text:
(a) A PRO shall review its plan at least every five years after approval by the department and determine whether revisions to the plan are necessary.

(b) If a PRO determines that revisions to the plan are necessary, the PRO shall submit to the department a revised plan for review and approval employing the procedures set forth in Section 42984.8. The stewardship organization shall submit the revised plan to the department pursuant to this subdivision at least 12 months prior to the review deadline outlined in subdivision (c). The revised plan shall include a cover letter that summarizes the revisions to the plan within 90 days of the review deadline outlined pursuant to subdivision (a).

(c) If a PRO determines that no revisions to the plan are necessary, the PRO shall send a letter to the department 12 months prior to the review deadline outlined in subdivision (a), explaining that the PRO has reviewed the plan and determined that no revisions are needed. The department may disapprove the PRO’s determination within 30 days of receipt of that determination if the department concludes that the PRO cannot implement the objectives of this chapter without revising the plan. If the department disapproves the PRO’s determination, the PRO shall submit to the department a revised plan for review and approval employing the procedures set forth in Section 42984.8. The PRO shall submit the revised plan pursuant to this subdivision within 60 days of receipt of the department’s disapproval, unless the department determines that additional time is needed.


kind: section

code: PRC

text:
(a) Each PRO shall pay all administrative and operational costs associated with establishing and implementing the program in which it participates, including, but not limited to, the cost of collection, transportation, sorting, repairing, recycling, and the safe and proper management of covered products.

(b) A PRO shall establish a method for fully funding the PRO in a manner that distributes the program’s costs among participating producers that reflects sales volumes and the eco-modulated fee criteria included in the plan pursuant to Section 42984.10. The funding mechanism shall demonstrate adequate funding for all administrative and operational costs of the program, to be borne by participating producers, and shall distribute participating producers’ costs in consideration of the cost of managing their specific covered products according to the approved plan.

(c) Within nine months of the effective date of the regulations, the department shall notify each PRO of its estimated regulatory costs as the criteria for those costs are defined in the regulations adopted pursuant to Section 42984.2, which includes full personnel costs, related to implementing and enforcing this chapter. This shall include the actual reasonable costs associated with regulation development pursuant to Section 42968.2 and other startup activities prior to plan submittal and approval.

(d) The PRO shall, on a schedule determined by the department, pay the department fees to cover the department’s incurred costs as described in subdivision (c). The fees shall not exceed the department’s actual and reasonable regulatory costs to implement and enforce this chapter.

(e) (1) The department shall deposit all moneys received from a PRO pursuant to this section into the Textile Stewardship Recovery Fund, which is hereby established in the State Treasury.

(2) Upon appropriation by the Legislature, moneys in the Textile Stewardship Recovery Fund shall be expended by the department to implement and enforce this chapter, as well as to reimburse any outstanding loans made from other funds used to finance regulation, development, and startup costs of the department’s activities pursuant to this chapter.

(3) The money in the Textile Stewardship Recovery Fund shall not be expended for any other purpose.

history: (History: Added by Stats. 2024, Ch. 864, Sec. 1. (SB 707) Effective January 1, 2025.)

division: 30. WASTE MANAGEMENT

article: 5. Financial Provisions

path: 30. WASTE MANAGEMENT > 20.5. Responsible Textile Recovery Act of 2024 > 5. Financial Provisions


text:
(a) Upon approval of the PRO’s plan, the PRO shall charge each participant producer annual fees that are eco-modulated as described in the plan. The intent of the eco-modulated fee is to incentivize design choices that facilitate the achievement of goals as outlined in the plan, including reuse, repair, and recycling through reduced fees, while using malus fees to disincentivize practices and materials incongruent with the plan. The PRO shall consider existing producer collection, repair, reuse, and recycling programs in developing the eco-modulated fee structure.

(b) The PRO shall account for the costs to ensure each covered product and covered product category meet the requirements of the chapter, including minimization of environmental and public health impacts along the entire supply chain of covered products or covered product category.

chapter: 20.5. Responsible Textile Recovery Act of 2024

article: 5. Financial Provisions


text:
(a) A PRO shall keep board minutes, books, and records that clearly reflect the activities and transactions of the PRO.

(b) A PRO shall include in its plan a process by which the financial activities of the organization or individual producers that are related to implementation of the plan will be subject to an independent audit consistent with generally accepted accounting principles (GAAP), which shall be reviewed by the department.

(c) The department may audit the PRO or individual producer annually.

(d) Failure of a PRO or producer, or their respective agent who holds records, to produce documents or data that is requested by the department, required to be collected or generated to carry out operation of the plan in the form and manner determined by the department, as part of a department audit, or review of a third-party audit, constitutes a violation of this chapter.

article: 6. Records, Audits, and Reports

path: 30. WASTE MANAGEMENT > 20.5. Responsible Textile Recovery Act of 2024 > 6. Records, Audits, and Reports


text:
(a) A PRO shall retain an independent public accountant, certified in the United States, to annually audit the accounting books of the PRO. The department shall review the independent certified public accountant audit for compliance with this chapter and consistency with the PRO’s plan and annual report, submitted pursuant to this chapter. After the department conducts its own audit, the department shall notify the PRO of any conduct or practice that does not comply with this chapter or of any inconsistencies identified in the audit. The PRO may obtain copies of the department’s audit, including proprietary information contained in the department’s audit, upon request, and withhold from disclosure confidential proprietary information to the extent allowed under Section 1040 of the Evidence Code and Section 7929.000 of the Government Code. The items submitted to the department as part of the independent audit shall include:

(1) Financial statements audited in accordance with generally accepted accounting principles (GAAP).

(2) An audit of the PRO’s compliance with this chapter.

(3) An audit of the PRO’s adherence to, execution of, and consistency with its plan.

(b) The PRO shall include the independent audit in its annual report submitted to the department pursuant to Section 42984.17 commencing within 18 months of plan approval by the department. The department shall review the audit for compliance with this chapter and consistency with the PRO’s plan.

article: 6. Records, Audits, and Reports


text:
A PRO shall annually submit to the department, in the form and manner and by the date determined by the department, an annual report and make that report publicly available on the PRO’s internet website. The report shall include at minimum, all of the following information for the preceding calendar year unless otherwise specified:

(a) The PRO’s costs, according to the cost categories established in the plan, and revenues.

(b) A summary of any anticipated changes to allocations in cost categories for the next calendar year.

(c) Any changes to the distribution of a participating producer’s costs.

(d) The amounts of the eco-modulated fees based on the criteria established pursuant to subdivision (b) of Section 42984.14 and the PRO’s evaluation of the effectiveness of the eco-modulated fees.

(e) An updated list of producers participating in the plan and an updated list of the names and contact information, including email address, telephone number, and physical and mailing addresses of producers and brands of covered products covered under the plan.

(f) A list of the PRO’s collection sites, by name, location, and type.

(g) (1) The amount of covered products sold in or into the state by the producers covered by the PRO’s plan.

(2) The amount described in paragraph (1) shall be broken down by fiber type category and Harmonized Tariff Schedule of the United States (HTS) number.

(h) The total weight of covered products, respectively, that were collected, broken down by fiber type categories.

(i) The total weight of covered products, by category, that were collected and deemed reusable by each respective authorized collector and authorized sorter.

(j) A list of each authorized sorter, authorized repair business, and covered product recycling facility used by the PRO, including both of the following:

(1) Name and location.

(2) Total weight of covered products handled by each location.

(k) The total weight and number of covered products sold in or into the state attributed to a producer, who is a registered participant of the PRO’s plan, which are collected in the state and reused or recycled by the PRO, including a description of the methodology and information used to determine and calculate these values.

(l) A complete accounting of the ultimate disposition of all covered products collected by the PRO, including the total weight of covered products that were repaired and recycled.

(m) Metrics and a description of the progress toward attaining the performance standards included in the plan.

(n) A description of methods used to collect, transport, repair, and recycle covered products by the PRO, including a description of all of the following:

(1) How the PRO handled and managed covered products according to the waste hierarchy as defined in Section 40051.

(2) How the PRO maximized reuse and recycling of all covered products.

(3) How the PRO minimized disposal of all covered products collected by the PRO.

(4) Results of the PRO’s assessment of the efficacy of the collection, sorting, and transportation process.

(o) A description of how the PRO provided incentive payments, grants, and market development investments to support the infrastructure necessary to effectively implement the plan, including how incentive payments, grants, and market development investments prioritized infrastructure closer to the point of generation.

(p) A description of outreach efforts and education, including, but not limited to, the PRO’s evaluation of the efficacy of the comprehensive statewide education and outreach program pursuant to subdivision (g) of Section 42984.10.

(q) A description of how the PRO coordinated with other PROs and entities pursuant to subdivision (j) of Section 42984.10.

(r) A report on activities the PRO has undertaken to prioritize the use of sorting and recycling facilities located closer to the point of generation to minimize transportation emissions and increase accountability for the ultimate disposition of collected covered products.

(s) An analysis of whether the PRO met performance standards established by the PRO pursuant to subdivision (c) of Section 42984.10 or by the department pursuant to Section 42984.19.

(t) A description of how the PRO addressed the presence of PFAS and other chemicals regulated under Chapter 6.6 (commencing with Section 25249.5) of Division 20 of the Health and Safety Code and Chapter 12.5 (commencing with Section 108945) of, and Chapter 13.5 (commencing with Section 108970) of, Part 3 of Division 104 of the Health and Safety Code, including, but not limited to, the actions taken and investments made to avoid contamination in the recycling process, and the availability of end markets for recycled material that could not be remanufactured into textiles or textile articles in California.

(u) Any other information deemed relevant by the PRO for the department to determine compliance with the approved plan.

(v) Any other information required by regulations adopted pursuant to Section 42984.2.

article: 6. Records, Audits, and Reports


text:
(a) No later than 120 days after the date the department receives the annual report submitted by a PRO pursuant to Section 42984.17, the department shall notify the PRO if the annual report is compliant or noncompliant.

(b) If the department determines that the annual report is noncompliant due to failure to meet the requirements of this chapter, the department may require the resubmittal of the annual report or take enforcement action.

article: 6. Records, Audits, and Reports


text: After March 1, 2032, the department may establish, review, and may adjust performance standards and the dates by which they are required to be achieved based on information included in the plan and annual reports, other information provided by the PRO, department waste characterization studies, needs assessment, and economic and any other relevant information, as determined by the department.

article: 7. Department Responsibilities

path: 30. WASTE MANAGEMENT > 20.5. Responsible Textile Recovery Act of 2024 > 7. Department Responsibilities


text:
(a) Within 12 months of the effective date of regulations pursuant to Section 42984.2, and on or before July 1 of each year thereafter, the department shall post on its internet website a list of producers that are in compliance with this chapter. The department shall list, as appropriate, the reported brands of covered products for each producer.

(b) A producer that is not listed on the department’s internet website pursuant to subdivision (a) that demonstrates compliance with this chapter before the next list is posted by the department may either be added to the internet website or be provided a certification letter from the department stating that the producer of a covered product is in compliance with this chapter. The department’s list of compliant entities shall be available on the department’s internet website in a machine-readable format.

(c) (1) A retailer, importer, distributor, or online marketplace shall monitor the department’s internet website where compliant producers are posted, as provided in subdivision (a), to determine if a producer, brand, or covered product is in compliance with this chapter for that producer of covered products.

(2) Except as provided in subdivision (d), on and after the date a plan is approved by the department pursuant to Section 42984.8, a retailer, importer, distributor, or online marketplace shall not sell, distribute, offer for sale, or import a covered product in or into the state for sale in the state unless the producer of the covered product is listed as in compliance pursuant to this section for that brand and covered product.

(d) (1) Notwithstanding paragraph (2) of subdivision (c), a retailer, importer, distributor, or online marketplace may sell, offer for sale, import, or distribute a covered product if the retailer, importer, distributor, or online marketplace has fulfilled the obligations for those covered products which the retailer, importer, distributor, or online marketplace sells, offers for sale, imports, or distributes pursuant to paragraph (6) of subdivision (s) of Section 42984.3.

(2) Notwithstanding paragraph (2) of subdivision (c), a retailer, importer, distributor, or online marketplace may sell, offer for sale, import, or distribute a covered product if, on the date the retailer or distributor sells or offers for sale the covered product in or into the state, the producer, brand, or covered product was listed as compliant on the department’s internet website.

(3) Notwithstanding paragraph (2) of subdivision (c), a retailer or distributor may, for any existing inventory in stock before the initial list was posted by the department pursuant to subdivision (a), sell or distribute that inventory for sale in or into the state.

(e) (1) If the department determines a producer is not in compliance with this chapter, the department shall remove the producer, along with its brands and covered products, from the list of compliant producers posted on the department’s internet website pursuant to subdivision (a).

(2) The department shall list on its internet website a producer, along with its brands and covered products, if the department subsequently determines that the producer is in compliance with this chapter.

article: 8. Enforcement and Civil Penalties

path: 30. WASTE MANAGEMENT > 20.5. Responsible Textile Recovery Act of 2024 > 8. Enforcement and Civil Penalties


text:
(a) An administrative civil penalty up to the following amounts may be administratively imposed by the department on any person who is in violation of any provision of this chapter:

(1) Ten thousand dollars ($10,000) per day.

(2) Fifty thousand dollars ($50,000) per day if the violation is intentional or knowing.

(b) In assessing or reviewing the amount of a civil penalty imposed pursuant to subdivision (a) for a violation of this chapter, the department or the court shall consider all of the following:

(1) The nature and extent of the violation.

(2) The number and severity of the violation or violations.

(3) The economic effect of the penalty on the violator.

(4) Whether the violator took good faith measures to comply with this chapter and the period of time over which these measures were taken.

(5) The willfulness of the violator’s misconduct.

(6) The deterrent effect that the imposition of the penalty would have on both the violator and the regulated community.

(7) Any other factor that justice may require.

(c) The department shall establish, through regulations adopted pursuant to Section 42984.2, a process that shall include an informal hearing process by which the penalties will be assessed.

(d) The department shall deposit all penalties collected pursuant to this section into the Textile Stewardship Recovery Penalty Account, which is hereby created in the Textile Stewardship Recovery Fund. Upon appropriation by the Legislature, moneys in the Textile Stewardship Recovery Penalty Account shall be available for expenditure by the department on activities related to the collection and recycling of covered products, grants for related purposes, and the administration and enforcement of this chapter.

(e) The Administrative Adjudication Bill of Rights, as set forth in Article 6 (commencing with Section 11425.10) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of the Government Code, applies to hearings conducted under this chapter and mandates minimum due process.

history: (History: Amended by Stats. 2025, Ch. 67, Sec. 175. (AB 1170) Effective January 1, 2026.)

article: 8. Enforcement and Civil Penalties


text:
Upon a written finding that a producer, PRO, manufacturer, distributor, retailer, or importer site has not met a material requirement of this chapter, in addition to any other penalties authorized under this chapter, the department may take one or both of the following actions to ensure compliance with the requirements of this chapter, after affording the entity a reasonable opportunity to respond to, or rebut, the finding, take any of the following actions to ensure compliance with the requirements of this chapter:

(a) Revoke the PRO’s plan approval or require the PRO to resubmit the plan.

(b) Require additional reporting relating to compliance with the material requirement of this chapter that was not met.

article: 8. Enforcement and Civil Penalties


text:
(a) A producer, PRO, manufacturer, distributor, retailer, or importer shall do both of the following:

(1) Upon request, provide the department with reasonable and timely access, as determined by the department, to its facilities and operations, as necessary to determine compliance with this chapter.

(2) Upon request, within 14 days, provide the department with relevant records necessary to determine compliance with this chapter.

(b) The records required by this chapter shall be maintained and accessible for five years. All reports and records provided to the department pursuant to this chapter shall be provided under penalty of perjury.

(c) (1) The department may impose administrative civil penalties pursuant to Section 42984.21 on a producer, PRO, manufacturer, distributor, retailer, or importer that fails to provide the department with the access required pursuant to this section.

(2) The department may post a notice on the department’s internet website that is maintained pursuant to Section 42984.20 that a producer that fails to provide the department with access pursuant to this section, along with the producer’s brands and covered products, is no longer in compliance with this chapter.

article: 8. Enforcement and Civil Penalties


text: After the time for judicial review under Section 11523 of the Government Code has expired, the department may apply to the small claims court or superior court, depending on the jurisdictional amount and any other remedy sought, in the county where the penalties, restitution, or other remedy was imposed by the department, for a judgment to collect any unpaid civil penalties or restitution or to enforce any other remedy provided by this chapter. The application, which shall include a certified copy of the final agency order or decision, shall constitute a sufficient showing to warrant the issuance of the judgment. The court clerk shall enter the judgment immediately in conformity with the application. The judgment so entered shall have the same force and effect as and shall be subject to all the provisions of law relating to a judgment in a civil action and may be enforced in the same manner as any other judgment of the court. The court shall make enforcement of the judgment a priority.

article: 8. Enforcement and Civil Penalties


text:
(a) Except as provided in subdivision (c), an action specified in subdivision (b) that is taken by a PRO that relates to any of the following is not a violation of the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), the Unfair Practices Act (Chapter 4 (commencing with Section 17000) of Part 2 of Division 7 of the Business and Professions Code), or the Unfair Competition Law (Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code).

(b) Subdivision (a) applies to all of the following actions taken by a PRO:

(1) The creation, implementation, or management of a plan approved by the department pursuant to Article 4 (commencing with Section 42984.8) and the determination of the types or quantities of covered products repaired, reused, recycled, or otherwise managed pursuant to a plan.

(2) The determination of the cost and structure of an approved plan.

(3) The establishment, administration, collection, or disbursement of a charge associated with funding the implementation of this chapter.

(c) Subdivision (a) does not apply to an agreement that does any of the following:

(1) Fixes a price of or for covered products, except for an agreement related to costs or charges associated with participation in a plan approved by the department and otherwise in accordance with this chapter.

(2) Fixes the output or production of covered products.

(3) Restricts the geographic area in which, or customers to whom, covered products will be sold.

article: 9. Antitrust Immunity

path: 30. WASTE MANAGEMENT > 20.5. Responsible Textile Recovery Act of 2024 > 9. Antitrust Immunity


text: This chapter does not grant a city, county, city and county, special district, or joint powers authority any new authority over solid waste hauling operations pursuant to a franchise agreement and does not affect, limit, or abrogate in any manner any franchise granted to a solid waste enterprise for the handling of solid waste.

article: 10. County Authority

path: 30. WASTE MANAGEMENT > 20.5. Responsible Textile Recovery Act of 2024 > 10. County Authority


text:
An online marketplace shall annually do the following in accordance with regulations adopted by the department pursuant to Section 42984.2:

(a) (1) Notify the department and the PRO of all third-party sellers with sales of covered products over one million dollars ($1,000,000) sold on their online marketplace in the preceding year and provide all required information. If a third-party seller does not have any sales in California during the preceding year then the online marketplace shall not provide their information to the department.

(2) The amount of sales described in paragraph (1) includes only those transactions through the online marketplace for which payment is processed by the online marketplace directly or through its payment processor.

(b) Provide all third-party sellers described in (a) with the information on requirements of law as provided by the PRO pursuant to paragraph (8) of subdivision (g) of Section 42984.10.

article: 11. Online Marketplace

path: 30. WASTE MANAGEMENT > 20.5. Responsible Textile Recovery Act of 2024 > 11. Online Marketplace


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

(1) In order to reduce illegal dumping, increase recycling, and substantially reduce public agency costs for the end-of-life management of used mattresses, the Used Mattress Recovery and Recycling Act is hereby established by this chapter to require manufacturers of mattresses sold in this state to develop, finance, and implement a convenient and cost-effective program to recover and recycle used mattresses generated in this state.

(2) The program developed and implemented by manufacturers of mattresses sold in this state shall strive for the maximum feasible level of recovery and recycling of used mattresses generated in support of the statewide goal that at least 75 percent of all solid waste be recycled by January 1, 2020.

(b) It is the intent of the Legislature in enacting this chapter that consumers have the opportunity to drop off their used mattresses free of charge and that this chapter will not undermine existing used mattress recycling, resale, refurbishing, and reuse operations that are in compliance with state and federal law.

history: (History: Added by Stats. 2013, Ch. 388, Sec. 1. (SB 254) Effective January 1, 2014.)

path: 30. WASTE MANAGEMENT > 21. Used Mattress Recovery and Recycling Act


text: This chapter shall be known, and may be cited, as the Used Mattress Recovery and Recycling Act.

chapter: 21. Used Mattress Recovery and Recycling Act


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

(a) (1) “Consumer” means an owner of a mattress, including a person, business, corporation, limited partnership, nonprofit organization, or governmental entity, and including the ultimate purchaser, owner, or lessee of a mattress.

(2) “Consumer” does not include a government organization or other party that obtains one or more used mattresses in the course of collecting used mattresses for recycling for purposes of this chapter, or through the ordinary collection and handling of municipal solid waste.

(b) “Distributor” means a company that has a contractual relationship with one or more manufacturers to market and sell mattresses to retailers.

(c) “Foundation” means a ticking-covered structure used to support a mattress or sleep surface. The structure may include constructed frames, foam, box springs, or other materials, used alone or in combination.

(d) “Good faith effort” means all reasonable and economically practical efforts by a mattress recycling organization to implement the components identified in its approved plan consistent with its annual budget.

(e) “Importer” means a party qualifying as an “importer of record” for purposes of Section 1484(a)(2)(B) of Title 19 of the United States Code, with regard to the import of a finished mattress sold in the state that was manufactured or assembled by a company outside the United States.

(f) (1) “Manufacturer” means any of the following:

(A) The person who manufactures a mattress and who sells, offers for sale, or distributes a mattress in the state.

(B) If there is no person who is a manufacturer of a mattress for purposes of subparagraph (A), the manufacturer is the person who imports the mattress into the state for sale or distribution.

(2) Except as provided pursuant to paragraph (2) of subdivision (b) of Section 42987, a retailer that brings a mattress into its store locations from an out-of-state warehouse or distribution center is not a manufacturer.

(g) (1) “Mattress” means a resilient material or combination of materials that is enclosed by a ticking, is used alone or in combination with other products, and is intended for or promoted for sleeping upon.

(2) “Mattress” includes a foundation, a renovated mattress or renovated foundation, and a futon mattress.

(3) “Mattress” does not include the following:

(A) An unattached mattress pad or unattached mattress topper, including items with resilient filling, with or without ticking, intended to be used with or on top of a mattress.

(B) A sleeping bag or pillow.

(C) A car bed, crib, or bassinet mattress.

(D) Juvenile products, including a carriage, basket, dressing table, stroller, playpen, infant carrier, lounge pad, or crib bumper, and the pads for those juvenile products.

(E) A product containing liquid- and gaseous-filled ticking, including a water bed and air mattress that does not contain upholstery material between the ticking and the mattress core.

(F) Upholstered furniture that does not otherwise contain a detachable mattress or that is a fold out sofa bed, sleeper sofa, or folding cot.

(h) “Mattress recycling organization” or “organization” means an organization exempt from taxation under Section 501(c)(3) of the Internal Revenue Code of 1986, that is established by a qualified industry association, composed of manufacturers, renovators, and retailers, and certified pursuant to Section 42987, to develop, implement, and administer the mattress recycling program established pursuant to this chapter.

(i) “Used mattress recovery and recycling plan” or “plan” means the plan for recycling used mattresses that is developed by the mattress recycling organization pursuant to this chapter.

(j) “Program” or “used mattress recycling program” means the program implemented by the mattress recycling organization pursuant to a plan approved by the department.

(k) “Qualified industry association” means the International Sleep Products Association or a successor of that organization, or a group of mattress manufacturers that collectively represent at least 35 percent of the volume of mattresses manufactured in the United States.

(l) “Recycle” or “recycling” has the same meaning as defined in Section 40180.

(m) “Recycler” means a person that engages in the manual or mechanical separation of mattresses to substantially recover components and commodities contained in mattresses for the purpose of reuse or recycling.

(n) “Recycling charge” or “charge” means the charge imposed on the sale of a new or renovated mattress at the point of sale and collected by the organization to fund the recycling of used mattresses pursuant to this chapter.

(o) (1) “Renovate” or “renovation” means altering a used mattress for the purpose of resale and includes one or more of the following:

(A) Replacing the mattress, ticking, or filling.

(B) Adding additional filling.

(C) Rebuilding a used mattress.

(D) Replacing components with new or postconsumer materials unless the material is a clean recycled material, consists of used electronic parts or controls, or is a used mattress base that is not covered by ticking.

(2) “Renovate” or “renovation” does not include any of the following:

(A) Stripping a mattress of its ticking or filling without adding new material.

(B) Sterilizing or sanitizing a mattress without otherwise altering the mattress.

(C) Altering a mattress by a renovator when a person retains the altered mattress for lease, rental, or personal use.

(D) Refurbishing that disqualifies a mattress for a yellow wholesale renovator tag to be affixed to the mattress, in accordance with the regulations adopted by the Department of Consumer Affairs.

(p) “Renovator” means a person who renovates used mattresses for the purpose of sale, or offering for sale, in this state.

(q) “Retailer” means a person who sells mattresses in the state or offers to a consumer a mattress in the state through any means, including, but not limited to, by remote offering, including sales outlets or catalogs, electronically through the internet, by telephone, or through the mail.

(r) “Sale” or “sell” means the transfer of title of a mattress for consideration, including by a manufacturer, a distributor, or a retailer for eventual consumption to a consumer in the state, including remote sales conducted through sales outlets, catalogs, or the internet or any other similar electronic means. For purposes of this chapter, a long-term lease of not less than 12 months is the same as a sale.

(s) “Solid waste facility” means, for purposes of this chapter, a solid waste facility as defined in Section 40194 that accepts, under its normal operating conditions, used mattresses for collection, storing, and handling, whether for recycling or disposal.

(t) (1) “Ticking” means the outermost layer of fabric or related material of a mattress.

(2) “Ticking” does not include another layer of fabric or related material that is quilted together with, or otherwise attached to, the outermost layer of fabric or related material.

(u) “Used mattress” means a mattress that has been abandoned or discarded by a consumer.

history: (History: Amended by Stats. 2019, Ch. 673, Sec. 1. (AB 187) Effective January 1, 2020.)

article: 1. Definitions

path: 30. WASTE MANAGEMENT > 21. Used Mattress Recovery and Recycling Act > 1. Definitions


text:
(a) (1) A qualified industry association or a successor organization may establish a mattress recycling organization for purposes of this chapter, which shall be composed of manufacturers, renovators, and retailers and be certified pursuant to this section to develop, implement, and administer the mattress recycling program established pursuant to this chapter.

(2) Within 60 days of receipt of a request for certification, the department shall notify the requesting qualified industry association of the department’s decision whether or not to certify that a mattress recycling organization has been established by the qualified industry association or successor organization and is composed of manufacturers, renovators, and retailers for purposes of establishing the mattress recycling plan.

(3) (A) Prior to certification by the department, the department’s director shall appoint an advisory committee to be part of the mattress recycling organization.

(B) The advisory committee may be composed of members of the environmental community, solid waste industry, and local government public and private representatives involved in the collection, processing, and recycling of used mattresses, and other interested parties.

(C) (i) The mattress recycling organization shall consult the advisory committee at least once during the development and implementation of the plan required pursuant to Section 42987.1, and annually prior to the submission of both an annual report required pursuant to Section 42990.1 and an annual budget required pursuant to Section 42988.

(ii) For purposes of being consulted pursuant to this subparagraph, the advisory committee shall prepare specific written recommendations at a publicly scheduled and noticed meeting of the advisory committee that are approved by a majority of the advisory committee’s members pursuant to a rollcall vote and included in the official approved minutes of the meeting. The organization shall consider and respond to those written recommendations in writing.

(b) (1) Each manufacturer, renovator, distributor, and retailer shall register with the mattress recycling organization.

(2) A retailer may register with the mattress recycling organization as a manufacturer for a brand for which there is not a registered manufacturer.

(c) A retailer shall not sell, distribute, or offer for sale a mattress in the state unless the retailer is in compliance with this chapter and the manufacturer or renovator of the mattress sold by the retailer is listed in compliance with this chapter.

(d) A manufacturer, renovator, or distributor shall not sell, offer for sale, or import a mattress in this state, or sell or distribute a mattress to a distributor or retailer, unless the manufacturer, renovator, or distributor is in compliance with this chapter.

history: (History: Amended by Stats. 2019, Ch. 673, Sec. 2. (AB 187) Effective January 1, 2020.)

article: 2. Mattress Recycling Plan

path: 30. WASTE MANAGEMENT > 21. Used Mattress Recovery and Recycling Act > 2. Mattress Recycling Plan


text:
On or before July 1, 2015, the mattress recycling organization shall develop and submit to the department a plan for recycling used mattresses in the state in an economically efficient and practical manner that includes all of the following goals and elements:

(a) Program objectives consistent with the state’s solid waste management hierarchy.

(b) The names of manufacturers, renovators, distributors, and brands covered under the plan.

(c) A consultation process with affected stakeholders, including, but not limited to, local government representatives, recyclers, and solid waste industry representatives.

(d) Methods to increase the number of used mattresses diverted from landfills, reduce the number of illegally dumped used mattresses, and increase the quantity of used materials recovered through this process and recycled for other uses.

(e) (1) The establishment and administration of a means for funding the plan in a manner that distributes the mattress recycling organization’s costs uniformly over all mattresses sold in the state.

(2) The funding mechanism shall provide sufficient funding for the mattress recycling organization to carry out the plan, including the administrative, operational, and capital costs of the plan.

(f) The publishing of an annual report for each calendar year of operation.

(g) Conducting research, as needed, related to improving used mattress collection, dismantling, and recycling operations, including pilot programs to test new processes, methods, or equipment on a local, regional, or otherwise limited basis.

(h) A program performance measurement that shall collect program data for the purpose of the annual report. The information shall include both of the following:

(1) A methodology for estimating the amount of mattresses sold in the state and used mattresses available for collection in the state, and for quantifying the number of used mattresses collected and recycled in the state.

(2) A methodology for determining mattresses sold in the state by the manufacturers and renovators of the mattress recycling organization.

(i) A description of methods used to coordinate activities with existing used mattress collecting and recycling programs, including existing nonprofit mattress recyclers, and with other relevant parties as appropriate, with regard to the proper management or recycling of discarded or abandoned mattresses, for purposes of providing the efficient delivery of services and avoiding unnecessary duplication of effort and expense.

(j) Entering into contracts or agreements, which may include contracts and agreements with existing nonprofit or for-profit recyclers, that are necessary and proper for the mattress recycling organization to carry out these duties consistent with the terms of this chapter.

(k) Establishing a financial incentive to encourage parties to collect for recycling used mattresses discarded or illegally dumped in the state.

(l) Ensuring, to the maximum extent possible, that urban and rural local governments and participating permitted solid waste facilities and authorized solid waste operations that accept mattresses are provided with a mechanism for the recovery of illegally disposed used mattresses that is funded at no additional cost to the local government, solid waste facility, or solid waste operation.

(m) Developing strategies, in consultation with the California Environmental Protection Agency’s Environmental Justice Task Force and other relevant parties, for collecting used mattresses for recycling in areas and communities that face unique challenges associated with proper waste management such as poverty, language barriers, and illegal mattress dumping.

(n) Providing outreach efforts and education to consumers, manufacturers, and retailers, for the purpose of promoting the recycling of used mattresses and options available to consumers for the free dropoff or collection of used mattresses.

(o) A provision that allows an individual to drop off, at no charge, a mattress at a recycler, renovator, mattress recycling center, permitted solid waste facility, authorized solid waste operation, or other municipal facility that accepts mattresses consistent with state solid waste regulations, and that provides for the payment to a municipal or solid waste facility or operation that accepts mattresses an amount determined by the municipal or solid waste facility or operation and the mattress recycling organization to be reasonable for accepting, collecting, storing, transporting, and handling used mattresses.

(p) Ensuring that the impact of Article XIII C of the California Constitution is addressed for local governments participating in the program.

(q) A report from the advisory committee, established pursuant to paragraph (3) of subdivision (a) of Section 42987, that includes a summary of the consultative process between the advisory committee and the mattress recycling organization during the development of, and any updates to, the plan, as well as any other information deemed pertinent by the advisory committee to maximizing the recovery and recycling of used mattresses in the state.

(r) A contingency plan in the event the department decertifies the mattress recycling organization, or a mattress recycling plan expires, is disapproved, or is revoked. The contingency plan shall describe how the plan objectives can be carried out, in accordance with subdivision (c) of Section 42989.3, in the absence of a plan, either by the mattress recycling organization, or by the department through some entity such as an escrow company.

(s) Other information requested by the department that is reasonably related to compliance with the recycling plan and that the organization can reasonably compile.

history: (History: Amended by Stats. 2019, Ch. 673, Sec. 3. (AB 187) Effective January 1, 2020.)

article: 2. Mattress Recycling Plan


text:
(a) During calendar year 2020, and at least once every five years thereafter, the mattress recycling organization shall review the plan and determine whether amendments to the plan are necessary.

(b) If the organization determines amendments to the plan are necessary, it shall amend the plan, subject to the approval process in Section 42987.3.

(c) If the organization determines that no amendments to the plan are necessary, it shall send a letter to the department explaining that the organization has reviewed the plan and determined no revisions are needed. The department may disapprove the organization’s determination within 30 days of that determination if it concludes that the organization cannot implement the objectives of this chapter without amending the plan.

history: (History: Added by Stats. 2019, Ch. 673, Sec. 4. (AB 187) Effective January 1, 2020.)

article: 2. Mattress Recycling Plan


text: In preparing the plan pursuant to Section 42987.1 and any updates to the plan pursuant to Section 42987.1.5, the mattress recycling organization shall consult with interested stakeholders, which shall include, but not be limited to, local government representatives, recyclers, and solid waste industry representatives.

history: (History: Amended by Stats. 2019, Ch. 673, Sec. 5. (AB 187) Effective January 1, 2020.)

article: 2. Mattress Recycling Plan


text:
(a) The department shall review the plan for compliance with this chapter and shall approve, disapprove, or conditionally approve the plan within 90 days of receipt of the plan. If the department fails to act within 90 days of the receipt of the plan, the plan shall be deemed approved.

(b) If the department disapproves the plan pursuant to subdivision (a), the department shall explain, in writing, how the plan does not comply with this chapter, and the mattress recycling organization shall resubmit a plan to the department. If the department finds that the plan resubmitted by the organization does not comply with the requirements of this chapter, the mattress recycling organization shall not be deemed in compliance with this chapter until the organization submits a plan that the department finds complies with the requirements of this chapter.

(c) The approved plan shall be a public record, except that financial, production, or sales data reported to the department by the mattress recycling organization is not public record for purposes of the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) and shall not be open to public inspection. The department may release financial, production, or sales data in summary form only so the information cannot be attributable to a specific manufacturer or retailer or to any other entity.

history: (History: Amended by Stats. 2021, Ch. 615, Sec. 393. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)

article: 2. Mattress Recycling Plan


text: Within 90 days after approval or conditional approval by the department of the plan, the mattress recycling organization shall implement the approved plan.

article: 2. Mattress Recycling Plan


text:
(a) (1) On or before January 1, 2018, based on methodology contained in the plan and information contained in the first annual report, the department, in consultation with the organization, and after taking into consideration relevant economic and practical considerations and other information, shall establish and make public the following:

(A) The state mattress recycling baseline amount.

(B) The state mattress recycling goals.

(C) On or before July 1, 2020, metrics and goals for increasing consumer convenience for used mattress dropoff, disposal, and recycling in a way that, notwithstanding this subdivision, applies to the entire state regardless of socioeconomic conditions.

(D) On or before January 1, 2021, convenience goals to be effective January 1, 2022, specific to each of the following:

(i) (I) Consumer access to the program, including at least one permanent mattress dropoff location in each county. The requirement to have at least one permanent mattress dropoff location in each county shall not apply to a county with a population of less than 2,000 people as long as the organization continues to provide at least two collection events in the county each year. The department may require additional dropoff locations to ensure that consumers have sufficient convenient access to dropoff locations.

(II) The mattress recycling organization shall provide no-cost freight services to any mattress retailer, health care facility, educational facility, military base, or lodging establishment that has at least 100 used mattresses to pick up at one time.

(ii) Retailer access to the program.

(2) When calculating the state mattress recycling goals, the department shall include renovated mattresses.

(b) Beginning July 1, 2019, and annually thereafter, the annual report required pursuant to Section 42990.1 shall demonstrate the mattress recycling organization’s good faith effort to comply with the goals established pursuant to this section.

(c) On or before July 1, 2020, and every four years thereafter, the department shall review, including reviewing for consistency with Section 41780.01, and update as necessary, the baseline amount and goals to ensure that the program advances these goals.

history: (History: Amended by Stats. 2019, Ch. 673, Sec. 6. (AB 187) Effective January 1, 2020.)

article: 2. Mattress Recycling Plan


text:
On or before July 1 of each year, the mattress recycling organization shall prepare and submit to the department a proposed used mattress recycling program budget for the following calendar year that includes all of the following:

(a) Anticipated revenues and costs of implementing the program, including related programs, projects, contracts, and administrative expenses.

(b) A recommended funding level sufficient to cover the plan’s budgeted costs and to operate the mattress recycling program in a prudent and responsible manner.

(c) The amount of the mattress recycling charge and itemization of costs that each charge covers.

(d) Additional information that the department deems necessary to determine whether the budget meets the requirements of this chapter.

history: (History: Amended by Stats. 2019, Ch. 673, Sec. 7. (AB 187) Effective January 1, 2020.)

article: 3. Budget

path: 30. WASTE MANAGEMENT > 21. Used Mattress Recovery and Recycling Act > 3. Budget


text:
(a) Within 90 days of submittal, the department shall conditionally approve, approve, or disapprove a final used mattress recycling program budget. If the department fails to act or does not disapprove a final used mattress recycling program budget, the budget shall be deemed approved.

(b) (1) If the department conditionally approves or disapproves the budget, the mattress recycling organization shall resubmit a revised budget addressing the department’s written reasons for its decision within 30 days of the conditional approval or disapproval.

(2) The department, within 60 days from the date the mattress recycling organization resubmits a revised budget, shall approve or disapprove a final used mattress recycling program budget. If the department fails to act or does not disapprove a final program budget within those 60 days, the budget shall be deemed approved.

(c) If the department disapproves a revised budget submitted pursuant to paragraph (1) of subdivision (b), the organization may submit only one additional revised budget, subject to review in accordance with paragraph (2) of subdivision (b).

(d) Until a budget has been approved or deemed approved pursuant to this section, the mattress recycling organization shall make expenditures consistent with the most recently department-approved budget until a new budget has been approved or deemed approved by the department.

history: (History: Amended by Stats. 2019, Ch. 673, Sec. 8. (AB 187) Effective January 1, 2020.)

article: 3. Budget


text:
(a) The department shall notify the mattress recycling organization of the department’s costs that are directly related to implementing and enforcing this chapter relating to the mattress recycling organization’s activities. This may include the direct costs associated with regulatory development prior to submittal of the plan required pursuant to Section 42987.1.

(b) On or before July 1, 2016, and once every three months thereafter, and within the fiscal year ending June 30, the mattress recycling organization shall reimburse the department for costs the department incurs pursuant to subdivision (a). The reimbursement shall not exceed the department’s direct costs to implement and enforce this chapter.

(c) The department shall deposit all moneys submitted for reimbursement costs by the mattress recycling organization pursuant to this section into the Used Mattress Recycling Fund, which is hereby established in the State Treasury. Upon appropriation by the Legislature, moneys in the fund shall be expended by the department to administer and enforce this chapter, as well as reimburse any outstanding loans made from other funds used to finance startup costs of the department’s activities pursuant to this chapter. The funds collected pursuant to this section shall not be expended for any other purpose.

article: 3. Budget


text:
(a) On and after January 1, 2021, the mattress recycling organization shall identify strategies in its annual proposed budget to comply, commencing January 1, 2027, with the reserve requirements specified in this section.

(b) Commencing January 1, 2027, the mattress recycling organization shall not maintain total reserves exceeding 60 percent of its annual operating expenses, consistent with the requirements of the Financial Accounting Standards Board’s Accounting Standards Update 2016-14, Not-for-Profit Entities (Topic 958), and any future updates to that standard.

(c) The department, in approving the annual budget, may authorize the total reserves to be increased to up to 75 percent of the organization’s annual operating expenses if the department determines the increase is necessary to implement the requirements of this chapter.

(d) If the mattress recycling organization’s reserves exceed the amount specified in subdivision (b) or (c), the department may require the organization to increase spending on implementing the requirements of this chapter in order to reduce the excess amount of reserves.

history: (History: Added by Stats. 2019, Ch. 673, Sec. 9. (AB 187) Effective January 1, 2020.)

article: 3. Budget


text:
(a) The mattress recycling organization shall set the amount of the mattress recycling charge that shall be added to the purchase price of a mattress at the point of sale and include the charge amount in the annual budget.

(b) (1) The amount of the state mattress recycling charge shall be sufficient to fund the revenue requirements set forth in the approved budget.

(2) The mattress recycling organization shall set the charge as a flat rate and not as a percentage of the purchase price. The organization shall not set more than two different charges to accommodate mattress size differentials.

(c) (1) The mattress recycling organization may change the amount of the charge in accordance with subdivision (b), but the mattress recycling organization shall not change the amount of the charge more frequently than annually, and shall provide no less than 180 days’ notice to the public before the change in the amount of the charge takes effect.

(2) If the mattress recycling organization provides notice that it intends to reduce the charge, the organization shall provide the department with information about how it will effectively implement the program at the reduced fee. The department may disapprove that change within 60 days of the notice if the department finds that the reduction makes the organization unable to effectively implement the requirements or objectives of this chapter.

(d) The charge shall be included in the annual program budget for approval by the department.

(e) It is the intent of the Legislature to ensure the proceeds of the mattress recycling charge are used to prioritize the use of in-state processing facilities over the use of out-of-state processing facilities to the extent economically practical.

history: (History: Amended by Stats. 2019, Ch. 673, Sec. 10. (AB 187) Effective January 1, 2020.)

article: 4. Mattress Recycling Charge

path: 30. WASTE MANAGEMENT > 21. Used Mattress Recovery and Recycling Act > 4. Mattress Recycling Charge


text:
(a) Commencing 90 days after the date the department approves the budget pursuant to Section 42988.1, each manufacturer, renovator, retailer, or distributor that sells a mattress to a consumer or to the ultimate end user of the mattress in the state shall add the charge to the purchase price of the mattress. The charge shall be clearly visible on the invoice, receipt, or functionally equivalent document by the seller to the consumer as a separate line item.

(b) Notwithstanding subdivision (a), a distributor, retailer, or seller may directly pay the applicable charge to the mattress recycling organization on behalf of the consumer or ultimate end user of the mattress if the distributor, retailer, or seller enters into a written agreement with a mattress recycling organization to remit the charge directly to the mattress recycling organization on behalf of the consumer. The distributor, retailer, or seller may, but is not required to, make the charge clearly visible on the invoice, receipt, or in a functionally equivalent document.

(c) A distributor, retailer, or seller shall be responsible for educating the consumer or the ultimate end user of the mattress in the state as provided under subdivision (n) of Section 42987.1.

(d) The charges collected pursuant to this section shall be remitted to the mattress recycling organization in accordance with procedures established by the mattress recycling organization.

(e) For purposes of this section, “functionally equivalent document” means a document provided by a distributor, retailer, or seller to a consumer from the mattress recycling organization that includes information about the recycling charge and options available to consumers for the free dropoff or collection of used mattresses.

history: (History: Amended by Stats. 2025, Ch. 70, Sec. 1. (AB 1478) Effective January 1, 2026.)

article: 4. Mattress Recycling Charge


text:
(a) The mattress recycling organization may conduct an audit of the following:

(1) Those parties that are required to remit the charge to the mattress recycling organization to verify that the charges paid are proper and accurate and to ensure all parties required by this chapter to pay or collect the charge are paying or collecting the proper amount.

(2) Those parties that are exempt from remitting the charge.

(b) An audit conducted pursuant to this section shall be carried out in accordance with generally accepted auditing practices and shall be limited in scope to confirming whether the charge has been properly collected on all sales of mattresses to consumers in the state.

(c) For purposes of conducting audits pursuant to this section, the mattress recycling organization shall hire independent third-party auditors.

(d) If the mattress recycling organization conducts an audit pursuant to this section, the organization shall provide a copy of the audit to the department.

article: 4. Mattress Recycling Charge


text:
(a) Mattresses manufactured by the California Correctional Training and Rehabilitation Authority and purchased by the state or its agencies are exempt from collecting and remitting the mattress recycling charge and from any end-of-life financial incentive established by the mattress recycling organization for used mattresses pursuant to subdivision (k) of Section 42987.1. Mattresses sold subject to this exemption shall be permanently marked or labeled to clearly identify them as having been manufactured by the California Correctional Training and Rehabilitation Authority.

(b) The California Correctional Training and Rehabilitation Authority shall, upon the request of the department or mattress recycling organization, report how many mattresses it manufactured and sold in the previous fiscal year and the customers that purchased those mattresses. To the extent reasonably possible, the California Correctional Training and Rehabilitation Authority, upon request by the department or the mattress recycling organization, shall report how its customers are disposing of their used mattresses and estimate what percentage are being landfilled and recycled or renovated.

(c) The mattress recycling organization’s obligation under this chapter to recycle mattresses manufactured by the California Correctional Training and Rehabilitation Authority is limited to any services for which the authority has specifically contracted with the mattress recycling organization for that purpose. The mattress recycling organization may refuse to recycle or pay financial incentives on any California Correctional Training and Rehabilitation Authority-manufactured mattress that is exempted from collecting and remitting the mattress recycling fee.

(d) Mattresses exempt pursuant to subdivision (a) and all discards of mattresses previously manufactured by the California Correctional Training and Rehabilitation Authority shall be excluded from the goal-setting analysis required by Section 42987.5.

history: (History: Amended by Stats. 2025, Ch. 241, Sec. 68. (SB 857) Effective January 1, 2026.)

article: 4. Mattress Recycling Charge


text:
(a) The mattress recycling organization shall deposit the charges and other moneys collected by the mattress recycling organization pursuant to this chapter in accounts that are maintained and disbursed by the organization.

(b) The mattress recycling organization may enter into a joint venture, agreements, or contracts with third parties, including, but not limited to, corporations, partnerships, nonprofit entities, and governmental agencies, to undertake activities on the mattress recycling organization’s behalf that are consistent with this chapter.

(c) (1) In the event that the department decertifies the mattress recycling organization, the department shall establish a process and schedule that will, to the maximum extent possible, allow for an orderly transition of responsibility from the decertified organization to a successor organization. As part of that transition process, the department shall certify a successor mattress recycling organization pursuant to Section 42987.

(2) If requested by the department, the decertified organization may continue to administer the program, including, but not limited to, its receipt of charges remitted pursuant to Section 42989.1, until a successor organization certified by the department assumes all financial, statutory, contractual, and other legal responsibilities for implementing the successor organization’s obligations under this chapter. The department shall not require the decertified organization to provide transitional services for more than 12 months unless the decertified organization consents to doing so.

(3) Once a successor organization assumes the responsibilities described in paragraph (2), the decertified organization shall within 30 days transfer to the successor organization all assets and liabilities, and all financial, statutory, contractual, and other legal rights and responsibilities, including, but not limited to, the receipt of the mattress recycling charge remitted pursuant to Section 42989.1. Before any financial liability is transferred to the successor organization, the decertified organization shall first obtain approval from the department for each item of liability. Transferred liabilities may include, but shall not be limited to, notes payable, accounts payable, salaries payable, wages payable, interest payable, other accrued expenses payable, income taxes payable, customer deposits, vendor contracts, and any other contractual liabilities. Transferred liabilities shall not include any civil or criminal liabilities or fines or penalties issued by the state.

(4) If the mattress recycling organization is no longer able or willing to serve as the mattress recycling organization, it shall notify the department in writing and the department shall decertify that mattress recycling organization. The department may also decertify the mattress recycling organization if it finds that the organization has intentionally violated one or more provisions of this chapter in a manner that materially impacted the organization’s ability to substantially meet its obligations under the plan approved by the department or if the department has revoked the mattress recycling organization’s plan pursuant to Section 42993.2.

(5) If the department decides not to request the decertified organization to provide the transitional services described in paragraph (2), the department may direct, in writing, the decertified organization to set up a trust fund or escrow account and to transfer all unexpended funds into that account within 30 days. The trust fund or escrow account shall be subject to reasonable requirements that the department may set until the department certifies a successor organization. The trustee or escrow agent shall do both of the following:

(A) Accept mattress recycling charges directly from manufacturers, renovators, retailers, and distributors into the trust fund or escrow account that would have been made to the mattress recycling organization prior to the mattress recycling organization’s decertification.

(B) Make payments from the trust fund or escrow account as the department shall direct, in writing, to implement the most recently approved plan.

(6) If a new mattress recycling plan has not been approved by the department within one year after decertification, the department may modify the previously approved plan, as it deems necessary, and continue to direct payments from the trust fund or escrow account in accordance with paragraph (5) to implement the modified plan.

(7) A trustee or escrow agent in possession of mattress recycling charge revenue shall, as directed by the department, transfer those funds to a successor mattress recycling organization with an approved plan.

(8) If the department revokes the plan pursuant to Section 42993.2, each manufacturer, renovator, retailer, or distributor that sells a mattress to a consumer or to an ultimate end user of the mattress in the state may continue to do so until the effective date of a successor plan approved by the department without being subject to penalties pursuant to Section 42993.1, provided that the manufacturer, renovator, retailer, or distributor continues to meet the applicable requirements of this chapter, including, but not limited to, Sections 42989.1 and 42992.

(9) For purposes of this subdivision, “unexpended funds” means mattress recycling charge revenue in the mattress recycling organization’s accounts that the organization is not already obligated to pay pursuant to a contract, claim, or similar mechanism.

history: (History: Amended by Stats. 2019, Ch. 673, Sec. 12. (AB 187) Effective January 1, 2020.)

article: 4. Mattress Recycling Charge


text: The mattress recycling organization shall not expend revenue from the mattress recycling charge to pay a civil penalty imposed on the organization pursuant to Section 42993.1.

history: (History: Added by Stats. 2019, Ch. 673, Sec. 13. (AB 187) Effective January 1, 2020.)

article: 4. Mattress Recycling Charge


text:
(a) The mattress recycling organization shall keep minutes, books, and records that clearly reflect the activities and transactions of the mattress recycling organization.

(b) The accounting books of the mattress recycling organization shall be audited at the organization’s expense by an independent certified public accountant retained by the organization at least once each calendar year.

(c) The mattress recycling organization shall arrange for the audit to be delivered to the department, along with the annual report required pursuant to Section 42990.1. The department shall review the audit for compliance with this chapter and consistency with the plan created pursuant to this chapter. The department shall notify the mattress recycling organization of any compliance issues or inconsistencies. The department shall not disclose any confidential proprietary information in the audit.

(d) The department may conduct its own audit if it determines that an audit is necessary to enforce the requirements of this chapter and that the audit conducted pursuant to subdivision (b) is not adequate for this purpose. The mattress recycling organization may obtain copies of the audit upon request. The department shall not disclose any confidential proprietary information in the audit.

history: (History: Amended by Stats. 2014, Ch. 371, Sec. 5. (SB 1274) Effective January 1, 2015.)

article: 5. Records, Audits, and Annual Report

path: 30. WASTE MANAGEMENT > 21. Used Mattress Recovery and Recycling Act > 5. Records, Audits, and Annual Report


text:
On or before July 1 of each year, the mattress recycling organization shall submit to the department and the advisory committee and make publicly available on its internet website a report that includes, for the preceding calendar year, all of the following:

(a) The mattress recycling organization’s costs and revenues.

(b) The quantity of mattresses disposed of in solid waste landfills.

(c) The quantity of discarded used mattresses collected for recycling in the program.

(d) The quantity of used mattresses collected for recycling from different categories of sources.

(e) The quantity of each category of materials recycled.

(f) The uses for the recycled materials.

(g) The quantity of otherwise disposed of materials.

(h) A description of methods used to collect, transport, and process used mattresses in this state.

(i) Examples of educational materials that were provided to consumers the first year and any changes to those materials in subsequent years as well as other mechanisms, including advertising of the program, to increase consumer awareness.

(j) The total volume, number, and weight of used mattresses collected recycled, renovated, and reused in this state during the preceding calendar year, including any conversion factor used to determine the number of mattresses recovered.

(k) A report by the advisory committee, established pursuant to paragraph (3) of subdivision (a) of Section 42987 that includes a summary of the consultative process between the advisory committee and the mattress recycling organization relating to the ongoing implementation of the plan, as well as any other information deemed pertinent by the advisory committee to maximizing the recovery and recycling of used mattresses in the state.

(l) For reports submitted on and after April 1, 2020, a demonstration of good faith effort with the state mattress recycling goals established pursuant to Section 42987.5.

(m) For reports submitted on and after July 1, 2021, all of the following:

(1) A report on activities, which the mattress recycling organization shall undertake, to meet consumer and retailer accessibility goals, and on the progress the organization has made in meeting those goals, and on the organization’s planned efforts to meet those goals. Factors to be considered may include, but are not limited to, availability of retailer take-back options, proximity to recyclers and no-cost collection points, availability of no-cost local curbside collections services, and proximity to collection events.

(2) A report on activities, which the mattress recycling organization shall undertake, to prioritize, to the extent economically practical, the use of in-state processing facilities over out-of-state processing facilities. If the mattress recycling organization decides to use out-of-state processing facilities, the organization shall provide an explanation of that decision.

(3) A report on research activities, which the organization shall undertake, to improve used mattress collection, dismantling, recycling operations, source reduction and green product design, and the response to the problem of illegal dumping and a report on the progress made as a result of the research activities.

(4) A report on pilot programs, which the organization shall undertake, to test new processes, methods, or equipment on a local, regional, or otherwise limited basis, such as those designed to clean up illegally dumped mattresses, gather data and identify strategies to reduce the number of illegally dumped mattresses, in partnership with the cities and counties identified by the mattress recycling organization as having areas with the highest rate of illegal dumping in the state. Pilot program descriptions shall include a mechanism to measure success, such as establishing a baseline and goals when possible and report on the progress made in undertaking the pilot programs.

(5) If the mattress recycling organization determines during a particular year that any of the activities undertaken to implement paragraph (3) or (4) were unsuccessful, the organization shall identify the problems with the current activities, and report on the new activities undertaken and progress made, in the following year’s annual report.

(6) A hard copy of, or an electronic reference to, each research study and report completed by the organization during the period covered by the annual report and a brief explanation of how the organization anticipates the research may benefit the program. The organization shall make these studies and reports publicly available free of charge. If the study or report contains trade secret or confidential information protected by law, the organization shall only be required to provide a description of the research and its relevance to the program that omits any of the trade secret or confidential information.

(n) (1) Any modifications or revisions to the mattress recycling plan including those required pursuant to Sections 42987.1 and 42987.1.5, necessary to achieve the goals established pursuant to Section 42987.5.

(2) Any proposed modifications or revisions to the mattress recycling plan are subject to the department review process prescribed in Section 42987.3.

(3) Within 90 days after approval or conditional approval by the department, the mattress recycling organization shall implement the revised plan.

(o) For reports submitted after January 1, 2020, the progress toward attainment of the goals included in the organization’s mattress recycling plan submitted pursuant to Section 42987.1.

(p) Other information relevant to compliance with the plan.

history: (History: Amended by Stats. 2019, Ch. 673, Sec. 14. (AB 187) Effective January 1, 2020.)

article: 5. Records, Audits, and Annual Report


text:
(a) No later than 90 days after the date the department receives the annual report, the department shall notify the mattress recycling organization of any deficiencies in the report. No later than 60 days after receiving this notice from the department, the mattress recycling organization shall provide additional information, modification, or corrections in response to the department’s notification.

(b) Any proposed activities in the report shall be evaluated by the department for progress and shall be taken into consideration when approving or disapproving a report.

history: (History: Amended by Stats. 2019, Ch. 673, Sec. 15. (AB 187) Effective January 1, 2020.)

article: 5. Records, Audits, and Annual Report


text:
(a) On or before May 1, 2017, and annually thereafter, a person that is engaged in business as a recycler or renovator shall submit to the department and to the mattress recycling organization a report that includes the following:

(1) Quantitative information on the number of mattresses received and recycled or renovated in the state during the preceding calendar year.

(2) Other information deemed necessary by the department that is reasonably related to compliance with this chapter and that can be reasonably compiled.

(b) For purposes of determining the used mattress recycling rate, on or before May 1, 2017, and annually thereafter, an operator of a solid waste facility or operation shall report to the department and to the mattress recycling organization, in a form and manner determined by the department, regarding the number of used mattresses received by that facility or operation that were recycled, renovated, or disposed of within the state in the preceding calendar year.

(c) The department shall make the information provided pursuant to this section available to interested parties and to the public. The department shall not disclose any confidential proprietary information.

history: (History: Amended by Stats. 2014, Ch. 371, Sec. 6. (SB 1274) Effective January 1, 2015.)

article: 6. Mattress Recycling and Renovating

path: 30. WASTE MANAGEMENT > 21. Used Mattress Recovery and Recycling Act > 6. Mattress Recycling and Renovating


text:
(a) Except as provided in subdivision (d), on and after July 1, 2014, a retailer shall offer a consumer the option to have a used mattress picked up for recovery at the time of delivery, at no additional cost to the consumer, if a new mattress is delivered to the consumer.

(b) A retailer may contract out to a third party for the delivery of a new mattress or pickup of a used mattress.

(c) A retailer is not prohibited from charging the consumer for the cost of the delivery of a new mattress.

(d) A retailer or third-party contractor delivering a new mattress may refuse to pick up a used mattress from a consumer if the retailer or contractor determines the used mattress is contaminated and poses a risk to personnel, new products, or equipment.

(e) A common carrier delivering a new mattress to a consumer as a result of an online purchase is not required to pick up a used mattress for recovery.

(f) On and after January 1, 2021, if a new mattress is delivered to a consumer by common carrier, including, but not limited to, as a result of an online purchase, the retailer of that mattress shall offer to arrange to pick up a used mattress for recycling from that consumer within 30 days of the delivery of the new mattress, subject to subdivision (d).

history: (History: Amended by Stats. 2019, Ch. 673, Sec. 16. (AB 187) Effective January 1, 2020.)

article: 7. Retailer Used Mattress Take-back

path: 30. WASTE MANAGEMENT > 21. Used Mattress Recovery and Recycling Act > 7. Retailer Used Mattress Take-back


text:
(a) On or before March 1 of each year, the department shall post on its internet website a list of manufacturers, renovators, and distributors that are in compliance with this chapter.

(b) A manufacturer, renovator, or distributor that is not listed on the department’s internet website pursuant to this section, but demonstrates compliance with this chapter before the next notice is required to be posted pursuant to this section, may request a certification letter from the department stating the manufacturer, renovator, or distributor is in compliance. The manufacturer, renovator, or distributor that receives the letter shall be deemed to be in compliance with this chapter.

(c) A retailer that distributes or sells a mattress shall monitor the department’s internet website to determine if a manufacturer or renovator is in compliance with this chapter. A retailer otherwise in compliance with this chapter shall be deemed in compliance with the chapter if, on the date the retailer ordered or purchased a mattress, or within 120 calendar days before or after that date, the manufacturer or renovator was listed as compliant on the department’s internet website.

(d) A retailer may sell or distribute the existing stock of its inventory through sales to the public if the existing stock was purchased when the manufacturer or renovator was in compliance with the requirements of this chapter at the time when the retailer initially purchased that stock.

(e) The sale, distribution, or offering for sale, of any existing inventory in stock prior to the commencement of the collection of the mattress recycling charge pursuant to this chapter shall be deemed to be in compliance with this chapter.

(f) If the department determines a manufacturer, renovator, or distributor is not in compliance with this chapter, the department shall remove the manufacturer, renovator, or distributor from the department’s internet website pursuant to this section and the manufacturer, renovator, or distributor shall not sell a mattress in the state until the department determines the manufacturer, renovator, or distributor is in compliance with this chapter.

history: (History: Amended by Stats. 2019, Ch. 673, Sec. 17. (AB 187) Effective January 1, 2020.)

article: 8. Enforcement

path: 30. WASTE MANAGEMENT > 21. Used Mattress Recovery and Recycling Act > 8. Enforcement


text:
(a) The department may impose an administrative civil penalty on any manufacturer, mattress recycling organization, distributor, recycler, renovator, or retailer that is in violation of this chapter. The amount of the administrative civil penalty shall not exceed five hundred dollars ($500) per day, but, if the violation is intentional, knowing, or reckless, the department may impose an administrative civil penalty of not more than five thousand dollars ($5,000) per day.

(b) The department shall not impose a penalty on the mattress recycling organization pursuant to this section for a failure to comply with this chapter if the organization demonstrates it received false or misleading information from a member of the organization or other party that was the direct cause of its failure to comply.

(c) The department shall deposit all penalties collected pursuant to this section into the Mattress Recovery and Recycling Penalty Account, which is hereby created in the Used Mattress Recycling Fund. Upon appropriation by the Legislature, moneys deposited into the Mattress Recovery and Recycling Penalty Account shall be expended by the department to administer and enforce this chapter.

history: (History: Amended by Stats. 2014, Ch. 371, Sec. 7. (SB 1274) Effective January 1, 2015.)

article: 8. Enforcement


text:
Upon a written finding that a manufacturer, mattress recycling organization, renovator, distributor, recycler, or retailer has not met a material requirement of this chapter, in addition to any other penalties authorized under this chapter, the department may take any of the following actions, after affording the manufacturer, organization, renovator, distributor, recycler, or retailer a reasonable opportunity to respond to, or rebut, the finding, to ensure compliance with the requirements of this chapter:

(a) Revoke the mattress recycling organization’s plan approval or require the mattress recycling organization to resubmit the plan.

(b) Remove the manufacturer, renovator, or distributor from the department’s internet website and list of compliant manufacturers, renovators, and distributors, as specified in Section 42993.

(c) Require additional reporting requirements relating to compliance with the material requirement identified by the department.

history: (History: Amended by Stats. 2019, Ch. 673, Sec. 18. (AB 187) Effective January 1, 2020.)

article: 8. Enforcement


text:
(a) A manufacturer, renovator, distributor, recycler, retailer, and mattress recycling organization shall do both of the following:

(1) Upon request, provide the department with reasonable and timely access, as determined by the department and as authorized pursuant to Title 13 (commencing with Section 1822.50) of Part 3 of the Code of Civil Procedure, to its facilities and operations, as necessary to determine compliance with this chapter.

(2) Upon request, provide the department with relevant records necessary to determine compliance with this chapter.

(b) The records required by this chapter shall be maintained and accessible for three years. All reports and records provided to the department pursuant to this chapter shall be provided under penalty of perjury.

(c) The department may take disciplinary action against a manufacturer, renovator, distributor, recycler, retailer, or mattress recycling organization if the manufacturer, renovator, distributor, recycler, retailer, or mattress recycling organization fails to provide the department with the access required pursuant to this section, including, but not limited to, imposing penalties pursuant to Section 42993.1 and posting an immediate notice on the department’s internet website pursuant to Section 42993 that the manufacturer, renovator, or distributor is no longer in compliance with this chapter.

history: (History: Amended by Stats. 2019, Ch. 673, Sec. 19. (AB 187) Effective January 1, 2020.)

article: 8. Enforcement


text:
(a) (1) The department may adopt emergency regulations to implement this chapter with regard to establishing a process for the submission of the used mattress recovery and recycling plan to the department, and the approval of that plan, pursuant to Section 42987.3 and for the submission of the proposed used mattress recycling program budget to the department, and the approval of the budget by the department, pursuant to Sections 42988 and 42988.1.

(2) The department shall not adopt emergency regulations pursuant to this section with regard to any other provision of this chapter.

(3) This section does not limit the department’s authority to adopt regulations pursuant to Section 40502.

(b) The emergency regulations adopted pursuant to this section shall be adopted in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and for the purposes of that chapter, including Section 11349.6 of the Government Code, the adoption of these regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health, safety, and general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, any emergency regulations adopted by the department pursuant to this section shall be filed with the Office of Administrative Law.

history: (History: Amended by Stats. 2014, Ch. 371, Sec. 10. (SB 1274) Effective January 1, 2015.)

article: 9. Emergency Regulatory Authority

path: 30. WASTE MANAGEMENT > 21. Used Mattress Recovery and Recycling Act > 9. Emergency Regulatory Authority


text:
(a) Except as provided in subdivision (c), an action specified in subdivision (b) that is taken by a mattress recycling organization or its members that relates to any of the following is not a violation of the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), the Unfair Practices Act (Chapter 4 (commencing with Section 17000) of Part 2 of Division 7 of the Business and Professions Code), or the Unfair Competition Law (Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code).

(b) Subdivision (a) shall apply to all of the following actions taken by the mattress recycling organization, manufacturer, or renovator:

(1) The creation, implementation, or management of a plan approved by the department pursuant to Article 2 (commencing with Section 42987) and the types or quantities of used mattresses recycled or otherwise managed pursuant to a plan, as described in Article 2 (commencing with Section 42987).

(2) The cost and structure of an approved plan.

(3) The establishment, administration, collection, or disbursement of the charges associated with funding the implementation of this chapter.

(c) Subdivision (a) shall not apply to an agreement that does any of the following:

(1) Fixes a price of or for mattresses, except for an agreement related to costs or charges associated with participation in a plan approved or conditionally approved by the department and otherwise in accordance with this chapter.

(2) Fixes the output of production of mattresses.

(3) Restricts the geographic area in which, or customers to whom, mattresses will be sold.

history: (History: Added by Stats. 2013, Ch. 388, Sec. 1. (SB 254) Effective January 1, 2014.)

article: 10. Antitrust Immunity

path: 30. WASTE MANAGEMENT > 21. Used Mattress Recovery and Recycling Act > 10. Antitrust Immunity


text:
For purposes of this chapter, the following terms have the following meanings:

(a) “Loan fund” means the CalRecycle Greenhouse Gas Reduction Revolving Loan Fund established pursuant to Section 42996.

(b) “Revolving loan program” means the CalRecycle Greenhouse Gas Reduction Revolving Loan Program established pursuant to Section 42997.

history: (History: Added by Stats. 2014, Ch. 36, Sec. 19. (SB 862) Effective June 20, 2014.)

path: 30. WASTE MANAGEMENT > 22. Waste Diversion and Greenhouse Gas Reduction Financial Assistance


text:
(a) The CalRecycle Greenhouse Gas Reduction Revolving Loan Fund is hereby created in the State Treasury.

(b) Notwithstanding Section 13340 of the Government Code and Section 39718 of the Health and Safety Code, the funds deposited in the loan fund are hereby continuously appropriated, without regard to fiscal year, to the department for expenditure without regard to fiscal year.

(c) The sum of five million dollars ($5,000,000) is hereby transferred from the Greenhouse Gas Reduction Fund, established pursuant to Section 16428.8 of the Government Code, to the loan fund for the 2014–15 fiscal year and an additional five million dollars ($5,000,000) for the 2015–16 fiscal year to be used by the department for any of the following:

(1) To make loans pursuant to the revolving loan program.

(2) To pay costs necessary to protect the state’s position as a lender and creditor. These costs shall include, but are not limited to, foreclosure expenses, auction fees, title searches, appraisals, real estate brokerage fees, attorney’s fees, mortgage payments, insurance payments, utility costs, repair costs, removal and storage costs for repossessed equipment and inventory, and additional expenditures to purchase a senior lien in foreclosure or bankruptcy proceedings.

(3) To pay costs to administer the revolving loan program, upon appropriation by the Legislature.

(d) The Controller shall disburse moneys in the loan fund for the purposes of this chapter, as authorized by the department.

chapter: 22. Waste Diversion and Greenhouse Gas Reduction Financial Assistance


text:
(a) The CalRecycle Greenhouse Gas Reduction Revolving Loan Program is hereby established and shall be administered by the department.

(b) (1) The department shall expend the moneys transferred pursuant to subdivision (c) of Section 42996, and any additional moneys appropriated by the Legislature for the purposes of this subdivision, to provide loans to reduce the emissions of greenhouse gases by promoting in-state development of infrastructure or other projects to reduce organic waste or process organic and other recyclable materials into new value-added products. The moneys shall be expended consistent with the requirements of Article 9.7 (commencing with Section 16428.8) of Chapter 2 of Part 2 of Division 4 of Title 2 of the Government Code and Chapter 4.1 (commencing with Section 39710) of Part 2 of Division 26 of the Health and Safety Code.

(2) For a loan made pursuant to this subdivision, the department shall expend the moneys in the loan fund to provide loans to public and private entities for in-state infrastructure projects or other projects that reduce the emissions of greenhouse gases by any of the following:

(A) Organics composting.

(B) Organics in-vessel digestion.

(C) Recyclable material manufacturing.

(D) Activities that expand and improve waste diversion and recycling, including, but not limited to, food waste prevention.

(3) For purposes of this subdivision, eligible infrastructure projects that reduce greenhouse gas emissions include, but are not limited to, any of the following:

(A) Capital investments in new facilities and increased throughput at existing facilities for activities, such as converting windrow composting to aerated-static-pile composting to use food waste as feedstock.

(B) Designing and constructing organics in-vessel digestion facilities to produce products, such as biofuels, bioenergy, and soil amendments.

(C) Designing and constructing facilities for processing recyclable materials.

(4) For a loan made pursuant to this subdivision, both of the following apply:

(A) The terms and conditions of an approved loan shall be specified in a loan agreement and related documents between the borrower and the department. These terms and conditions shall include reporting requirements that include, but are not limited to, reporting the information specified in Section 16428.9 of the Government Code.

(B) The department shall approve only those loan applications that demonstrate the applicant’s ability to repay the loan.

(5) The department may establish additional requirements that it determines to be necessary or useful to achieve the revolving loan program’s objectives, including, but not limited to, ensuring repayment ability.

history: (History: Amended by Stats. 2016, Ch. 368, Sec. 12. (SB 859) Effective September 14, 2016.)


text:
(a) The department may establish and collect fees to fund the costs of administering the revolving loan program, including, but not limited to, an application fee and loan closing points.

(b) Moneys collected by the department from loan repayments and fees shall be deposited in the loan fund. Loan repayments and fees include, but are not limited to, any of the following:

(1) Principal and interest repayments.

(2) Fees and loan closing points.

(3) Recovery of collection costs.

(4) Income earned on an asset recovered pursuant to a loan default.

(5) Moneys collected through foreclosure and other collection actions.


text:
(a) The department shall, upon appropriation by the Legislature, administer a grant program to provide financial assistance to promote in-state development of infrastructure, food waste prevention, or other projects to reduce organic waste, sort and aggregate or process organic and other recyclable materials into new, value-added products, or divert items from disposal through enhanced reuse opportunities. Moneys appropriated by the Legislature from the Greenhouse Gas Reduction Fund, created pursuant to Section 16428.8 of the Government Code, to the department shall be expended consistent with the requirements of Article 9.7 (commencing with Section 16428.8) of Chapter 2 of Part 2 of Division 4 of Title 2 of the Government Code and Chapter 4.1 (commencing with Section 39710) of Part 2 of Division 26 of the Health and Safety Code.

(b) Eligible financial assistance shall be provided for any of the following:

(1) Organics composting.

(2) Organics in-vessel digestion.

(3) Recyclable material manufacturing.

(4) Activities that expand and improve organic waste diversion and recycling, including, but not limited to, the recovery of food for human consumption and food waste prevention.

(5) Preprocessing organic materials for composting or organics in-vessel digestion.

(6) Codigestion at existing wastewater treatment plants.

(7) Increasing opportunities for reuse of materials diverted from landfill disposal.

(8) Recyclable material recovery, sorting, or baling equipment for use at publicly owned facilities. Eligibility for funding under this paragraph is limited to local jurisdictions.

(c) For purposes of this section, eligible infrastructure projects include, but are not limited to, any of the following:

(1) Capital investments in new facilities and increased throughput at existing facilities for activities, such as converting windrow composting to aerated-static-pile composting to use food waste as feedstock.

(2) Designing and constructing organics in-vessel digestion facilities to produce products, such as biofuels to be used or distributed onsite, bioenergy, and soil amendments.

(3) Designing and constructing or expanding facilities for processing recyclable materials.

(4) Projects to improve the quality of recycled materials.

(5) Projects undertaken by a local government at publicly owned facilities to improve the recovery, sorting, or baling of recyclable materials to get those materials into the marketplace, including related equipment purchasing and installation costs.

(6) Purchase of equipment and construction of facilities to help develop, implement, or expand edible food waste recovery operations.

(7) Establishment of reuse programs to divert items from landfill disposal for reuse by members of the public.

(8) Deployment of bear bins to minimize adverse human-and-bear interactions related to the collection and management of solid and organic waste. Any funding provided pursuant to this paragraph shall be limited to those areas where there are significant public safety issues associated with food waste collection as a result of local bear populations, as corroborated by information from local, state, or federal public safety or wildlife officials, and shall be limited to the primary residence for those residents earning below the area median household income limit established by the Department of Housing and Community Development pursuant to Section 50093 of the Health and Safety Code.

(d) In awarding a grant for organics composting or organics in-vessel digestion pursuant to this section, the department shall consider all of the following:

(1) The amount of reductions of emissions of greenhouse gases that may result from the project.

(2) The amount of organic material that may be diverted from landfills as a result of the project.

(3) If and how the project may benefit disadvantaged or low-income communities, as defined in Section 39713 of the Health and Safety Code.

(4) For a grant awarded for an organics in-vessel digestion project, if and how the project maximizes resource recovery, including the production of clean energy or low-carbon or carbon negative transportation fuels.

(5) Project readiness and permitting that the project may require.

(6) Air and water quality benefits that the project may provide.

(e) To the degree that funds are available, the department may provide larger grant awards for large-scale regional integrated projects that provide cost-effective organic waste diversion and maximize environmental benefits.

history: (History: Amended by Stats. 2025, Ch. 67, Sec. 176. (AB 1170) Effective January 1, 2026.)