reglab/statecodes huggingface dataset:
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 2 - Pharmaceutical and Sharps Waste Stewardship › ARTICLE 4 - Reports, Budgets, and Records › Section 42033.

42033. With the submission of a stewardship plan, a program operator shall submit to the department an initial stewardship program budget for the first five calendar years of operation of its stewardship program that includes both of the following:
(a) Total anticipated revenues and costs of implementing the stewardship program.
(b) A total recommended funding level sufficient to cover the plan’s budgeted costs and to operate the stewardship program over a multiyear period.
(Added by Stats. 2018, Ch. 1004, Sec. 1. (SB 212) Effective January 1, 2019.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 2 - Pharmaceutical and Sharps Waste Stewardship › ARTICLE 4 - Reports, Budgets, and Records › Section 42033.4.

42033.4. (a) A program operator shall keep minutes, books, and records that clearly reflect the activities and transactions of the program operator’s stewardship program.
(b) (1) The minutes, books, and records of a program operator shall be audited at the program operator’s expense by an independent certified public accountant retained by the program operator at least once each calendar year.
(2) A program operator shall arrange for the independent certified public accountant audit to be delivered to the department, along with the annual report and program budget submitted pursuant to subdivision (a) of Section 42033.2.
(3) The department may conduct its own audit of a program operator. The department shall review the independent certified public accountant audit for compliance with this chapter and consistency with the program operator’s stewardship plan, annual report, and program budget submitted pursuant to this chapter. The department shall notify the program operator of any conduct or practice that does not comply with this chapter or of any inconsistencies identified in the department’s audit. The program operator may obtain copies of the department’s audit, including proprietary information contained in the department’s audit, upon request. The department shall not disclose any confidential proprietary information protected pursuant to Section 42036.4 that is included in the department’s audit.
(Added by Stats. 2018, Ch. 1004, Sec. 1. (SB 212) Effective January 1, 2019.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 2 - Pharmaceutical and Sharps Waste Stewardship › ARTICLE 4 - Reports, Budgets, and Records › Section 42033.5.

42033.5. For a local jurisdiction that requests removal of home-generated sharps waste or cost recovery or reimbursement for removal pursuant to Section 42032.2, the local jurisdiction shall provide information on home-generated sharps waste to the covered entity or program operator, within a reasonable time upon request by the covered entity or program operator.
(Added by Stats. 2018, Ch. 1004, Sec. 1. (SB 212) Effective January 1, 2019.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 2 - Pharmaceutical and Sharps Waste Stewardship › ARTICLE 4 - Reports, Budgets, and Records › Section 42033.6.

42033.6. As part of the administration of this chapter, within 12 months of a program operator’s submission of three consecutive complete annual reports submitted pursuant to Section 42033.2, the department shall develop, and post on its Internet Web site, a report analyzing whether the program operator’s stewardship program provides adequate access to safe disposal of home-generated sharps waste or covered drugs, as applicable, to the ultimate user.
(Added by Stats. 2018, Ch. 1004, Sec. 1. (SB 212) Effective January 1, 2019.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 2 - Pharmaceutical and Sharps Waste Stewardship › ARTICLE 5 - Financial Provisions › Section 42034.

42034. In order to further the objective that covered entities establish and implement stewardship programs that comply with the requirements of this chapter, each covered entity, either individually or through a stewardship organization, shall pay all administrative and operational costs associated with establishing and implementing the stewardship program in which it participates, including the cost of collecting, transporting, and disposing of covered products.
(Added by Stats. 2018, Ch. 1004, Sec. 1. (SB 212) Effective January 1, 2019.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 2 - Pharmaceutical and Sharps Waste Stewardship › ARTICLE 5 - Financial Provisions › Section 42034.2.

42034.2. (a) (1) On or before the end of the 2022–23 fiscal year, and on March 1 and September 1 of each year thereafter, a program operator shall pay to the department an administrative fee. The department shall set the fee at an amount that, when paid by every covered entity, is adequate to cover the department’s and any other state agency’s projected full costs of administering and enforcing this chapter, including any incurred costs that have not been reimbursed. Before March 1 and September 1 of each year, the department shall compare the total amount of fees collected for the operative billing cycle to the total actual and reasonable costs of administering and enforcing this chapter over the same period so that the total amount of fees collected is adequate and does not exceed the state’s full actual and reasonable regulatory costs to implement and enforce this chapter. These costs may include the actual and reasonable costs associated with regulatory activities pursuant to this chapter before submission of stewardship plans pursuant to Section 42032.
(2) For a stewardship organization, the administrative fee paid pursuant to paragraph (1) shall be funded by the covered entities that make up the stewardship organization. This administrative fee shall be in addition to the charge paid pursuant to Section 42034. A stewardship organization may require its participating covered entities to pay the administrative fee and the charge paid pursuant to Section 42034 at the same time.
(b) The department shall deposit administrative fees paid by a program operator pursuant to subdivision (a) into the Pharmaceutical and Sharps Stewardship Fund, which is hereby established. Upon appropriation by the Legislature, moneys in the fund may be expended by the department, the state board, and any other agency that assists in the regulatory activities of administering and enforcing this chapter. Upon appropriation by the Legislature, moneys in the fund may be used for those regulatory activities and to reimburse any outstanding loans made from other funds used to finance the startup costs of the department’s activities pursuant to this chapter. Moneys in the fund shall not be expended for any purpose not enumerated in this chapter.
(Amended by Stats. 2023, Ch. 51, Sec. 22. (SB 122) Effective July 10, 2023.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 2 - Pharmaceutical and Sharps Waste Stewardship › ARTICLE 5 - Financial Provisions › Section 42034.4.

42034.4. (a) (1) A stewardship organization may conduct an audit of covered entities that are required to remit a charge or administrative fee to the stewardship organization pursuant to Sections 42034 and 42034.2 to verify that the administrative fees and charges paid are proper and accurate. In addition, a stewardship organization may conduct an audit of authorized collectors to verify the charges submitted are proper and accurate.
(2) The purpose of the audits described in paragraph (1) is to ensure parties required by this chapter to pay or collect an administrative fee or charge are paying or collecting the proper amount to implement the program.
(b) If a stewardship organization conducts an audit pursuant to subdivision (a), it shall do all of the following:
(1) Conduct the audit in accordance with generally accepted auditing practices.
(2) Limit the scope of the audit of covered entities to confirming whether a charge or administrative fee has been properly paid by the covered entities.
(3) Hire an independent third-party auditor to conduct the audit.
(4) Provide a copy of the audit to the department.
(Added by Stats. 2018, Ch. 1004, Sec. 1. (SB 212) Effective January 1, 2019.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 2 - Pharmaceutical and Sharps Waste Stewardship › ARTICLE 6 - Enforcement › Section 42035.

42035. (a) (1) On or before June 30, 2022, and at least annually thereafter, the department shall post on its Internet Web site a list of stewardship organizations, including entities with an approved stewardship plan, and covered entities, authorized collection sites, retail pharmacies, and retail pharmacy chains provided in the stewardship plans that are in compliance with this chapter.
(2) The state board shall coordinate with the department to verify that the list posted pursuant to paragraph (1) is consistent with the information submitted to each agency pursuant to Section 42031.
(b) A covered entity or stewardship organization that is not listed on the department’s Internet Web site pursuant to subdivision (a), but demonstrates compliance with this chapter before the department is required to post the following year’s list pursuant to subdivision (a), may request a certification letter from the department stating that the covered entity or stewardship organization is in compliance with this chapter. A covered entity or stewardship organization that receives a certification letter shall be deemed to be in compliance with this chapter.
(c) A distributor or wholesaler of covered products, and a pharmacy or other retailer that sells or offers for sale a covered product, shall monitor the department’s Internet Web site to determine which covered entities and stewardship organizations are in compliance with this chapter. The distributor or wholesaler and the pharmacy or other retailer shall notify the department if it determines that a covered product that it sells or offers for sale is from a covered entity that is not listed on the department’s Internet Web site.
(d) The sale, distribution, or offering for sale of any inventory that was in stock before the commencement of a stewardship program is exempt from this chapter and not required to be subject to a stewardship plan.
(e) If the department determines a covered entity or stewardship organization is not in compliance with this chapter, the department shall remove the entity from the list maintained on the department’s Internet Web site pursuant to subdivision (a).
(Added by Stats. 2018, Ch. 1004, Sec. 1. (SB 212) Effective January 1, 2019.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 2 - Pharmaceutical and Sharps Waste Stewardship › ARTICLE 6 - Enforcement › Section 42035.2.

42035.2. (a) (1) The department may impose an administrative penalty on any covered entity, program operator, stewardship organization, or authorized collector that sells, offers for sale, or provides a covered product in violation of this chapter.
(2) The amount of the administrative penalty imposed pursuant to this subdivision shall not exceed ten thousand dollars ($10,000) per day unless the violation is intentional, knowing, or reckless, in which case the administrative penalty shall not exceed fifty thousand dollars ($50,000) per day.
(b) The department shall not impose a penalty on a program operator pursuant to this section for failure to comply with this chapter if the program operator demonstrates it received false or misleading information that contributed to its failure to comply, including, for a stewardship organization, from a participating covered entity.
(c) The department shall deposit all penalties collected pursuant to this section in the Pharmaceutical and Sharps Stewardship Penalty Account, which is hereby created in the Pharmaceutical and Sharps Stewardship Fund established in Section 42034.2. Upon appropriation by the Legislature, moneys in the Pharmaceutical and Sharps Stewardship Penalty Account may be expended by the department on activities including, but not limited to, the promotion of safe handling and disposal of covered products, grants for related purposes, and the administration and enforcement of this chapter.
(Amended by Stats. 2019, Ch. 497, Sec. 232. (AB 991) Effective January 1, 2020.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 2 - Pharmaceutical and Sharps Waste Stewardship › ARTICLE 6 - Enforcement › Section 42035.4.

42035.4. Upon a written finding that a covered entity, program operator, stewardship organization, or authorized collector has not met a material requirement of this chapter, in addition to any other penalties authorized under this chapter, the department may take one or both of the following actions to ensure compliance with the requirements of this chapter, after affording the covered entity, stewardship organization, or authorized collector a reasonable opportunity to respond to, or rebut, the finding:
(a) Revoke the program operator’s stewardship plan approval or require the program operator to resubmit the plan.
(b) Require additional reporting relating to compliance with the material requirement of this chapter that was not met.
(Added by Stats. 2018, Ch. 1004, Sec. 1. (SB 212) Effective January 1, 2019.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 2 - Pharmaceutical and Sharps Waste Stewardship › ARTICLE 6 - Enforcement › Section 42035.6.

42035.6. (a) A covered entity, stewardship organization, program operator, retail pharmacy, or retail pharmacy chain shall do both of the following:
(1) Upon request, provide the department with reasonable and timely access, as determined by the department, to its facilities and operations, as necessary to determine compliance with this chapter.
(2) Upon request, provide the department with relevant records necessary to determine compliance with this chapter.
(b) A covered entity, stewardship organization, program operator, retail pharmacy, or retail pharmacy chain shall maintain and keep accessible all records required to be kept or submitted pursuant to this chapter for a minimum of three years.
(c) All reports and records provided to the department pursuant to this chapter shall be provided under penalty of perjury.
(d) The department may take disciplinary action against a covered entity, stewardship organization, program operator, pharmacy, retail pharmacy, or retail pharmacy chain that fails to provide the department with the access to information required pursuant to this section, including one or both of the following:
(1) Imposing an administrative penalty pursuant to Section 42035.2.
(2) Posting a notice on the department’s Internet Web site, in association with the list that the department maintains pursuant to paragraph (1) of subdivision (a) of Section 42035, that the covered entity, stewardship organization, program operator, pharmacy, retail pharmacy, or retail pharmacy chain is no longer in compliance with this chapter.
(e) The department shall not prohibit as a disciplinary action a covered entity, stewardship organization, program operator, pharmacy, retail pharmacy, or retail pharmacy chain from selling a covered product.
(Added by Stats. 2018, Ch. 1004, Sec. 1. (SB 212) Effective January 1, 2019.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 2 - Pharmaceutical and Sharps Waste Stewardship › ARTICLE 6 - Enforcement › Section 42035.8.

42035.8. All handling, transport, and disposal undertaken as part of a stewardship program under this chapter shall comply with applicable state and federal laws, including, but not limited to, regulations adopted by the United States Drug Enforcement Administration.
(Added by Stats. 2018, Ch. 1004, Sec. 1. (SB 212) Effective January 1, 2019.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 2 - Pharmaceutical and Sharps Waste Stewardship › ARTICLE 7 - Miscellaneous Provisions › Section 42036.

42036. (a) Except as provided in subdivision (c), an action specified in subdivision (b) that is taken by a stewardship organization or a covered entity pursuant to this chapter is not a violation of the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), the Unfair Practices Act (Chapter 4 (commencing with Section 17000) of Part 2 of Division 7 of the Business and Professions Code), or the Unfair Competition Law (Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code).
(b) Subdivision (a) shall apply to all of the following actions taken by a stewardship organization or covered entity:
(1) The creation, implementation, or management of a stewardship plan approved by the department pursuant to Article 3 (commencing with Section 42032) and the determination of the types or quantities of covered products collected or otherwise managed pursuant to a stewardship plan.
(2) The determination of the cost and structure of an approved stewardship plan.
(3) The establishment, administration, collection, or disbursement of the charge or administrative fee imposed pursuant to Section 42034 or 42034.2, respectively.
(c) Subdivision (a) shall not apply to an agreement that does any of the following:
(1) Fixes a price of or for covered products, except for an agreement related to costs, charges, or administrative fees associated with participation in a stewardship plan approved by the department and otherwise in accordance with this chapter.
(2) Fixes the output of production of covered products.
(3) Restricts the geographic area in which, or customers to whom, covered products are sold.
(Added by Stats. 2018, Ch. 1004, Sec. 1. (SB 212) Effective January 1, 2019.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 2 - Pharmaceutical and Sharps Waste Stewardship › ARTICLE 7 - Miscellaneous Provisions › Section 42036.2.

42036.2. (a) This chapter does not apply to a drug or sharp within a jurisdiction that is subject to a local stewardship program pursuant to an ordinance that took effect before April 18, 2018. If that ordinance is repealed in the jurisdiction or, if more than one ordinance is applicable, those ordinances are repealed in the jurisdiction, the drug or sharp shall be subject to this chapter in that jurisdiction within 270 days after the date on which the ordinance is, or ordinances are, repealed.
(b) This chapter shall preempt a local stewardship program for drugs or sharps enacted by an ordinance or ordinances with an effective date on or after April 18, 2018.
(c) A local stewardship program for covered products enacted by an ordinance that has an effective date before April 18, 2018, may continue in operation, but the program and its participants shall not receive or benefit from moneys from the Pharmaceutical and Sharps Stewardship Fund or the Pharmaceutical and Sharps Stewardship Penalty Account, including, but not limited to, for administrative or enforcement costs. Participants of a local stewardship program for covered products enacted by an ordinance that has an effective date before April 18, 2018, shall be eligible to participate in a stewardship program under this chapter and thereby become eligible to receive funds from the Pharmaceutical and Sharps Stewardship Fund or the Pharmaceutical and Sharps Stewardship Penalty Account only if the local stewardship program is dissolved.
(Added by Stats. 2018, Ch. 1004, Sec. 1. (SB 212) Effective January 1, 2019.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 2 - Pharmaceutical and Sharps Waste Stewardship › ARTICLE 7 - Miscellaneous Provisions › Section 42036.4.

42036.4. Proprietary information submitted to the department under this chapter shall be protected by all parties as confidential and shall be exempt from public disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). The department and other parties may only disclose proprietary information in an aggregated form that does not directly or indirectly identify financial, production, or sales data of an individual covered entity or stewardship organization. Proprietary information may be disclosed to the party that submitted the proprietary information.
(Amended by Stats. 2021, Ch. 615, Sec. 392. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 3 - Plastic Pollution Prevention and Packaging Producer Responsibility Act › ARTICLE 1 - General Provisions › Section 42040.

42040. (a) This chapter shall be known, and may be cited, as the Plastic Pollution Prevention and Packaging Producer Responsibility Act.
(b) The Legislature finds and declares all of the following:
(1) Disadvantaged and low-income communities are disproportionately impacted by the human health and environmental impacts of plastic pollution and fossil fuel extraction.
(2) (A) Local jurisdictions are the backbone of the solid waste management and recycling efforts in California. The new statewide comprehensive circular economy framework established by this chapter is intended to shift the burden of costs to collect, process, and recycle materials from the local jurisdictions to the producers of covered material.
(B) It is the intent of the Legislature in enacting this chapter to ensure that local jurisdictions will be made financially whole for any new costs incurred associated with the implementation of this chapter and its implementing regulations.
(3) (A) In 2021, only 5 percent of postconsumer plastic waste in the United States was recycled, down from a high of 9.5 percent in 2014, when the United States exported millions of tons of plastic waste to China. Even then, much of this material was incinerated or dumped into the environment and not recycled.
(B) It is the intent of the Legislature to establish a producer responsibility program designed to ensure that producers of single-use packaging and food service ware covered by this program take responsibility for the costs associated with the end-of-life management of that material and ensure that the material is recyclable or compostable. This standardization will reduce consumer confusion regarding recycling and composting, reduce costs to ratepayers, and increase system efficiency.
(C) It is also the intent of the Legislature that these improvements will allow California, going forward, to better harmonize curbside collection programs as local jurisdictions will collect material identified as either recyclable or compostable if that material is found to be suitable for curbside collection.
(4) Recycling can be an effective way to reclaim some natural resources, such as metals, glass, paper, and some plastic resins. However, in some circumstances, recycling is cost-prohibitive and an ineffective means to handle the end-of-life management of a covered material. In these circumstances, the Legislature acknowledges that some material types cannot effectively meet the requirements of this chapter and producers will be required to eliminate, redesign, or shift packaging or food service ware to a covered material category that can more efficiently meet the requirements of this chapter.
(5) This chapter does not modify, limit, or abrogate in any manner the existing rights of an owner of recyclable materials to sell or donate those materials.
(Amended by Stats. 2023, Ch. 848, Sec. 4. (AB 1526) Effective January 1, 2024.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 3 - Plastic Pollution Prevention and Packaging Producer Responsibility Act › ARTICLE 2 - Producer Responsibility › Section 42050.

42050. Consistent with the policy goal established in Section 41780.01 and consistent with the waste hierarchy established in Section 40051, producers of covered material sold, offered for sale, imported, or distributed in the state shall achieve all of the following with respect to the materials for which they are the producers:
(a) All plastic covered material is source reduced pursuant to the requirements established in Section 42057 and paragraph (6) of subdivision (a) of Section 42060.
(b) Ensure that all covered material offered for sale, distributed, or imported in or into the state on or after January 1, 2032, is recyclable in the state or eligible for being labeled “compostable” in accordance with Chapter 5.7 (commencing with Section 42355).
(c) Ensure that all plastic covered material offered for sale, distributed, or imported in or into the state achieves the following recycling rates:
(1) Not less than 30 percent of covered material on and after January 1, 2028.
(2) Not less than 40 percent of covered material on and after January 1, 2030.
(3) Not less than 65 percent of covered material on and after January 1, 2032.
(Added by Stats. 2022, Ch. 75, Sec. 2. (SB 54) Effective January 1, 2023.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 3 - Plastic Pollution Prevention and Packaging Producer Responsibility Act › ARTICLE 2 - Producer Responsibility › Section 42053.5.

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

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

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

42056. (a) A PRO, as part of its producer responsibility plan, shall set up a trust fund or an escrow account in California, into which it shall deposit all unexpended funds for use in accordance with this section if the plan terminates or is revoked or the PRO dissolves in accordance with the closure or transfer plan required pursuant to subdivision (f) of Section 42051.1.
(b) If a plan terminates or is revoked, the trustee or escrow agent of a trust fund or escrow account set up pursuant to subdivision (a) shall do both of the following, starting within 30 calendar days:
(1) Accept payments directly from producers into the trust fund or escrow account that would have been made to the PRO before the plan’s termination or revocation.
(2) Make payments from the trust fund or escrow account as the department shall direct, in writing, to implement the most recently approved plan.
(c) If a new plan has not been approved by the department within one year after termination or revocation, the department may make modifications to the previously approved plan, as it deems necessary, and continue to direct payments from the trust fund or escrow account in accordance with paragraph (2) of subdivision (b) to implement the modified plan.
(d) A trustee or escrow agent in possession of PRO funds shall, as directed by the department, transfer those funds to a successor PRO with an approved plan.
(Added by Stats. 2022, Ch. 75, Sec. 2. (SB 54) Effective January 1, 2023.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 3 - Plastic Pollution Prevention and Packaging Producer Responsibility Act › ARTICLE 3 - Program Administration › Section 42061.5.

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

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

42063. (a) In accordance with Sections 42051.2 and 42051.3, the department shall review a plan, plan amendment, or annual report submitted by a PRO for compliance with this chapter and shall approve, conditionally approve, or reject the document within 90 calendar days of receipt of the document, or notify the PRO of the timeline for determination if additional time is needed.
(b) (1) If the department disapproves a plan, plan amendment, or annual report, the department shall explain, in writing, how the plan, plan amendment, or annual report is noncompliant, and the PRO shall resubmit the plan, plan amendment, or annual report with any additional information, modifications, or corrections to the department within 30 calendar days.
(2) If the department finds that the plan, plan amendment, or annual report resubmitted by the PRO still does not comply with the requirements of this section, the department shall direct changes to the document and require the PRO to resubmit the plan, plan amendment, or annual report to the department within 30 calendar days.
(3) If the department determines the PRO has not incorporated the changes into the plan, plan amendment, or annual report, the department shall determine the PRO to be out of compliance with this chapter and shall take enforcement action pursuant to Article 5 (commencing with Section 42080).
(4) If a PRO’s updated plan, plan amendment, or annual report is rejected by the department, the department may allow the previously approved plan to remain in effect.
(c) An approved annual report and approved plan shall be a public record, except that financial, production, or sales data reported to the department by the PRO is not a public record for purposes of the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) and shall not be open to public inspection. The department shall release financial, production, or sales data in summary form so the information cannot be attributable to a specific producer, retailer, or wholesaler, or to any other entity.
(Added by Stats. 2022, Ch. 75, Sec. 2. (SB 54) Effective January 1, 2023.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 3 - Plastic Pollution Prevention and Packaging Producer Responsibility Act › ARTICLE 3 - Program Administration › Section 42065.

42065. (a) The department shall report to the Legislature every two years its progress in implementing this chapter, including, but not limited to, a description of efforts to adopt regulations under subdivision (a) of Section 42060 and whether PROs are on track to meet the requirements contained in those regulations and the PRO plan. Notwithstanding Section 9795 of the Government Code, the report shall be submitted to the relevant policy and budget committees of the Legislature by January 1 of each odd-numbered year.
(b) If a national recycling PRO and producer responsibility plan is implemented that is similar to the PRO and plan established under this chapter, the department shall review, evaluate, and compare the national PRO and producer responsibility plan and the PRO and plan established under this chapter. Notwithstanding Section 9795 of the Government Code, the department shall submit a report to the relevant policy and budget committees of the Legislature with any related recommended changes to this chapter.
(Added by Stats. 2022, Ch. 75, Sec. 2. (SB 54) Effective January 1, 2023.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 3 - Plastic Pollution Prevention and Packaging Producer Responsibility Act › ARTICLE 5 - Enforcement › Section 42080.

42080. (a) Failure to comply with the requirements of this chapter, including, but not limited to, failure by a PRO to implement and satisfy the requirements of its plan, shall subject a PRO, producer, wholesaler, or retailer to penalties for violations as set forth in this article or revocation of an approved plan. The department may conduct investigations, including by inspecting operations, facilities, and records of producers and PROs and by performing audits of producers and PROs, to determine whether entities are complying with the requirements of this chapter.
(b) The department may deem the information contained in an audit provided by a PRO pursuant to Section 42054 or the records maintained by the PRO pursuant to subdivision (d) of Section 42052 to be sufficient to establish violations of the requirements of this chapter.
(c) The department shall notify a PRO, producer, retailer, or wholesaler of any conduct or practice that does not comply with this chapter and of any inconsistencies identified in the department’s audit.
(d) Within 15 calendar days of the director approving a completed audit of a PRO, producer, retailer, or wholesaler, the department shall notify the audited entity that the audit will be posted on the department’s internet website. The department shall post the completed audit on the department’s internet website no later than 45 calendar days after it provides that notice.
(e) The department shall hold its audit confidentially only to the extent it contains information that is specifically identified as and constitutes a trade secret pursuant to subdivision (d) of Section 3426.1 of the Civil Code or is otherwise exempt from disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). Within 15 calendar days of receiving a completed audit and notice from the department that the audit will be posted on the department’s internet website, the PRO, producer, retailer, or wholesaler audited by the department shall specifically identify each portion of the audit that it claims constitutes or contains a trade secret. Notwithstanding any provision to the contrary in regulations promulgated pursuant to Section 40062, information not identified as a trade secret and information improperly identified as a trade secret shall be subject to disclosure pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) unless exempted from disclosure by another provision of law.
(Added by Stats. 2022, Ch. 75, Sec. 2. (SB 54) Effective January 1, 2023.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 3 - Plastic Pollution Prevention and Packaging Producer Responsibility Act › ARTICLE 5 - Enforcement › Section 42082.

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

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

42084. (a) If the department determines that a producer responsibility organization or producer has not achieved the targets established pursuant to Section 42050 or 42057, the department shall, through a public process, adopt regulations that do both of the following:
(1) Place requirements on the PRO or producers to achieve the recycling rates established pursuant to subdivision (c) of Section 42050 or subdivision (i) of Section 42057.
(2) Place requirements on producers to source reduce, by both weight and number of items, to meet the requirements of Section 42057.
(b) The regulations shall apply to the PRO or producer after the date of the target or upon the end of any approved corrective action plan, as applicable.
(Added by Stats. 2022, Ch. 75, Sec. 2. (SB 54) Effective January 1, 2023.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 3.5 - Metallic Discards › ARTICLE 1 - Definitions › Section 42161.

42161. “Metallic discard” means any large metal article or product, or any part thereof, including, but not limited to, metal furniture, machinery, major appliances, electronic products, and wood-burning stoves.
(Added by Stats. 1991, Ch. 849, Sec. 2.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 3.5 - Metallic Discards › ARTICLE 1 - Definitions › Section 42162.

42162. “Salvage” means the controlled removal of metallic discards from the solid waste stream at a permitted solid waste facility for the express purpose of recycling or reuse.
(Added by Stats. 1991, Ch. 849, Sec. 2.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 3.5 - Metallic Discards › ARTICLE 1 - Definitions › Section 42163.

42163. “Recycling residue” means nonhazardous residue or residue treated to be nonhazardous that is a direct result of metals recovery operations for the express purposes of recycling.
(Added by Stats. 1991, Ch. 849, Sec. 2.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 3.5 - Metallic Discards › ARTICLE 1 - Definitions › Section 42164.

42164. “Solid waste landfill” means a solid waste landfill, as defined in Section 40195.1.
(Amended by Stats. 1996, Ch. 1041, Sec. 11. Effective January 1, 1997.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 3.5 - Metallic Discards › ARTICLE 1 - Definitions › Section 42165.

42165. “Vehicle” means any device used for transportation. “Vehicle” includes bicycles, airplanes, and other transportation devices not used on highways, and automobiles and other vehicles, as defined in Section 670 of the Vehicle Code.
(Added by Stats. 1991, Ch. 849, Sec. 2.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 3.5 - Metallic Discards › ARTICLE 1 - Definitions › Section 42166.

42166. “Major appliance” means any domestic or commercial device, including, but not limited to, a washing machine, clothes dryer, hot water heater, dehumidifier, conventional oven, microwave oven, stove, refrigerator, freezer, air-conditioner, trash compactor, and residential furnace.
(Added by Stats. 1991, Ch. 849, Sec. 2.)