text:
(a) (1) By January 1, 2032, a PRO acting on behalf of participants of the PRO’s approved plan shall develop and implement a plan to achieve the 25-percent reduction by weight and 25 percent by plastic component source reduction requirement for covered material sold, offered for sale, or distributed in the state. The PRO shall establish enforceable agreements with each of its approved plan participants to implement this section.

(2) Source reduction shall be achieved by a PRO in the following manner:

(A) At least 10 percent of the plastic covered material sold, offered for sale, or distributed in the state by its participant producers shall be source reduced through shifting a plastic covered material to refillable or reusable packaging or food service ware or through eliminating a plastic component.

(B) (i) The remaining source reduction of the plastic covered material sold, offered for sale, or distributed in the state by its participant producers not achieved pursuant to subparagraph (A) shall be source reduced through concentration, right-sizing, lightweighting, or shifting to bulk or large format packaging that allows consumers to refill home or commercial reusable containers, or shifting from a plastic covered material to a nonplastic covered material. No more than 8 percent of the plastic covered material sold, offered for sale, or distributed in the state by its participant producers shall be source reduced through an alternative compliance formula developed by the PRO, subject to approval by the department, that offers source reduction credit on a sliding scale based on the ratio of virgin plastic to postconsumer recycled content plastic to producers who incorporate postconsumer recycled content into plastic covered material. A producer shall only receive this alternative source reduction credit if the postconsumer recycled content is able to be validated and is validated by a third party, such as the Association of Plastic Recyclers, through its APR Postconsumer Resin Certification Program, or a similar third party approved by the department, and the content does not contain intentionally added perfluoroalkyl and polyfluoroalkyl substances.

(ii) The resulting source reduction of each action taken to optimize, eliminate, right-size, concentrate, shift to bulk or large format packaging, or switch to a nonplastic covered material shall be counted once for the purposes of meeting the source reduction requirements.

(C) By January 1, 2027, the PRO shall source reduce no less than 10 percent of plastic covered material sold, offered for sale, or distributed in the state by its participant producers, with no less than 2 percent of plastic covered material sold, offered for sale, or distributed in the state by its participant producers source reduced through shifting to reusable or refillable packaging and food service ware systems.

(D) By January 1, 2030, the PRO shall source reduce no less than 20 percent of plastic covered material sold, offered for sale, or distributed in the state by its participant producers, with no less than 4 percent of plastic covered material sold, offered for sale, or distributed in the state by its participant producers source reduced through shifting to reusable or refillable packaging and food service ware systems.

(b) By January 1, 2025, the department shall establish a baseline for the 25-percent reduction required in subdivision (a) based on the amount of plastic covered material, including the number of products packaged in covered material, that was sold, offered for sale, or distributed in the state in the 2023 calendar year.

(c) As part of any producer responsibility plan, plan update, or annual report submitted to the department, the PRO shall report the following data, disaggregated by each participant producer:

(1) The amount of plastic covered material and products sold in plastic covered material, including the number of plastic components and weight of plastic covered material, sold, offered for sale, or distributed in the state.

(2) The number of plastic components and the weight of plastic covered material shifted to a refillable or reusable packaging or food service ware.

(3) The number of plastic components and the weight of plastic covered material eliminated.

(4) The number of plastic components and the weight of plastic covered material shifted from a plastic covered material to a nonplastic covered material.

(5) The number of plastic components and the weight of plastic covered material reduced through concentration, right-sizing, and shifting to bulk or large format packaging that allows consumers to refill home or commercial reusable containers.

(6) The amount of postconsumer recycled content used compared to virgin plastic in covered material.

(d) Producers who are members of the PRO shall submit to the PRO individual source reduction plans that include both of the following:

(1) In the first individual producer source reduction plan, the producer shall include any amount of covered material, by number of plastic components and weight of covered material, the producer source reduced since January 1, 2013.

(2) The amount of plastic covered material, by number of plastic components and weight of plastic covered material, the producer plans to source reduce by January 1, 2027, January 1, 2030, and January 1, 2032. The producer shall describe how much will be source reduced in each of the following ways:

(A) The number of plastic components and the weight of plastic covered material shifted to a refillable or reusable package.

(B) The number of plastic components and the weight of plastic covered material eliminated.

(C) The number of plastic components and the weight of plastic covered material shifted from a plastic covered material to a nonplastic material.

(D) The number of plastic components and the weight of covered material source reduced through concentration, right-sizing, lightweighting, and shifting to bulk or large format packaging that allows consumers to refill home or commercial reusable containers.

(E) The amount of postconsumer recycled content used compared to virgin plastic in covered material.

(e) The PRO shall require producers that are participants of the PRO’s approved plan to submit to the PRO the data necessary for the PRO to report the information required pursuant to subdivisions (c) and (d).

(f) As part of the producer responsibility plan, the PRO shall include a source reduction plan designed to meet the requirements of this section. The source reduction plan shall be disaggregated based on the individual producer source reduction plans and shall meet both of the following requirements:

(1) In the source reduction plan, the PRO shall give producers credit for source reduction achieved from the 2013 calendar year to the 2022 calendar year, inclusive. This amount shall not count toward the requirements of subdivision (a). Allocation of this amount, and the requirement for the PRO source reduction plan to meet the requirements of subdivision (a), may require the PRO to require a producer to revise its individual producer source reduction plan.

(2) The PRO may identify material types in the source reduction plan that face significant recycling or end market challenges and would require significant investment to bring into compliance with this chapter by January 1, 2032. Switching an entire identified covered material category to a reusable, refillable, or nonplastic alternative shall be considered source reduction for the purpose of subdivision (a). The PRO may report this source reduction in an aggregated form.

(g) To ensure equity in the market, the PRO shall require a producer with a covered material new to the producer subsequent to the approval of the PRO to optimize packaging and not include unnecessary covered material. The PRO shall assess a malus fee on any producer with a new covered material that is not optimized, as determined by the PRO and approved by the department pursuant to subdivision (j) of Section 42051.1.

(h) To ensure source reductions achieved by January 1, 2032, are not lost after January 1, 2032, while still allowing for businesses to grow, the department shall, beginning in the 2030 calendar year and every five years thereafter, conduct an evaluation of the plastic covered material subject to this section to determine if actions to secure greater source reductions are necessary. If the number of plastic components or weight of plastic covered material has increased, the department shall make this determination. If the department determines that there has been an increase in the number of plastic components or the overall weight of plastic covered material, the department shall take the following actions to secure greater source reductions:

(1) Require the PRO to ensure participant producers increase the rate of source reduction through shifting a plastic covered material to reusable or refillable packaging or food service ware or through eliminating plastic components. In requiring these higher source reduction rates, the department shall consider all of the following:

(A) The feasibility of increased source reduction rates, as determined by evaluating consumer adoption and acceptance, potential impacts to food safety, and infrastructure availability.

(B) The use of postconsumer recycled content.

(C) The degree to which reuse and refill infrastructure investments were made to improve consumer convenience and adoption.

(D) Examples of reuse and refill systems and elimination requirements in other jurisdictions.

(E) Reductions achieved through the other tools implemented by the PRO, including fees and required optimization.

(F) The percentage of growth in the number of plastic components and the overall weight of covered material.

(2) Determine if new packaging types are optimized and, if not, develop optimization requirements through regulations.

(i) Producers of expanded polystyrene food service ware shall not sell, offer for sale, distribute, or import in or into the state expanded polystyrene food service ware unless the producer demonstrates to the department that all expanded polystyrene meets the following recycling rates:

(1) Not less than 25 percent on and after January 1, 2025.

(2) Not less than 30 percent on and after January 1, 2028.

(3) Not less than 50 percent on and after January 1, 2030.

(4) Not less than 65 percent on and after January 1, 2032, and annually thereafter.

(j) The department may adopt regulations to implement this section, including, but not limited to, reporting and collection requirements.

history: (History: Amended by Stats. 2023, Ch. 131, Sec. 186. (AB 1754) Effective January 1, 2024.)

article: 2. Producer Responsibility


kind: section

code: PRC

text:
(a) By January 1, 2025, the department shall adopt regulations necessary to implement and enforce this chapter and to ensure that the requirements of this chapter and in particular the requirements established in Section 42050 and the policy goal established in Section 41780.01 as it relates to covered material are met. The regulations shall include, but not be limited to, all of the following:

(1) Any regulations necessary to ensure the PRO fully funds plan implementation, including fully funding the budget. This shall include the costs incurred by a local jurisdiction or a local jurisdiction’s recycling service providers to implement this chapter, including, but not limited to, the cost of consumer education and of collection, including the cost of containers where relevant, as well as the processing, storage, and transportation of covered materials. Costs may vary based on population density or other relevant factors and shall allow local jurisdictions to protect ratepayers from increased costs associated with the processing and marketing of covered material.

(2) (A) Establish a mandatory process for producers, retailers, and wholesalers, or a PRO operating on behalf of a producer, retailer, or wholesaler, to register with and report to the department.

(B) The process shall include establishing appropriate timelines to begin regular reporting following the adoption of the regulations. The department shall consider, along with any other factors the department deems appropriate, the amount of information being reported in developing the timelines.

(C) (i) Data requests by the department shall be consistent with the covered material categories established and posted on the department’s internet website pursuant to subdivision (a) of Section 42061.

(ii) To the maximum extent feasible, the department shall seek to use records and information that the local jurisdiction, producer, retailer, wholesaler, or PRO already maintains, in order to minimize the burden imposed by the reporting and recordkeeping requirements while still enabling the department to determine compliance with this chapter.

(D) The department shall, to the extent feasible, make the reporting consistent with other recognized third-party reporting systems used by producers or other packaging extended producer responsibility programs.

(E) Market-sensitive trade secret data received by the department pursuant to this chapter shall be held confidentially by the department as required by Section 40062 and any implementing regulations, provided that the furnisher of the data complies with the requirements set forth in subdivision (b) of Section 40062 and any implementing regulations for identifying the information claimed to be a trade secret.

(F) The department shall create an online registration form to facilitate submitting reports pursuant to this subdivision. To the extent permissible under applicable law, the department may contract with an independent third-party online reporting system with recognized standards for waste characterization, source reduction, and recycling.

(3) (A) The department shall establish a process to identify covered material that, while determined to be single use for purposes of this chapter, presents unique challenges in complying with this chapter. The department may exempt covered material identified pursuant to this subparagraph from this chapter.

(B) For any covered material identified as presenting unique challenges and exempted from this chapter under subparagraph (A), the department may at any point develop a plan to phase the covered material into the requirements of this chapter.

(4) The department shall establish a process to identify covered material that cannot comply with this chapter for health and safety reasons, or because it is unsafe to recycle. The department may exempt that covered material from this chapter.

(5) The department shall establish a process to exempt from the requirements of this chapter, except for the requirements of subdivision (b) of Section 42050, small producers, small retailers, and small wholesalers based on size, revenue, number of retail locations, and market share, as follows:

(A) Subject to subparagraph (B), the department shall exempt producers, retailers, or wholesalers that, in the most recent calendar year, had gross sales of less than one million dollars ($1,000,000) in the state.

(B) If the department determines that exempting a particular small producer, small retailer, or small wholesaler pursuant to subparagraph (A) would hinder the ability of a type of covered material or covered material category from complying with the requirements of this chapter, the department may determine that the particular small producer, small retailer, or small wholesaler will not be exempted from the requirements of this chapter.

(6) (A) The department shall include mechanisms necessary to reduce the amount of covered material entering the environment, in accordance with the regulations adopted pursuant to this section.

(B) The department may consider reductions of covered material achieved by a producer before the effective date of the regulations toward a producer’s compliance with this chapter if the producer can demonstrate to the satisfaction of the department that the producer reduced the covered material in a manner consistent with this chapter and actions taken to comply with Chapter 5.5 (commencing with Section 42300).

(C) In calculating the reductions necessary to achieve the requirements adopted pursuant to subdivision (a), the department shall consider source reduction achieved pursuant to Section 42057.

(7) The department shall establish a process to require coordination between a PRO and producer that is not a participant of the PRO’s approved plan and between multiple PROs as necessary. This includes determining how much each PRO shall charge producers of plastic covered material in order to prorate the funding as necessary to raise the revenue required by Section 42064.

(8) The department shall establish a methodology and process to calculate, to the extent feasible, an annual recycling rate defined in subdivision (ab) of Section 42041.

(b) (1) The department shall ensure that any regulations adopted pursuant to this chapter consider guidelines and do not conflict with regulations issued by the United States Food and Drug Administration and the United States Department of Agriculture and consider requirements imposed by other California state agencies.

(2) Neither the department nor the PRO shall impose any requirement, including, but not limited to, a recycled content requirement, in direct conflict with a federal law or regulation, including, but not limited to, laws or regulations covering tamper-evident packaging pursuant to Section 211.132 of Title 21 of the Code of Federal Regulations, laws or regulations covering child-resistant packaging pursuant to Part 1700 (commencing with Section 1700.1) of Subchapter E of Chapter II of Title 16 of the Code of Federal Regulations, regulations, rules, or guidelines issued by the United States Department of Agriculture or the United States Food and Drug Administration relevant to packaging agricultural commodities, requirements for microbial contamination, structural integrity, or safety of packaging under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 301 et seq.), 21 U.S.C. Sec. 2101 et seq., the federal FDA Food Safety Modernization Act (Public Law 111-353), the federal Poultry Products Inspection Act (21 U.S.C. Sec. 451 et seq.), the Federal Meat Inspection Act (21 U.S.C. Sec. 601 et seq.), or the federal Egg Products Inspection Act (21 U.S.C. Sec. 1031 et seq.). Neither the department nor a PRO shall impose a postconsumer recycled content requirement for covered material for fresh produce.

(c) In developing the regulations, the department shall consider relevant information on reduction programs and approaches in other states, localities, and nations, including, but not limited to, the European Union, India, Costa Rica, China, Chile, and Canada, and international standards, including, but not limited to, ISO 18602.

(d) In adopting regulations pursuant to this section, the department shall ensure the regulations, and activities conducted in accordance with the regulations, avoid or minimize disproportionate impacts to disadvantaged or low-income communities or rural areas.

history: (History: Amended by Stats. 2023, Ch. 131, Sec. 187. (AB 1754) Effective January 1, 2024.)

division: 30. WASTE MANAGEMENT

article: 3. Program Administration

path: 30. WASTE MANAGEMENT > 3. Plastic Pollution Prevention and Packaging Producer Responsibility Act > 3. Program Administration


text:
(a) Except as provided in subdivisions (b), (c), (d), and (e), all local jurisdictions or recycling service providers shall include in their collection and recycling programs all covered material contained on the lists published pursuant to subdivisions (c) and (d) of Section 42061. This section does not authorize the department to require mandatory route collection service where it does not already exist. This section shall not limit a local jurisdiction from collecting additional materials for recycling or composting.

(b) The department shall grant an extension of, or exemption from, a requirement of subdivision (a) upon a written showing by the local jurisdiction or recycling service provider that compliance with the requirement is not practicable for a specific identified covered material because of specific local conditions, circumstances, or challenges. If the PRO objects to the extension or exemption, the PRO shall be responsible for arranging alternative means for the collection, processing, storage, and transportation of covered materials resulting from implementing this chapter. The department shall review a granted extension or exemption every two years, and may renew the extension or exemption after that review. An exemption or extension for a local jurisdiction or recycling service provider does not in any way relieve a producer or PRO from meeting the requirements of this chapter.

(c) A county board of supervisors of a rural county or a rural jurisdiction, as those terms are defined in Section 42649.8, may adopt a resolution to exempt the rural county or rural jurisdiction from the requirements of this section. If a rural jurisdiction is a regional agency composed of jurisdictions that are located entirely within one or more rural counties, the board of the regional agency may adopt a resolution, as prescribed in this subdivision, to exempt the rural jurisdiction from the requirements of this section. An exemption for a rural county or a rural jurisdiction does not in any way relieve a producer or PRO from meeting the requirements of this chapter.

(d) A local jurisdiction or recycling service provider shall not be required to collect material for recycling or composting on the lists published pursuant to subdivisions (c) and (d) of Section 42061 that does not meet the criteria described in subdivision (l) of Section 42051.1 and is collected and recycled or composted by means other than curbside collection in a producer responsibility plan.

(e) A local jurisdiction shall not be required to collect a material category that is subject to an ordinance passed by the local jurisdiction prohibiting the sale or distribution of that covered material in the local jurisdiction before the publication of the lists of recyclable or compostable material pursuant to subdivisions (c) and (d) of Section 42061.

history: (History: Amended by Stats. 2023, Ch. 131, Sec. 188. (AB 1754) Effective January 1, 2024.)

chapter: 3. Plastic Pollution Prevention and Packaging Producer Responsibility Act

article: 3. Program Administration


text:
The department shall do all of the following:

(a) (1) By July 1, 2024, the department shall establish and post on its internet website a list of covered material categories. The department may consider material types and forms referenced in waste characterization studies or material characterization studies for determining the categories.

(2) The department shall conduct and publish on its internet website a characterization study of covered material categories that are disposed of in California landfills. The department’s activities pursuant to this paragraph, including the department’s determination of the appropriate facilities to include in the study, are exempt from Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.

(3) (A) For the department’s first material characterization study conducted pursuant to paragraph (2), which the department shall complete on or before July 1, 2025, the department shall conduct disposal-based characterization studies to determine the approximate amount of covered material disposed of in California landfills.

(B) The department shall, on or before January 1, 2024, report to the Legislature in compliance with Section 9795 of the Government Code on the status of material types relative to the requirements in subparagraphs (A) and (B) of paragraph (2) of subdivision (d) of Section 42355.51. When updating information pursuant to clause (ii) of subparagraph (B) of paragraph (1) of subdivision (d) of Section 42355.51, the department may identify materials that are trending toward meeting the requirements in subparagraphs (A) and (B) of paragraph (2) of subdivision (d) of Section 42355.51 and measurable increase of statewide collection and sorting rates through either statewide recycling programs or alternative programs, such as take-back systems, and for which the continued increase in the collection, sorting, and viable responsible end market development the department determines will be disrupted by a loss of a recyclable designation. Those material types and forms shall be considered recyclable in the state and may be labeled as recyclable, notwithstanding subparagraphs (A) and (B) of paragraph (2) of subdivision (d) of Section 42355.51, so long as the material types and forms satisfy subparagraphs (A) to (D), inclusive, of paragraph (3) of subdivision (d) of Section 42355.51 and until the material types and forms are a part of, and in compliance with, a program described in paragraph (6) of subdivision (d) of Section 42355.51.

(4) The department shall update the material characterization study required pursuant to this subdivision in 2028, 2030, 2032, and at least every four years thereafter.

(5) Notwithstanding paragraphs (2) and (3), the department may publish additional information that was not available at the time of the most recent periodic material characterization study regarding the appropriate characterization of material types and forms.

(6) For purposes of studying a representative sample of material types and forms in the state, within 90 calendar days of a department request, a transfer, processing, or recycling facility shall allow for periodic sampling conducted by a designated representative of the department on a mutually agreed upon date and time. The department shall not require a periodic sampling of a transfer, processing, or recycling facility if that facility was sampled during the previous 24 months.

(7) For each material characterization study conducted pursuant to this subdivision, the department shall publish on its internet website the preliminary findings of the study and conduct a public meeting to present the preliminary findings and receive public comments. The public meeting shall occur at least 30 calendar days after the department publishes the preliminary findings. After receiving and considering public comments, and within 60 calendar days of the public meeting, the department shall finalize and publish on its internet website the findings of the study.

(b) (1) By January 1, 2026, the department shall calculate and publish on its internet website the current recycling rates being achieved in the state for each covered material category. These recycling rates shall be deemed to meet the description in subdivision (g) of Section 11340.9 of the Government Code and may be filed by the Office of Administrative Law, at the request of the department, pursuant to Section 11343.8 of the Government Code.

(2) In determining a recycling rate, the department may consider data gathered pursuant to any of the following, including any amendments thereto:

(A) Chapter 746 of the Statutes of 2015.

(B) Chapter 6 (commencing with Section 42370).

(C) Chapter 395 of the Statutes of 2016.

(D) Chapter 5.5 (commencing with Section 42300).

(E) Division 12.1 (commencing with Section 14500).

(F) Chapter 5.7. (commencing with Section 42355).

(G) Data voluntarily provided by local jurisdictions.

(H) Data and information received from producers.

(I) Any other relevant data and information received by the department.

(c) By January 1, 2024, the department shall publish on its internet website a list of covered material categories that are, based on available collection and processing infrastructure and recycling markets, deemed recyclable as of January 1, 2024. Covered material is deemed recyclable if it meets the requirements of Section 17989.2 of Title 14 of the California Code of Regulations, as that section existed on January 1, 2023, and Section 42355.51. The list shall include covered material categories identified by the department and considered recyclable pursuant to subdivision (d) of Section 42355.51.

(d) By January 1, 2024, the department shall create and post on its internet website a list of covered material categories that are deemed compostable as of January 1, 2024. Covered material is deemed compostable if it meets the requirements to be labeled as compostable pursuant to Chapter 5.7 (commencing with Section 42355).

(e) The department shall determine a process for updating the lists created pursuant to subdivisions (c) and (d) to either add covered material categories that are deemed to meet all of the criteria in either subdivision (c) or (d) or remove covered material categories if they can no longer be deemed recyclable or compostable pursuant to subdivision (c) or (d). As part of the process, the department shall update the list at least annually until January 1, 2032. After January 1, 2032, the department shall regularly, but no less than once every two years, evaluate the list to determine if it is still accurate and update it as needed. Covered material categories deemed to be recyclable or compostable as of January 1, 2032, and listed pursuant to subdivision (c) or (d) shall be deemed to be compliant with subdivision (b) of Section 42050 until and unless the department determines that the covered material category no longer meets the requirements of subdivision (c) or (d).

(f) (1) The department shall determine a process for updating the rates published pursuant to subdivision (b). The department shall update the list at least every two years and shall regularly, but no less than once every two years, evaluate the list of rates to determine whether the rates are still accurate. After evaluation, the department may amend the list to remove, add, or change rates. The department shall post any updates to the list on its internet website.

(2) A producer may demonstrate compliance with the rates in subdivision (c) of Section 42050 by submitting to the department evidence that the particular type of covered material meets the applicable recycling rate by reference to a recycling rate on the department’s list or through another mechanism approved by the department.

(3) A producer that seeks to have a rate included or changed on the list, or a covered material category added to the list, may be required by the department to submit data for purposes of the department’s determination of the rate to include on the list or the appropriateness of adding the category.

(4) Publication of and updates made to the list pursuant to this subdivision are exempt from Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.

history: (History: Amended by Stats. 2023, Ch. 848, Sec. 8. (AB 1526) Effective January 1, 2024.)

article: 3. Program Administration


text:
(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).

history: (History: Added by Stats. 2022, Ch. 75, Sec. 2. (SB 54) Effective January 1, 2023.)

article: 3. Program Administration


text:
(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.

article: 3. Program Administration


text:
(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.

article: 3. Program Administration


text:
(a) (1) The environmental mitigation surcharge imposed by this section shall be collected annually by the California Department of Tax and Fee Administration in accordance with the Fee Collection Procedures Law (Part 30 (commencing with Section 55001) of Division 2 of the Revenue and Taxation Code). For purposes of this chapter, the references in the Fee Collection Procedures Law to “fee” shall include the environmental mitigation surcharge imposed by this section, and references to “feepayer” shall include a person required to pay the environmental mitigation surcharge imposed by this section.

(2) Notwithstanding the appeal provisions in the Fee Collection Procedures Law, a determination by the department that a person is required to pay an environmental mitigation surcharge, or a determination by the department regarding the amount of that environmental mitigation surcharge, is subject to review under Section 42064.01 and is not subject to a petition for redetermination by the California Department of Tax and Fee Administration.

(3) Notwithstanding the refund provisions in the Fee Collection Procedures Law, the California Department of Tax and Fee Administration shall not accept any claim for refund that is based on the assertion that a determination by the department improperly or erroneously calculated the amount of the environmental mitigation surcharge, or incorrectly determined that the person or entity is subject to the environmental mitigation surcharge, unless that determination has been set aside by the department or a court reviewing the determination of the department.

(4) This section shall not prevent, and shall not be construed to prevent, the California Department of Tax and Fee Administration from accepting a claim for refund for an environmental mitigation surcharge or taking action on its own to correct a mistake or clerical error regarding an environmental mitigation surcharge.

(b) The annual environmental mitigation surcharge shall be due and payable 30 days from the date of assessment by the California Department of Tax and Fee Administration. Notwithstanding Article 1.1 (commencing with Section 55050) of Chapter 3 of Part 30 of Division 2 of the Revenue and Taxation Code, the environmental mitigation surcharge shall be remitted by electronic funds transfer to the California Department of Tax and Fee Administration.

(c) (1) On or before March 1, 2027, and each March 1 thereafter, the department shall annually transmit to the California Department of Tax and Fee Administration the appropriate name and address of each person who is liable for the environmental mitigation surcharge under this section and the amount of the environmental mitigation surcharge to be assessed, and at the same time shall provide to the California Department of Tax and Fee Administration a contact number for the department to be printed on the notice of determination to respond to questions about the environmental mitigation surcharge.

(2) The California Department of Tax and Fee Administration shall mail the notice of determination to each person identified by the department pursuant to paragraph (1) on or before 90 days after receipt of the information required by paragraph (1).

(d) The California Plastic Pollution Mitigation Fund is hereby established in the State Treasury. The California Plastic Pollution Mitigation Fund shall consist of all environmental mitigation surcharges, interest, penalties, and other amounts collected and paid to the California Department of Tax and Fee Administration pursuant to this section, less payments of refunds and reimbursements to the California Department of Tax and Fee Administration for expenses incurred in the administration and collection of the environmental mitigation surcharges imposed by this section.

(e) (1) Commencing in the 2027 calendar year, and annually thereafter, a PRO shall pay an environmental mitigation surcharge of five hundred million dollars ($500,000,000) each year, as assessed by the California Department of Tax and Fee Administration, and remit that amount to the California Department of Tax and Fee Administration each year to be deposited into the California Plastic Pollution Mitigation Fund.

(2) (A) The PRO may collect up to one hundred fifty million dollars ($150,000,000) from plastic resin manufacturers who sell plastic covered material to producers who are participants of the PRO.

(B) The PRO may require its participants to provide to the PRO a list of plastic resin manufacturers who sell plastic for use in covered material to the participants.

(C) If the PRO does not collect all or any of the one hundred fifty million dollars ($150,000,000) from plastic resin manufacturers, the PRO is still responsible for the total remittance specified in paragraph (2).

(f) The PRO shall establish and impose on its participants who produce plastic covered material subject to Section 42057 an environmental mitigation surcharge in the amount necessary to remit the moneys pursuant to subdivision (a) based on each producer’s market share of plastic covered material, accounting for both number of plastic components and weight.

(g) Moneys in the California Plastic Pollution Mitigation Fund shall not be expended for obligations imposed on any party by any law other than this section or to cover costs identified in a needs assessment.

(h) (1) For producers that are not participants of a PRO’s approved plan, the department shall determine the amount of the environmental mitigation surcharge the producer shall pay based on both the number and weight of plastic covered material the producer offers for sale, sells, distributes, or imports in or into the state.

(2) Commencing in the 2027 calendar year, and annually thereafter, a producer not in a PRO shall pay an environmental mitigation surcharge in the amount determined by the department, as assessed by the California Department of Tax and Fee Administration each year to be deposited into the California Plastic Pollution Mitigation Fund.

(i) In the 2030 calendar year, the department shall determine whether the environmental mitigation surcharge imposed pursuant to this section should be increased based on the evaluation conducted pursuant to subdivision (h) of Section 42057. If that evaluation finds a change in the overall number of plastic components or weight of plastic covered material in the state, the department shall adjust, through regulation, the amount of the environmental mitigation surcharge a PRO collects in proportion to that change. A PRO shall conform the surcharge imposed on its participant producers to the adjusted amount of the environmental mitigation surcharge established by the department.

(j) (1) Upon appropriation by the Legislature, 40 percent of the moneys in the California Plastic Pollution Mitigation Fund shall be expended by the Department of Fish and Wildlife, the Wildlife Conservation Board, the State Coastal Conservancy, the California Coastal Commission, the Ocean Protection Council, the Department of Parks and Recreation, the Natural Resources Agency, and the California Environmental Protection Agency to monitor and reduce the environmental impacts of plastics on terrestrial, aquatic, and marine life and human health, including to restore, recover, and protect the natural environment.

(2) At least 50 percent of the funds appropriated pursuant to paragraph (1) shall provide benefits to residents living in a disadvantaged or low-income community or rural area.

(3) Moneys appropriated pursuant to paragraph (1) may be used to support grants for tribes, nongovernmental organizations, community-based organizations, land trusts, and local jurisdictions.

(k) (1) Upon appropriation by the Legislature, 60 percent of the moneys in the California Plastic Pollution Mitigation Fund shall be expended by the Strategic Growth Council, the California Environmental Protection Agency, the Natural Resources Agency, and the Department of Justice to monitor and reduce the historical and current environmental justice and public health impacts of plastics, including to mitigate the historical and current impact of plastics on disadvantaged or low-income communities or rural areas.

(2) Of the moneys appropriated pursuant to paragraph (1), 75 percent shall directly and primarily benefit residents living in disadvantaged or low-income communities.

(3) Moneys appropriated pursuant to paragraph (1) may be used to support grants to local jurisdictions, tribes, nongovernmental organizations, and community-based organizations.

(l) Moneys appropriated from the California Plastic Pollution Mitigation Fund pursuant to subdivisions (j) and (k) shall be used to increase and enhance the activities described in subdivisions (j) and (k) and shall not replace or reduce allocation of any other funding for those purposes. Accordingly, General Fund or Greenhouse Gas Reduction Fund appropriations to the Department of Fish and Wildlife, the California Coastal Conservancy, the California Coastal Commission, the Wildlife Conservation Board, the Ocean Protection Council, the Department of Parks and Recreation, the Strategic Growth Council, the Department of Justice, the California Environmental Protection Agency, and the Natural Resources Agency shall not be reduced below the levels provided in the Budget Act of 2019 (Chapter 23 of Statutes of 2019).

(m) Each agency or department receiving funding under this section shall, notwithstanding Section 9795 of the Government Code, provide an annual report to the relevant budget committees of the Legislature on how the funding will be used, progress toward mitigation goals, and relevant details and outcomes from third parties who may be provided funding by the agency or department for mitigation purposes.

(n) This section shall remain in effect only until January 1, 2037, and as of that date is repealed.

history: (History: Amended by Stats. 2023, Ch. 848, Sec. 9. (AB 1526) Effective January 1, 2024. Repealed as of January 1, 2037, by its own provisions.)

article: 3. Program Administration


text:
(a) A person from whom the environmental mitigation surcharge imposed pursuant to Section 42064 is determined to be due by that section may petition for a redetermination of whether this chapter applies to that person within 30 days after service upon them of a notice of the determination. If a petition for redetermination is not filed within the 30-day period, the amount determined to be due becomes final at the expiration of the 30-day period.

(b) A petition for redetermination of the application of this section or Section 42064 shall be in writing and be sent to the department or its designee. The petition shall state the specific grounds upon which the petition is founded and include supporting documentation. The petition may be amended to state additional grounds or provide additional documentation at any time prior to the date that the department issues its order or decision with regard to the petition for redetermination.

(c) If a petition for redetermination of the application of this section or Section 42064 is filed within the 30-day period, the department shall reconsider whether the environmental mitigation surcharge is due and make a determination in writing. The department may eliminate the environmental mitigation surcharge based on a determination that this section or Section 42064 does not apply to the person who filed the petition.

(d) The department shall provide to the California Department of Tax and Fee Administration notice and the result of each petition for redetermination or claim for refund, including the filing date, reporting periods, amount of the environmental mitigation surcharge involved, and details necessary for the California Department of Tax and Fee Administration to perform refund or collection duties.

(e) If a timely petition for redetermination has been filed pursuant to subdivision (a), all legal action to collect the environmental mitigation surcharge imposed pursuant to Section 42064 shall be stayed pending the final determination of the department pursuant to subdivision (g).

(f) Notice of the determination of the department pursuant to subdivision (c) shall be served on the same date to the petitioner and the California Department of Tax and Fee Administration.

(g) The order or decision of the department upon a petition for redetermination of the environmental mitigation surcharge shall become final 30 days after service upon the petitioner of notice of the determination.

(h) The environmental mitigation surcharge imposed pursuant to Section 42064 determined to be due by the department pursuant to this section is due and payable at the time it becomes final, and if it is not paid when due and payable, the penalty imposed pursuant to Section 55086 of the Revenue and Taxation Code shall be applied.

(i) Written notice required by this section shall be served as follows:

(1) The notice shall be placed in a sealed envelope, with postage paid, addressed to the petitioner at the petitioner’s address as it appears in the records of the department. The giving of notice shall be deemed complete at the time of the deposit of the notice in a United States Post Office, or a mailbox, subpost office, substation, mail chute, or other facility regularly maintained or provided by the United States Postal Service without extension of time for any reason.

(2) In lieu of mailing, a notice may be served personally by delivering it to the person to be served and service shall be deemed complete at the time of delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.

(j) A dispute regarding the environmental mitigation surcharge imposed pursuant to Section 42064 shall be resolved pursuant to this section only.

(k) If the department determines that a person is entitled to a refund of all or part of the environmental mitigation surcharge imposed pursuant to Section 42064, the person shall make a claim to the California Department of Tax and Fee Administration pursuant to Chapter 5 (commencing with Section 55221) of Part 30 of Division 2 of the Revenue and Taxation Code.

history: (History: Amended by Stats. 2023, Ch. 848, Sec. 10. (AB 1526) Effective January 1, 2024.)

article: 3. Program Administration


text:
(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.

article: 3. Program Administration


text:
(a) The department shall prepare one or more initial statewide needs assessments designed to determine the necessary steps and investment needed for covered material, by covered material category, to achieve the requirements of this chapter. Needs assessments, or components thereof, shall be updated every five years or as necessary to ensure the requirements of this chapter are met. An initial needs assessment for specific covered material shall be completed before the completion and approval of any producer responsibility plan that includes that covered material. The department may select an independent third-party contractor to complete the needs assessment. The department or the third-party contractor shall consult with the PRO and local jurisdictions when developing the needs assessment.

(b) The PRO shall reimburse the department for the cost of developing any needs assessment and any update to a needs assessment.

(c) The department may prepare either several needs assessments, with each assessment specific to one or more covered materials subject to this chapter, or may prepare one comprehensive needs assessment that includes all covered material subject to this chapter.

(d) The department shall guide development of a needs assessment, which shall be developed in collaboration with the PRO and a broad diversity of local jurisdictions, recycling service providers, and processors that reflect the different needs and challenges faced by urban, suburban, and rural communities and a variety of different population densities and socioeconomic perspectives and that choose to participate in the development of a needs assessment.

(e) A needs assessment shall comply with all of the following:

(1) Be designed to inform the PRO budget and PRO plan.

(2) Include an evaluation of all of the following with respect to covered materials and covered material categories:

(A) Existing state statutory provisions and funding sources related to market development and financial incentives to help achieve the state’s goals related to recycling, composting, reuse, reduction, and recovery.

(B) The current recycling, composting, collection, and hauling system in the state and the expanded access and additional recycling or composting options needed for enhancements to the system.

(C) The existing access to on-premises recycling and composting for multifamily residences, and the need to expand that access.

(D) The processing capacity and infrastructure in the state and regionally and the ability for innovative and advanced technologies such as artificial intelligence and robotics to improve that capacity.

(E) Current market conditions and the need to create viable responsible end markets in the state and regionally.

(F) Consumer education needs for recycling, composting, reuse, and reduction.

(G) Funding needs and actions necessary to achieve the requirements of this chapter, including payments to recyclers, market incentive payments, or other payments necessary to achieve the requirements of this chapter.

(H) Actions and investments necessary to provide sufficient access to collection, recycling, composting, processing, and transportation to viable responsible end markets.

(I) An evaluation of the availability or lack of availability of markets for recycled covered material, the need to incentivize recycled or composted material market development, and the associated investments and actions needed to ensure that the covered materials are recycled or composted and have viable and sufficient responsible end markets to meet the requirements of Section 42050.

(J) Factors contributing to contamination and actions and investments needed to avoid contamination and improve recycled and composted material in order to ensure the material meets quality requirements for remanufacturing.

(K) Availability of responsible end markets and mechanisms to identify and expand responsible end markets. The evaluation shall include identification of measures to avoid and minimize environmental and public health impacts on communities where recycling occurs.

(3) Include an evaluation of all of the following with respect to covered material:

(A) The needs associated with shifting packaging or food service ware from a covered material category that is unlikely to develop sustained viable responsible end markets to a covered material category that either has a viable responsible end market or is likely to develop a sustained viable responsible end market.

(B) Actions and investments necessary to improve covered material design to improve recyclability and compostability.

(C) Funding needed to implement the source reduction requirements established in Section 42057, including, but not limited to, investments needed to develop reuse and refill infrastructure and to provide consumers with convenient access to that infrastructure to grow and market the use of reusable and refillable packaging and food service ware.

(D) An evaluation of integrating innovative and advanced technologies throughout a MRF that utilize artificial intelligence to improve data collection in order to identify, categorize, and track the disposition of covered materials throughout the recycling process.

(E) An evaluation of actions and investments that would be effective in achieving source reduction requirements.

(4) The needs assessment shall not propose investing in activities contrary to the intent described in Section 40004 or in violation of an agreement entered into pursuant to Section 40059 and shall include a mechanism to disburse funds for identified activities.

(5) The needs assessment may include, but shall not be limited to, elements that will accomplish all of the following:

(A) Expanding access to or improvement of curbside collection services wherever feasible.

(B) Expanding access to dropoff recycling services or other mechanisms where curbside collection services are not feasible, or as necessary in order to supplement curbside collection services to achieve the requirements of this chapter.

(C) Expanding access to collection services in public spaces.

(D) Providing or facilitating deployment of innovative enhanced collection, composting, and recycling systems and innovative recycling systems within a recycling center or MRF that utilizes advanced technology, such as artificial intelligence and robotics, to improve the identification and sorting of covered materials, where feasible.

(E) An evaluation of actions and investments that would be effective in achieving source reduction requirements.

(F) Creation of on-premises access to recycling or composting services for multifamily residences.

(G) Funding, providing, or facilitating the efficient transport of materials from remote or rural areas to centralized sorting facilities, brokers, or viable responsible end markets.

(H) Enhancing existing materials recycling or composting infrastructure by developing a quality incentive payment, grants, and other mechanisms sufficient to cover the cost of separating, processing, baling, recycling, composting, remanufacturing, and transporting desired materials that meet viable responsible end market quality specifications, or for reducing the rate of inbound contamination to composting facilities.

(I) Infrastructure or other mechanisms needed to implement a source reduction plan, including, but not limited to, investments in reuse, refill, and composting infrastructure.

(J) Infrastructure or other activities needed to achieve recycling rates for all covered material under the plan and ensure covered material is recyclable or compostable.

(f) (1) The initial needs assessment, and any updates, shall be submitted to the advisory board.

(2) Development of a needs assessment by the department pursuant to this section is exempt from Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.

(g) The initial needs assessment, and any updates, shall be developed through a public process including at least one public meeting at which the department provides the PRO, the advisory board, and any interested members of the public the opportunity for input.

history: (History: Amended by Stats. 2023, Ch. 848, Sec. 11. (AB 1526) Effective January 1, 2024.)

article: 3. Program Administration


text:
(a) In implementing this chapter, the department shall establish a producer responsibility advisory board for the purpose of identifying barriers and solutions to creating a circular economy consistent with this chapter and advising the department, producers, and producer responsibility organizations in the implementation of this chapter. The advisory board shall be composed of 13 voting and 3 nonvoting members as provided in the following categories, who shall be appointed by the director:

(1) One representative nominated by a statewide city association.

(2) One representative nominated by a statewide rural county association.

(3) One representative from an environmental protection organization.

(4) One representative from an ocean advocacy organization.

(5) One representative from an environmental justice organization.

(6) One representative from a disadvantaged or low-income community or rural area.

(7) One representative of a materials recovery facility located within the State of California.

(8) One representative of a recycling service provider, or a representative of an association of recycling service providers.

(9) One representative from the composting industry operating in the State of California.

(10) A representative of each of four manufacturers of covered materials of different material types utilizing postconsumer recycled content, one of which produces third-party certified compostable covered material. These board members shall not be a board member of a PRO.

(11) One representative nominated by a statewide association representing the retail sector. This board member shall be a nonvoting member.

(12) One representative nominated by a statewide association representing the grocery sector. This board member shall be a nonvoting member.

(13) One representative of a producer responsibility organization. This board member shall be a nonvoting member.

(b) The director shall appoint all members to the advisory board on or before July 1, 2023. The director shall appoint the members for staggered three-year terms, and may reappoint a member for additional terms. At its first meeting, the advisory board shall elect a chair who will serve as chair for the calendar year, and who may be reelected as chair.

(c) The advisory board shall meet at least once per year by the call of the chair or by request of a majority of the voting members. The department shall provide administrative support to the advisory board.

(d) The advisory board meetings shall be open to the public and are subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).

(e) (1) The advisory board shall provide the PRO and the department, and a third party conducting or updating a needs assessment if applicable, with initial recommendations regarding all of the following:

(A) Key barriers and possible solutions to advance the objectives of increasing recovery of covered materials and decreasing the leakage of plastic into the environment no later than one year after the advisory board’s initial meeting. This shall include key barriers and possible solutions related to available and viable responsible end markets and market development for covered materials.

(B) Key barriers and possible solutions to advance the objectives of reducing the production of virgin material for covered material and reducing the landfilling of covered material.

(C) Key barriers and possible pathways toward reusable packaging and products and refillable systems.

(D) Key barriers and other considerations needed for covered material to meet the requirements of this chapter.

(E) How a PRO will cover the costs incurred by local jurisdictions and local jurisdictions’ recycling service providers associated with implementing this chapter and managing the material covered in a plan.

(2) The department shall consider the recommendations provided under paragraph (1) as it evaluates which specific actions may be appropriate to advance the objectives of this chapter.

(f) The advisory board may take any of the following actions through written recommendations as the advisory board deems appropriate:

(1) Advise the department, producers, or PROs on technical matters in support of the goals of this chapter to create a circular economy and reduce covered material pollution.

(2) Advise the department in the adoption of the regulations required by this chapter.

(3) Advise the department, producers, or PROs on any other pertinent matters in implementing this chapter, as determined by the advisory board or department.

(g) Pursuant to Section 42067, the advisory board shall review any needs assessment or revised needs assessment submitted to it within 90 calendar days of receipt of the assessment.

(h) Within 60 calendar days of receiving a plan submitted pursuant to subdivision (a) of Section 42051.2, the advisory board shall review the plan and offer written comments, which may include suggested modifications to the plan.

(i) The advisory board shall submit written recommendations to the department only if a majority of the advisory board’s voting members endorse the recommendation. One or more advisory board members who do not endorse the recommendation may submit a separate written recommendation to the department reflecting the minority opinion or opinions.

(j) If an affected entity asserts that specific actions taken to meet the requirements of this chapter are disrupting or otherwise adversely affecting the sustained operation or commercial viability of solid waste collection programs, solid waste recycling facilities, or composting facilities providing services in accordance with local solid waste handling requirements, the affected entity may bring the concern and evidence supporting this assertion to the advisory board for discussion and ask the advisory board to conduct a preliminary evaluation of the information. If the evaluation demonstrates that specific actions are disrupting or otherwise adversely affecting existing operations, the advisory board shall submit this concern to the department for further analysis. The department shall analyze the information provided by the advisory board and may offer a recommendation for resolution.

path: 30. WASTE MANAGEMENT > 3. Plastic Pollution Prevention and Packaging Producer Responsibility Act > 4. Producer Responsibility Advisory Board


text:
(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.

article: 5. Enforcement

path: 30. WASTE MANAGEMENT > 3. Plastic Pollution Prevention and Packaging Producer Responsibility Act > 5. Enforcement


text:
(a) (1) The department may issue a notice of violation to, and impose an administrative civil penalty not to exceed fifty thousand dollars ($50,000) per day per violation on, any entity not in compliance with this chapter or any of the regulations the department adopts to implement this chapter, unless the entity meets the criteria of paragraph (5) of subdivision (a) of Section 42060, in which case the civil penalty shall not exceed twenty-five thousand dollars ($25,000) per day per violation.

(2) A violation of Section 42050 by a producer or the PRO shall be determined based on the brand name, package or product line, package or product form, covered material category, and package or product size that the department deems is not in compliance.

(3) Penalties against a PRO or producer shall not begin accruing with respect to a violation until 30 calendar days following the notification of the violation.

(4) The department shall deposit all penalties collected pursuant to this section into the Circular Economy Penalty Account, which is hereby created in the State Treasury. Moneys in the Circular Economy Penalty Account shall be available upon appropriation by the Legislature for purposes that further this chapter.

(b) (1) Before determining whether to assess a penalty, the department may allow a producer or a PRO to develop and submit a corrective action plan to the department detailing how and when the producer or a PRO will come into compliance with this chapter. Corrective action plans may include, but are not limited to, actions such as shifting production to covered material categories that meet the recycling rates required pursuant to subdivision (c) of Section 42050, no longer offering the covered material for sale, reaching a minimum recycled content standard set by the department, or establishing a take-back system or deposit system for the covered material that would increase the recycling rate of the material. The department shall not assess a penalty and the producer shall not be listed as noncompliant pursuant to Section 42082 for material covered in a corrective action plan if the producer complies with the corrective action plan. A producer or PRO may request approval from the department to comply with a corrective action plan or elements of a corrective action plan in cooperation with other producers or PROs.

(2) (A) The duration of a corrective action plan shall not exceed 24 months. The department may extend a corrective action plan up to an additional 12 months if the department sets forth steps and a timeline for the producer or PRO to comply with the corrective action plan and if the producer or PRO made a substantial effort to comply but was reasonably prevented from doing so due to extenuating circumstances.

(B) For purposes of this paragraph, making a “substantial effort” means taking all practicable actions to comply with a corrective action plan. Substantial effort is not made in circumstances in which a producer or PRO has not taken reasonable steps to comply with a corrective action plan, including, but not limited to, providing staff resources and funding necessary for compliance.

(3) The department’s authority under this article to impose penalties and to consider a corrective action plan do not affect the department’s authority to withdraw its approval of a PRO plan pursuant to Section 42051.2 and the department may impose penalties and consider corrective action plans against the PRO or producers without revoking an approved plan.

(c) The department, in determining the penalty amount and whether to assess a penalty under this section, shall consider, at a minimum, all of the following:

(1) The nature, circumstances, extent, and gravity of the violation or a condition giving rise to the violation and the various remedies and penalties that are appropriate in the given circumstances, with primary emphasis on protecting the public health and safety and the environment.

(2) Whether the violation or conditions giving rise to the violation have been corrected in a timely fashion or whether reasonable progress is being made to correct the violation or conditions giving rise to the violation.

(3) Whether the violation or conditions giving rise to the violation demonstrate a pattern of noncompliance with this chapter or the regulations adopted pursuant to this chapter. If the violation is a first offense, and the nature and gravity of the violation is not considered egregious, the department shall consider assessing a penalty not to exceed twenty-five thousand dollars ($25,000) per day.

(4) Whether the violation or conditions giving rise to the violation were intentional.

(5) Whether the violation or conditions giving rise to the violation were voluntarily and promptly reported to the department before the commencement of an investigation or audit by the department.

(6) Whether the violation or conditions giving rise to the violation were due to circumstances beyond the reasonable control of the producer or PRO or were otherwise unavoidable under the circumstances, including, but not limited to, unforeseen changes in market conditions. This does not include circumstances in which curbside collection either was not available or not suitable for the collection and processing of the covered material and the PRO or producer failed to adequately invest in or develop other means to collect or process the covered material.

(7) The size and economic condition of the producer or PRO.

(8) The magnitude of the impact on the environment, human health, and disadvantaged or low-income communities or rural areas reasonably anticipated from the violation.

history: (History: Amended by Stats. 2023, Ch. 848, Sec. 12. (AB 1526) Effective January 1, 2024.)

article: 5. Enforcement


text:
(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.

article: 5. Enforcement


text: 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.

article: 5. Enforcement


text:
(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.

article: 5. Enforcement


text: The definitions in this article govern the construction of this chapter.

history: (History: Added by Stats. 1991, Ch. 849, Sec. 2.)

chapter: 3.5. Metallic Discards

article: 1. Definitions

path: 30. WASTE MANAGEMENT > 3.5. Metallic Discards > 1. Definitions


text: “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.

article: 1. Definitions


text: “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.

article: 1. Definitions


text: “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.

article: 1. Definitions


text: “Solid waste landfill” means a solid waste landfill, as defined in Section 40195.1.

history: (History: Amended by Stats. 1996, Ch. 1041, Sec. 11. Effective January 1, 1997.)

article: 1. Definitions


text: “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.

article: 1. Definitions


text: “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.

article: 1. Definitions


text:
“Materials that require special handling” means all of the following:

(a) Sodium azide canisters in unspent airbags that are determined to be hazardous by federal and state law or regulation.

(b) Encapsulated polychlorinated biphenyls (PCBs), Di(2-Ethylhexylphthalate) (DEHP), and metal encased capacitors, in major appliances.

(c) Chlorofluorocarbons (CFCs), hydrochlorofluorocarbons (HCFCs), and other non-CFC replacement refrigerants, injected in air-conditioning/refrigeration units.

(d) Used oil, as defined in subparagraph (A) of paragraph (1) of subdivision (a) of Section 25250.1 of the Health and Safety Code, in major appliances. Materials described in subparagraph (B) of paragraph (1) of subdivision (a) of Section 25250.1 of the Health and Safety Code are not excluded from the definition of used oil for the purposes of this section.

(e) Mercury found in switches and temperature control devices in major appliances.

(f) Any other material that, when removed from a major appliance, is a hazardous waste regulated pursuant to Chapter 6.5 (commencing with Section 25100) of Division 20 of the Health and Safety Code.

history: (History: Amended by Stats. 2004, Ch. 880, Sec. 11. Effective January 1, 2005.)

article: 1. Definitions


text: “Solid waste facility” means a solid waste facility as defined in Section 40194.

article: 1. Definitions


text:
(a) After January 1, 1994, no solid waste facility shall accept for disposal any major appliance, vehicle, or other metallic discard which contains enough metal to be economically feasible to salvage as determined by the solid waste facility operator.

(b) After January 1, 1994, no person shall place a major appliance or other metallic discard in mixed municipal solid waste or dispose of a major appliance or other metallic discard in or on land, except for a solid waste landfill operator who complies with subdivision (a). This material shall be delivered to a facility to process for reuse or recycling, placed in a solid waste facility for salvage, or disposed of at a solid waste landfill if economically infeasible to salvage.

(c) Notwithstanding any other provision of law, any solid waste facility operator who salvages major appliances, vehicles, other metallic discards or other recyclables shall not be required to revise the solid waste facilities permit to implement these activities.

(d) This section shall be subject to enforcement pursuant to Chapter 1 (commencing with Section 45000) of Part 5.

article: 2. Disposal of Metallic Discard

path: 30. WASTE MANAGEMENT > 3.5. Metallic Discards > 2. Disposal of Metallic Discard


text: The board shall evaluate the use of recycling residue for use as solid waste landfill cover materials or for use as extenders for currently used cover material. If used as daily cover or as extenders to daily cover, recycling residues shall have all of the physical characteristics required by regulations for cover materials adopted pursuant to Section 43020. The results of this evaluation shall be reported in the report required pursuant to Section 40507.

history: (History: Amended by Stats. 1992, Ch. 1293, Sec. 3. Effective January 1, 1993.)

article: 2. Disposal of Metallic Discard


text: The board shall conduct its evaluation of recycling residue in consultation with the Department of Toxic Substances Control, the State Air Resources Board, the state water board, and any other agency having pertinent jurisdiction. Recycling residue used as daily cover or as extenders in daily cover shall meet performance standards and requirements for cover material as specified in the regulations adopted pursuant to Section 43020.

history: (History: Amended by Stats. 1992, Ch. 1293, Sec. 4. Effective January 1, 1993.)

article: 2. Disposal of Metallic Discard


text: Materials that require special handling shall be removed from major appliances and vehicles in which they are contained prior to crushing for transport or transferring to a baler or shredder for recycling.

history: (History: Amended by Stats. 1997, Ch. 884, Sec. 4. Effective January 1, 1998.)

article: 3. Processing Metallic Discards

path: 30. WASTE MANAGEMENT > 3.5. Metallic Discards > 3. Processing Metallic Discards


text:
(a) Any hazardous material that becomes a hazardous waste when released or removed from any major appliance shall be managed pursuant to Article 10.1 (commencing with Section 25211) of Chapter 6.5 of Division 20 of the Health and Safety Code.

(b) Any mercury-containing motor vehicle light switch that becomes a hazardous waste when removed from any vehicle shall be managed pursuant to Article 10.2 (commencing with Section 25214.5) of Chapter 6.5 of Division 20 of the Health and Safety Code.

(c) Failure to comply with the requirements of Section 42175 is a violation of Chapter 6.5 (commencing with Section 25100) of Division 20 of the Health and Safety Code.

history: (History: Amended by Stats. 2002, Ch. 626, Sec. 10. Effective January 1, 2003.)

article: 3. Processing Metallic Discards


text: No city or county shall impose any fees, except facility operating fees, state-mandated fees, or fees pursuant to Sections 41901, 41902, 41903, and 43213, or surcharges on the disposal of recycling residue generated from the metals recovery and reuse of major appliances, vehicles, and other metallic discards, provided the residue is not delivered to the solid waste facility mixed with other solid waste.

path: 30. WASTE MANAGEMENT > 3.5. Metallic Discards > 4. Fees and Surcharges for Recycling Residue


text: The following definitions govern the construction of this chapter.

history: (History: Added by Stats. 1989, Ch. 1096, Sec. 2.)

chapter: 5. Compost Market Program

article: 1. Definitions

path: 30. WASTE MANAGEMENT > 5. Compost Market Program > 1. Definitions


text: “Compost” means the product resulting from the controlled biological decomposition of organic wastes that are sources separated from the municipal solid waste stream.

article: 1. Definitions


text: The Department of General Services and the department, in consultation with other affected state agencies, shall maintain specifications for the purchase of compost by the State of California. The specifications shall designate the state minimum operating standards and product quality standards. The specifications shall be designed to maximize the use of compost without jeopardizing the safety and health of the citizens of the state or the environment.

history: (History: Amended by Stats. 2018, Ch. 238, Sec. 1. (AB 2411) Effective January 1, 2019.)

article: 2. Compost Market Program

path: 30. WASTE MANAGEMENT > 5. Compost Market Program > 2. Compost Market Program


text: The Department of Transportation shall use compost in place of, or to supplement, petroleum-based commercial fertilizers in the state’s highway landscape maintenance program.

history: (History: Amended by Stats. 2018, Ch. 238, Sec. 2. (AB 2411) Effective January 1, 2019.)

article: 2. Compost Market Program


text:
(a) On or before December 31, 2019, the department, in coordination with the Department of Transportation, shall do both of the following:

(1) Identify best practices for each of the Department of Transportation’s 12 districts regarding the cost-effective use of compost along roadways. The best practices shall reflect the highest and best use of compost, taking into consideration the circumstances particular to each jurisdiction.

(2) Develop a plan to implement the best practices identified pursuant to paragraph (1) in each of the Department of Transportation’s 12 districts.

(b) The department shall review the best practices identified pursuant to paragraph (1) of subdivision (a) at least once every five years, and update the best practices as necessary.

history: (History: Added by Stats. 2018, Ch. 238, Sec. 3. (AB 2411) Effective January 1, 2019.)

article: 2. Compost Market Program


text:
The department may develop a program to increase the use of compost products in agricultural applications. The program may include, but shall not be limited to, either or both of the following:

(a) Identification of federal, state, and local financial assistance.

(b) Cooperative efforts with appropriate federal and state agencies.

history: (History: Amended by Stats. 2018, Ch. 238, Sec. 4. (AB 2411) Effective January 1, 2019.)

article: 2. Compost Market Program


text: The Department of Forestry and Fire Protection, the Department of Parks and Recreation, and the Department of General Services shall initiate programs to restore public lands that use compost, co-compost, rice straw, and chemically fixed sewage sludge and shall use those products or materials wherever possible.

history: (History: Amended by Stats. 2018, Ch. 238, Sec. 5. (AB 2411) Effective January 1, 2019.)

article: 2. Compost Market Program


text: On or before December 31, 2019, the department shall develop and implement a plan to maximize the use of compost for slope stabilization and for establishing vegetation in the course of providing debris removal services following a wildfire.

history: (History: Added by Stats. 2018, Ch. 238, Sec. 6. (AB 2411) Effective January 1, 2019.)

article: 2. Compost Market Program


text: The department shall evaluate compost, co-compost, and chemically fixed sewage sludge for use as solid waste landfill cover materials or for use as extenders for currently used cover material. Compost, co-compost, and chemically fixed sewage sludge products, when used as a substitute for or mixed with currently approved cover material, shall possess all the physical characteristics required in the definition of a cover material.

history: (History: Amended by Stats. 2018, Ch. 238, Sec. 7. (AB 2411) Effective January 1, 2019.)

article: 2. Compost Market Program


text: On or before January 1, 1994, the board shall evaluate rice straw for use as a solid waste landfill cover material or for use as an extender for currently used cover material. Rice straw or rice straw materials, when used as a substitute for or mixed with currently approved cover material, shall possess all the physical characteristics required in the definition of a cover material. The results of the evaluation shall be included in the report required pursuant to Section 40507.

history: (History: Added by Stats. 1992, Ch. 1207, Sec. 4. Effective January 1, 1993.)

article: 2. Compost Market Program


text: Based on the results of the evaluation conducted in accordance with Section 42244, the department may, on a case-by-case basis, approve the use of compost, co-compost, and chemically fixed sewage sludge, that meet the performance standards for cover material, for up to 25 percent of landfill cover materials or landfill cover extenders.

history: (History: Amended by Stats. 2018, Ch. 238, Sec. 8. (AB 2411) Effective January 1, 2019.)

article: 2. Compost Market Program


text: Any procuring agency that prepares a request for bid for commercial fertilizers or soil amendment products shall document its determination that the use of a compost, co-compost, or chemically fixed sewage sludge would jeopardize public health or safety or would jeopardize the intended result of the project.

article: 2. Compost Market Program


text:
For purposes of this chapter, the following definitions apply:

(a) “Consumer” has the same meaning as in Section 113757 of the Health and Safety Code.

(b) “Food facility” has the same meaning as in Section 113789 of the Health and Safety Code.

(c) “Ready-to-eat food” has the same meaning as in Section 113881 of the Health and Safety Code.

(d) “Single-use” means designed to be used once and then discarded, and not designed for repeated use and sanitizing.

(e) “Single-use foodware accessory” means all of the following single-use items provided alongside ready-to-eat food:

(1) Utensils, which is defined as forks, knives, spoons, and sporks.

(2) Chopsticks.

(3) Condiment cups and packets.

(4) Straws.

(5) Stirrers.

(6) Splash sticks.

(7) Cocktail sticks.

(f) “Standard condiment” means relishes, spices, sauces, confections, or seasonings that require no additional preparation and that are usually used on a food item after preparation, including ketchup, mustard, mayonnaise, soy sauce, hot sauce, salsa, salt, pepper, sugar, and sugar substitutes.

(g) “Third-party food delivery platform” has the same meaning as in Section 113930.5 of the Health and Safety Code.

history: (History: Amended by Stats. 2021, Ch. 505, Sec. 2. (AB 1276) Effective January 1, 2022.)

path: 30. WASTE MANAGEMENT > 5.2. Single-Use Foodware Accessories and Condiments


text:
(a) Except as provided in subdivisions (c) and (d), a food facility, for on-premises dining or when using a third-party food delivery platform, shall not provide any single-use foodware accessory or standard condiment packaged for single use to a consumer unless the single-use foodware accessory or standard condiment is requested by the consumer.

(b) Single-use foodware accessories and standard condiments packaged for single use provided by food facilities for use by consumers shall not be bundled or packaged in a manner that prohibits a consumer from taking only the type of single-use foodware accessory or standard condiment desired without also having to take a different type of single-use foodware accessory or standard condiment.

(c) A food facility may ask a drive-through consumer if the consumer wants a single-use foodware accessory if the single-use foodware accessory is necessary for the consumer to consume ready-to-eat food, or to prevent spills of or safely transport ready-to-eat food.

(d) A food facility that is located entirely within a public use airport, as defined in Section 77.3 of Title 14 of the Code of Federal Regulations, may ask a walk-through consumer if the consumer wants a single-use foodware accessory if the single-use foodware accessory is necessary for the consumer to consume ready-to-eat food, or to prevent spills of or safely transport ready-to-eat food.

(e) (1) A third-party food delivery platform shall provide consumers with the option to request single-use foodware accessories or standard condiments from a food facility serving ready-to-eat food.

(2) If a food facility uses any third-party delivery platform for ready-to-eat food, the food facility shall customize its menu with a list of available single-use foodware accessories and standard condiments, and only those single-use foodware accessories or standard condiments selected by the consumer shall be provided by the food facility. If a consumer does not select any single-use foodware accessories or standard condiments, no single-use foodware accessory or standard condiment shall be provided by the food facility for delivery of ready-to-eat food.

(f) Nothing in this section shall prohibit a food facility from making unwrapped single-use foodware accessories available to a consumer using refillable self-service dispensers that dispense one item at a time to allow for single-use foodware accessories to be obtained.

(g) Nothing in this section shall prohibit a food facility from making standard condiments available to a consumer using refillable self-service dispensers to allow for standard condiments to be obtained. A food facility that offers standard condiments is encouraged to use bulk dispensers for the condiments rather than condiments packaged for single use.

(h) Nothing in this section shall prevent a city, county, city and county, or other local public agency from adopting and implementing an ordinance or rule that would further restrict a food facility or a third-party food delivery platform from providing single-use foodware accessories or standard condiments to a consumer.

(i) A food facility is encouraged, but not required, to take actions in addition to the requirements of this section that support a goal of reducing the use of and waste generated by all single-use food service products.

history: (History: Amended by Stats. 2021, Ch. 505, Sec. 3. (AB 1276) Effective January 1, 2022.)

chapter: 5.2. Single-Use Foodware Accessories and Condiments


text:
(a) On or before June 1, 2022, a city, county, or city and county shall authorize an enforcement agency to enforce this chapter.

(b) The first and second violations of this chapter shall result in a notice of violation, and any subsequent violation shall constitute an infraction punishable by a fine of twenty-five dollars ($25) for each day in violation, but not to exceed three hundred dollars ($300) annually.

history: (History: Added by Stats. 2021, Ch. 505, Sec. 4. (AB 1276) Effective January 1, 2022.)


text:
This chapter does not apply to any of the following:

(a) Correctional institutions, which has the same meaning as in Section 7502 of the Penal Code.

(b) Health care facilities licensed pursuant to Article 1 (commencing with Section 1250) of Chapter 2 of Division 2 of the Health and Safety Code or facilities that are owned or operated by a health care service plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code.

(c) Residential care facilities licensed pursuant to Division 2 (commencing with Section 1200) of the Health and Safety Code.

(d) Public and private school cafeterias, as referenced in paragraph (1) of subdivision (b) of Section 113789 of the Health and Safety Code.

history: (History: Added by Stats. 2021, Ch. 505, Sec. 5. (AB 1276) Effective January 1, 2022.)


text:
(a) The Legislature finds and declares both of the following:

(1) In November 2016, voters approved Proposition 67, a statewide referendum to uphold Senate Bill 270 (Chapter 850 of the Statutes of 2014) that banned single-use carryout bags. As a result, most grocery stores, retail stores with a pharmacy, convenience food stores, foodmarts, and liquor stores no longer provide single-use, lightweight, plastic carryout bags to their customers at the point of sale.

(2) Senate Bill 270 (Chapter 850 of the Statutes of 2014) allowed the use of thicker plastic carryout bags that were deemed reusable if they met specified standards. These thicker plastic carryout bags were not generally reused by consumers and resulted in an increased amount of plastic and plastic waste.

(b) It is the intent of the Legislature to do all of the following:

(1) Support and reflect the will of California voters who voted to ban the distribution of plastic carryout bags at stores.

(2) Incentivize California consumers to bring their own reusable bag for carrying out store purchases, with stores encouraging and supporting this practice, which will reduce the costly and wasteful practice of relying on store-provided carryout bags.

(3) Support sustainable and thriving communities and natural environments that are not burdened with pollution from plastic production nor littered with plastic waste.

(4) Eliminate plastic film carryout bags from grocery store distribution and increase the recycling of paper carryout bags.

(5) Reduce the proliferation of plastic pollution by eliminating the existing provision of law that allows plastic film carryout bags to be distributed as reusable bags under the state’s bag ban.

history: (History: Added by Stats. 2024, Ch. 453, Sec. 1. (SB 1053) Effective January 1, 2025.)

chapter: 5.3. Single-Use Carryout Bags

path: 30. WASTE MANAGEMENT > 5.3. Single-Use Carryout Bags > 1. Legislative Findings and Declarations