Stats. 2003, Ch. 526, Sec. 5. )

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    CalRecycle must administer and enforce this chapter, and it must adopt regulations to protect proprietary information submitted by manufacturers of covered electronic devices.

    ## 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 8.5. Electronic Waste Recycling [42460 - 42486] ( Chapter 8.5 added by Stats. 2003, Ch. 526, Sec. 5. ) ## ARTICLE 5. Administration [42472 - 42475.4] ( Article 5 added by Stats. 2003, Ch. 526, Sec. 5. ) ## 42475. (a) CalRecycle shall administer and enforce this chapter in consultation with DTSC. (b) CalRecycle and DTSC may adopt regulations pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code that are necessary to implement this chapter, and any other regulations that CalRecycle and DTSC determines are necessary to implement the provisions of this chapter in a manner that is enforceable. (c) CalRecycle shall adopt regulations pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code to protect any proprietary information submitted to CalRecycle by a manufacturer of covered electronic devices. (d) CalRecycle and DTSC may prepare, publish, or issue any materials that CalRecycle or DTSC determines to be necessary to disseminate information concerning CalRecycle’s and DTSC’s activities under this chapter. (e) In carrying out this chapter, CalRecycle and DTSC may solicit and use any and all expertise available in other state agencies, including, but not limited to, the Department of Conservation and CDTFA. (Amended by Stats. 2022, Ch. 370, Sec. 22. (SB 1215) Effective January 1, 2023. Conditionally inoperative as provided in Sections 42485 and 42486.)
  150. 42475.2.

    ## 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 8.5. Electronic Waste Recycling [42460 - 42486] ( Chapter 8.5 added by Stats. 2003, Ch. 526, Sec. 5. ) ## ARTICLE 5. Administration [42472 - 42475.4] ( Article 5 added by Stats. 2003, Ch. 526, Sec. 5. )

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    CalRecycle and DTSC may adopt emergency regulations to implement and enforce this chapter.

    ## 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 8.5. Electronic Waste Recycling [42460 - 42486] ( Chapter 8.5 added by Stats. 2003, Ch. 526, Sec. 5. ) ## ARTICLE 5. Administration [42472 - 42475.4] ( Article 5 added by Stats. 2003, Ch. 526, Sec. 5. ) ## 42475.2. (a) CalRecycle and DTSC may each adopt regulations to implement and enforce this chapter as emergency regulations. (b) The emergency regulations adopted pursuant to this chapter shall be adopted in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and for purposes of that chapter, including Section 11349.6 of the Government Code, the adoption of these regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health, safety, and general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, any emergency regulations adopted by CalRecycle or DTSC pursuant to this section shall be filed with, but not be repealed by, the Office of Administrative Law and shall remain in effect for a period of two years or until revised by DTSC or CalRecycle, whichever occurs sooner. (Amended by Stats. 2022, Ch. 370, Sec. 23. (SB 1215) Effective January 1, 2023. Conditionally inoperative as provided in Sections 42485 and 42486.)
  151. 42475.3.

    ## 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 8.5. Electronic Waste Recycling [42460 - 42486] ( Chapter 8.5 added by Stats. 2003, Ch. 526, Sec. 5. ) ## ARTICLE 5. Administration [42472 - 42475.4] ( Article 5 added by Stats. 2003, Ch. 526, Sec. 5. )

    Verify source ↗

    CalRecycle, with DTSC, must convene a working group, and the group must develop and advise on environmental purchasing criteria by July 1, 2005.

    ## 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 8.5. Electronic Waste Recycling [42460 - 42486] ( Chapter 8.5 added by Stats. 2003, Ch. 526, Sec. 5. ) ## ARTICLE 5. Administration [42472 - 42475.4] ( Article 5 added by Stats. 2003, Ch. 526, Sec. 5. ) ## 42475.3. CalRecycle, in collaboration with DTSC, shall convene a covered electronic waste working group comprised of representatives from manufacturers of covered electronic devices and other interested parties to develop and, by July 1, 2005, advise CalRecycle and the State and Consumer Services Agency on environmental purchasing criteria that may be used by state agencies to identify covered electronic devices with reduced environmental impacts. In defining criteria, the group shall consider the environmental impacts of products over their entire life cycle, as well as tradeoffs in other product attributes such as safety, product functionality, and cost. The group shall also consider any federal product evaluation or rating system, or market based system to promote the development and sale of environmentally conscious products. (Amended by Stats. 2022, Ch. 370, Sec. 24. (SB 1215) Effective January 1, 2023. Conditionally inoperative as provided in Sections 42485 and 42486.)
  152. 42475.4.

    ## 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 8.5. Electronic Waste Recycling [42460 - 42486] ( Chapter 8.5 added by Stats. 2003, Ch. 526, Sec. 5. ) ## ARTICLE 5. Administration [42472 - 42475.4] ( Article 5 added by Stats. 2003, Ch. 526, Sec. 5. )

    Verify source ↗

    CalRecycle must set and update statewide recycling goals for covered electronic waste, post certain sales and recycling information online, and develop the goals with stakeholder input.

    ## 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 8.5. Electronic Waste Recycling [42460 - 42486] ( Chapter 8.5 added by Stats. 2003, Ch. 526, Sec. 5. ) ## ARTICLE 5. Administration [42472 - 42475.4] ( Article 5 added by Stats. 2003, Ch. 526, Sec. 5. ) ## 42475.4. (a) CalRecycle shall annually establish, and update as necessary, statewide recycling goals for covered electronic waste. In implementing this section, CalRecycle shall do all of the following: (1) Post on its internet website information on the amount of covered electronic devices sold in the state in the previous year as reported to CalRecycle. (2) Post on its internet website information on the amount of covered electronic waste recycled in the state in the previous year as reported to CalRecycle. (3) Develop and adopt recycling goals, with input from manufacturers, retailers, covered electronic waste recyclers, and collectors, that reflect projections of covered electronic device sales, rates of obsolescence, and stockpiles. (b) Nothing in this section authorizes CalRecycle to establish any recycling rates or dates by which a manufacturer of covered electronic devices shall comply with this chapter, or to impose any other recycling goal or target on a manufacturer of those devices. (Amended by Stats. 2022, Ch. 370, Sec. 25. (SB 1215) Effective January 1, 2023. Conditionally inoperative as provided in Sections 42485 and 42486.)
  153. 42476.

    ## 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 8.5. Electronic Waste Recycling [42460 - 42486] ( Chapter 8.5 added by Stats. 2003, Ch. 526, Sec. 5. ) ## ARTICLE 6. Financial Provisions [42476 - 42479] ( Article 6 added by Stats. 2003, Ch. 526, Sec. 5. )

    Verify source ↗

    This section creates recycling fund accounts, requires certain fee money to be deposited there, and lets CalRecycle use those funds for specified recycling-related payments and administration.

    ## 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 8.5. Electronic Waste Recycling [42460 - 42486] ( Chapter 8.5 added by Stats. 2003, Ch. 526, Sec. 5. ) ## ARTICLE 6. Financial Provisions [42476 - 42479] ( Article 6 added by Stats. 2003, Ch. 526, Sec. 5. ) ## 42476. (a) (1) The Electronic Waste Recovery and Recycling Account is hereby established in the Integrated Waste Management Fund. All covered electronic waste recycling fees collected from sales of covered electronic devices, as defined in subparagraph (A) of paragraph (1) of subdivision (g) of Section 42463, shall be deposited into the Electronic Waste Recovery and Recycling Account. (2) Notwithstanding Section 13340 of the Government Code, the funds in the Electronic Waste Recovery and Recycling Account are hereby continuously appropriated, without regard to fiscal year, for the following purposes: (A) To pay refunds of the covered electronic waste recycling fee imposed under Section 42464. (B) To make electronic waste recovery payments to an authorized collector of covered electronic waste, resulting from discarded covered electronic devices, as defined in subparagraph (A) of paragraph (1) of subdivision (g) of Section 42463, pursuant to Section 42479. (C) To make electronic waste recycling payments to covered electronic waste recyclers, for recycling covered electronic waste resulting from discarded covered electronic devices, as defined in subparagraph (A) of paragraph (1) of subdivision (g) of Section 42463, pursuant to Section 42479. (D) To make payments to manufacturers for covered electronic waste, resulting from discarded covered electronic devices, as defined in subparagraph (A) of paragraph (1) of subdivision (g) of Section 42463, pursuant to subdivision (i). (b) (1) The Covered Battery-Embedded Waste Recycling Fee Subaccount is hereby created in the Electronic Waste Recovery and Recycling Account. All covered battery-embedded waste recycling fees collected from sales of covered electronic devices, as defined in subparagraph (B) of paragraph (1) of subdivision (g) of Section 42463, shall be deposited into the Covered Battery-Embedded Waste Recycling Fee Subaccount. (2) Notwithstanding Section 13340 of the Government Code, the funds in the Covered Battery-Embedded Waste Recycling Fee Subaccount are hereby continuously appropriated, without regard to fiscal year, for the following purposes: (A) To pay refunds of the covered battery-embedded waste recycling fee imposed under Section 42464. (B) To make electronic waste recovery payments to an authorized collector of covered electronic waste resulting from discarded covered electronic devices, as defined in subparagraph (B) of paragraph (1) of subdivision (g) of Section 42463, pursuant to Section 42479. (C) To make electronic waste recycling payments to covered electronic waste recyclers for recycling covered electronic waste resulting from discarded covered electronic devices, as defined in subparagraph (B) of paragraph (1) of subdivision (g) of Section 42463, pursuant to Section 42479. (D) To make payments to manufacturers for covered electronic waste resulting from discarded covered electronic devices, as defined in subparagraph (B) of paragraph (1) of subdivision (g) of Section 42463, pursuant to subdivision (i). (c) (1) The money in the Electronic Waste Recovery and Recycling Account may be expended for the following purposes only upon appropriation by the Legislature in the annual Budget Act: (A) For the administration of this chapter by CalRecycle and DTSC, as related to covered electronic devices, as defined in subparagraph (A) of paragraph (1) of subdivision (g) of Section 42463, and covered electronic waste resulting from discarded covered electronic devices, as defined in subparagraph (A) of paragraph (1) of subdivision (g) of Section 42463. (B) To reimburse CDTFA for its administrative costs of registering, collecting, making refunds, and auditing retailers and consumers in connection with the covered electronic waste recycling fee imposed under Section 42464. (C) To provide funding to DTSC to implement and enforce Chapter 6.5 (commencing with Section 25100) of Division 20 of the Health and Safety Code, as related to covered electronic devices, as defined in subparagraph (A) of paragraph (1) of subdivision (g) of Section 42463, as and as related to covered electronic waste, resulting from discarded covered electronic devices, defined in subparagraph (A) of paragraph (1) of subdivision (g) of Section 42463, including any regulations adopted by DTSC pursuant to that chapter, as that chapter relates to covered electronic devices, as defined in subparagraph (A) of paragraph (1) of subdivision (g) of Section 42463, and as related to covered electronic waste, resulting from discarded covered electronic devices, defined in subparagraph (A) of paragraph (1) of subdivision (g) of Section 42463. (D) To establish the public information program specified in subdivision (e), as it relates to covered electronic devices, as defined in subparagraph (A) of paragraph (1) of subdivision (g) of Section 42463, and as related to covered electronic waste, resulting from discarded covered electronic devices, defined in subparagraph (A) of paragraph (1) of subdivision (g) of Section 42463. (E) For expenditure pursuant to paragraph (2) of subdivision (a) of, and paragraph (2) of subdivision (b) of, Section 17001. (2) The money in the Covered Battery-Embedded Waste Recycling Fee Subaccount may be expended solely for the following purposes only upon appropriation by the Legislature in the annual Budget Act: (A) For the administration of this chapter by CalRecycle and DTSC, as related to covered electronic devices, as defined in subparagraph (B) of paragraph (1) of subdivision (g) of Section 42463 and covered electronic waste resulting from discarded covered electronic devices, as defined in subparagraph (B) of paragraph (1) of subdivision (g) of Section 42463. (B) To reimburse CDTFA for its administrative costs of registering, collecting, making refunds, and auditing retailers and consumers in connection with the covered battery-embedded waste recycling fee imposed under Section 42464. (C) To provide funding to DTSC to implement and enforce Chapter 6.5 (commencing with Section 25100) of Division 20 of the Health and Safety Code, as it relates to covered electronic devices, as defined in subparagraph (B) of paragraph (1) of subdivision (g) of Section 42463, and as it relates to covered electronic waste resulting from discarded covered electronic devices, defined in subparagraph (B) of paragraph (1) of subdivision (g) of Section 42463, including any regulations adopted by DTSC pursuant to that chapter, as that chapter relates to covered electronic devices, as defined in subparagraph (B) of paragraph (1) of subdivision (g) of Section 42463 and covered electronic waste resulting from discarded covered electronic devices, as defined in subparagraph (B) of paragraph (1) of subdivision (g) of Section 42463. (D) To establish the public information program specified in subdivision (e), as it relates to covered electronic devices, as defined in subparagraph (B) of paragraph (1) of subdivision (g) of Section 42463, and as it relates to covered electronic waste resulting from covered electronic devices, as defined in subparagraph (B) of paragraph (1) of subdivision (g) of Section 42463. (3) Any fines or penalties collected pursuant to this chapter shall be deposited in the Electronic Waste Penalty Subaccount, which is hereby established in the account. The funds in the Electronic Waste Penalty Subaccount may be expended by CalRecycle or DTSC only upon appropriation by the Legislature. (d) Notwithstanding Section 16475 of the Government Code, any interest earned upon funds in the Electronic Waste Recovery and Recycling Account shall be deposited in that account for expenditure pursuant to this chapter. (e) Not more than 2 percent of the funds annually deposited in the Electronic Waste Recovery and Recycling Account and not more than 2 percent of the funds annually deposited in the Covered Battery-Embedded Waste Recycling Fee Subaccount shall be expended for purposes of establishing the public information program to educate the public in the hazards of improper covered electronic device storage and disposal and on the opportunities to recycle covered electronic devices. (f) CalRecycle shall adopt regulations specifying cancellation methods for the recovery, processing, or recycling of covered electronic waste. (g) CalRecycle may pay an electronic waste recycling payment or electronic waste recovery payment only for covered electronic waste that meets all of the following conditions: (1) (A) The covered electronic waste is demonstrated to have been generated by a person who used the covered electronic device while located in this state. (B) Covered electronic waste generated outside of the state and subsequently brought into the state is not eligible for payment. (C) CalRecycle shall establish documentation requirements for purposes of this paragraph that are necessary to demonstrate that the covered electronic waste was generated in the state and eligible for payment. (2) The covered electronic waste, including any residuals from the processing of the waste, is handled in compliance with all applicable statutes and regulations. (3) The manufacturer or the authorized collector or recycler of the electronic waste provides a cost-free and convenient opportunity to recycle electronic waste, in accordance with the legislative intent specified in subdivision (b) of Section 42461. (4) If the covered electronic waste is processed, the covered electronic waste is processed in this state according to the cancellation method authorized by CalRecycle. (h) The Legislature hereby declares that the state is a market participant in the business of the recycling of covered electronic waste for all of the following reasons: (1) The covered electronic waste recycling fee or the covered battery-embedded waste recycling fee, as applicable, are collected from the state’s consumers for covered electronic devices sold for use in the state. (2) The purpose of the covered electronic waste recycling fee and the covered battery-embedded waste recycling fee and subsequent payments is to prevent damage to the public health and the environment from waste generated in the state. (3) The recycling system funded by the covered electronic waste recycling fee and the covered battery-embedded waste recycling fee ensures that economically viable and sustainable markets are developed and supported for recovered materials and components in order to conserve resources and maximize business and employment opportunities within the state. (i) (1) CalRecycle may make a payment to a manufacturer that takes back a covered electronic device from a consumer in this state for purposes of recycling the device at a processing facility. The amount of the payment made by CalRecycle shall equal the value of the covered electronic waste recycling fee or the covered battery-embedded waste recycling fee, as applicable, paid for that device. To qualify for a payment pursuant to this subdivision, the manufacturer shall demonstrate both of the following to CalRecycle: (A) The covered electronic device for which payment is claimed was used in this state. (B) The covered electronic waste for which a payment is claimed, including any residuals from the processing of the waste, has been, and will be, handled in compliance with all applicable statutes and regulations. (2) A covered electronic device for which a payment is made under this subdivision is not eligible for an electronic waste recovery payment or an electronic waste recycling payment under Section 42479. (Amended by Stats. 2024, Ch. 72, Sec. 45. (SB 156) Effective July 2, 2024. Conditionally inoperative as provided in Sections 42485 and 42486.)
  154. 42476.5.

    ## 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 8.5. Electronic Waste Recycling [42460 - 42486] ( Chapter 8.5 added by Stats. 2003, Ch. 526, Sec. 5. ) ## ARTICLE 6. Financial Provisions [42476 - 42479] ( Article 6 added by Stats. 2003, Ch. 526, Sec. 5. )

    Verify source ↗

    People exporting covered electronic waste or covered electronic devices for recycling or disposal to a foreign country, or via another state for foreign export, must notify DTSC and submit supporting demonstrations at least 60 days before export.

    ## 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 8.5. Electronic Waste Recycling [42460 - 42486] ( Chapter 8.5 added by Stats. 2003, Ch. 526, Sec. 5. ) ## ARTICLE 6. Financial Provisions [42476 - 42479] ( Article 6 added by Stats. 2003, Ch. 526, Sec. 5. ) ## 42476.5. A person who exports covered electronic waste, or a covered electronic device intended for recycling or disposal, to a foreign country, or to another state for ultimate export to a foreign country, shall do all of the following at least 60 days prior to export: (a) Notify DTSC of the destination, disposition, contents, and volume of the waste or device intended for recycling or disposal to be exported, and include with the notification the demonstrations required pursuant to subdivisions (b) to (f), inclusive. (b) Demonstrate that the waste or device is being exported for purposes of recycling or disposal. (c) Demonstrate that the importation of the waste or device is not prohibited by an applicable law in the state or country of destination and that any import will be conducted in accordance with all applicable laws. As part of this demonstration, required import and operating licenses, permits, or other appropriate authorization documents shall be forwarded to DTSC. (d) Demonstrate that the exportation of the waste or device is conducted in accordance with applicable United States or applicable international law. (e) (1) Demonstrate that the waste or device will be managed within the country of destination only at facilities whose operations meet or exceed the binding decisions and implementing guidelines of the Organization for Economic Cooperation and Development for the environmentally sound management of the waste or device being exported. (2) The demonstration required by this subdivision applies to any country of destination, notwithstanding that the country is not a member of the Organization for Economic Cooperation and Development. (f) Demonstrate that the person attempted to locate an in-state covered electronic waste recycler and that the waste or device could not be managed by an in-state covered electronic waste recycler. (Amended by Stats. 2023, Ch. 308, Sec. 1. (SB 568) Effective January 1, 2024. Conditionally inoperative as provided in Sections 42485 and 42486.)
  155. 42476.6.

    ## 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 8.5. Electronic Waste Recycling [42460 - 42486] ( Chapter 8.5 added by Stats. 2003, Ch. 526, Sec. 5. ) ## ARTICLE 6. Financial Provisions [42476 - 42479] ( Article 6 added by Stats. 2003, Ch. 526, Sec. 5. )

    Verify source ↗

    Section 42476.5 does not apply to certain exported component parts if they are sent to an authorized collector or recycler and reused or recycled into a new electronic component.

    ## 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 8.5. Electronic Waste Recycling [42460 - 42486] ( Chapter 8.5 added by Stats. 2003, Ch. 526, Sec. 5. ) ## ARTICLE 6. Financial Provisions [42476 - 42479] ( Article 6 added by Stats. 2003, Ch. 526, Sec. 5. ) ## 42476.6. Section 42476.5 does not apply to a component part of a covered electronic device that is exported to an authorized collector or recycler and that is reused or recycled into a new electronic component. (Added by Stats. 2003, Ch. 526, Sec. 5. Effective January 1, 2004. Conditionally inoperative as provided in Sections 42485 and 42486.)
  156. 42477.

    ## 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 8.5. Electronic Waste Recycling [42460 - 42486] ( Chapter 8.5 added by Stats. 2003, Ch. 526, Sec. 5. ) ## ARTICLE 6. Financial Provisions [42476 - 42479] ( Article 6 added by Stats. 2003, Ch. 526, Sec. 5. )

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    CalRecycle must set an electronic waste recovery payment schedule and make recovery payments under this section.

    ## 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 8.5. Electronic Waste Recycling [42460 - 42486] ( Chapter 8.5 added by Stats. 2003, Ch. 526, Sec. 5. ) ## ARTICLE 6. Financial Provisions [42476 - 42479] ( Article 6 added by Stats. 2003, Ch. 526, Sec. 5. ) ## 42477. (a) On July 1, 2004, or as specified otherwise in Section 25214.10.1 of the Health and Safety Code, and on July 1 of each year thereafter, CalRecycle, in collaboration with DTSC, shall establish an electronic waste recovery payment schedule for covered electronic wastes generated in this state to cover the average net cost for an authorized collector to operate a free and convenient system for collecting, consolidating and transporting covered electronic wastes generated in this state. (b) CalRecycle shall make the electronic waste recovery payments either directly to an authorized collector or to a covered electronic waste recycler for payment to an authorized collector pursuant to this article. (Amended by Stats. 2022, Ch. 370, Sec. 28. (SB 1215) Effective January 1, 2023. Conditionally inoperative as provided in Sections 42485 and 42486.)
  157. 42478.

    ## 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 8.5. Electronic Waste Recycling [42460 - 42486] ( Chapter 8.5 added by Stats. 2003, Ch. 526, Sec. 5. ) ## ARTICLE 6. Financial Provisions [42476 - 42479] ( Article 6 added by Stats. 2003, Ch. 526, Sec. 5. )

    Verify source ↗

    CalRecycle must set and update electronic waste recycling payment schedules, pay covered recyclers, and create a claims process on the dates stated.

    ## 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 8.5. Electronic Waste Recycling [42460 - 42486] ( Chapter 8.5 added by Stats. 2003, Ch. 526, Sec. 5. ) ## ARTICLE 6. Financial Provisions [42476 - 42479] ( Article 6 added by Stats. 2003, Ch. 526, Sec. 5. ) ## 42478. (a) (1) Except as provided in paragraph (2), on July 1, 2004, or as specified otherwise in Section 25214.10.1 of the Health and Safety Code, and on July 1 of each year thereafter, CalRecycle, in collaboration with DTSC, shall establish a covered electronic waste recycling payment schedule for covered electronic wastes generated in this state from discarded covered electronic devices, as defined in subparagraph (A) of paragraph (1) of subdivision (g) of Section 42463, to cover the average net cost for an electronic waste recycler to receive, process, and recycle each major category, as determined by CalRecycle, of covered electronic waste, resulting from discarded covered electronic devices, as defined in subparagraph (A) of paragraph (1) of subdivision (g) of Section 42463, received from an authorized collector. CalRecycle shall make the electronic waste recycling payments to a covered electronic waste recycler pursuant to this article. (2) Until CalRecycle adopts a new payment schedule that covers the average net cost for an electronic waste recycler to receive, process, and recycle each major category, as determined by CalRecycle of covered electronic waste, resulting from discarded covered electronic devices, as defined in subparagraph (A) of paragraph (1) of subdivision (g) of Section 42463, received from an authorized collector, the amount of the covered electronic waste recycling payment shall be equal to twenty-eight cents ($0.28) per pound of the total weight of covered electronic waste, resulting from discarded covered electronic devices, as defined in subparagraph (A) of paragraph (1) of subdivision (g) of Section 42463, received from an authorized collector and subsequently processed for recycling. (b) (1) CalRecycle shall adopt regulations, effective January 1, 2025, to establish a process for covered electronic waste recyclers to submit payment claims for covered electronic waste resulting from discarded covered electronic devices, as defined in subparagraph (B) of paragraph (1) of subdivision (g) of Section 42463. (2) On April 1, 2026, CalRecycle shall begin accepting payment claims for covered electronic waste, resulting from discarded covered electronic devices, as defined in subparagraph (B) of paragraph (1) of subdivision (g) of Section 42463, collected on or after January 1, 2026. (c) (1) Except as provided in paragraph (2), on July 1, 2028, and on July 1 every year thereafter, CalRecycle, in collaboration with DTSC, shall establish a covered electronic waste recycling payment schedule for covered electronic waste generated in this state, resulting from discarded covered electronic devices, as defined in subparagraph (B) of paragraph (1) of subdivision (g) of Section 42463, to cover the average net cost for an electronic waste recycler to receive, process, and recycle each major category, as determined by CalRecycle, of covered electronic waste, resulting from discarded covered electronic devices, as defined in subparagraph (B) of paragraph (1) of subdivision (g) of Section 42463, received from an authorized collector. CalRecycle shall make the electronic waste recycling payments to a covered electronic waste recycler pursuant to this article. (2) Until CalRecycle adopts a new payment schedule that covers the average net cost for an electronic waste recycler to receive, process, and recycle each major category, as determined by CalRecycle, of covered electronic waste, resulting from discarded covered electronic devices, as defined in subparagraph (B) of paragraph (1) of subdivision (g) of Section 42463, received from an authorized collector, the amount of the covered electronic waste recycling payment shall be equal to $0.75 per pound of the total weight of covered electronic waste, resulting from discarded covered electronic devices, as defined in subparagraph (B) of paragraph (1) of subdivision (g) of Section 42463, received from an authorized collector and subsequently processed for recycling. (Amended by Stats. 2022, Ch. 370, Sec. 29. (SB 1215) Effective January 1, 2023. Conditionally inoperative as provided in Sections 42485 and 42486.)
  158. 42479.

    ## 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 8.5. Electronic Waste Recycling [42460 - 42486] ( Chapter 8.5 added by Stats. 2003, Ch. 526, Sec. 5. ) ## ARTICLE 6. Financial Provisions [42476 - 42479] ( Article 6 added by Stats. 2003, Ch. 526, Sec. 5. )

    Verify source ↗

    CalRecycle must make specified e-waste payments after reviewing a claim, may audit claims, and may recover improper payments; covered e-waste recyclers must meet eligibility requirements to receive payments.

    ## 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 8.5. Electronic Waste Recycling [42460 - 42486] ( Chapter 8.5 added by Stats. 2003, Ch. 526, Sec. 5. ) ## ARTICLE 6. Financial Provisions [42476 - 42479] ( Article 6 added by Stats. 2003, Ch. 526, Sec. 5. ) ## 42479. (a) (1) For covered electronic waste, resulting from discarded covered electronic devices, as defined in subparagraph (A) of paragraph (1) of subdivision (g) of Section 42463, collected for recycling on and after January 1, 2005, and for covered electronic waste, resulting from discarded covered electronic devices, as defined in subparagraph (B) of paragraph (1) of subdivision (g) of Section 42463, collected for recycling on or after January 1, 2026, CalRecycle shall make electronic waste recovery payments and electronic waste recycling payments for the collection and recycling of covered e-waste to an authorized collector or covered e-waste recycler, respectively, upon completion of the review by CalRecycle of a payment claim submitted to CalRecycle by the authorized collector or e-waste recycler in the form and manner determined by CalRecycle. CalRecycle may examine a payment claim for a period of not more than 90 days from the date of receipt of the payment claim to validate the claim’s completeness, accuracy, truthfulness, and compliance with applicable laws and regulations. All of the following shall be considered official records for purposes of Section 1280 of the Evidence Code: (A) The results of a payment claim review or subsequent payment claim audit. (B) Written information compiled by CalRecycle during a claim review or subsequent claim audit. (2) To the extent authorized by Section 42477, a covered e-waste recycler shall make the electronic waste recovery payments to an authorized collector upon receipt of a completed and verified invoice submitted to the recycler by the authorized collector in the form and manner determined by CalRecycle. (b) A covered e-waste recycler is eligible for a payment pursuant to this section only if the covered e-waste recycler meets all of the following requirements: (1) The covered e-waste recycler is in compliance with applicable requirements of Article 7 (commencing with Section 66273.70) of Chapter 23 of Division 4.5 of Title 22 of the California Code of Regulations. (2) The covered e-waste recycler demonstrates to CalRecycle that a facility utilized by the covered e-waste recycler for the handling, processing, refurbishment, or recycling of covered electronic devices meets all of the following standards: (A) The facility has been inspected by DTSC within the past 12 months and had been found to be operating in conformance with all applicable laws, regulations, and ordinances. (B) The facility is accessible during normal business hours for unannounced inspections by state or local agencies. (C) The facility has health and safety, employee training, and environmental compliance plans and certifies compliance with the plans. (D) The facility meets or exceeds the standards specified in Chapter 1 (commencing with Section 1171) of Part 4 of Division 2 of, Division 4 (commencing with Section 3200) of, and Division 5 (commencing with Section 6300) of, the Labor Code or, if all or part of the work is to be performed in another state, the equivalent requirements of that state. (c) CalRecycle may conduct a selective audit of authorized collectors, covered e-waste recyclers, or manufacturers receiving payments from CalRecycle to determine whether electronic waste recovery payments, electronic waste recycling payments, or payments to manufacturers are being paid by CalRecycle according to the requirements of this chapter and the regulations adopted pursuant to this chapter. CalRecycle collect and recover from authorized collectors, covered e-waste recyclers, or manufacturers, with interest, any moneys improperly paid. (Amended by Stats. 2023, Ch. 131, Sec. 200. (AB 1754) Effective January 1, 2024. Conditionally inoperative as provided in Sections 42485 and 42486.)
  159. 42480.

    ## 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 8.5. Electronic Waste Recycling [42460 - 42486] ( Chapter 8.5 added by Stats. 2003, Ch. 526, Sec. 5. ) ## ARTICLE 7. State Agency Procurement [42480- 42480.] ( Article 7 added by Stats. 2003, Ch. 526, Sec. 5. )

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    A state agency buying or leasing covered electronic devices must require bidder certification of compliance, with limited credit-card purchase 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 8.5. Electronic Waste Recycling [42460 - 42486] ( Chapter 8.5 added by Stats. 2003, Ch. 526, Sec. 5. ) ## ARTICLE 7. State Agency Procurement [42480- 42480.] ( Article 7 added by Stats. 2003, Ch. 526, Sec. 5. ) ## 42480. (a) (1) A state agency that purchases or leases covered electronic devices shall require each prospective bidder, to certify that it, and its agents, subsidiaries, partners, joint venturers, and subcontractors for the procurement, have complied with this chapter and any regulations adopted pursuant to this chapter, or to demonstrate that this chapter is inapplicable to all lines of business engaged in by the bidder, its agents, subsidiaries, partners, joint venturers, or subcontractors. (2) The certification requirement set forth in paragraph (1) does not apply to a credit card purchase of goods of two thousand five hundred dollars ($2,500) or less. The total amount of exemption authorized herein shall not exceed seven thousand five hundred dollars ($7,500) per year for each company from which a state agency is purchasing goods by credit card. It shall be the responsibility of each state agency to monitor the use of this exemption and adhere to these restrictions on these purchases. (b) Failure to provide certification pursuant to this section shall render the prospective bidder and its agents, subsidiaries, partners, joint venturers, and subcontractors ineligible to bid on the procurement of covered electronic devices. (c) The bid solicitation documents shall specify that the prospective bidder is required to cooperate fully in providing reasonable access to its records and documents that evidence compliance with this chapter. (d) Any person awarded a contract by a state agency that is found to be in violation of this section is subject to the following sanctions: (1) The contract shall be voided by the state agency to which the equipment, materials, or supplies were provided. (2) The contractor is ineligible to bid on any state contract for a period of three years. (3) If the Attorney General establishes in the name of the people of the State of California that any money, property, or benefit was obtained by a contractor as a result of violating this section, the court may, in addition to any other remedy, order the disgorgement of the unlawfully obtained money, property, or benefit in the interest of justice. (Amended by Stats. 2005, Ch. 381, Sec. 9. Effective January 1, 2006. Conditionally inoperative as provided in Sections 42485 and 42486.)
  160. 42485.

    ## 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 8.5. Electronic Waste Recycling [42460 - 42486] ( Chapter 8.5 added by Stats. 2003, Ch. 526, Sec. 5. ) ## ARTICLE 8. Inapplicability of Chapter [42485 - 42486] ( Article 8 added by Stats. 2003, Ch. 526, Sec. 5. )

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    CalRecycle and DTSC may not implement this chapter unless the listed federal-law conditions are met, with an exception tied to Section 42486(b).

    ## 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 8.5. Electronic Waste Recycling [42460 - 42486] ( Chapter 8.5 added by Stats. 2003, Ch. 526, Sec. 5. ) ## ARTICLE 8. Inapplicability of Chapter [42485 - 42486] ( Article 8 added by Stats. 2003, Ch. 526, Sec. 5. ) ## 42485. Except as provided in subdivision (b) of Section 42486, CalRecycle and DTSC shall not implement this chapter if either of the following occur: (a) A federal law, or a combination of federal laws, takes effect and does all of the following: (1) Establishes a program for the collection, recycling, and proper disposal of covered electronic waste that is applicable to all covered electronic devices sold in the United States. (2) Provides revenues to the state to support the collection, recycling, and proper disposal of covered electronic waste, in an amount that is equal to, or greater than, the revenues that would be generated by the fee imposed under Section 42464. (3) Requires covered electronic device manufacturers, retailers, handlers, processors, and recyclers to dispose of those devices in a manner that is in compliance with all applicable federal, state, and local laws, and prohibits the devices from being exported for disposal in a manner that poses a significant risk to the public health or the environment. (b) A trial court issues a judgment, which is not appealed, or an appellate court issues an order affirming a judgment of a trial court, holding that out-of-state manufacturers or retailers, or both, may not be required to collect the fee authorized by this chapter. The out-of-state manufacturers or retailers, or both, shall continue to collect the fee during the appellate process. (Amended by Stats. 2022, Ch. 370, Sec. 31. (SB 1215) Effective January 1, 2023. Note: Termination provisions affect Chapter 8.5, commencing with Section 42460.)
  161. 42486.

    ## 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 8.5. Electronic Waste Recycling [42460 - 42486] ( Chapter 8.5 added by Stats. 2003, Ch. 526, Sec. 5. ) ## ARTICLE 8. Inapplicability of Chapter [42485 - 42486] ( Article 8 added by Stats. 2003, Ch. 526, Sec. 5. )

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    This section says the chapter becomes inoperative when either event in Section 42485 happens, with the earlier date controlling if both happen.

    ## 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 8.5. Electronic Waste Recycling [42460 - 42486] ( Chapter 8.5 added by Stats. 2003, Ch. 526, Sec. 5. ) ## ARTICLE 8. Inapplicability of Chapter [42485 - 42486] ( Article 8 added by Stats. 2003, Ch. 526, Sec. 5. ) ## 42486. (a) Except as provided in subdivision (b), the provisions of this chapter shall become inoperative on the date that either of the events described in subdivision (a) or (b) of Section 42485 occurs, and if both occur, the earlier date. (b) On the date specified in subdivision (a), the provisions of this chapter shall remain operative only for the collection of fees, the liability for which accrued prior to that date, making refunds, effecting credits, the disposition of moneys collected, and commencing an action or proceeding pursuant to this chapter. (Added by Stats. 2004, Ch. 863, Sec. 22. Effective September 29, 2004. Note: Termination provisions affect Chapter 8.5, commencing with Section 42460.)
  162. 42488.

    ## 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 8.6. Right to Repair Act [42488 - 42488.3] ( Chapter 8.6 added by Stats. 2023, Ch. 704, Sec. 1. )

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    This chapter is named the Right to Repair Act and may be cited by that name.

    ## 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 8.6. Right to Repair Act [42488 - 42488.3] ( Chapter 8.6 added by Stats. 2023, Ch. 704, Sec. 1. ) ## 42488. This chapter shall be known, and may be cited, as the Right to Repair Act. (Added by Stats. 2023, Ch. 704, Sec. 1. (SB 244) Effective January 1, 2024.)
  163. 42488.1.

    ## 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 8.6. Right to Repair Act [42488 - 42488.3] ( Chapter 8.6 added by Stats. 2023, Ch. 704, Sec. 1. )

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    The Legislature states an intent to support a fair repair market for electronic and appliance products and to block intentional barriers to third-party repair.

    ## 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 8.6. Right to Repair Act [42488 - 42488.3] ( Chapter 8.6 added by Stats. 2023, Ch. 704, Sec. 1. ) ## 42488.1. It is the intent of the Legislature to provide a fair marketplace for the repair of electronic and appliance products and to prohibit intentional barriers and limitations to third-party repair. (Added by Stats. 2023, Ch. 704, Sec. 1. (SB 244) Effective January 1, 2024.)
  164. 42488.2.

    ## 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 8.6. Right to Repair Act [42488 - 42488.3] ( Chapter 8.6 added by Stats. 2023, Ch. 704, Sec. 1. )

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    Manufacturers of certain electronic or appliance products must provide repair documentation, parts, and tools on fair and reasonable terms for a minimum period, and some repair businesses must give customers a written notice before repair.

    ## 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 8.6. Right to Repair Act [42488 - 42488.3] ( Chapter 8.6 added by Stats. 2023, Ch. 704, Sec. 1. ) ## 42488.2. (a) Notwithstanding any other law, every manufacturer of an electronic or appliance product with a wholesale price to the retailer, or to others outside of direct retail sale, of not less than fifty dollars ($50) and not more than ninety-nine dollars and ninety-nine cents ($99.99), shall make available to owners of the product, service and repair facilities, and service dealers, sufficient documentation and functional parts and tools, inclusive of any updates, on fair and reasonable terms, to effect the diagnosis, maintenance, or repair of a product for at least three years after the last date a product model or type was manufactured, regardless of whether the three-year period exceeds the warranty period for the product. (b) Notwithstanding any other law, every manufacturer of an electronic or appliance product with a wholesale price to the retailer, or to others outside of direct retail sale, of one hundred dollars ($100) or more, shall make available to owners of the product, service and repair facilities, and service dealers sufficient documentation and functional parts and tools, inclusive of any updates, on fair and reasonable terms, to effect the diagnosis, maintenance, or repair of a product for at least seven years after the last date a product model or type was manufactured, regardless of whether the seven-year period exceeds the warranty period for the product. (c) Except as necessary to comply with this section, this section does not require a manufacturer to divulge a trade secret or license any intellectual property, including copyrights or patents. (d) This section does not require the distribution of a product’s source code. (e) A service and repair facility or service dealer that is not an authorized repair provider of a manufacturer shall provide a written notice to any customer seeking repair of an electronic or appliance product before the repair facility or service dealer repairs the product that informs the customer that it is not an authorized repair provider for the product, and shall disclose if it uses any used replacement parts or replacement parts provided by a supplier other than the manufacturer of the product. (f) Nothing in this section shall be construed to require a manufacturer to make available special documentation, tools, and parts that would disable or override antitheft security measures set by the owner of the product without the owner’s authorization. (g) Nothing in this section shall be construed to require a manufacturer to sell service parts if the service parts are no longer provided by the manufacturer or made available to an authorized repair provider. (h) (1) No manufacturer or authorized repair provider shall be liable for any damage or injury caused to any electronic or appliance product, person, or property that occurs as a result of repair, diagnosis, maintenance, or modification performed by a service dealer or owner, including, but not limited to, any of the following: (A) Any indirect, incidental, special, or consequential damages. (B) Any loss of data, privacy, or profits. (C) Any inability to use, or reduced functionality of, the electronic or appliance product. (2) Paragraph (1) does not apply to a design defect or manufacturing flaw that existed prior to, or independent of, the repair, diagnosis, maintenance, or modification performed pursuant to this section. (i) If a manufacturer is considered an authorized repair provider under subparagraph (B) of paragraph (1) of subdivision (j), this section shall not require the manufacturer to make available either of the following: (1) Documentation or tools that the manufacturer itself uses only to perform, at no cost, diagnostic services virtually through telephone, internet, chat, email, or other similar means that do not involve the manufacturer physically handling the customer’s electronic or appliance product, unless the manufacturer also makes the documentation or tools available to an individual or business that is unaffiliated with the manufacturer. (2) Documentation or tools used exclusively for repairs completed by machines that operate on several electronic or appliance products simultaneously, if the manufacturer makes available to owners of the product, service and repair facilities, and service dealers sufficient alternative documentation and tools to effect the diagnosis, maintenance, or repair of the electronic or appliance product. (j) For purposes of this section, the following definitions apply: (1) (A) “Authorized repair provider” means an individual or business that is unaffiliated with a manufacturer and that has an arrangement with the manufacturer, for a definite or indefinite period, under which the manufacturer grants to the individual or business a license to use a trade name, service mark, or other proprietary identifier to offer diagnostic, maintenance, or repair services for electronic or appliance products under the name of the manufacturer or an arrangement with the manufacturer to offer diagnostic, maintenance, or repair services for electronic or appliance products on behalf of the manufacturer. (B) A manufacturer that offers diagnostic, maintenance, or repair services for the manufacturer’s electronic or appliance products is considered an authorized repair provider with respect to the electronic or appliance products if the manufacturer does not have an arrangement described in subparagraph (A) with an unaffiliated individual or business. (2) “Documentation” means any electronic or appliance product manual, diagram, reporting output, service code description, schematic, or similar information that is provided by a manufacturer to an authorized repair provider, or that is for use by the manufacturer if the manufacturer does not have any authorized repair providers, for purposes of effecting the services of diagnosis, maintenance, or repair of the electronic or appliance product. (3) (A) “Electronic or appliance product” or “product” means a product, manufactured for the first time, and first sold or used in California, on or after July 1, 2021, described in subdivision (h), (i), (j), or (k) of Section 9801 of the Business and Professions Code for which the manufacturer makes available tools, parts, and documentation to authorized repair providers, and includes products described in those subdivisions that are sold to schools, businesses, local governments, or in other methods outside of direct retail sale. (B) “Electronic or appliance product” or “product” does not include any of the following: (i) Equipment or repair parts as defined in Chapter 28 (commencing with Section 22900) of Division 8 of the Business and Professions Code. (ii) A product or component of an “alarm system” as defined in subdivision (c) of Section 7590.1 of the Business and Professions Code, including a fire protection system, as defined in the California Fire Code. (iii) A video game console. (4) “Fair and reasonable terms” means each of the following, as applicable: (A) At costs and terms that are equivalent to the most favorable costs and terms under which the manufacturer offers the part, tool, or documentation to an authorized repair provider, accounting for any discount, rebate, convenient and timely means of delivery, means of enabling fully restored and updated functionality, rights of use, or other incentive or preference the manufacturer offers to an authorized repair provider. (B) For documentation, including any relevant updates, that the documentation is made available at no charge, except that, when the documentation is requested in physical printed form, a charge may be included for the reasonable actual costs of preparing and sending the copy. (C) For tools, that the tools are made available by the manufacturer at no charge and without imposing impediments to access or use of the tools to diagnose, maintain, or repair and enable full functionality of the product, or in a manner that impairs the efficient and cost-effective performance of any such diagnosis, maintenance, or repair, except that, when a tool is requested in physical form, a charge may be included for the reasonable, actual costs of preparing and sending the tool. (D) If a manufacturer does not use an authorized repair provider, “fair and reasonable terms” means at a price that reflects the actual cost to the manufacturer to prepare and deliver the part, tool, or documentation, exclusive of any research and development costs incurred. (5) “Part” means any replacement part or assembly of parts, either new or used, made available by a manufacturer of an electronic or appliance product to an authorized repair provider to facilitate the maintenance or repair of a product sold by the manufacturer. (6) “Service dealer” has the same meaning as defined in Section 9801 of the Business and Professions Code. (7) “Tool” means any software program, hardware implement, or other apparatus made available by a manufacturer of an electronic or appliance product to an authorized repair provider for the diagnosis, maintenance, or repair of the product, including software or other mechanisms that provision, program, pair a part, provide or calibrate functionality, or perform any other function required to repair the product or part back to fully functional condition, including any updates. (8) “Trade secret” has the same meaning as set forth in subdivision (d) of Section 3426.1 of the Civil Code, or paragraph (9) of subdivision (a) of Section 499c of the Penal Code. (9) “Video game console” means a computing device, including its components and peripherals, that is primarily used by consumers for playing video games, such as a console machine, a handheld console device, or another device or system. “Video game console” does not include a general or an all-purpose computer, which includes, but is not limited to, a desktop computer, laptop, tablet, or cell phone. (k) This section shall not apply if the manufacturer provides an equivalent or better, readily available replacement electronic or appliance product at no charge to the customer. (l) This section shall become operative on July 1, 2024. (Added by Stats. 2023, Ch. 704, Sec. 1. (SB 244) Effective January 1, 2024. Operative July 1, 2024, by its own provisions.)
  165. 42488.3.

    ## 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 8.6. Right to Repair Act [42488 - 42488.3] ( Chapter 8.6 added by Stats. 2023, Ch. 704, Sec. 1. )

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    This section lets certain public authorities sue in superior court for civil penalties against a person or entity that violated the chapter, with penalty amounts increasing by violation number, and requires suit to be filed within three years of the alleged violation.

    ## 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 8.6. Right to Repair Act [42488 - 42488.3] ( Chapter 8.6 added by Stats. 2023, Ch. 704, Sec. 1. ) ## 42488.3. (a) (1) A city, a county, a city and county, or the state may bring an action in superior court to impose civil liability on a person or entity that knowingly violated this chapter, or reasonably should have known that it violated this chapter, in the amount of one thousand dollars ($1,000) per day for the first violation of this chapter, two thousand dollars ($2,000) per day for the second violation, and five thousand dollars ($5,000) per day for the third and subsequent violations. (2) Any action described in paragraph (1) shall be commenced within three years from the date of the alleged violation. (b) Any civil penalties collected pursuant to subdivision (a) shall be paid to the office of the city attorney, county counsel, district attorney, or Attorney General, whichever office brought the action. The penalties collected pursuant to this section by the Attorney General shall be deposited into the Public Rights Law Enforcement Special Fund. (c) This section shall become operative on July 1, 2024. (Added by Stats. 2023, Ch. 704, Sec. 1. (SB 244) Effective January 1, 2024. Operative July 1, 2024, by its own provisions.)
  166. 42490.

    ## 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 8.7. Cell Phone Recycling Act of 2004 [42490 - 42499.5] ( Heading of Chapter 8.7 renumbered from Chapter 8.6 by Stats. 2023, Ch. 704, Sec. 2. ) ## ARTICLE 1. General Provisions [42490 - 42490.1] ( Article 1 added by Stats. 2004, Ch. 891, Sec. 1. )

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    This section says the act is called the Cell Phone Recycling Act of 2004 and may be cited that way.

    ## 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 8.7. Cell Phone Recycling Act of 2004 [42490 - 42499.5] ( Heading of Chapter 8.7 renumbered from Chapter 8.6 by Stats. 2023, Ch. 704, Sec. 2. ) ## ARTICLE 1. General Provisions [42490 - 42490.1] ( Article 1 added by Stats. 2004, Ch. 891, Sec. 1. ) ## 42490. This act shall be known, and may be cited as, the Cell Phone Recycling Act of 2004. (Added by Stats. 2004, Ch. 891, Sec. 1. Effective January 1, 2005. Inoperative September 30, 2027, pursuant to Section 42499.5. Repealed as of January 1, 2028, pursuant to Section 42499.5.)
  167. 42490.1.

    ## 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 8.7. Cell Phone Recycling Act of 2004 [42490 - 42499.5] ( Heading of Chapter 8.7 renumbered from Chapter 8.6 by Stats. 2023, Ch. 704, Sec. 2. ) ## ARTICLE 1. General Provisions [42490 - 42490.1] ( Article 1 added by Stats. 2004, Ch. 891, Sec. 1. )

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    This section states the Legislature’s goals for a used cell phone recycling system in 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 8.7. Cell Phone Recycling Act of 2004 [42490 - 42499.5] ( Heading of Chapter 8.7 renumbered from Chapter 8.6 by Stats. 2023, Ch. 704, Sec. 2. ) ## ARTICLE 1. General Provisions [42490 - 42490.1] ( Article 1 added by Stats. 2004, Ch. 891, Sec. 1. ) ## 42490.1. The Legislature finds and declares all of the following: (a) The purpose of this chapter is to enact a comprehensive and innovative system for the reuse, recycling, and proper and legal disposal of used cell phones. (b) It is the further purpose of this chapter to enact a law that establishes a program that is convenient for consumers and the public to return, recycle, and ensure the safe and environmentally sound disposal of used cell phones, and providing a system that does not charge when a cell phone is returned. (c) It is the intent of the Legislature that the cost associated with the handling, recycling, and disposal of used cell phones be the responsibility of the producers and consumers of cell phones, and not local government or their service providers, state government, or taxpayers. (d) In order to reduce the likelihood of illegal disposal of hazardous materials, it is the intent of this chapter to ensure that all costs associated with the proper management of used cell phones is internalized by the producers and consumers of cell phones at or before the point of purchase, and not at the point of discard. (e) Manufacturers and retailers of cell phones and cell phone service providers, in working to achieve the goals and objectives of this chapter, should have the flexibility to partner with each other and with those private and nonprofit business enterprises that currently provide collection and processing services to develop and promote a safe and effective used cell phone recycling system for California. (f) The producers of cell phones should reduce and, to the extent feasible, ultimately phase out the use of hazardous materials in cell phones. (g) Cell phones, to the greatest extent feasible, should be designed for extended life, repair, and reuse. (h) The purpose of this chapter is to provide for the safe, cost free, and convenient collection, reuse, and recycling of 100 percent of the used cell phones discarded or offered for recycling in the state. (i) In establishing a cost effective system for the recovery, reuse, recycling and proper disposal of used cell phones, it is the intent of the Legislature to encourage manufacturers, retailers and service providers to build on the retailer take-back systems initiated recently by some cell phone service providers. (j) An estimated 5 percent of obsolete cell phones are currently being recycled through a mechanism, whereby private sector recyclers provide retailers with a postage paid box for mailing returned cell phones to the recycler at no cost to the retailers. In some instances, the scrap value of these used phones is sufficient for the recycler to either pay the retailer or make a financial contribution on behalf of the retailer to a nonprofit charity. It is the intent of the Legislature that this model system be substantially expanded as a result of the enactment of this act. (Added by Stats. 2004, Ch. 891, Sec. 1. Effective January 1, 2005. Inoperative September 30, 2027, pursuant to Section 42499.5. Repealed as of January 1, 2028, pursuant to Section 42499.5.)
  168. 42493.

    ## 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 8.7. Cell Phone Recycling Act of 2004 [42490 - 42499.5] ( Heading of Chapter 8.7 renumbered from Chapter 8.6 by Stats. 2023, Ch. 704, Sec. 2. ) ## ARTICLE 2. Definitions [42493- 42493.] ( Article 2 added by Stats. 2004, Ch. 891, Sec. 1. )

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    This section defines key terms used in the Cell Phone Recycling Act chapter, including “cell phone,” “consumer,” “department,” “retailer,” “sell/sale,” “distributor,” and “used cell phone.”

    ## 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 8.7. Cell Phone Recycling Act of 2004 [42490 - 42499.5] ( Heading of Chapter 8.7 renumbered from Chapter 8.6 by Stats. 2023, Ch. 704, Sec. 2. ) ## ARTICLE 2. Definitions [42493- 42493.] ( Article 2 added by Stats. 2004, Ch. 891, Sec. 1. ) ## 42493. For the purposes of this chapter, the following terms have the following meanings, unless the context clearly requires otherwise: (a) “Cell phone” means a wireless telephone device that is designed to send or receive transmissions through a cellular radiotelephone service, as defined in Section 22.99 of Title 47 of the Code of Federal Regulations. A cell phone includes the rechargeable battery that may be connected to that cell phone. A cell phone does not include a wireless telephone device that is integrated into the electrical architecture of a motor vehicle. (b) “Consumer” means a purchaser or owner of a cell phone. “Consumer” also includes a business, corporation, limited partnership, nonprofit organization, or governmental entity, but does not include an entity involved in a wholesale transaction between a distributor and retailer. (c) “Department” means the Department of Toxic Substances Control. (d) “Retailer” means a person who sells a cell phone in the state to a consumer, including a manufacturer of a cell phone who sells that cell phone directly to a consumer. A sale includes, but is not limited to, transactions conducted through sales outlets, catalogs, or the Internet, or any other similar electronic means, but does not include a sale that is a wholesale transaction with a distributor or retailer. (e) (1) “Sell” or “sale” means a transfer for consideration of title or of the right to use, by lease or sales contract, including, but not limited to, transactions conducted through sales outlets, catalogs, or the Internet or any other, similar electronic means, but does not include a wholesale transaction with a distributor or a retailer. (2) For purposes of this subdivision and subdivision (d), “distributor” means a person who sells a cell phone to a retailer. (f) “Used cell phone” means a cell phone that has been previously used and is made available, by a consumer, for reuse, recycling, or proper disposal. (Added by Stats. 2004, Ch. 891, Sec. 1. Effective January 1, 2005. Inoperative September 30, 2027, pursuant to Section 42499.5. Repealed as of January 1, 2028, pursuant to Section 42499.5.)
  169. 42494.

    ## 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 8.7. Cell Phone Recycling Act of 2004 [42490 - 42499.5] ( Heading of Chapter 8.7 renumbered from Chapter 8.6 by Stats. 2023, Ch. 704, Sec. 2. ) ## ARTICLE 3. Cell Phone Recycling [42494 - 42495] ( Article 3 added by Stats. 2004, Ch. 891, Sec. 1. )

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    Retailers of cell phones sold in California must maintain a used-phone take-back and collection system, with no-cost return options and consumer recycling information.

    ## 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 8.7. Cell Phone Recycling Act of 2004 [42490 - 42499.5] ( Heading of Chapter 8.7 renumbered from Chapter 8.6 by Stats. 2023, Ch. 704, Sec. 2. ) ## ARTICLE 3. Cell Phone Recycling [42494 - 42495] ( Article 3 added by Stats. 2004, Ch. 891, Sec. 1. ) ## 42494. (a) On and after July 1, 2006, every retailer of cell phones sold in this state shall have in place a system for the acceptance and collection of used cell phones for reuse, recycling, or proper disposal. (b) A system for the acceptance and collection of used cell phones for reuse, recycling, or proper disposal shall, at a minimum, include all of the following elements: (1) The take-back from the consumer of a used cell phone that the retailer sold or previously sold to the consumer, at no cost to that consumer. The retailer may require proof of purchase. (2) The take-back of a used cell phone from a consumer who is purchasing a new cell phone from that retailer, at no cost to that consumer. (3) If the retailer delivers a cell phone directly to a consumer in this state, the system provides the consumer, at the time of delivery, with a mechanism for the return of used cell phones for reuse, recycling, or proper disposal, at no cost to the consumer. (4) Make information available to consumers about cell phone recycling opportunities provided by the retailer and encourage consumers to utilize those opportunities. This information may include, but is not limited to, one or more of the following: (A) Signage that is prominently displayed and easily visible to the consumer. (B) Written materials provided to the consumer at the time of purchase or delivery, or both. (C) Reference to the cell phone recycling opportunity in retailer advertising or other promotional materials, or both. (D) Direct communications with the consumer at the time of purchase. (c) Paragraph (4) of subdivision (b) does not apply to a retailer that only sells prepaid cell phones and does not provide the ability for a consumer to sign a contract for cell phone service. (Added by Stats. 2004, Ch. 891, Sec. 1. Effective January 1, 2005. Inoperative September 30, 2027, pursuant to Section 42499.5. Repealed as of January 1, 2028, pursuant to Section 42499.5.)
  170. 42495.

    ## 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 8.7. Cell Phone Recycling Act of 2004 [42490 - 42499.5] ( Heading of Chapter 8.7 renumbered from Chapter 8.6 by Stats. 2023, Ch. 704, Sec. 2. ) ## ARTICLE 3. Cell Phone Recycling [42494 - 42495] ( Article 3 added by Stats. 2004, Ch. 891, Sec. 1. )

    Verify source ↗

    A retailer may not sell a cell phone to a consumer in this state on or after July 1, 2006 unless the retailer complies with this chapter.

    ## 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 8.7. Cell Phone Recycling Act of 2004 [42490 - 42499.5] ( Heading of Chapter 8.7 renumbered from Chapter 8.6 by Stats. 2023, Ch. 704, Sec. 2. ) ## ARTICLE 3. Cell Phone Recycling [42494 - 42495] ( Article 3 added by Stats. 2004, Ch. 891, Sec. 1. ) ## 42495. On and after July 1, 2006, it is unlawful to sell a cell phone to a consumer in this state unless the retailer of that cell phone complies with this chapter. (Added by Stats. 2004, Ch. 891, Sec. 1. Effective January 1, 2005. Inoperative September 30, 2027, pursuant to Section 42499.5. Repealed as of January 1, 2028, pursuant to Section 42499.5.)
  171. 42496.4.

    ## 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 8.7. Cell Phone Recycling Act of 2004 [42490 - 42499.5] ( Heading of Chapter 8.7 renumbered from Chapter 8.6 by Stats. 2023, Ch. 704, Sec. 2. ) ## ARTICLE 4. Statewide Recycling Goals [42496.4- 42496.4.] ( Article 4 added by Stats. 2004, Ch. 891, Sec. 1. )

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    The department must post an estimated California recycling rate for cell phones on its website every July 1 starting July 1, 2007.

    ## 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 8.7. Cell Phone Recycling Act of 2004 [42490 - 42499.5] ( Heading of Chapter 8.7 renumbered from Chapter 8.6 by Stats. 2023, Ch. 704, Sec. 2. ) ## ARTICLE 4. Statewide Recycling Goals [42496.4- 42496.4.] ( Article 4 added by Stats. 2004, Ch. 891, Sec. 1. ) ## 42496.4. On July 1, 2007, and each July 1, thereafter, the department shall post on its Web site an estimated California recycling rate for cell phones, the numerator of which shall be the estimated number of cell phones returned for recycling in California during the previous calendar year, and the denominator of which is the number of cell phones estimated to be sold in this state during the previous calendar year. (Added by Stats. 2004, Ch. 891, Sec. 1. Effective January 1, 2005. Inoperative September 30, 2027, pursuant to Section 42499.5. Repealed as of January 1, 2028, pursuant to Section 42499.5.)
  172. 42498.

    ## 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 8.7. Cell Phone Recycling Act of 2004 [42490 - 42499.5] ( Heading of Chapter 8.7 renumbered from Chapter 8.6 by Stats. 2023, Ch. 704, Sec. 2. ) ## ARTICLE 5. State Agency Procurement [42498- 42498.] ( Article 5 added by Stats. 2004, Ch. 891, Sec. 1. )

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    State agencies buying or leasing cell phones must require bidders to certify compliance with the chapter or show it does not apply, with limited credit-card exemptions.

    ## 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 8.7. Cell Phone Recycling Act of 2004 [42490 - 42499.5] ( Heading of Chapter 8.7 renumbered from Chapter 8.6 by Stats. 2023, Ch. 704, Sec. 2. ) ## ARTICLE 5. State Agency Procurement [42498- 42498.] ( Article 5 added by Stats. 2004, Ch. 891, Sec. 1. ) ## 42498. (a) (1) A state agency that purchases or leases cell phones shall require each prospective bidder, to certify that it, and its agents, subsidiaries, partners, joint venturers, and subcontractors for the procurement, have complied with this chapter and any regulations adopted pursuant to this chapter, or to demonstrate that this chapter is inapplicable to all lines of business engaged in by the bidder, its agents, subsidiaries, partners, joint venturers, or subcontractors. (2) The certification requirement set forth in paragraph (1) does not apply to a credit card purchase of goods of two thousand five hundred dollars ($2,500) or less. The total amount of exemption authorized herein shall not exceed seven thousand five hundred dollars ($7,500) per year for each company from which a state agency is purchasing goods by credit card. It shall be the responsibility of each state agency to monitor the use of this exemption and adhere to these restrictions on these purchases. (b) Failure to provide certification pursuant to this section shall render the prospective bidder and its agents, subsidiaries, partners, joint venturers, and subcontractors ineligible to bid on the procurement of cell phones. (c) The bid solicitation documents shall specify that the prospective bidder is required to cooperate fully in providing reasonable access to its records and documents that evidence compliance with this chapter. (d) Any person awarded a contract by a state agency that is found to be in violation of this section is subject to the following sanctions: (1) The contract shall be voided by the state agency to which the equipment, materials, or supplies were provided. (2) The contractor is ineligible to bid on any state contract for a period of three years. (3) If the Attorney General establishes in the name of the people of the State of California that any money, property, or benefit was obtained by a contractor as a result of violating this section, the court may, in addition to any other remedy, order the disgorgement of the unlawfully obtained money, property, or benefit in the interest of justice. (Amended by Stats. 2005, Ch. 381, Sec. 10. Effective January 1, 2006. Inoperative September 30, 2027, pursuant to Section 42499.5. Repealed as of January 1, 2028, pursuant to Section 42499.5.)
  173. 42499.

    ## 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 8.7. Cell Phone Recycling Act of 2004 [42490 - 42499.5] ( Heading of Chapter 8.7 renumbered from Chapter 8.6 by Stats. 2023, Ch. 704, Sec. 2. ) ## ARTICLE 6. Effect of Act [42499- 42499.] ( Article 6 added by Stats. 2004, Ch. 891, Sec. 1. )

    Verify source ↗

    This chapter must not be read as affecting certain Health and Safety Code rules or obligations about cell phones or used cell phones.

    ## 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 8.7. Cell Phone Recycling Act of 2004 [42490 - 42499.5] ( Heading of Chapter 8.7 renumbered from Chapter 8.6 by Stats. 2023, Ch. 704, Sec. 2. ) ## ARTICLE 6. Effect of Act [42499- 42499.] ( Article 6 added by Stats. 2004, Ch. 891, Sec. 1. ) ## 42499. This chapter shall not be construed to affect Chapter 6.5 (commencing with Section 25100) of Division 20 of the Health and Safety Code, any regulation adopted pursuant to that chapter, or any obligation imposed on a person pursuant to that chapter, relating to cell phones or used cell phones. (Added by Stats. 2004, Ch. 891, Sec. 1. Effective January 1, 2005. Inoperative September 30, 2027, pursuant to Section 42499.5. Repealed as of January 1, 2028, pursuant to Section 42499.5.)
  174. 42499.5.

    ## 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 8.7. Cell Phone Recycling Act of 2004 [42490 - 42499.5] ( Heading of Chapter 8.7 renumbered from Chapter 8.6 by Stats. 2023, Ch. 704, Sec. 2. ) ## ARTICLE 7. Repeal [42499.5- 42499.5.] ( Article 7 added by Stats. 2022, Ch. 351, Sec. 3. )

    Verify source ↗

    This chapter becomes inoperative on September 30, 2027, and is repealed on January 1, 2028.

    ## 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 8.7. Cell Phone Recycling Act of 2004 [42490 - 42499.5] ( Heading of Chapter 8.7 renumbered from Chapter 8.6 by Stats. 2023, Ch. 704, Sec. 2. ) ## ARTICLE 7. Repeal [42499.5- 42499.5.] ( Article 7 added by Stats. 2022, Ch. 351, Sec. 3. ) ## 42499.5. This chapter shall become inoperative on September 30, 2027, and, as of January 1, 2028, is repealed. (Added by Stats. 2022, Ch. 351, Sec. 3. (AB 2440) Effective January 1, 2023. Repealed as of January 1, 2028, by its own provisions. Note: Repeal affects Ch. 8.7, commencing with Section 42490.)
  175. 42500.

    ## 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 9. Technical Assistance Program [42500 - 42540] ( Chapter 9 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## ARTICLE 1. Enforcement Agency Training and Assistance [42500 - 42501] ( Article 1 added by Stats. 1989, Ch. 1096, Sec. 2. )

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    The board must provide periodic training to enforcement agencies about regulatory changes, new landfill technologies, and related matters, with special attention to certain cities and counties.

    ## 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 9. Technical Assistance Program [42500 - 42540] ( Chapter 9 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## ARTICLE 1. Enforcement Agency Training and Assistance [42500 - 42501] ( Article 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## 42500. The board shall provide periodic training to enforcement agencies regarding changes in state or federal regulations, new technologies affecting solid waste landfill operations, and other matters which will enhance the enforcement agencies’ ability to carry out their enforcement responsibilities. In providing that training, the board shall pay particular attention to cities and counties which meet the criteria specified in Section 41782. (Amended by Stats. 1992, Ch. 1035, Sec. 2. Effective January 1, 1993.)
  176. 42501.

    ## 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 9. Technical Assistance Program [42500 - 42540] ( Chapter 9 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## ARTICLE 1. Enforcement Agency Training and Assistance [42500 - 42501] ( Article 1 added by Stats. 1989, Ch. 1096, Sec. 2. )

    Verify source ↗

    The board must provide ongoing technical assistance and guidance to enforcement 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 9. Technical Assistance Program [42500 - 42540] ( Chapter 9 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## ARTICLE 1. Enforcement Agency Training and Assistance [42500 - 42501] ( Article 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## 42501. (a) The board shall provide ongoing technical assistance and guidance to enforcement agencies to assist in their decisionmaking processes. This assistance shall include, but is not limited to, providing all of the following: (1) Technical studies and reports. (2) Copies of innovative facility operation plans. (3) Investigative findings and analyses of new waste management practices and procedures. (b) In providing that assistance, the board shall pay particular attention to cities and counties which meet the criteria specified in Section 41782. (Amended by Stats. 1992, Ch. 1035, Sec. 3. Effective January 1, 1993.)
  177. 4251.

    ## 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 2. Hazardous Fire Areas [4251 - 4290.5] ( Chapter 2 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    This section defines “hazardous fire area” as any area designated by the board or the director under Sections 4252 or 4253.

    ## 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 2. Hazardous Fire Areas [4251 - 4290.5] ( Chapter 2 added by Stats. 1965, Ch. 1144. ) ## 4251. As used in this chapter: “Hazardous fire area” means any area which is designated as a hazardous fire area by the board or the director pursuant to Section 4252 or 4253. (Amended by Stats. 1976, Ch. 1300.)
  178. 42510.

    ## 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 9. Technical Assistance Program [42500 - 42540] ( Chapter 9 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## ARTICLE 2. Nonyard Wood Waste Disposal Minimization [42510 - 42511] ( Article 2 repealed and added by Stats. 1991, Ch. 717, Sec. 14. )

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    This section says actions under the article should help cities and counties, preserve disposal site capacity, and support revenue from processed wood waste markets. Those actions must be kept separate from the Section 41780 diversion requirements and cannot count toward 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 9. Technical Assistance Program [42500 - 42540] ( Chapter 9 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## ARTICLE 2. Nonyard Wood Waste Disposal Minimization [42510 - 42511] ( Article 2 repealed and added by Stats. 1991, Ch. 717, Sec. 14. ) ## 42510. It is the intent of the Legislature that actions taken by the department and cities and counties pursuant to this article serve in the best interests of cities and counties by preserving existing disposal site capacity and providing a source of revenue from the stabilization and expansion of markets for processed wood waste materials. Actions taken pursuant to this article shall be separate from, and not be counted toward, the diversion requirements established pursuant to paragraphs (1) and (2) of subdivision (a) of Section 41780. (Amended by Stats. 2022, Ch. 342, Sec. 7. (AB 1857) Effective January 1, 2023.)
  179. 42511.

    ## 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 9. Technical Assistance Program [42500 - 42540] ( Chapter 9 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## ARTICLE 2. Nonyard Wood Waste Disposal Minimization [42510 - 42511] ( Article 2 repealed and added by Stats. 1991, Ch. 717, Sec. 14. )

    Verify source ↗

    The board must assist cities and counties with diverting certain nonyard wood waste for fuel use, subject to permit and consistency conditions.

    ## 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 9. Technical Assistance Program [42500 - 42540] ( Chapter 9 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## ARTICLE 2. Nonyard Wood Waste Disposal Minimization [42510 - 42511] ( Article 2 repealed and added by Stats. 1991, Ch. 717, Sec. 14. ) ## 42511. The board shall assist cities and counties to divert nonyard wood wastes which cannot otherwise feasibly be reduced, recycled, or composted, for processing and utilization as a fuel resource, provided that the facilities which use the nonyard wood waste as a fuel resource have obtained any necessary permits which allow the use of those materials as a fuel and to the extent the diversion is consistent with the hierarchy set forth in Section 40051. (Repealed and added by Stats. 1991, Ch. 717, Sec. 14.)
  180. 4252.

    ## 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 2. Hazardous Fire Areas [4251 - 4290.5] ( Chapter 2 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    If owners or authorized agents of more than 50% of the land in a qualifying area file a written petition, the board may designate the area as a hazardous fire area and must declare the designation 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 2. Hazardous Fire Areas [4251 - 4290.5] ( Chapter 2 added by Stats. 1965, Ch. 1144. ) ## 4252. Upon the written petition of the owners or authorized agents of more than 50 percent of the land, including public land, within the exterior boundaries of any area of not less than 10,000 acres in size, upon which a fire hazard exists due to the presence of flammable material or cover, the board may designate such area as a hazardous fire area, and shall declare the period of time during which the area shall be so designated. (Added by Stats. 1965, Ch. 1144.)
  181. 42520.

    ## 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 9. Technical Assistance Program [42500 - 42540] ( Chapter 9 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## ARTICLE 3. Plastic Recycling Assistance [42520- 42520.] ( Article 3 added by Stats. 1989, Ch. 1096, Sec. 2. )

    Verify source ↗

    The board must establish a Plastics Recycling Information Clearinghouse.

    ## 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 9. Technical Assistance Program [42500 - 42540] ( Chapter 9 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## ARTICLE 3. Plastic Recycling Assistance [42520- 42520.] ( Article 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## 42520. The board shall establish a Plastics Recycling Information Clearinghouse. This clearinghouse shall provide information to postconsumer plastics collectors, reprocessors, and recyclers about programs collecting postconsumer plastics, availability of postconsumer plastics, and recent advances in postconsumer plastics recycling technology. (Amended by Stats. 1996, Ch. 1038, Sec. 24. Effective September 29, 1996.)
  182. 4253.

    ## 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 2. Hazardous Fire Areas [4251 - 4290.5] ( Chapter 2 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    If the director finds a fire hazard in another area because of flammable material or cover, the director may designate it as a hazardous fire area by regulation.

    ## 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 2. Hazardous Fire Areas [4251 - 4290.5] ( Chapter 2 added by Stats. 1965, Ch. 1144. ) ## 4253. When the director determines that a fire hazard exists in any other area due to the presence of flammable material or cover, the director may by regulation designate the area to be a hazardous fire area. The regulation shall declare the period of time during which the area shall be designated. (Amended by Stats. 2021, Ch. 133, Sec. 65. (SB 272) Effective July 23, 2021.)
  183. 4254.

    ## 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 2. Hazardous Fire Areas [4251 - 4290.5] ( Chapter 2 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    Notice of each hazardous fire area must be posted at intervals of no more than one mile along its exterior boundaries or along roads and trails through the 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 2. Hazardous Fire Areas [4251 - 4290.5] ( Chapter 2 added by Stats. 1965, Ch. 1144. ) ## 4254. Notice of the designation of each hazardous fire area designated pursuant to Section 4252 shall be given by the posting of notices at intervals of not greater than one mile along the exterior boundaries of the area or along roads and trails passing through the area. (Amended by Stats. 1981, Ch. 1073, Sec. 1.)
  184. 42540.

    ## 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 9. Technical Assistance Program [42500 - 42540] ( Chapter 9 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## ARTICLE 5. City and County Integrated Waste Management Plans [42540- 42540.] ( Article 5 added by Stats. 1989, Ch. 1096, Sec. 2. )

    Verify source ↗

    The board must provide technical assistance to counties and cities for local waste management planning and implementation.

    ## 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 9. Technical Assistance Program [42500 - 42540] ( Chapter 9 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## ARTICLE 5. City and County Integrated Waste Management Plans [42540- 42540.] ( Article 5 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## 42540. The board shall provide technical assistance to counties and cities to assist in development, revision, amendment, and implementation of local city source reduction and recycling elements and countywide integrated waste management plans. Assistance rendered, at the discretion of the board, includes, but is not limited to, all of the following: (a) Developing regulations for the implementation of the city source reduction and recycling elements and the countywide integrated waste management plans. (b) Conducting waste characterization studies on a city, county, district, regional, or statewide basis, or any combination thereof. (c) Developing annual baseline data for measurement of the effectiveness of local plans in achieving statewide goals. (d) Conducting studies on issues or problems that impact the ability of local government, the state, or business and industry in achieving individual or collective goals for integrated waste management. (e) Developing mechanisms to implement market development recommendations recommended by the board. (f) Providing technical and general information deemed appropriate to assist state and local governments achieve the objectives of integrated waste management elements and plans. (Added by Stats. 1989, Ch. 1096, Sec. 2.)
  185. 4255.

    ## 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 2. Hazardous Fire Areas [4251 - 4290.5] ( Chapter 2 added by Stats. 1965, Ch. 1144. )

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    A person may not smoke or build a campfire or other open fire in a hazardous fire area, except as this section allows.

    ## 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 2. Hazardous Fire Areas [4251 - 4290.5] ( Chapter 2 added by Stats. 1965, Ch. 1144. ) ## 4255. (a) Except as provided in this section, a person shall not smoke or build a campfire or other open fire within a hazardous fire area. (b) The board may designate by regulation campgrounds or campsites within hazardous fire areas where smoking and the building of campfires are allowed. However, no campground or campsite shall be designated without the consent of the owner, or the owner’s authorized agent, of the land upon which it is located. (Amended by Stats. 2021, Ch. 133, Sec. 66. (SB 272) Effective July 23, 2021.)
  186. 42550.

    ## 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 9.5. Telephone Directory Recycling [42550 - 42558] ( Chapter 9.5 added by Stats. 1991, Ch. 1066, Sec. 2. ) ## ARTICLE 1. Telephone Directory Recycling Goals [42550 - 42556] ( Article 1 added by Stats. 1991, Ch. 1066, Sec. 2. )

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    This section defines “telephone directory” for this chapter.

    ## 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 9.5. Telephone Directory Recycling [42550 - 42558] ( Chapter 9.5 added by Stats. 1991, Ch. 1066, Sec. 2. ) ## ARTICLE 1. Telephone Directory Recycling Goals [42550 - 42556] ( Article 1 added by Stats. 1991, Ch. 1066, Sec. 2. ) ## 42550. For purposes of this chapter, “telephone directory” means a directory which lists the calling numbers of telephones located in this state of which 1,000 or more copies are distributed to the general public. (Added by Stats. 1991, Ch. 1066, Sec. 2.)
  187. 42551.

    ## 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 9.5. Telephone Directory Recycling [42550 - 42558] ( Chapter 9.5 added by Stats. 1991, Ch. 1066, Sec. 2. ) ## ARTICLE 1. Telephone Directory Recycling Goals [42550 - 42556] ( Article 1 added by Stats. 1991, Ch. 1066, Sec. 2. )

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    The board must study whether telephone directories should be made from materials that maximize recycling, consult publishers and recycling operators, and use public hearings and workshops for public comment. It may also create an advisory board.

    ## 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 9.5. Telephone Directory Recycling [42550 - 42558] ( Chapter 9.5 added by Stats. 1991, Ch. 1066, Sec. 2. ) ## ARTICLE 1. Telephone Directory Recycling Goals [42550 - 42556] ( Article 1 added by Stats. 1991, Ch. 1066, Sec. 2. ) ## 42551. The board shall conduct a study of the feasibility of requiring that all telephone directories issued or sold in this state be made of materials that will allow for the maximum volume of directories to be recycled. The board shall consult with representatives of telephone directory publishers, including the Yellow Pages Publishers Association, as well as representatives of recycling operators. The board shall make use of public hearings and workshops as a means of providing an opportunity for public comment. The board may create an advisory board consisting of members representing telephone directory publishers, recycling operators, and other interested parties. (Added by Stats. 1991, Ch. 1066, Sec. 2.)
  188. 42553.

    ## 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 9.5. Telephone Directory Recycling [42550 - 42558] ( Chapter 9.5 added by Stats. 1991, Ch. 1066, Sec. 2. ) ## ARTICLE 1. Telephone Directory Recycling Goals [42550 - 42556] ( Article 1 added by Stats. 1991, Ch. 1066, Sec. 2. )

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    Section 42553 says Article 2 starts operating only if a required report makes an affirmative finding about the feasibility of recyclable telephone directories without materially reducing durability or materially increasing production 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 9.5. Telephone Directory Recycling [42550 - 42558] ( Chapter 9.5 added by Stats. 1991, Ch. 1066, Sec. 2. ) ## ARTICLE 1. Telephone Directory Recycling Goals [42550 - 42556] ( Article 1 added by Stats. 1991, Ch. 1066, Sec. 2. ) ## 42553. Article 2 (commencing with Section 42557) shall become operative only if the report required in former Section 42552, as added by Chapter 1066 of the Statutes of 1991, contains an affirmative finding regarding the feasibility of producing recyclable telephone directories without significantly reducing the durability of the directories nor significantly increasing production costs. (Amended by Stats. 2004, Ch. 193, Sec. 171. Effective January 1, 2005.)
  189. 42554.

    ## 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 9.5. Telephone Directory Recycling [42550 - 42558] ( Chapter 9.5 added by Stats. 1991, Ch. 1066, Sec. 2. ) ## ARTICLE 1. Telephone Directory Recycling Goals [42550 - 42556] ( Article 1 added by Stats. 1991, Ch. 1066, Sec. 2. )

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    This section states California’s recycling goals for telephone directories distributed in the state.

    ## 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 9.5. Telephone Directory Recycling [42550 - 42558] ( Chapter 9.5 added by Stats. 1991, Ch. 1066, Sec. 2. ) ## ARTICLE 1. Telephone Directory Recycling Goals [42550 - 42556] ( Article 1 added by Stats. 1991, Ch. 1066, Sec. 2. ) ## 42554. It is the goal of this state that not less than 30 percent of telephone directories distributed in this state be recycled on and after January 1, 1994, that 35 percent of telephone directories distributed in this state be recycled on and after January 1, 1996, that 40 percent of telephone directories distributed in this state be recycled on and after January 1, 1998, and that 50 percent of telephone directories distributed in this state be recycled on and after January 1, 2000. (Added by Stats. 1991, Ch. 1066, Sec. 2.)
  190. 42555.

    ## 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 9.5. Telephone Directory Recycling [42550 - 42558] ( Chapter 9.5 added by Stats. 1991, Ch. 1066, Sec. 2. ) ## ARTICLE 1. Telephone Directory Recycling Goals [42550 - 42556] ( Article 1 added by Stats. 1991, Ch. 1066, Sec. 2. )

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    If the board finds the Section 42554 goals are not being met by January 1, 1995, it must recommend strategies to the Legislature by January 1, 1996.

    ## 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 9.5. Telephone Directory Recycling [42550 - 42558] ( Chapter 9.5 added by Stats. 1991, Ch. 1066, Sec. 2. ) ## ARTICLE 1. Telephone Directory Recycling Goals [42550 - 42556] ( Article 1 added by Stats. 1991, Ch. 1066, Sec. 2. ) ## 42555. If the board determines that the policy goals established by Section 42554 are not being met by January 1, 1995, the board shall make recommendations to the Legislature, on or before January 1, 1996, on strategies for meeting the goals established in Section 42554. (Added by Stats. 1991, Ch. 1066, Sec. 2.)
  191. 42556.

    ## 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 9.5. Telephone Directory Recycling [42550 - 42558] ( Chapter 9.5 added by Stats. 1991, Ch. 1066, Sec. 2. ) ## ARTICLE 1. Telephone Directory Recycling Goals [42550 - 42556] ( Article 1 added by Stats. 1991, Ch. 1066, Sec. 2. )

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    If the board finds by January 1, 1999 that the policy goals are not being met, it must make recommendations to the Legislature by January 1, 2000 on strategies to meet those goals.

    ## 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 9.5. Telephone Directory Recycling [42550 - 42558] ( Chapter 9.5 added by Stats. 1991, Ch. 1066, Sec. 2. ) ## ARTICLE 1. Telephone Directory Recycling Goals [42550 - 42556] ( Article 1 added by Stats. 1991, Ch. 1066, Sec. 2. ) ## 42556. If the board determines that the policy goals established by Section 42554 are not being met by January 1, 1999, the board shall make recommendations to the Legislature, on or before January 1, 2000, on strategies for meeting the goals established in Section 42554. (Added by Stats. 1991, Ch. 1066, Sec. 2.)
  192. 42557.

    ## 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 9.5. Telephone Directory Recycling [42550 - 42558] ( Chapter 9.5 added by Stats. 1991, Ch. 1066, Sec. 2. ) ## ARTICLE 2. Recyclable Telephone Directories [42557 - 42558] ( Article 2 added by Stats. 1991, Ch. 1066, Sec. 2. )

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    Telephone directories distributed in the state must be made from materials that allow the maximum possible recycling, as determined by the board.

    ## 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 9.5. Telephone Directory Recycling [42550 - 42558] ( Chapter 9.5 added by Stats. 1991, Ch. 1066, Sec. 2. ) ## ARTICLE 2. Recyclable Telephone Directories [42557 - 42558] ( Article 2 added by Stats. 1991, Ch. 1066, Sec. 2. ) ## 42557. On and after January 1, 1995, all telephone directories distributed within the state shall be made from materials that will allow for the maximum volume of directories to be recycled, as determined by the board. If reasonably feasible, it is the goal of this state that existing waste paper recyclers make an effort to accept telephone directories for recycling. (Added by Stats. 1991, Ch. 1066, Sec. 2. Section (as part of Article 2) conditionally operative as prescribed in Section 42553.)
  193. 42558.

    ## 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 9.5. Telephone Directory Recycling [42550 - 42558] ( Chapter 9.5 added by Stats. 1991, Ch. 1066, Sec. 2. ) ## ARTICLE 2. Recyclable Telephone Directories [42557 - 42558] ( Article 2 added by Stats. 1991, Ch. 1066, Sec. 2. )

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    The board must adopt general guidelines for materials used in recyclable telephone directories.

    ## 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 9.5. Telephone Directory Recycling [42550 - 42558] ( Chapter 9.5 added by Stats. 1991, Ch. 1066, Sec. 2. ) ## ARTICLE 2. Recyclable Telephone Directories [42557 - 42558] ( Article 2 added by Stats. 1991, Ch. 1066, Sec. 2. ) ## 42558. For the purposes of implementing and enforcing this chapter, the board shall adopt general guidelines regarding the materials which may be used in the production of telephone directories which can and will be recycled. The guidelines shall be reviewed and promptly updated, as necessary, in order to avoid delay in the introduction of new materials or new recycling processes which will advance efforts to recycle telephone directories. (Added by Stats. 1991, Ch. 1066, Sec. 2. Section (as part of Article 2) conditionally operative as prescribed in Section 42553.)
  194. 4256.

    ## 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 2. Hazardous Fire Areas [4251 - 4290.5] ( Chapter 2 added by Stats. 1965, Ch. 1144. )

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    The director may close lands in a hazardous fire area to entry when needed for public peace or safety, if the owner consents. Public highways are excluded, and owners, their agents, and officers acting officially may still enter or use the land. State and county law enforcement officers must enforce the closure.

    ## 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 2. Hazardous Fire Areas [4251 - 4290.5] ( Chapter 2 added by Stats. 1965, Ch. 1144. ) ## 4256. When it is necessary in the interest of public peace or safety, the director, with the consent of the owner of any lands designated as a hazardous fire area, may declare those lands closed to entry by any person. Any public highway traversing the hazardous fire area, shall, however, be excluded from the order of closure, and the closure to entry does not prohibit or curtail the entry or use of the lands by the owner of the lands or the owner’s agent, nor the entry by a federal, state or county officer upon the closed area in the performance of their official duties. All state and county law enforcement officers shall enforce the order of closure. (Amended by Stats. 2021, Ch. 133, Sec. 67. (SB 272) Effective July 23, 2021.)
  195. 42560.

    ## 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 10. Office Paper Recovery Program [42560 - 42562] ( Chapter 10 added by Stats. 1989, Ch. 1096, Sec. 2. )

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    This section defines “Recycled-content high grade, bleached printing and writing papers” and lists the paper types included.

    ## 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 10. Office Paper Recovery Program [42560 - 42562] ( Chapter 10 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## 42560. “Recycled-content high grade, bleached printing and writing papers” means any of the following papers: (a) Offset printing, mimeograph, and duplicator paper. (b) Stationery, bond, and office paper. (c) High-speed copier paper. (d) Envelopes without plastic address windows. (e) Form bond, including computer paper and carbonless forms. (f) Book papers. (g) Ledger, cover stock, and cotton fiber papers having a secondary wastepaper, as defined in Section 42204, or postconsumer wastepaper, as defined in Section 42203, content of at least 50 percent by weight. (Added by Stats. 1989, Ch. 1096, Sec. 2.)
  196. 42561.

    ## 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 10. Office Paper Recovery Program [42560 - 42562] ( Chapter 10 added by Stats. 1989, Ch. 1096, Sec. 2. )

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    The board must start a high grade white office paper recovery assistance program by January 1, 1991.

    ## 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 10. Office Paper Recovery Program [42560 - 42562] ( Chapter 10 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## 42561. On or before January 1, 1991, the board shall initiate a high grade white office paper recovery assistance program for state and local agencies and private businesses. (Added by Stats. 1989, Ch. 1096, Sec. 2.)
  197. 42562.

    ## 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 10. Office Paper Recovery Program [42560 - 42562] ( Chapter 10 added by Stats. 1989, Ch. 1096, Sec. 2. )

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    The high grade white office paper recovery assistance program must include specified training, information, collection, storage, and market-support elements.

    ## 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 10. Office Paper Recovery Program [42560 - 42562] ( Chapter 10 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## 42562. The high grade white office paper recovery assistance program shall include the following elements: (a) Staff training materials designed to provide training to local program coordinators and instruction to personnel of state and local agencies and private businesses who would participate in high grade white office paper recovery programs. (b) Public information materials designed to provide initial program startup support and periodic reinforcement to high grade white office paper recovery programs. (c) Desk top collection containers designed for use by personnel within the office setting. (d) Metal collection bins that meet State Fire Marshal’s standards for overnight storage of flammable materials for use in intermediate storage of recovered paper. (e) Staff assistance from the board to identify markets for collected materials, including model contracts for negotiation with local paper brokers. (Added by Stats. 1989, Ch. 1096, Sec. 2.)
  198. 4257.

    ## 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 2. Hazardous Fire Areas [4251 - 4290.5] ( Chapter 2 added by Stats. 1965, Ch. 1144. )

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    Orders issued under Section 4256 must be published twice in a local newspaper and posted in designated public places, roads, and trails.

    ## 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 2. Hazardous Fire Areas [4251 - 4290.5] ( Chapter 2 added by Stats. 1965, Ch. 1144. ) ## 4257. Any order which is issued pursuant to Section 4256 shall be published twice in at least one newspaper of general circulation in any county that is affected by the order. The publication shall be separated by a period of not less than one week and not more than two weeks. The order shall also be posted in such public places in each county as the director may direct, and along roads and trails which pass through the areas declared to be closed to camping or entry. (Added by Stats. 1965, Ch. 1144.)
  199. 4258.

    ## 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 2. Hazardous Fire Areas [4251 - 4290.5] ( Chapter 2 added by Stats. 1965, Ch. 1144. )

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    The director may, by regulation, designate certain fire-hazard areas and may also allow specified fireworks uses in some areas.

    ## 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 2. Hazardous Fire Areas [4251 - 4290.5] ( Chapter 2 added by Stats. 1965, Ch. 1144. ) ## 4258. Whenever the director determines that a fire hazard exists in any area within a state responsibility area due to the presence of flammable material or cover, the director, by regulation, may designate that area as a hazardous fire area for the purpose of prohibiting the use or possession of fireworks therein. The hazardous fire area shall include only those areas that are critical and hazardous due to the threat of wildfire to life, property, and natural resources posed by the fireworks. The hazardous fire area shall not include areas that are the responsibility of a county which is contracting for fire protection to the director. The regulation may designate areas where specified types of fireworks, not otherwise prohibited, are allowed for industrial, commercial, or agricultural use, for ceremonies, or for emergency signaling. (Added by Stats. 1981, Ch. 1073, Sec. 3.)
  200. 4259.

    ## 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 2. Hazardous Fire Areas [4251 - 4290.5] ( Chapter 2 added by Stats. 1965, Ch. 1144. )

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    Fireworks are generally prohibited in hazardous fire areas, with limited exceptions for director-approved use and for possession in a vehicle on a public highway through such an area when otherwise allowed.

    ## 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 2. Hazardous Fire Areas [4251 - 4290.5] ( Chapter 2 added by Stats. 1965, Ch. 1144. ) ## 4259. (a) The use or possession of fireworks is prohibited within any hazardous fire area designated pursuant to Section 4252 or 4258. However, the use of fireworks within any hazardous fire area may be allowed, if the use is determined by the director not to present a fire hazard. (b) Notwithstanding subdivision (a), fireworks may be possessed in a vehicle on any public highway traversing a hazardous fire area when not otherwise prohibited. (Added by Stats. 1981, Ch. 1073, Sec. 4.)

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