Public Resources Code — Part 23 | PRC — United States — California law | Esheria

Public Resources Code

Part 23 of 41 · provisions 4,401–4,600

This act is named the Public Resources Code.

Jurisdiction
United States — California
Instrument
Code
Citation
PRC
Version
Undated source snapshot
Language
en
Official source
View official record ↗
Complete work
View statute overview
ASTM standards Article title CEQA exceptions CEQA guidelines CEQA mitigation Commercial solid waste recycling Confidentiality Conservation Diablo Canyon powerplant EV charging infrastructure Geodesy Greenhouse gas emissions LEED certification NEPA-linked projects Orthometric heights PACE PACE bonds PACE financing PACE program PACE program applications PACE program eligibility PACE reserve program PACE risk mitigation PET beverage containers +7,596 more

Statute overview

About this statute

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.

Read the provisions Ask with citations

Legal text

Provisions of Public Resources Code

Showing 200 of 8,095

  1. 42966.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 19. Tire Hauler Registration [42950 - 42967] ( Chapter 19 added by Stats. 1993, Ch. 511, Sec. 2. ) ## ARTICLE 6. Administration [42966 - 42967] ( Article 6 added by Stats. 1993, Ch. 511, Sec. 2. )

    Verify source ↗

    The department must administer this chapter and initially adopt emergency regulations as soon as possible. It may also adopt other regulations needed to carry out the 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 19. Tire Hauler Registration [42950 - 42967] ( Chapter 19 added by Stats. 1993, Ch. 511, Sec. 2. ) ## ARTICLE 6. Administration [42966 - 42967] ( Article 6 added by Stats. 1993, Ch. 511, Sec. 2. ) ## 42966. The department shall administer this chapter. The department may adopt any regulations necessary or useful to carry out this chapter or any of the department’s duties or responsibilities imposed pursuant to this chapter. The department shall initially, as soon as possible, adopt emergency regulations 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 the 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 safety, and general welfare. Emergency regulations adopted pursuant to this section shall remain in effect for a period not to exceed 120 days. (Amended by Stats. 2022, Ch. 542, Sec. 12. (SB 1181) Effective January 1, 2023.)
  2. 42967.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 19. Tire Hauler Registration [42950 - 42967] ( Chapter 19 added by Stats. 1993, Ch. 511, Sec. 2. ) ## ARTICLE 6. Administration [42966 - 42967] ( Article 6 added by Stats. 1993, Ch. 511, Sec. 2. )

    Verify source ↗

    The costs of administering this chapter are paid from fees in the California Tire Recycling Management Fund, and the department may propose an alternative fee system.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 19. Tire Hauler Registration [42950 - 42967] ( Chapter 19 added by Stats. 1993, Ch. 511, Sec. 2. ) ## ARTICLE 6. Administration [42966 - 42967] ( Article 6 added by Stats. 1993, Ch. 511, Sec. 2. ) ## 42967. (a) The costs of administering this chapter shall be paid from fees deposited in the California Tire Recycling Management Fund pursuant to Section 42889. (b) The department may develop a legislative proposal for an alternative fee system for the payment of the costs of administering this chapter and submit that proposal to the Legislature for its consideration as part of the 1994–95 fiscal year budget review process. (Amended by Stats. 2022, Ch. 542, Sec. 13. (SB 1181) Effective January 1, 2023.)
  3. 42968.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 19.5. Carpet Producer Responsibility Program [42968 - 42968.80] ( Chapter 19.5 added by Stats. 2024, Ch. 675, Sec. 1. ) ## ARTICLE 1. Definitions and General Provisions [42968 - 42968.4] ( Article 1 added by Stats. 2024, Ch. 675, Sec. 1. )

    Verify source ↗

    This section defines key terms for the carpet producer responsibility 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 19.5. Carpet Producer Responsibility Program [42968 - 42968.80] ( Chapter 19.5 added by Stats. 2024, Ch. 675, Sec. 1. ) ## ARTICLE 1. Definitions and General Provisions [42968 - 42968.4] ( Article 1 added by Stats. 2024, Ch. 675, Sec. 1. ) ## 42968. For purposes of this chapter, the following definitions apply: (a) “Apprenticeship program” means a program approved by the Chief of the Division of Apprenticeship Standards for training apprentice and journey-level carpet installers in proper carpet installation, reuse, and recycling practices to maximize the chances of achieving the goals of the program. (b) “Approved collection site” means a solid waste facility that has agreed to be a collection site for the producer responsibility organization, as described in Section 42968.23. (c) “Authorized collector” means a person or entity that has entered into an agreement with the producer responsibility organization to collect covered products. (d) “Brand” means a name, symbol, word, or mark that identifies a covered product rather than its components, and attributes the covered product to the owner or licensee of the brand as the producer. (e) (1) “Carpet” means a floor or stair covering made from thick woven fabric that is used in residential buildings, commercial buildings, conventions, and events, including modular carpet tiles. (2) Carpet does not include area rugs that are 11 feet by 15 feet in size or smaller. (f) “Circular economy environmental nongovernmental organization” means a nonprofit organization established to promote a circular economy and to address environmental issues. (g) “Closed loop recycling” means recycling in which products or materials are reclaimed and returned to the original process or processes in which they were generated and they are reused in the production process. (h) “Consumer” means a purchaser, owner, or lessee of a covered product, including a person, business, corporation, limited partnership, nonprofit organization, or governmental entity. (i) (1) “Covered product” means carpet. (2) “Covered product” does not include carpet that meets the requirements in Section 42357 to be labeled “compostable.” (j) “Department” means the Department of Resources Recycling and Recovery. (k) “Permanent collection site” means a permanent location in the state where discarded covered product may be returned at no cost, by a consumer or another party on behalf of a consumer, to be reused, recycled, or otherwise managed. (l) “Postconsumer covered product” means a covered product that is no longer used for its manufactured purpose. (m) (1) “Postconsumer recycled content” means material derived from postconsumer covered product. (2) Postconsumer recycled content does not include material derived from recycled beverage containers, as defined in Section 14505. (n) “Processor” means a company that uses a process, including, but not limited to, shredding, grinding, sheering, or depolymerization, to convert discarded covered products into finished recycled output that is ready to be used as an input material for manufacturing products. (o) (1) “Producer” means a person who manufactures a covered product and who sells, offers for sale, or distributes a covered product in or into the state under that person’s own name or brand. (2) If there is no person in the state who is the producer for purposes of paragraph (1), the producer of the covered product is the owner or exclusive licensee of a brand or trademark under which the covered product is sold or distributed in or into the state, whether or not the trademark is registered. 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 product. (3) If there is no person in the state who is the producer for purposes of paragraph (1) or (2), then the producer of the covered product is the party that imports the covered product into the state for sale, distribution, or installation. (4) If there is no person in the state who is the producer for purposes of paragraph (1), (2), or (3), then the producer of the covered product is the distributor, wholesaler, or retailer who sells the product in or into the state. (p) “Producer responsibility organization” means either of the following: (1) An organization that is exempt from taxation under Section 501(c)(3) of the United States Internal Revenue Code of 1986, is formed for the purpose of implementing a producer responsibility plan to meet the requirements of this chapter, and is approved by the department pursuant to Section 42968.21. (2) A carpet stewardship organization, as defined in Section 42971. (q) “Producer responsibility plan” means the plan developed by the producer responsibility organization that complies with Section 42968.32 and is submitted to the department for approval pursuant to Section 42968.30. (r) (1) “Recycle” or “recycling” means the process of sorting, cleansing, treating, and reconstituting materials that would otherwise ultimately be disposed of onto land or into water or the atmosphere, and returning them to, or maintaining them within, the economic mainstream in the form of recovered material for new, reused, or reconstituted products that meet the quality standards necessary to be used in the marketplace. (2) “Recycle” or “recycling” does not include any of the following: (A) Combustion. (B) Incineration. (C) Energy generation. (D) Fuel production, except for anaerobic digestion of source separated organic materials. (E) Other forms of disposal. (3) To be considered recycled, covered products shall be sent to a responsible end market. (s) “Retailer” means a person who offers new covered products in a retail sale, as defined in Section 6007 of the Revenue and Taxation Code, including a retail sale through any means, including remote offerings such as sales outlets, catalogs, or an internet website, online marketplace, or other similar electronic means. (t) (1) “Sell” or “sale” means a transfer of title of a covered product for consideration, including a remote sale conducted through a sales outlet, catalog, or internet website, online marketplace, or similar electronic means. (2) “Sell” or “sale” includes a lease through which a covered product is provided to a consumer by a manufacturer, wholesaler, or retailer. (3) For the purposes of this chapter, the sale of a covered product shall be deemed to occur in the state if the covered product is delivered to the consumer in the state. (u) “Solid waste facility” means a solid waste facility, as defined in Section 40194, that accepts under its normal operating conditions covered materials for collection, storing, and handling, whether for recycling or disposal. (v) “Wholesaler” means a person who offers new covered product for sale in this state in a sale that is not a retail sale, as defined in Section 6007 of the Revenue and Taxation Code, and in which the covered product is intended to be resold. (Added by Stats. 2024, Ch. 675, Sec. 1. (AB 863) Effective January 1, 2025.)
  4. 42968.1.

    ## 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 19.5. Carpet Producer Responsibility Program [42968 - 42968.80] ( Chapter 19.5 added by Stats. 2024, Ch. 675, Sec. 1. ) ## ARTICLE 1. Definitions and General Provisions [42968 - 42968.4] ( Article 1 added by Stats. 2024, Ch. 675, Sec. 1. )

    Verify source ↗

    The department must adopt regulations to implement this chapter, and those regulations cannot have an effective date before December 31, 2026.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 19.5. Carpet Producer Responsibility Program [42968 - 42968.80] ( Chapter 19.5 added by Stats. 2024, Ch. 675, Sec. 1. ) ## ARTICLE 1. Definitions and General Provisions [42968 - 42968.4] ( Article 1 added by Stats. 2024, Ch. 675, Sec. 1. ) ## 42968.1. The department shall adopt regulations to implement this chapter in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The regulations shall have an effective date no earlier than December 31, 2026. (Added by Stats. 2024, Ch. 675, Sec. 1. (AB 863) Effective January 1, 2025.)
  5. 42968.2.

    ## 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 19.5. Carpet Producer Responsibility Program [42968 - 42968.80] ( Chapter 19.5 added by Stats. 2024, Ch. 675, Sec. 1. ) ## ARTICLE 1. Definitions and General Provisions [42968 - 42968.4] ( Article 1 added by Stats. 2024, Ch. 675, Sec. 1. )

    Verify source ↗

    CEQA does not apply to this chapter’s requirements.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 19.5. Carpet Producer Responsibility Program [42968 - 42968.80] ( Chapter 19.5 added by Stats. 2024, Ch. 675, Sec. 1. ) ## ARTICLE 1. Definitions and General Provisions [42968 - 42968.4] ( Article 1 added by Stats. 2024, Ch. 675, Sec. 1. ) ## 42968.2. Notwithstanding any other law, the California Environmental Quality Act (Division 13 (commencing with Section 21000)) shall not apply to the requirements of this chapter, including the adoption of a producer responsibility plan, the determination of whether the producer responsibility organization’s annual report is compliant, or the performance standards published by the department pursuant to Sections 42968.32 and 42968.34. (Added by Stats. 2024, Ch. 675, Sec. 1. (AB 863) Effective January 1, 2025.)
  6. 42968.20.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 19.5. Carpet Producer Responsibility Program [42968 - 42968.80] ( Chapter 19.5 added by Stats. 2024, Ch. 675, Sec. 1. ) ## ARTICLE 2. Producers and Producer Responsibility Organizations [42968.20 - 42968.24] ( Article 2 added by Stats. 2024, Ch. 675, Sec. 1. )

    Verify source ↗

    Producers must join and operate through a producer responsibility organization, set up a stewardship program, notify the department of intent to register within 30 days after regulations take effect, and follow the organization’s registration procedures.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 19.5. Carpet Producer Responsibility Program [42968 - 42968.80] ( Chapter 19.5 added by Stats. 2024, Ch. 675, Sec. 1. ) ## ARTICLE 2. Producers and Producer Responsibility Organizations [42968.20 - 42968.24] ( Article 2 added by Stats. 2024, Ch. 675, Sec. 1. ) ## 42968.20. (a) To comply with the requirements of this chapter, a producer shall establish and implement a stewardship program as part of a group of producers through membership in the producer responsibility organization. (b) No later than 30 days after the effective date of regulations, each producer or the producer responsibility organization on behalf of the producers it represents shall notify the department, in writing, that the producer intends to register with the producer responsibility organization, which will submit a producer responsibility plan to the department. (c) Each producer covered under the producer responsibility organization shall register with the producer responsibility organization in accordance with the procedures and requirements established by the producer responsibility organization and shall comply with those procedures and requirements. (Added by Stats. 2024, Ch. 675, Sec. 1. (AB 863) Effective January 1, 2025.)
  7. 42968.21.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 19.5. Carpet Producer Responsibility Program [42968 - 42968.80] ( Chapter 19.5 added by Stats. 2024, Ch. 675, Sec. 1. ) ## ARTICLE 2. Producers and Producer Responsibility Organizations [42968.20 - 42968.24] ( Article 2 added by Stats. 2024, Ch. 675, Sec. 1. )

    Verify source ↗

    The department must approve a producer responsibility organization if it meets the chapter’s requirements. Producers cannot sell, offer for sale, import, or distribute covered products in the state unless the listed conditions are met, and new producers after January 1, 2029 must join the organization before starting those activities.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 19.5. Carpet Producer Responsibility Program [42968 - 42968.80] ( Chapter 19.5 added by Stats. 2024, Ch. 675, Sec. 1. ) ## ARTICLE 2. Producers and Producer Responsibility Organizations [42968.20 - 42968.24] ( Article 2 added by Stats. 2024, Ch. 675, Sec. 1. ) ## 42968.21. (a) The department shall approve a producer responsibility organization if it meets the requirements of this chapter, including all of the following: (1) A governing board consisting of producers that represent the diversity of covered products placed in the market by those entities. The governing board shall include nonvoting members with representation from the following types of entities: (A) A circular economy environmental nongovernmental organization. (B) A retailer that sells covered products. (C) A labor representative from a floor covering joint apprenticeship program in northern California that is approved by the Division of Apprenticeship Standards. (D) A labor representative from a floor covering joint apprenticeship program in southern California that is approved by the Division of Apprenticeship Standards. (2) The producer responsibility organization shall demonstrate in its producer responsibility plan that it has adequate financial responsibility and financial controls in place, including fraud prevention measures and an audit schedule, to ensure proper management of funds. (3) The activities of the producer responsibility organization are limited to carrying out the requirements of this chapter. (b) In the event that the department determines that the producer responsibility organization no longer meets the requirements of this chapter or fails to implement or administer an approved producer responsibility plan in a manner that effectuates the purposes of this chapter, the department may revoke its approval of the producer responsibility plan and may approve another producer responsibility plan pursuant to Section 42968.72. (c) (1) Upon approval of a producer responsibility plan pursuant to Section 42968.30, or commencing January 1, 2029, whichever is sooner, a producer shall not sell, offer for sale, import, or distribute a covered product in the state unless all the following are met: (A) The producer is a participant of the producer responsibility organization. (B) The covered product is accounted for in the producer responsibility plan. (C) The department has approved the producer responsibility plan. (2) If a person does not qualify as a producer and is not subject to this chapter before January 1, 2029, but, after January 1, 2029, meets the definition of a producer, then that person shall become a participant of the producer responsibility organization and comply with the requirements of this chapter prior to beginning to sell, offer for sale, import, or distribute covered products in the state. (d) A producer not in compliance with this chapter is subject to penalties pursuant to this chapter if a covered product sold or offered for sale by the producer is not subject to a producer responsibility plan that has been approved by the department pursuant to Section 42968.30. (Added by Stats. 2024, Ch. 675, Sec. 1. (AB 863) Effective January 1, 2025.)
  8. 42968.22.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 19.5. Carpet Producer Responsibility Program [42968 - 42968.80] ( Chapter 19.5 added by Stats. 2024, Ch. 675, Sec. 1. ) ## ARTICLE 2. Producers and Producer Responsibility Organizations [42968.20 - 42968.24] ( Article 2 added by Stats. 2024, Ch. 675, Sec. 1. )

    Verify source ↗

    Producers must give the department specified contact and covered-product information, then keep it updated.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 19.5. Carpet Producer Responsibility Program [42968 - 42968.80] ( Chapter 19.5 added by Stats. 2024, Ch. 675, Sec. 1. ) ## ARTICLE 2. Producers and Producer Responsibility Organizations [42968.20 - 42968.24] ( Article 2 added by Stats. 2024, Ch. 675, Sec. 1. ) ## 42968.22. (a) No later than 180 days after the effective date of this chapter, producers shall provide to the department, in a form and manner established by the department, all the following: (1) The producer’s contact information, including its name, physical and mailing addresses, email address, and phone number. (2) A list of covered products and brands of covered products that the producer sells, distributes for sale, imports for sale, or offers for sale in or into the state. (b) A producer shall update the information described in subdivision (a) and provide the updated information to the department on or before January 15 of each year, within 30 days of changes to the information, and upon request of the department. (Added by Stats. 2024, Ch. 675, Sec. 1. (AB 863) Effective January 1, 2025.)
  9. 42968.23.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 19.5. Carpet Producer Responsibility Program [42968 - 42968.80] ( Chapter 19.5 added by Stats. 2024, Ch. 675, Sec. 1. ) ## ARTICLE 2. Producers and Producer Responsibility Organizations [42968.20 - 42968.24] ( Article 2 added by Stats. 2024, Ch. 675, Sec. 1. )

    Verify source ↗

    The producer responsibility organization must fund itself fairly, include qualifying solid waste facilities as approved collection sites, notify the department of certain events within 30 days, and participants with approved plans must comply with the 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 19.5. Carpet Producer Responsibility Program [42968 - 42968.80] ( Chapter 19.5 added by Stats. 2024, Ch. 675, Sec. 1. ) ## ARTICLE 2. Producers and Producer Responsibility Organizations [42968.20 - 42968.24] ( Article 2 added by Stats. 2024, Ch. 675, Sec. 1. ) ## 42968.23. (a) The producer responsibility organization shall establish a method for fully funding the producer responsibility organization in a manner that equitably distributes the producer responsibility organization’s costs among participating producers, reflecting California sales volumes. The funding mechanism shall demonstrate adequate funding for all administrative and operational costs of the producer responsibility plan, to be borne by participating producers, and modulate the distribution of participating producers’ costs based on the cost of managing their specific covered products according to the approved producer responsibility plan. (b) (1) The producer responsibility organization shall include as an approved collection site under its producer responsibility plan a solid waste facility that offers in writing to participate in the producer responsibility plan and agrees to comply with any program operator requirements that are consistent with the approved producer responsibility plan. (2) The producer responsibility organization shall include the solid waste facility as an approved collection site within 90 days of receiving the written offer to participate, confirming that the offering entity will comply with any producer responsibility organization requirements that are consistent with an approved producer responsibility plan. (3) The producer responsibility organization shall not be required to respond to offers pursuant to this subdivision until its producer responsibility plan has been approved by the department. (c) The producer responsibility organization may suspend or terminate use of an approved collection site that does not comply with all applicable state, federal, or municipal laws and regulations or adhere to the rules and conditions imposed by the producer responsibility organization pursuant to subdivision (h) of Section 42968.32. (d) A participant of the producer responsibility organization with an approved producer responsibility plan shall comply with the requirements of this chapter. The producer responsibility organization shall notify the department within 30 calendar days of any the following: (1) The end of any three-month period in which the producer responsibility organization unsuccessfully attempted to obtain a fee, records, or information from a participant producer, or received incomplete or incorrect records or information required by this chapter. (2) The date a producer no longer participates in the producer responsibility organization’s approved producer responsibility plan. (3) Any instance of noncompliance by a participant producer. (Added by Stats. 2024, Ch. 675, Sec. 1. (AB 863) Effective January 1, 2025.)
  10. 42968.24.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 19.5. Carpet Producer Responsibility Program [42968 - 42968.80] ( Chapter 19.5 added by Stats. 2024, Ch. 675, Sec. 1. ) ## ARTICLE 2. Producers and Producer Responsibility Organizations [42968.20 - 42968.24] ( Article 2 added by Stats. 2024, Ch. 675, Sec. 1. )

    Verify source ↗

    The producer responsibility organization must hold a transparent public consultation process, include public workshops for certain plan and report activities, and give at least 20 days’ public notice before workshops.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 19.5. Carpet Producer Responsibility Program [42968 - 42968.80] ( Chapter 19.5 added by Stats. 2024, Ch. 675, Sec. 1. ) ## ARTICLE 2. Producers and Producer Responsibility Organizations [42968.20 - 42968.24] ( Article 2 added by Stats. 2024, Ch. 675, Sec. 1. ) ## 42968.24. (a) The producer responsibility organization shall conduct a transparent and public consultation process with interested parties that may be impacted by this chapter, including, but not limited to, producers, wholesalers, retailers, service providers, consumers, local governments, installers, and public interest groups for all of the following activities: (1) The development of a producer responsibility plan pursuant to Section 42968.30, which shall include at least two public workshops. (2) The revision of a producer responsibility plan pursuant to Section 42968.30, which shall include at least two public workshops. (b) The submittal of an annual report pursuant to Section 42968.62, which shall include at least one public workshop, that is conducted within 30 days after the submittal of each annual report. (c) The producer responsibility organization shall provide no fewer than 20 days advanced public notice to interested parties to participate in a public workshop. The public notice shall clearly articulate the purpose of the participation, including, but not limited to, the topics that will be discussed. (Added by Stats. 2024, Ch. 675, Sec. 1. (AB 863) Effective January 1, 2025.)
  11. 42968.3.

    ## 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 19.5. Carpet Producer Responsibility Program [42968 - 42968.80] ( Chapter 19.5 added by Stats. 2024, Ch. 675, Sec. 1. ) ## ARTICLE 1. Definitions and General Provisions [42968 - 42968.4] ( Article 1 added by Stats. 2024, Ch. 675, Sec. 1. )

    Verify source ↗

    This section says the chapter does not prevent a permanent collection site that is a solid waste facility from charging to dispose of certain covered 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 19.5. Carpet Producer Responsibility Program [42968 - 42968.80] ( Chapter 19.5 added by Stats. 2024, Ch. 675, Sec. 1. ) ## ARTICLE 1. Definitions and General Provisions [42968 - 42968.4] ( Article 1 added by Stats. 2024, Ch. 675, Sec. 1. ) ## 42968.3. Nothing in this chapter shall be construed to limit the ability of a permanent collection site that is a solid waste facility from charging for the disposal of a covered product that is contaminated or that will be rejected for recycling by the producer responsibility organization. (Added by Stats. 2024, Ch. 675, Sec. 1. (AB 863) Effective January 1, 2025.)
  12. 42968.30.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 19.5. Carpet Producer Responsibility Program [42968 - 42968.80] ( Chapter 19.5 added by Stats. 2024, Ch. 675, Sec. 1. ) ## ARTICLE 3. Producer Responsibility Plan [42968.30 - 42968.35] ( Article 3 added by Stats. 2024, Ch. 675, Sec. 1. )

    Verify source ↗

    The producer responsibility organization must submit a complete producer responsibility plan, and the department must review it and may approve or disapprove it 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 19.5. Carpet Producer Responsibility Program [42968 - 42968.80] ( Chapter 19.5 added by Stats. 2024, Ch. 675, Sec. 1. ) ## ARTICLE 3. Producer Responsibility Plan [42968.30 - 42968.35] ( Article 3 added by Stats. 2024, Ch. 675, Sec. 1. ) ## 42968.30. (a) Within 12 months of the effective date of the regulations adopted by the department pursuant to Section 42968.1, the producer responsibility organization shall develop and submit to the department a complete producer responsibility plan, in accordance with the requirements of this chapter, for the collection, transportation, recycling, and the safe and proper management of covered products in the state. (b) (1) The department shall review the producer responsibility plan for compliance with this chapter and may approve or disapprove the producer responsibility plan within 120 days of receipt of the producer responsibility plan. (2) If the department disapproves a revised producer responsibility plan, the department shall explain how the revised producer responsibility plan does not comply with this chapter and provide written notice to the producer responsibility organization within 60 days of disapproval. (c) If the department disapproves a producer responsibility plan submitted by the producer responsibility organization, the department shall explain how the producer responsibility plan does not comply with this chapter and provide written notice to the producer responsibility organization within 60 days of disapproval. The producer responsibility organization may resubmit to the department a revised producer responsibility plan within 30 days of the date the written notice was issued, and the department shall review the revised producer responsibility plan within 60 days of its receipt of the resubmittal. The producer responsibility organization shall then revise and resubmit the producer responsibility plan consistent with the department’s direction within 30 days, otherwise the disapproval is final and the producer responsibility organization and producers may be subject to penalties. Within 24 months of the effective date of the regulations adopted by the department pursuant to Section 42968.1, the producer responsibility organization shall have a complete producer responsibility plan approved by the department and each producer shall be subject to an approved producer responsibility plan to be in compliance with this chapter. (d) The approved producer responsibility plan shall be a public record, except that financial or sales data reported to the department by the producer responsibility organization 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 to any other entity. (e) For any producer responsibility plan currently in effect as of January 1, 2025, that producer responsibility plan shall continue in effect under its current terms and assessment structure, operating based on the law in effect at the time of producer responsibility plan approval, until that producer responsibility plan expires or is revoked, except that the producer responsibility organization shall submit a producer responsibility plan amendment by July 1, 2025, to conform that producer responsibility plan to the requirements in subdivisions (c) and (j) of Section 42968.32, and Sections 42968.60 and 42968.61. (Added by Stats. 2024, Ch. 675, Sec. 1. (AB 863) Effective January 1, 2025.)
  13. 42968.31.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 19.5. Carpet Producer Responsibility Program [42968 - 42968.80] ( Chapter 19.5 added by Stats. 2024, Ch. 675, Sec. 1. ) ## ARTICLE 3. Producer Responsibility Plan [42968.30 - 42968.35] ( Article 3 added by Stats. 2024, Ch. 675, Sec. 1. )

    Verify source ↗

    The producer responsibility organization must implement the approved producer responsibility plan within 12 months after the department approves 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 19.5. Carpet Producer Responsibility Program [42968 - 42968.80] ( Chapter 19.5 added by Stats. 2024, Ch. 675, Sec. 1. ) ## ARTICLE 3. Producer Responsibility Plan [42968.30 - 42968.35] ( Article 3 added by Stats. 2024, Ch. 675, Sec. 1. ) ## 42968.31. The producer responsibility organization shall implement the approved producer responsibility plan within 12 months of the department’s approval of the producer responsibility plan. (Added by Stats. 2024, Ch. 675, Sec. 1. (AB 863) Effective January 1, 2025.)
  14. 42968.32.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 19.5. Carpet Producer Responsibility Program [42968 - 42968.80] ( Chapter 19.5 added by Stats. 2024, Ch. 675, Sec. 1. ) ## ARTICLE 3. Producer Responsibility Plan [42968.30 - 42968.35] ( Article 3 added by Stats. 2024, Ch. 675, Sec. 1. )

    Verify source ↗

    A producer responsibility plan for covered carpet products must include detailed program, funding, collection, education, reserve, reporting, and certification 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 19.5. Carpet Producer Responsibility Program [42968 - 42968.80] ( Chapter 19.5 added by Stats. 2024, Ch. 675, Sec. 1. ) ## ARTICLE 3. Producer Responsibility Plan [42968.30 - 42968.35] ( Article 3 added by Stats. 2024, Ch. 675, Sec. 1. ) ## 42968.32. A producer responsibility plan for covered products shall do all of the following: (a) Be designed to accept and manage all postconsumer covered products. (b) Include the name and contact information of each producer and brand covered under the producer responsibility plan. The contact information shall include the producer’s email address, phone number, and mailing and physical address. (c) Explain the producer responsibility organization’s funding methods, and explain how those methods will fully fund the producer responsibility organization in a manner that equitably distributes the producer responsibility organization’s costs among the producers pursuant to subdivision (a) of Section 42968.23. (d) (1) Include the fee required by Section 42968.51 and a description of how it is calculated. (2) Include the fee required by Section 42968.52, a description of how it is calculated, and an explanation of how it complies with Section 42968.52. (e) Include a five-year budget that establishes a funding level sufficient to operate the producer responsibility organization in a prudent and responsible manner. The budget shall demonstrate how estimated revenues will cover all budgeted costs for each cost category. Budgeted costs shall include, but not be limited to, administrative costs, education and outreach costs, operational costs, capital costs, and a reserve. (1) Administrative costs shall include the department’s actual and reasonable regulatory costs, which include full personnel costs, to implement and enforce this chapter as the criteria for all the costs are defined in the regulations adopted pursuant to Section 42968.1. For purposes of this paragraph, producer responsibility organization implementation begins once the department approves the producer responsibility organization’s producer responsibility plan, except the department’s costs shall include actual regulatory development costs and other startup costs incurred prior to producer responsibility plan submittal and approval. (2) The reserve shall include funds to operate the producer responsibility organization should there be unexpected events, losses of income, or large unbudgeted expenses. It shall also protect the recycling infrastructure the producer responsibility organization relies on in its producer responsibility plan during any lapse in producer participation during the life of the program. The reserve cost category shall include a reserve level amount and description justifying the reserve level amount indicated. The producer responsibility organization shall maintain reserve funds sufficient to operate the producer responsibility plan for no less than six months. In the event that a new producer responsibility organization is approved by the department, the producer responsibility organization shall establish its reserve and maintain the required reserve fund balance by the end of the second year of producer responsibility plan operation. In the event that the producer responsibility organization’s producer responsibility plan expires or is revoked, the reserve balance shall be transferred to a successor producer responsibility organization or a trustee, pursuant to subdivision (j). (f) Include quantifiable five-year and annual performance standards and metrics for each covered product category until such time as the department publishes performance standards pursuant to Section 42968.34. The producer responsibility organization shall amend its producer responsibility plan to meet the performance standards published by the department. Performance standards published by the department pursuant to this subdivision shall not be subject to the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). Performance standards may include, but are not limited to, collection, reduction in disposal, and maximizing recycling. (g) (1) Describe how the producer responsibility organization will provide free dropoff and convenient collection system for covered products, which shall include approved collection sites in each county of the state that provide for a reasonable geographic spread of permanent collection sites and an explanation for the geographic spread. (2) The department may by regulation adjust the minimum number of required approved collection sites described in paragraph (1) to ensure that consumers have sufficient convenient access to approved collection sites, applicable to a producer responsibility plan addressing collection of covered products, if the department has substantial evidence that allowing for this adjustment will increase the collection of covered products or is otherwise justified considering the population or geographic attributes of the county. For counties bordering another state, the number of approved collection sites within that county may include a facility located in an adjacent state if that facility is regularly involved in the management of that county’s solid waste and recyclables. (h) Describe how approved collection sites will be authorized and managed, including all of the following: (1) The process by which the producer responsibility organization will provide for the collection, storage, and transport of covered products from the approved collection sites to an authorized recycling facility. (2) How the producer responsibility organization will ensure the cost-effective sorting of covered products using the best available technology to avoid any recyclable materials from being disposed. (3) How the producer responsibility organization will maintain all collection and transport records and make them available to the department upon request. (4) A list of all proposed rules, conditions, and requirements for authorized collectors, including a template proposed agreement. (5) How the producer responsibility organization will maximize the recycling of covered products, including prioritizing reuse and closed loop recycling. (6) How the producer responsibility organization will maximize the collection and reuse of convention carpet, including no less than 20 percent reuse by 2028. (7) The process by which covered products will be managed following collection at approved collection sites, including: (A) How covered products will be handled and managed according to the waste hierarchy as defined in Section 40051. (B) How the producer responsibility organization will maximize the recycling of covered products. (C) How the producer responsibility organization will minimize disposal of covered products collected by the producer responsibility organization. (8) A description of the producer responsibility organization’s annual assessment and the metrics it will use to determine how collection, sorting, and transportation outcomes aligned with projections. (9) How the producer responsibility organization will improve the collection, processing, and recycling operations for covered products, including, but not limited to, pilot programs to test new processes, methods, or equipment. (10) How approved collection sites will be operated to ensure that covered products are collected at no cost, safely, and handled in accordance with all applicable state and federal laws. (i) (1) Describe the statewide education and outreach program’s efforts to various audiences, including, but not limited to, consumers, commercial building owners, covered product installation contractors, construction and demolition contractors, retailers, and wholesalers to promote their participation in achieving the purposes of the producer responsibility plan. These education and outreach materials shall include, but are not limited to, any of the following: (A) Signage that is prominently displayed and easily visible. (B) Written materials and templates of materials to be provided to covered product installation contractors and consumers at the time of purchase or delivery, or both. (C) Promotional materials or activities, or both, that explain the purpose of the producer responsibility organization and the means by which it is being carried out. (D) An internet website that publicizes the location of approved collection sites and provides information on how to drop off covered products at the free and convenient network of approved collection sites offered by the producer responsibility organization, including any information reasonably necessary to safely and conveniently access the collection and recycling services offered by the producer responsibility organization. (E) All signage and materials required for approved collection sites by the producer responsibility organization, and a description of the method by which approved collection sites can access replacement materials at no cost to the approved collection site. (F) A description of efforts to support participation by all California communities, including a description of efforts to communicate in languages other than English. (G) A description of strategies, goals, and metrics used to determine the success of the producer responsibility plan implementation and statewide education and outreach program. (2) The statewide education and outreach program shall promote the safe and proper management of covered products, including source reduction and environmentally preferable purchasing of covered products. (3) The statewide education and outreach plan program shall include information for consumers about how to avoid improper disposal of covered products. (4) The statewide education and outreach program shall include a survey to consumers and contractors regarding their awareness of the producer responsibility plan, their use of resources available to them under the producer responsibility plan, including collection sites, and why they do or do not use those resources. The survey shall occur once every three years. (j) Include a contingency plan that takes effect in the event the producer responsibility plan expires or is revoked. The contingency plan shall guarantee that the contracts, financial data, and other necessary authority and assets to operate the program shall vest in a trustee approved by the department. The trustee shall operate the most recently approved producer responsibility plan, subject to the direction of the department, until that time as a new producer responsibility plan is approved. Upon producer responsibility plan expiration or revocation of the producer responsibility plan, the balance of the producer responsibility organization’s operating reserves collected pursuant to subdivision (d) shall be transferred to the control of the trustee within five calendar days, along with all documents, digital records, contracts, and files related to the operation of the producer responsibility plan. (k) Allocate annual grants to apprenticeship programs for training apprentices and journey-level carpet installers in proper carpet recycling techniques, including installation and removal techniques that maximize the recyclability of carpet. The producer responsibility plan shall provide for annual grants to joint apprenticeship programs approved by the Division of Apprenticeship Standards to train carpet installers, with the amount divided evenly between programs in northern California and southern California. (l) (1) Prioritize expenditure of assessments collected pursuant to Section 42972 on activities to carry out the producer responsibility plan in California. (2) Consistent with paragraph (4) of subdivision (a) of Section 42972, commencing with the fiscal year beginning July 1, 2025, and for each fiscal year thereafter, the program shall allocate 8 percent of assessments collected pursuant to Section 42972, as determined by the department, for grants to apprenticeship programs, subject to the requirements and conditions of this section. Any portion of the 8 percent that is not awarded and used in a fiscal year shall be credited to the amount to be allocated or awarded in the following fiscal year pursuant to this section, thereby reducing the amount allocated or awarded in the following fiscal year by the amount of the credit. (3) An apprenticeship program shall apply to the producer responsibility organization for a grant. The apprenticeship program shall submit a report to the producer responsibility organization and the department outlining its expenditure of the grant funds for purposes of this program prior to receipt of new grants. (m) Provide for the payment to an approved collection site for accepting, collecting, storing, transporting, and handling covered products in an amount determined by the approved collection site and the producer responsibility organization. Payment of these costs shall be reflected in the budget pursuant to subdivision (e). (n) Explain how producers will, on and after January 1, 2027, through the use of a standardized stamping or some other means, provide a visual mark on the back of a covered product that is a synthetic material to allow expeditious sorting of the carpet, by 2027. (o) Require carpet to contain 5 percent of postconsumer recycled carpet content by 2028. The department may, for the year 2029 and any year thereafter, set the rate for postconsumer recycled carpet to be required in carpet. (p) Include written certification by an authorized representative of the producer responsibility organization that, at the time of submission to the department, the producer responsibility plan, including all aspects of the producer responsibility plan related to the collection, transportation, and management of covered products, is in compliance with all applicable state and federal laws and regulations. (Amended by Stats. 2025, Ch. 67, Sec. 169. (AB 1170) Effective January 1, 2026.)
  15. 42968.33.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 19.5. Carpet Producer Responsibility Program [42968 - 42968.80] ( Chapter 19.5 added by Stats. 2024, Ch. 675, Sec. 1. ) ## ARTICLE 3. Producer Responsibility Plan [42968.30 - 42968.35] ( Article 3 added by Stats. 2024, Ch. 675, Sec. 1. )

    Verify source ↗

    A producer of a covered product in or into the state must meet the performance standards published by the department for each covered product.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 19.5. Carpet Producer Responsibility Program [42968 - 42968.80] ( Chapter 19.5 added by Stats. 2024, Ch. 675, Sec. 1. ) ## ARTICLE 3. Producer Responsibility Plan [42968.30 - 42968.35] ( Article 3 added by Stats. 2024, Ch. 675, Sec. 1. ) ## 42968.33. A producer of a covered product sold, offered for sale, imported, or distributed in or into the state shall achieve the performance standards published by the department pursuant to Section 42968.34 with respect to each covered product. (Added by Stats. 2024, Ch. 675, Sec. 1. (AB 863) Effective January 1, 2025.)
  16. 42968.34.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 19.5. Carpet Producer Responsibility Program [42968 - 42968.80] ( Chapter 19.5 added by Stats. 2024, Ch. 675, Sec. 1. ) ## ARTICLE 3. Producer Responsibility Plan [42968.30 - 42968.35] ( Article 3 added by Stats. 2024, Ch. 675, Sec. 1. )

    Verify source ↗

    The department may set, review, and adjust performance standards for carpet recycling, and it must use sales data to set the recycling performance standard.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 19.5. Carpet Producer Responsibility Program [42968 - 42968.80] ( Chapter 19.5 added by Stats. 2024, Ch. 675, Sec. 1. ) ## ARTICLE 3. Producer Responsibility Plan [42968.30 - 42968.35] ( Article 3 added by Stats. 2024, Ch. 675, Sec. 1. ) ## 42968.34. (a) The department may establish, review, and may adjust performance standards based on information included in the producer responsibility plan and annual reports, other information provided by the producer responsibility organization, department waste characterization studies, and economic and any other relevant information. (b) The department shall use sales data to establish the performance standard for recycling carpet. The department may decide how many years of sales data to use for establishing the performance standard and the producer responsibility organization may appeal that decision pursuant to appellate procedures established by the department in regulation. (Added by Stats. 2024, Ch. 675, Sec. 1. (AB 863) Effective January 1, 2025.)
  17. 42968.35.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 19.5. Carpet Producer Responsibility Program [42968 - 42968.80] ( Chapter 19.5 added by Stats. 2024, Ch. 675, Sec. 1. ) ## ARTICLE 3. Producer Responsibility Plan [42968.30 - 42968.35] ( Article 3 added by Stats. 2024, Ch. 675, Sec. 1. )

    Verify source ↗

    The producer responsibility organization must review its plan every five years after approval and, if revisions are needed, submit a revised plan to the department on time; if no revisions are needed, it must notify the department instead.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 19.5. Carpet Producer Responsibility Program [42968 - 42968.80] ( Chapter 19.5 added by Stats. 2024, Ch. 675, Sec. 1. ) ## ARTICLE 3. Producer Responsibility Plan [42968.30 - 42968.35] ( Article 3 added by Stats. 2024, Ch. 675, Sec. 1. ) ## 42968.35. (a) The producer responsibility organization shall review its producer responsibility plan at least every five years after approval by the department and determine whether revisions to the producer responsibility plan are necessary. (b) If the producer responsibility organization determines that revisions to the producer responsibility plan are necessary, the producer responsibility organization shall submit to the department a revised producer responsibility plan for review and approval employing the procedures set forth in Section 42968.30. The producer responsibility organization shall submit the revised producer responsibility plan pursuant to this subdivision at least 12 months prior to the deadline described in subdivision (a). The revised producer responsibility plan shall include a cover letter that summarizes the revisions to the producer responsibility plan. (c) If the producer responsibility organization determines that no revisions to the producer responsibility plan are necessary, the producer responsibility organization shall send a letter to the department no later than 12 months prior to the review deadline described in subdivision (a), explaining that the producer responsibility organization has reviewed the producer responsibility plan and determined that no revisions are needed. The department may disapprove the producer responsibility organization’s determination within 30 days of receipt of that determination if the department concludes that the producer responsibility organization cannot implement the objectives of this chapter without revising the producer responsibility plan. In the event the department disapproves the producer responsibility organization’s determination, the producer responsibility organization shall submit to the department a revised producer responsibility plan for review and approval. The producer responsibility organization shall submit the revised producer responsibility plan pursuant to this subdivision within 60 days of receipt of the department’s disapproval, unless the department determines that additional time is needed. (Added by Stats. 2024, Ch. 675, Sec. 1. (AB 863) Effective January 1, 2025.)
  18. 42968.4.

    ## 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 19.5. Carpet Producer Responsibility Program [42968 - 42968.80] ( Chapter 19.5 added by Stats. 2024, Ch. 675, Sec. 1. ) ## ARTICLE 1. Definitions and General Provisions [42968 - 42968.4] ( Article 1 added by Stats. 2024, Ch. 675, Sec. 1. )

    Verify source ↗

    A producer must publish an environmental product declaration on its website for each covered product.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 19.5. Carpet Producer Responsibility Program [42968 - 42968.80] ( Chapter 19.5 added by Stats. 2024, Ch. 675, Sec. 1. ) ## ARTICLE 1. Definitions and General Provisions [42968 - 42968.4] ( Article 1 added by Stats. 2024, Ch. 675, Sec. 1. ) ## 42968.4. (a) Subject to subdivision (b), a producer shall publish on its internet website, for each of its covered products, an environmental product declaration that identifies the components and the percentage of each component used in the covered product. (b) Subdivision (a) does not require a producer to reveal a trade secret, as defined in Section 3426.1 of the Civil Code. (Added by Stats. 2024, Ch. 675, Sec. 1. (AB 863) Effective January 1, 2025.)
  19. 42968.40.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 19.5. Carpet Producer Responsibility Program [42968 - 42968.80] ( Chapter 19.5 added by Stats. 2024, Ch. 675, Sec. 1. ) ## ARTICLE 4. Mandatory Sorting [42968.40- 42968.40.] ( Article 4 added by Stats. 2024, Ch. 675, Sec. 1. )

    Verify source ↗

    Certain removed covered products must be taken to an approved collection site, and approved collection sites must handle and store covered products under required 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 19.5. Carpet Producer Responsibility Program [42968 - 42968.80] ( Chapter 19.5 added by Stats. 2024, Ch. 675, Sec. 1. ) ## ARTICLE 4. Mandatory Sorting [42968.40- 42968.40.] ( Article 4 added by Stats. 2024, Ch. 675, Sec. 1. ) ## 42968.40. (a) No later than January 1, 2029, a person that, as part of the installation of a covered product, removes a covered product from a residence or business shall transport, or contract to transport, all of the removed covered products to an approved collection site. Covered material collected at an approved collection site shall be transported to a recycling facility designated by the producer responsibility organization. (b) An approved collection site shall ensure that covered products are collected in the prescribed conditions required by the approved producer responsibility plan. The conditions shall include, but are not limited to, the following requirements: (1) A covered product shall be kept in a location that allows it to remain dry at all times. (2) A container holding a collected covered product shall be free of all contaminated discarded waste items. (3) An approved collection site shall permit a processor’s prescribed container to be housed on site for loading and for pickup at the approved collection site, if the processor is approved by the producer responsibility plan. (Added by Stats. 2024, Ch. 675, Sec. 1. (AB 863) Effective January 1, 2025.)
  20. 42968.50.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 19.5. Carpet Producer Responsibility Program [42968 - 42968.80] ( Chapter 19.5 added by Stats. 2024, Ch. 675, Sec. 1. ) ## ARTICLE 5. Financial Provisions [42968.50 - 42968.52] ( Article 5 added by Stats. 2024, Ch. 675, Sec. 1. )

    Verify source ↗

    The department must notify the producer responsibility organization of estimated regulatory costs at least 90 days before plan submission, and the organization must pay those fees on a department-set schedule.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 19.5. Carpet Producer Responsibility Program [42968 - 42968.80] ( Chapter 19.5 added by Stats. 2024, Ch. 675, Sec. 1. ) ## ARTICLE 5. Financial Provisions [42968.50 - 42968.52] ( Article 5 added by Stats. 2024, Ch. 675, Sec. 1. ) ## 42968.50. (a) No later than 90 days before a producer responsibility plan is submitted to the department, the department shall notify the producer responsibility organization of its estimated regulatory costs, including its full personnel costs, related to implementing and enforcing this chapter. This shall include the actual and reasonable costs associated with regulation development pursuant to Section 42968.1 and other startup activities prior to producer responsibility plan submittal and approval. (b) (1) The producer responsibility organization shall, on a schedule determined by the department, pay the department fees for its incurred costs as described in subdivision (a). (2) The department shall deposit all fees received from the producer responsibility organization pursuant to this section into the Carpet Responsibility Fund. (c) (1) The Carpet Stewardship Account, previously established in the Integrated Waste Management Fund, shall be known as the Carpet Responsibility Fund. The Carpet Stewardship Penalty Subaccount shall be known as the Carpet Responsibility Penalty Account. (2) Upon appropriation by the Legislature, moneys in the Carpet Responsibility Fund shall be expended by the department 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 activities pursuant to this chapter. The money in the Carpet Responsibility Fund shall not be expended for any other purpose. (Added by Stats. 2024, Ch. 675, Sec. 1. (AB 863) Effective January 1, 2025.)
  21. 42968.51.

    ## 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 19.5. Carpet Producer Responsibility Program [42968 - 42968.80] ( Chapter 19.5 added by Stats. 2024, Ch. 675, Sec. 1. ) ## ARTICLE 5. Financial Provisions [42968.50 - 42968.52] ( Article 5 added by Stats. 2024, Ch. 675, Sec. 1. )

    Verify source ↗

    The department must charge a quarterly administrative fee to the producer responsibility organization, and the fee must be set to cover the department’s costs. The department may use a variable fee, must not collect more than cost recovery, and must deposit collected fees into the Carpet Responsibility Fund.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 19.5. Carpet Producer Responsibility Program [42968 - 42968.80] ( Chapter 19.5 added by Stats. 2024, Ch. 675, Sec. 1. ) ## ARTICLE 5. Financial Provisions [42968.50 - 42968.52] ( Article 5 added by Stats. 2024, Ch. 675, Sec. 1. ) ## 42968.51. (a) The producer responsibility organization shall pay the department a quarterly administrative fee. The department shall set the fee at an amount that, when paid is adequate to cover the department’s full costs of administering and enforcing this chapter, including any program development costs or regulatory costs incurred by the department prior to a producer responsibility plan being submitted. The department may establish a variable fee based on relevant factors. (b) The total amount of fees collected annually pursuant to this section shall not exceed the amount necessary to recover costs incurred by the department in connection with the administration and enforcement of the requirements of this chapter. (c) The department shall identify the direct development or regulatory costs it incurs pursuant to this chapter prior to the submittal of a producer responsibility plan and shall establish a fee in an amount adequate to cover those costs, which shall be paid by the producer responsibility organization. (d) The department shall deposit the fees collected pursuant to this section into the Carpet Responsibility Fund. (Added by Stats. 2024, Ch. 675, Sec. 1. (AB 863) Effective January 1, 2025.)
  22. 42968.52.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 19.5. Carpet Producer Responsibility Program [42968 - 42968.80] ( Chapter 19.5 added by Stats. 2024, Ch. 675, Sec. 1. ) ## ARTICLE 5. Financial Provisions [42968.50 - 42968.52] ( Article 5 added by Stats. 2024, Ch. 675, Sec. 1. )

    Verify source ↗

    This section sets rules for a covered-product assessment: producers and retailers/wholesalers must add it to sale prices, the producer responsibility organization can use the money only for the plan, and the organization must revise the plan if funding is too low or too high.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 19.5. Carpet Producer Responsibility Program [42968 - 42968.80] ( Chapter 19.5 added by Stats. 2024, Ch. 675, Sec. 1. ) ## ARTICLE 5. Financial Provisions [42968.50 - 42968.52] ( Article 5 added by Stats. 2024, Ch. 675, Sec. 1. ) ## 42968.52. (a) In recognition that the material makeup and construction of a covered product affects the technical and economic recyclability of a covered product, the funding mechanism required pursuant to subdivision (c) of Section 42968.32 shall establish and be composed of a system of differential assessments that takes into account the financial burden that a particular covered product has on the producer responsibility plan, and the amount of postconsumer recycled content contained in a particular covered product. Based on market history and modeling, if a certain covered product requires a higher subsidy to incentivize use in the marketplace, then that material shall have a proportionally higher assessment assigned to it. The assessment shall be remitted to the producer responsibility organization on a quarterly basis and the producer responsibility organization may expend the assessment only to carry out the producer responsibility plan. (b) The amount of the assessment and the anticipated revenues from the assessment shall be specified in the producer responsibility plan and shall be approved by the department as part of the producer responsibility plan. The amount of the assessment shall be sufficient to meet, but not exceed, the anticipated cost of carrying out the producer responsibility plan. The amount of the assessment shall not create an unfair advantage in the marketplace. (c) The assessment established pursuant to this section is exempt from the taxes imposed by Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code and shall meet both of the following requirements: (1) The assessment shall be added by a producer to the purchase price of all covered products sold by producers to a California retailer or wholesaler or otherwise sold for use in the state. The assessment shall be clearly visible on invoices or functionally equivalent billing documents as a separate line item and shall be accompanied by a brief description of the assessment or a label approved by the department. (2) Each retailer and wholesaler shall add the assessment to the purchase price of all covered products sold in the state. The assessment shall be clearly visible on invoices or functionally equivalent billing documents as a separate line item and shall be accompanied by a brief description of the assessment or a label approved by the department. (d) It is the intent of the Legislature that the amount of the assessment be reduced by the producer responsibility organization as the producer responsibility program is implemented over time and becomes more efficient. (e) (1) If the amount of the assessment is insufficient to fund the producer responsibility program, the producer responsibility organization shall submit a revision to the producer responsibility plan, pursuant to Section 42968.35, to increase the assessment. (2) If the assessment generates a fund balance at the end of a program year that is greater than one year’s operating costs of the producer responsibility plan, the producer responsibility organization shall submit a revision to the producer responsibility plan, pursuant to Section 42968.35, to decrease the assessment. (f) The producer responsibility organization shall not expend funds from the assessment for any of the following purposes: (1) Penalties imposed pursuant to this chapter. (2) Costs associated with litigation against the state. (3) Engineered municipal solid waste conversion, as defined in Section 40131.2, the use of cement kilns to burn covered product, or transformation, as defined in Section 40201. (Added by Stats. 2024, Ch. 675, Sec. 1. (AB 863) Effective January 1, 2025.)
  23. 42968.60.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 19.5. Carpet Producer Responsibility Program [42968 - 42968.80] ( Chapter 19.5 added by Stats. 2024, Ch. 675, Sec. 1. ) ## ARTICLE 6. Records, Audits, and Reports [42968.60 - 42968.63] ( Article 6 added by Stats. 2024, Ch. 675, Sec. 1. )

    Verify source ↗

    The producer responsibility organization must keep records, include an audit process in its plan, and cooperate with department audits by producing requested records or 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 19.5. Carpet Producer Responsibility Program [42968 - 42968.80] ( Chapter 19.5 added by Stats. 2024, Ch. 675, Sec. 1. ) ## ARTICLE 6. Records, Audits, and Reports [42968.60 - 42968.63] ( Article 6 added by Stats. 2024, Ch. 675, Sec. 1. ) ## 42968.60. (a) The producer responsibility organization shall keep board minutes, books, and records that clearly reflect the activities and transactions of the producer responsibility organization. (b) The producer responsibility organization shall include in its producer responsibility plan a process by which the financial activities of the organization or individual producers that are related to implementation of the producer responsibility plan will be subject to an independent audit consistent with Generally Accepted Accounting Principles (GAAP), which shall be reviewed by the department. (c) The department may audit the producer responsibility organization or an individual producer annually. (d) It is a violation of this chapter for the producer responsibility organization, producer, or their respective agent who holds records to fail to produce, as part of a department audit or review of a third-party audit, documents or data that is requested by the department or documents or data that is required to be collected or generated to carry out operation of the producer responsibility plan in the form and manner determined by the department. (Added by Stats. 2024, Ch. 675, Sec. 1. (AB 863) Effective January 1, 2025.)
  24. 42968.61.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 19.5. Carpet Producer Responsibility Program [42968 - 42968.80] ( Chapter 19.5 added by Stats. 2024, Ch. 675, Sec. 1. ) ## ARTICLE 6. Records, Audits, and Reports [42968.60 - 42968.63] ( Article 6 added by Stats. 2024, Ch. 675, Sec. 1. )

    Verify source ↗

    The producer responsibility organization must hire an independent U.S.-certified public accountant to audit its books each year, and later include that audit in its annual report; the department must review the audit and may withhold confidential proprietary information where allowed.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 19.5. Carpet Producer Responsibility Program [42968 - 42968.80] ( Chapter 19.5 added by Stats. 2024, Ch. 675, Sec. 1. ) ## ARTICLE 6. Records, Audits, and Reports [42968.60 - 42968.63] ( Article 6 added by Stats. 2024, Ch. 675, Sec. 1. ) ## 42968.61. (a) The producer responsibility organization shall retain an independent public accountant, certified in the United States, to annually audit the accounting books of the producer responsibility organization. The department shall review the independent certified public accountant audit for compliance with this chapter and consistency with the producer responsibility organization’s producer responsibility plan and annual report, submitted pursuant to this chapter. After the department conducts its own review of the audit, the department shall notify the producer responsibility organization of any conduct or practice that does not comply with this chapter and of any inconsistencies identified in the review of the audit. The producer responsibility organization may obtain copies of the department’s review of the audit, including proprietary information contained in the department’s review of the audit, upon request. The department shall withhold from disclosure confidential proprietary information to the extent allowed under Section 1040 of the Evidence Code and the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). The items submitted to the department as part of the review of the audit shall include all of the following: (1) Financial statements audited in accordance with Generally Accepted Accounting Principles (GAAP). (2) An audit of the producer responsibility organization’s compliance with this chapter. (3) An audit of the producer responsibility organization’s adherence to, execution of, and consistency with its producer responsibility plan. (b) No later than 18 months after the department approves the producer responsibility organization’s producer responsibility plan, the producer responsibility organization shall include the independent audit in the annual report submitted to the department pursuant to Section 42968.62. The department shall review the audit for compliance with this chapter and consistency with the producer responsibility organization’s producer responsibility plan. (Added by Stats. 2024, Ch. 675, Sec. 1. (AB 863) Effective January 1, 2025.)
  25. 42968.62.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 19.5. Carpet Producer Responsibility Program [42968 - 42968.80] ( Chapter 19.5 added by Stats. 2024, Ch. 675, Sec. 1. ) ## ARTICLE 6. Records, Audits, and Reports [42968.60 - 42968.63] ( Article 6 added by Stats. 2024, Ch. 675, Sec. 1. )

    Verify source ↗

    Each year, the producer responsibility organization must submit an annual report to the department in the required form and post it on its website by July 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 19.5. Carpet Producer Responsibility Program [42968 - 42968.80] ( Chapter 19.5 added by Stats. 2024, Ch. 675, Sec. 1. ) ## ARTICLE 6. Records, Audits, and Reports [42968.60 - 42968.63] ( Article 6 added by Stats. 2024, Ch. 675, Sec. 1. ) ## 42968.62. On or before July 1 of each year, the producer responsibility organization shall submit in the form and manner determined by the department an annual report and make the report publicly available on the producer responsibility organization’s internet website. The report shall include all of the following information for the preceding calendar year: (a) The producer responsibility organization’s revenues and costs, with the costs according to the cost categories established in the producer responsibility plan. (b) A summary of any anticipated changes to allocations in cost categories for the following calendar year. (c) Any changes to the distribution of participating producers’ costs pursuant to subdivision (a) of Section 42968.23. (d) The square footage, yardage, weight, or other metric, as determined by the department, of covered products, by carpet type, for each of the following: (1) Covered product that was collected. (2) Covered product that was processed. (3) Covered product that was recycled. (4) Covered product that was disposed. (e) A list of the producer responsibility organization’s collection sites, by name, location, and type. (f) An updated list of the names and contact information, including email address, phone number, and physical and mailing addresses of producers. (g) A description of methods used to collect, transport, recycle, and divert covered products by the producer responsibility organization including a description of all of the following: (1) How the producer responsibility organization handled and managed covered products according to the priority of waste management practices provided in Section 40051. (2) How the producer responsibility organization maximized recycling of all covered products. (3) How the producer responsibility organization minimized disposal of all covered products collected by the producer responsibility organization. (4) Results of the producer responsibility organization’s assessment of the efficacy of the collection, sorting, and transportation processes pursuant to paragraph (8) of subdivision (h) of Section 42968.32. (h) A description of how the producer responsibility organization improved the collection, processing, and recycling operations for covered products, including, but not limited to, pilot programs to test new processes, methods, or equipment. (i) A description of outreach efforts and education, including, but not limited to, education and outreach provided by the producer responsibility organization for the purpose of promoting the collection, reuse, and recycling of covered products. This includes messaging on environmentally preferable purchasing. (j) Findings from the evaluation of the comprehensive statewide education and outreach program required by subdivision (i) of Section 42968.32. (k) A report on activities the producer responsibility organization has undertaken to prioritize the use of sorting and recycling facilities located closer to the point of generation to minimize transportation emissions and increase accountability for the ultimate disposition of collected covered products. (l) Any other information deemed relevant by the producer responsibility organization for the department to determine compliance with the approved producer responsibility plan. (m) Any other information required by regulations adopted pursuant to Section 42968.1. (Amended by Stats. 2025, Ch. 67, Sec. 170. (AB 1170) Effective January 1, 2026.)
  26. 42968.63.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 19.5. Carpet Producer Responsibility Program [42968 - 42968.80] ( Chapter 19.5 added by Stats. 2024, Ch. 675, Sec. 1. ) ## ARTICLE 6. Records, Audits, and Reports [42968.60 - 42968.63] ( Article 6 added by Stats. 2024, Ch. 675, Sec. 1. )

    Verify source ↗

    The department must tell the producer responsibility organization whether its annual report is compliant or noncompliant within 120 days after receiving 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 19.5. Carpet Producer Responsibility Program [42968 - 42968.80] ( Chapter 19.5 added by Stats. 2024, Ch. 675, Sec. 1. ) ## ARTICLE 6. Records, Audits, and Reports [42968.60 - 42968.63] ( Article 6 added by Stats. 2024, Ch. 675, Sec. 1. ) ## 42968.63. (a) No later than 120 days after the date the department receives the annual report submitted by the producer responsibility organization pursuant to Section 42968.62, the department shall notify the producer responsibility organization if the annual report is compliant or noncompliant. (b) If the department determines that the annual report is noncompliant due to failure to meet the requirements of this chapter, then the department may require the resubmittal of the annual report or take enforcement action. (Added by Stats. 2024, Ch. 675, Sec. 1. (AB 863) Effective January 1, 2025.)
  27. 42968.70.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 19.5. Carpet Producer Responsibility Program [42968 - 42968.80] ( Chapter 19.5 added by Stats. 2024, Ch. 675, Sec. 1. ) ## ARTICLE 7. Enforcement [42968.70 - 42968.74] ( Article 7 added by Stats. 2024, Ch. 675, Sec. 1. )

    Verify source ↗

    The department must publish and update a website list of compliant producers, and certain sellers must check that list before selling covered 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 19.5. Carpet Producer Responsibility Program [42968 - 42968.80] ( Chapter 19.5 added by Stats. 2024, Ch. 675, Sec. 1. ) ## ARTICLE 7. Enforcement [42968.70 - 42968.74] ( Article 7 added by Stats. 2024, Ch. 675, Sec. 1. ) ## 42968.70. (a) Within 24 months of the effective date of regulations pursuant to Section 42968.1, 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 products 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 product is in compliance with this chapter. (c) (1) A retailer, importer, distributor, or wholesaler of a covered product shall monitor the department’s internet website to determine if a producer, brand, or covered product is in compliance with this chapter for that brand of covered product. (2) Except as provided in subdivision (d), on and after the date a producer responsibility plan is approved by the department pursuant to Section 42968.30, a retailer, importer, distributor, or wholesaler shall not sell, distribute, offer for sale, or import a covered product in or into the state for sale in the state unless the producer of the covered product is listed as in compliance pursuant to this section for that brand and covered product. (d) Notwithstanding paragraph (2) of subdivision (c), a retailer, importer, or distributor may sell, offer for sale, import, or distribute a covered product if, on the date the retailer or distributor sells or offers for sale the covered product in or into the state, the producer, brand, or covered product was listed as compliant on the department’s internet website. (e) Notwithstanding paragraph (2) of subdivision (c), a retailer or distributor may, for any 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. (f) If the department determines a producer is not in compliance with this chapter, the department shall remove the producer from the list of compliant producers posted on the department’s internet website pursuant to subdivision (a). (g) The department shall list on its internet website a producer, along with its brands and covered products, if the department subsequently determines that the producer is in compliance with this chapter. (Added by Stats. 2024, Ch. 675, Sec. 1. (AB 863) Effective January 1, 2025.)
  28. 42968.71.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 19.5. Carpet Producer Responsibility Program [42968 - 42968.80] ( Chapter 19.5 added by Stats. 2024, Ch. 675, Sec. 1. ) ## ARTICLE 7. Enforcement [42968.70 - 42968.74] ( Article 7 added by Stats. 2024, Ch. 675, Sec. 1. )

    Verify source ↗

    The department may impose daily administrative penalties on covered violators, and it must set up an assessment process with an informal hearing. It may also revoke plan approval, require plan resubmission, or require additional reporting after a written finding of unmet material 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 19.5. Carpet Producer Responsibility Program [42968 - 42968.80] ( Chapter 19.5 added by Stats. 2024, Ch. 675, Sec. 1. ) ## ARTICLE 7. Enforcement [42968.70 - 42968.74] ( Article 7 added by Stats. 2024, Ch. 675, Sec. 1. ) ## 42968.71. (a) An administrative penalty up to the following amounts may be administratively imposed by the department on the producer responsibility organization or a producer who is in violation of any provision of this chapter: (1) Ten thousand dollars ($10,000) per day. (2) Twenty-five thousand dollars ($25,000) per day if the violation is intentional or knowing. (b) In assessing or reviewing the amount of an administrative penalty imposed pursuant to subdivision (a) for a violation of this chapter, the department or the court shall consider all of the following: (1) The nature and extent of the violation. (2) The number and severity of the violation or violations. (3) The economic effect of the penalty on the violator. (4) Whether the violator took good faith measures to comply with this chapter and the period of time over which these measures were taken. (5) The willfulness of the violator’s misconduct. (6) The deterrent effect that the imposition of the penalty would have on both the violator and the regulated community. (7) Any other factor that justice may require. (c) Upon a written finding that a producer responsibility organization, producer, importer, distributor, wholesaler, or any other party regulated has not met a material requirement of this chapter, in addition to any other penalties authorized under this chapter, the department may take one or both of the following actions to ensure compliance with the requirements of this chapter, after affording the producer responsibility organization, producer, importer, distributor, wholesaler, or any other party regulated a reasonable opportunity to respond to, or rebut, the finding: (1) Revoke the producer responsibility organization’s producer responsibility plan approval or require the producer responsibility organization to resubmit the producer responsibility plan. (2) Require additional reporting relating to compliance with the material requirement of this chapter that was not met. (d) The department shall establish, through regulations adopted pursuant to Section 42968.1, a process that shall include an informal hearing process by which the penalties will be assessed. (e) The department shall deposit all penalties collected pursuant to this section into the Carpet Responsibility Penalty Account. Upon appropriation by the Legislature, moneys in the Carpet Responsibility Penalty Account shall be available for expenditure by the department on activities related to the collection and recycling of covered products, grants for related purposes, and the administration and enforcement of this chapter. (f) The Administrative Adjudication Bill of Rights, as set forth in Chapter 4.5 (commencing with Section 11400) 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. 2025, Ch. 67, Sec. 171. (AB 1170) Effective January 1, 2026.)
  29. 42968.72.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 19.5. Carpet Producer Responsibility Program [42968 - 42968.80] ( Chapter 19.5 added by Stats. 2024, Ch. 675, Sec. 1. ) ## ARTICLE 7. Enforcement [42968.70 - 42968.74] ( Article 7 added by Stats. 2024, Ch. 675, Sec. 1. )

    Verify source ↗

    If a producer responsibility organization violates this chapter three or more times, the department may make it permanently ineligible and may revoke its approval.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 19.5. Carpet Producer Responsibility Program [42968 - 42968.80] ( Chapter 19.5 added by Stats. 2024, Ch. 675, Sec. 1. ) ## ARTICLE 7. Enforcement [42968.70 - 42968.74] ( Article 7 added by Stats. 2024, Ch. 675, Sec. 1. ) ## 42968.72. (a) If the producer responsibility organization violates this chapter three or more times, the department may determine the producer responsibility organization permanently ineligible to act as the producer responsibility organization on behalf of producers to design, submit, and administer a producer responsibility plan pursuant to this chapter. (b) If the producer responsibility organization becomes ineligible pursuant to subdivision (a), then the department may revoke approval of the producer responsibility organization pursuant to paragraph (1) of subdivision (c) of Section 42968.71. (Added by Stats. 2024, Ch. 675, Sec. 1. (AB 863) Effective January 1, 2025.)
  30. 42968.73.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 19.5. Carpet Producer Responsibility Program [42968 - 42968.80] ( Chapter 19.5 added by Stats. 2024, Ch. 675, Sec. 1. ) ## ARTICLE 7. Enforcement [42968.70 - 42968.74] ( Article 7 added by Stats. 2024, Ch. 675, Sec. 1. )

    Verify source ↗

    Covered producers and related businesses must let the department inspect facilities and records on request, keep required records for five years, and provide 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 19.5. Carpet Producer Responsibility Program [42968 - 42968.80] ( Chapter 19.5 added by Stats. 2024, Ch. 675, Sec. 1. ) ## ARTICLE 7. Enforcement [42968.70 - 42968.74] ( Article 7 added by Stats. 2024, Ch. 675, Sec. 1. ) ## 42968.73. (a) A producer responsibility organization, producer, retailer, importer, distributor, and wholesaler shall do both of the following: (1) Upon request, provide the department access to its facilities and operations to determine compliance with this chapter. (2) Upon request, provide the department relevant records necessary to determine compliance with this chapter. (b) The records required by this chapter shall be maintained and accessible for five years. All reports and records provided to the department pursuant to this chapter shall be provided under penalty of perjury. (c) The department may impose administrative penalties pursuant to Section 42968.71 on a producer, producer responsibility organization, distributor, retailer, importer, or wholesaler that fails to provide the department with the access required pursuant to this section. (d) The department may post a notice on the department’s internet website that is maintained pursuant to Section 42968.70 that a producer has failed to provide the department with access pursuant to this section and is no longer in compliance with this chapter, along with the producer’s brands and covered products. (Added by Stats. 2024, Ch. 675, Sec. 1. (AB 863) Effective January 1, 2025.)
  31. 42968.74.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 19.5. Carpet Producer Responsibility Program [42968 - 42968.80] ( Chapter 19.5 added by Stats. 2024, Ch. 675, Sec. 1. ) ## ARTICLE 7. Enforcement [42968.70 - 42968.74] ( Article 7 added by Stats. 2024, Ch. 675, Sec. 1. )

    Verify source ↗

    After judicial review time has expired, the department may seek a court judgment to collect unpaid penalties or restitution, and the court clerk must enter the judgment immediately.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 19.5. Carpet Producer Responsibility Program [42968 - 42968.80] ( Chapter 19.5 added by Stats. 2024, Ch. 675, Sec. 1. ) ## ARTICLE 7. Enforcement [42968.70 - 42968.74] ( Article 7 added by Stats. 2024, Ch. 675, Sec. 1. ) ## 42968.74. 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 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. (Amended by Stats. 2025, Ch. 67, Sec. 172. (AB 1170) Effective January 1, 2026.)
  32. 42968.80.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 19.5. Carpet Producer Responsibility Program [42968 - 42968.80] ( Chapter 19.5 added by Stats. 2024, Ch. 675, Sec. 1. ) ## ARTICLE 8. Antitrust Immunity [42968.80- 42968.80.] ( Article 8 added by Stats. 2024, Ch. 675, Sec. 1. )

    Verify source ↗

    Certain actions by a producer or producer responsibility organization are exempt from three listed California competition laws.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 19.5. Carpet Producer Responsibility Program [42968 - 42968.80] ( Chapter 19.5 added by Stats. 2024, Ch. 675, Sec. 1. ) ## ARTICLE 8. Antitrust Immunity [42968.80- 42968.80.] ( Article 8 added by Stats. 2024, Ch. 675, Sec. 1. ) ## 42968.80. (a) An action specified in subdivision (b) that is taken by a producer or producer responsibility organization 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 the producer responsibility organization: (1) The creation, implementation, or management of a producer responsibility plan approved by the department and the determination of the types or quantities of covered products recycled, collected, or otherwise managed pursuant to a producer responsibility plan. (2) The determination of the cost and structure of an approved producer responsibility plan. (3) The establishment, administration, collection, or disbursement of a charge associated with funding the implementation of this chapter. (Added by Stats. 2024, Ch. 675, Sec. 1. (AB 863) Effective January 1, 2025.)
  33. 4297.

    ## 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 3. Mountainous, Forest-, Brush- and Grass-Covered Lands [4291 - 4299] ( Chapter 3 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    The Governor, through the director, may close certain fire-risk lands to hunting, fishing, and general entry when unrestricted use is judged a menace to life or property.

    ## 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 3. Mountainous, Forest-, Brush- and Grass-Covered Lands [4291 - 4299] ( Chapter 3 added by Stats. 1965, Ch. 1144. ) ## 4297. Upon the showing of the director that the unrestricted use of any grass-covered land, grain-covered land, brush-covered land, or forest-covered land is, in the judgment of the director, a menace to life or property due to conditions tending to cause or allow the rapid spread of fires that may occur on the lands or because of the inaccessible character of the lands, the Governor through the director, may, by a proclamation, which declares that condition and designates the area to which, and the period during which the proclamation shall apply, require that the area be closed to hunting and fishing and to entry by a person except a person that is within one of the following classes: (a) Owners and lessees of land in the area. (b) Bona fide residents in the area. (c) Persons engaged in some bona fide business, trade, occupation, or calling in the area and persons employed by them in connection with that business, trade, occupation, or calling. (d) Authorized agents or employees of a public utility entering the area for the purpose of operating or maintaining public utility works or equipment within the area. (e) Members of an organized firefighting force. (f) A federal, state or local officer in the performance of their duties. (g) Persons traveling on public roads or highways through the area. (Amended by Stats. 2021, Ch. 133, Sec. 70. (SB 272) Effective July 23, 2021.)
  34. 42970.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 20. Product Stewardship for Carpets [42970 - 42983.5] ( Chapter 20 added by Stats. 2010, Ch. 681, Sec. 2. )

    Verify source ↗

    This section states the chapter’s purpose: to increase the amount of postconsumer carpet diverted from landfills and recycled into secondary products, or otherwise managed consistently with the state’s waste-management hierarchy.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 20. Product Stewardship for Carpets [42970 - 42983.5] ( Chapter 20 added by Stats. 2010, Ch. 681, Sec. 2. ) ## 42970. The purpose of this chapter is to increase the amount of postconsumer carpet that is diverted from landfills and recycled into secondary products or otherwise managed in a manner that is consistent with the state’s hierarchy for waste management practices pursuant to Section 40051. (Added by Stats. 2010, Ch. 681, Sec. 2. (AB 2398) Effective January 1, 2011. Conditionally inoperative pursuant to Section 42983.5.)
  35. 42971.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 20. Product Stewardship for Carpets [42970 - 42983.5] ( Chapter 20 added by Stats. 2010, Ch. 681, Sec. 2. )

    Verify source ↗

    This section defines key terms used in the carpet stewardship 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 20. Product Stewardship for Carpets [42970 - 42983.5] ( Chapter 20 added by Stats. 2010, Ch. 681, Sec. 2. ) ## 42971. For purposes of this chapter, and unless the context otherwise requires, the following definitions govern the construction of this chapter: (a) “Brand” means a name, symbol, word, or mark that identifies the carpet, rather than its components, and attributes the carpet to the owner or licensee of the brand as the manufacturer. (b) “CARE” means the Carpet America Recovery Effort, a third-party nonprofit carpet stewardship organization incorporated as a nonprofit corporation pursuant to Section 501(c)(3) of Title 26 of the United States Code in 2002 and established to increase the reclamation and stewardship of postconsumer carpet. (c) “CARE MOU” means the 2012 Memorandum of Understanding for Carpet Stewardship, as to be negotiated among the carpet industry, states, and nongovernmental organization stakeholders as a successor to the 2002 memorandum of understanding. (d) (1) “Carpet” means a manufactured article that is used in commercial or residential buildings affixed or placed on the floor or building walking surface as a decorative or functional building interior feature and that is primarily constructed of a top visible surface of synthetic or natural face fibers or yarns or tufts attached to a backing system derived from synthetic or natural materials. (2) “Carpet” includes, but is not limited to, a commercial or a residential broadloom carpet or modular carpet tiles. (3) “Carpet” does not include a rug, pad, cushion, or underlayment used in conjunction with, or separately from, a carpet. (e) “Carpet stewardship organization” or “organization” means either of the following: (1) An organization exempt from taxation under Section 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. Sec. 501(c)(3)) that is appointed by one or more manufacturers to act as an agent on behalf of the manufacturer to design, submit, and administer a carpet stewardship plan pursuant to this chapter. (2) A carpet manufacturer that complies with this chapter as an individual manufacturer. (f) “Carpet stewardship plan” or “plan” means a plan written by an individual manufacturer or a carpet stewardship organization, on behalf of one or more manufacturers, that includes all of the information required by Section 42972. (g) “Consumer” means a purchaser, owner, or lessee of carpet, including a person, business, corporation, limited partnership, nonprofit organization, or governmental entity. (h) “Department” means the Department of Resources Recycling and Recovery. (i) “Label” means a graphic representation of three chasing arrows with a carpet roll inside the arrows, or an alternative design, designed by CARE, after consultation with retailers and wholesalers, and approved by the department for use on all invoices or functionally equivalent billing documents pursuant to paragraph (3) of subdivision (c) of Section 42972. (j) “Manufacturer” means, with regard to a carpet that is sold, offered for sale, or distributed in the state, any of the following: (1) The person who manufactures the carpet and who sells, offers for sale, or distributes that carpet in the state under that person’s own name or brand. (2) If there is no person who sells, offers for sale, or distributes the carpet in the state under the person’s own name or brand, the manufacturer of the carpet is the owner or licensee of a trademark or brand under which the carpet is sold or distributed in the state, whether or not the trademark is registered. (3) If there is no person who is a manufacturer of the carpet for the purpose of paragraphs (1) and (2), the manufacturer of that carpet is the person who imports the carpet into the state for sale or distribution. (k) “Postconsumer carpet” means carpet that is no longer used for its manufactured purpose. (l) “Processor” means a company that uses a process, including, but not limited to, shredding, grinding, sheering, or depolymerization, to convert discarded whole carpet into finished recycled output that is ready to be utilized as an input material for manufacturing products. (m) “Recycling” means the process, consistent with Section 40180, of converting postconsumer carpet into a useful product that meets the quality standards necessary to be used in the marketplace. (n) “Retailer” means a person who offers new carpet in a retail sale, as defined in Section 6007 of the Revenue and Taxation Code, including a retail sale through any means, including remote offerings such as sales outlets, catalogs, or an internet website or other similar electronic means. (o) “Sell” or “sales” means a transfer of title of a carpet for consideration, including a remote sale conducted through a sales outlet, catalog, or internet website or similar electronic means. For purposes of this chapter, “sell” or “sales” includes a lease through which a carpet is provided to a consumer by a manufacturer, wholesaler, or retailer. (p) “Wholesaler” means a person who offers new carpet for sale in this state in a sale that is not a retail sale, as defined in Section 6007 of the Revenue and Taxation Code, and in which the carpet is intended to be resold. (Amended by Stats. 2020, Ch. 370, Sec. 242. (SB 1371) Effective January 1, 2021. Conditionally inoperative pursuant to Section 42983.5.)
  36. 42972.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 20. Product Stewardship for Carpets [42970 - 42983.5] ( Chapter 20 added by Stats. 2010, Ch. 681, Sec. 2. )

    Verify source ↗

    Carpet manufacturers must submit a stewardship plan and the plan must meet detailed recycling, funding, audit, contingency, and notice 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 20. Product Stewardship for Carpets [42970 - 42983.5] ( Chapter 20 added by Stats. 2010, Ch. 681, Sec. 2. ) ## 42972. (a) On or before September 30, 2011, a manufacturer of carpets sold in this state shall, individually or through a carpet stewardship organization, submit a carpet stewardship plan to the department that will do all of the following: (1) Achieve the purposes of this chapter, as described in Section 42970, and meet the requirements of Section 42975. (2) Achieve a 24-percent recycling rate for postconsumer carpet by January 1, 2020, and any other recycling rate established by the department pursuant to Section 42972.2. The carpet stewardship plan shall include quantifiable five-year goals and annual goals for how the recycling rate will be achieved and how the carpet stewardship organization or manufacturer plans to do the following: (A) Increase the weight of postconsumer carpet that is recycled and reduce the disposal of postconsumer carpet. (B) Increase the collection convenience for the recycling of postconsumer carpet and increase the collection of postconsumer carpet for recycling. (C) Expand and incentivize markets for products made from postconsumer carpet. (D) Increase processor capacity, including processor capacity in California. (E) Increase the recyclability of carpet. (3) Describe proposed measures that will enable the management of postconsumer carpet in a manner consistent with the state’s solid waste management hierarchy, including, but not limited to, source reduction, source separation and processing to segregate and recover recyclable materials, and environmentally safe management of materials that cannot feasibly be recycled. (4) (A) Include a funding mechanism, consistent with subdivision (c), that provides sufficient funding to carry out the plan, including the administrative, operational, and capital costs of the plan, the requirements of Section 42972.7, payment of fees pursuant to Section 42977, and incentive payments that will advance the purposes of this chapter, including incentives or grants to state-approved apprenticeship programs for training apprentice and journey-level carpet installers in proper carpet recycling practices. Any grants or subsidies provided for the recycling of postconsumer carpet shall be structured to incentivize the recycling of carpet materials that have the highest recyclability. The funding mechanism shall account for the need to provide the industry, including carpet installation contractors, with fair notice of changes to the amount of the carpet stewardship assessment established pursuant to subdivision (c). (B) Consistent with subparagraph (A), commencing with the fiscal year beginning July 1, 2025, and for each fiscal year thereafter, the program shall allocate 8 percent of assessments collected pursuant to subdivision (c), as determined by the department, for grants to apprenticeship programs, subject to the requirements and conditions of this section. Any portion of the 8 percent that is not awarded and used in a fiscal year shall be credited to the amount to be allocated or awarded in the following fiscal year pursuant to this section, thereby reducing the amount allocated or awarded in the following fiscal year by the amount of the credit. (C) An apprenticeship program shall apply to the producer responsibility organization for a grant. The apprenticeship program shall submit a report to the producer responsibility organization and the department outlining its expenditure of the grant funds for purposes of this program prior to receipt of new grants. (5) Include education and outreach efforts to consumers, commercial building owners, carpet installation contractors, and retailers to promote their participation in achieving the purposes of the carpet stewardship plan as described in paragraph (1). These education and outreach materials may include, but are not limited to, any of the following: (A) Signage that is prominently displayed and easily visible to the consumer. (B) Written materials and templates of materials for reproduction by retailers to be provided to carpet installation contractors and consumers at the time of purchase or delivery or both. (C) Promotional materials or activities, or both, that explain the purpose of carpet stewardship and the means by which it is being carried out. (6) Include a process by which the financial activities of the organization or individual manufacturer that are related to implementation of the plan will be subject to an independent audit consistent with Generally Accepted Accounting Principles (GAAP), which shall be reviewed by the department. (7) (A) Include a contingency plan should the plan expire without approval of a new plan or should the plan be revoked. The contingency plan shall demonstrate how the activities in the plan will continue to be carried out in the absence of a plan by the department through some other entity, such as an escrow company, consistent with Section 42972.7. (B) The contingency plan shall guarantee that the contracts, financial data, and other necessary authority and assets to operate the program shall vest in a trustee approved by the department. The trustee shall operate the most recently approved carpet stewardship plan, subject to the direction of the department, until that time as a new carpet stewardship plan is approved. Upon the carpet stewardship plan expiration or revocation of the carpet stewardship plan, the balance of the carpet stewardship organization’s operating reserves collected pursuant to this chapter shall be transferred to the control of the trustee within five calendar days, along with all documents, digital records, contracts, and files related to the operation of the carpet stewardship plan. (8) A mechanism for submitting a successor carpet stewardship plan to the department no less than 12 months before the expiration of the submitted carpet stewardship plan. If a carpet stewardship organization fails to submit a successor carpet stewardship plan at least 12 months before the expiration of the carpet stewardship plan, then the carpet stewardship organization shall, upon the expiration of the submitted carpet stewardship plan, cease being the stewardship organization, for purposes of this chapter. (b) The plan prepared pursuant to this section shall be designed to accept and manage all suitable postconsumer carpet, regardless of polymer type or primary materials of construction. (c) (1) In recognition that the material makeup and construction of postconsumer carpet affects the technical and economic recyclability of carpet, the funding mechanism required pursuant to paragraph (4) of subdivision (a) shall establish and be composed of a system of differential assessments that takes into account the financial burden that a particular carpet material has on the stewardship program, and the amount of postconsumer recycled content contained in a particular carpet. Based on market history and modeling, if a certain carpet material requires a higher subsidy to incentivize use in the marketplace, then that material shall have a proportionally higher assessment assigned to it. The assessment shall be remitted to the carpet stewardship organization on a quarterly basis and the carpet stewardship organization may expend the assessment only to carry out the plan. (2) The amount of the assessment and the anticipated revenues from the assessment shall be specified in the plan and shall be approved by the department as part of the plan. The amount of the assessment shall be sufficient to meet, but not exceed, the anticipated cost of carrying out the plan. The amount of the assessment shall not create an unfair advantage in the marketplace. (3) The assessment established pursuant to this subdivision is exempt from the taxes imposed by Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code and shall meet both of the following requirements: (A) The assessment shall be added by a manufacturer to the purchase price of all carpet sold by manufacturers to a California retailer or wholesaler or otherwise sold for use in the state. The assessment shall be clearly visible on invoices or functionally equivalent billing documents as a separate line item and shall be accompanied by a brief description of the assessment or a label approved by the department. (B) Each retailer and wholesaler shall add the assessment to the purchase price of all carpet sold in the state. The assessment shall be clearly visible on invoices or functionally equivalent billing documents as a separate line item and shall be accompanied by a brief description of the assessment or a label approved by the department. (4) It is the intent of the Legislature that the amount of the assessment be reduced by the stewardship organization as the carpet stewardship program is implemented over time and becomes more efficient. (5) (A) If the amount of the assessment is insufficient to fund the carpet stewardship program, the stewardship organization shall submit a plan update to the department for approval, conditional approval, or disapproval to increase the assessment. (B) If the assessment generates a fund balance at the end of a program year that is greater than one year’s operating costs of the carpet stewardship program, the stewardship organization shall submit a plan update to the department for approval, conditional approval, or disapproval to reduce the assessment. (6) A carpet stewardship organization shall not expend funds from the assessment for any of the following purposes: (A) Penalties imposed pursuant to Section 42978. (B) Costs associated with litigation against the state. (C) Engineered municipal solid waste conversion, as defined in Section 40131.2, the use of cement kilns to burn carpet, or transformation, as defined in Section 40201. (d) A carpet stewardship organization that submits a plan pursuant to this section shall consult with retailers and wholesalers in the development of the plan, in order to minimize the impacts of the plan on retailers and wholesalers. (e) A carpet stewardship organization shall notify the department within 30 days after instituting a significant or material change to an approved carpet stewardship plan. (Amended by Stats. 2024, Ch. 675, Sec. 2. (AB 863) Effective January 1, 2025. Conditionally inoperative pursuant to Section 42983.5.)
  37. 42972.1.

    ## 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 20. Product Stewardship for Carpets [42970 - 42983.5] ( Chapter 20 added by Stats. 2010, Ch. 681, Sec. 2. )

    Verify source ↗

    This section sets up an advisory committee for carpet stewardship plans and requires certain organizations or manufacturers to send draft materials early, consider the committee’s recommendations, and explain any inability to follow 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 20. Product Stewardship for Carpets [42970 - 42983.5] ( Chapter 20 added by Stats. 2010, Ch. 681, Sec. 2. ) ## 42972.1. (a) The Director of Resources Recycling and Recovery shall appoint members to an advisory committee, which shall make recommendations on carpet stewardship plans submitted to the department pursuant to Section 42972. The Speaker of the Assembly and the Senate Committee on Rules shall each appoint one additional member to the advisory committee. The advisory committee may be composed of, among others, individuals in the environmental community, the solid waste industry, and local government, public or private representatives involved in the collection, processing, and recycling of carpet, and other interested parties as determined by the Director of Resources Recycling and Recovery. The Director of Resources Recycling and Recovery shall appoint to the advisory committee one member who represents carpet manufacturers and at least one member who is a representative of either the Southern California Resilient Floor and Decorative Covering Crafts Joint Apprenticeship and Training Committee or the Northern California Floor Covering Finishing Trades Institute Joint Apprenticeship Training Committee. (b) A carpet stewardship organization or manufacturer, as applicable, shall provide to the advisory committee a copy of the carpet stewardship plan or amendments to the plan no less than 30 days before submitting the carpet stewardship plan or amendments to the plan to the department pursuant Section 42972. A carpet stewardship organization or manufacturer, as applicable, shall provide to the advisory committee a copy of the annual report required pursuant to Section 42976 no less than 30 days before submitting the annual report to the department. The advisory committee shall provide comments and recommendations to the carpet stewardship organization or manufacturer and to the department based on their review of the materials. (c) A carpet stewardship organization or manufacturer, as applicable, shall incorporate to the extent feasible the advisory committee’s recommendations into the carpet stewardship plan, amendments to the plan, or annual report before submitting the plan, amendments to the plan, or annual report to the department. If the carpet stewardship organization or manufacturer is unable to incorporate the recommendations, it shall provide a written explanation to the department and the advisory committee. The explanation shall detail whether the carpet stewardship organization or manufacturer plans to incorporate the recommendations into a subsequent carpet stewardship plan, subsequent amendments to the plan, or a subsequent annual report. (d) A member of the advisory committee shall serve without compensation, but shall be reimbursed for actual and necessary travel and other expenses incurred in the performance of his or her official duties. (Added by Stats. 2017, Ch. 794, Sec. 3. (AB 1158) Effective January 1, 2018. Conditionally inoperative pursuant to Section 42983.5.)
  38. 42972.2.

    ## 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 20. Product Stewardship for Carpets [42970 - 42983.5] ( Chapter 20 added by Stats. 2010, Ch. 681, Sec. 2. )

    Verify source ↗

    The department must review the carpet recycling rate and program goals starting no earlier than January 1, 2020, and at least every three years, and may adjust them based on specified 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 20. Product Stewardship for Carpets [42970 - 42983.5] ( Chapter 20 added by Stats. 2010, Ch. 681, Sec. 2. ) ## 42972.2. (a) The Legislature hereby declares that it is the goal of the state to reach a 24-percent recycling rate for postconsumer carpet by January 1, 2020, and to meet or exceed that rate continually thereafter. (b) No sooner than January 1, 2020, and no less frequently than every three years thereafter, the department shall review and may adjust the recycling rate and program goals set forth in paragraph (2) of subdivision (a) of Section 42972, based on information included in carpet stewardship plans and annual reports, other information provided by carpet stewardship organizations, and economic and any other relevant information. (Added by Stats. 2017, Ch. 794, Sec. 4. (AB 1158) Effective January 1, 2018. Conditionally inoperative pursuant to Section 42983.5.)
  39. 42972.3.

    ## 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 20. Product Stewardship for Carpets [42970 - 42983.5] ( Chapter 20 added by Stats. 2010, Ch. 681, Sec. 2. )

    Verify source ↗

    The department may audit a carpet stewardship organization or individual manufacturer annually, and covered parties must produce requested records or data during audits or third-party audit reviews.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 20. Product Stewardship for Carpets [42970 - 42983.5] ( Chapter 20 added by Stats. 2010, Ch. 681, Sec. 2. ) ## 42972.3. (a) The department may audit the carpet stewardship organization or an individual manufacturer annually. (b) It is a violation of this chapter for the carpet stewardship organization, manufacturer, or their respective agent who holds records to fail to produce, as part of a department audit or review of a third-party audit, documents or data that is requested by the department or documents or data that is required to be collected or generated to carry out operation of the carpet stewardship plan in the form and manner determined by the department. (Added by Stats. 2024, Ch. 675, Sec. 3. (AB 863) Effective January 1, 2025. Conditionally inoperative pursuant to Section 42983.5.)
  40. 42972.7.

    ## 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 20. Product Stewardship for Carpets [42970 - 42983.5] ( Chapter 20 added by Stats. 2010, Ch. 681, Sec. 2. )

    Verify source ↗

    A carpet stewardship organization must create and fund a trust or escrow account, and the trustee or escrow agent must handle payments if the plan ends or is revoked.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 20. Product Stewardship for Carpets [42970 - 42983.5] ( Chapter 20 added by Stats. 2010, Ch. 681, Sec. 2. ) ## 42972.7. (a) (1) A carpet stewardship organization, as part of its carpet stewardship plan, shall set up a trust fund or an escrow account, into which it shall deposit all unexpended funds and ongoing consumer assessments, for use in accordance with this section in the event that the plan terminates or is revoked. (2) For purposes of this subdivision, “unexpended funds” means assessment money in the stewardship organization’s accounts that the stewardship organization is not already obligated to pay pursuant to a contract, claim, or similar mechanism. (b) If a carpet stewardship plan terminates or is revoked, the trustee or escrow agent of a trust fund or escrow account set up pursuant to subdivision (a) shall do both of the following, starting within 30 days: (1) Accept carpet stewardship assessment payments directly from manufacturers into the trust fund or escrow account that would have been made to the stewardship organization prior to the carpet stewardship plan’s termination or revocation. (2) Make payments from the trust fund or escrow account as the department shall direct, in writing, to implement the most recently approved plan. (c) If a new carpet stewardship plan has not been approved by the department within one year after termination or revocation, the department may make modifications to the previously approved plan, as it deems necessary, and continue to direct payments from the trust fund or escrow account in accordance with paragraph (2) of subdivision (b) to implement the modified plan. (d) A trustee or escrow agent in possession of assessment funds shall, as directed by the department, transfer those funds to a successor carpet stewardship organization with an approved plan. (Added by Stats. 2019, Ch. 680, Sec. 4. (AB 729) Effective January 1, 2020. Conditionally inoperative pursuant to Section 42983.5.)
  41. 42973.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 20. Product Stewardship for Carpets [42970 - 42983.5] ( Chapter 20 added by Stats. 2010, Ch. 681, Sec. 2. )

    Verify source ↗

    The department must review carpet stewardship plans within 60 days, decide whether they comply with Section 42972, and notify the submitter. If it disapproves a plan, it must explain why. The submitter may revise and resubmit a disapproved plan within 60 days, but plans not approved by March 31, 2012 face noncompliance and penalties under Section 42978 until 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 20. Product Stewardship for Carpets [42970 - 42983.5] ( Chapter 20 added by Stats. 2010, Ch. 681, Sec. 2. ) ## 42973. (a) (1) Within 60 days after the department receives a plan submitted pursuant to Section 42972, it shall review the plan, determine whether it complies with Section 42972, and notify the submitter of its decision to approve or not approve the plan. (2) On or after April 1, 2015, an organization appointed by one or more manufacturers to act as an agent on behalf of the manufacturer to design, submit, and administer a carpet stewardship plan pursuant to this chapter may submit a plan to the department pursuant to Section 42972 and that plan may be approved by the department, subject to the requirements of paragraph (1), only if the department makes both of the following findings: (A) The plan will not have the effect of reducing the level of diversion and recycling of postconsumer carpet that has been achieved pursuant to this chapter at the time the department reviews the plan. (B) The amount of the assessment in the plan will not create an unfair advantage in the marketplace for one or more of the companies in the organization. (b) If the department does not approve the plan, it shall describe the reasons for its disapproval in the notice. The submitter may revise and resubmit the plan within 60 days after receiving notice of disapproval and the department shall review and approve or not approve the revised plan within 60 days after receipt. Any plan not approved by March 31, 2012, shall be out of compliance with this chapter and the submitter of the plan is subject to the penalties specified in Section 42978 until the plan is approved by the department. (Added by Stats. 2010, Ch. 681, Sec. 2. (AB 2398) Effective January 1, 2011. Conditionally inoperative pursuant to Section 42983.5.)
  42. 42973.5.

    ## 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 20. Product Stewardship for Carpets [42970 - 42983.5] ( Chapter 20 added by Stats. 2010, Ch. 681, Sec. 2. )

    Verify source ↗

    A carpet stewardship organization must give the department data needed to evaluate the program.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 20. Product Stewardship for Carpets [42970 - 42983.5] ( Chapter 20 added by Stats. 2010, Ch. 681, Sec. 2. ) ## 42973.5. A carpet stewardship organization shall provide to the department all data necessary for the department to evaluate the effectiveness of the program as it is described in the carpet stewardship plan and in annual reports submitted by the carpet stewardship organization. This data shall include, but is not limited to, the costs of collection and of processing and recycling postconsumer carpet, and any other data necessary to determine whether the amount of the assessment, as proposed in the stewardship plan pursuant to subdivision (c) of Section 42972, will be sufficient to achieve the goals of this chapter and the goals established in the carpet stewardship plan. (Added by Stats. 2017, Ch. 794, Sec. 6. (AB 1158) Effective January 1, 2018. Conditionally inoperative pursuant to Section 42983.5.)
  43. 42973.7.

    ## 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 20. Product Stewardship for Carpets [42970 - 42983.5] ( Chapter 20 added by Stats. 2010, Ch. 681, Sec. 2. )

    Verify source ↗

    A carpet stewardship organization must include specified nonvoting board members and pay their travel and related meeting expenses.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 20. Product Stewardship for Carpets [42970 - 42983.5] ( Chapter 20 added by Stats. 2010, Ch. 681, Sec. 2. ) ## 42973.7. (a) A carpet stewardship organization shall include nonvoting board members with representation from the following types of entities: (1) A circular economy environmental nongovernmental organization. (2) A retailer that sells covered products. (3) A labor representative from a floor covering joint apprenticeship program in northern California that is approved by the Division of Apprenticeship Standards. (4) A labor representative from a floor covering joint apprenticeship program in southern California that is approved by the Division of Apprenticeship Standards. (b) A carpet stewardship organization shall pay the travel costs and other expenses for the nonvoting members identified in subdivision (a) to participate in all board meetings. (Added by Stats. 2024, Ch. 675, Sec. 4. (AB 863) Effective January 1, 2025. Conditionally inoperative pursuant to Section 42983.5.)
  44. 42973.9.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 20. Product Stewardship for Carpets [42970 - 42983.5] ( Chapter 20 added by Stats. 2010, Ch. 681, Sec. 2. )

    Verify source ↗

    A carpet stewardship organization must manage the carpet stewardship plan and may not delegate board responsibilities or plan decision-making to non-board members.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 20. Product Stewardship for Carpets [42970 - 42983.5] ( Chapter 20 added by Stats. 2010, Ch. 681, Sec. 2. ) ## 42973.9. A carpet stewardship organization shall be responsible for a carpet stewardship plan and shall make decisions regarding the implementation of a carpet stewardship plan, consistent with this chapter. A carpet stewardship organization shall not delegate any responsibility of its board of directors, or any decisionmaking responsibility regarding a carpet stewardship plan, to a person who is not a member of its board of directors. (Added by Stats. 2024, Ch. 675, Sec. 5. (AB 863) Effective January 1, 2025. Conditionally inoperative pursuant to Section 42983.5.)
  45. 42974.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 20. Product Stewardship for Carpets [42970 - 42983.5] ( Chapter 20 added by Stats. 2010, Ch. 681, Sec. 2. )

    Verify source ↗

    The department must enforce this chapter, post compliance notices, and some carpet sellers must check the department website for compliant manufacturers.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 20. Product Stewardship for Carpets [42970 - 42983.5] ( Chapter 20 added by Stats. 2010, Ch. 681, Sec. 2. ) ## 42974. (a) The department shall enforce this chapter. (b) On and after April 1, 2012, a manufacturer, wholesaler, or retailer that offers a carpet for sale in this state, or who offers a carpet for promotional purposes in this state, is not in compliance with this chapter and is subject to penalties pursuant to Section 42978, if the carpet is not subject to a plan that is submitted by an organization that includes the manufacturer of that carpet, which plan has been approved by the department pursuant to Section 42973. (c) (1) On July 1, 2012, and not later than January 1 and July 1 annually thereafter, the department shall post a notice on its internet website listing manufacturers that are in compliance with this chapter. (2) A manufacturer that is not listed on the department’s internet website pursuant to this subdivision, but demonstrates to the satisfaction of the department that the manufacturer is in compliance with this chapter before the next notice is required to be posted, may request a certification letter from the department stating that the manufacturer is in compliance. The letter shall constitute proof of compliance with this chapter. (d) A wholesaler or retailer that distributes or sells carpet shall monitor the department’s internet website to determine if the sale of a manufacturer’s carpet is in compliance with the requirements of this chapter. Notwithstanding Section 42978, a wholesaler or retailer otherwise in compliance with this chapter shall be deemed in compliance with this section if, on the date the wholesaler or retailer ordered or purchased carpet, the manufacturer was listed as a compliant manufacturer on the department’s internet website. (e) If a carpet stewardship plan that was previously approved by the department pursuant to Section 42973 terminates or is revoked, the department may allow a manufacturer that is no longer subject to that plan because the plan terminated or was revoked to continue to sell carpet in California for a period of one year after the plan terminated or was revoked, without being subject to penalties pursuant to this section or Section 42978, if the manufacturer does either of the following: (1) The manufacturer continues to operate under the most recent approved carpet stewardship plan that the manufacturer was subject to and makes assessment payments to the trust fund or escrow account as provided for in paragraph (1) of subdivision (b) of Section 42972.7. (2) The manufacturer provides the department with an alternative carpet recycling plan governing its own products that are sold in California, and the department approves the manufacturer’s alternative carpet recycling plan. (Amended by Stats. 2019, Ch. 680, Sec. 5. (AB 729) Effective January 1, 2020. Conditionally inoperative pursuant to Section 42983.5.)
  46. 42975.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 20. Product Stewardship for Carpets [42970 - 42983.5] ( Chapter 20 added by Stats. 2010, Ch. 681, Sec. 2. )

    Verify source ↗

    A carpet stewardship organization must report by September 1 each year to the department that it has met recycling and disposal-reduction goals in its stewardship plan.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 20. Product Stewardship for Carpets [42970 - 42983.5] ( Chapter 20 added by Stats. 2010, Ch. 681, Sec. 2. ) ## 42975. (a) In order to achieve compliance with this chapter, a carpet stewardship organization shall, on or before September 1 of each year, demonstrate to the department that it has achieved the amount and rates of recycling and a reduction in disposal of postconsumer carpet subject to its stewardship plan and the other goals included in the organization’s plan pursuant to paragraph (2) of subdivision (a) of Section 42972. In determining compliance, the department shall consider all of the following: (1) The baseline rate of compliance against which the demonstrated improvement is compared, including progress in achieving the goals outlined in subparagraphs (A) to (E), inclusive, of paragraph (2) of subdivision (a) of Section 42972. (2) The quantifiable five-year goals and annual goals included in the carpet stewardship plan pursuant to paragraph (2) of subdivision (a) of Section 42972. (3) Information provided in the organization’s report to the department pursuant to Section 42976. (b) If more than one organization submits a carpet stewardship plan pursuant to this chapter, the department shall use information submitted by the organization in its annual report pursuant to Section 42976 to determine to what extent the recycling rates, the reductions in disposal rates, and the achievement of the other goals included in the plan are attributable to each organization and shall determine compliance with this chapter accordingly. (Amended by Stats. 2018, Ch. 340, Sec. 1. (AB 2097) Effective January 1, 2019. Conditionally inoperative pursuant to Section 42983.5.)
  47. 42976.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 20. Product Stewardship for Carpets [42970 - 42983.5] ( Chapter 20 added by Stats. 2010, Ch. 681, Sec. 2. )

    Verify source ↗

    Carpet manufacturers must file an annual report with the department by September 1, either directly or through a carpet 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 20. Product Stewardship for Carpets [42970 - 42983.5] ( Chapter 20 added by Stats. 2010, Ch. 681, Sec. 2. ) ## 42976. On or before September 1 of each year, a manufacturer of carpet sold in the state shall, individually or through a carpet stewardship organization, submit to the department a report describing its activities to achieve the purposes of this chapter, as described in Section 42970, and to comply with Section 42975. At a minimum, the report shall include all of the following: (a) The amount of carpet sold by square yards and weight, in the state during the reporting period. A carpet stewardship organization with more than one manufacturer may use average weight. (b) The amount of postconsumer carpet recycled, by weight, during the reporting period. (c) The amount of postconsumer carpet recovered but not recycled, by weight, and its ultimate disposition. (d) The total cost of implementing the carpet stewardship plan. (e) An evaluation of the effectiveness of the carpet stewardship plan, and anticipated steps, if needed, to improve performance. (f) Examples of educational materials that were provided to consumers during the reporting period. (Amended by Stats. 2018, Ch. 340, Sec. 2. (AB 2097) Effective January 1, 2019. Conditionally inoperative pursuant to Section 42983.5.)
  48. 42977.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 20. Product Stewardship for Carpets [42970 - 42983.5] ( Chapter 20 added by Stats. 2010, Ch. 681, Sec. 2. )

    Verify source ↗

    Carpet stewardship organizations that submit a carpet stewardship plan must pay quarterly fees to the department, and the department must set and collect those fees to cover program 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 20. Product Stewardship for Carpets [42970 - 42983.5] ( Chapter 20 added by Stats. 2010, Ch. 681, Sec. 2. ) ## 42977. (a) The carpet stewardship organization submitting a carpet stewardship plan shall pay the department a quarterly administrative fee. The department shall set the fee at an amount that, when paid by every carpet stewardship organization that submits a carpet stewardship plan, is adequate to cover the department’s full costs of administering and enforcing this chapter, including any program development costs or regulatory costs incurred by the department prior to carpet stewardship plans being submitted. The department may establish a variable fee based on relevant factors, including, but not limited to, the portion of carpets sold in the state by members of the organization compared to the total amount of carpet sold in the state by all organizations submitting a carpet stewardship plan. (b) The total amount of fees collected annually pursuant to this section shall not exceed the amount necessary to recover costs incurred by the department in connection with the administration and enforcement of the requirements of this chapter. (c) The department shall identify the direct development or regulatory costs it incurs pursuant to this chapter prior to the submittal of a carpet stewardship plan and shall establish a fee in an amount adequate to cover those costs, which shall be paid by a carpet stewardship organization that submits a carpet stewardship plan. The fee established pursuant to this subdivision shall be paid pursuant to the schedule specified in subdivision (d). (d) A carpet stewardship organization subject to this section shall pay a quarterly fee to the department to cover the administrative and enforcement costs of the requirements of this chapter pursuant to subdivision (a) on or before July 1, 2012, and every three months thereafter and the applicable portion of the fee pursuant to subdivision (c) on July 1, 2012, and every three months thereafter through July 1, 2014. (e) The department shall deposit the fees collected pursuant to this section into the Carpet Stewardship Account created pursuant to Section 42977.1. (Amended by Stats. 2019, Ch. 680, Sec. 6. (AB 729) Effective January 1, 2020. Conditionally inoperative pursuant to Section 42983.5.)
  49. 42977.1.

    ## 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 20. Product Stewardship for Carpets [42970 - 42983.5] ( Chapter 20 added by Stats. 2010, Ch. 681, Sec. 2. )

    Verify source ↗

    This section creates two accounts in the Integrated Waste Management Fund and directs where fees and civil penalties collected under the article must be deposited. The department may spend those funds only with legislative appropriation and for chapter implementation 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 20. Product Stewardship for Carpets [42970 - 42983.5] ( Chapter 20 added by Stats. 2010, Ch. 681, Sec. 2. ) ## 42977.1. (a) The Carpet Stewardship Account and the Carpet Stewardship Penalty Subaccount are hereby established in the Integrated Waste Management Fund. (b) All fees collected by the department pursuant to this article shall be deposited in the Carpet Stewardship Account and may be expended by the department, upon appropriation by the Legislature, to cover the department’s costs to implement this chapter. (c) All civil penalties collected pursuant to this article shall be deposited in the Carpet Stewardship Penalty Subaccount and may be expended by the department, upon appropriation by the Legislature, to cover the department’s costs to implement this chapter. (Added by Stats. 2010, Ch. 681, Sec. 2. (AB 2398) Effective January 1, 2011. Conditionally inoperative pursuant to Section 42983.5.)
  50. 42978.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 20. Product Stewardship for Carpets [42970 - 42983.5] ( Chapter 20 added by Stats. 2010, Ch. 681, Sec. 2. )

    Verify source ↗

    The department may impose civil penalties for violating this chapter, with higher daily penalties for intentional, knowing, or negligent 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 20. Product Stewardship for Carpets [42970 - 42983.5] ( Chapter 20 added by Stats. 2010, Ch. 681, Sec. 2. ) ## 42978. (a) A civil penalty up to the following amounts may be administratively imposed by the department on any person who is in violation of any provision of this chapter: (1) Ten thousand dollars ($10,000) per day. (2) Twenty-five thousand dollars ($25,000) per day if the violation is intentional, knowing, or negligent. (b) In assessing or reviewing the amount of a civil penalty imposed pursuant to subdivision (a) for a violation of this chapter, the department or the court shall consider all of the following: (1) The nature and extent of the violation. (2) The number and severity of the violation or violations. (3) The economic effect of the penalty on the violator. (4) Whether the violator took good faith measures to comply with this chapter and the period of time over which these measures were taken. (5) The willfulness of the violator’s misconduct. (6) The deterrent effect that the imposition of the penalty would have on both the violator and the regulated community. (7) Any other factor that justice may require. (Amended by Stats. 2024, Ch. 675, Sec. 6. (AB 863) Effective January 1, 2025. Conditionally inoperative pursuant to Section 42983.5.)
  51. 42979.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 20. Product Stewardship for Carpets [42970 - 42983.5] ( Chapter 20 added by Stats. 2010, Ch. 681, Sec. 2. )

    Verify source ↗

    This section preserves the Department of Toxic Substances Control’s authority over carpet regulation and tells it to consider carpet-industry measures before deciding whether to include carpet in a product registry or otherwise regulate carpet.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 20. Product Stewardship for Carpets [42970 - 42983.5] ( Chapter 20 added by Stats. 2010, Ch. 681, Sec. 2. ) ## 42979. (a) This chapter does not limit, supersede, duplicate, or otherwise conflict with the authority of the Department of Toxic Substances Control under Section 25257.1 of the Health and Safety Code to fully implement Article 14 (commencing with Section 25251) of Chapter 6.5 of Division 20 of the Health and Safety Code, including the authority of the department to include a carpet in a product registry adopted pursuant to that article. (b) Notwithstanding subdivision (a), the Department of Toxic Substances Control shall fully consider the measures taken by the carpet industry pursuant to this chapter, and the results of those measures, when considering whether to include carpet in a product registry adopted pursuant to, or to otherwise regulate carpet pursuant to, Article 14 (commencing with Section 25251) of Chapter 6.5 of Division 20 of the Health and Safety Code. (Added by Stats. 2010, Ch. 681, Sec. 2. (AB 2398) Effective January 1, 2011. Conditionally inoperative pursuant to Section 42983.5.)
  52. 4298.

    ## 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 3. Mountainous, Forest-, Brush- and Grass-Covered Lands [4291 - 4299] ( Chapter 3 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    If the Governor issues a proclamation closing an area, the proclamation and closure notices must be released, published, and posted as specified.

    ## 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 3. Mountainous, Forest-, Brush- and Grass-Covered Lands [4291 - 4299] ( Chapter 3 added by Stats. 1965, Ch. 1144. ) ## 4298. The proclamation by the Governor shall be released to the wire news services in the state, and shall be published at least once in a newspaper of general circulation in each county which contains any lands covered by the proclamation. Notice of closure shall also be posted on trails or roads entering the area covered by the proclamation. The closure shall be effective upon issuance of the proclamation by the Governor. Each notice shall clearly set forth the area to be subject to closure and the effective date of such closure. The closure shall remain in full force and effect until the Governor shall by order terminate it. The notice of such termination shall follow the same procedure by which such closure was effected. The order of termination shall be effected upon issuance. (Added by Stats. 1965, Ch. 1144.)
  53. 42980.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 20. Product Stewardship for Carpets [42970 - 42983.5] ( Chapter 20 added by Stats. 2010, Ch. 681, Sec. 2. )

    Verify source ↗

    If the department finds noncompliance by a carpet stewardship organization or manufacturer, it may adopt regulations through a public process requiring specific corrective 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 20. Product Stewardship for Carpets [42970 - 42983.5] ( Chapter 20 added by Stats. 2010, Ch. 681, Sec. 2. ) ## 42980. If the department determines that a carpet stewardship organization or manufacturer has not complied with one or more of the requirements of this chapter, the department may, through a public process, adopt regulations that establish requirements for carpet stewardship organizations and manufacturers to take specific actions in order to bring the carpet stewardship organization or manufacturer into compliance with this chapter. (Added by Stats. 2024, Ch. 675, Sec. 7. (AB 863) Effective January 1, 2025. Conditionally inoperative pursuant to Section 42983.5.)
  54. 42981.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 20. Product Stewardship for Carpets [42970 - 42983.5] ( Chapter 20 added by Stats. 2010, Ch. 681, Sec. 2. )

    Verify source ↗

    Carpet stewardship organizations and their members are exempt from antitrust violations for certain actions related to approved carpet stewardship plans and assessments, but not for price-fixing, output restrictions, or market allocation agreements.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 20. Product Stewardship for Carpets [42970 - 42983.5] ( Chapter 20 added by Stats. 2010, Ch. 681, Sec. 2. ) ## 42981. (a) Except as provided in subdivision (b), any action by a carpet stewardship organization or its members 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): (1) The creation, implementation, or management of a carpet stewardship plan approved by the department pursuant to Section 42973 and the types or quantities of carpet being recycled or otherwise managed as described in Section 42970. (2) The cost and structure of an approved carpet stewardship plan. (3) The establishment, administration, or disbursement of a carpet stewardship assessment as described in Section 42972. (b) Subdivision (a) does not apply to an agreement that does any of the following: (1) Fixes a price of or for carpet, except for any agreement related to a carpet stewardship assessment pursuant to a carpet stewardship plan approved by the department and otherwise in accordance with this chapter. (2) Fixes the output of production of carpet. (3) Restricts the geographic area in which, or customers to whom, carpet will be sold. (Amended by Stats. 2019, Ch. 680, Sec. 8. (AB 729) Effective January 1, 2020. Conditionally inoperative pursuant to Section 42983.5.)
  55. 42982.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 20. Product Stewardship for Carpets [42970 - 42983.5] ( Chapter 20 added by Stats. 2010, Ch. 681, Sec. 2. )

    Verify source ↗

    The Department of General Services must take feasible steps, within existing resources, to make sure state-building carpet waste is handled consistently with this chapter and to set and publish a minimum postconsumer-content amount for carpet bought by state agencies by July 1, 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 20. Product Stewardship for Carpets [42970 - 42983.5] ( Chapter 20 added by Stats. 2010, Ch. 681, Sec. 2. ) ## 42982. The Department of General Services shall, to the extent feasible and within existing resources, take appropriate steps, including, but not limited to, revising relevant procurement rules, to ensure both of the following requirements are satisfied: (a) Postconsumer carpet that is removed from state buildings is managed in a manner consistent with the purpose of this chapter. (b) Carpet purchased by a state agency contains a minimum amount of postconsumer content that shall be determined by the Department of General Services and published in the State Contracting Manual by July 1, 2018. (Amended by Stats. 2017, Ch. 794, Sec. 9. (AB 1158) Effective January 1, 2018. Conditionally inoperative pursuant to Section 42983.5.)
  56. 42983.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 20. Product Stewardship for Carpets [42970 - 42983.5] ( Chapter 20 added by Stats. 2010, Ch. 681, Sec. 2. )

    Verify source ↗

    The Legislature states an intent to review federal laws about postconsumer carpet management and consider whether they achieve at least the same landfill diversion and recycling levels in California as 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 20. Product Stewardship for Carpets [42970 - 42983.5] ( Chapter 20 added by Stats. 2010, Ch. 681, Sec. 2. ) ## 42983. It is the intent of the Legislature to review any federal law that has the purpose of managing postconsumer carpet in a manner consistent with this chapter and to consider the extent to which the program created by that federal law will, at a minimum, achieve the same levels of landfill diversion and recycling of postconsumer carpet in California as this chapter. (Added by Stats. 2010, Ch. 681, Sec. 2. (AB 2398) Effective January 1, 2011. Conditionally inoperative pursuant to Section 42983.5.)
  57. 42983.5.

    ## 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 20. Product Stewardship for Carpets [42970 - 42983.5] ( Chapter 20 added by Stats. 2010, Ch. 681, Sec. 2. )

    Verify source ↗

    This chapter ends once the listed department actions and notices are completed, and the department must post the letter 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 20. Product Stewardship for Carpets [42970 - 42983.5] ( Chapter 20 added by Stats. 2010, Ch. 681, Sec. 2. ) ## 42983.5. This chapter shall become inoperative when all the following are met: (a) The department has adopted regulations pursuant to Section 42968.1. (b) The department has approved a producer responsibility plan, as defined by Section 42968, for the purposes of Chapter 19.5 (commencing with Section 42968). (c) The department has provided notice to the producer responsibility organization of its intent to send the letter described in subdivision (d) at least 90 days before sending the letter. (d) The department has submitted to the relevant committees of the Legislature a letter indicating that the conditions in subdivisions (a) to (c), inclusive, have been met, that the department is prepared to implement Chapter 19.5 (commencing with Section 42968), and that the producer responsibility organization is prepared to implement the producer responsibility plan. The department shall post the letter on its internet website. (Added by Stats. 2024, Ch. 675, Sec. 8. (AB 863) Effective January 1, 2025.)
  58. 42984.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 20.5. Responsible Textile Recovery Act of 2024 [42984 - 42984.27] ( Chapter 20.5 added by Stats. 2024, Ch. 864, Sec. 1. ) ## ARTICLE 1. General Provisions [42984 - 42984.3] ( Article 1 added by Stats. 2024, Ch. 864, Sec. 1. )

    Verify source ↗

    This section says the act is called the Responsible Textile Recovery Act of 2024.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 20.5. Responsible Textile Recovery Act of 2024 [42984 - 42984.27] ( Chapter 20.5 added by Stats. 2024, Ch. 864, Sec. 1. ) ## ARTICLE 1. General Provisions [42984 - 42984.3] ( Article 1 added by Stats. 2024, Ch. 864, Sec. 1. ) ## 42984. This act may be known, and shall be cited, as the Responsible Textile Recovery Act of 2024. (Added by Stats. 2024, Ch. 864, Sec. 1. (SB 707) Effective January 1, 2025.)
  59. 42984.05.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 20.5. Responsible Textile Recovery Act of 2024 [42984 - 42984.27] ( Chapter 20.5 added by Stats. 2024, Ch. 864, Sec. 1. ) ## ARTICLE 1. General Provisions [42984 - 42984.3] ( Article 1 added by Stats. 2024, Ch. 864, Sec. 1. )

    Verify source ↗

    This provision states the chapter’s intent: to create a statewide extended producer responsibility program for apparel and textile articles focused on repair and reuse and on reducing waste and other impacts.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 20.5. Responsible Textile Recovery Act of 2024 [42984 - 42984.27] ( Chapter 20.5 added by Stats. 2024, Ch. 864, Sec. 1. ) ## ARTICLE 1. General Provisions [42984 - 42984.3] ( Article 1 added by Stats. 2024, Ch. 864, Sec. 1. ) ## 42984.05. (a) The intent of this chapter is to establish a statewide extended producer responsibility program for apparel and textile articles that emphasizes repair and reuse, and minimizes generation of hazardous waste, generation of greenhouse gases, environmental impacts, environmental justice impacts, and public health impacts. (b) Due to distinct market elements associated with the textile and apparel industry that can utilize direct-to-consumer transactions from an overseas manufacturer to a consumer, the provisions of this chapter associated with online marketplaces are intended to be unique to this sector. (Added by Stats. 2024, Ch. 864, Sec. 1. (SB 707) Effective January 1, 2025.)
  60. 42984.1.

    ## 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 20.5. Responsible Textile Recovery Act of 2024 [42984 - 42984.27] ( Chapter 20.5 added by Stats. 2024, Ch. 864, Sec. 1. ) ## ARTICLE 1. General Provisions [42984 - 42984.3] ( Article 1 added by Stats. 2024, Ch. 864, Sec. 1. )

    Verify source ↗

    This section states the chapter’s purpose and says producers who sell, offer for sale, or distribute covered products into California must comply with the 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 20.5. Responsible Textile Recovery Act of 2024 [42984 - 42984.27] ( Chapter 20.5 added by Stats. 2024, Ch. 864, Sec. 1. ) ## ARTICLE 1. General Provisions [42984 - 42984.3] ( Article 1 added by Stats. 2024, Ch. 864, Sec. 1. ) ## 42984.1. (a) The purpose of this chapter is to increase the amount of postconsumer apparel and textile articles that are diverted from landfills and reused, repaired, and recycled into secondary products or otherwise managed in a manner that is consistent with the state’s hierarchy for waste management practices pursuant to Section 40051. (b) It is the purpose of this chapter that any producer, regardless of whether that producer is domiciled in California, who sells, offers for sale, or distributes a covered product into the state shall be responsible for complying with this chapter. (Added by Stats. 2024, Ch. 864, Sec. 1. (SB 707) Effective January 1, 2025.)
  61. 42984.10.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 20.5. Responsible Textile Recovery Act of 2024 [42984 - 42984.27] ( Chapter 20.5 added by Stats. 2024, Ch. 864, Sec. 1. ) ## ARTICLE 4. Producer Responsibility Plan for Covered Products [42984.8 - 42984.12] ( Article 4 added by Stats. 2024, Ch. 864, Sec. 1. )

    Verify source ↗

    The PRO must prepare and run a covered-products plan that accepts and manages all postconsumer covered products and includes funding, collection, reuse, recycling, outreach, reserves, audits, and contingency procedures.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 20.5. Responsible Textile Recovery Act of 2024 [42984 - 42984.27] ( Chapter 20.5 added by Stats. 2024, Ch. 864, Sec. 1. ) ## ARTICLE 4. Producer Responsibility Plan for Covered Products [42984.8 - 42984.12] ( Article 4 added by Stats. 2024, Ch. 864, Sec. 1. ) ## 42984.10. A plan for covered products shall be designed to accept and manage all postconsumer covered products and shall include all of the following: (a) The names and contact information, including email address, phone number, and mailing and physical addresses, of producers and brands of covered products covered under the plan. (b) (1) A description of the method to establish and administer a means for fully funding the PRO in a manner that distributes the PRO’s costs among the producers that are part of the stewardship organization using a per unit eco-modulated fee that reflects California sales volumes, existing producer collection, repair, reuse, and recycling programs that help achieve the purpose of this chapter, and the cost of reusing, repairing, recycling, or otherwise managing covered products pursuant to subdivision (a) of Section 42984.4. (2) A five-year budget that establishes a funding level sufficient to operate the PRO in a prudent and responsible manner. The budget shall demonstrate how estimated revenues will cover all budgeted costs for each cost category. (3) Budgeted costs shall include, but not be limited to, administrative costs, education and outreach costs, operational costs, capital costs, and a reserve to operate the PRO should there be unexpected events, such as losses of income, and large unbudgeted expenses in order to protect the recycling infrastructure the PRO relies upon in its plan, during any lapse in producer participation during the life of the program. The plan shall include a description of the types of activities related to each line-item cost category. The reserve cost category shall include a reserve level amount and description justifying the reserve level amount indicated. (4) The PRO shall maintain reserve funds sufficient to operate the plan for no less than six months. If a new plan submitted by a PRO is approved by the department, the PRO shall establish its reserve and maintain the required reserve fund balance by the end of the second year of plan operation. (5) Administrative costs shall include the department’s actual and reasonable regulatory costs, which include full personnel costs, to implement and enforce this chapter as the criteria for all the costs that are defined in the regulations adopted pursuant to Section 42984.2. For the purposes of this paragraph, PRO implementation begins once the department approves a PRO’s plan, except the department’s costs shall include actual regulatory development costs and other startup costs incurred prior to plan submittal and approval. (c) Quantifiable five-year and annual performance standards and metrics unless or until the department publishes performance standards pursuant to Section 42984.19. The PRO shall amend its plan to meet or exceed the performance standards published by the department. (d) A description of how the PRO will provide for a free and convenient dropoff or collection system for covered products, which shall include permanent collection sites and may include temporary collection sites and mail-back options, in each county of the state that meets both of the following requirements: (1) Provides for a minimum of 10 permanent collection sites or one permanent collection site per 25,000 people, whichever is greater, except as provided 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, inclusive, 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, inclusive, as reported annually by the Department of Finance, shall have a minimum of eight collection locations. (2) Provides for a reasonable geographic spread of permanent collection sites and an explanation for the geographic spread. (e) A description of how collection sites will be authorized and managed, including all of the following: (1) A description of the process by which local jurisdictions can request to be a collection site pursuant to Section 42984.7. (2) A description of how the PRO will provide to collection sites at no cost the appropriate containers for covered products, training, signage, safety guidance, and educational materials. (3) An explanation of the process by which the PRO will provide for the transport of covered products at no cost from the collection sites to an authorized sorter, or directly to an authorized repair business, or recycling facility. (4) A description of how collection sites will be allowed to divert collected covered products to secondhand markets for reuse. Any diversion by collection sites pursuant to this paragraph shall be consistent with the rules established pursuant to paragraph (5). (5) A list of all proposed rules, conditions, and requirements for authorized collectors, authorized sorters, and authorized repair businesses, including a template proposed agreement for each of those types of entities, as applicable. (6) A description of how the PRO will prioritize the use of secondhand markets and nonprofit thrift stores, as described in Section 6363.3 of the Revenue and Taxation Code, when establishing collection sites to meet the minimum requirements in subdivision (d). (7) How collection sites will be instructed to identify and reject counterfeit covered products. (f) (1) A description of the process by which collected covered products will be sorted, transported, processed, reused, and recycled following collection at collection sites, including all of the following: (2) A description of how covered products will be handled and managed according to the waste management practices pursuant to Section 40051, including both of the following: (A) (i) How the plan will prioritize the reuse, including repair, of collected covered products. (ii) Products designed for use by infants and children under 12 years of age with components that pose a risk of detachment, thus creating choking hazards, or containing components subject to Part 1303 (commencing with Section 1303.1) and Part 1307 (commencing with Section 1307.1) of Title 16 of the Code of Federal Regulations, including, but not limited to, metallic, vinyl, or plastic snaps, zippers, grommets, closures, or appliqués may be excluded from repair and reuse by the PRO. (B) (i) How the plan will include the incentive payments, grants, and market development investments specified in clause (vii) to encourage reuse over recycling and other methods. (ii) A description of how covered products will be sorted by authorized sorters, including a description of how the flow of covered products to and from authorized collectors, authorized sorters, authorized repair businesses, and recyclers will be tracked through final disposition. (iii) A description of how the PRO will maximize the reuse and recycling of all covered products. (iv) A description of how the PRO will minimize disposal of covered products collected by the PRO. (v) A description of how the PRO will prioritize, to the extent feasible, the use and development of sorting, repair, and recycling facilities located closer to the point of collection to minimize transportation-related emissions and increase accountability for the ultimate disposition of the covered products. (vi) A description of the annual assessment the PRO will conduct and the metrics it will use to determine how collection, sorting, and transportation outcomes aligned with projections. (vii) A description of how the plan will provide incentive payments, grants, and market development investments to support the infrastructure necessary to effectively implement the plan, including how incentive payments, grants, and market development investments will prioritize infrastructure closer to the point of generation pursuant to clause (v). (viii) A description of how the actions taken pursuant to clause (vii) will ensure that covered products are reused or recycled and have responsible and economically viable end markets. (g) A comprehensive statewide education and outreach program designed to educate consumers and promote participation in the program offered by the PRO. At a minimum, the comprehensive statewide education and outreach program shall include all of the following: (1) A description of the education and communications for strategy being implemented to effectively promote participation in the stewardship program and provide the information necessary for effective participation by consumers, retailers, distributors, wholesalers, local jurisdictions, and others. (2) A joint internet website in coordination with all other PROs, as applicable, that publicizes the location of collection sites and provides information to consumers on how to drop off covered products at the free and convenient network of collection sites offered by the PRO, including any information reasonably necessary to safely and conveniently access the collection, repair, and recycling services offered by the PRO. (3) Signage that is prominently displayed and easily visible. (4) All signage and materials required for collection sites by the PRO, and the method by which collection sites can access replacement materials at no cost to the collection site. (5) 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. (6) Promotional materials or activities, or both, that explain the purpose of the PRO and the means by which it is being carried out. (7) A description of how the PRO will encourage users to separate products that are not covered products from covered products, when appropriate, before submitting the covered products to an authorized collection site or mail-back program. (8) Materials designed to inform third-party sellers on online platforms of their duty to comply with the law and how to join the PRO. (9) Information to the public on secondhand markets and the benefits of reuse, including repair. (10) (A) The statewide education and outreach program shall promote the safe and proper management of covered products, including information on where consumers can purchase repaired and reused covered products. This includes education and training for authorized collectors to incentivize domestic resale of usable covered products. (B) The statewide education and outreach program shall not promote the disposal of covered products in a manner inconsistent with the services offered by the plan. (C) The statewide education and outreach plan shall include information for consumers about how to avoid improper disposal of covered products. (h) A description of the strategies, goals, and metrics the PRO will use to annually assess and evaluate the efficacy of the comprehensive statewide education and outreach program. (i) A description of how the PRO will coordinate with other PROs to avoid confusion to the public regarding program activities, including, but not limited to, education and outreach, including establishing point-of-sale messaging, a joint website, and toll-free telephone number for purposes of providing information on the program. (j) 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 PRO: (1) Other PROs. (2) Existing collection, reuse, and recycling programs. (3) Community-based organizations, including nonprofit thrift stores as described in Section 6363.3 of the Revenue and Taxation Code, that contact the PRO and that are qualified to run or support collection events. (k) A contingency plan in the event the plan expires or is revoked. The contingency plan shall guarantee that the contracts, financial data, and other necessary authority and assets to operate the program shall vest in a trustee approved by the department. The trustee shall operate the most recently approved plan, subject to the direction of the department, until such time as a new plan is approved. Upon plan expiration or revocation of the plan, the balance of the PRO’s operating reserves collected pursuant to paragraph (4) of subdivision (b) shall be transferred to the control of the trustee within five calendar days. All documents, digital records, contracts, and files related to the operation of the plan shall be transferred to the control of the trustee within five calendar days. (l) Develop a program to support laundries for laundering covered products that includes funding for technology that reduces water consumption and improves microfiber and microplastic filtration. (m) A description of how the plan will address the presence of PFAS and other chemicals regulated under Chapter 6.6 (commencing with Section 25249.5) of Division 20 of the Health and Safety Code and Chapter 12.5 (commencing with Section 108945) of, and Chapter 13.5 (commencing with Section 108970) of, Part 3 of Division 104 of the Health and Safety Code, including, but not limited to, the actions and investments needed to avoid contamination in the recycling process and available end markets for recycled material that cannot be remanufactured into textiles or textile articles in California. (n) Develop strategies to address design challenges for covered products, including, but not limited to, compostability, reduction and removal of harmful chemicals, microfiber and microplastic shedding, and mixed material blends. (o) A description of how the PRO will minimize the negative environmental and human health impacts of all operations associated with the plan, including impacts from collected covered products exported outside of California. (p) A process by which the financial activities of the PRO or individual producers that are related to implementation of the plan will be subject to an independent audit consistent with generally accepted accounting principles (GAAP). (Amended by Stats. 2025, Ch. 67, Sec. 174. (AB 1170) Effective January 1, 2026.)
  62. 42984.11.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 20.5. Responsible Textile Recovery Act of 2024 [42984 - 42984.27] ( Chapter 20.5 added by Stats. 2024, Ch. 864, Sec. 1. ) ## ARTICLE 4. Producer Responsibility Plan for Covered Products [42984.8 - 42984.12] ( Article 4 added by Stats. 2024, Ch. 864, Sec. 1. )

    Verify source ↗

    Producers of covered products sold, offered for sale, imported, or distributed in or into the state must meet specified performance 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 20.5. Responsible Textile Recovery Act of 2024 [42984 - 42984.27] ( Chapter 20.5 added by Stats. 2024, Ch. 864, Sec. 1. ) ## ARTICLE 4. Producer Responsibility Plan for Covered Products [42984.8 - 42984.12] ( Article 4 added by Stats. 2024, Ch. 864, Sec. 1. ) ## 42984.11. (a) A producer of a covered product sold, offered for sale, imported, or distributed in or into the state shall achieve the performance standards pursuant to subdivision (c) of Section 42984.10. (b) After March 1, 2032, a producer of a covered product sold, offered for sale, imported, or distributed in or into the state shall achieve the performance standards adopted by the department pursuant to Section 42984.19. (Added by Stats. 2024, Ch. 864, Sec. 1. (SB 707) Effective January 1, 2025.)
  63. 42984.12.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 20.5. Responsible Textile Recovery Act of 2024 [42984 - 42984.27] ( Chapter 20.5 added by Stats. 2024, Ch. 864, Sec. 1. ) ## ARTICLE 4. Producer Responsibility Plan for Covered Products [42984.8 - 42984.12] ( Article 4 added by Stats. 2024, Ch. 864, Sec. 1. )

    Verify source ↗

    A PRO must review its plan at least every five years after department approval, and then either submit a revised plan or send a no-change letter depending on whether revisions are needed.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 20.5. Responsible Textile Recovery Act of 2024 [42984 - 42984.27] ( Chapter 20.5 added by Stats. 2024, Ch. 864, Sec. 1. ) ## ARTICLE 4. Producer Responsibility Plan for Covered Products [42984.8 - 42984.12] ( Article 4 added by Stats. 2024, Ch. 864, Sec. 1. ) ## 42984.12. (a) A PRO shall review its plan at least every five years after approval by the department and determine whether revisions to the plan are necessary. (b) If a PRO determines that revisions to the plan are necessary, the PRO shall submit to the department a revised plan for review and approval employing the procedures set forth in Section 42984.8. The stewardship organization shall submit the revised plan to the department pursuant to this subdivision at least 12 months prior to the review deadline outlined in subdivision (c). The revised plan shall include a cover letter that summarizes the revisions to the plan within 90 days of the review deadline outlined pursuant to subdivision (a). (c) If a PRO determines that no revisions to the plan are necessary, the PRO shall send a letter to the department 12 months prior to the review deadline outlined in subdivision (a), explaining that the PRO has reviewed the plan and determined that no revisions are needed. The department may disapprove the PRO’s determination within 30 days of receipt of that determination if the department concludes that the PRO cannot implement the objectives of this chapter without revising the plan. If the department disapproves the PRO’s determination, the PRO shall submit to the department a revised plan for review and approval employing the procedures set forth in Section 42984.8. The PRO shall submit the revised plan pursuant to this subdivision within 60 days of receipt of the department’s disapproval, unless the department determines that additional time is needed. (Added by Stats. 2024, Ch. 864, Sec. 1. (SB 707) Effective January 1, 2025.)
  64. 42984.13.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 20.5. Responsible Textile Recovery Act of 2024 [42984 - 42984.27] ( Chapter 20.5 added by Stats. 2024, Ch. 864, Sec. 1. ) ## ARTICLE 5. Financial Provisions [42984.13 - 42984.14] ( Article 5 added by Stats. 2024, Ch. 864, Sec. 1. )

    Verify source ↗

    PROs must cover program costs and fund their share of the program; the department must notify PROs of estimated regulatory costs, collect fees, and place received money into a dedicated fund.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 20.5. Responsible Textile Recovery Act of 2024 [42984 - 42984.27] ( Chapter 20.5 added by Stats. 2024, Ch. 864, Sec. 1. ) ## ARTICLE 5. Financial Provisions [42984.13 - 42984.14] ( Article 5 added by Stats. 2024, Ch. 864, Sec. 1. ) ## 42984.13. (a) Each PRO shall pay all administrative and operational costs associated with establishing and implementing the program in which it participates, including, but not limited to, the cost of collection, transportation, sorting, repairing, recycling, and the safe and proper management of covered products. (b) A PRO shall establish a method for fully funding the PRO in a manner that distributes the program’s costs among participating producers that reflects sales volumes and the eco-modulated fee criteria included in the plan pursuant to Section 42984.10. The funding mechanism shall demonstrate adequate funding for all administrative and operational costs of the program, to be borne by participating producers, and shall distribute participating producers’ costs in consideration of the cost of managing their specific covered products according to the approved plan. (c) Within nine months of the effective date of the regulations, the department shall notify each PRO of its estimated regulatory costs as the criteria for those costs are defined in the regulations adopted pursuant to Section 42984.2, which includes full personnel costs, related to implementing and enforcing this chapter. This shall include the actual reasonable costs associated with regulation development pursuant to Section 42968.2 and other startup activities prior to plan submittal and approval. (d) The PRO shall, on a schedule determined by the department, pay the department fees to cover the department’s incurred costs as described in subdivision (c). The fees shall not exceed the department’s actual and reasonable regulatory costs to implement and enforce this chapter. (e) (1) The department shall deposit all moneys received from a PRO pursuant to this section into the Textile Stewardship Recovery Fund, which is hereby established in the State Treasury. (2) Upon appropriation by the Legislature, moneys in the Textile Stewardship Recovery Fund shall be expended by the department 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 activities pursuant to this chapter. (3) The money in the Textile Stewardship Recovery Fund shall not be expended for any other purpose. (Added by Stats. 2024, Ch. 864, Sec. 1. (SB 707) Effective January 1, 2025.)
  65. 42984.14.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 20.5. Responsible Textile Recovery Act of 2024 [42984 - 42984.27] ( Chapter 20.5 added by Stats. 2024, Ch. 864, Sec. 1. ) ## ARTICLE 5. Financial Provisions [42984.13 - 42984.14] ( Article 5 added by Stats. 2024, Ch. 864, Sec. 1. )

    Verify source ↗

    After the PRO’s plan is approved, the PRO must charge participant producers annual eco-modulated 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 20.5. Responsible Textile Recovery Act of 2024 [42984 - 42984.27] ( Chapter 20.5 added by Stats. 2024, Ch. 864, Sec. 1. ) ## ARTICLE 5. Financial Provisions [42984.13 - 42984.14] ( Article 5 added by Stats. 2024, Ch. 864, Sec. 1. ) ## 42984.14. (a) Upon approval of the PRO’s plan, the PRO shall charge each participant producer annual fees that are eco-modulated as described in the plan. The intent of the eco-modulated fee is to incentivize design choices that facilitate the achievement of goals as outlined in the plan, including reuse, repair, and recycling through reduced fees, while using malus fees to disincentivize practices and materials incongruent with the plan. The PRO shall consider existing producer collection, repair, reuse, and recycling programs in developing the eco-modulated fee structure. (b) The PRO shall account for the costs to ensure each covered product and covered product category meet the requirements of the chapter, including minimization of environmental and public health impacts along the entire supply chain of covered products or covered product category. (Added by Stats. 2024, Ch. 864, Sec. 1. (SB 707) Effective January 1, 2025.)
  66. 42984.15.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 20.5. Responsible Textile Recovery Act of 2024 [42984 - 42984.27] ( Chapter 20.5 added by Stats. 2024, Ch. 864, Sec. 1. ) ## ARTICLE 6. Records, Audits, and Reports [42984.15 - 42984.18] ( Article 6 added by Stats. 2024, Ch. 864, Sec. 1. )

    Verify source ↗

    A PRO must keep records, include an audit process in its plan, and may be audited by the department annually.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 20.5. Responsible Textile Recovery Act of 2024 [42984 - 42984.27] ( Chapter 20.5 added by Stats. 2024, Ch. 864, Sec. 1. ) ## ARTICLE 6. Records, Audits, and Reports [42984.15 - 42984.18] ( Article 6 added by Stats. 2024, Ch. 864, Sec. 1. ) ## 42984.15. (a) A PRO shall keep board minutes, books, and records that clearly reflect the activities and transactions of the PRO. (b) A PRO shall include in its plan a process by which the financial activities of the organization or individual producers that are related to implementation of the plan will be subject to an independent audit consistent with generally accepted accounting principles (GAAP), which shall be reviewed by the department. (c) The department may audit the PRO or individual producer annually. (d) Failure of a PRO or producer, or their respective agent who holds records, to produce documents or data that is requested by the department, required to be collected or generated to carry out operation of the plan in the form and manner determined by the department, as part of a department audit, or review of a third-party audit, constitutes a violation of this chapter. (Added by Stats. 2024, Ch. 864, Sec. 1. (SB 707) Effective January 1, 2025.)
  67. 42984.16.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 20.5. Responsible Textile Recovery Act of 2024 [42984 - 42984.27] ( Chapter 20.5 added by Stats. 2024, Ch. 864, Sec. 1. ) ## ARTICLE 6. Records, Audits, and Reports [42984.15 - 42984.18] ( Article 6 added by Stats. 2024, Ch. 864, Sec. 1. )

    Verify source ↗

    A PRO must hire a U.S.-certified public accountant to audit its books every year and include the audit in its annual report to the department.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 20.5. Responsible Textile Recovery Act of 2024 [42984 - 42984.27] ( Chapter 20.5 added by Stats. 2024, Ch. 864, Sec. 1. ) ## ARTICLE 6. Records, Audits, and Reports [42984.15 - 42984.18] ( Article 6 added by Stats. 2024, Ch. 864, Sec. 1. ) ## 42984.16. (a) A PRO shall retain an independent public accountant, certified in the United States, to annually audit the accounting books of the PRO. The department shall review the independent certified public accountant audit for compliance with this chapter and consistency with the PRO’s plan and annual report, submitted pursuant to this chapter. After the department conducts its own audit, the department shall notify the PRO of any conduct or practice that does not comply with this chapter or of any inconsistencies identified in the audit. The PRO may obtain copies of the department’s audit, including proprietary information contained in the department’s audit, upon request, and withhold from disclosure confidential proprietary information to the extent allowed under Section 1040 of the Evidence Code and Section 7929.000 of the Government Code. The items submitted to the department as part of the independent audit shall include: (1) Financial statements audited in accordance with generally accepted accounting principles (GAAP). (2) An audit of the PRO’s compliance with this chapter. (3) An audit of the PRO’s adherence to, execution of, and consistency with its plan. (b) The PRO shall include the independent audit in its annual report submitted to the department pursuant to Section 42984.17 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 PRO’s plan. (Added by Stats. 2024, Ch. 864, Sec. 1. (SB 707) Effective January 1, 2025.)
  68. 42984.17.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 20.5. Responsible Textile Recovery Act of 2024 [42984 - 42984.27] ( Chapter 20.5 added by Stats. 2024, Ch. 864, Sec. 1. ) ## ARTICLE 6. Records, Audits, and Reports [42984.15 - 42984.18] ( Article 6 added by Stats. 2024, Ch. 864, Sec. 1. )

    Verify source ↗

    A PRO must file an annual report with the department in the form, manner, and by the date the department sets, and must post the report 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 20.5. Responsible Textile Recovery Act of 2024 [42984 - 42984.27] ( Chapter 20.5 added by Stats. 2024, Ch. 864, Sec. 1. ) ## ARTICLE 6. Records, Audits, and Reports [42984.15 - 42984.18] ( Article 6 added by Stats. 2024, Ch. 864, Sec. 1. ) ## 42984.17. A PRO shall annually submit to the department, in the form and manner and by the date determined by the department, an annual report and make that report publicly available on the PRO’s internet website. The report shall include at minimum, all of the following information for the preceding calendar year unless otherwise specified: (a) The PRO’s costs, according to the cost categories established in the plan, and revenues. (b) A summary of any anticipated changes to allocations in cost categories for the next calendar year. (c) Any changes to the distribution of a participating producer’s costs. (d) The amounts of the eco-modulated fees based on the criteria established pursuant to subdivision (b) of Section 42984.14 and the PRO’s evaluation of the effectiveness of the eco-modulated fees. (e) An updated list of producers participating in the plan and an updated list of the names and contact information, including email address, telephone number, and physical and mailing addresses of producers and brands of covered products covered under the plan. (f) A list of the PRO’s collection sites, by name, location, and type. (g) (1) The amount of covered products sold in or into the state by the producers covered by the PRO’s plan. (2) The amount described in paragraph (1) shall be broken down by fiber type category and Harmonized Tariff Schedule of the United States (HTS) number. (h) The total weight of covered products, respectively, that were collected, broken down by fiber type categories. (i) The total weight of covered products, by category, that were collected and deemed reusable by each respective authorized collector and authorized sorter. (j) A list of each authorized sorter, authorized repair business, and covered product recycling facility used by the PRO, including both of the following: (1) Name and location. (2) Total weight of covered products handled by each location. (k) The total weight and number of covered products sold in or into the state attributed to a producer, who is a registered participant of the PRO’s plan, which are collected in the state and reused or recycled by the PRO, including a description of the methodology and information used to determine and calculate these values. (l) A complete accounting of the ultimate disposition of all covered products collected by the PRO, including the total weight of covered products that were repaired and recycled. (m) Metrics and a description of the progress toward attaining the performance standards included in the plan. (n) A description of methods used to collect, transport, repair, and recycle covered products by the PRO, including a description of all of the following: (1) How the PRO handled and managed covered products according to the waste hierarchy as defined in Section 40051. (2) How the PRO maximized reuse and recycling of all covered products. (3) How the PRO minimized disposal of all covered products collected by the PRO. (4) Results of the PRO’s assessment of the efficacy of the collection, sorting, and transportation process. (o) A description of how the PRO provided incentive payments, grants, and market development investments to support the infrastructure necessary to effectively implement the plan, including how incentive payments, grants, and market development investments prioritized infrastructure closer to the point of generation. (p) A description of outreach efforts and education, including, but not limited to, the PRO’s evaluation of the efficacy of the comprehensive statewide education and outreach program pursuant to subdivision (g) of Section 42984.10. (q) A description of how the PRO coordinated with other PROs and entities pursuant to subdivision (j) of Section 42984.10. (r) A report on activities the PRO has undertaken to prioritize the use of sorting and recycling facilities located closer to the point of generation to minimize transportation emissions and increase accountability for the ultimate disposition of collected covered products. (s) An analysis of whether the PRO met performance standards established by the PRO pursuant to subdivision (c) of Section 42984.10 or by the department pursuant to Section 42984.19. (t) A description of how the PRO addressed the presence of PFAS and other chemicals regulated under Chapter 6.6 (commencing with Section 25249.5) of Division 20 of the Health and Safety Code and Chapter 12.5 (commencing with Section 108945) of, and Chapter 13.5 (commencing with Section 108970) of, Part 3 of Division 104 of the Health and Safety Code, including, but not limited to, the actions taken and investments made to avoid contamination in the recycling process, and the availability of end markets for recycled material that could not be remanufactured into textiles or textile articles in California. (u) Any other information deemed relevant by the PRO for the department to determine compliance with the approved plan. (v) Any other information required by regulations adopted pursuant to Section 42984.2. (Added by Stats. 2024, Ch. 864, Sec. 1. (SB 707) Effective January 1, 2025.)
  69. 42984.18.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 20.5. Responsible Textile Recovery Act of 2024 [42984 - 42984.27] ( Chapter 20.5 added by Stats. 2024, Ch. 864, Sec. 1. ) ## ARTICLE 6. Records, Audits, and Reports [42984.15 - 42984.18] ( Article 6 added by Stats. 2024, Ch. 864, Sec. 1. )

    Verify source ↗

    The department must tell the PRO whether its annual report is compliant or noncompliant within 120 days after receiving 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 20.5. Responsible Textile Recovery Act of 2024 [42984 - 42984.27] ( Chapter 20.5 added by Stats. 2024, Ch. 864, Sec. 1. ) ## ARTICLE 6. Records, Audits, and Reports [42984.15 - 42984.18] ( Article 6 added by Stats. 2024, Ch. 864, Sec. 1. ) ## 42984.18. (a) No later than 120 days after the date the department receives the annual report submitted by a PRO pursuant to Section 42984.17, the department shall notify the PRO if the annual report is compliant or noncompliant. (b) If the department determines that the annual report is noncompliant due to failure to meet the requirements of this chapter, the department may require the resubmittal of the annual report or take enforcement action. (Added by Stats. 2024, Ch. 864, Sec. 1. (SB 707) Effective January 1, 2025.)
  70. 42984.19.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 20.5. Responsible Textile Recovery Act of 2024 [42984 - 42984.27] ( Chapter 20.5 added by Stats. 2024, Ch. 864, Sec. 1. ) ## ARTICLE 7. Department Responsibilities [42984.19- 42984.19.] ( Article 7 added by Stats. 2024, Ch. 864, Sec. 1. )

    Verify source ↗

    After March 1, 2032, the department may establish, review, and adjust performance standards and the dates for meeting 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 20.5. Responsible Textile Recovery Act of 2024 [42984 - 42984.27] ( Chapter 20.5 added by Stats. 2024, Ch. 864, Sec. 1. ) ## ARTICLE 7. Department Responsibilities [42984.19- 42984.19.] ( Article 7 added by Stats. 2024, Ch. 864, Sec. 1. ) ## 42984.19. After March 1, 2032, the department may establish, review, and may adjust performance standards and the dates by which they are required to be achieved based on information included in the plan and annual reports, other information provided by the PRO, department waste characterization studies, needs assessment, and economic and any other relevant information, as determined by the department. (Added by Stats. 2024, Ch. 864, Sec. 1. (SB 707) Effective January 1, 2025.)
  71. 42984.2.

    ## 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 20.5. Responsible Textile Recovery Act of 2024 [42984 - 42984.27] ( Chapter 20.5 added by Stats. 2024, Ch. 864, Sec. 1. ) ## ARTICLE 1. General Provisions [42984 - 42984.3] ( Article 1 added by Stats. 2024, Ch. 864, Sec. 1. )

    Verify source ↗

    The department must adopt regulations to implement this chapter, and those regulations cannot take effect before July 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 20.5. Responsible Textile Recovery Act of 2024 [42984 - 42984.27] ( Chapter 20.5 added by Stats. 2024, Ch. 864, Sec. 1. ) ## ARTICLE 1. General Provisions [42984 - 42984.3] ( Article 1 added by Stats. 2024, Ch. 864, Sec. 1. ) ## 42984.2. 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, shall adopt regulations to implement this chapter with an effective date of no earlier than July 1, 2028. The department’s regulations shall encourage recycling that minimizes generation of hazardous waste, generation of greenhouse gases, environmental impacts, environmental justice impacts, and public health impacts. (Added by Stats. 2024, Ch. 864, Sec. 1. (SB 707) Effective January 1, 2025.)
  72. 42984.20.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 20.5. Responsible Textile Recovery Act of 2024 [42984 - 42984.27] ( Chapter 20.5 added by Stats. 2024, Ch. 864, Sec. 1. ) ## ARTICLE 8. Enforcement and Civil Penalties [42984.20 - 42984.24] ( Article 8 added by Stats. 2024, Ch. 864, Sec. 1. )

    Verify source ↗

    The department must publish and maintain a public compliance list, and certain sellers must check it before selling or importing covered 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 20.5. Responsible Textile Recovery Act of 2024 [42984 - 42984.27] ( Chapter 20.5 added by Stats. 2024, Ch. 864, Sec. 1. ) ## ARTICLE 8. Enforcement and Civil Penalties [42984.20 - 42984.24] ( Article 8 added by Stats. 2024, Ch. 864, Sec. 1. ) ## 42984.20. (a) Within 12 months of the effective date of regulations pursuant to Section 42984.2, 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 products 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 product is in compliance with this chapter. The department’s list of compliant entities shall be available on the department’s internet website in a machine-readable format. (c) (1) A retailer, importer, distributor, or online marketplace shall monitor the department’s internet website where compliant producers are posted, as provided in subdivision (a), to determine if a producer, brand, or covered product is in compliance with this chapter for that producer of covered products. (2) Except as provided in subdivision (d), on and after the date a plan is approved by the department pursuant to Section 42984.8, a retailer, importer, distributor, or online marketplace shall not sell, distribute, offer for sale, or import a covered product in or into the state for sale in the state unless the producer of the covered product is listed as in compliance pursuant to this section for that brand and covered product. (d) (1) Notwithstanding paragraph (2) of subdivision (c), a retailer, importer, distributor, or online marketplace may sell, offer for sale, import, or distribute a covered product if the retailer, importer, distributor, or online marketplace has fulfilled the obligations for those covered products which the retailer, importer, distributor, or online marketplace sells, offers for sale, imports, or distributes pursuant to paragraph (6) of subdivision (s) of Section 42984.3. (2) Notwithstanding paragraph (2) of subdivision (c), a retailer, importer, distributor, or online marketplace may sell, offer for sale, import, or distribute a covered product if, on the date the retailer or distributor sells or offers for sale the covered product in or into the state, the producer, brand, or covered product was listed as compliant on the department’s internet website. (3) 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 products, from the list of compliant producers posted on the department’s internet website pursuant to subdivision (a). (2) The department shall list on its internet website a producer, along with its brands and covered products, if the department subsequently determines that the producer is in compliance with this chapter. (Added by Stats. 2024, Ch. 864, Sec. 1. (SB 707) Effective January 1, 2025.)
  73. 42984.21.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 20.5. Responsible Textile Recovery Act of 2024 [42984 - 42984.27] ( Chapter 20.5 added by Stats. 2024, Ch. 864, Sec. 1. ) ## ARTICLE 8. Enforcement and Civil Penalties [42984.20 - 42984.24] ( Article 8 added by Stats. 2024, Ch. 864, Sec. 1. )

    Verify source ↗

    The department may impose daily civil penalties on violators of this chapter, with higher penalties for intentional or knowing violations, and must set up a process that includes an informal hearing.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 20.5. Responsible Textile Recovery Act of 2024 [42984 - 42984.27] ( Chapter 20.5 added by Stats. 2024, Ch. 864, Sec. 1. ) ## ARTICLE 8. Enforcement and Civil Penalties [42984.20 - 42984.24] ( Article 8 added by Stats. 2024, Ch. 864, Sec. 1. ) ## 42984.21. (a) An administrative civil penalty up to the following amounts may be administratively imposed by the department on any person who is in violation of any provision of this chapter: (1) Ten thousand dollars ($10,000) per day. (2) Fifty thousand dollars ($50,000) per day if the violation is intentional or knowing. (b) In assessing or reviewing the amount of a civil penalty imposed pursuant to subdivision (a) for a violation of this chapter, the department or the court shall consider all of the following: (1) The nature and extent of the violation. (2) The number and severity of the violation or violations. (3) The economic effect of the penalty on the violator. (4) Whether the violator took good faith measures to comply with this chapter and the period of time over which these measures were taken. (5) The willfulness of the violator’s misconduct. (6) The deterrent effect that the imposition of the penalty would have on both the violator and the regulated community. (7) Any other factor that justice may require. (c) The department shall establish, through regulations adopted pursuant to Section 42984.2, a process that shall include an informal hearing process by which the penalties will be assessed. (d) The department shall deposit all penalties collected pursuant to this section into the Textile Stewardship Recovery Penalty Account, which is hereby created in the Textile Stewardship Recovery Fund. Upon appropriation by the Legislature, moneys in the Textile Stewardship Recovery Penalty Account shall be available for expenditure by the department on activities related to the collection and recycling of covered products, grants for related purposes, and the administration and enforcement of this chapter. (e) 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. 2025, Ch. 67, Sec. 175. (AB 1170) Effective January 1, 2026.)
  74. 42984.22.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 20.5. Responsible Textile Recovery Act of 2024 [42984 - 42984.27] ( Chapter 20.5 added by Stats. 2024, Ch. 864, Sec. 1. ) ## ARTICLE 8. Enforcement and Civil Penalties [42984.20 - 42984.24] ( Article 8 added by Stats. 2024, Ch. 864, Sec. 1. )

    Verify source ↗

    If the department finds that certain textile-recovery entities have not met a material requirement, it may respond by revoking or requiring resubmission of a PRO plan, or by requiring additional reporting.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 20.5. Responsible Textile Recovery Act of 2024 [42984 - 42984.27] ( Chapter 20.5 added by Stats. 2024, Ch. 864, Sec. 1. ) ## ARTICLE 8. Enforcement and Civil Penalties [42984.20 - 42984.24] ( Article 8 added by Stats. 2024, Ch. 864, Sec. 1. ) ## 42984.22. Upon a written finding that a producer, PRO, manufacturer, distributor, retailer, or importer site has not met a material requirement of this chapter, in addition to any other penalties authorized under this chapter, the department may take one or both of the following actions to ensure compliance with the requirements of this chapter, after affording the 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: (a) Revoke the PRO’s plan approval or require the PRO to resubmit the plan. (b) Require additional reporting relating to compliance with the material requirement of this chapter that was not met. (Added by Stats. 2024, Ch. 864, Sec. 1. (SB 707) Effective January 1, 2025.)
  75. 42984.23.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 20.5. Responsible Textile Recovery Act of 2024 [42984 - 42984.27] ( Chapter 20.5 added by Stats. 2024, Ch. 864, Sec. 1. ) ## ARTICLE 8. Enforcement and Civil Penalties [42984.20 - 42984.24] ( Article 8 added by Stats. 2024, Ch. 864, Sec. 1. )

    Verify source ↗

    Certain producers and other covered entities must give the department access to facilities and relevant records on request, and keep required records for five years.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 20.5. Responsible Textile Recovery Act of 2024 [42984 - 42984.27] ( Chapter 20.5 added by Stats. 2024, Ch. 864, Sec. 1. ) ## ARTICLE 8. Enforcement and Civil Penalties [42984.20 - 42984.24] ( Article 8 added by Stats. 2024, Ch. 864, Sec. 1. ) ## 42984.23. (a) A producer, PRO, manufacturer, distributor, retailer, or importer 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, within 14 days, provide the department with relevant records necessary to determine compliance with this chapter. (b) The records required by this chapter shall be maintained and accessible for five 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 42984.21 on a producer, PRO, manufacturer, distributor, retailer, or importer 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 42984.20 that a producer that fails to provide the department with access pursuant to this section, along with the producer’s brands and covered products, is no longer in compliance with this chapter. (Added by Stats. 2024, Ch. 864, Sec. 1. (SB 707) Effective January 1, 2025.)
  76. 42984.24.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 20.5. Responsible Textile Recovery Act of 2024 [42984 - 42984.27] ( Chapter 20.5 added by Stats. 2024, Ch. 864, Sec. 1. ) ## ARTICLE 8. Enforcement and Civil Penalties [42984.20 - 42984.24] ( Article 8 added by Stats. 2024, Ch. 864, Sec. 1. )

    Verify source ↗

    After judicial review time expires, the department may seek a court judgment to collect unpaid civil penalties or restitution, and the court clerk must enter the judgment immediately.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 20.5. Responsible Textile Recovery Act of 2024 [42984 - 42984.27] ( Chapter 20.5 added by Stats. 2024, Ch. 864, Sec. 1. ) ## ARTICLE 8. Enforcement and Civil Penalties [42984.20 - 42984.24] ( Article 8 added by Stats. 2024, Ch. 864, Sec. 1. ) ## 42984.24. 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. 2024, Ch. 864, Sec. 1. (SB 707) Effective January 1, 2025.)
  77. 42984.25.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 20.5. Responsible Textile Recovery Act of 2024 [42984 - 42984.27] ( Chapter 20.5 added by Stats. 2024, Ch. 864, Sec. 1. ) ## ARTICLE 9. Antitrust Immunity [42984.25- 42984.25.] ( Article 9 added by Stats. 2024, Ch. 864, Sec. 1. )

    Verify source ↗

    A PRO may do certain plan- and charge-related actions without violating specified California competition laws, unless the agreement falls within 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 20.5. Responsible Textile Recovery Act of 2024 [42984 - 42984.27] ( Chapter 20.5 added by Stats. 2024, Ch. 864, Sec. 1. ) ## ARTICLE 9. Antitrust Immunity [42984.25- 42984.25.] ( Article 9 added by Stats. 2024, Ch. 864, Sec. 1. ) ## 42984.25. (a) Except as provided in subdivision (c), an action specified in subdivision (b) that is taken by a PRO 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 PRO: (1) The creation, implementation, or management of a plan approved by the department pursuant to Article 4 (commencing with Section 42984.8) and the determination of the types or quantities of covered products repaired, reused, recycled, or otherwise managed pursuant to a plan. (2) The determination of the cost and structure of an approved 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 products, except for an agreement related to costs or charges associated with participation in a plan approved by the department and otherwise in accordance with this chapter. (2) Fixes the output or production of covered products. (3) Restricts the geographic area in which, or customers to whom, covered products will be sold. (Added by Stats. 2024, Ch. 864, Sec. 1. (SB 707) Effective January 1, 2025.)
  78. 42984.26.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 20.5. Responsible Textile Recovery Act of 2024 [42984 - 42984.27] ( Chapter 20.5 added by Stats. 2024, Ch. 864, Sec. 1. ) ## ARTICLE 10. County Authority [42984.26- 42984.26.] ( Article 10 added by Stats. 2024, Ch. 864, Sec. 1. )

    Verify source ↗

    This section says the chapter does not give local governments new authority over solid waste hauling under a franchise agreement and does not change existing solid waste franchises.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 20.5. Responsible Textile Recovery Act of 2024 [42984 - 42984.27] ( Chapter 20.5 added by Stats. 2024, Ch. 864, Sec. 1. ) ## ARTICLE 10. County Authority [42984.26- 42984.26.] ( Article 10 added by Stats. 2024, Ch. 864, Sec. 1. ) ## 42984.26. This chapter does not grant a city, county, city and county, special district, or joint powers authority any new authority over solid waste hauling operations pursuant to a franchise agreement and does not affect, limit, or abrogate in any manner any franchise granted to a solid waste enterprise for the handling of solid waste. (Added by Stats. 2024, Ch. 864, Sec. 1. (SB 707) Effective January 1, 2025.)
  79. 42984.27.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 20.5. Responsible Textile Recovery Act of 2024 [42984 - 42984.27] ( Chapter 20.5 added by Stats. 2024, Ch. 864, Sec. 1. ) ## ARTICLE 11. Online Marketplace [42984.27- 42984.27.] ( Article 11 added by Stats. 2024, Ch. 864, Sec. 1. )

    Verify source ↗

    An online marketplace must annually report certain high-selling third-party sellers and give sellers required legal 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 20.5. Responsible Textile Recovery Act of 2024 [42984 - 42984.27] ( Chapter 20.5 added by Stats. 2024, Ch. 864, Sec. 1. ) ## ARTICLE 11. Online Marketplace [42984.27- 42984.27.] ( Article 11 added by Stats. 2024, Ch. 864, Sec. 1. ) ## 42984.27. An online marketplace shall annually do the following in accordance with regulations adopted by the department pursuant to Section 42984.2: (a) (1) Notify the department and the PRO of all third-party sellers with sales of covered products over one million dollars ($1,000,000) sold on their online marketplace in the preceding year and provide all required information. If a third-party seller does not have any sales in California during the preceding year then the online marketplace shall not provide their information to the department. (2) The amount of sales described in paragraph (1) includes only those transactions through the online marketplace for which payment is processed by the online marketplace directly or through its payment processor. (b) Provide all third-party sellers described in (a) with the information on requirements of law as provided by the PRO pursuant to paragraph (8) of subdivision (g) of Section 42984.10. (Added by Stats. 2024, Ch. 864, Sec. 1. (SB 707) Effective January 1, 2025.)
  80. 42984.3.

    ## 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 20.5. Responsible Textile Recovery Act of 2024 [42984 - 42984.27] ( Chapter 20.5 added by Stats. 2024, Ch. 864, Sec. 1. ) ## ARTICLE 1. General Provisions [42984 - 42984.3] ( Article 1 added by Stats. 2024, Ch. 864, Sec. 1. )

    Verify source ↗

    This section defines key terms for the Responsible Textile Recovery Act, including apparel, covered product, producer, PRO, textile article, and related actors.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 20.5. Responsible Textile Recovery Act of 2024 [42984 - 42984.27] ( Chapter 20.5 added by Stats. 2024, Ch. 864, Sec. 1. ) ## ARTICLE 1. General Provisions [42984 - 42984.3] ( Article 1 added by Stats. 2024, Ch. 864, Sec. 1. ) ## 42984.3. (a) (1) “Apparel” means clothing and accessory items intended for regular wear or formal occasions and outdoor activities. For purposes of this chapter “apparel” includes only undergarments, shirts, pants, skirts, dresses, overalls, bodysuits, costumes, vests, dancewear, suits, saris, scarves, tops, leggings, school uniforms, leisurewear, athletic wear, sports uniforms, swimwear, formal wear, onesies, bibs, footwear, handbags, backpacks, knitted and woven accessories, jackets, coats, snow pants, ski pants, and everyday uniforms for workwear. (2) “Apparel” does not include any of the following: (A) Personal protective equipment or clothing items for use by the United States military. (B) Personal protective equipment worn to protect the wearer from health or environmental hazards. (C) Reusable products designed to collect and absorb urine and feces, or reusable products regulated by the United States Food and Drug Administration that are designed to collect and absorb menstruation or vaginal discharge. (b) “Authorized collector” means a person or entity that has entered into an agreement with a PRO to collect covered products. (c) “Authorized sorter” means a person or entity that has entered into an agreement with a PRO to sort covered products collected by authorized collectors. (d) “Authorized repair business” means a person or entity that has entered into an agreement with a PRO to repair covered products for resale after collection by an authorized collector or after sorting by an authorized sorter. (e) “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 product and identifies the owner or licensee of the brand. (f) “Collection box” means an unattended container, box, receptacle, or similar device used for soliciting and collecting donations of covered products, including apparel or textile articles. (g) “Collection site” means a permanent or temporary location operated by an authorized collector at which covered products are collected and prepared for transport in accordance with the requirements of this chapter. (h) “Consumer” means an owner of a covered product, including a person, business, corporation, limited partnership, nonprofit organization, or governmental entity, and includes the ultimate purchaser, owner, or lessee of a covered product, who is not, as to that covered product, the distributor, importer, producer, recycler, retailer, or PRO. (i) (1) “Covered product” means an apparel or textile article. (2) “Covered product” does not include any of the following: (A) A product covered under the Used Mattress Recovery and Recycling Act (Chapter 21 (commencing with Section 42985)). (B) A product covered under the Electronic Waste Recycling Act of 2003 (Chapter 8.5 (commencing with Section 42460)). (C) A product covered under the Product Stewardship for Carpets law (Chapter 20 (commencing with Section 42970)). (D) An automated, motorized, battery, or manual window covering that is operated using an electric motor or other automated system, or manually adjusted by pulling cords or lifting mechanisms. (j) “Department” means the Department of Resources Recycling and Recovery or a successor agency. (k) “Distributor” means a company that has a contractual relationship with one or more producers to market and sell covered products to a retailer. (l) “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 product 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 product that was manufactured or assembled by a company physically located outside of the state. (m) “Local jurisdiction” means a city, county, city and county, or a regional agency formed pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code or Article 3 (commencing with Section 40970) of Chapter 1 of Part 2 of this code, or a special district that provides solid waste collection services. (n) “Mail-back program” means a method of collecting covered products using prepaid, preaddressed mailing envelopes, boxes, or other means that are reusable, recyclable, or compostable. (o) “Needs assessment” means a needs assessment prepared pursuant to Section 42984.6. (p) “Nonprofit thrift store” has the same meaning as set forth in Section 6363.3 of the Revenue and Taxation Code. (q) “Online marketplace” has the same meaning as set forth in Section 1749.8 of the Civil Code. (r) “Person” has the same meaning as set forth in Section 40170. (s) (1) “Producer” means a person who manufactures a covered product and who owns or is the licensee of the brand or trademark under which that covered product 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 product 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 product is sold, imported for sale, offered for sale, or distributed for sale in or into the state, regardless of whether the trademark is registered. 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 product. (3) If there is no person in the state who is the producer for purposes of paragraph (1) or (2), then the producer of the covered product is the person that imports the covered product into the state for sale or distribution. (4) If there is no other person in the state who is the producer for purposes of paragraph (1), (2), or (3), the producer of the covered product is the distributor, retailer, or wholesaler who sells the product in or into the state. (5) For the purposes of this chapter, the sale of a covered product shall be deemed to occur in the state if the covered product is delivered to the consumer in the state. (6) This chapter does not prohibit a person who manufactures, distributes, imports, offers for sale, or sells the covered product from assuming some or all of the duties and liabilities of the producer of the covered product and relieving from those duties and liabilities any other person who manufactures, distributes, imports, offers for sale, or sells the covered product. (7) “Producer” does not include a seller that only sells secondhand covered products. (8) “Producer” does not include a seller with less than one million dollars ($1,000,000) in annual aggregate global turnover adjusted annually pursuant to the California Consumer Price Index for All Urban Consumers for all items, as determined by the Department of Industrial Relations. The aggregate global turnover of a producer within the meaning of this chapter shall be calculated by adding together the respective turnovers of all of the following: (A) The producer concerned. (B) Those entities in which the producer is concerned, directly or indirectly, as follows: (i) Owns more than one-half the capital or business assets. (ii) Has the power to exercise more than one-half the voting rights. (iii) Has the power to appoint more than one-half the members of the supervisory board, the administrative board, or bodies legally representing the undertakings. (iv) Has the right to manage the entities’ affairs. (C) Those entities that have in the producer concerned the rights or powers listed in subparagraph (B). (D) Those entities in which an entity referred to in subparagraph (C) has the rights or powers listed in subparagraph (B). (E) Those entities in which two or more entities as referred to in subparagraphs (A) to (D), inclusive, jointly have the rights or powers listed in subparagraph (B). (t) “Producer responsibility organization” or “PRO” means an organization that is exempt from taxation under Section 501(c)(3) of the federal Internal Revenue Code of 1986, is formed for the purpose of implementing a plan to meet the requirements of this chapter, and is approved by the department. (u) “Producer responsibility plan” or “plan” means the plan developed by the PRO for the collection, transportation, repair, recycling, and the safe and proper management of covered products pursuant to subdivision (a) of Section 42984.8 and submitted to the department for approval pursuant to subdivision (b) of Section 42984.8. (v) “Recycle” or “recycling” has the same meaning as set forth in paragraphs (1), (2), and (3) of subdivision (aa) of Section 42041. To be considered recycled, covered products shall be recycled into new, reused, or reconstituted products. (w) “Repair” means any alteration or improvement of damaged covered product deemed worth the cost of repair by criteria established by the plan, including, but not limited to, any of the following: (1) Redesigning and repurposing. (2) Mending rips, holes, seams, and hems. (3) Removing and repairing surface damage, such as pilling, stain removal, or abrasion. (4) Securing and reattaching buttons and other fastenings. (5) Dyeing, redyeing, overdyeing, or printing of images on covered products. (6) Preparation for reuse and resale. (x) “Responsible end market” has the same meaning as set forth in subdivision (ad) of Section 42041. (y) “Retailer” means a person who sells or offers for sale a covered product 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. (z) “Reuse” means the resale of a collected covered product to a consumer for its original intended use with or without repair. (aa) “Secondhand covered product” means any covered product that has been previously owned by a consumer. (ab) “Secondhand markets” means a retailer who sells secondhand covered products, including, but not limited to, thrift stores, collection box operators, online resale platforms, and flea markets. (ac) “Sell” has the same meaning as set forth in Section 6006 of the Revenue and Taxation Code. (ad) “Stewardship program” means a program established by a PRO pursuant to this chapter for the free, convenient, and safe collection, transportation, repair, recycling, and otherwise proper management of covered products. (ae) (1) “Textile article” means an item customarily used in households or businesses that are made entirely or primarily from a natural, artificial, or synthetic fiber, yarn, or fabric. For purposes of this chapter, “textile article” includes only blankets, curtains, fabric window coverings, knitted and woven accessories, towels, tapestries, bedding, tablecloths, napkins, linens, and pillows. (2) “Textile article” does not include single-use products including paper towels, paper napkins, toilet paper, facial tissue, and wet or dry wipes. (af) “Third-party seller” has the same meaning as set forth in Section 1749.8 of the Civil Code. (Amended by Stats. 2025, Ch. 67, Sec. 173. (AB 1170) Effective January 1, 2026.)
  81. 42984.4.

    ## 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 20.5. Responsible Textile Recovery Act of 2024 [42984 - 42984.27] ( Chapter 20.5 added by Stats. 2024, Ch. 864, Sec. 1. ) ## ARTICLE 2. Producers [42984.4 - 42984.5] ( Article 2 added by Stats. 2024, Ch. 864, Sec. 1. )

    Verify source ↗

    Producers of covered products must form and join a PRO, register with it, and later join the department-approved PRO by the 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 20.5. Responsible Textile Recovery Act of 2024 [42984 - 42984.27] ( Chapter 20.5 added by Stats. 2024, Ch. 864, Sec. 1. ) ## ARTICLE 2. Producers [42984.4 - 42984.5] ( Article 2 added by Stats. 2024, Ch. 864, Sec. 1. ) ## 42984.4. (a) (1) Producers of covered products shall form and join a PRO for the purposes of complying with this chapter. The governing body of the PRO shall submit an application to the department by January 1, 2026, describing how the PRO meets the requirements to be an approved PRO pursuant to this chapter. If the department approves the PRO, the PRO shall proceed to carry out the requirements of this chapter. If applications for more than one PRO are submitted to the department, the department shall determine which proposed PRO can most effectively implement this chapter. (2) The department shall, by, March 1, 2026, approve a PRO that meets the requirements of this chapter and both of the following: (A) The PRO has a governing board consisting of producers that are diverse in size and type and that represent the diversity of covered products placed in the market by those entities. The governing board may include ex officio members involved in the collection, sorting, repair, reuse, recycling, or management of covered products. (B) The PRO demonstrates that it has adequate financial responsibility and financial controls in place, including fraud prevention measures and an audit schedule, to ensure proper management of funds. (3) All producers of covered products shall, by July 1, 2026, join the PRO approved by the department. (4) After January 1, 2035, upon the determination of the director that an additional PRO would be beneficial in satisfying the requirements of this chapter, the department may approve additional PROs that meet the requirements of this chapter and that meet all of the following requirements: (A) The proposed PRO submits to the department, and agrees to cover the department’s reasonable costs to review, a petition to establish a new PRO. (B) The proposed PRO is composed of a sufficient number of producers to jointly comply with the requirements of this chapter. (C) The proposed PRO agrees to cover the costs of all of the provisions of this chapter applicable to the proposed PRO and its participant producers. (b) Each producer covered under a PRO shall register with that PRO in accordance with the procedures and requirements established by that PRO and shall comply with those procedures and requirements. (c) Upon approval of a plan pursuant to Section 42984.8, or commencing July 1, 2030, whichever is sooner, a producer shall be subject to penalties under Section 42984.21 unless all of the following are met: (1) The producer is a participant of the PRO. (2) All covered products are accounted for in the plan. (3) If an entity does not meet the definition of a producer and is not subject to this chapter before January 1, 2030, but, at any point, after January 1, 2030, meets the definition of a producer, the producer shall, within 90 days, become a participant of the PRO and comply with the requirements of this chapter. (d) A producer is not in compliance with this chapter and is subject to penalties pursuant to this chapter if a covered product sold or offered for sale by the producer is not subject to an approved PRO plan that has been approved by the department pursuant to Section 42984.8. (Added by Stats. 2024, Ch. 864, Sec. 1. (SB 707) Effective January 1, 2025.)
  82. 42984.5.

    ## 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 20.5. Responsible Textile Recovery Act of 2024 [42984 - 42984.27] ( Chapter 20.5 added by Stats. 2024, Ch. 864, Sec. 1. ) ## ARTICLE 2. Producers [42984.4 - 42984.5] ( Article 2 added by Stats. 2024, Ch. 864, Sec. 1. )

    Verify source ↗

    Producers or the PRO must give the department a list of brands of covered products, and later update that list when required.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 20.5. Responsible Textile Recovery Act of 2024 [42984 - 42984.27] ( Chapter 20.5 added by Stats. 2024, Ch. 864, Sec. 1. ) ## ARTICLE 2. Producers [42984.4 - 42984.5] ( Article 2 added by Stats. 2024, Ch. 864, Sec. 1. ) ## 42984.5. (a) No later than 30 days after the effective date of the regulations implementing this chapter, individual producers or the PRO shall provide to the department, in a form and manner established by the department, a list of brands of covered products that each producer sells, distributes for sale, imports for sale, or offers for sale in or into the state. (b) A producer or PRO 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. (Added by Stats. 2024, Ch. 864, Sec. 1. (SB 707) Effective January 1, 2025.)
  83. 42984.6.

    ## 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 20.5. Responsible Textile Recovery Act of 2024 [42984 - 42984.27] ( Chapter 20.5 added by Stats. 2024, Ch. 864, Sec. 1. ) ## ARTICLE 3. Producer Responsibility Organizations (PROs) [42984.6 - 42984.7] ( Article 3 added by Stats. 2024, Ch. 864, Sec. 1. )

    Verify source ↗

    A producer responsibility organization must prepare and pay for the initial statewide needs assessment, consult with the department and local jurisdictions, and submit the assessment and any updates by March 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 20.5. Responsible Textile Recovery Act of 2024 [42984 - 42984.27] ( Chapter 20.5 added by Stats. 2024, Ch. 864, Sec. 1. ) ## ARTICLE 3. Producer Responsibility Organizations (PROs) [42984.6 - 42984.7] ( Article 3 added by Stats. 2024, Ch. 864, Sec. 1. ) ## 42984.6. (a) (1) A PRO shall prepare the initial statewide needs assessment designed to determine the necessary steps and investment needed for covered products, to achieve the requirements of this chapter. Needs assessments, or components thereof, shall be updated every five years or as necessary to ensure the requirements of this chapter are met. An initial needs assessment for covered products shall be completed before the completion and approval of any producer responsibility plan for covered products. The PRO may select an independent third-party contractor to complete the needs assessment. (2) A PRO shall cover the cost of developing any needs assessment and any update to a needs assessment. (3) A PRO may prepare more than one needs assessment, with each assessment specific to one or more covered products subject to this chapter, or may prepare one comprehensive needs assessment that includes all covered products subject to this chapter. (4) A PRO shall consult with the department and local jurisdictions when preparing the needs assessment. (5) The initial needs assessment, and any updates, shall be submitted to the department by March 1, 2027. The department shall review and approve, conditionally approve, or disapprove the needs assessment as meeting the requirements of this chapter within 90 days of submission. (6) If there is more than one PRO approved by the department at the time updated needs assessments are completed, then the approved PROs may collaborate on a single needs assessment. (b) A needs assessment shall comply with all of the following: (1) Be designed to inform the program budget and PRO plan. (2) Include an evaluation of all of the following with respect to covered products and covered product categories: (A) Existing scope and scale of annual covered products diverted to landfill in the state by type of covered product, material composition, and volume and annual covered product recovery diverted to reuse, repair, or recycling in the state or from the state by type of covered product, material composition, and volume. (B) The current repair, reuse, recycling, collection, sorting, and hauling system in the state and the expanded access and additional repair, reuse, recycling, collection, sorting, disassembly, and hauling options needed to meet the requirements of this chapter. (C) Current market conditions and the need to create responsible and economically viable end markets in the state, regionally, and globally. (D) Existing state statutory provisions and funding sources related to market development and financial incentives to help achieve the state’s goals related to repair, reuse, recycling, collection, sorting, disassembly, and hauling. (E) Consumer education needs and the methods by which the PRO can best reach consumers with educational messaging. (F) Consumer behaviors to drive repair, reuse, and recycling and to achieve the requirements of this chapter. (G) Funding needs and incentive mechanisms necessary to achieve the requirements of this chapter, including coverage of the operation of the stewardship program. (H) Fee reduction or redistribution mechanisms necessary to achieve the requirements of this chapter, in a manner that equitably distributes the costs among participating producers that reflects production and sales volumes relevant to the California market. Fee reduction or redistribution mechanisms may consider existing producer collection, repair, reuse, and recycling programs that help achieve the purpose of this chapter. (I) Actions and investments necessary to provide sufficient access to collection, recycling, composting, processing, and transportation to responsible and economically viable end markets. (J) An evaluation of the availability or lack of availability of responsible end markets for recycled covered products, the need to incentivize reused products or recycled material market development, and the associated investments and actions needed to ensure that the covered products are reused or recycled and have responsible and economically viable and sufficient end markets. (K) The needs assessment shall include an evaluation of the factors contributing to the presence of perfluoroalkyl and polyfluoroalkyl substances (PFAS) and other chemicals regulated under Chapter 6.6 (commencing with Section 25249.5) of Division 20 of the Health and Safety Code and Chapter 12.5 (commencing with Section 108945) of, and Chapter 13.5 (commencing with Section 108970) of, Part 3 of Division 104 of the Health and Safety Code, and the actions and investments needed to avoid contamination related to recycling. This shall include available environmental and public health data and an evaluation of the available end markets for recycled material that cannot be remanufactured into textiles or textile articles in California. (L) Whether allowing more than one PRO would be beneficial in meeting the requirements of the chapter. (M) Evaluate what factors will be important to successfully implement the eco-modulated fee structure required by subdivision (b) of Section 42984.10, and what associated data collection will be necessary as part of the plan. (c) The department shall guide development of a needs assessment, which shall be developed by a PRO in consultation with a broad diversity of local jurisdictions, recycling service providers, and processors that reflect the different needs and challenges presented by managing different covered products through final disposition. (Added by Stats. 2024, Ch. 864, Sec. 1. (SB 707) Effective January 1, 2025.)
  84. 42984.7.

    ## 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 20.5. Responsible Textile Recovery Act of 2024 [42984 - 42984.27] ( Chapter 20.5 added by Stats. 2024, Ch. 864, Sec. 1. ) ## ARTICLE 3. Producer Responsibility Organizations (PROs) [42984.6 - 42984.7] ( Article 3 added by Stats. 2024, Ch. 864, Sec. 1. )

    Verify source ↗

    Producer responsibility organizations must approve qualifying collection sites, include eligible local jurisdictions within 90 days, require contractors to pay at least minimum wage, and notify the department of specified issues within 30 calendar days.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 20.5. Responsible Textile Recovery Act of 2024 [42984 - 42984.27] ( Chapter 20.5 added by Stats. 2024, Ch. 864, Sec. 1. ) ## ARTICLE 3. Producer Responsibility Organizations (PROs) [42984.6 - 42984.7] ( Article 3 added by Stats. 2024, Ch. 864, Sec. 1. ) ## 42984.7. (a) A PRO shall approve collection sites under its stewardship program that agree to comply with all applicable state, federal, or municipal laws, regulations, and rules and conditions adopted by the PRO. (b) A PRO shall include as a collection site under its stewardship program any local jurisdiction that offers in writing to participate in the stewardship program and agrees to comply with any PRO requirements that are consistent with that PRO’s approved plan even if the minimum thresholds described in subdivision (d) of Section 42984.10, as applicable, have been achieved. (1) A PRO shall include the local jurisdiction as a collection site in the stewardship program within 90 days of receiving the written offer to participate, confirming that the local jurisdiction will comply with any PRO requirements that are consistent with an approved plan, even if the minimum thresholds described in subdivision (d) of Section 42984.10, as applicable, have been achieved. (2) The PRO shall not be required to respond to offers pursuant to this paragraph until the PRO’s plan has been approved by the department. (c) A PRO may suspend or terminate a collection site that does not comply with all applicable state, federal, or municipal laws and regulations or adhere to the rules and conditions imposed by the PRO. (d) A collection site shall be operated and managed to ensure that covered products are collected safely and handled in accordance with all applicable state, federal, and municipal laws and regulations and the rules and conditions of the plan. Authorized collectors and authorized sorters may divert reusable covered products for sale in secondhand markets. (e) A PRO shall require all contractors to pay at least the state minimum wage. (f) Each participant of a PRO with an approved plan shall comply with the requirements of this chapter. The PRO shall notify the department within 30 calendar days of any the following: (1) The end of any three-month period in which the PRO unsuccessfully attempted to obtain a fee, records, or information from a participant producer, or received incomplete or incorrect records or information. (2) The date a producer no longer participates in the PRO’s approved plan. (3) Any instance of noncompliance by a participant producer. (Added by Stats. 2024, Ch. 864, Sec. 1. (SB 707) Effective January 1, 2025.)
  85. 42984.8.

    ## 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 20.5. Responsible Textile Recovery Act of 2024 [42984 - 42984.27] ( Chapter 20.5 added by Stats. 2024, Ch. 864, Sec. 1. ) ## ARTICLE 4. Producer Responsibility Plan for Covered Products [42984.8 - 42984.12] ( Article 4 added by Stats. 2024, Ch. 864, Sec. 1. )

    Verify source ↗

    A PRO must prepare and submit a complete stewardship plan, and the department must review it and decide whether to approve 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 20.5. Responsible Textile Recovery Act of 2024 [42984 - 42984.27] ( Chapter 20.5 added by Stats. 2024, Ch. 864, Sec. 1. ) ## ARTICLE 4. Producer Responsibility Plan for Covered Products [42984.8 - 42984.12] ( Article 4 added by Stats. 2024, Ch. 864, Sec. 1. ) ## 42984.8. (a) Within 12 months of the effective date of the regulations adopted by the department pursuant to Section 42984.2, a PRO shall develop and submit to the department a complete plan, in a form and manner determined by the department, in accordance with the requirements of this chapter, for the collection, transportation, repair, sorting, recycling, and the safe and proper management of covered products in the state. No PRO serving more than one producer may limit its stewardship plan for covered products to the covered products of the producers participating in that stewardship program. (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. (c) (1) If the department disapproves a plan submitted by a PRO, the department shall explain how the plan does not comply with this chapter and provide written notice to the PRO within 60 days of disapproval. The PRO may resubmit to the department a revised plan within 30 days of the date the written notice was issued, and the department shall review the revised plan within 60 days of resubmittal. (2) If the department disapproves a revised plan submitted by a PRO, the department shall explain how the plan does not comply with this chapter and provide written notice to the PRO within 60 days of disapproval. The PRO shall then revise and resubmit the plan consistent with the department’s direction within 30 days, otherwise the disapproval is final and the PRO and producers may be subject to penalties. (3) By July 1, 2030, a PRO shall have a complete plan approved by the department and each producer shall be subject to an approved plan to be in compliance with this chapter. (d) Within three months of approval by the department, a PRO shall begin to implement the approved plan. (e) A PRO with an approved plan shall submit any proposed substantial change to the plan to the department for approval employing the procedures set forth in this section. (f) The approved plan shall be a public record, except that financial or sales data reported to the department by the PRO is not a public record for purposes of the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) and shall not be open to public inspection. The department may release financial or sales data in summary form only so the information cannot be attributable to a specific producer or distributor or to any other entity. (Added by Stats. 2024, Ch. 864, Sec. 1. (SB 707) Effective January 1, 2025.)
  86. 42984.9.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 20.5. Responsible Textile Recovery Act of 2024 [42984 - 42984.27] ( Chapter 20.5 added by Stats. 2024, Ch. 864, Sec. 1. ) ## ARTICLE 4. Producer Responsibility Plan for Covered Products [42984.8 - 42984.12] ( Article 4 added by Stats. 2024, Ch. 864, Sec. 1. )

    Verify source ↗

    The PRO must fully implement the approved plan within 12 months after the department approves 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 20.5. Responsible Textile Recovery Act of 2024 [42984 - 42984.27] ( Chapter 20.5 added by Stats. 2024, Ch. 864, Sec. 1. ) ## ARTICLE 4. Producer Responsibility Plan for Covered Products [42984.8 - 42984.12] ( Article 4 added by Stats. 2024, Ch. 864, Sec. 1. ) ## 42984.9. The PRO shall fully implement the approved plan within 12 months of the department’s approval of the plan pursuant to Section 42984.8. (Added by Stats. 2024, Ch. 864, Sec. 1. (SB 707) Effective January 1, 2025.)
  87. 42985.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 21. Used Mattress Recovery and Recycling Act [42985 - 42994] ( Chapter 21 added by Stats. 2013, Ch. 388, Sec. 1. )

    Verify source ↗

    Manufacturers of mattresses sold in this state must develop, finance, and implement a convenient, cost-effective program to recover and recycle used mattresses generated 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 21. Used Mattress Recovery and Recycling Act [42985 - 42994] ( Chapter 21 added by Stats. 2013, Ch. 388, Sec. 1. ) ## 42985. (a) The Legislature finds and declares both of the following: (1) In order to reduce illegal dumping, increase recycling, and substantially reduce public agency costs for the end-of-life management of used mattresses, the Used Mattress Recovery and Recycling Act is hereby established by this chapter to require manufacturers of mattresses sold in this state to develop, finance, and implement a convenient and cost-effective program to recover and recycle used mattresses generated in this state. (2) The program developed and implemented by manufacturers of mattresses sold in this state shall strive for the maximum feasible level of recovery and recycling of used mattresses generated in support of the statewide goal that at least 75 percent of all solid waste be recycled by January 1, 2020. (b) It is the intent of the Legislature in enacting this chapter that consumers have the opportunity to drop off their used mattresses free of charge and that this chapter will not undermine existing used mattress recycling, resale, refurbishing, and reuse operations that are in compliance with state and federal law. (Added by Stats. 2013, Ch. 388, Sec. 1. (SB 254) Effective January 1, 2014.)
  88. 42985.1.

    ## 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 21. Used Mattress Recovery and Recycling Act [42985 - 42994] ( Chapter 21 added by Stats. 2013, Ch. 388, Sec. 1. )

    Verify source ↗

    This chapter is named the Used Mattress Recovery and Recycling 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 21. Used Mattress Recovery and Recycling Act [42985 - 42994] ( Chapter 21 added by Stats. 2013, Ch. 388, Sec. 1. ) ## 42985.1. This chapter shall be known, and may be cited, as the Used Mattress Recovery and Recycling Act. (Added by Stats. 2013, Ch. 388, Sec. 1. (SB 254) Effective January 1, 2014.)
  89. 42986.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 21. Used Mattress Recovery and Recycling Act [42985 - 42994] ( Chapter 21 added by Stats. 2013, Ch. 388, Sec. 1. ) ## ARTICLE 1. Definitions [42986- 42986.] ( Article 1 added by Stats. 2013, Ch. 388, Sec. 1. )

    Verify source ↗

    This section defines key terms used in the Used Mattress Recovery and Recycling Act.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 21. Used Mattress Recovery and Recycling Act [42985 - 42994] ( Chapter 21 added by Stats. 2013, Ch. 388, Sec. 1. ) ## ARTICLE 1. Definitions [42986- 42986.] ( Article 1 added by Stats. 2013, Ch. 388, Sec. 1. ) ## 42986. For purposes of this chapter, the following definitions shall apply: (a) (1) “Consumer” means an owner of a mattress, including a person, business, corporation, limited partnership, nonprofit organization, or governmental entity, and including the ultimate purchaser, owner, or lessee of a mattress. (2) “Consumer” does not include a government organization or other party that obtains one or more used mattresses in the course of collecting used mattresses for recycling for purposes of this chapter, or through the ordinary collection and handling of municipal solid waste. (b) “Distributor” means a company that has a contractual relationship with one or more manufacturers to market and sell mattresses to retailers. (c) “Foundation” means a ticking-covered structure used to support a mattress or sleep surface. The structure may include constructed frames, foam, box springs, or other materials, used alone or in combination. (d) “Good faith effort” means all reasonable and economically practical efforts by a mattress recycling organization to implement the components identified in its approved plan consistent with its annual budget. (e) “Importer” means a party 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 finished mattress sold in the state that was manufactured or assembled by a company outside the United States. (f) (1) “Manufacturer” means any of the following: (A) The person who manufactures a mattress and who sells, offers for sale, or distributes a mattress in the state. (B) If there is no person who is a manufacturer of a mattress for purposes of subparagraph (A), the manufacturer is the person who imports the mattress into the state for sale or distribution. (2) Except as provided pursuant to paragraph (2) of subdivision (b) of Section 42987, a retailer that brings a mattress into its store locations from an out-of-state warehouse or distribution center is not a manufacturer. (g) (1) “Mattress” means a resilient material or combination of materials that is enclosed by a ticking, is used alone or in combination with other products, and is intended for or promoted for sleeping upon. (2) “Mattress” includes a foundation, a renovated mattress or renovated foundation, and a futon mattress. (3) “Mattress” does not include the following: (A) An unattached mattress pad or unattached mattress topper, including items with resilient filling, with or without ticking, intended to be used with or on top of a mattress. (B) A sleeping bag or pillow. (C) A car bed, crib, or bassinet mattress. (D) Juvenile products, including a carriage, basket, dressing table, stroller, playpen, infant carrier, lounge pad, or crib bumper, and the pads for those juvenile products. (E) A product containing liquid- and gaseous-filled ticking, including a water bed and air mattress that does not contain upholstery material between the ticking and the mattress core. (F) Upholstered furniture that does not otherwise contain a detachable mattress or that is a fold out sofa bed, sleeper sofa, or folding cot. (h) “Mattress recycling organization” or “organization” means an organization exempt from taxation under Section 501(c)(3) of the Internal Revenue Code of 1986, that is established by a qualified industry association, composed of manufacturers, renovators, and retailers, and certified pursuant to Section 42987, to develop, implement, and administer the mattress recycling program established pursuant to this chapter. (i) “Used mattress recovery and recycling plan” or “plan” means the plan for recycling used mattresses that is developed by the mattress recycling organization pursuant to this chapter. (j) “Program” or “used mattress recycling program” means the program implemented by the mattress recycling organization pursuant to a plan approved by the department. (k) “Qualified industry association” means the International Sleep Products Association or a successor of that organization, or a group of mattress manufacturers that collectively represent at least 35 percent of the volume of mattresses manufactured in the United States. (l) “Recycle” or “recycling” has the same meaning as defined in Section 40180. (m) “Recycler” means a person that engages in the manual or mechanical separation of mattresses to substantially recover components and commodities contained in mattresses for the purpose of reuse or recycling. (n) “Recycling charge” or “charge” means the charge imposed on the sale of a new or renovated mattress at the point of sale and collected by the organization to fund the recycling of used mattresses pursuant to this chapter. (o) (1) “Renovate” or “renovation” means altering a used mattress for the purpose of resale and includes one or more of the following: (A) Replacing the mattress, ticking, or filling. (B) Adding additional filling. (C) Rebuilding a used mattress. (D) Replacing components with new or postconsumer materials unless the material is a clean recycled material, consists of used electronic parts or controls, or is a used mattress base that is not covered by ticking. (2) “Renovate” or “renovation” does not include any of the following: (A) Stripping a mattress of its ticking or filling without adding new material. (B) Sterilizing or sanitizing a mattress without otherwise altering the mattress. (C) Altering a mattress by a renovator when a person retains the altered mattress for lease, rental, or personal use. (D) Refurbishing that disqualifies a mattress for a yellow wholesale renovator tag to be affixed to the mattress, in accordance with the regulations adopted by the Department of Consumer Affairs. (p) “Renovator” means a person who renovates used mattresses for the purpose of sale, or offering for sale, in this state. (q) “Retailer” means a person who sells mattresses in the state or offers to a consumer a mattress in the state through any means, including, but not limited to, by remote offering, including sales outlets or catalogs, electronically through the internet, by telephone, or through the mail. (r) “Sale” or “sell” means the transfer of title of a mattress for consideration, including by a manufacturer, a distributor, or a retailer for eventual consumption to a consumer in the state, including remote sales conducted through sales outlets, catalogs, or the internet or any other similar electronic means. For purposes of this chapter, a long-term lease of not less than 12 months is the same as a sale. (s) “Solid waste facility” means, for purposes of this chapter, a solid waste facility as defined in Section 40194 that accepts, under its normal operating conditions, used mattresses for collection, storing, and handling, whether for recycling or disposal. (t) (1) “Ticking” means the outermost layer of fabric or related material of a mattress. (2) “Ticking” does not include another layer of fabric or related material that is quilted together with, or otherwise attached to, the outermost layer of fabric or related material. (u) “Used mattress” means a mattress that has been abandoned or discarded by a consumer. (Amended by Stats. 2019, Ch. 673, Sec. 1. (AB 187) Effective January 1, 2020.)
  90. 42987.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 21. Used Mattress Recovery and Recycling Act [42985 - 42994] ( Chapter 21 added by Stats. 2013, Ch. 388, Sec. 1. ) ## ARTICLE 2. Mattress Recycling Plan [42987 - 42987.5] ( Article 2 added by Stats. 2013, Ch. 388, Sec. 1. )

    Verify source ↗

    This section lets a qualified industry association create a mattress recycling organization, and it requires registration, consultation, and sales-compliance rules for mattress businesses.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 21. Used Mattress Recovery and Recycling Act [42985 - 42994] ( Chapter 21 added by Stats. 2013, Ch. 388, Sec. 1. ) ## ARTICLE 2. Mattress Recycling Plan [42987 - 42987.5] ( Article 2 added by Stats. 2013, Ch. 388, Sec. 1. ) ## 42987. (a) (1) A qualified industry association or a successor organization may establish a mattress recycling organization for purposes of this chapter, which shall be composed of manufacturers, renovators, and retailers and be certified pursuant to this section to develop, implement, and administer the mattress recycling program established pursuant to this chapter. (2) Within 60 days of receipt of a request for certification, the department shall notify the requesting qualified industry association of the department’s decision whether or not to certify that a mattress recycling organization has been established by the qualified industry association or successor organization and is composed of manufacturers, renovators, and retailers for purposes of establishing the mattress recycling plan. (3) (A) Prior to certification by the department, the department’s director shall appoint an advisory committee to be part of the mattress recycling organization. (B) The advisory committee may be composed of members of the environmental community, solid waste industry, and local government public and private representatives involved in the collection, processing, and recycling of used mattresses, and other interested parties. (C) (i) The mattress recycling organization shall consult the advisory committee at least once during the development and implementation of the plan required pursuant to Section 42987.1, and annually prior to the submission of both an annual report required pursuant to Section 42990.1 and an annual budget required pursuant to Section 42988. (ii) For purposes of being consulted pursuant to this subparagraph, the advisory committee shall prepare specific written recommendations at a publicly scheduled and noticed meeting of the advisory committee that are approved by a majority of the advisory committee’s members pursuant to a rollcall vote and included in the official approved minutes of the meeting. The organization shall consider and respond to those written recommendations in writing. (b) (1) Each manufacturer, renovator, distributor, and retailer shall register with the mattress recycling organization. (2) A retailer may register with the mattress recycling organization as a manufacturer for a brand for which there is not a registered manufacturer. (c) A retailer shall not sell, distribute, or offer for sale a mattress in the state unless the retailer is in compliance with this chapter and the manufacturer or renovator of the mattress sold by the retailer is listed in compliance with this chapter. (d) A manufacturer, renovator, or distributor shall not sell, offer for sale, or import a mattress in this state, or sell or distribute a mattress to a distributor or retailer, unless the manufacturer, renovator, or distributor is in compliance with this chapter. (Amended by Stats. 2019, Ch. 673, Sec. 2. (AB 187) Effective January 1, 2020.)
  91. 42987.1.

    ## 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 21. Used Mattress Recovery and Recycling Act [42985 - 42994] ( Chapter 21 added by Stats. 2013, Ch. 388, Sec. 1. ) ## ARTICLE 2. Mattress Recycling Plan [42987 - 42987.5] ( Article 2 added by Stats. 2013, Ch. 388, Sec. 1. )

    Verify source ↗

    The mattress recycling organization must submit a used-mattress recycling plan to the department by July 1, 2015, and the plan must include a long list of required program 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 21. Used Mattress Recovery and Recycling Act [42985 - 42994] ( Chapter 21 added by Stats. 2013, Ch. 388, Sec. 1. ) ## ARTICLE 2. Mattress Recycling Plan [42987 - 42987.5] ( Article 2 added by Stats. 2013, Ch. 388, Sec. 1. ) ## 42987.1. On or before July 1, 2015, the mattress recycling organization shall develop and submit to the department a plan for recycling used mattresses in the state in an economically efficient and practical manner that includes all of the following goals and elements: (a) Program objectives consistent with the state’s solid waste management hierarchy. (b) The names of manufacturers, renovators, distributors, and brands covered under the plan. (c) A consultation process with affected stakeholders, including, but not limited to, local government representatives, recyclers, and solid waste industry representatives. (d) Methods to increase the number of used mattresses diverted from landfills, reduce the number of illegally dumped used mattresses, and increase the quantity of used materials recovered through this process and recycled for other uses. (e) (1) The establishment and administration of a means for funding the plan in a manner that distributes the mattress recycling organization’s costs uniformly over all mattresses sold in the state. (2) The funding mechanism shall provide sufficient funding for the mattress recycling organization to carry out the plan, including the administrative, operational, and capital costs of the plan. (f) The publishing of an annual report for each calendar year of operation. (g) Conducting research, as needed, related to improving used mattress collection, dismantling, and recycling operations, including pilot programs to test new processes, methods, or equipment on a local, regional, or otherwise limited basis. (h) A program performance measurement that shall collect program data for the purpose of the annual report. The information shall include both of the following: (1) A methodology for estimating the amount of mattresses sold in the state and used mattresses available for collection in the state, and for quantifying the number of used mattresses collected and recycled in the state. (2) A methodology for determining mattresses sold in the state by the manufacturers and renovators of the mattress recycling organization. (i) A description of methods used to coordinate activities with existing used mattress collecting and recycling programs, including existing nonprofit mattress recyclers, and with other relevant parties as appropriate, with regard to the proper management or recycling of discarded or abandoned mattresses, for purposes of providing the efficient delivery of services and avoiding unnecessary duplication of effort and expense. (j) Entering into contracts or agreements, which may include contracts and agreements with existing nonprofit or for-profit recyclers, that are necessary and proper for the mattress recycling organization to carry out these duties consistent with the terms of this chapter. (k) Establishing a financial incentive to encourage parties to collect for recycling used mattresses discarded or illegally dumped in the state. (l) Ensuring, to the maximum extent possible, that urban and rural local governments and participating permitted solid waste facilities and authorized solid waste operations that accept mattresses are provided with a mechanism for the recovery of illegally disposed used mattresses that is funded at no additional cost to the local government, solid waste facility, or solid waste operation. (m) Developing strategies, in consultation with the California Environmental Protection Agency’s Environmental Justice Task Force and other relevant parties, for collecting used mattresses for recycling in areas and communities that face unique challenges associated with proper waste management such as poverty, language barriers, and illegal mattress dumping. (n) Providing outreach efforts and education to consumers, manufacturers, and retailers, for the purpose of promoting the recycling of used mattresses and options available to consumers for the free dropoff or collection of used mattresses. (o) A provision that allows an individual to drop off, at no charge, a mattress at a recycler, renovator, mattress recycling center, permitted solid waste facility, authorized solid waste operation, or other municipal facility that accepts mattresses consistent with state solid waste regulations, and that provides for the payment to a municipal or solid waste facility or operation that accepts mattresses an amount determined by the municipal or solid waste facility or operation and the mattress recycling organization to be reasonable for accepting, collecting, storing, transporting, and handling used mattresses. (p) Ensuring that the impact of Article XIII C of the California Constitution is addressed for local governments participating in the program. (q) A report from the advisory committee, established pursuant to paragraph (3) of subdivision (a) of Section 42987, that includes a summary of the consultative process between the advisory committee and the mattress recycling organization during the development of, and any updates to, the plan, as well as any other information deemed pertinent by the advisory committee to maximizing the recovery and recycling of used mattresses in the state. (r) A contingency plan in the event the department decertifies the mattress recycling organization, or a mattress recycling plan expires, is disapproved, or is revoked. The contingency plan shall describe how the plan objectives can be carried out, in accordance with subdivision (c) of Section 42989.3, in the absence of a plan, either by the mattress recycling organization, or by the department through some entity such as an escrow company. (s) Other information requested by the department that is reasonably related to compliance with the recycling plan and that the organization can reasonably compile. (Amended by Stats. 2019, Ch. 673, Sec. 3. (AB 187) Effective January 1, 2020.)
  92. 42987.1.5.

    ## 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 21. Used Mattress Recovery and Recycling Act [42985 - 42994] ( Chapter 21 added by Stats. 2013, Ch. 388, Sec. 1. ) ## ARTICLE 2. Mattress Recycling Plan [42987 - 42987.5] ( Article 2 added by Stats. 2013, Ch. 388, Sec. 1. )

    Verify source ↗

    The mattress recycling organization must review the plan in 2020 and at least every five years after that, and amend it if needed, while the department may disapprove a no-amendment determination within 30 days.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 21. Used Mattress Recovery and Recycling Act [42985 - 42994] ( Chapter 21 added by Stats. 2013, Ch. 388, Sec. 1. ) ## ARTICLE 2. Mattress Recycling Plan [42987 - 42987.5] ( Article 2 added by Stats. 2013, Ch. 388, Sec. 1. ) ## 42987.1.5. (a) During calendar year 2020, and at least once every five years thereafter, the mattress recycling organization shall review the plan and determine whether amendments to the plan are necessary. (b) If the organization determines amendments to the plan are necessary, it shall amend the plan, subject to the approval process in Section 42987.3. (c) If the organization determines that no amendments to the plan are necessary, it shall send a letter to the department explaining that the organization has reviewed the plan and determined no revisions are needed. The department may disapprove the organization’s determination within 30 days of that determination if it concludes that the organization cannot implement the objectives of this chapter without amending the plan. (Added by Stats. 2019, Ch. 673, Sec. 4. (AB 187) Effective January 1, 2020.)
  93. 42987.2.

    ## 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 21. Used Mattress Recovery and Recycling Act [42985 - 42994] ( Chapter 21 added by Stats. 2013, Ch. 388, Sec. 1. ) ## ARTICLE 2. Mattress Recycling Plan [42987 - 42987.5] ( Article 2 added by Stats. 2013, Ch. 388, Sec. 1. )

    Verify source ↗

    When preparing the mattress recycling plan or plan updates, the mattress recycling organization must consult interested stakeholders.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 21. Used Mattress Recovery and Recycling Act [42985 - 42994] ( Chapter 21 added by Stats. 2013, Ch. 388, Sec. 1. ) ## ARTICLE 2. Mattress Recycling Plan [42987 - 42987.5] ( Article 2 added by Stats. 2013, Ch. 388, Sec. 1. ) ## 42987.2. In preparing the plan pursuant to Section 42987.1 and any updates to the plan pursuant to Section 42987.1.5, the mattress recycling organization shall consult with interested stakeholders, which shall include, but not be limited to, local government representatives, recyclers, and solid waste industry representatives. (Amended by Stats. 2019, Ch. 673, Sec. 5. (AB 187) Effective January 1, 2020.)
  94. 42987.3.

    ## 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 21. Used Mattress Recovery and Recycling Act [42985 - 42994] ( Chapter 21 added by Stats. 2013, Ch. 388, Sec. 1. ) ## ARTICLE 2. Mattress Recycling Plan [42987 - 42987.5] ( Article 2 added by Stats. 2013, Ch. 388, Sec. 1. )

    Verify source ↗

    The department must review a mattress recycling plan within 90 days and may approve, disapprove, or conditionally approve it; if the department takes no action in time, the plan is deemed 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 21. Used Mattress Recovery and Recycling Act [42985 - 42994] ( Chapter 21 added by Stats. 2013, Ch. 388, Sec. 1. ) ## ARTICLE 2. Mattress Recycling Plan [42987 - 42987.5] ( Article 2 added by Stats. 2013, Ch. 388, Sec. 1. ) ## 42987.3. (a) The department shall review the plan for compliance with this chapter and shall approve, disapprove, or conditionally approve the plan within 90 days of receipt of the plan. If the department fails to act within 90 days of the receipt of the plan, the plan shall be deemed approved. (b) If the department disapproves the plan pursuant to subdivision (a), the department shall explain, in writing, how the plan does not comply with this chapter, and the mattress recycling organization shall resubmit a plan to the department. If the department finds that the plan resubmitted by the organization does not comply with the requirements of this chapter, the mattress recycling organization shall not be deemed in compliance with this chapter until the organization submits a plan that the department finds complies with the requirements of this chapter. (c) The approved plan shall be a public record, except that financial, production, or sales data reported to the department by the mattress recycling organization is not 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 manufacturer or retailer or to any other entity. (Amended by Stats. 2021, Ch. 615, Sec. 393. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  95. 42987.4.

    ## 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 21. Used Mattress Recovery and Recycling Act [42985 - 42994] ( Chapter 21 added by Stats. 2013, Ch. 388, Sec. 1. ) ## ARTICLE 2. Mattress Recycling Plan [42987 - 42987.5] ( Article 2 added by Stats. 2013, Ch. 388, Sec. 1. )

    Verify source ↗

    The mattress recycling organization must implement the approved plan within 90 days after the department approves or conditionally approves 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 21. Used Mattress Recovery and Recycling Act [42985 - 42994] ( Chapter 21 added by Stats. 2013, Ch. 388, Sec. 1. ) ## ARTICLE 2. Mattress Recycling Plan [42987 - 42987.5] ( Article 2 added by Stats. 2013, Ch. 388, Sec. 1. ) ## 42987.4. Within 90 days after approval or conditional approval by the department of the plan, the mattress recycling organization shall implement the approved plan. (Added by Stats. 2013, Ch. 388, Sec. 1. (SB 254) Effective January 1, 2014.)
  96. 42987.5.

    ## 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 21. Used Mattress Recovery and Recycling Act [42985 - 42994] ( Chapter 21 added by Stats. 2013, Ch. 388, Sec. 1. ) ## ARTICLE 2. Mattress Recycling Plan [42987 - 42987.5] ( Article 2 added by Stats. 2013, Ch. 388, Sec. 1. )

    Verify source ↗

    The department must set and publish mattress recycling goals and related convenience metrics, and the mattress recycling organization must provide free freight service in some cases.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 21. Used Mattress Recovery and Recycling Act [42985 - 42994] ( Chapter 21 added by Stats. 2013, Ch. 388, Sec. 1. ) ## ARTICLE 2. Mattress Recycling Plan [42987 - 42987.5] ( Article 2 added by Stats. 2013, Ch. 388, Sec. 1. ) ## 42987.5. (a) (1) On or before January 1, 2018, based on methodology contained in the plan and information contained in the first annual report, the department, in consultation with the organization, and after taking into consideration relevant economic and practical considerations and other information, shall establish and make public the following: (A) The state mattress recycling baseline amount. (B) The state mattress recycling goals. (C) On or before July 1, 2020, metrics and goals for increasing consumer convenience for used mattress dropoff, disposal, and recycling in a way that, notwithstanding this subdivision, applies to the entire state regardless of socioeconomic conditions. (D) On or before January 1, 2021, convenience goals to be effective January 1, 2022, specific to each of the following: (i) (I) Consumer access to the program, including at least one permanent mattress dropoff location in each county. The requirement to have at least one permanent mattress dropoff location in each county shall not apply to a county with a population of less than 2,000 people as long as the organization continues to provide at least two collection events in the county each year. The department may require additional dropoff locations to ensure that consumers have sufficient convenient access to dropoff locations. (II) The mattress recycling organization shall provide no-cost freight services to any mattress retailer, health care facility, educational facility, military base, or lodging establishment that has at least 100 used mattresses to pick up at one time. (ii) Retailer access to the program. (2) When calculating the state mattress recycling goals, the department shall include renovated mattresses. (b) Beginning July 1, 2019, and annually thereafter, the annual report required pursuant to Section 42990.1 shall demonstrate the mattress recycling organization’s good faith effort to comply with the goals established pursuant to this section. (c) On or before July 1, 2020, and every four years thereafter, the department shall review, including reviewing for consistency with Section 41780.01, and update as necessary, the baseline amount and goals to ensure that the program advances these goals. (Amended by Stats. 2019, Ch. 673, Sec. 6. (AB 187) Effective January 1, 2020.)
  97. 42988.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 21. Used Mattress Recovery and Recycling Act [42985 - 42994] ( Chapter 21 added by Stats. 2013, Ch. 388, Sec. 1. ) ## ARTICLE 3. Budget [42988 - 42988.3] ( Article 3 added by Stats. 2013, Ch. 388, Sec. 1. )

    Verify source ↗

    Each year, the mattress recycling organization must submit a proposed used mattress recycling program budget to the department by July 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 21. Used Mattress Recovery and Recycling Act [42985 - 42994] ( Chapter 21 added by Stats. 2013, Ch. 388, Sec. 1. ) ## ARTICLE 3. Budget [42988 - 42988.3] ( Article 3 added by Stats. 2013, Ch. 388, Sec. 1. ) ## 42988. On or before July 1 of each year, the mattress recycling organization shall prepare and submit to the department a proposed used mattress recycling program budget for the following calendar year that includes all of the following: (a) Anticipated revenues and costs of implementing the program, including related programs, projects, contracts, and administrative expenses. (b) A recommended funding level sufficient to cover the plan’s budgeted costs and to operate the mattress recycling program in a prudent and responsible manner. (c) The amount of the mattress recycling charge and itemization of costs that each charge covers. (d) Additional information that the department deems necessary to determine whether the budget meets the requirements of this chapter. (Amended by Stats. 2019, Ch. 673, Sec. 7. (AB 187) Effective January 1, 2020.)
  98. 42988.1.

    ## 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 21. Used Mattress Recovery and Recycling Act [42985 - 42994] ( Chapter 21 added by Stats. 2013, Ch. 388, Sec. 1. ) ## ARTICLE 3. Budget [42988 - 42988.3] ( Article 3 added by Stats. 2013, Ch. 388, Sec. 1. )

    Verify source ↗

    The department must act on a final used mattress recycling program budget within 90 days, and the organization must resubmit revised budgets when required.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 21. Used Mattress Recovery and Recycling Act [42985 - 42994] ( Chapter 21 added by Stats. 2013, Ch. 388, Sec. 1. ) ## ARTICLE 3. Budget [42988 - 42988.3] ( Article 3 added by Stats. 2013, Ch. 388, Sec. 1. ) ## 42988.1. (a) Within 90 days of submittal, the department shall conditionally approve, approve, or disapprove a final used mattress recycling program budget. If the department fails to act or does not disapprove a final used mattress recycling program budget, the budget shall be deemed approved. (b) (1) If the department conditionally approves or disapproves the budget, the mattress recycling organization shall resubmit a revised budget addressing the department’s written reasons for its decision within 30 days of the conditional approval or disapproval. (2) The department, within 60 days from the date the mattress recycling organization resubmits a revised budget, shall approve or disapprove a final used mattress recycling program budget. If the department fails to act or does not disapprove a final program budget within those 60 days, the budget shall be deemed approved. (c) If the department disapproves a revised budget submitted pursuant to paragraph (1) of subdivision (b), the organization may submit only one additional revised budget, subject to review in accordance with paragraph (2) of subdivision (b). (d) Until a budget has been approved or deemed approved pursuant to this section, the mattress recycling organization shall make expenditures consistent with the most recently department-approved budget until a new budget has been approved or deemed approved by the department. (Amended by Stats. 2019, Ch. 673, Sec. 8. (AB 187) Effective January 1, 2020.)
  99. 42988.2.

    ## 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 21. Used Mattress Recovery and Recycling Act [42985 - 42994] ( Chapter 21 added by Stats. 2013, Ch. 388, Sec. 1. ) ## ARTICLE 3. Budget [42988 - 42988.3] ( Article 3 added by Stats. 2013, Ch. 388, Sec. 1. )

    Verify source ↗

    The department must notify the mattress recycling organization of directly related implementation and enforcement costs, and the organization must reimburse those costs on a recurring schedule subject to a cap.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 21. Used Mattress Recovery and Recycling Act [42985 - 42994] ( Chapter 21 added by Stats. 2013, Ch. 388, Sec. 1. ) ## ARTICLE 3. Budget [42988 - 42988.3] ( Article 3 added by Stats. 2013, Ch. 388, Sec. 1. ) ## 42988.2. (a) The department shall notify the mattress recycling organization of the department’s costs that are directly related to implementing and enforcing this chapter relating to the mattress recycling organization’s activities. This may include the direct costs associated with regulatory development prior to submittal of the plan required pursuant to Section 42987.1. (b) On or before July 1, 2016, and once every three months thereafter, and within the fiscal year ending June 30, the mattress recycling organization shall reimburse the department for costs the department incurs pursuant to subdivision (a). The reimbursement shall not exceed the department’s direct costs to implement and enforce this chapter. (c) The department shall deposit all moneys submitted for reimbursement costs by the mattress recycling organization pursuant to this section into the Used Mattress Recycling Fund, which is hereby established in the State Treasury. Upon appropriation by the Legislature, moneys in the fund shall be expended by the department to administer and enforce this chapter, as well as reimburse any outstanding loans made from other funds used to finance startup costs of the department’s activities pursuant to this chapter. The funds collected pursuant to this section shall not be expended for any other purpose. (Added by Stats. 2013, Ch. 388, Sec. 1. (SB 254) Effective January 1, 2014.)
  100. 42988.3.

    ## 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 21. Used Mattress Recovery and Recycling Act [42985 - 42994] ( Chapter 21 added by Stats. 2013, Ch. 388, Sec. 1. ) ## ARTICLE 3. Budget [42988 - 42988.3] ( Article 3 added by Stats. 2013, Ch. 388, Sec. 1. )

    Verify source ↗

    The mattress recycling organization must plan for reserve limits in its annual budget, may not keep reserves above 60% of annual operating expenses starting January 1, 2027, and the department may allow up to 75% or require more spending to reduce excess reserves.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 21. Used Mattress Recovery and Recycling Act [42985 - 42994] ( Chapter 21 added by Stats. 2013, Ch. 388, Sec. 1. ) ## ARTICLE 3. Budget [42988 - 42988.3] ( Article 3 added by Stats. 2013, Ch. 388, Sec. 1. ) ## 42988.3. (a) On and after January 1, 2021, the mattress recycling organization shall identify strategies in its annual proposed budget to comply, commencing January 1, 2027, with the reserve requirements specified in this section. (b) Commencing January 1, 2027, the mattress recycling organization shall not maintain total reserves exceeding 60 percent of its annual operating expenses, consistent with the requirements of the Financial Accounting Standards Board’s Accounting Standards Update 2016-14, Not-for-Profit Entities (Topic 958), and any future updates to that standard. (c) The department, in approving the annual budget, may authorize the total reserves to be increased to up to 75 percent of the organization’s annual operating expenses if the department determines the increase is necessary to implement the requirements of this chapter. (d) If the mattress recycling organization’s reserves exceed the amount specified in subdivision (b) or (c), the department may require the organization to increase spending on implementing the requirements of this chapter in order to reduce the excess amount of reserves. (Added by Stats. 2019, Ch. 673, Sec. 9. (AB 187) Effective January 1, 2020.)
  101. 42989.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 21. Used Mattress Recovery and Recycling Act [42985 - 42994] ( Chapter 21 added by Stats. 2013, Ch. 388, Sec. 1. ) ## ARTICLE 4. Mattress Recycling Charge [42989 - 42989.4] ( Article 4 added by Stats. 2013, Ch. 388, Sec. 1. )

    Verify source ↗

    The mattress recycling organization must set and budget the mattress recycling charge, charge it as a flat rate, limit charge variations, give public notice before changes, and get department approval for the annual program budget.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 21. Used Mattress Recovery and Recycling Act [42985 - 42994] ( Chapter 21 added by Stats. 2013, Ch. 388, Sec. 1. ) ## ARTICLE 4. Mattress Recycling Charge [42989 - 42989.4] ( Article 4 added by Stats. 2013, Ch. 388, Sec. 1. ) ## 42989. (a) The mattress recycling organization shall set the amount of the mattress recycling charge that shall be added to the purchase price of a mattress at the point of sale and include the charge amount in the annual budget. (b) (1) The amount of the state mattress recycling charge shall be sufficient to fund the revenue requirements set forth in the approved budget. (2) The mattress recycling organization shall set the charge as a flat rate and not as a percentage of the purchase price. The organization shall not set more than two different charges to accommodate mattress size differentials. (c) (1) The mattress recycling organization may change the amount of the charge in accordance with subdivision (b), but the mattress recycling organization shall not change the amount of the charge more frequently than annually, and shall provide no less than 180 days’ notice to the public before the change in the amount of the charge takes effect. (2) If the mattress recycling organization provides notice that it intends to reduce the charge, the organization shall provide the department with information about how it will effectively implement the program at the reduced fee. The department may disapprove that change within 60 days of the notice if the department finds that the reduction makes the organization unable to effectively implement the requirements or objectives of this chapter. (d) The charge shall be included in the annual program budget for approval by the department. (e) It is the intent of the Legislature to ensure the proceeds of the mattress recycling charge are used to prioritize the use of in-state processing facilities over the use of out-of-state processing facilities to the extent economically practical. (Amended by Stats. 2019, Ch. 673, Sec. 10. (AB 187) Effective January 1, 2020.)
  102. 42989.1.

    ## 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 21. Used Mattress Recovery and Recycling Act [42985 - 42994] ( Chapter 21 added by Stats. 2013, Ch. 388, Sec. 1. ) ## ARTICLE 4. Mattress Recycling Charge [42989 - 42989.4] ( Article 4 added by Stats. 2013, Ch. 388, Sec. 1. )

    Verify source ↗

    Sellers of mattresses in the state must add a mattress recycling charge to the price and show it separately on the invoice or equivalent document, unless a permitted direct-payment arrangement is used.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 21. Used Mattress Recovery and Recycling Act [42985 - 42994] ( Chapter 21 added by Stats. 2013, Ch. 388, Sec. 1. ) ## ARTICLE 4. Mattress Recycling Charge [42989 - 42989.4] ( Article 4 added by Stats. 2013, Ch. 388, Sec. 1. ) ## 42989.1. (a) Commencing 90 days after the date the department approves the budget pursuant to Section 42988.1, each manufacturer, renovator, retailer, or distributor that sells a mattress to a consumer or to the ultimate end user of the mattress in the state shall add the charge to the purchase price of the mattress. The charge shall be clearly visible on the invoice, receipt, or functionally equivalent document by the seller to the consumer as a separate line item. (b) Notwithstanding subdivision (a), a distributor, retailer, or seller may directly pay the applicable charge to the mattress recycling organization on behalf of the consumer or ultimate end user of the mattress if the distributor, retailer, or seller enters into a written agreement with a mattress recycling organization to remit the charge directly to the mattress recycling organization on behalf of the consumer. The distributor, retailer, or seller may, but is not required to, make the charge clearly visible on the invoice, receipt, or in a functionally equivalent document. (c) A distributor, retailer, or seller shall be responsible for educating the consumer or the ultimate end user of the mattress in the state as provided under subdivision (n) of Section 42987.1. (d) The charges collected pursuant to this section shall be remitted to the mattress recycling organization in accordance with procedures established by the mattress recycling organization. (e) For purposes of this section, “functionally equivalent document” means a document provided by a distributor, retailer, or seller to a consumer from the mattress recycling organization that includes information about the recycling charge and options available to consumers for the free dropoff or collection of used mattresses. (Amended by Stats. 2025, Ch. 70, Sec. 1. (AB 1478) Effective January 1, 2026.)
  103. 42989.2.

    ## 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 21. Used Mattress Recovery and Recycling Act [42985 - 42994] ( Chapter 21 added by Stats. 2013, Ch. 388, Sec. 1. ) ## ARTICLE 4. Mattress Recycling Charge [42989 - 42989.4] ( Article 4 added by Stats. 2013, Ch. 388, Sec. 1. )

    Verify source ↗

    The mattress recycling organization may audit certain charge payers and exempt parties, must use independent third-party auditors, and must send the department a copy of any audit it conducts.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 21. Used Mattress Recovery and Recycling Act [42985 - 42994] ( Chapter 21 added by Stats. 2013, Ch. 388, Sec. 1. ) ## ARTICLE 4. Mattress Recycling Charge [42989 - 42989.4] ( Article 4 added by Stats. 2013, Ch. 388, Sec. 1. ) ## 42989.2. (a) The mattress recycling organization may conduct an audit of the following: (1) Those parties that are required to remit the charge to the mattress recycling organization to verify that the charges paid are proper and accurate and to ensure all parties required by this chapter to pay or collect the charge are paying or collecting the proper amount. (2) Those parties that are exempt from remitting the charge. (b) An audit conducted pursuant to this section shall be carried out in accordance with generally accepted auditing practices and shall be limited in scope to confirming whether the charge has been properly collected on all sales of mattresses to consumers in the state. (c) For purposes of conducting audits pursuant to this section, the mattress recycling organization shall hire independent third-party auditors. (d) If the mattress recycling organization conducts an audit pursuant to this section, the organization shall provide a copy of the audit to the department. (Added by Stats. 2013, Ch. 388, Sec. 1. (SB 254) Effective January 1, 2014.)
  104. 42989.2.1.

    ## 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 21. Used Mattress Recovery and Recycling Act [42985 - 42994] ( Chapter 21 added by Stats. 2013, Ch. 388, Sec. 1. ) ## ARTICLE 4. Mattress Recycling Charge [42989 - 42989.4] ( Article 4 added by Stats. 2013, Ch. 388, Sec. 1. )

    Verify source ↗

    Certain mattresses made by the California Correctional Training and Rehabilitation Authority and bought by the state or its agencies are exempt from the mattress recycling charge, and the authority must provide sales and disposal information when asked.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 21. Used Mattress Recovery and Recycling Act [42985 - 42994] ( Chapter 21 added by Stats. 2013, Ch. 388, Sec. 1. ) ## ARTICLE 4. Mattress Recycling Charge [42989 - 42989.4] ( Article 4 added by Stats. 2013, Ch. 388, Sec. 1. ) ## 42989.2.1. (a) Mattresses manufactured by the California Correctional Training and Rehabilitation Authority and purchased by the state or its agencies are exempt from collecting and remitting the mattress recycling charge and from any end-of-life financial incentive established by the mattress recycling organization for used mattresses pursuant to subdivision (k) of Section 42987.1. Mattresses sold subject to this exemption shall be permanently marked or labeled to clearly identify them as having been manufactured by the California Correctional Training and Rehabilitation Authority. (b) The California Correctional Training and Rehabilitation Authority shall, upon the request of the department or mattress recycling organization, report how many mattresses it manufactured and sold in the previous fiscal year and the customers that purchased those mattresses. To the extent reasonably possible, the California Correctional Training and Rehabilitation Authority, upon request by the department or the mattress recycling organization, shall report how its customers are disposing of their used mattresses and estimate what percentage are being landfilled and recycled or renovated. (c) The mattress recycling organization’s obligation under this chapter to recycle mattresses manufactured by the California Correctional Training and Rehabilitation Authority is limited to any services for which the authority has specifically contracted with the mattress recycling organization for that purpose. The mattress recycling organization may refuse to recycle or pay financial incentives on any California Correctional Training and Rehabilitation Authority-manufactured mattress that is exempted from collecting and remitting the mattress recycling fee. (d) Mattresses exempt pursuant to subdivision (a) and all discards of mattresses previously manufactured by the California Correctional Training and Rehabilitation Authority shall be excluded from the goal-setting analysis required by Section 42987.5. (Amended by Stats. 2025, Ch. 241, Sec. 68. (SB 857) Effective January 1, 2026.)
  105. 42989.3.

    ## 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 21. Used Mattress Recovery and Recycling Act [42985 - 42994] ( Chapter 21 added by Stats. 2013, Ch. 388, Sec. 1. ) ## ARTICLE 4. Mattress Recycling Charge [42989 - 42989.4] ( Article 4 added by Stats. 2013, Ch. 388, Sec. 1. )

    Verify source ↗

    The mattress recycling organization must deposit collected charges and other money in organization-controlled accounts. If the organization is decertified, the department must manage the transition to a successor organization and may require temporary administration, fund transfers, and account setup. The organization may also work with third parties on chapter-consistent activities.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 21. Used Mattress Recovery and Recycling Act [42985 - 42994] ( Chapter 21 added by Stats. 2013, Ch. 388, Sec. 1. ) ## ARTICLE 4. Mattress Recycling Charge [42989 - 42989.4] ( Article 4 added by Stats. 2013, Ch. 388, Sec. 1. ) ## 42989.3. (a) The mattress recycling organization shall deposit the charges and other moneys collected by the mattress recycling organization pursuant to this chapter in accounts that are maintained and disbursed by the organization. (b) The mattress recycling organization may enter into a joint venture, agreements, or contracts with third parties, including, but not limited to, corporations, partnerships, nonprofit entities, and governmental agencies, to undertake activities on the mattress recycling organization’s behalf that are consistent with this chapter. (c) (1) In the event that the department decertifies the mattress recycling organization, the department shall establish a process and schedule that will, to the maximum extent possible, allow for an orderly transition of responsibility from the decertified organization to a successor organization. As part of that transition process, the department shall certify a successor mattress recycling organization pursuant to Section 42987. (2) If requested by the department, the decertified organization may continue to administer the program, including, but not limited to, its receipt of charges remitted pursuant to Section 42989.1, until a successor organization certified by the department assumes all financial, statutory, contractual, and other legal responsibilities for implementing the successor organization’s obligations under this chapter. The department shall not require the decertified organization to provide transitional services for more than 12 months unless the decertified organization consents to doing so. (3) Once a successor organization assumes the responsibilities described in paragraph (2), the decertified organization shall within 30 days transfer to the successor organization all assets and liabilities, and all financial, statutory, contractual, and other legal rights and responsibilities, including, but not limited to, the receipt of the mattress recycling charge remitted pursuant to Section 42989.1. Before any financial liability is transferred to the successor organization, the decertified organization shall first obtain approval from the department for each item of liability. Transferred liabilities may include, but shall not be limited to, notes payable, accounts payable, salaries payable, wages payable, interest payable, other accrued expenses payable, income taxes payable, customer deposits, vendor contracts, and any other contractual liabilities. Transferred liabilities shall not include any civil or criminal liabilities or fines or penalties issued by the state. (4) If the mattress recycling organization is no longer able or willing to serve as the mattress recycling organization, it shall notify the department in writing and the department shall decertify that mattress recycling organization. The department may also decertify the mattress recycling organization if it finds that the organization has intentionally violated one or more provisions of this chapter in a manner that materially impacted the organization’s ability to substantially meet its obligations under the plan approved by the department or if the department has revoked the mattress recycling organization’s plan pursuant to Section 42993.2. (5) If the department decides not to request the decertified organization to provide the transitional services described in paragraph (2), the department may direct, in writing, the decertified organization to set up a trust fund or escrow account and to transfer all unexpended funds into that account within 30 days. The trust fund or escrow account shall be subject to reasonable requirements that the department may set until the department certifies a successor organization. The trustee or escrow agent shall do both of the following: (A) Accept mattress recycling charges directly from manufacturers, renovators, retailers, and distributors into the trust fund or escrow account that would have been made to the mattress recycling organization prior to the mattress recycling organization’s decertification. (B) Make payments from the trust fund or escrow account as the department shall direct, in writing, to implement the most recently approved plan. (6) If a new mattress recycling plan has not been approved by the department within one year after decertification, the department may modify the previously approved plan, as it deems necessary, and continue to direct payments from the trust fund or escrow account in accordance with paragraph (5) to implement the modified plan. (7) A trustee or escrow agent in possession of mattress recycling charge revenue shall, as directed by the department, transfer those funds to a successor mattress recycling organization with an approved plan. (8) If the department revokes the plan pursuant to Section 42993.2, each manufacturer, renovator, retailer, or distributor that sells a mattress to a consumer or to an ultimate end user of the mattress in the state may continue to do so until the effective date of a successor plan approved by the department without being subject to penalties pursuant to Section 42993.1, provided that the manufacturer, renovator, retailer, or distributor continues to meet the applicable requirements of this chapter, including, but not limited to, Sections 42989.1 and 42992. (9) For purposes of this subdivision, “unexpended funds” means mattress recycling charge revenue in the mattress recycling organization’s accounts that the organization is not already obligated to pay pursuant to a contract, claim, or similar mechanism. (Amended by Stats. 2019, Ch. 673, Sec. 12. (AB 187) Effective January 1, 2020.)
  106. 42989.4.

    ## 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 21. Used Mattress Recovery and Recycling Act [42985 - 42994] ( Chapter 21 added by Stats. 2013, Ch. 388, Sec. 1. ) ## ARTICLE 4. Mattress Recycling Charge [42989 - 42989.4] ( Article 4 added by Stats. 2013, Ch. 388, Sec. 1. )

    Verify source ↗

    The mattress recycling organization may not use mattress recycling charge revenue to pay a civil penalty imposed on it under Section 42993.1.

    ## 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 21. Used Mattress Recovery and Recycling Act [42985 - 42994] ( Chapter 21 added by Stats. 2013, Ch. 388, Sec. 1. ) ## ARTICLE 4. Mattress Recycling Charge [42989 - 42989.4] ( Article 4 added by Stats. 2013, Ch. 388, Sec. 1. ) ## 42989.4. The mattress recycling organization shall not expend revenue from the mattress recycling charge to pay a civil penalty imposed on the organization pursuant to Section 42993.1. (Added by Stats. 2019, Ch. 673, Sec. 13. (AB 187) Effective January 1, 2020.)
  107. 4299.

    ## 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 3. Mountainous, Forest-, Brush- and Grass-Covered Lands [4291 - 4299] ( Chapter 3 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    A person who violates Section 4297 or 4298 commits a misdemeanor and may be fined, jailed, or both. State and county law enforcement officers must enforce closure orders.

    ## 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 3. Mountainous, Forest-, Brush- and Grass-Covered Lands [4291 - 4299] ( Chapter 3 added by Stats. 1965, Ch. 1144. ) ## 4299. A person who violates Section 4297 or 4298 is guilty of a misdemeanor and shall be punished by a fine of not less than one hundred dollars ($100) nor more than two thousand dollars ($2,000) or by imprisonment in the county jail for not less than 10 days nor more than 90 days or both the fine and imprisonment. All state and county law enforcement officers shall enforce orders of closure. (Amended by Stats. 2004, Ch. 90, Sec. 1. Effective January 1, 2005.)
  108. 42990.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 21. Used Mattress Recovery and Recycling Act [42985 - 42994] ( Chapter 21 added by Stats. 2013, Ch. 388, Sec. 1. ) ## ARTICLE 5. Records, Audits, and Annual Report [42990 - 42990.2] ( Article 5 added by Stats. 2013, Ch. 388, Sec. 1. )

    Verify source ↗

    The mattress recycling organization must keep records and have its books audited every calendar year; the department reviews the audit, must not disclose confidential proprietary information, and may do its own audit if needed.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 21. Used Mattress Recovery and Recycling Act [42985 - 42994] ( Chapter 21 added by Stats. 2013, Ch. 388, Sec. 1. ) ## ARTICLE 5. Records, Audits, and Annual Report [42990 - 42990.2] ( Article 5 added by Stats. 2013, Ch. 388, Sec. 1. ) ## 42990. (a) The mattress recycling organization shall keep minutes, books, and records that clearly reflect the activities and transactions of the mattress recycling organization. (b) The accounting books of the mattress recycling organization shall be audited at the organization’s expense by an independent certified public accountant retained by the organization at least once each calendar year. (c) The mattress recycling organization shall arrange for the audit to be delivered to the department, along with the annual report required pursuant to Section 42990.1. The department shall review the audit for compliance with this chapter and consistency with the plan created pursuant to this chapter. The department shall notify the mattress recycling organization of any compliance issues or inconsistencies. The department shall not disclose any confidential proprietary information in the audit. (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 mattress recycling organization may obtain copies of the audit upon request. The department shall not disclose any confidential proprietary information in the audit. (Amended by Stats. 2014, Ch. 371, Sec. 5. (SB 1274) Effective January 1, 2015.)
  109. 42990.1.

    ## 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 21. Used Mattress Recovery and Recycling Act [42985 - 42994] ( Chapter 21 added by Stats. 2013, Ch. 388, Sec. 1. ) ## ARTICLE 5. Records, Audits, and Annual Report [42990 - 42990.2] ( Article 5 added by Stats. 2013, Ch. 388, Sec. 1. )

    Verify source ↗

    The mattress recycling organization must file an annual report by July 1, make it publicly available, include specified program information, publish research reports unless protected confidential material is involved, and implement a department-approved revised plan within 90 days.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 21. Used Mattress Recovery and Recycling Act [42985 - 42994] ( Chapter 21 added by Stats. 2013, Ch. 388, Sec. 1. ) ## ARTICLE 5. Records, Audits, and Annual Report [42990 - 42990.2] ( Article 5 added by Stats. 2013, Ch. 388, Sec. 1. ) ## 42990.1. On or before July 1 of each year, the mattress recycling organization shall submit to the department and the advisory committee and make publicly available on its internet website a report that includes, for the preceding calendar year, all of the following: (a) The mattress recycling organization’s costs and revenues. (b) The quantity of mattresses disposed of in solid waste landfills. (c) The quantity of discarded used mattresses collected for recycling in the program. (d) The quantity of used mattresses collected for recycling from different categories of sources. (e) The quantity of each category of materials recycled. (f) The uses for the recycled materials. (g) The quantity of otherwise disposed of materials. (h) A description of methods used to collect, transport, and process used mattresses in this state. (i) Examples of educational materials that were provided to consumers the first year and any changes to those materials in subsequent years as well as other mechanisms, including advertising of the program, to increase consumer awareness. (j) The total volume, number, and weight of used mattresses collected recycled, renovated, and reused in this state during the preceding calendar year, including any conversion factor used to determine the number of mattresses recovered. (k) A report by the advisory committee, established pursuant to paragraph (3) of subdivision (a) of Section 42987 that includes a summary of the consultative process between the advisory committee and the mattress recycling organization relating to the ongoing implementation of the plan, as well as any other information deemed pertinent by the advisory committee to maximizing the recovery and recycling of used mattresses in the state. (l) For reports submitted on and after April 1, 2020, a demonstration of good faith effort with the state mattress recycling goals established pursuant to Section 42987.5. (m) For reports submitted on and after July 1, 2021, all of the following: (1) A report on activities, which the mattress recycling organization shall undertake, to meet consumer and retailer accessibility goals, and on the progress the organization has made in meeting those goals, and on the organization’s planned efforts to meet those goals. Factors to be considered may include, but are not limited to, availability of retailer take-back options, proximity to recyclers and no-cost collection points, availability of no-cost local curbside collections services, and proximity to collection events. (2) A report on activities, which the mattress recycling organization shall undertake, to prioritize, to the extent economically practical, the use of in-state processing facilities over out-of-state processing facilities. If the mattress recycling organization decides to use out-of-state processing facilities, the organization shall provide an explanation of that decision. (3) A report on research activities, which the organization shall undertake, to improve used mattress collection, dismantling, recycling operations, source reduction and green product design, and the response to the problem of illegal dumping and a report on the progress made as a result of the research activities. (4) A report on pilot programs, which the organization shall undertake, to test new processes, methods, or equipment on a local, regional, or otherwise limited basis, such as those designed to clean up illegally dumped mattresses, gather data and identify strategies to reduce the number of illegally dumped mattresses, in partnership with the cities and counties identified by the mattress recycling organization as having areas with the highest rate of illegal dumping in the state. Pilot program descriptions shall include a mechanism to measure success, such as establishing a baseline and goals when possible and report on the progress made in undertaking the pilot programs. (5) If the mattress recycling organization determines during a particular year that any of the activities undertaken to implement paragraph (3) or (4) were unsuccessful, the organization shall identify the problems with the current activities, and report on the new activities undertaken and progress made, in the following year’s annual report. (6) A hard copy of, or an electronic reference to, each research study and report completed by the organization during the period covered by the annual report and a brief explanation of how the organization anticipates the research may benefit the program. The organization shall make these studies and reports publicly available free of charge. If the study or report contains trade secret or confidential information protected by law, the organization shall only be required to provide a description of the research and its relevance to the program that omits any of the trade secret or confidential information. (n) (1) Any modifications or revisions to the mattress recycling plan including those required pursuant to Sections 42987.1 and 42987.1.5, necessary to achieve the goals established pursuant to Section 42987.5. (2) Any proposed modifications or revisions to the mattress recycling plan are subject to the department review process prescribed in Section 42987.3. (3) Within 90 days after approval or conditional approval by the department, the mattress recycling organization shall implement the revised plan. (o) For reports submitted after January 1, 2020, the progress toward attainment of the goals included in the organization’s mattress recycling plan submitted pursuant to Section 42987.1. (p) Other information relevant to compliance with the plan. (Amended by Stats. 2019, Ch. 673, Sec. 14. (AB 187) Effective January 1, 2020.)
  110. 42990.2.

    ## 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 21. Used Mattress Recovery and Recycling Act [42985 - 42994] ( Chapter 21 added by Stats. 2013, Ch. 388, Sec. 1. ) ## ARTICLE 5. Records, Audits, and Annual Report [42990 - 42990.2] ( Article 5 added by Stats. 2013, Ch. 388, Sec. 1. )

    Verify source ↗

    The department must notify the mattress recycling organization of report deficiencies within 90 days after receiving the annual report, and the organization must respond within 60 days after receiving that notice.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 21. Used Mattress Recovery and Recycling Act [42985 - 42994] ( Chapter 21 added by Stats. 2013, Ch. 388, Sec. 1. ) ## ARTICLE 5. Records, Audits, and Annual Report [42990 - 42990.2] ( Article 5 added by Stats. 2013, Ch. 388, Sec. 1. ) ## 42990.2. (a) No later than 90 days after the date the department receives the annual report, the department shall notify the mattress recycling organization of any deficiencies in the report. No later than 60 days after receiving this notice from the department, the mattress recycling organization shall provide additional information, modification, or corrections in response to the department’s notification. (b) Any proposed activities in the report shall be evaluated by the department for progress and shall be taken into consideration when approving or disapproving a report. (Amended by Stats. 2019, Ch. 673, Sec. 15. (AB 187) Effective January 1, 2020.)
  111. 42991.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 21. Used Mattress Recovery and Recycling Act [42985 - 42994] ( Chapter 21 added by Stats. 2013, Ch. 388, Sec. 1. ) ## ARTICLE 6. Mattress Recycling and Renovating [42991- 42991.] ( Article 6 added by Stats. 2013, Ch. 388, Sec. 1. )

    Verify source ↗

    Recyclers, renovators, and certain solid-waste operators must file annual mattress-recycling reports; the department must share the information publicly but may not disclose confidential proprietary 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 21. Used Mattress Recovery and Recycling Act [42985 - 42994] ( Chapter 21 added by Stats. 2013, Ch. 388, Sec. 1. ) ## ARTICLE 6. Mattress Recycling and Renovating [42991- 42991.] ( Article 6 added by Stats. 2013, Ch. 388, Sec. 1. ) ## 42991. (a) On or before May 1, 2017, and annually thereafter, a person that is engaged in business as a recycler or renovator shall submit to the department and to the mattress recycling organization a report that includes the following: (1) Quantitative information on the number of mattresses received and recycled or renovated in the state during the preceding calendar year. (2) Other information deemed necessary by the department that is reasonably related to compliance with this chapter and that can be reasonably compiled. (b) For purposes of determining the used mattress recycling rate, on or before May 1, 2017, and annually thereafter, an operator of a solid waste facility or operation shall report to the department and to the mattress recycling organization, in a form and manner determined by the department, regarding the number of used mattresses received by that facility or operation that were recycled, renovated, or disposed of within the state in the preceding calendar year. (c) The department shall make the information provided pursuant to this section available to interested parties and to the public. The department shall not disclose any confidential proprietary information. (Amended by Stats. 2014, Ch. 371, Sec. 6. (SB 1274) Effective January 1, 2015.)
  112. 42992.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 21. Used Mattress Recovery and Recycling Act [42985 - 42994] ( Chapter 21 added by Stats. 2013, Ch. 388, Sec. 1. ) ## ARTICLE 7. Retailer Used Mattress Take-back [42992- 42992.] ( Article 7 added by Stats. 2013, Ch. 388, Sec. 1. )

    Verify source ↗

    Retailers must offer used-mattress pickup when delivering a new mattress, and the pickup can be at no extra cost; for common-carrier deliveries, the retailer must also offer to arrange pickup for recycling within 30 days, subject to the contamination exception.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 21. Used Mattress Recovery and Recycling Act [42985 - 42994] ( Chapter 21 added by Stats. 2013, Ch. 388, Sec. 1. ) ## ARTICLE 7. Retailer Used Mattress Take-back [42992- 42992.] ( Article 7 added by Stats. 2013, Ch. 388, Sec. 1. ) ## 42992. (a) Except as provided in subdivision (d), on and after July 1, 2014, a retailer shall offer a consumer the option to have a used mattress picked up for recovery at the time of delivery, at no additional cost to the consumer, if a new mattress is delivered to the consumer. (b) A retailer may contract out to a third party for the delivery of a new mattress or pickup of a used mattress. (c) A retailer is not prohibited from charging the consumer for the cost of the delivery of a new mattress. (d) A retailer or third-party contractor delivering a new mattress may refuse to pick up a used mattress from a consumer if the retailer or contractor determines the used mattress is contaminated and poses a risk to personnel, new products, or equipment. (e) A common carrier delivering a new mattress to a consumer as a result of an online purchase is not required to pick up a used mattress for recovery. (f) On and after January 1, 2021, if a new mattress is delivered to a consumer by common carrier, including, but not limited to, as a result of an online purchase, the retailer of that mattress shall offer to arrange to pick up a used mattress for recycling from that consumer within 30 days of the delivery of the new mattress, subject to subdivision (d). (Amended by Stats. 2019, Ch. 673, Sec. 16. (AB 187) Effective January 1, 2020.)
  113. 42993.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 21. Used Mattress Recovery and Recycling Act [42985 - 42994] ( Chapter 21 added by Stats. 2013, Ch. 388, Sec. 1. ) ## ARTICLE 8. Enforcement [42993 - 42993.3] ( Article 8 added by Stats. 2013, Ch. 388, Sec. 1. )

    Verify source ↗

    The department must post an annual compliance list, and certain mattress sellers and suppliers can get deemed-compliance treatment if listed or if they meet the stated 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 21. Used Mattress Recovery and Recycling Act [42985 - 42994] ( Chapter 21 added by Stats. 2013, Ch. 388, Sec. 1. ) ## ARTICLE 8. Enforcement [42993 - 42993.3] ( Article 8 added by Stats. 2013, Ch. 388, Sec. 1. ) ## 42993. (a) On or before March 1 of each year, the department shall post on its internet website a list of manufacturers, renovators, and distributors that are in compliance with this chapter. (b) A manufacturer, renovator, or distributor that is not listed on the department’s internet website pursuant to this section, but demonstrates compliance with this chapter before the next notice is required to be posted pursuant to this section, may request a certification letter from the department stating the manufacturer, renovator, or distributor is in compliance. The manufacturer, renovator, or distributor that receives the letter shall be deemed to be in compliance with this chapter. (c) A retailer that distributes or sells a mattress shall monitor the department’s internet website to determine if a manufacturer or renovator is in compliance with this chapter. A retailer otherwise in compliance with this chapter shall be deemed in compliance with the chapter if, on the date the retailer ordered or purchased a mattress, or within 120 calendar days before or after that date, the manufacturer or renovator was listed as compliant on the department’s internet website. (d) A retailer may sell or distribute the existing stock of its inventory through sales to the public if the existing stock was purchased when the manufacturer or renovator was in compliance with the requirements of this chapter at the time when the retailer initially purchased that stock. (e) The sale, distribution, or offering for sale, of any existing inventory in stock prior to the commencement of the collection of the mattress recycling charge pursuant to this chapter shall be deemed to be in compliance with this chapter. (f) If the department determines a manufacturer, renovator, or distributor is not in compliance with this chapter, the department shall remove the manufacturer, renovator, or distributor from the department’s internet website pursuant to this section and the manufacturer, renovator, or distributor shall not sell a mattress in the state until the department determines the manufacturer, renovator, or distributor is in compliance with this chapter. (Amended by Stats. 2019, Ch. 673, Sec. 17. (AB 187) Effective January 1, 2020.)
  114. 42993.1.

    ## 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 21. Used Mattress Recovery and Recycling Act [42985 - 42994] ( Chapter 21 added by Stats. 2013, Ch. 388, Sec. 1. ) ## ARTICLE 8. Enforcement [42993 - 42993.3] ( Article 8 added by Stats. 2013, Ch. 388, Sec. 1. )

    Verify source ↗

    The department may impose daily administrative civil penalties on mattress-related businesses that violate this chapter, with higher penalties for intentional, knowing, or reckless violations. It may not penalize a mattress recycling organization if false or misleading information directly caused the noncompliance.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 21. Used Mattress Recovery and Recycling Act [42985 - 42994] ( Chapter 21 added by Stats. 2013, Ch. 388, Sec. 1. ) ## ARTICLE 8. Enforcement [42993 - 42993.3] ( Article 8 added by Stats. 2013, Ch. 388, Sec. 1. ) ## 42993.1. (a) The department may impose an administrative civil penalty on any manufacturer, mattress recycling organization, distributor, recycler, renovator, or retailer that is in violation of this chapter. The amount of the administrative civil penalty shall not exceed five hundred dollars ($500) per day, but, if the violation is intentional, knowing, or reckless, the department may impose an administrative civil penalty of not more than five thousand dollars ($5,000) per day. (b) The department shall not impose a penalty on the mattress recycling organization pursuant to this section for a failure to comply with this chapter if the organization demonstrates it received false or misleading information from a member of the organization or other party that was the direct cause of its failure to comply. (c) The department shall deposit all penalties collected pursuant to this section into the Mattress Recovery and Recycling Penalty Account, which is hereby created in the Used Mattress Recycling Fund. Upon appropriation by the Legislature, moneys deposited into the Mattress Recovery and Recycling Penalty Account shall be expended by the department to administer and enforce this chapter. (Amended by Stats. 2014, Ch. 371, Sec. 7. (SB 1274) Effective January 1, 2015.)
  115. 42993.2.

    ## 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 21. Used Mattress Recovery and Recycling Act [42985 - 42994] ( Chapter 21 added by Stats. 2013, Ch. 388, Sec. 1. ) ## ARTICLE 8. Enforcement [42993 - 42993.3] ( Article 8 added by Stats. 2013, Ch. 388, Sec. 1. )

    Verify source ↗

    If the department finds certain mattress-recycling businesses failed a material requirement, it may take compliance actions after giving them a chance to respond.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 21. Used Mattress Recovery and Recycling Act [42985 - 42994] ( Chapter 21 added by Stats. 2013, Ch. 388, Sec. 1. ) ## ARTICLE 8. Enforcement [42993 - 42993.3] ( Article 8 added by Stats. 2013, Ch. 388, Sec. 1. ) ## 42993.2. Upon a written finding that a manufacturer, mattress recycling organization, renovator, distributor, recycler, or retailer has not met a material requirement of this chapter, in addition to any other penalties authorized under this chapter, the department may take any of the following actions, after affording the manufacturer, organization, renovator, distributor, recycler, or retailer a reasonable opportunity to respond to, or rebut, the finding, to ensure compliance with the requirements of this chapter: (a) Revoke the mattress recycling organization’s plan approval or require the mattress recycling organization to resubmit the plan. (b) Remove the manufacturer, renovator, or distributor from the department’s internet website and list of compliant manufacturers, renovators, and distributors, as specified in Section 42993. (c) Require additional reporting requirements relating to compliance with the material requirement identified by the department. (Amended by Stats. 2019, Ch. 673, Sec. 18. (AB 187) Effective January 1, 2020.)
  116. 42993.3.

    ## 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 21. Used Mattress Recovery and Recycling Act [42985 - 42994] ( Chapter 21 added by Stats. 2013, Ch. 388, Sec. 1. ) ## ARTICLE 8. Enforcement [42993 - 42993.3] ( Article 8 added by Stats. 2013, Ch. 388, Sec. 1. )

    Verify source ↗

    Certain mattress-industry businesses must give the department access to facilities and records when asked, 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 21. Used Mattress Recovery and Recycling Act [42985 - 42994] ( Chapter 21 added by Stats. 2013, Ch. 388, Sec. 1. ) ## ARTICLE 8. Enforcement [42993 - 42993.3] ( Article 8 added by Stats. 2013, Ch. 388, Sec. 1. ) ## 42993.3. (a) A manufacturer, renovator, distributor, recycler, retailer, and mattress recycling organization shall do both of the following: (1) Upon request, provide the department with reasonable and timely access, as determined by the department and as authorized pursuant to Title 13 (commencing with Section 1822.50) of Part 3 of the Code of Civil Procedure, to its facilities and operations, as necessary to determine compliance with this chapter. (2) Upon request, provide the department with relevant records necessary to determine compliance with this chapter. (b) 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) The department may take disciplinary action against a manufacturer, renovator, distributor, recycler, retailer, or mattress recycling organization if the manufacturer, renovator, distributor, recycler, retailer, or mattress recycling organization fails to provide the department with the access required pursuant to this section, including, but not limited to, imposing penalties pursuant to Section 42993.1 and posting an immediate notice on the department’s internet website pursuant to Section 42993 that the manufacturer, renovator, or distributor is no longer in compliance with this chapter. (Amended by Stats. 2019, Ch. 673, Sec. 19. (AB 187) Effective January 1, 2020.)
  117. 42993.4.

    ## 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 21. Used Mattress Recovery and Recycling Act [42985 - 42994] ( Chapter 21 added by Stats. 2013, Ch. 388, Sec. 1. ) ## ARTICLE 9. Emergency Regulatory Authority [42993.4- 42993.4.] ( Article 9 added by Stats. 2013, Ch. 388, Sec. 1. )

    Verify source ↗

    The department may adopt emergency regulations for specific mattress recovery and recycling plan and budget procedures, but not for other parts of the 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 21. Used Mattress Recovery and Recycling Act [42985 - 42994] ( Chapter 21 added by Stats. 2013, Ch. 388, Sec. 1. ) ## ARTICLE 9. Emergency Regulatory Authority [42993.4- 42993.4.] ( Article 9 added by Stats. 2013, Ch. 388, Sec. 1. ) ## 42993.4. (a) (1) The department may adopt emergency regulations to implement this chapter with regard to establishing a process for the submission of the used mattress recovery and recycling plan to the department, and the approval of that plan, pursuant to Section 42987.3 and for the submission of the proposed used mattress recycling program budget to the department, and the approval of the budget by the department, pursuant to Sections 42988 and 42988.1. (2) The department shall not adopt emergency regulations pursuant to this section with regard to any other provision of this chapter. (3) This section does not limit the department’s authority to adopt regulations pursuant to Section 40502. (b) The emergency regulations adopted pursuant to this section 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 the 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 the department pursuant to this section shall be filed with the Office of Administrative Law. (Amended by Stats. 2014, Ch. 371, Sec. 10. (SB 1274) Effective January 1, 2015.)
  118. 42994.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 21. Used Mattress Recovery and Recycling Act [42985 - 42994] ( Chapter 21 added by Stats. 2013, Ch. 388, Sec. 1. ) ## ARTICLE 10. Antitrust Immunity [42994- 42994.] ( Article 10 added by Stats. 2013, Ch. 388, Sec. 1. )

    Verify source ↗

    Certain mattress recycling organization actions tied to approved plans are exempt from specified antitrust and unfair competition laws, but price-fixing, output limits, and sales-area restrictions remain outside that immunity.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 21. Used Mattress Recovery and Recycling Act [42985 - 42994] ( Chapter 21 added by Stats. 2013, Ch. 388, Sec. 1. ) ## ARTICLE 10. Antitrust Immunity [42994- 42994.] ( Article 10 added by Stats. 2013, Ch. 388, Sec. 1. ) ## 42994. (a) Except as provided in subdivision (c), an action specified in subdivision (b) that is taken by a mattress recycling organization or its members 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) shall apply to all of the following actions taken by the mattress recycling organization, manufacturer, or renovator: (1) The creation, implementation, or management of a plan approved by the department pursuant to Article 2 (commencing with Section 42987) and the types or quantities of used mattresses recycled or otherwise managed pursuant to a plan, as described in Article 2 (commencing with Section 42987). (2) The cost and structure of an approved plan. (3) The establishment, administration, collection, or disbursement of the charges associated with funding the implementation of this chapter. (c) Subdivision (a) shall not apply to an agreement that does any of the following: (1) Fixes a price of or for mattresses, except for an agreement related to costs or charges associated with participation in a plan approved or conditionally approved by the department and otherwise in accordance with this chapter. (2) Fixes the output of production of mattresses. (3) Restricts the geographic area in which, or customers to whom, mattresses will be sold. (Added by Stats. 2013, Ch. 388, Sec. 1. (SB 254) Effective January 1, 2014.)
  119. 42995.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 22. Waste Diversion and Greenhouse Gas Reduction Financial Assistance [42995 - 42999.7] ( Chapter 22 added by Stats. 2014, Ch. 36, Sec. 19. )

    Verify source ↗

    This section defines “loan fund” and “revolving loan program” 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 22. Waste Diversion and Greenhouse Gas Reduction Financial Assistance [42995 - 42999.7] ( Chapter 22 added by Stats. 2014, Ch. 36, Sec. 19. ) ## 42995. For purposes of this chapter, the following terms have the following meanings: (a) “Loan fund” means the CalRecycle Greenhouse Gas Reduction Revolving Loan Fund established pursuant to Section 42996. (b) “Revolving loan program” means the CalRecycle Greenhouse Gas Reduction Revolving Loan Program established pursuant to Section 42997. (Added by Stats. 2014, Ch. 36, Sec. 19. (SB 862) Effective June 20, 2014.)
  120. 42996.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 22. Waste Diversion and Greenhouse Gas Reduction Financial Assistance [42995 - 42999.7] ( Chapter 22 added by Stats. 2014, Ch. 36, Sec. 19. )

    Verify source ↗

    This section creates the CalRecycle Greenhouse Gas Reduction Revolving Loan Fund and directs how money in it may be used and disbursed.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 22. Waste Diversion and Greenhouse Gas Reduction Financial Assistance [42995 - 42999.7] ( Chapter 22 added by Stats. 2014, Ch. 36, Sec. 19. ) ## 42996. (a) The CalRecycle Greenhouse Gas Reduction Revolving Loan Fund is hereby created in the State Treasury. (b) Notwithstanding Section 13340 of the Government Code and Section 39718 of the Health and Safety Code, the funds deposited in the loan fund are hereby continuously appropriated, without regard to fiscal year, to the department for expenditure without regard to fiscal year. (c) The sum of five million dollars ($5,000,000) is hereby transferred from the Greenhouse Gas Reduction Fund, established pursuant to Section 16428.8 of the Government Code, to the loan fund for the 2014–15 fiscal year and an additional five million dollars ($5,000,000) for the 2015–16 fiscal year to be used by the department for any of the following: (1) To make loans pursuant to the revolving loan program. (2) To pay costs necessary to protect the state’s position as a lender and creditor. These costs shall include, but are not limited to, foreclosure expenses, auction fees, title searches, appraisals, real estate brokerage fees, attorney’s fees, mortgage payments, insurance payments, utility costs, repair costs, removal and storage costs for repossessed equipment and inventory, and additional expenditures to purchase a senior lien in foreclosure or bankruptcy proceedings. (3) To pay costs to administer the revolving loan program, upon appropriation by the Legislature. (d) The Controller shall disburse moneys in the loan fund for the purposes of this chapter, as authorized by the department. (Added by Stats. 2014, Ch. 36, Sec. 19. (SB 862) Effective June 20, 2014.)
  121. 42997.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 22. Waste Diversion and Greenhouse Gas Reduction Financial Assistance [42995 - 42999.7] ( Chapter 22 added by Stats. 2014, Ch. 36, Sec. 19. )

    Verify source ↗

    This section creates the CalRecycle Greenhouse Gas Reduction Revolving Loan Program and assigns the department to administer it and use program funds for qualifying loans.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 22. Waste Diversion and Greenhouse Gas Reduction Financial Assistance [42995 - 42999.7] ( Chapter 22 added by Stats. 2014, Ch. 36, Sec. 19. ) ## 42997. (a) The CalRecycle Greenhouse Gas Reduction Revolving Loan Program is hereby established and shall be administered by the department. (b) (1) The department shall expend the moneys transferred pursuant to subdivision (c) of Section 42996, and any additional moneys appropriated by the Legislature for the purposes of this subdivision, to provide loans to reduce the emissions of greenhouse gases by promoting in-state development of infrastructure or other projects to reduce organic waste or process organic and other recyclable materials into new value-added products. The moneys shall be expended consistent with the requirements of Article 9.7 (commencing with Section 16428.8) of Chapter 2 of Part 2 of Division 4 of Title 2 of the Government Code and Chapter 4.1 (commencing with Section 39710) of Part 2 of Division 26 of the Health and Safety Code. (2) For a loan made pursuant to this subdivision, the department shall expend the moneys in the loan fund to provide loans to public and private entities for in-state infrastructure projects or other projects that reduce the emissions of greenhouse gases by any of the following: (A) Organics composting. (B) Organics in-vessel digestion. (C) Recyclable material manufacturing. (D) Activities that expand and improve waste diversion and recycling, including, but not limited to, food waste prevention. (3) For purposes of this subdivision, eligible infrastructure projects that reduce greenhouse gas emissions include, but are not limited to, any of the following: (A) Capital investments in new facilities and increased throughput at existing facilities for activities, such as converting windrow composting to aerated-static-pile composting to use food waste as feedstock. (B) Designing and constructing organics in-vessel digestion facilities to produce products, such as biofuels, bioenergy, and soil amendments. (C) Designing and constructing facilities for processing recyclable materials. (4) For a loan made pursuant to this subdivision, both of the following apply: (A) The terms and conditions of an approved loan shall be specified in a loan agreement and related documents between the borrower and the department. These terms and conditions shall include reporting requirements that include, but are not limited to, reporting the information specified in Section 16428.9 of the Government Code. (B) The department shall approve only those loan applications that demonstrate the applicant’s ability to repay the loan. (5) The department may establish additional requirements that it determines to be necessary or useful to achieve the revolving loan program’s objectives, including, but not limited to, ensuring repayment ability. (Amended by Stats. 2016, Ch. 368, Sec. 12. (SB 859) Effective September 14, 2016.)
  122. 42998.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 22. Waste Diversion and Greenhouse Gas Reduction Financial Assistance [42995 - 42999.7] ( Chapter 22 added by Stats. 2014, Ch. 36, Sec. 19. )

    Verify source ↗

    The department may set and collect fees for administering the revolving loan program, and it must deposit loan repayments and fee money into the loan fund.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 22. Waste Diversion and Greenhouse Gas Reduction Financial Assistance [42995 - 42999.7] ( Chapter 22 added by Stats. 2014, Ch. 36, Sec. 19. ) ## 42998. (a) The department may establish and collect fees to fund the costs of administering the revolving loan program, including, but not limited to, an application fee and loan closing points. (b) Moneys collected by the department from loan repayments and fees shall be deposited in the loan fund. Loan repayments and fees include, but are not limited to, any of the following: (1) Principal and interest repayments. (2) Fees and loan closing points. (3) Recovery of collection costs. (4) Income earned on an asset recovered pursuant to a loan default. (5) Moneys collected through foreclosure and other collection actions. (Added by Stats. 2014, Ch. 36, Sec. 19. (SB 862) Effective June 20, 2014.)
  123. 42999.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 22. Waste Diversion and Greenhouse Gas Reduction Financial Assistance [42995 - 42999.7] ( Chapter 22 added by Stats. 2014, Ch. 36, Sec. 19. )

    Verify source ↗

    The department must run a grant program, if the Legislature appropriates money, to fund certain waste reduction and recycling projects.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 22. Waste Diversion and Greenhouse Gas Reduction Financial Assistance [42995 - 42999.7] ( Chapter 22 added by Stats. 2014, Ch. 36, Sec. 19. ) ## 42999. (a) The department shall, upon appropriation by the Legislature, administer a grant program to provide financial assistance to promote in-state development of infrastructure, food waste prevention, or other projects to reduce organic waste, sort and aggregate or process organic and other recyclable materials into new, value-added products, or divert items from disposal through enhanced reuse opportunities. Moneys appropriated by the Legislature from the Greenhouse Gas Reduction Fund, created pursuant to Section 16428.8 of the Government Code, to the department shall be expended consistent with the requirements of Article 9.7 (commencing with Section 16428.8) of Chapter 2 of Part 2 of Division 4 of Title 2 of the Government Code and Chapter 4.1 (commencing with Section 39710) of Part 2 of Division 26 of the Health and Safety Code. (b) Eligible financial assistance shall be provided for any of the following: (1) Organics composting. (2) Organics in-vessel digestion. (3) Recyclable material manufacturing. (4) Activities that expand and improve organic waste diversion and recycling, including, but not limited to, the recovery of food for human consumption and food waste prevention. (5) Preprocessing organic materials for composting or organics in-vessel digestion. (6) Codigestion at existing wastewater treatment plants. (7) Increasing opportunities for reuse of materials diverted from landfill disposal. (8) Recyclable material recovery, sorting, or baling equipment for use at publicly owned facilities. Eligibility for funding under this paragraph is limited to local jurisdictions. (c) For purposes of this section, eligible infrastructure projects include, but are not limited to, any of the following: (1) Capital investments in new facilities and increased throughput at existing facilities for activities, such as converting windrow composting to aerated-static-pile composting to use food waste as feedstock. (2) Designing and constructing organics in-vessel digestion facilities to produce products, such as biofuels to be used or distributed onsite, bioenergy, and soil amendments. (3) Designing and constructing or expanding facilities for processing recyclable materials. (4) Projects to improve the quality of recycled materials. (5) Projects undertaken by a local government at publicly owned facilities to improve the recovery, sorting, or baling of recyclable materials to get those materials into the marketplace, including related equipment purchasing and installation costs. (6) Purchase of equipment and construction of facilities to help develop, implement, or expand edible food waste recovery operations. (7) Establishment of reuse programs to divert items from landfill disposal for reuse by members of the public. (8) Deployment of bear bins to minimize adverse human-and-bear interactions related to the collection and management of solid and organic waste. Any funding provided pursuant to this paragraph shall be limited to those areas where there are significant public safety issues associated with food waste collection as a result of local bear populations, as corroborated by information from local, state, or federal public safety or wildlife officials, and shall be limited to the primary residence for those residents earning below the area median household income limit established by the Department of Housing and Community Development pursuant to Section 50093 of the Health and Safety Code. (d) In awarding a grant for organics composting or organics in-vessel digestion pursuant to this section, the department shall consider all of the following: (1) The amount of reductions of emissions of greenhouse gases that may result from the project. (2) The amount of organic material that may be diverted from landfills as a result of the project. (3) If and how the project may benefit disadvantaged or low-income communities, as defined in Section 39713 of the Health and Safety Code. (4) For a grant awarded for an organics in-vessel digestion project, if and how the project maximizes resource recovery, including the production of clean energy or low-carbon or carbon negative transportation fuels. (5) Project readiness and permitting that the project may require. (6) Air and water quality benefits that the project may provide. (e) To the degree that funds are available, the department may provide larger grant awards for large-scale regional integrated projects that provide cost-effective organic waste diversion and maximize environmental benefits. (Amended by Stats. 2025, Ch. 67, Sec. 176. (AB 1170) Effective January 1, 2026.)
  124. 42999.5.

    ## 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 22. Waste Diversion and Greenhouse Gas Reduction Financial Assistance [42995 - 42999.7] ( Chapter 22 added by Stats. 2014, Ch. 36, Sec. 19. )

    Verify source ↗

    The department must create and run the Zero-Waste Equity Grant Program once the Legislature appropriates money, hold public workshops, issue guidelines, and report on funded projects. Grants cannot fund projects that involve disposal-type outcomes, and annual administrative costs are capped at 5 percent.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 22. Waste Diversion and Greenhouse Gas Reduction Financial Assistance [42995 - 42999.7] ( Chapter 22 added by Stats. 2014, Ch. 36, Sec. 19. ) ## 42999.5. (a) The department shall, upon appropriation by the Legislature, establish and administer the Zero-Waste Equity Grant Program as a competitive grant program to support targeted strategies and investments in communities transitioning to a zero-waste circular economy. (b) Within a year of the appropriation, the department shall conduct at least two public workshops. After conducting the two public workshops, the department shall prepare and adopt guidelines and procedures for evaluating competitive grant applications. The department shall provide an online virtual option for participation in the public workshops. The department shall provide a 30-day notice for each public workshop and consult with interested parties, including affected residents, cities, counties, solid waste haulers, and nonprofit organizations in developing guidelines and procedures. (c) Entities eligible for grants include any combination of the following: (1) Local public agencies. (2) Cities or counties. (3) Nonprofit organizations. (4) Qualifying tribal entities. (d) In evaluating a grant application, the department shall prioritize communities most impacted by transformation or that contribute to significant amounts of transformation. In doing so, the department shall consider the following: (1) A community’s proximity to a transformation facility that was in operation on January 1, 2018. (2) The potential amount of solid waste that is expected to be diverted from transformation facilities through the proposed project. (3) A community’s proximity to an EMSW facility. (e) The funding appropriated for the Zero-Waste Equity Grant Program shall be used to fund programs that result in the reuse, repair, and sharing of goods and materials, including, but not limited to, the following: (1) Projects that promote the recovery and exchange of household goods, food, clothing, and building materials, such as resource recovery parks. (2) Projects that repair and extend the life of products, such as electronics, textiles, and furniture. (3) Projects that facilitate the use and sharing of infrequently used items, such as tools, equipment, books, and other household items. (4) Projects that promote reusable containers and package-free products and stores. (f) Grants shall not be provided pursuant to this section for a project that will result in combustion, incineration, energy generation, and fuel production, or any other form of disposal, as defined in subdivision (b) of Section 40192. (g) (1) No later than six months after the conclusion of the funding cycle, the department shall post on its internet website and submit to the Legislature a report on all eligible zero-waste projects funded, including the amount awarded to each project and estimated amount of waste diverted from transformation facilities and landfills by each project, and opportunities for further investments in local zero-waste strategies in communities seeking to reduce their reliance on transformation facilities and landfills. (2) A report submitted to the Legislature pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code. (h) The department shall not expend more than 5 percent for administrative costs annually related to the Zero-Waste Equity Grant Program. (Added by Stats. 2022, Ch. 342, Sec. 8. (AB 1857) Effective January 1, 2023.)
  125. 42999.7.

    ## 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 22. Waste Diversion and Greenhouse Gas Reduction Financial Assistance [42995 - 42999.7] ( Chapter 22 added by Stats. 2014, Ch. 36, Sec. 19. )

    Verify source ↗

    The department must, within two years after the Legislature appropriates money for the Zero-Waste Equity Grant Program, submit policy recommendations to the Legislature on improving jobs, labor standards, and worker pay in the zero-waste job sector.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 22. Waste Diversion and Greenhouse Gas Reduction Financial Assistance [42995 - 42999.7] ( Chapter 22 added by Stats. 2014, Ch. 36, Sec. 19. ) ## 42999.7. Within two years of the appropriation by the Legislature for the Zero-Waste Equity Grant Program, the department, in consultation with the California Workforce Development Board and the Department of Industrial Relations shall submit policy recommendations to the Legislature on how to increase job opportunities and improve labor standards and worker pay related to the zero-waste job sector, including apprenticeship and job training programs that promote industry-recognized skills and credentials, and career technical education, and identify occupational hazards. (Added by Stats. 2022, Ch. 342, Sec. 9. (AB 1857) Effective January 1, 2023.)
  126. 43000.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Solid Waste Facility Standards [43000 - 43050] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Landfill Facility Requirements [43000- 43000.] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    This section defines “waste management unit” and “new waste management unit” for this chapter.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Solid Waste Facility Standards [43000 - 43050] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Landfill Facility Requirements [43000- 43000.] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 43000. The following definitions govern the construction of this chapter: (a) “Waste management unit” means the area of a solid waste landfill facility in or on which solid wastes are placed for disposal. (b) “New waste management unit” means a waste management unit which is not authorized on or before January 1, 1990, under waste discharge provisions adopted on or before that date pursuant to Division 7 (commencing with Section 13000) of the Water Code and for which a solid waste facility permit was not issued on or before that date pursuant to Title 7.3 (commencing with Section 66700) of the Government Code as it read before January 1, 1990. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  127. 43020.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Solid Waste Facility Standards [43000 - 43050] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Handling and Disposal Standards [43020 - 43035] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    The board must adopt and revise regulations setting minimum standards for solid waste handling, transfer, composting, transformation, and disposal, but it cannot include requirements already controlled by air-pollution or water-pollution authorities.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Solid Waste Facility Standards [43000 - 43050] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Handling and Disposal Standards [43020 - 43035] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 43020. The board shall adopt and revise regulations which set forth minimum standards for solid waste handling, transfer, composting, transformation, and disposal, in accordance with this division, and Section 117590 of, and Chapter 6.5 (commencing with Section 25100) of Division 20 of, the Health and Safety Code. The board shall not include any requirements that are already under the authority of the State Air Resources Board for the prevention of air pollution or of the state water board for the prevention of water pollution. (Amended by Stats. 1996, Ch. 1023, Sec. 405. Effective September 29, 1996.)
  128. 43020.1.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Solid Waste Facility Standards [43000 - 43050] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Handling and Disposal Standards [43020 - 43035] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    The board may consider different operational requirements for nonhazardous wood waste landfills and must revise its regulations if it decides they should differ; it also may not adopt regulations less stringent than EPA rules.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Solid Waste Facility Standards [43000 - 43050] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Handling and Disposal Standards [43020 - 43035] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 43020.1. (a) As part of the existing regulatory review process for regulations adopted pursuant to this article, the board may consider whether the operational requirements that apply to nonhazardous wood waste landfills should differ from the operational requirements that apply to other categories of solid waste landfills, such as those used for the disposal of municipal solid waste. If the board determines that the operational requirements that apply to nonhazardous wood waste landfills should differ from the operational requirements that apply to other categories of solid waste landfills, such as those used for the disposal of municipal solid waste, the board shall revise its regulations accordingly. (b) For the purposes of this section, “nonhazardous wood waste landfill” means a landfill that exclusively accepts untreated bark, sawdust, shavings, and chips that are the byproducts of primary wood product manufacturing and processes that are not used as raw material and that are destined for disposal. “Nonhazardous wood waste landfill” does not include any landfill that accepts chemically treated or adulterated bark, sawdust, shavings, and chips that are the byproducts of primary wood product manufacturing and processes that are not used as raw material and that are destined for disposal. (c) Nothing in this section is intended to authorize the board to adopt regulations which are less stringent than those adopted by the Environmental Protection Agency pursuant to Part 256 (commencing with Section 256.01) of Title 40 of the Code of Federal Regulations. (Added by Stats. 1992, Ch. 1035, Sec. 4. Effective January 1, 1993.)
  129. 43021.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Solid Waste Facility Standards [43000 - 43050] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Handling and Disposal Standards [43020 - 43035] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    Regulations must include standards for solid waste facility design, operation, maintenance, and ultimate reuse, and must not cover matters that are only of local concern or are within certain air and water agency jurisdictions.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Solid Waste Facility Standards [43000 - 43050] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Handling and Disposal Standards [43020 - 43035] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 43021. Regulations shall include standards for the design, operation, maintenance, and ultimate reuse of solid waste facilities, but shall not include aspects of solid waste handling or disposal which are solely of local concern or which are within the jurisdiction of the State Air Resources Board, air pollution control districts and air quality management districts, or the state water board or regional water boards. (Amended by Stats. 1993, Ch. 656, Sec. 9. Effective October 1, 1993.)
  130. 43022.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Solid Waste Facility Standards [43000 - 43050] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Handling and Disposal Standards [43020 - 43035] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    Open burning of solid waste is prohibited at any solid waste facility, with a narrow exception for infrequent burning of certain listed wastes. Owners and operators must comply with this rule when the referenced federal regulations take effect.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Solid Waste Facility Standards [43000 - 43050] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Handling and Disposal Standards [43020 - 43035] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 43022. (a) The open burning of solid waste, except for the infrequent burning of agricultural wastes, silvicultural wastes, landclearing debris, diseased trees, or debris from emergency cleanup operations, is prohibited at any solid waste facility. (b) The owners and operators of solid waste facilities shall comply with subdivision (a) on and after the effective date of the federal regulations set forth in Subpart C (commencing with Section 258.20) of Part 258 of Title 40 of the Code of Federal Regulations. (Added by Stats. 1993, Ch. 289, Sec. 1. Effective August 2, 1993.)
  131. 43030.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Solid Waste Facility Standards [43000 - 43050] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Handling and Disposal Standards [43020 - 43035] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    The board must adopt landfill-gas monitoring and control regulations, consult specified agencies, and require owners and operators of disposal sites or facilities to report data and perform inventories and evaluations.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Solid Waste Facility Standards [43000 - 43050] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Handling and Disposal Standards [43020 - 43035] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 43030. (a) The board shall adopt regulations that are consistent with Section 40055 governing the monitoring and control of the subsurface migration of landfill gas. (b) The board shall consult with the state water board, the State Air Resources Board, and the California Air Pollution Control Officers Association to ensure that the regulations do not conflict with any regulations adopted by the state water board and the State Air Resources Board or air pollution control districts and air quality management districts. (c) The regulations adopted by the board pursuant to subdivision (a) shall establish monitoring and control standards, based on the potential of the waste to generate landfill gas, as determined by the board, and shall require owners and operators of disposal sites or disposal facilities to report monitoring data and to perform, or cause to be performed, site inventories and evaluations of disposal sites or disposal facilities for the subsurface migration of landfill gas. (d) If an owner or operator of a disposal site or disposal facility is in compliance with requirements of the air pollution control district or the air quality management district within whose jurisdiction the disposal site or disposal facility is located, the owner or operator shall be deemed to be in compliance with this section and with any regulations adopted by the board pursuant to this section. However, owners or operators of disposal sites and disposal facilities shall be required to comply with regulations adopted by the board pursuant to this section, which impose requirements not addressed by the requirements of the air pollution control district or the air quality management district within whose jurisdiction the disposal site or disposal facility is located. (Amended by Stats. 1996, Ch. 1038, Sec. 32. Effective September 29, 1996.)
  132. 43035.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Solid Waste Facility Standards [43000 - 43050] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Handling and Disposal Standards [43020 - 43035] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    The board must develop an integrated waste management disaster plan with the Office of Emergency Services, and may adopt regulations to carry it out.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Solid Waste Facility Standards [43000 - 43050] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Handling and Disposal Standards [43020 - 43035] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 43035. (a) The board, in cooperation with the Office of Emergency Services, shall develop an integrated waste management disaster plan to provide for the handling, storage, processing, transportation, and diversion from disposal sites, or provide for disposal at a disposal site where absolutely necessary, of solid waste, resulting from a state of emergency or a local emergency, as defined, respectively, in subdivisions (b) and (c) of Section 8558 of the Government Code. (b) The board may adopt regulations, including emergency regulations, necessary to carry out the integrated waste management disaster plan. (Amended by Stats. 2013, Ch. 352, Sec. 492. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  133. 43040.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Solid Waste Facility Standards [43000 - 43050] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 3. Financial Responsibility [43040- 43040.] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    The board must adopt regulations requiring disposal-facility permit applicants or holders to provide financial assurance, and the operator must show enough financial ability to cover certain injury and property-damage claims before closure.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Solid Waste Facility Standards [43000 - 43050] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 3. Financial Responsibility [43040- 43040.] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 43040. (a) The board shall adopt standards and regulations requiring that, as a condition for the issuance, modification, revision, or review of a solid waste facilities permit for a disposal facility, the operator of the disposal facility shall provide assurance of adequate financial ability to respond to personal injury claims and public or private property damage claims resulting from the operations of the disposal facility which occur before closure. (b) To the extent practicable and consistent with federal law and regulations, the board and the state water board shall, on or before January 1, 1994, develop a work plan for combining financial assurance requirements for operating liability with financial assurance requirements for corrective actions into one mechanism which provides appropriate coverage for both purposes. (Amended by Stats. 1993, Ch. 656, Sec. 11. Effective October 1, 1993.)
  134. 43050.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Solid Waste Facility Standards [43000 - 43050] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 4. Long-Term Threats to Landfills [43050- 43050.] ( Article 4 added by Stats. 2006, Ch. 504, Sec. 1. )

    Verify source ↗

    The board must study landfill risks and financial assurance mechanisms, consult specified stakeholders, and later adopt regulations and recommendations.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Solid Waste Facility Standards [43000 - 43050] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 4. Long-Term Threats to Landfills [43050- 43050.] ( Article 4 added by Stats. 2006, Ch. 504, Sec. 1. ) ## 43050. (a) On or before January 1, 2008, the board shall conduct a study to define the conditions that potentially affect solid waste landfills, including technologies and engineering controls designed to mitigate potential risks, in order to identify potential long-term threats to public health and safety and the environment. The board shall also study various financial assurance mechanisms that would protect the state from long-term postclosure and corrective action costs in the event that a landfill owner or operator fails to meet its legal obligations to fund postclosure maintenance or corrective action during the postclosure period. The board, on or before July 1, 2009, shall adopt regulations and develop recommendations for needed legislation to implement the findings of the study. (b) In conducting the study described in subdivision (a), the board shall consult with representatives of the League of California Cities, the County Supervisors Association of California, private and public waste services, and environmental organizations. (Added by Stats. 2006, Ch. 504, Sec. 1. Effective January 1, 2007.)
  135. 43100.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1.5. The Solid Waste Disposal Regulatory Reform Act of 1993 [43100 - 43103] ( Chapter 1.5 added by Stats. 1993, Ch. 656, Sec. 12. )

    Verify source ↗

    This chapter is known as, and may be cited as, the Solid Waste Disposal Regulatory Reform Act of 1993.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1.5. The Solid Waste Disposal Regulatory Reform Act of 1993 [43100 - 43103] ( Chapter 1.5 added by Stats. 1993, Ch. 656, Sec. 12. ) ## 43100. This chapter shall be known, and may be cited, as the Solid Waste Disposal Regulatory Reform Act of 1993. (Added by Stats. 1993, Ch. 656, Sec. 12. Effective October 1, 1993.)
  136. 43101.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1.5. The Solid Waste Disposal Regulatory Reform Act of 1993 [43100 - 43103] ( Chapter 1.5 added by Stats. 1993, Ch. 656, Sec. 12. )

    Verify source ↗

    This section states the Legislature’s intent to streamline solid waste regulation while preserving agency authority and environmental standards.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1.5. The Solid Waste Disposal Regulatory Reform Act of 1993 [43100 - 43103] ( Chapter 1.5 added by Stats. 1993, Ch. 656, Sec. 12. ) ## 43101. The Legislature hereby finds and declares as follows: (a) The board and the state water board have submitted a report entitled Joint Report: Reforming the California Solid Waste Disposal Regulatory Process, and have recommended legislation to the Governor and the Legislature that identifies areas of regulatory overlap, conflict, and duplication and makes recommendations for change. (b) The report found that regulatory overlap, conflict, and duplication were evident between the board and the state water board and between the board and local enforcement agencies and that regulatory reform was necessary to streamline the state’s solid waste disposal regulatory process. In addition, it was found that a recasting of the solid waste facilities permit was warranted to make more efficient and streamlined the permitting and regulation of solid waste disposal facilities. The report also makes numerous other appropriate recommendations for improving the manner in which the management of solid waste is regulated by the state which require immediate legislative response. (c) It is, therefore, the intent of the Legislature, in enacting this chapter, and in making the necessary revisions to this division and Division 7 (commencing with Section 13000) of the Water Code by the act enacting this chapter, to accomplish all of the following: (1) As provided by Sections 40054 and 40055, the board, the state water board, and the regional water boards shall retain their appropriate statutory authority over solid waste disposal facilities and sites. A clear and concise division of authority shall be maintained in both statute and regulation to remove all areas of overlap, duplication, and conflict between the board and the state water board and regional water boards, or between the board and any other state agency, as appropriate. (2) The state water board and regional water boards shall be the sole agencies regulating the disposal and classification of solid waste for the purpose of protecting the waters of the state, consistent with Section 40055, and the board and the certified local enforcement agencies shall regulate all other aspects of solid waste disposal within the scope of their appropriate regulatory authority. (3) To effectuate that clear division of authority, the board and the state water board shall develop one consolidated set of solid waste disposal facility regulations where distinct chapters are written and implemented by the appropriate agency, and one consolidated permit application, including one technical report to incorporate the requirements of both the solid waste facilities permit and waste discharge requirements. (4) The process and timeframe for the review and approval of the consolidated application shall be revised to allow, to the greatest extent feasible, for the concurrent development and review of the waste discharge requirements and the solid waste facilities permit. The intent of this permit streamlining effort is to shorten the overall timeframe for processing a permit and to accommodate concurrent reviews by the local enforcement agency and the regional water boards within a set timeframe. (5) Any details of a concurrent permit approval process shall be worked out in an implementation plan that is developed jointly by the board and state water board with input from interested parties. (6) If practicable, joint inspections of facilities shall be conducted by the board, regional water boards, and local enforcement agencies, and inspection reports shall be shared with any other affected state or local agency. (7) The closure and postclosure maintenance requirements of the board and the state water board for solid waste landfills shall be combined into one set of consolidated regulations which require one closure and postclosure maintenance plan to be prepared for each solid waste landfill. (8) A clear and concise division of responsibilities shall be maintained to minimize overlap and duplication of permitting, inspection, and compliance duties between the board and certified local enforcement agencies. The board’s primary role in regard to permitting and compliance shall be to provide technical assistance and ongoing training and support to local enforcement agencies, to ensure a local enforcement agency’s performance in complying with state minimum standards, and to review permits and other documents submitted by local enforcement agencies for board concurrence or approval. The board shall strengthen the state certification and evaluation program for local enforcement agencies and shall set clear and uniform standards to be met by local enforcement agencies. (9) The Solid Waste Disposal Site Cleanup and Maintenance Account shall be abolished and a solid waste disposal fee established for deposit in the Integrated Waste Management Account which provides adequate funding for all obligations imposed pursuant to this division. In addition, the costs of the state water board and the regional water boards of regulating solid waste facilities shall be funded from the account. (10) The Solid Waste Assessment Test Program shall continue operating with resources from the Integrated Waste Management Account until all of the ranked solid waste disposal sites are reviewed. (11) Responsibility for establishing and enforcing financial responsibility requirements for solid waste landfills, from operation through to cleanup, shall, to the greatest extent practicable and consistent with applicable federal law, be consolidated into one set of regulations administered by the board, in consultation with the state water board. (12) At a minimum, the financial assurance requirements for closure and postclosure maintenance shall be combined, and the requirements for corrective action and operating liability shall be reviewed, as required by subdivision (b) of Section 43040, to determine if there can be further consolidation of financial assurance requirements for solid waste landfills. (13) The state water board or the appropriate regional water board shall have access to the financial assurance funds for closure and postclosure activities and to financial assurance funds for corrective action, as necessary, to address water quality problems, if the owner or operator has failed to implement the required closure and postclosure activities or corrective action activities. (d) It is the intent of the Legislature, in enacting this chapter, and in making the necessary revisions to this division and Division 7 (commencing with Section 13000) of the Water Code, to ensure that the state minimum standards for environmental protection at solid waste disposal facilities are not reduced. (Added by Stats. 1993, Ch. 656, Sec. 12. Effective October 1, 1993.)
  137. 43102.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1.5. The Solid Waste Disposal Regulatory Reform Act of 1993 [43100 - 43103] ( Chapter 1.5 added by Stats. 1993, Ch. 656, Sec. 12. )

    Verify source ↗

    The board and the state water board must jointly develop an implementation plan by July 1, 1994, make recommendations for further reforms, and include specified items in the plan.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1.5. The Solid Waste Disposal Regulatory Reform Act of 1993 [43100 - 43103] ( Chapter 1.5 added by Stats. 1993, Ch. 656, Sec. 12. ) ## 43102. On or before July 1, 1994, the board and the state water board shall jointly develop a plan to implement the changes made to this division and Division 7 (commencing with Section 13000) of the Water Code by the act adding this chapter, and shall make recommendations for additional reforms to both statutory law and regulations, which are consistent with the intent specified in Section 43101. In developing an implementation plan, the board and the state water board shall seek the active participation of representatives of local government, other state agencies, the regulated community, environmental organizations, and interested parties. At a minimum, the implementation plan shall include a work plan for revising regulations, a timeline for implementation, and a description of necessary administrative actions. (Added by Stats. 1993, Ch. 656, Sec. 12. Effective October 1, 1993.)
  138. 43103.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1.5. The Solid Waste Disposal Regulatory Reform Act of 1993 [43100 - 43103] ( Chapter 1.5 added by Stats. 1993, Ch. 656, Sec. 12. )

    Verify source ↗

    The board and the state water board must adopt regulations to carry out the changes made by this chapter and the chapter-adding act.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1.5. The Solid Waste Disposal Regulatory Reform Act of 1993 [43100 - 43103] ( Chapter 1.5 added by Stats. 1993, Ch. 656, Sec. 12. ) ## 43103. The board and the state water board shall adopt regulations for the implementation of the changes required by this chapter, and the act adding this chapter. (Added by Stats. 1993, Ch. 656, Sec. 12. Effective October 1, 1993.)
  139. 43200.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Local Enforcement Agencies [43200 - 43222] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    The board must adopt certification regulations for local enforcement agencies, and those regulations must set requirements for agency designation.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Local Enforcement Agencies [43200 - 43222] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 43200. (a) The board shall prepare and adopt certification regulations for local enforcement agencies. The regulations shall specify requirements that a local agency shall meet before being designated as an enforcement agency. The regulations shall include, but are not limited to, all of the following: (1) Technical expertise. (2) (A) Adequacy of staff resources. (B) For the purposes of this paragraph, the board shall adopt regulations for specified enforcement agencies, as defined in subparagraph (C), which meet all of the following requirements: (i) The regulations shall not require a specific number of person-hours or staff resources for the performance of duties as a specified enforcement agency. (ii) The regulations shall establish performance standards for specified enforcement agencies which will provide a comparable level of public health and safety and environmental protection to that required of other local agencies certified pursuant to this article. (iii) The regulations shall establish procedures to ensure that all duties required of specified enforcement agencies pursuant to this article are actually performed. (iv) The regulations shall require specified enforcement agency personnel to receive a comparable level of training to that required of personnel employed by other local agencies certified pursuant to this article. (C) For the purposes of subparagraph (B), “specified enforcement agency” means a local enforcement agency which has a population of less than 50,000 persons. (3) Adequacy of budget resources. (4) Training requirements. (5) The existence of at least one permitted solid waste facility within the jurisdiction of the local agency. For the purposes of this paragraph, “permitted solid waste facility” includes a proposed solid waste facility for which an environmental impact report or negative declaration has been prepared and certified pursuant to Division 13 (commencing with Section 21000) or for which a conditional use permit has been issued by a city or county. (b) The regulations adopted pursuant to subdivision (a) shall specify four separate types of certifications for which an enforcement agency may be designated, as follows: (1) Permitting, inspection, and enforcement of regulations at solid waste landfills. (2) Permitting, inspection, and enforcement of solid waste incinerators. (3) Permitting, inspection, and enforcement of transfer and processing stations. (4) Inspection and enforcement of litter, odor, and nuisance regulations at solid waste landfills. (Amended by Stats. 1993, Ch. 665, Sec. 1. Effective January 1, 1994.)
  140. 43200.5.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Local Enforcement Agencies [43200 - 43222] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    A designated and department-certified enforcement agency has the authority and duties given by this part, Part 5, and Part 6, and it is treated as carrying out an independent state function when doing so.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Local Enforcement Agencies [43200 - 43222] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 43200.5. (a) An enforcement agency that has been designated by the local governing body and certified by the department pursuant to this chapter has the authority provided, and the duties required, by this part, Part 5 (commencing with Section 45000), and Part 6 (commencing with Section 45030). (b) When exercising the authority and fulfilling the duties specified in subdivision (a), an enforcement agency is deemed to be carrying out a state function that is governed by this division. In carrying out this state function, an enforcement agency is deemed to be independent from the local governing body, and the enforcement agency’s actions in carrying out this state function is not subject to the authority of the local governing body. (c) If an enforcement agency is authorized or required to take an action by a state law or local ordinance and that action is not otherwise authorized or required by this part, Part 5 (commencing with Section 45000), or Part 6 (commencing with Section 45030), the enforcement agency, with regard to that action, is governed only by that local ordinance or state law, respectively, in exercising that authority or carrying out that requirement and is not governed by this division. (Added by Stats. 2013, Ch. 509, Sec. 3. (AB 1398) Effective January 1, 2014.)
  141. 43201.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Local Enforcement Agencies [43200 - 43222] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    After August 1, 1992, an enforcement agency cannot be designated or exercise enforcement powers unless the board determines it meets the required certification type(s) and certifies the agency.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Local Enforcement Agencies [43200 - 43222] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 43201. After August 1, 1992, no enforcement agency shall be designated pursuant to this article unless the board determines that the agency fully complies with one or more of the certification types specified in Section 43200. No enforcement agency shall, after August 1, 1992, exercise the powers of an enforcement agency pursuant to this chapter unless the agency has been certified by the board. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  142. 43202.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Local Enforcement Agencies [43200 - 43222] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    A local governing body may designate an enforcement agency, and the board may certify it; if none is designated and certified, the board becomes the enforcement agency for the jurisdiction, subject to specified agreements.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Local Enforcement Agencies [43200 - 43222] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 43202. An enforcement agency may be designated by the local governing body and certified by the board to act to carry out this chapter within each jurisdiction. If an enforcement agency is not designated and certified, the board, in addition to its other powers and duties, shall be the enforcement agency within the jurisdiction, subject to the agreement required pursuant to Section 43212.1 or 43310.1. (Amended by Stats. 1995, Ch. 952, Sec. 3. Effective October 16, 1995.)
  143. 43203.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Local Enforcement Agencies [43200 - 43222] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    This section lets counties and cities choose how to designate an enforcement agency for this chapter.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Local Enforcement Agencies [43200 - 43222] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 43203. The designation of the enforcement agency shall be made by any one of the following procedures: (a) The board of supervisors of the county may designate the enforcement agency to carry out this chapter in the county. The designation is subject to the approval by a majority of the cities within the county which contain a majority of the population of the incorporated areas of the county, except in those counties which have only two cities, in which case the designation shall be subject to approval by the city which contains the majority of the population of the incorporated area of the county. (b) The county and the cities within the county may enter into a joint exercise of powers agreement pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code for the purpose of establishing an enforcement agency to carry out this chapter in the jurisdiction of the joint powers agency. (c) A city council may, at any time, designate an enforcement agency to carry out this chapter in the city. (d) The board of supervisors of the county may designate an enforcement agency to carry out this chapter in the unincorporated area of the county. (Amended by Stats. 1992, Ch. 1292, Sec. 66. Effective January 1, 1993.)
  144. 43204.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Local Enforcement Agencies [43200 - 43222] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    An enforcement agency cannot act as an enforcement agency until the board approves its designation.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Local Enforcement Agencies [43200 - 43222] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 43204. No enforcement agency may exercise the powers and duties of an enforcement agency until the designation is approved by the board. After August 1, 1992, the board shall not approve a designation unless it finds that the designated enforcement agency is capable of fulfilling its responsibilities under the enforcement program and meets the certification requirements adopted by the board pursuant to Section 43200. (Amended by Stats. 1990, Ch. 1355, Sec. 29. Effective September 27, 1990.)
  145. 43205.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Local Enforcement Agencies [43200 - 43222] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    If no enforcement agency has been designated and certified, the board becomes the enforcement agency and may have to carry that role through the fiscal year, with special rules for Stanislaus and Santa Cruz Counties. The board and the enforcement agency may not charge duplicative fees or charges to a solid waste facility owner or operator.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Local Enforcement Agencies [43200 - 43222] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 43205. (a) Except as provided in subdivision (b), if no enforcement agency is designated and certified, the board shall be the enforcement agency and shall assume all the powers and duties of an enforcement agency pursuant to this chapter, subject to the agreement required pursuant to Section 43212.1 or 43310.1. If the board is the enforcement agency and an enforcement agency is then designated and certified by the board, the board shall continue to act as the enforcement agency for the remainder of the fiscal year, with those responsibilities terminating as of June 30, unless otherwise specified by the board. (b) Notwithstanding subdivision (a), if no enforcement agency is designated and certified for Stanislaus County or Santa Cruz County, the board shall be the enforcement agency, and shall assume all of the powers and duties of an enforcement agency for that county, but shall not be required to enter into the agreement required pursuant to Sections 43212.1 or 43310.1. (c) The board and the enforcement agency shall not, at any time, impose duplicative fees or charges on the owner or operator of a solid waste facility. (Amended by Stats. 1995, Ch. 952, Sec. 4. Effective October 16, 1995.)
  146. 43206.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Local Enforcement Agencies [43200 - 43222] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    A designation made under this article may be withdrawn the same way it was made.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Local Enforcement Agencies [43200 - 43222] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 43206. A designation made pursuant to this article may be withdrawn in the same manner in which it was made. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  147. 43207.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Local Enforcement Agencies [43200 - 43222] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    A local government department or agency that runs a solid waste handling or disposal operation cannot serve as the enforcement agency for that same operation unless the board authorizes it.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Local Enforcement Agencies [43200 - 43222] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 43207. No local governmental department or agency, or any employee thereof, which is the operating unit for a solid waste handling or disposal operation shall be the enforcement agency, or an employee thereof, for the types of solid waste handling or disposal operation it conducts unless authorized by the board to act in that capacity. (Amended by Stats. 1995, Ch. 952, Sec. 5. Effective October 16, 1995.)
  148. 43208.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Local Enforcement Agencies [43200 - 43222] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    Local governing bodies may not pass or enforce rules that prohibit or unreasonably regulate certain mixed hazardous/solid waste facilities, except where specified by the cited laws.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Local Enforcement Agencies [43200 - 43222] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 43208. Notwithstanding any other provision of law, except as provided in Chapter 6.5 (commencing with Section 25100) of Division 20 of the Health and Safety Code, and Section 731 of the Code of Civil Procedure, no local governing body may enact, issue, enforce, suspend, revoke, or modify any ordinance, regulation, law, license, or permit relating to a facility that accepts both hazardous wastes and other solid wastes and which meets any of the criteria enumerated in subdivision (a) of Section 25148 of the Health and Safety Code, and was operating as of May 1, 1981, pursuant to a valid solid waste facility permit, so as to prohibit or unreasonably regulate the operation of, or the disposal, treatment, or recovery of resources from solid wastes at any such facility. However, nothing in this section authorizes an operator of such a facility to violate any term or condition of a local land use or facility permit or any other provision of law not in conflict with this section. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  149. 43209.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Local Enforcement Agencies [43200 - 43222] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    The enforcement agency must carry out specified enforcement, reporting, recordkeeping, consultation, and inspection duties, and it may adopt local solid-waste standards if required approvals are obtained.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Local Enforcement Agencies [43200 - 43222] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 43209. The enforcement agency, within its jurisdiction and consistent with its certification by the board, shall do all of the following: (a) Enforce applicable provisions of this part, regulations adopted under this part, and terms and conditions of permits issued pursuant to Chapter 3 (commencing with Section 44001). (b) Request enforcement by appropriate federal, state, and local agencies of their respective laws governing solid waste storage, handling, and disposal. (c) File with the board, upon its request, information the board determines to be necessary. (d) Develop, implement, and maintain inspection, enforcement, permitting, and training programs. (e) (1) Establish and maintain an enforcement program consistent with regulations adopted by the board to implement this chapter, the standards adopted pursuant to this chapter, and the terms and conditions of permits issued pursuant to Chapter 3 (commencing with Section 44001). (2) The enforcement agency may establish specific local standards for solid waste handling and disposal subject to approval by a majority vote of its local governing body, by resolution or ordinance, if those standards are incorporated into the enforcement program specified in paragraph (1) and are approved by the department. (3) A standard established pursuant to this subdivision shall be consistent with this division and all regulations adopted by the board. (f) Keep and maintain records of its inspection, enforcement, permitting, training, and regulatory programs, and of any other official action in accordance with regulations adopted by the board. (g) (1) Consult, as appropriate, with the appropriate local health agency concerning all actions which involve health standards. (2) The consultation required by this subdivision shall include affording the health agency adequate notice and opportunity to conduct and report the evaluation as it reasonably determines is appropriate. (h) Establish and maintain an inspection program. (1) The inspection program required by this subdivision shall be designed to determine whether any solid waste facility is operating under any of the following: (A) The facility is operating without a permit. (B) The facility is operating in violation of state minimum standards. (C) The facility is operating in violation of the terms and conditions of its solid waste facilities permit. (D) The facility may pose a significant threat to public health and safety or to the environment, based on any relevant information. (2) The inspection program established pursuant to this subdivision shall also ensure frequent inspections of solid waste facilities that have an established pattern of noncompliance with this division, regulations adopted pursuant to this division, or the terms and conditions of a solid waste facilities permit. The inspection program may include public awareness activities, enforcement to prevent the illegal dumping of solid waste, and the abatement of the illegal dumping of solid waste. (Amended by Stats. 2013, Ch. 509, Sec. 4. (AB 1398) Effective January 1, 2014.)
  150. 43209.1.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Local Enforcement Agencies [43200 - 43222] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    The enforcement agency must respond to certain odor complaints from compost facilities, and the board must create a working group, develop recommendations, implement appropriate recommendations, and adopt and submit compost-site regulations by specified dates.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Local Enforcement Agencies [43200 - 43222] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 43209.1. (a) Notwithstanding any other provision of law, if an enforcement agency receives a complaint, pursuant to subdivision (b) of Section 41705 of the Health and Safety Code, from an air pollution control district or an air quality management district pertaining to an odor emanating from a compost facility under its jurisdiction, the enforcement agency shall, in consultation with the district, take appropriate enforcement actions pursuant to this part. (b) On or before April 1, 1998, the board shall convene a working group consisting of enforcement agencies and air pollution control districts and air quality management districts to assist in the implementation of this section and Section 41705 of the Health and Safety Code. On or before April 1, 1999, the board and the working group shall develop recommendations on odor measurement and thresholds, complaint response procedures, and enforcement tools and take any other action necessary to ensure that enforcement agencies respond in a timely and effective manner to complaints of odors emanating from composting facilities. On or before January 1, 2000, the board shall implement the recommendations of the working group that the board determines to be appropriate. (c) On or before April 1, 2003, the board shall adopt and submit to the Office of Administrative Law, pursuant to Section 11346.2 of the Government Code, regulations governing the operation of organic composting sites that include, but are not limited to, any of the following: (1) Odor management and threshold levels. (2) Complaint investigation and response procedures. (3) Enforcement tools. (d) This section shall become inoperative on April 1, 2003, unless the board adopts and submits regulations governing the operation of organic composting sites to the Office of Administrative Law pursuant to subdivision (c) on or prior to that date. (Amended by Stats. 2001, Ch. 424, Sec. 3. Effective October 2, 2001. Conditionally inoperative April 1, 2003, as provided in subd. (d).)
  151. 43210.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Local Enforcement Agencies [43200 - 43222] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    For certain facilities handling only hazardous waste, only low-level radioactive waste, or both, the board and enforcement agency have no enforcement or regulatory authority; those enforcement duties are assigned to other state departments.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Local Enforcement Agencies [43200 - 43222] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 43210. For those facilities that accept only hazardous wastes, or accept only low-level radioactive wastes, or facilities that accept only both, and to which Chapter 6.5 (commencing with Section 25100) of Division 20 or Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the Health and Safety Code applies, the board and the enforcement agency have no enforcement or regulatory authority. All enforcement activities for the facilities relative to the control of hazardous wastes shall be performed by the Department of Toxic Substances Control pursuant to Article 8 (commencing with Section 25180) of Chapter 6.5 of Division 20 of the Health and Safety Code, and all enforcement activities relative to the control of low-level radioactive waste shall be performed by the State Department of Health Services pursuant to Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the Health and Safety Code. (Amended by Stats. 1997, Ch. 17, Sec. 123. Effective January 1, 1998.)
  152. 43211.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Local Enforcement Agencies [43200 - 43222] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    This section assigns enforcement and regulatory powers over certain waste controls to specific authorities, and defines “asbestos containing waste.”

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Local Enforcement Agencies [43200 - 43222] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 43211. (a) For those facilities that accept both hazardous wastes and other solid wastes, the Department of Toxic Substances Control shall exercise enforcement and regulatory powers relating to the control of the hazardous wastes at the facility pursuant to Chapter 6.5 (commencing with Section 25100) of Division 20 of the Health and Safety Code. The board and the enforcement agency shall, at solid waste disposal facilities, exercise enforcement and regulatory powers relating to the control of solid wastes and asbestos-containing waste, as provided in Section 44820. (b) For purposes of this section, “asbestos containing waste” means waste that contains more than 1 percent by weight, of asbestos that is either friable or nonfriable. (Amended by Stats. 1997, Ch. 17, Sec. 124. Effective January 1, 1998.)
  153. 43212.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Local Enforcement Agencies [43200 - 43222] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    If the board is the enforcement agency, it may charge fees to recover its operating costs and must collect them in a board-determined way after consulting the local governing body.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Local Enforcement Agencies [43200 - 43222] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 43212. (a) If the board is the enforcement agency, the board may impose fees to recover its costs of operation on the local governing body, a solid waste facility operator, or a solid waste enterprise that operates within the jurisdiction of the enforcement agency, and shall collect those fees in a manner determined by the board and developed in consultation with the local governing body. Any fees imposed pursuant to this section shall bear a direct relationship to the reasonable and necessary costs, as determined by the board, of providing for the efficient operation of the activities or programs for which the fee is imposed. (b) If the board is the enforcement agency for a county and all of the cities within that county, the local governing body shall be the county board of supervisors for purposes of this section. (Amended by Stats. 1995, Ch. 952, Sec. 7.5. Effective October 16, 1995.)
  154. 43212.1.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Local Enforcement Agencies [43200 - 43222] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    If the board is the enforcement agency, the local governing body and the board must enter into an agreement.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Local Enforcement Agencies [43200 - 43222] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 43212.1. If the board is the enforcement agency, the local governing body and the board shall enter into an agreement which shall identify the jurisdictional boundaries of the enforcement agency; address the powers and duties to be performed by the board as the enforcement agency, and identify an estimated workload and anticipated costs to the board. (Added by Stats. 1995, Ch. 952, Sec. 8. Effective October 16, 1995.)
  155. 43213.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Local Enforcement Agencies [43200 - 43222] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    A local enforcement agency may charge fees or other charges for solid waste facilities or solid waste handling, if required local approvals are in place, and the charge cannot exceed actual enforcement costs.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Local Enforcement Agencies [43200 - 43222] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 43213. The enforcement agency may, upon a majority vote of its local governing body, prescribe, revise, and collect fees or other charges from each operator of a solid waste facility or from any person who conducts solid waste handling if the local governing body having ratesetting authority has approved rate adjustments to compensate the solid waste hauler or solid waste facility operator for the amount of the fee or charges imposed pursuant to this section. The fee or other charge shall be based on the weight, volume, or type of solid waste which is received or handled by any such operator or person or on any other appropriate basis or any combination of the foregoing. In no case shall the fee or other charge imposed by the enforcement agency under this section exceed the actual cost of the solid waste enforcement authorized under this title. (Amended by Stats. 1990, Ch. 305, Sec. 1.)
  156. 43214.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Local Enforcement Agencies [43200 - 43222] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    The board must set performance standards, review certified local enforcement agencies, and can take specified action if an agency is not meeting requirements.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Local Enforcement Agencies [43200 - 43222] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 43214. (a) The board shall develop performance standards for evaluating certified local enforcement agencies and shall periodically review each certified enforcement agency and its implementation of the permit, inspection, and enforcement program. The board’s review shall include periodic inspections of solid waste facilities and disposal sites within the jurisdiction of each enforcement agency for the purpose of evaluating whether the enforcement agency is appropriately applying and enforcing state minimum standards within its jurisdiction. (b) Following initial certification of an enforcement agency by the board, the board shall conduct a performance review of the enforcement agency every three years, or more frequently as determined by the board. (c) In conducting performance reviews of enforcement agencies, the board shall, based on the performance standards developed pursuant to subdivision (a), determine whether each enforcement agency is in compliance with the requirements of this article and the regulations adopted to implement this article. If the board finds that an enforcement agency is not fulfilling its responsibilities pursuant to this article and if the board also finds that this lack of compliance has contributed to significant noncompliance with state minimum standards at solid waste facilities or disposal sites within the jurisdiction of the enforcement agency, the board shall withdraw its approval of designation pursuant to Sections 43215 and 43216. Notwithstanding Sections 43215 and 43216, if the board finds that conditions at solid waste facilities or disposal sites within the jurisdiction of the enforcement agency threaten public health and safety or the environment, the board shall, within 10 days of notifying the enforcement agency, become the enforcement agency until another enforcement agency is designated locally and certified by the board. (d) The board shall find that an enforcement agency is not fulfilling its responsibilities pursuant to this article, and may take action as prescribed by subdivision (c), if the board, in conducting its performance review, makes one or more of the following findings with regard to compliance with this part and Part 5 (commencing with Section 45000): (1) The enforcement agency has failed to exercise due diligence in the inspection of solid waste facilities and disposal sites. (2) The enforcement agency has intentionally misrepresented the results of inspections. (3) The enforcement agency has failed to prepare, or cause to be prepared, permits, permit revisions, or closure and postclosure maintenance plans. (4) The enforcement agency has approved permits, permit revisions, or closure and postclosure maintenance plans that are not consistent with this part and Part 5 (commencing with Section 45000). (5) The enforcement agency has failed to take appropriate enforcement actions. (6) The enforcement agency has failed to comply with, or has taken actions that are inconsistent with, or that are not authorized by, this division or the regulations adopted by the board pursuant to this division. However, nothing in this paragraph is intended to affect the authority of enforcement agencies pursuant to subdivision (e) of Section 43209. (Amended by Stats. 2008, Ch. 500, Sec. 13. Effective January 1, 2009.)
  157. 43215.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Local Enforcement Agencies [43200 - 43222] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    If the board finds an enforcement agency is failing its responsibilities, it must notify the agency and may withdraw approval if the agency does not correct the problem in time. The board must also set up a formal regulations-based process for notice, hearing, evidence, and final action.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Local Enforcement Agencies [43200 - 43222] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 43215. (a) If the board, in conducting the inspection and performance review required pursuant to Section 43214 or this section, finds that the enforcement agency is not fulfilling one or more of its responsibilities, the board shall notify the enforcement agency of the particular reasons for finding that the enforcement agency is not fulfilling its responsibilities and of the board’s intention to withdraw its approval of the designation if, within a time to be specified in that notification, but in no event less than 30 days, the enforcement agency does not take the corrective action specified by the board. (b) The board shall adopt regulations that establish a process for notice, public hearing, the admission of evidence, and final action by the board for partial or full withdrawal of the approval of designation pursuant to this chapter. (Amended by Stats. 1995, Ch. 952, Sec. 10. Effective October 16, 1995.)
  158. 43215.1.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Local Enforcement Agencies [43200 - 43222] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    The board may provide legal counsel to help with compliance if an enforcement agency makes a written request.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Local Enforcement Agencies [43200 - 43222] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 43215.1. The board may, upon the written request of an enforcement agency, provide legal counsel for purposes of compliance with this part. (Added by Stats. 1995, Ch. 952, Sec. 11. Effective October 16, 1995.)
  159. 43216.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Local Enforcement Agencies [43200 - 43222] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    If the board withdraws approval of an enforcement agency designation, a new enforcement agency must be designated and approved within 90 days. If that does not happen, the board becomes the enforcement agency for the former agency’s area.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Local Enforcement Agencies [43200 - 43222] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 43216. If the board withdraws its approval of the designation of an enforcement agency, another enforcement agency shall be designated pursuant to Section 43203 within 90 days and approved by the board. If no designation is made within 90 days, the board shall become the enforcement agency within the jurisdiction of the former enforcement agency. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  160. 43216.5.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Local Enforcement Agencies [43200 - 43222] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    The board may take enforcement and oversight actions to help local enforcement agencies meet their duties under this chapter.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Local Enforcement Agencies [43200 - 43222] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 43216.5. In addition to the procedures for board withdrawal of its approval of a local enforcement agency’s designation pursuant to Sections 43214, 43215, and 43216, the board may take any actions which are determined by the board to be necessary to ensure that local enforcement agencies fulfill their obligations under this chapter. To ensure that a local enforcement agency is appropriately fulfilling its obligations under this chapter and implementing regulations, the board may conduct more frequent inspections and evaluations within a local enforcement agency’s jurisdiction, establish a schedule and probationary period for improved performance by a local enforcement agency, assume partial responsibility for specified local enforcement agency duties, and implement any other measures which may be determined by the board to be necessary to improve local enforcement agency compliance. (Added by Stats. 1993, Ch. 656, Sec. 15. Effective October 1, 1993.)
  161. 43217.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Local Enforcement Agencies [43200 - 43222] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    The board must provide ongoing training, technical assistance, and guidance to local enforcement agencies.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Local Enforcement Agencies [43200 - 43222] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 43217. The board shall provide ongoing training, technical assistance, and guidance to local enforcement agencies to assist in their decisionmaking processes. This assistance shall include, but is not limited to, providing all of the following: (a) Technical studies and reports. (b) Copies of innovative solid waste facility operation plans. (c) Investigative findings and analyses of new solid waste management practices and procedures. (d) A program for loaning technical and scientific equipment, to the extent that funds are available to the board to purchase that equipment. (Amended by Stats. 1993, Ch. 656, Sec. 16. Effective October 1, 1993.)
  162. 43218.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Local Enforcement Agencies [43200 - 43222] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    Each enforcement agency must inspect every solid waste facility in its jurisdiction at least monthly and file a written report within 30 days of the inspection.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Local Enforcement Agencies [43200 - 43222] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 43218. Each enforcement agency shall inspect each solid waste facility within its jurisdiction at least one time each month and shall file, within 30 days of the inspection, a written report in a format prescribed by the board. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  163. 43219.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Local Enforcement Agencies [43200 - 43222] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    The board may inspect solid waste facilities, but must do certain inspections, submit a written report within 30 days, and may have to take enforcement action or replace the local enforcement agency if serious violations or dangerous conditions are found.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Local Enforcement Agencies [43200 - 43222] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 43219. (a) The board may, at its discretion, conduct inspections and investigations of solid waste facilities in order to evaluate the local enforcement agency and to ensure that state minimum standards are met. (b) Except as otherwise provided by Section 43220, the board, in conjunction with an inspection conducted by the local enforcement agency, shall conduct inspections of solid waste facilities within the jurisdiction of each local enforcement agency. The board shall inspect the types and number of solid waste facilities which are determined by the board to be necessary to adequately evaluate whether the local enforcement agency is ensuring compliance by solid waste facilities with state minimum standards. A written inspection report shall be prepared and submitted within 30 days of the inspection to the local enforcement agency. (c) If the board identifies any significant violation of state minimum standards that were not identified and resolved through previous inspections by the local enforcement agency, the board shall take appropriate action as authorized by Sections 43215 and 43216.5. (d) Notwithstanding any other provision of this section and Sections 43215 and 43216, if, as a result of a facility inspection conducted pursuant to subdivision (b), the board finds that conditions at a solid waste facility within the jurisdiction of a local enforcement agency threaten public health and safety or the environment, the board shall, within 10 days of notifying the local enforcement agency, become the enforcement agency until another local enforcement agency is designated locally and certified by the board. (Amended by Stats. 1993, Ch. 656, Sec. 17. Effective October 1, 1993.)
  164. 43220.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Local Enforcement Agencies [43200 - 43222] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    The board must inspect each solid waste landfill and transformation facility at least every 18 months and file a written report with the local enforcement agency within 30 days.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Local Enforcement Agencies [43200 - 43222] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 43220. The board, in conjunction with an inspection conducted by the local enforcement agency, shall conduct at least one inspection every 18 months of each solid waste landfill and transformation facility in the state. A written inspection report shall be prepared and submitted within 30 days of the inspection to the local enforcement agency. If the board identifies any significant violation of state minimum standards that was not resolved through previous inspections by the local enforcement agency, the board shall take appropriate action as authorized by Sections 43215 and 43216.5 and subdivision (d) of Section 43219. (Added by Stats. 1993, Ch. 656, Sec. 18. Effective October 1, 1993.)
  165. 43222.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Local Enforcement Agencies [43200 - 43222] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    Fees or charges imposed under this part by an enforcement agency must be tied directly to the reasonable and necessary cost of efficiently operating the related activities or programs.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Local Enforcement Agencies [43200 - 43222] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 43222. Any fees or charges imposed pursuant to this part by any enforcement agency shall bear a direct relationship to the reasonable and necessary cost, as determined by the enforcement agency, of providing the efficient operation of the activities or programs for which the fee is assessed. (Added by Stats. 1995, Ch. 952, Sec. 12. Effective October 16, 1995.)
  166. 43230.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1.5. Local Enforcement Agency Grants [43230 - 43232] ( Article 1.5 added by Stats. 1993, Ch. 656, Sec. 20. )

    Verify source ↗

    The board must use account funds, if the Legislature appropriates them, to make grants to local enforcement agencies for the solid waste facilities permit and inspection program, and yearly grants cannot exceed $1,500,000.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1.5. Local Enforcement Agency Grants [43230 - 43232] ( Article 1.5 added by Stats. 1993, Ch. 656, Sec. 20. ) ## 43230. The board shall expend funds from the account, upon appropriation by the Legislature, for the making of grants to local enforcement agencies to carry out the solid waste facilities permit and inspection program pursuant to Chapter 3 (commencing with Section 44001). The total amount of grants made by the board pursuant to this section shall not exceed, in any one fiscal year, one million five hundred thousand dollars ($1,500,000). (Added by Stats. 1993, Ch. 656, Sec. 20. Effective October 1, 1993.)
  167. 43231.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1.5. Local Enforcement Agency Grants [43230 - 43232] ( Article 1.5 added by Stats. 1993, Ch. 656, Sec. 20. )

    Verify source ↗

    The board must adopt regulations to implement this article.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1.5. Local Enforcement Agency Grants [43230 - 43232] ( Article 1.5 added by Stats. 1993, Ch. 656, Sec. 20. ) ## 43231. The board shall adopt regulations for the implementation of this article. (Added by Stats. 1993, Ch. 656, Sec. 20. Effective October 1, 1993.)
  168. 43232.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1.5. Local Enforcement Agency Grants [43230 - 43232] ( Article 1.5 added by Stats. 1993, Ch. 656, Sec. 20. )

    Verify source ↗

    The board must pay article-related expenses only from the account and must not incur liabilities or obligations beyond the money available in the account. The state is not made liable under this part.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1.5. Local Enforcement Agency Grants [43230 - 43232] ( Article 1.5 added by Stats. 1993, Ch. 656, Sec. 20. ) ## 43232. All expenses which are incurred by the board in carrying out this article are payable solely from the account. No liability or obligation is imposed upon the state pursuant to this part, and the board shall not incur a liability or obligation beyond the extent to which money is provided in the account for the purposes of this article. (Added by Stats. 1993, Ch. 656, Sec. 20. Effective October 1, 1993.)
  169. 43300.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Powers and Duties of the Board [43300 - 43310.1] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    The board may enforce this division and its regulations when acting as an enforcement agency.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Powers and Duties of the Board [43300 - 43310.1] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 43300. The board, when acting in its capacity as an enforcement agency, may enforce all provisions of this division, and the regulations adopted thereto, for the protection of the environment and the public health and safety, and from nuisance. (Amended by Stats. 1993, Ch. 656, Sec. 21. Effective October 1, 1993.)
  170. 43300.5.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Powers and Duties of the Board [43300 - 43310.1] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    Enforcement policies under this division must be applied equally to public and private solid waste facilities.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Powers and Duties of the Board [43300 - 43310.1] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 43300.5. The enforcement policies of this division shall be applied equally and without distinction to publicly owned or operated, and to privately owned or operated, solid waste facilities. (Added by Stats. 1996, Ch. 732, Sec. 6. Effective January 1, 1997.)
  171. 43301.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Powers and Duties of the Board [43300 - 43310.1] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    The board must coordinate solid waste handling and disposal with federal, state, and local agencies and private persons.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Powers and Duties of the Board [43300 - 43310.1] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 43301. The board shall coordinate action in solid waste handling and disposal with other federal, state, and local agencies and private persons. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  172. 43302.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Powers and Duties of the Board [43300 - 43310.1] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    The board may ask appropriate federal, state, and local agencies to enforce laws on solid waste storage, handling, and disposal.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Powers and Duties of the Board [43300 - 43310.1] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 43302. The board may request enforcement by appropriate federal, state, and local agencies of their respective laws governing solid waste storage, handling, and disposal. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  173. 43303.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Powers and Duties of the Board [43300 - 43310.1] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    The board must develop, implement, and maintain inspection, enforcement, and training programs.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Powers and Duties of the Board [43300 - 43310.1] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 43303. The board shall develop, implement, and maintain inspection, enforcement, and training programs. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  174. 43304.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Powers and Duties of the Board [43300 - 43310.1] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    The board must adopt an enforcement program made up of regulations needed to carry out this division and the adopted standards.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Powers and Duties of the Board [43300 - 43310.1] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 43304. The board shall adopt an enforcement program consisting of regulations necessary to implement this division and the standards adopted pursuant thereto. The enforcement program shall include a description for carrying out the permit and inspection program pursuant to Chapter 3 (commencing with Section 44001). (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  175. 43305.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Powers and Duties of the Board [43300 - 43310.1] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    The board may create specific local standards for solid waste handling and disposal if it thinks necessary, after consulting the local governing body.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Powers and Duties of the Board [43300 - 43310.1] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 43305. The board may, as it deems necessary, establish specific local standards for solid waste handling and disposal after consultation with the local governing body. However, the standards shall be consistent with this division and all regulations adopted by the board. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  176. 43306.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Powers and Duties of the Board [43300 - 43310.1] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    The board must keep and maintain records of its inspection, enforcement, training, and regulatory programs, and any other official action, under regulations it adopts.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Powers and Duties of the Board [43300 - 43310.1] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 43306. The board shall keep and maintain records of its inspection, enforcement, training, and regulatory programs and of any other official action in accordance with regulations adopted by the board. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  177. 43307.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Powers and Duties of the Board [43300 - 43310.1] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    The board must consult the appropriate local health agency on actions involving health standards.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Powers and Duties of the Board [43300 - 43310.1] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 43307. The board shall consult with the appropriate local health agency concerning all actions which involve health standards. The consultation shall include granting the health agency adequate notice and opportunity to conduct and report any evaluation that it reasonably deems appropriate. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  178. 43308.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Powers and Duties of the Board [43300 - 43310.1] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    For certain hazardous-waste and low-level radioactive-waste facilities, the board has no enforcement or regulatory authority, and other state agencies must handle enforcement instead.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Powers and Duties of the Board [43300 - 43310.1] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 43308. For those facilities that accept only hazardous wastes and to which Chapter 6.5 (commencing with Section 25100) of Division 20 of the Health and Safety Code applies, or that accept only low-level radioactive wastes and to which Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the Health and Safety Code applies, or for those facilities that accept both, the board shall have no enforcement or regulatory authority. Except as otherwise provided in Section 40052, all enforcement activities for those facilities relative to the control of hazardous wastes shall be performed by the Department of Toxic Substances Control pursuant to Article 8 (commencing with Section 25180) of Chapter 6.5 of Division 20 of the Health and Safety Code, and all enforcement activities for those facilities relative to low-level radioactive wastes shall be performed by the State Department of Health Services pursuant to Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the Health and Safety Code. (Amended by Stats. 2000, Ch. 343, Sec. 24. Effective January 1, 2001.)
  179. 43309.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Powers and Duties of the Board [43300 - 43310.1] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    The board may adopt regulations about certain operations and those regulations must prohibit storing more than 90 cubic yards of waste in covered containers during any 72-hour period and the transfer of uncontainerized refuse between specified motor vehicles for transport to ultimate disposal.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Powers and Duties of the Board [43300 - 43310.1] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 43309. The board may adopt regulations specifying the operations subject to the exception in paragraph (3) of subdivision (b) of Section 40200. The regulations shall prohibit the storing of more than 90 cubic yards of waste in covered containers during any 72-hour period and the transfer of uncontainerized refuse from smaller refuse hauling motor vehicles to larger refuse transfer motor vehicles for transport to the point of ultimate disposal. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  180. 4331.

    ## 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 4. Restricted Areas [4331 - 4333] ( Chapter 4 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    A person may not smoke or build a campfire on national forest land unless the activity is in a designated place or time, or the person has the required written permit and firefighting tools.

    ## 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 4. Restricted Areas [4331 - 4333] ( Chapter 4 added by Stats. 1965, Ch. 1144. ) ## 4331. Except at the places or during the period of time designated by regulations adopted pursuant to the authority of the Secretary of Agriculture of the United States, a person shall not smoke or build a campfire upon national forest land unless the person has a written permit to do so issued by an authorized agent of the Secretary of Agriculture and possesses the firefighting tools that are required by the permit. (Amended by Stats. 2021, Ch. 133, Sec. 71. (SB 272) Effective July 23, 2021.)
  181. 43310.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Powers and Duties of the Board [43300 - 43310.1] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    If the board becomes the enforcement agency, it may charge reasonable fees to the local governing body to recover operation costs.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Powers and Duties of the Board [43300 - 43310.1] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 43310. If the board becomes the enforcement agency, it may charge reasonable fees to the local governing body to recover operation costs. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  182. 43310.1.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Powers and Duties of the Board [43300 - 43310.1] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    If the board becomes the enforcement agency, the board and the local governing body must make an agreement, and the board may have to make the required determinations or impose fees directly in certain counties.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Powers and Duties of the Board [43300 - 43310.1] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 43310.1. (a) If the board becomes the enforcement agency, on or after January 1, 1995, the local governing body and the board shall enter into an agreement which shall identify the jurisdictional boundaries of the enforcement agency; address the powers and duties to be performed by the board as the enforcement agency, and identify an estimated workload and anticipated costs to the board. The agreement shall also identify the cost recovery procedures to be followed by the board pursuant to Section 43310. (b) If, after a good faith effort by the board and the local governing body, no agreement is reached between the local governing body and the board within the 90-day period specified in Section 43216, or within 90 days after a local governing body notifies the board of its intent not to designate an enforcement agency pursuant to Section 43203, the board shall make the determinations specified in subdivision (a) that would have been the subject of the agreement. (c) If the board becomes the enforcement agency for Stanislaus County or Santa Cruz County, the board shall impose fees authorized pursuant to this section directly on the solid waste facilities in those counties, and shall not require the local governing body to impose or collect those fees. (Added by Stats. 1995, Ch. 952, Sec. 13. Effective October 16, 1995.)
  183. 4332.

    ## 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 4. Restricted Areas [4331 - 4333] ( Chapter 4 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    The director may, with the Governor’s consent, close areas in state parks or state forests to camping, hunting, trapping, or firearms use when needed for public peace or safety.

    ## 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 4. Restricted Areas [4331 - 4333] ( Chapter 4 added by Stats. 1965, Ch. 1144. ) ## 4332. Whenever it is necessary in the interests of public peace or safety, the director, with the consent of the Governor, may order closed to camping, hunting, trapping, or the use of firearms, any area in any state park or state forest. The director shall post and enforce such closure order in such area. (Added by Stats. 1965, Ch. 1144.)
  184. 4333.

    ## 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 4. Restricted Areas [4331 - 4333] ( Chapter 4 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    An order issued under Section 4332 must be published twice in a general-circulation newspaper, with the two publications spaced one to two weeks apart, and it must also be posted in public places and along roads and trails as directed by the director.

    ## 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 4. Restricted Areas [4331 - 4333] ( Chapter 4 added by Stats. 1965, Ch. 1144. ) ## 4333. Any order which is issued pursuant to Section 4332 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 such areas declared to be closed to camping or entry. (Added by Stats. 1965, Ch. 1144.)
  185. 43500.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 3. Closure Plans [43500 - 43510] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    The Legislature finds that protecting air, water, and land from pollution caused by solid waste disposal is best achieved by requiring financial assurances for landfill closure and postclosure maintenance.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 3. Closure Plans [43500 - 43510] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 43500. The Legislature hereby finds and declares that the long-term protection of air, water, and land from pollution due to the disposal of solid waste is best achieved by requiring financial assurances of the closure and postclosure maintenance of solid waste landfills. (Amended by Stats. 2006, Ch. 538, Sec. 603. Effective January 1, 2007.)
  186. 43501.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 3. Closure Plans [43500 - 43510] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    Operators of a solid waste landfill must certify required closure-financing steps and submit closure and postclosure maintenance plans; counties and cities get limited cost-estimate flexibilities, and the board must adopt related regulations.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 3. Closure Plans [43500 - 43510] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 43501. (a) A person owning or operating a solid waste landfill, as defined in Section 40195.1, shall do both of the following: (1) Upon application to become an operator of a solid waste facility pursuant to Section 44001, certify to the board and the local enforcement agency that all of the following have been accomplished: (A) The owner or operator has prepared an initial estimate of closure and postclosure maintenance costs. (i) The board shall adopt regulations that provide for an increase in the initial closure and postclosure maintenance cost estimates to account for cost overruns due to unforeseeable circumstances, and to provide a reasonable contingency comparable to that which is built into cost estimates for other, similar public works projects. (ii) The board shall adopt regulations on or before January 1, 2008, that require closure and postclosure maintenance cost estimates to be based on reasonably foreseeable costs the state may incur if the state would have to assume responsibility for the closure and postclosure maintenance due to the failure of the owner or operator. Cost estimates shall include, but not be limited to, estimates in compliance with Sections 1770, 1773, and 1773.1 of the Labor Code, and the replacement and repair costs for longer lived items, including, but not limited to, repair of the environmental control systems. (B) The owner or operator has established a trust fund or equivalent financial arrangement acceptable to the board, as specified in Article 4 (commencing with Section 43600). (C) The amounts that the owner or operator will deposit annually in the trust fund or equivalent financial arrangement acceptable to the board will ensure adequate resources for closure and postclosure maintenance. (2) Submit to the regional water board, the local enforcement agency, and the board a plan for the closure of the solid waste landfill and a plan for the postclosure maintenance of the solid waste landfill. (b) Notwithstanding subparagraph (C) of paragraph (1) of subdivision (a) or any other provision of law, if the owner or operator is a county with a population of 200,000 or less, as determined by the 1990 decennial census, the county shall not be required to make annual deposits in excess of the amount required by the federal act or any other applicable federal law, or by any board-approved formula that meets the requirements of the federal act. (c) If not in conflict with federal law or regulations, a county or city may, with regard to a solid waste landfill owned or operated by the county or city, base its estimate of closure and postclosure maintenance costs on the costs of employing county or city employees or persons under contract with the county or city in performing closure and postclosure maintenance. However, even if, to meet federal requirements, the cost estimate is based on the most expensive costs of closure and postclosure maintenance performed by a third party, the county or city may, to effect cost savings, employ county or city employees or employ persons under contract to actually perform closure operations or postclosure maintenance operations. (Amended by Stats. 2006, Ch. 504, Sec. 2. Effective January 1, 2007.)
  187. 43501.5.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 3. Closure Plans [43500 - 43510] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    A person filing a final closure plan must also file a Labor Transition Plan, and the operator must certify that the plan’s employee-transition provisions will be implemented.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 3. Closure Plans [43500 - 43510] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 43501.5. (a) In addition to the requirements of this article, and Section 21780 of Title 27 of the California Code of Regulations, a person who is required to file a final closure plan shall also file with the enforcement agency a Labor Transition Plan that includes all of the following: (1) Provisions that ensure, subject to any requirements already established pursuant to a collective bargaining agreement, preferential reemployment and transfer rights of displaced employees to comparable available employment with the same employer for a period of no less than one year following the closure of the solid waste facility. (2) Provisions to provide displaced employees assistance in finding comparable employment with other employers. (3) Provisions to ensure compliance with all applicable provisions of Chapter 4 (commencing with Section 1400) of Part of 4 of Division 2 of the Labor Code. (b) When submitting the final closure plan, the operator shall submit, in addition to the requirements of subdivision (a), a certification to the board and the enforcement agency that the provisions described in paragraphs (1) to (3), inclusive, of subdivision (a), will be implemented, subject to any requirements already established under a collective bargaining agreement. (c) For the purposes of this section, “comparable employment” means the same or a substantially similar job classification at equal or greater wage and benefit levels in the same geographic region of the state. (Added by Stats. 2003, Ch. 823, Sec. 1. Effective January 1, 2004.)
  188. 43502.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 3. Closure Plans [43500 - 43510] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    The owner or operator must keep all documentation about closure and postclosure maintenance costs and make it available for inspection by the board or enforcement agency at reasonable times.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 3. Closure Plans [43500 - 43510] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 43502. All documentation relating to the preparation of the closure and postclosure maintenance costs shall be retained by the owner or operator and shall be available for inspection by the board or the enforcement agency at reasonable times. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  189. 43503.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 3. Closure Plans [43500 - 43510] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    Owner or operator must submit closure and postclosure maintenance plans by the applicable deadline, with an earlier deadline in certain landfill-closing or capacity-shortage cases.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 3. Closure Plans [43500 - 43510] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 43503. The closure plan and the postclosure maintenance plan shall be submitted not later than the first date after July 1, 1990, that the solid waste facilities permit is required to be reviewed or revised pursuant to Section 44015. The closure plans and postclosure maintenance plans shall be included in that review. If the owner or operator intends to close the solid waste landfill on or before September 28, 1992, or if the solid waste landfill does not have sufficient permitted capacity to operate after September 28, 1992, the owner or operator shall submit the plans on or before July 1, 1990, or upon application to become an operator of a solid waste facility pursuant to Section 44001. (Amended by Stats. 1992, Ch. 1293, Sec. 18. Effective January 1, 1993.)
  190. 43504.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 3. Closure Plans [43500 - 43510] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    The enforcement agency or the board may suspend or revoke a permit if the applicant does not submit acceptable landfill closure and postclosure maintenance plans within a reasonable time.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 3. Closure Plans [43500 - 43510] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 43504. Pursuant to the procedural requirements in Chapter 3 (commencing with Section 44001), the enforcement agency or the board may suspend or revoke a permit if the applicant fails within a reasonable period of time to submit an acceptable plan for the closure of the landfill and an acceptable plan for postclosure maintenance of the landfill. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  191. 43505.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 3. Closure Plans [43500 - 43510] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    The closure plan and postclosure maintenance plan can be revised only if the owner or operator files a written application and the board approves it.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 3. Closure Plans [43500 - 43510] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 43505. The closure plan and the postclosure maintenance plan may be revised only upon the filing of a written application therefor by the owner or operator, and the approval, or amendment and approval, by the board. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  192. 43506.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 3. Closure Plans [43500 - 43510] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    The regional water board must approve or disapprove complete closure and postclosure maintenance plans, and the board may approve them only if they include an acceptable funding mechanism.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 3. Closure Plans [43500 - 43510] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 43506. (a) After receiving a complete closure plan and postclosure maintenance plan, the regional water board shall approve or disapprove the plans pursuant to the authority and time schedules specified in Division 7 (commencing with Section 13000) of the Water Code. The board shall incorporate the action of the regional water board and shall only approve plans that include an acceptable mechanism for providing the necessary funds to implement the plans. (b) In reviewing closure plans and postclosure maintenance plans pursuant to this section, the regional water boards shall review and take action on those portions of the plans which are related to the protection of the waters of the state and the board shall review and take action on the remaining portions of the plans. (Amended by Stats. 1993, Ch. 656, Sec. 22. Effective October 1, 1993.)
  193. 43507.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 3. Closure Plans [43500 - 43510] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    The owner and operator must close and maintain the landfill during postclosure according to the latest board-approved closure and postclosure maintenance plans.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 3. Closure Plans [43500 - 43510] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 43507. The owner and operator shall, regardless of any changes occurring during the continued operation of the landfill, close and maintain the landfill during postclosure in accordance with the most recent closure plan and the most recent postclosure maintenance plan approved by the board pursuant to this article. Upon receipt of the final shipment of solid waste, the most recent closure and postclosure maintenance plan shall become the governing document for the disposal site. (Amended by Stats. 1995, Ch. 952, Sec. 14. Effective October 16, 1995.)
  194. 43508.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 3. Closure Plans [43500 - 43510] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    The board or enforcement agency may recover costs for meeting this article’s requirements by charging a fee under Chapter 8.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 3. Closure Plans [43500 - 43510] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 43508. The board or the enforcement agency may recover any costs incurred in meeting the requirements of this article by charging a fee pursuant to Chapter 8 (commencing with Section 41900) of Part 2. (Amended by Stats. 1992, Ch. 1293, Sec. 19. Effective January 1, 1993.)
  195. 43509.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 3. Closure Plans [43500 - 43510] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    The board must adopt and amend closure-plan regulations, and landfill owners or operators must keep closure and postclosure cost estimates updated.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 3. Closure Plans [43500 - 43510] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 43509. (a) The board, in consultation with the state water board and in compliance with Section 40055, shall adopt and amend regulations specifying closure plan and postclosure maintenance plan adoption procedures and uniform standards to implement Section 43601. Regulations adopted pursuant to this section shall not include standards and requirements contained in regulations adopted by the State Water Resources Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code. The regulations shall also require solid waste landfill owners or operators to calculate, and periodically revise, cost estimates for closure and for postclosure maintenance, for as long as the solid waste could have an adverse effect on the quality of the waters of the state, but not less than 30 years after closure unless all wastes are removed in accordance with federal and state law. (b) The board may adopt regulations that authorize the adoption of both preliminary and final closure and postclosure maintenance plans. Regulations for preliminary closure and postclosure maintenance plans may require less specificity and engineering detail than final closure and postclosure maintenance plans, and these regulations shall apply only in those cases in which there is reasonable certainty that the solid waste landfill will not close for at least one year following approval of the plans. Preliminary closure and postclosure maintenance plans shall provide sufficient detail to enable the owner or operator and the board to accurately estimate the costs for closure and postclosure maintenance. (c) If a solid waste landfill owner or operator has submitted a closure plan and postclosure maintenance plan which satisfies the requirements of this chapter, and which has been approved by the local enforcement agency, the board, and the appropriate regional water board, the plans shall be deemed to have satisfactorily complied with all state requirements for the adoption of a closure plan and postclosure maintenance plan. (Amended by Stats. 1993, Ch. 656, Sec. 23. Effective October 1, 1993.)
  196. 43510.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 3. Closure Plans [43500 - 43510] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    The board’s regulations under this article must not duplicate or conflict with state water board closure and postclosure maintenance rules, and the board and state water board must revise their regulations by June 30, 1995 to consolidate those requirements into one set.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 3. Closure Plans [43500 - 43510] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 43510. (a)The regulations adopted by the board pursuant to this article and Article 4 (commencing with Section 43600) shall not duplicate or conflict with the regulations imposing closure and postclosure maintenance requirements adopted by the state water board which are found in Chapter 15 (commencing with Section 2510) of Chapter 3 of Title 23 of the California Code of Regulations. (b) On or before June 30, 1995, the board and the state water board shall revise the regulations adopted pursuant to this article and Article 4 (commencing with Section 43600) of this chapter and Section 13172 of the Water Code for the purpose of consolidating the requirements of the board and the state water board for closure and postclosure maintenance into one set of regulations. (Amended by Stats. 1993, Ch. 656, Sec. 24. Effective October 1, 1993.)
  197. 43600.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 4. Financial Ability [43600 - 43610.1] ( Article 4 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    Operators or owners of solid waste landfills must submit evidence of financial ability to the board with their closure and postclosure maintenance plans.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 4. Financial Ability [43600 - 43610.1] ( Article 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 43600. (a) Except as otherwise provided in subdivision (b), any person owning or operating a solid waste landfill, as defined in Section 40195.1, shall, with the closure plan and postclosure maintenance plan submitted pursuant to subdivision (b) of Section 43501, submit to the board evidence of financial ability to provide for the cost of closure and postclosure maintenance, in an amount that is equal to the estimated cost of closure and 15 years of postclosure maintenance, contained in the closure plan and the postclosure maintenance plan submitted. (b) On and after the effective date of the federal regulations set forth in Subpart G (commencing with Section 258.70) of Part 258 of Title 40 of the Code of Federal Regulations, any person owning or operating a solid waste landfill, shall, with the closure plan and postclosure maintenance plan submitted pursuant to subdivision (b) of Section 43501, submit to the board evidence of financial ability to provide for closure and postclosure maintenance, in an amount that is equal to the estimated cost of closure and 30 years of postclosure maintenance, contained in the closure plan and the postclosure maintenance plan submitted. (Amended by Stats. 1996, Ch. 1041, Sec. 14. Effective January 1, 1997.)
  198. 43601.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 4. Financial Ability [43600 - 43610.1] ( Article 4 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    This section requires landfill owners or operators to show financial ability for closure and postclosure costs using approved mechanisms, and lets the department review and condition insurance-based assurance.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 4. Financial Ability [43600 - 43610.1] ( Article 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 43601. (a) The evidence of financial ability shall be sufficient to meet the closure and postclosure maintenance costs when needed. (b) The owner or operator of a solid waste landfill shall provide evidence of financial ability through the use of any of the mechanisms set forth in Part 258 (commencing with Section 258.1) of Title 40 of the Code of Federal Regulations or through the use of any other mechanisms approved by the department. However, the department may adopt regulations that reasonably condition the use of one or more of those mechanisms to ensure adequate protection of public health and safety and the environment, but shall not exclude the use of any mechanism permitted under federal law. In addition, the evidence of financial ability submitted pursuant to Section 43600 shall provide that funds shall be available to the regional water boards upon the issuance of any order under Chapter 5 (commencing with Section 13300) of Division 7 of the Water Code to implement closure and postclosure activities. (c) The state water board or the appropriate regional water board shall have access to the financial assurance funds for closure and postclosure activities, and to financial assurance funds for corrective action, as necessary, to address water quality problems, if the owner or operator of the solid waste landfill has failed to implement the required closure and postclosure activities or corrective action activities. (d) The owner or operator may request disbursement for expenditures to conduct closure, postclosure maintenance, or corrective actions from the financial assurance mechanism established for that activity. Requests for disbursement shall be granted by the department only if sufficient funds are remaining in the financial assurance mechanism to cover the remaining approved total costs of closure, postclosure maintenance, or corrective actions, as appropriate. (e) If the evidence of financial ability for closure, postclosure, or corrective action is demonstrated by use of insurance, the department may approve the insurance mechanism if it is in compliance with either paragraph (1) or (2) as follows: (1) The issuer of the insurance policy is either: (A) Licensed by the Department of Insurance to transact the business of insurance in the State of California as an admitted carrier. (B) Eligible to provide insurance as an excess and surplus lines insurer in California through a surplus lines broker currently licensed under the regulations of the Department of Insurance and upon the terms and conditions prescribed by the Department of Insurance. (2) If the insurance carrier is established by a solid waste facility operator to meet the financial assurance obligations of that operator, insurance may be approved by the department that meets all of the following requirements: (A) The insurance mechanism is in full compliance with the requirements for insurance that are specified in subdivision (d) of Section 258.74 of Title 40 of the Code of Federal Regulations. (B) The insurance carrier is an insurer domiciled in the United States and licensed in its state of domicile to write that insurance. (C) The insurance carrier only provides financial assurance to the operator that has established the insurance carrier as a form of self-insurance and does not engage in the business of marketing, brokering, or providing insurance coverage to other parties. (D) The insurance carrier shall maintain a rating of A- or better by A.M. Best, or other equivalent rating by any other agency acceptable to the department. (E) If requested by the department, an independent financial audit report evaluating the assets and liabilities of the insurance carrier and confirming compliance with the statutory and regulatory requirements of the state of domicile and an independent actuarial opinion on the independence and financial soundness of the insurance carrier by an actuary in good standing with the Casualty Actuarial Society or the American Academy of Actuaries regarding the adequacy of the loss reserves maintained by the insurance carrier shall be submitted to the department upon application and annually thereafter. (f) A solid waste facility operator using or proposing to use an insurance company to demonstrate financial assurance may be required by the department to pay a fee for the actual and necessary cost of reviewing information submitted by the operator pursuant to paragraph (2) of subdivision (e) up to an amount not to exceed ten thousand dollars ($10,000), unless a higher amount is mutually agreed to by the operator and the department. (g) The funds collected pursuant to subdivision (f) shall be deposited in the Integrated Waste Management Account and shall be available, upon appropriation by the Legislature, for expenditure by the department to fund the review specified in subdivision (f). (h) This section shall become operative on January 1, 2018. (Repealed (in Sec. 3) and added by Stats. 2012, Ch. 713, Sec. 4. (AB 480) Effective January 1, 2013. Section operative January 1, 2018, by its own provisions.)
  199. 43601.2.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 4. Financial Ability [43600 - 43610.1] ( Article 4 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    The department must submit a report to the Legislature and publish a study-cost estimate by the stated deadlines. A landfill owner or operator may not rely on certain insurance as proof of financial ability unless the department has received private funds equal to its estimated study costs.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 4. Financial Ability [43600 - 43610.1] ( Article 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 43601.2. (a) On or before January 1, 2017, the Department of Resources Recycling and Recovery shall submit to the Legislature a report on the use of the mechanisms pursuant to paragraph (2) of subdivision (e) of Section 43601 for demonstrating financial ability to provide for the cost of closure and postclosure maintenance. The report shall, at a minimum, address all of the following: (1) A summary of any ratings reports, audit finding, or other information regarding an owner or operator using financial mechanisms pursuant to paragraph (2) of subdivision (e) of Section 43601 to provide financial assurance. (2) Whether financial mechanisms pursuant to paragraph (2) of subdivision (e) of Section 43601 provide adequate financial assurance to provide for the costs of solid waste landfill closure and postclosure maintenance. (3) The level of assurance provided by financial mechanisms pursuant to paragraph (2) of subdivision (e) of Section 43601 relative to other mechanisms permitted pursuant to Section 43601. (4) Any financial liability the state may assume if the mechanisms permitted pursuant to Section 43601 fail. (5) Any recommendations for ensuring solid waste landfill closure and postclosure maintenance costs are properly assured to protect the state from long-term postclosure and corrective action costs in the event that a landfill owner or operator fails to meet its legal obligations. (b) (1) The department may consult with the Department of Insurance for the purposes of completing the report required by subdivision (a). (2) By March 1, 2013, the department shall make public an estimate of the costs of the study necessary to complete the report required by subdivision (a). The costs of the study are not subject to the limitations set forth in subdivision (g) of Section 43601. (3) This subdivision does not preclude the department from recovering costs in excess of this estimate from an owner or operator of a solid waste landfill that is utilizing insurance under paragraph (2) of subdivision (e) of Section 43601. (4) An owner or operator of a solid waste landfill shall not use insurance under paragraph (2) of subdivision (e) of Section 43601 as evidence of sufficient financial ability as required by subdivision (a) of Section 43601, unless the department has received private funds equal to the department’s estimated costs. (c) If the department enters into a contract with an entity to conduct the study necessary to complete the report required by subdivision (a), no person or entity that has provided funds for the study shall have input as to the terms of the contract or the awarded contractor. In awarding the contract, the department shall consider and disclose any past or current relationship that the contractor has had with an owner or operator of a solid waste landfill that may use the insurance mechanism allowed under paragraph (2) of subdivision (e) of Section 43601. (Added by Stats. 2012, Ch. 713, Sec. 5. (AB 480) Effective January 1, 2013.)
  200. 43601.5.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 4. Financial Ability [43600 - 43610.1] ( Article 4 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    The board must review and revise certain landfill closure and postclosure financial assurance regulations by March 1, 1994.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 4. Financial Ability [43600 - 43610.1] ( Article 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 43601.5. (a) On or before March 1, 1994, the board shall review and revise regulations affecting solid waste landfill closure and postclosure financial assurances adopted in accordance with this article to make the regulations consistent with the requirements established pursuant to Subpart G (commencing with Section 258.1) of Part 258 of Subchapter I of Chapter 1 of Title 40 of the Code of Federal Regulations, as amended on October 9, 1991. (b) In reviewing and revising regulations pursuant to subdivision (a), the board shall, consistent with this division, and with federal law and regulations, endeavor to minimize the costs of compliance with those regulations by the owners and operators of public solid waste landfills and to provide flexible mechanisms for those owners and operators to comply with closure and postclosure financial assurance requirements, in order to ensure that adequate funding will be available for programs and projects that are necessary to comply with the diversion requirements of Section 41780. (Added by Stats. 1993, Ch. 360, Sec. 1. Effective January 1, 1994.)

Provision text is displayed from LexChat’s stored statute record. Use the official source links to verify amendments, commencement, and current legal force.

LexChat organizes source-backed legal information for research. Verify amendments, commencement, and current legal force with the official publisher before relying on it.