reglab/statecodes huggingface dataset:
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 7 - OTHER PROVISIONS › CHAPTER 4 - California Oil Recycling Enhancement › ARTICLE 7 - Certification › Section 48660.5.

48660.5. (a) If the board finds that a shipment of used oil from a certified used oil collection center, curbside collection program, or uncertified publicly funded used oil collection center in a small rural county is contaminated by hazardous materials in excess of that which generally occurs in normal use, which renders the used oil infeasible for recycling, and requires that the used oil be destroyed at a substantially higher cost than the cost generally to recycle used oil, the board shall, upon application by the used oil collection center or curbside collection program, reimburse the center or program for the additional disposal cost, subject to the eligibility requirements of subdivision (b), except as provided in subdivision (c).
(b) A certified used oil collection center, curbside collection program, or uncertified publicly funded used oil collection center in a small rural county is eligible for reimbursement only if it demonstrates to the satisfaction of the board all of the following, except that paragraph (1) does not apply to an uncertified publicly funded used oil collection center in a small rural county:
(1) The center or program has established procedures to ensure that the used oil it generates and accepts from the public will not be mixed with other hazardous wastes, especially halogen-contaminated and polychlorinated biphenyl-contaminated wastes. These procedures shall include, but not be limited to, instructing the public and employees that used oil shall not be mixed with other hazardous waste. The board shall not require a center or program to test used oil received from the public as part of these procedures.
(2) The shipment contains not more than five gallons or pounds of contaminants combined, based on the contaminant concentrations and the total volume or weight of the shipment.
(c) In a calendar year, a certified used oil collection center, curbside collection program, or uncertified publicly funded used oil collection center in a small rural county shall be reimbursed for not more than one shipment and for not more than five thousand dollars ($5,000) in disposal costs for halogen-contaminated waste or not more than the actual net additional costs of disposing of polychlorinated biphenyl-contaminated wastes, subject to the availability of funds pursuant to paragraph (4) of subdivision (a) of Section 48653.
(Amended by Stats. 2010, Ch. 504, Sec. 10. (SB 579) Effective January 1, 2011.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 7 - OTHER PROVISIONS › CHAPTER 4 - California Oil Recycling Enhancement › ARTICLE 7 - Certification › Section 48661.

48661. (a) On and after July 1, 1992, the department shall annually inspect used oil recycling facilities.
(b) Within 135 days following inspection, the department shall submit a report to the board, describing all of the following:
(1) Any violations of Chapter 6.5 (commencing with Section 25100) of Division 20 of the Health and Safety Code.
(2) Any corrective actions ordered or agreed to by the department.
(3) Progress by the facility in correcting violations identified in previous inspections.
(c) In the report required by subdivision (b), the department shall specifically state whether any of the following occurred:
(1) The department has identified violations of subdivision (c) of Section 25250.1 of the Health and Safety Code regarding achievement of minimum standards of purity for recycled oil.
(2) The department has identified violations of regulations requiring financial responsibility assurance for liability, closure, and postclosure obligations.
(3) Where prior contamination has been identified, the facility has an approved corrective action plan and has not been found to be in violation of its requirements.
(4) The department has identified violations that meet the criteria for class 1 violations, as defined in Section 66260.10 of Title 22 of the California Code of Regulations.
(Amended by Stats. 1994, Ch. 1147, Sec. 12. Effective January 1, 1995.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 7 - OTHER PROVISIONS › CHAPTER 4 - California Oil Recycling Enhancement › ARTICLE 8 - Reporting › Section 48670.

48670. (a) To be eligible for payment of a recycling incentive, an industrial generator of used lubricating oil, a used oil collection center, or a curbside collection program shall report to the board, for each quarter, based on the following reporting limitations and requirements:
(1) The amount of lubricating oil purchased and the amount of used lubricating oil that is transported to a certified used oil recycling facility, to a used oil storage facility, or to a used oil transfer facility, or that is transported to an out-of-state recycling facility registered pursuant to subdivision (b) of Section 48662 or certified pursuant to paragraph (2) of subdivision (c) of Section 48662.
(2) The amount of used lubricating oil collected from the public, for use in determining the recycling incentive payment, that is transported to a certified used oil recycling facility, to a used oil storage facility, or to a used oil transfer facility, or that is transported to an out-of-state recycling facility registered pursuant to subdivision (b) of Section 48662 or certified pursuant to paragraph (2) of subdivision (c) of Section 48662.
(b) The reports shall be submitted on or before the 45th day following each quarter, in the form and manner that the board may prescribe, and shall include copies of manifests or modified manifest receipts from used oil haulers.
(c) The board may delegate to its executive officer the authority to accept reports submitted after the 45th day and to reduce, eliminate, or approve the amount of incentive fee to be paid due to the late submission of the report. The board may provide, by regulation, for a longer reporting period for industrial generators that generate less than 1,000 gallons of used oil annually.
(Amended by Stats. 2010, Ch. 504, Sec. 12. (SB 579) Effective January 1, 2011.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 7 - OTHER PROVISIONS › CHAPTER 4 - California Oil Recycling Enhancement › ARTICLE 8 - Reporting › Section 48671.

48671. Every oil manufacturer who sells, or offers to sell, lubricating or industrial oil in this state shall report to the board for each month the amount of lubricating or industrial oil sold. The reports shall be submitted by the day when payment required by Section 48650 is or would be due, in the form and manner which the board may prescribe. However, an oil manufacturer is not required to report to the board when the total volume of oil to be reported is five gallons or less.
(Amended by Stats. 1992, Ch. 1101, Sec. 15. Effective September 29, 1992.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 7 - OTHER PROVISIONS › CHAPTER 4 - California Oil Recycling Enhancement › ARTICLE 8 - Reporting › Section 48671.5.

48671.5. The manufacturer of every container that contains lubricating oils or industrial oils, and which is intended for sale to consumers in California, shall do either of the following:
(a) Label the containers in at least seven-point typeface as follows:
“Used oil is generally classified as a hazardous waste in California. Do not dispose of used oil in garbage, sewers, or the ground. To find out how to properly recycle used oil in your area, call (800) ____.”
The toll-free telephone number on the label shall be the number maintained by the board pursuant to Section 48644.
(b) Provide signs or other written material to retailers appropriate for informing consumers of the information that would otherwise be contained in the label set forth in paragraph (a).
(Added by Stats. 1994, Ch. 1147, Sec. 14. Effective January 1, 1995.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 7 - OTHER PROVISIONS › CHAPTER 4 - California Oil Recycling Enhancement › ARTICLE 8 - Reporting › Section 48672.

48672. Beginning May 1, 1992, every used oil hauler shall report to the board for each quarter the amount of used oil transported, the location to which it is transported, and the source of the used oil. The hauler shall provide estimates, where feasible, of the amount which is used lubricating oil and the amount which is used industrial oil. The reports shall be submitted on or before the last day of the month following each quarter, in the form and manner which the board may prescribe.
(Amended by Stats. 1992, Ch. 1101, Sec. 16. Effective September 29, 1992.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 7 - OTHER PROVISIONS › CHAPTER 4 - California Oil Recycling Enhancement › ARTICLE 8 - Reporting › Section 48673.

48673. (a) A used oil recycling facility issued a permit by the department to produce recycled oil, as defined in Section 25250.1 of the Health and Safety Code, and an out-of-state recycling facility that is either registered with the board pursuant to subdivision (b) of Section 48662 or certified by the board pursuant to paragraph (2) of subdivision (c) of Section 48662, shall report to the board for each quarter the amount of California used oil received and its disposition, including the volume of any resultant product.
(b) A facility subject to this section shall provide estimates, where feasible, of the amount that is used lubricating oil and the amount that is used industrial oil.
(c) The reports required by this section shall be submitted on or before the last day of the month following each quarter, in the form and manner that the board may prescribe.
(Amended by Stats. 2010, Ch. 504, Sec. 13. (SB 579) Effective January 1, 2011.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 7 - OTHER PROVISIONS › CHAPTER 4 - California Oil Recycling Enhancement › ARTICLE 8 - Reporting › Section 48674.

48674. After receiving payments pursuant to paragraph (3) of subdivision (a) of Section 48653, each local government shall submit an annual report to the board, in the manner specified by the board, that includes any revision to the local used oil collection program adopted pursuant to Section 48690, a description of all measures taken to implement the program, and a description of how payments were expended.
(Amended by Stats. 2010, Ch. 504, Sec. 14. (SB 579) Effective January 1, 2011.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 7 - OTHER PROVISIONS › CHAPTER 4 - California Oil Recycling Enhancement › ARTICLE 8 - Reporting › Section 48675.

48675. The board shall establish procedures to protect any proprietary information concerning sales, purchases, and operations obtained while collecting information for carrying out this chapter.
(Added by Stats. 1991, Ch. 817, Sec. 5.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 7 - OTHER PROVISIONS › CHAPTER 4 - California Oil Recycling Enhancement › ARTICLE 8 - Reporting › Section 48676.

48676. The board shall make available on its Internet Web site an annual report that includes the accumulated industrial and lubricating oil sales and used oil recycling rates.
(Amended by Stats. 2010, Ch. 504, Sec. 15. (SB 579) Effective January 1, 2011.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 7 - OTHER PROVISIONS › CHAPTER 4 - California Oil Recycling Enhancement › ARTICLE 9 - Enforcement › Section 48680.

48680. (a) Except as provided in subdivision (b), in addition to any other civil or criminal penalties, any person convicted of a violation of this chapter is guilty of an infraction, which is punishable by a fine of not more than one hundred dollars ($100) per day for each day the violation occurs.
(b) (1) Every person who, with intent to defraud, does not accurately report the amount of oil sold, collected, or transferred pursuant to Article 8 (commencing with Section 48670), who, with intent to defraud, does not make payments as required by Section 48650, or who knowingly receives or pays a recycling incentive for oil upon which a payment has not been made pursuant to Section 48650 is guilty of fraud. If the money obtained or withheld is four hundred dollars ($400) or less, the fraud is punishable by imprisonment in the county jail for not more than six months, by a fine of not more than one thousand dollars ($1,000), or by both that fine and imprisonment. If the money obtained or withheld is more than four hundred dollars ($400), the fraud is punishable by imprisonment in the county jail for not more than one year or imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, by a fine not exceeding ten thousand dollars ($10,000), or twice the late or unmade payments plus interest, whichever is greater, or by both that fine and imprisonment.
(2) Any person who claims an exemption pursuant to this chapter which the person knows to be false, and makes that claim for the purpose of willfully evading the payment of any fee imposed pursuant to this chapter, is guilty of a misdemeanor punishable by imprisonment in the county jail for not more than one year. The person shall also be subject to payment of a fine not to exceed five thousand dollars ($5,000). The fine shall be distributed as follows:
(A) Fifty percent to the local jurisdiction which undertook the prosecution.
(B) Fifty percent to the General Fund.
(c) Any person who violates this chapter may be assessed a civil penalty by the board of not more than one hundred dollars ($100) per day for each day the violation occurs or continues, pursuant to a hearing and notice.
(Amended by Stats. 2011, Ch. 15, Sec. 560. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 7 - OTHER PROVISIONS › CHAPTER 4 - California Oil Recycling Enhancement › ARTICLE 10 - Local Used Oil Collection Program › Section 48690.

48690. A local government is eligible for a payment pursuant to paragraph (3) of subdivision (a) of Section 48653, if it develops and submits a local used oil collection program to the board pursuant to Section 48691 and files a report pursuant to Section 48674. The board shall make a payment to every local government that submits a program and files a report unless the board finds that the program or its implementation does not comply with criteria contained in this article. The board may make a payment to another entity that will implement the program of a local government in lieu of making a payment to that local government with the concurrence of that local government. A payment issued by the board pursuant to this section may take the form of an advance payment. If a local government does not implement a used oil collection program or chooses not to accept the payment pursuant to paragraph (3) of subdivision (a) of Section 48653, the board may allocate that local government’s payment to another local government that commits to implementing a used oil collection program pursuant to Section 48691 and serving the residents of the nonparticipating local government, if any program implemented within the boundaries of the nonparticipating jurisdiction is approved by the nonparticipating jurisdiction.
(Amended by Stats. 2009, Ch. 353, Sec. 24. (SB 546) Effective January 1, 2010.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 7 - OTHER PROVISIONS › CHAPTER 4 - California Oil Recycling Enhancement › ARTICLE 10 - Local Used Oil Collection Program › Section 48691.

48691. (a) A local used oil collection program shall provide for used lubricating oil collection by either of the following or a combination of the two:
(1) Ensuring that at least one certified used oil collection center is available for every 100,000 residents not served by curbside used oil collection, that accepts oil from the public at no charge, during the hours the center is open for business.
(2) Providing used oil curbside collection at least once a month.
(b) A local used oil collection program shall include a public education program that informs the public of locally available used oil recycling opportunities.
(c) A local government may implement its used oil collection program in conjunction with other similar programs in order to improve used oil recycling efficiency.
(d) A local government that has implemented the used oil collection and education elements of subdivisions (a) and (b) may also include, in the local used oil collection program one or both of the following:
(1) Provisions for the mitigation and the collection of oil and oil byproducts, including other solid waste that may be mixed with oil or oil byproducts from stormwater runoff, including devices to capture that stormwater runoff, such as the use of storm drain inlet filter devices. A local government shall not receive a payment pursuant to Section 48690 for the purposes identified pursuant to this paragraph unless the local government certifies that it has a stormwater management program that is approved by the appropriate California regional water quality control board and that the provisions in the local used oil collection program approved for funding under this paragraph are consistent with that approved stormwater management program.
(2) A used oil filter collection and recycling program.
(Amended by Stats. 2010, Ch. 504, Sec. 16. (SB 579) Effective January 1, 2011.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 7 - OTHER PROVISIONS › CHAPTER 5 - Architectural Paint Recovery Program › Section 48700.

48700. The purpose of the architectural paint recovery program established pursuant to this chapter is to require paint manufacturers to develop and implement a program to collect, transport, and process postconsumer paint to reduce the costs and environmental impacts of the disposal of postconsumer paint in this state.
(Added by Stats. 2010, Ch. 420, Sec. 2. (AB 1343) Effective January 1, 2011.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 7 - OTHER PROVISIONS › CHAPTER 5 - Architectural Paint Recovery Program › Section 48701.

48701. For purposes of this chapter, the following terms have the following meanings:
(a) (1) “Aerosol coating product” means a pressurized coating product containing pigments or resins dispensed by means of a propellant and packaged and sold in a disposable aerosol container for handheld application, or for use in specialized equipment for ground traffic or marking applications.
(2) “Aerosol coating product” does not include paint thinner, paint remover, graffiti remover, caulking compounds that contain no appreciable level of opaque fillers or pigments, products subject to Article 1 (commencing with Section 94500) or Article 2 (commencing with Section 94507) of Subchapter 8.5 of Chapter 1 of Division 3 of Title 17 of the California Code of Regulations, or other nonaerosol coating products not regulated under Article 3 (commencing with Section 94520) of Subchapter 8.5 of Chapter 1 of Division 3 of Title 17 of the California Code of Regulations.
(3) Aerosol coating products shall not be regulated under this chapter until the implementation date of a plan or plan amendment concerning aerosol coating products approved by the department pursuant to Section 48704, or January 1, 2027, whichever occurs sooner. The department may authorize an extension of this implementation date if the department determines the extension is necessary to implement the requirements of this chapter.
(b) “Architectural paint” includes both of the following:
(1) Interior and exterior architectural coatings, sold in containers of five gallons or less for commercial or homeowner use, but does not include coatings purchased for industrial or original equipment manufacturer use.
(2) Aerosol coating products.
(c) “Consumer” means a purchaser or owner of architectural paint, including a person, business, corporation, limited partnership, nonprofit organization, or governmental entity.
(d) “Department” means the Department of Resources Recycling and Recovery.
(e) “Distributor” means a person that has a contractual relationship with one or more manufacturers to market and sell architectural paint to retailers.
(f) “Manufacturer” means a manufacturer of architectural paint.
(g) “Postconsumer paint” means architectural paint not used by the purchaser.
(h) “Retailer” means a person that sells architectural paint in the state to a consumer. A sale includes, but is not limited to, transactions conducted through sales outlets, catalogs, or the internet or any other similar electronic means.
(i) “Stewardship organization” means a nonprofit organization created by the manufacturers to implement the architectural paint stewardship program described in Section 48703.
(Amended by Stats. 2023, Ch. 848, Sec. 14. (AB 1526) Effective January 1, 2024.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 7 - OTHER PROVISIONS › CHAPTER 5 - Architectural Paint Recovery Program › Section 48702.

48702. (a) A manufacturer of architectural paint sold in this state shall, individually or through a stewardship organization, submit an architectural paint stewardship plan to the department to develop and implement a recovery program to reduce the generation of postconsumer architectural paint, promote the reuse of postconsumer architectural paint, and manage the end-of-life of postconsumer architectural paint, in an environmentally sound fashion, including collection, transportation, processing, and disposal.
(b) (1) A manufacturer or retailer shall not sell or offer for sale in this state architectural paint to any person in this state unless the manufacturer is in compliance with this chapter.
(2) The sales prohibition in paragraph (1) shall be effective on the 120th day after the notice described in subdivision (c) is posted on the department’s Internet Web site, and shall apply to any manufacturer that is not listed on the department’s Internet Web site, and shall remain in effect until the manufacturer is listed on the department’s Internet Web site or can demonstrate compliance as described in paragraph (2) of subdivision (c).
(c) (1) On July 1, 2012, or upon the date the first plan is approved, whichever date is earlier, the department shall post on its Internet Web site a list of manufacturers for which the department has approved a plan pursuant to subdivision (a) of Section 48704. The department shall update this posting no less than once every six months thereafter. On and after April 1, 2013, the department shall post a notice on its Internet Web site listing manufacturers that are in compliance with this chapter pursuant to subdivision (b) of Section 48705 and shall update this posting no less than once every six months.
(2) A manufacturer that is not listed on the department’s Internet Web site pursuant to this section, but demonstrates to the satisfaction of the department that it is in 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 that the manufacturer is in compliance. The manufacturer who receives that letter shall be deemed to be in compliance with this chapter.
(d) A wholesaler or a retailer that distributes or sells architectural paint shall monitor the department’s Internet Web site to determine if the sale of a manufacturer’s architectural paint is in compliance with this chapter.
(Added by Stats. 2010, Ch. 420, Sec. 2. (AB 1343) Effective January 1, 2011.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 7 - OTHER PROVISIONS › CHAPTER 5 - Architectural Paint Recovery Program › Section 48704.

48704. (a) The department shall review the plan within 90 days of receipt, and make a determination whether or not to approve the plan. The department shall approve the plan if it provides for the establishment of a paint stewardship program that meets the requirements of Section 48703.
(b) (1) The approved plan shall be a public record, except that financial, production, or sales data reported to the department by a manufacturer or the stewardship organization is not a public record under the California Public Records Act, as described in Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code and shall not be open to public inspection.
(2) Notwithstanding paragraph (1), the department may release a summary form of financial, production, or sales data if it does not disclose financial, production, or sales data of a manufacturer or stewardship organization.
(c) On or before July 1, 2012, or three months after a plan is approved pursuant to subdivision (a), whichever date is later, the manufacturer or stewardship organization shall implement the architectural paint stewardship program described in the approved plan.
(d) The department shall enforce this chapter.
(e) (1) The stewardship organization shall pay the department a quarterly administrative fee pursuant to paragraph (2).
(2) The department shall impose fees in an amount that is sufficient to cover the full administrative and enforcement costs of the requirements of this chapter, including any program development costs or regulatory costs incurred by the department prior to the submittal of the stewardship plans. The stewardship organization shall pay the fee on or before the last day of the month following the end of each quarter. Fee revenues collected under this section shall only be used to administer and enforce this chapter.
(f) (1) A civil penalty may be administratively imposed by the department on any person who violates this chapter in an amount of up to one thousand dollars ($1,000) per violation per day.
(2) A person who intentionally, knowingly, or negligently violates this chapter may be assessed a civil penalty by the department of up to ten thousand dollars ($10,000) per violation per day.
(Amended by Stats. 2021, Ch. 615, Sec. 394. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 7 - OTHER PROVISIONS › CHAPTER 5 - Architectural Paint Recovery Program › Section 48704.1.

48704.1. (a) The Architectural Paint Stewardship Account and the Architectural Paint Stewardship Penalty Subaccount are hereby established in the Integrated Waste Management Fund created pursuant to Section 40135.
(b) All fees collected by the department pursuant to this chapter shall be deposited in the Architectural Paint 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 chapter shall be deposited in the Architectural Paint 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. 2011, Ch. 573, Sec. 3. (AB 525) Effective January 1, 2012.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 7 - OTHER PROVISIONS › CHAPTER 5 - Architectural Paint Recovery Program › Section 48705.

48705. (a) On or before May 15 of each year, a manufacturer of architectural paint sold in this state shall, individually or through a representative stewardship organization, submit a report to the department describing its architectural paint recovery efforts. At a minimum, the report shall include all of the following:
(1) The total volume of architectural paint sold, excluding aerosol coating products, in this state during the preceding calendar year.
(2) The total volume of postconsumer architectural paint recovered, excluding aerosol coating products, in this state during the preceding calendar year.
(3) A description of methods used to collect, transport, and process postconsumer architectural paint in this state, excluding aerosol coating products.
(4) Commencing with the 2028 report, the total volume of aerosol coating products sold in this state during the preceding calendar year.
(5) Commencing with the 2028 report, the total volume of aerosol coating products recovered, including amount, in this state during the preceding calendar year.
(6) Commencing with the 2028 report, a description of methods used to collect, transport, and process aerosol coating products in this state.
(7) The total cost of implementing the architectural paint stewardship program.
(8) An evaluation of how the architectural paint stewardship program’s funding mechanism operated.
(9) An independent financial audit funded from the paint stewardship assessment.
(10) Examples of educational materials that were provided to consumers the first year and any changes to those materials in subsequent years.
(b) The department shall review the annual report required pursuant to this section and within 90 days of receipt shall adopt a finding of compliance or noncompliance with this chapter.
(Amended by Stats. 2023, Ch. 848, Sec. 16. (AB 1526) Effective January 1, 2024.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 7 - OTHER PROVISIONS › CHAPTER 5 - Architectural Paint Recovery Program › Section 48706.

48706. (a) Except as provided in subdivision (c), an action solely to increase the recycling of architectural paint by a producer, stewardship organization, or retailer that affects the types or quantities being recycled, or the cost and structure of any return program, is not a violation of the statutes specified in subdivision (b).
(b) The following statutes are not violated by an action specified in subdivision (a):
(1) The Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code).
(2) The Unfair Practices Act (Chapter 4 (commencing with Section 17000) of Part 2 of Division 7 of the Business and Professions Code).
(c) Subdivision (a) shall not apply to any agreement establishing or affecting the price of paint, except for the architectural paint stewardship assessment, or the output or production of paint, or any agreement restricting the geographic area or customers to which paint will be sold.
(Added by Stats. 2010, Ch. 420, Sec. 2. (AB 1343) Effective January 1, 2011.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 7 - OTHER PROVISIONS › CHAPTER 5 - Architectural Paint Recovery Program › Section 48707.

48707. The department, in coordination with the Department of Toxic Substances Control, may adopt regulations to clarify and implement this chapter.
(Added by Stats. 2023, Ch. 848, Sec. 17. (AB 1526) Effective January 1, 2024.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 8 - GARBAGE AND REFUSE DISPOSAL › CHAPTER 1 - Garbage Disposal Districts › ARTICLE 1 - Definitions › Section 49000.

49000. “District,” as used in this chapter, means a district formed pursuant to this chapter or pursuant to any law which it supersedes.
(Added by Stats. 1989, Ch. 1095, Sec. 22.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 8 - GARBAGE AND REFUSE DISPOSAL › CHAPTER 1 - Garbage Disposal Districts › ARTICLE 2 - Formation › Section 49005.

49005. Any portion or portions of a county, whether contiguous or noncontiguous, and whether the portion or portions include incorporated or unincorporated territory, may be formed into a garbage disposal district in the manner and under the proceedings set forth in this chapter, except that less than the whole of any city shall not be included in the district without unanimous consent of the governing body of the city and no parcel of noncontiguous territory which is less than a full subdivision or which contains less than 10 privately owned acres may be included in any district.
(Added by Stats. 1989, Ch. 1095, Sec. 22.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 8 - GARBAGE AND REFUSE DISPOSAL › CHAPTER 1 - Garbage Disposal Districts › ARTICLE 2 - Formation › Section 49006.

49006. (a) The board of supervisors may determine, by resolution, that a portion of the county is in need of facilities for the disposal of garbage and should be formed into a district.
(b) Upon making the determination under subdivision (a), the board of supervisors shall fix a time and a place for a hearing on the matter of the formation of the district, which time shall be not less than three weeks after the adoption of the resolution, and shall direct the clerk of the board to publish a notice once a week for three successive weeks in a newspaper which is circulated in the territory that is proposed to be organized into a district and which the board deems most likely to give notice to the inhabitants of the territory.
(Added by Stats. 1989, Ch. 1095, Sec. 22.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 8 - GARBAGE AND REFUSE DISPOSAL › CHAPTER 1 - Garbage Disposal Districts › ARTICLE 2 - Formation › Section 49007.

49007. The notice shall state the fact that the board of supervisors has fixed the time and place, which shall be stated in the notice, for a hearing on the matter of the formation of a garbage disposal district.
(Added by Stats. 1989, Ch. 1095, Sec. 22.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 8 - GARBAGE AND REFUSE DISPOSAL › CHAPTER 1 - Garbage Disposal Districts › ARTICLE 2 - Formation › Section 49008.

49008. The notice shall describe the territory or shall specify the exterior boundaries of the territory proposed to be organized into a district. So far as practicable, the boundaries shall be the center lines of highways.
(Added by Stats. 1989, Ch. 1095, Sec. 22.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 8 - GARBAGE AND REFUSE DISPOSAL › CHAPTER 1 - Garbage Disposal Districts › ARTICLE 2 - Formation › Section 49009.

49009. At any time prior to the time fixed for a hearing of the matter, any person interested may file with the clerk of the board written objections to the formation of the district.
At the time and place fixed for the hearing or at any time to which the hearing may be continued, the board of supervisors shall consider and pass on all objections to the creation of the district, or to the inclusion of any territory in the district.
At the hearing, the board of supervisors may exclude any territory that, in the opinion of the board of supervisors, would not be benefited by inclusion in the district.
(Added by Stats. 1989, Ch. 1095, Sec. 22.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 8 - GARBAGE AND REFUSE DISPOSAL › CHAPTER 1 - Garbage Disposal Districts › ARTICLE 2 - Formation › Section 49010.

49010. At the conclusion of the hearing, the board of supervisors shall either adopt an order abandoning the creation of the proposed district or shall, by resolution, order the matter of the creation of the district, within the boundary lines determined upon at the hearing, to be submitted to the voters registered in the proposed district at an election to be called for that purpose.
At the election only voters registered in the proposed district shall be permitted to vote.
(Added by Stats. 1989, Ch. 1095, Sec. 22.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 8 - GARBAGE AND REFUSE DISPOSAL › CHAPTER 1 - Garbage Disposal Districts › ARTICLE 2 - Formation › Section 49011.

49011. Election precincts shall be established by the board of supervisors, and election boards composed of one inspector, one judge, and one clerk shall be named. At least one week prior to the election, notice of the election shall be given by publication in a newspaper of general circulation in the proposed district. In other matters, the election shall be conducted in the manner ordered by the board of supervisors.
(Added by Stats. 1989, Ch. 1095, Sec. 22.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 8 - GARBAGE AND REFUSE DISPOSAL › CHAPTER 1 - Garbage Disposal Districts › ARTICLE 2 - Formation › Section 49012.

49012. (a) Within five days after the district formation election has been called, the board of supervisors shall transmit, by registered mail, a written notification of the election call to the executive officer of the local agency formation commission of the county or principal county in which the territory or major portion of the territory of the proposed district is located. The written notice shall include the name and a description of the proposed district and may be in the form of a certified copy of the resolution adopted by the board of supervisors.
(b) The executive officer of the local agency formation commission, within five days after being notified that a district formation election has been called, shall submit to the local agency formation commission, for its approval or modification, an impartial analysis of the proposed district formation.
(c) The impartial analysis shall not exceed 500 words in length and shall include a specific description of the boundaries of the district proposed to be formed.
(d) The local agency formation commission, within five days after the receipt of the executive officer’s analysis, shall approve or modify the analysis and submit it to the officials in charge of conducting the district formation election.
(Added by Stats. 1989, Ch. 1095, Sec. 22.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 8 - GARBAGE AND REFUSE DISPOSAL › CHAPTER 1 - Garbage Disposal Districts › ARTICLE 2 - Formation › Section 49013.

49013. (a) The board of supervisors or any member or members of the board authorized by the board, or any individual voter or bona fide association of citizens entitled to vote on the district formation proposition, or any combination of those voters and associations of citizens, may file a written argument for or a written argument against the proposed district formation.
(b) Arguments shall not exceed 300 words in length and shall be filed with the officials in charge of conducting the election not less than 54 days prior to the date of the district formation election.
(Added by Stats. 1989, Ch. 1095, Sec. 22.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 8 - GARBAGE AND REFUSE DISPOSAL › CHAPTER 1 - Garbage Disposal Districts › ARTICLE 2 - Formation › Section 49014.

49014. (a) If more than one argument for or more than one argument against the proposed district formation is filed with the election officials within the time prescribed, the election officials shall select one of the arguments for printing and distribution to the voters.
(b) In selecting the arguments, the election officials shall give preference and priority in the order named to the arguments of the following:
(1) The board of supervisors or any member or members of the board authorized by the board.
(2) Individual voters or bona fide associations of citizens or a combination of those voters and associations.
(Added by Stats. 1989, Ch. 1095, Sec. 22.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 8 - GARBAGE AND REFUSE DISPOSAL › CHAPTER 1 - Garbage Disposal Districts › ARTICLE 2 - Formation › Section 49015.

49015. (a) The officials in charge of conducting the election shall cause a ballot pamphlet concerning the district formation proposition to be voted on to be printed and mailed to each voter entitled to vote on the district formation question.
(b) The ballot pamphlet shall contain all of the following in the order prescribed:
(1) The complete text of the proposition.
(2) The impartial analysis of the proposition prepared by the local agency formation commission.
(3) The argument for the proposed district formation.
(4) The argument against the proposed district formation.
(c) The election officials shall mail a ballot pamphlet to each voter entitled to vote in the district formation election at least 10 days prior to the date of the election. The ballot pamphlet is “official matter” within the meaning of Section 13303 of the Elections Code.
(Amended by Stats. 1994, Ch. 923, Sec. 178. Effective January 1, 1995.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 8 - GARBAGE AND REFUSE DISPOSAL › CHAPTER 1 - Garbage Disposal Districts › ARTICLE 2 - Formation › Section 49016.

49016. If at the election a majority of all those voting upon the question of creation of the district, and a majority of those voting thereon in each city is in favor of the formation of the district, the board of supervisors shall make an order forming the district and thereupon it is formed.
The order shall contain the name of the district and a description of the boundaries, or otherwise indicate its territorial extent.
The order is conclusive evidence of the regularity of all prior proceedings, except the adoption and publication in full of the resolution of intention, and of the fact of the holding of the hearing on formation.
(Added by Stats. 1989, Ch. 1095, Sec. 22.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 8 - GARBAGE AND REFUSE DISPOSAL › CHAPTER 1 - Garbage Disposal Districts › ARTICLE 2 - Formation › Section 49017.

49017. (a) A district may be formed for the exclusive purpose of providing, maintaining, and operating a garbage and refuse disposal site. In forming a district for this limited purpose, the determination of the board of supervisors required by Section 44006 shall be that this is the exclusive purpose of the district. In all other matters a district shall be formed in the same manner as other districts under this chapter. On formation, the district shall have only those powers granted to districts by this chapter that are reasonably necessary to carry out the exclusive purpose.
(b) A district formed for the exclusive purpose of providing, maintaining, and operating a garbage and refuse disposal site may issue bonds and levy taxes therefor in the same manner as provided for bonds of garbage and refuse disposal districts pursuant to Article 7 (commencing with Section 44160) of Chapter 2, and may issue revenue bonds pursuant to the Revenue Bond Law of 1941 (Chapter 6 (commencing with Section 54300) of Part 1 of Division 2 of Title 5 of the Government Code).
(Added by Stats. 1989, Ch. 1095, Sec. 22.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 8 - GARBAGE AND REFUSE DISPOSAL › CHAPTER 1 - Garbage Disposal Districts › ARTICLE 3 - Administration › Section 49018.

49018. The board of supervisors is the governing body of the district and may do any or all of the following:
(a) Make and enforce all rules and regulations necessary for the administration and government of the district, and for the collection and disposal of garbage and other refuse matter in the district.
(b) Appoint agents and employees for the district sufficient to maintain and operate the property acquired for the purposes of the district.
(c) Acquire in the name of the county, by gift, purchase, condemnation, or otherwise, and own, control, manage, and dispose of, any interest in real or personal property necessary or convenient for the collection and disposal of the garbage or other refuse matter of the district.
(d) Perform all of the acts necessary or proper to accomplish the purposes of this chapter.
(Added by Stats. 1989, Ch. 1095, Sec. 22.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 8 - GARBAGE AND REFUSE DISPOSAL › CHAPTER 1 - Garbage Disposal Districts › ARTICLE 3 - Administration › Section 49019.

49019. (a) The board of supervisors may enter into contracts for the disposal of garbage and other refuse matter. Whenever the board enters into, or renews such a contract, it shall advertise for bids for the performance of the work in a newspaper of general circulation in the county. The advertisement shall be published pursuant to Section 6062 of the Government Code. If there is no newspaper of general circulation published in the county, the notice shall be given by posting in three public places for at least two weeks.
(b) All bidders shall be granted an opportunity to ascertain the details of the nature of the work to be done under the contract. The contract shall be let to the lowest responsible bidder. If no satisfactory bid is obtained, the board may reject all bids. If all bids are rejected, the board of supervisors may readvertise for bids or, without the necessity of readvertising, may enter into contracts for the disposal of garbage and other refuse for a term not to exceed six months on terms that are necessary or proper in the exercise of the district’s powers.
(Added by Stats. 1989, Ch. 1095, Sec. 22.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 8 - GARBAGE AND REFUSE DISPOSAL › CHAPTER 1 - Garbage Disposal Districts › ARTICLE 3 - Administration › Section 49020.

49020. If an emergency occasioned by default of a contractor or other circumstances which would be detrimental to the public health, safety, or welfare of the inhabitants of the district, the board of supervisors may, without the necessity of advertising for bids, enter into contracts for the disposal of garbage and other refuse for a term not to exceed six months on terms that are necessary or proper, in the exercise of the districts’ power.
(Added by Stats. 1989, Ch. 1095, Sec. 22.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 8 - GARBAGE AND REFUSE DISPOSAL › CHAPTER 1 - Garbage Disposal Districts › ARTICLE 4 - Taxation › Section 49030.

49030. The board of supervisors shall levy a tax each year upon the taxable property in the district sufficient to defray the cost of the disposal of garbage and other refuse in the district, and of the maintenance of the district, and to meet other expenditures authorized by this chapter.
The tax shall be levied and collected at the same time, and in the same manner, as general county taxes levied for county purposes and, when collected, shall be paid into the county treasury and used in furtherance of the purposes of this chapter.
(Added by Stats. 1989, Ch. 1095, Sec. 22.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 8 - GARBAGE AND REFUSE DISPOSAL › CHAPTER 1 - Garbage Disposal Districts › ARTICLE 4 - Taxation › Section 49031.

49031. For any district in a county with a population of six million or more, the board of supervisors may prescribe and collect garbage and refuse collection and disposal service fees for the purpose of defraying the cost of the disposal of garbage and refuse in the district, maintaining the district, and meeting other expenditures authorized by this chapter.
Subject to the additional requirements of Section 49032, fees and charges prescribed, revised, and collected pursuant to this section shall be prescribed, revised, and collected pursuant to Article 4 (commencing with Section 5470) of Chapter 6 of Part 3 of the Health and Safety Code.
(Added by Stats. 1989, Ch. 1095, Sec. 22.)