California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 11 - Product Stewardship › Article 2 - Architectural Paint Recovery Program › Section 18953 - Stewardship Plan Approval Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Paint stewardship plans must follow the
				  standard outline per §
										18952 and contain the following:
(1) Contact information. Identify the
				  manufacturer or designated stewardship organization responsible for the
				  stewardship plan submittal. A manufacturer or stewardship organization shall
				  provide updates to the list of manufacturers and brands participating in its
				  program within 30 days of any changes to that list.
(2) Program Goals and Activities. Include
				  program goals that are specific to and appropriate for California. Factors to
				  consider when determining program goals may include the current and future
				  recycling infrastructure and capacity and changes in market conditions in
				  California. Description of goals must include a baseline, to be provided by the
				  manufacturer or stewardship organization, from which the goals will be measured
				  and reported in the manufacturer or stewardship organization's annual reports.
				  The baseline should indicate the status of household hazardous waste management
				  in California at the time of plan submission. Describe how the goals will be
				  measured, including a description of the methodology used for estimating the
				  amount of leftover paint available for collection in California. Describe how
				  the program will:
(A) Reduce the generation of
				  postconsumer paint;
(B) Promote the
				  reuse of postconsumer paint;
(C)
				  Properly manage postconsumer paint at end-of-life in an environmentally sound
				  fashion, including recovery, recycling, and proper disposal of postconsumer
				  paint; and
(D) Manage paint
				  containers and undertake market development activities, if a manufacturer or
				  stewardship organization chooses to engage in these
				  activities.
(3)
				  Collection Systems. Describe the system that will be used to collect and
				  properly manage postconsumer architectural paint to demonstrate how there will
				  be sufficient funding for the program and how it will be implemented in an
				  environmentally sound fashion. This description must include the following:
(A) Collection methods used for architectural
				  paint, by type.
(B) Destination for
				  reuse activities, processing (including recycling) and/or disposal for
				  architectural paint, by type.
(C)
				  Description of best management practices to be followed by service providers
				  that are acting as collection points, which may include any training that the
				  manufacturer or stewardship organization intends to provide to or require of
				  service providers to ensure proper collection and management of postconsumer
				  architectural paint.
(D)
				  Description of how each consumer of architectural paint in California will have
				  an opportunity to recycle and properly manage their unwanted architectural
				  paint on a state wide basis, including the proposed number, location, and type
				  of collection points located in the state.
(E) Address the coordination of the
				  architectural paint stewardship program with existing local household hazardous
				  waste collection programs. A manufacturer or stewardship organization must
				  negotiate with existing local household hazardous waste collection programs
				  wanting to participate in the paint stewardship program as a collection point
				  as much as is reasonably feasible and is mutually agreeable.
(F) Address the coordination of the
				  architectural paint stewardship program with potential retail collection
				  points. Any retailer may participate, on a voluntary basis, as a paint
				  collection point pursuant to the paint stewardship program. A manufacturer or
				  stewardship organization must negotiate with any retailer wanting to
				  participate in the paint stewardship program as a collection point, as much as
				  is reasonably feasible and is mutually agreeable.
(4) Financing Mechanism. Include a funding
				  mechanism that provides sufficient funding to recover, but not exceed, the cost
				  of the architectural paint stewardship program, including the administrative
				  (including financial audits per PRC §
											48705(a)(6)),
				  operational, and capital costs of the program. The funding mechanism includes
				  the following:
(A) The amount of the
				  assessment per unit of architectural paint sold in the state.
(B) A budget for the program that includes
				  revenue estimates from the assessment, operational costs, capital costs, and
				  administrative costs (including those pursuant to §
												18958 re: service payment to the
				  department).
(C) Stewardship
				  organization and manufacturers shall allocate revenues and expenditures
				  applicable to this program in accordance with Generally Accepted Accounting
				  Principles (GAAP).
(5)
				  Education and Outreach. Include a description of education and outreach efforts
				  to consumers, contractors, and retailers to promote source reduction and
				  recycling of architectural paint. The description shall include how the
				  outreach and education methods will be used and distributed. Educational
				  information may include, but is not limited to, signage, written materials,
				  advertising, or other promotional materials pursuant to PRC §
											48703(e).
				  A manufacturer or stewardship organization may not advertise a collection
				  point(s) as being part of a manufacturer or stewardship organization's program
				  that is not a contracted collection point for the manufacturer or stewardship
				  organization's stewardship program. This provision does not apply to referrals
				  to collection points based on publically available information.
(6) Stakeholder Consultations. In addition to
				  existing local household hazardous waste collection programs per §
											18953(a)(3)(E),
				  other stakeholders that may be consulted include, but are not limited to,
				  consumers, retailers, architectural paint recyclers, architectural paint
				  contractors, and haulers.