text:
On or before July 1 of each year, the producer responsibility organization shall submit in the form and manner determined by the department an annual report and make the report publicly available on the producer responsibility organization’s internet website. The report shall include all of the following information for the preceding calendar year:

(a) The producer responsibility organization’s revenues and costs, with the costs according to the cost categories established in the producer responsibility plan.

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

(c) Any changes to the distribution of participating producers’ costs pursuant to subdivision (a) of Section 42968.23.

(d) The square footage, yardage, weight, or other metric, as determined by the department, of covered products, by carpet type, for each of the following:

(1) Covered product that was collected.

(2) Covered product that was processed.

(3) Covered product that was recycled.

(4) Covered product that was disposed.

(e) A list of the producer responsibility organization’s collection sites, by name, location, and type.

(f) An updated list of the names and contact information, including email address, phone number, and physical and mailing addresses of producers.

(g) A description of methods used to collect, transport, recycle, and divert covered products by the producer responsibility organization including a description of all of the following:

(1) How the producer responsibility organization handled and managed covered products according to the priority of waste management practices provided in Section 40051.

(2) How the producer responsibility organization maximized recycling of all covered products.

(3) How the producer responsibility organization minimized disposal of all covered products collected by the producer responsibility organization.

(4) Results of the producer responsibility organization’s assessment of the efficacy of the collection, sorting, and transportation processes pursuant to paragraph (8) of subdivision (h) of Section 42968.32.

(h) A description of how the producer responsibility organization improved the collection, processing, and recycling operations for covered products, including, but not limited to, pilot programs to test new processes, methods, or equipment.

(i) A description of outreach efforts and education, including, but not limited to, education and outreach provided by the producer responsibility organization for the purpose of promoting the collection, reuse, and recycling of covered products. This includes messaging on environmentally preferable purchasing.

(j) Findings from the evaluation of the comprehensive statewide education and outreach program required by subdivision (i) of Section 42968.32.

(k) A report on activities the producer responsibility organization 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.

(l) Any other information deemed relevant by the producer responsibility organization for the department to determine compliance with the approved producer responsibility plan.

(m) Any other information required by regulations adopted pursuant to Section 42968.1.

history: (History: Amended by Stats. 2025, Ch. 67, Sec. 170. (AB 1170) Effective January 1, 2026.)

article: 6. Records, Audits, and Reports


kind: section

code: PRC

text:
(a) No later than 120 days after the date the department receives the annual report submitted by the producer responsibility organization pursuant to Section 42968.62, the department shall notify the producer responsibility organization 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, then the department may require the resubmittal of the annual report or take enforcement action.

history: (History: Added by Stats. 2024, Ch. 675, Sec. 1. (AB 863) Effective January 1, 2025.)

division: 30. WASTE MANAGEMENT

article: 6. Records, Audits, and Reports

path: 30. WASTE MANAGEMENT > 19.5. Carpet Producer Responsibility Program > 6. Records, Audits, and Reports


text:
(a) Within 24 months of the effective date of regulations pursuant to Section 42968.1, 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.

(c) (1) A retailer, importer, distributor, or wholesaler of a covered product shall monitor the department’s internet website to determine if a producer, brand, or covered product is in compliance with this chapter for that brand of covered product.

(2) Except as provided in subdivision (d), on and after the date a producer responsibility plan is approved by the department pursuant to Section 42968.30, a retailer, importer, distributor, or wholesaler 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) Notwithstanding paragraph (2) of subdivision (c), a retailer, importer, or distributor 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.

(e) Notwithstanding paragraph (2) of subdivision (c), a retailer or distributor may, for any 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.

(f) If the department determines a producer is not in compliance with this chapter, the department shall remove the producer from the list of compliant producers posted on the department’s internet website pursuant to subdivision (a).

(g) 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: 7. Enforcement

path: 30. WASTE MANAGEMENT > 19.5. Carpet Producer Responsibility Program > 7. Enforcement


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

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

(2) Twenty-five thousand dollars ($25,000) per day if the violation is intentional or knowing.

(b) In assessing or reviewing the amount of an administrative 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) Upon a written finding that a producer responsibility organization, producer, importer, distributor, wholesaler, or any other party regulated 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 producer responsibility organization, producer, importer, distributor, wholesaler, or any other party regulated a reasonable opportunity to respond to, or rebut, the finding:

(1) Revoke the producer responsibility organization’s producer responsibility plan approval or require the producer responsibility organization to resubmit the producer responsibility plan.

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

(d) The department shall establish, through regulations adopted pursuant to Section 42968.1, a process that shall include an informal hearing process by which the penalties will be assessed.

(e) The department shall deposit all penalties collected pursuant to this section into the Carpet Responsibility Penalty Account. Upon appropriation by the Legislature, moneys in the Carpet Responsibility 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.

(f) The Administrative Adjudication Bill of Rights, as set forth in Chapter 4.5 (commencing with Section 11400) 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. 171. (AB 1170) Effective January 1, 2026.)

chapter: 19.5. Carpet Producer Responsibility Program

article: 7. Enforcement


text:
(a) If the producer responsibility organization violates this chapter three or more times, the department may determine the producer responsibility organization permanently ineligible to act as the producer responsibility organization on behalf of producers to design, submit, and administer a producer responsibility plan pursuant to this chapter.

(b) If the producer responsibility organization becomes ineligible pursuant to subdivision (a), then the department may revoke approval of the producer responsibility organization pursuant to paragraph (1) of subdivision (c) of Section 42968.71.

article: 7. Enforcement


text:
(a) A producer responsibility organization, producer, retailer, importer, distributor, and wholesaler shall do both of the following:

(1) Upon request, provide the department access to its facilities and operations to determine compliance with this chapter.

(2) Upon request, provide the department 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) The department may impose administrative penalties pursuant to Section 42968.71 on a producer, producer responsibility organization, distributor, retailer, importer, or wholesaler that fails to provide the department with the access required pursuant to this section.

(d) The department may post a notice on the department’s internet website that is maintained pursuant to Section 42968.70 that a producer has failed to provide the department with access pursuant to this section and is no longer in compliance with this chapter, along with the producer’s brands and covered products.

article: 7. Enforcement


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 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.

history: (History: Amended by Stats. 2025, Ch. 67, Sec. 172. (AB 1170) Effective January 1, 2026.)

article: 7. Enforcement


text:
(a) An action specified in subdivision (b) that is taken by a producer or producer responsibility organization 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 the producer responsibility organization:

(1) The creation, implementation, or management of a producer responsibility plan approved by the department and the determination of the types or quantities of covered products recycled, collected, or otherwise managed pursuant to a producer responsibility plan.

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

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

article: 8. Antitrust Immunity

path: 30. WASTE MANAGEMENT > 19.5. Carpet Producer Responsibility Program > 8. Antitrust Immunity


text: The purpose of this chapter is to increase the amount of postconsumer carpet that is diverted from landfills and recycled into secondary products or otherwise managed in a manner that is consistent with the state’s hierarchy for waste management practices pursuant to Section 40051.

history: (History: Added by Stats. 2010, Ch. 681, Sec. 2. (AB 2398) Effective January 1, 2011. Conditionally inoperative pursuant to Section 42983.5.)

chapter: 20. Product Stewardship for Carpets

path: 30. WASTE MANAGEMENT > 20. Product Stewardship for Carpets


text:
For purposes of this chapter, and unless the context otherwise requires, the following definitions govern the construction of this chapter:

(a) “Brand” means a name, symbol, word, or mark that identifies the carpet, rather than its components, and attributes the carpet to the owner or licensee of the brand as the manufacturer.

(b) “CARE” means the Carpet America Recovery Effort, a third-party nonprofit carpet stewardship organization incorporated as a nonprofit corporation pursuant to Section 501(c)(3) of Title 26 of the United States Code in 2002 and established to increase the reclamation and stewardship of postconsumer carpet.

(c) “CARE MOU” means the 2012 Memorandum of Understanding for Carpet Stewardship, as to be negotiated among the carpet industry, states, and nongovernmental organization stakeholders as a successor to the 2002 memorandum of understanding.

(d) (1) “Carpet” means a manufactured article that is used in commercial or residential buildings affixed or placed on the floor or building walking surface as a decorative or functional building interior feature and that is primarily constructed of a top visible surface of synthetic or natural face fibers or yarns or tufts attached to a backing system derived from synthetic or natural materials.

(2) “Carpet” includes, but is not limited to, a commercial or a residential broadloom carpet or modular carpet tiles.

(3) “Carpet” does not include a rug, pad, cushion, or underlayment used in conjunction with, or separately from, a carpet.

(e) “Carpet stewardship organization” or “organization” means either of the following:

(1) An organization exempt from taxation under Section 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. Sec. 501(c)(3)) that is appointed by one or more manufacturers to act as an agent on behalf of the manufacturer to design, submit, and administer a carpet stewardship plan pursuant to this chapter.

(2) A carpet manufacturer that complies with this chapter as an individual manufacturer.

(f) “Carpet stewardship plan” or “plan” means a plan written by an individual manufacturer or a carpet stewardship organization, on behalf of one or more manufacturers, that includes all of the information required by Section 42972.

(g) “Consumer” means a purchaser, owner, or lessee of carpet, including a person, business, corporation, limited partnership, nonprofit organization, or governmental entity.

(h) “Department” means the Department of Resources Recycling and Recovery.

(i) “Label” means a graphic representation of three chasing arrows with a carpet roll inside the arrows, or an alternative design, designed by CARE, after consultation with retailers and wholesalers, and approved by the department for use on all invoices or functionally equivalent billing documents pursuant to paragraph (3) of subdivision (c) of Section 42972.

(j) “Manufacturer” means, with regard to a carpet that is sold, offered for sale, or distributed in the state, any of the following:

(1) The person who manufactures the carpet and who sells, offers for sale, or distributes that carpet in the state under that person’s own name or brand.

(2) If there is no person who sells, offers for sale, or distributes the carpet in the state under the person’s own name or brand, the manufacturer of the carpet is the owner or licensee of a trademark or brand under which the carpet is sold or distributed in the state, whether or not the trademark is registered.

(3) If there is no person who is a manufacturer of the carpet for the purpose of paragraphs (1) and (2), the manufacturer of that carpet is the person who imports the carpet into the state for sale or distribution.

(k) “Postconsumer carpet” means carpet that is no longer used for its manufactured purpose.

(l) “Processor” means a company that uses a process, including, but not limited to, shredding, grinding, sheering, or depolymerization, to convert discarded whole carpet into finished recycled output that is ready to be utilized as an input material for manufacturing products.

(m) “Recycling” means the process, consistent with Section 40180, of converting postconsumer carpet into a useful product that meets the quality standards necessary to be used in the marketplace.

(n) “Retailer” means a person who offers new carpet in a retail sale, as defined in Section 6007 of the Revenue and Taxation Code, including a retail sale through any means, including remote offerings such as sales outlets, catalogs, or an internet website or other similar electronic means.

(o) “Sell” or “sales” means a transfer of title of a carpet for consideration, including a remote sale conducted through a sales outlet, catalog, or internet website or similar electronic means. For purposes of this chapter, “sell” or “sales” includes a lease through which a carpet is provided to a consumer by a manufacturer, wholesaler, or retailer.

(p) “Wholesaler” means a person who offers new carpet for sale in this state in a sale that is not a retail sale, as defined in Section 6007 of the Revenue and Taxation Code, and in which the carpet is intended to be resold.

history: (History: Amended by Stats. 2020, Ch. 370, Sec. 242. (SB 1371) Effective January 1, 2021. Conditionally inoperative pursuant to Section 42983.5.)


text:
(a) On or before September 30, 2011, a manufacturer of carpets sold in this state shall, individually or through a carpet stewardship organization, submit a carpet stewardship plan to the department that will do all of the following:

(1) Achieve the purposes of this chapter, as described in Section 42970, and meet the requirements of Section 42975.

(2) Achieve a 24-percent recycling rate for postconsumer carpet by January 1, 2020, and any other recycling rate established by the department pursuant to Section 42972.2. The carpet stewardship plan shall include quantifiable five-year goals and annual goals for how the recycling rate will be achieved and how the carpet stewardship organization or manufacturer plans to do the following:

(A) Increase the weight of postconsumer carpet that is recycled and reduce the disposal of postconsumer carpet.

(B) Increase the collection convenience for the recycling of postconsumer carpet and increase the collection of postconsumer carpet for recycling.

(C) Expand and incentivize markets for products made from postconsumer carpet.

(D) Increase processor capacity, including processor capacity in California.

(E) Increase the recyclability of carpet.

(3) Describe proposed measures that will enable the management of postconsumer carpet in a manner consistent with the state’s solid waste management hierarchy, including, but not limited to, source reduction, source separation and processing to segregate and recover recyclable materials, and environmentally safe management of materials that cannot feasibly be recycled.

(4) (A) Include a funding mechanism, consistent with subdivision (c), that provides sufficient funding to carry out the plan, including the administrative, operational, and capital costs of the plan, the requirements of Section 42972.7, payment of fees pursuant to Section 42977, and incentive payments that will advance the purposes of this chapter, including incentives or grants to state-approved apprenticeship programs for training apprentice and journey-level carpet installers in proper carpet recycling practices. Any grants or subsidies provided for the recycling of postconsumer carpet shall be structured to incentivize the recycling of carpet materials that have the highest recyclability. The funding mechanism shall account for the need to provide the industry, including carpet installation contractors, with fair notice of changes to the amount of the carpet stewardship assessment established pursuant to subdivision (c).

(B) Consistent with subparagraph (A), commencing with the fiscal year beginning July 1, 2025, and for each fiscal year thereafter, the program shall allocate 8 percent of assessments collected pursuant to subdivision (c), as determined by the department, for grants to apprenticeship programs, subject to the requirements and conditions of this section. Any portion of the 8 percent that is not awarded and used in a fiscal year shall be credited to the amount to be allocated or awarded in the following fiscal year pursuant to this section, thereby reducing the amount allocated or awarded in the following fiscal year by the amount of the credit.

(C) An apprenticeship program shall apply to the producer responsibility organization for a grant. The apprenticeship program shall submit a report to the producer responsibility organization and the department outlining its expenditure of the grant funds for purposes of this program prior to receipt of new grants.

(5) Include education and outreach efforts to consumers, commercial building owners, carpet installation contractors, and retailers to promote their participation in achieving the purposes of the carpet stewardship plan as described in paragraph (1). These education and outreach materials may include, but are not limited to, any of the following:

(A) Signage that is prominently displayed and easily visible to the consumer.

(B) Written materials and templates of materials for reproduction by retailers to be provided to carpet installation contractors and consumers at the time of purchase or delivery or both.

(C) Promotional materials or activities, or both, that explain the purpose of carpet stewardship and the means by which it is being carried out.

(6) Include a process by which the financial activities of the organization or individual manufacturer 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.

(7) (A) Include a contingency plan should the plan expire without approval of a new plan or should the plan be revoked. The contingency plan shall demonstrate how the activities in the plan will continue to be carried out in the absence of a plan by the department through some other entity, such as an escrow company, consistent with Section 42972.7.

(B) The contingency plan shall guarantee that the contracts, financial data, and other necessary authority and assets to operate the program shall vest in a trustee approved by the department. The trustee shall operate the most recently approved carpet stewardship plan, subject to the direction of the department, until that time as a new carpet stewardship plan is approved. Upon the carpet stewardship plan expiration or revocation of the carpet stewardship plan, the balance of the carpet stewardship organization’s operating reserves collected pursuant to this chapter shall be transferred to the control of the trustee within five calendar days, along with all documents, digital records, contracts, and files related to the operation of the carpet stewardship plan.

(8) A mechanism for submitting a successor carpet stewardship plan to the department no less than 12 months before the expiration of the submitted carpet stewardship plan. If a carpet stewardship organization fails to submit a successor carpet stewardship plan at least 12 months before the expiration of the carpet stewardship plan, then the carpet stewardship organization shall, upon the expiration of the submitted carpet stewardship plan, cease being the stewardship organization, for purposes of this chapter.

(b) The plan prepared pursuant to this section shall be designed to accept and manage all suitable postconsumer carpet, regardless of polymer type or primary materials of construction.

(c) (1) In recognition that the material makeup and construction of postconsumer carpet affects the technical and economic recyclability of carpet, the funding mechanism required pursuant to paragraph (4) of subdivision (a) shall establish and be composed of a system of differential assessments that takes into account the financial burden that a particular carpet material has on the stewardship program, and the amount of postconsumer recycled content contained in a particular carpet. Based on market history and modeling, if a certain carpet material requires a higher subsidy to incentivize use in the marketplace, then that material shall have a proportionally higher assessment assigned to it. The assessment shall be remitted to the carpet stewardship organization on a quarterly basis and the carpet stewardship organization may expend the assessment only to carry out the plan.

(2) The amount of the assessment and the anticipated revenues from the assessment shall be specified in the plan and shall be approved by the department as part of the plan. The amount of the assessment shall be sufficient to meet, but not exceed, the anticipated cost of carrying out the plan. The amount of the assessment shall not create an unfair advantage in the marketplace.

(3) The assessment established pursuant to this subdivision is exempt from the taxes imposed by Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code and shall meet both of the following requirements:

(A) The assessment shall be added by a manufacturer to the purchase price of all carpet sold by manufacturers to a California retailer or wholesaler or otherwise sold for use in the state. The assessment shall be clearly visible on invoices or functionally equivalent billing documents as a separate line item and shall be accompanied by a brief description of the assessment or a label approved by the department.

(B) Each retailer and wholesaler shall add the assessment to the purchase price of all carpet sold in the state. The assessment shall be clearly visible on invoices or functionally equivalent billing documents as a separate line item and shall be accompanied by a brief description of the assessment or a label approved by the department.

(4) It is the intent of the Legislature that the amount of the assessment be reduced by the stewardship organization as the carpet stewardship program is implemented over time and becomes more efficient.

(5) (A) If the amount of the assessment is insufficient to fund the carpet stewardship program, the stewardship organization shall submit a plan update to the department for approval, conditional approval, or disapproval to increase the assessment.

(B) If the assessment generates a fund balance at the end of a program year that is greater than one year’s operating costs of the carpet stewardship program, the stewardship organization shall submit a plan update to the department for approval, conditional approval, or disapproval to reduce the assessment.

(6) A carpet stewardship organization shall not expend funds from the assessment for any of the following purposes:

(A) Penalties imposed pursuant to Section 42978.

(B) Costs associated with litigation against the state.

(C) Engineered municipal solid waste conversion, as defined in Section 40131.2, the use of cement kilns to burn carpet, or transformation, as defined in Section 40201.

(d) A carpet stewardship organization that submits a plan pursuant to this section shall consult with retailers and wholesalers in the development of the plan, in order to minimize the impacts of the plan on retailers and wholesalers.

(e) A carpet stewardship organization shall notify the department within 30 days after instituting a significant or material change to an approved carpet stewardship plan.

history: (History: Amended by Stats. 2024, Ch. 675, Sec. 2. (AB 863) Effective January 1, 2025. Conditionally inoperative pursuant to Section 42983.5.)


text:
(a) The Director of Resources Recycling and Recovery shall appoint members to an advisory committee, which shall make recommendations on carpet stewardship plans submitted to the department pursuant to Section 42972. The Speaker of the Assembly and the Senate Committee on Rules shall each appoint one additional member to the advisory committee. The advisory committee may be composed of, among others, individuals in the environmental community, the solid waste industry, and local government, public or private representatives involved in the collection, processing, and recycling of carpet, and other interested parties as determined by the Director of Resources Recycling and Recovery. The Director of Resources Recycling and Recovery shall appoint to the advisory committee one member who represents carpet manufacturers and at least one member who is a representative of either the Southern California Resilient Floor and Decorative Covering Crafts Joint Apprenticeship and Training Committee or the Northern California Floor Covering Finishing Trades Institute Joint Apprenticeship Training Committee.

(b) A carpet stewardship organization or manufacturer, as applicable, shall provide to the advisory committee a copy of the carpet stewardship plan or amendments to the plan no less than 30 days before submitting the carpet stewardship plan or amendments to the plan to the department pursuant Section 42972. A carpet stewardship organization or manufacturer, as applicable, shall provide to the advisory committee a copy of the annual report required pursuant to Section 42976 no less than 30 days before submitting the annual report to the department. The advisory committee shall provide comments and recommendations to the carpet stewardship organization or manufacturer and to the department based on their review of the materials.

(c) A carpet stewardship organization or manufacturer, as applicable, shall incorporate to the extent feasible the advisory committee’s recommendations into the carpet stewardship plan, amendments to the plan, or annual report before submitting the plan, amendments to the plan, or annual report to the department. If the carpet stewardship organization or manufacturer is unable to incorporate the recommendations, it shall provide a written explanation to the department and the advisory committee. The explanation shall detail whether the carpet stewardship organization or manufacturer plans to incorporate the recommendations into a subsequent carpet stewardship plan, subsequent amendments to the plan, or a subsequent annual report.

(d) A member of the advisory committee shall serve without compensation, but shall be reimbursed for actual and necessary travel and other expenses incurred in the performance of his or her official duties.

history: (History: Added by Stats. 2017, Ch. 794, Sec. 3. (AB 1158) Effective January 1, 2018. Conditionally inoperative pursuant to Section 42983.5.)


text:
(a) The Legislature hereby declares that it is the goal of the state to reach a 24-percent recycling rate for postconsumer carpet by January 1, 2020, and to meet or exceed that rate continually thereafter.

(b) No sooner than January 1, 2020, and no less frequently than every three years thereafter, the department shall review and may adjust the recycling rate and program goals set forth in paragraph (2) of subdivision (a) of Section 42972, based on information included in carpet stewardship plans and annual reports, other information provided by carpet stewardship organizations, and economic and any other relevant information.

history: (History: Added by Stats. 2017, Ch. 794, Sec. 4. (AB 1158) Effective January 1, 2018. Conditionally inoperative pursuant to Section 42983.5.)


text:
(a) The department may audit the carpet stewardship organization or an individual manufacturer annually.

(b) It is a violation of this chapter for the carpet stewardship organization, manufacturer, or their respective agent who holds records to fail to produce, as part of a department audit or review of a third-party audit, documents or data that is requested by the department or documents or data that is required to be collected or generated to carry out operation of the carpet stewardship plan in the form and manner determined by the department.

history: (History: Added by Stats. 2024, Ch. 675, Sec. 3. (AB 863) Effective January 1, 2025. Conditionally inoperative pursuant to Section 42983.5.)


text:
(a) (1) A carpet stewardship organization, as part of its carpet stewardship plan, shall set up a trust fund or an escrow account, into which it shall deposit all unexpended funds and ongoing consumer assessments, for use in accordance with this section in the event that the plan terminates or is revoked.

(2) For purposes of this subdivision, “unexpended funds” means assessment money in the stewardship organization’s accounts that the stewardship organization is not already obligated to pay pursuant to a contract, claim, or similar mechanism.

(b) If a carpet stewardship plan terminates or is revoked, the trustee or escrow agent of a trust fund or escrow account set up pursuant to subdivision (a) shall do both of the following, starting within 30 days:

(1) Accept carpet stewardship assessment payments directly from manufacturers into the trust fund or escrow account that would have been made to the stewardship organization prior to the carpet stewardship plan’s termination or revocation.

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

(c) If a new carpet stewardship plan has not been approved by the department within one year after termination or revocation, the department may make modifications to the previously approved plan, as it deems necessary, and continue to direct payments from the trust fund or escrow account in accordance with paragraph (2) of subdivision (b) to implement the modified plan.

(d) A trustee or escrow agent in possession of assessment funds shall, as directed by the department, transfer those funds to a successor carpet stewardship organization with an approved plan.

history: (History: Added by Stats. 2019, Ch. 680, Sec. 4. (AB 729) Effective January 1, 2020. Conditionally inoperative pursuant to Section 42983.5.)


text:
(a) (1) Within 60 days after the department receives a plan submitted pursuant to Section 42972, it shall review the plan, determine whether it complies with Section 42972, and notify the submitter of its decision to approve or not approve the plan.

(2) On or after April 1, 2015, an organization appointed by one or more manufacturers to act as an agent on behalf of the manufacturer to design, submit, and administer a carpet stewardship plan pursuant to this chapter may submit a plan to the department pursuant to Section 42972 and that plan may be approved by the department, subject to the requirements of paragraph (1), only if the department makes both of the following findings:

(A) The plan will not have the effect of reducing the level of diversion and recycling of postconsumer carpet that has been achieved pursuant to this chapter at the time the department reviews the plan.

(B) The amount of the assessment in the plan will not create an unfair advantage in the marketplace for one or more of the companies in the organization.

(b) If the department does not approve the plan, it shall describe the reasons for its disapproval in the notice. The submitter may revise and resubmit the plan within 60 days after receiving notice of disapproval and the department shall review and approve or not approve the revised plan within 60 days after receipt. Any plan not approved by March 31, 2012, shall be out of compliance with this chapter and the submitter of the plan is subject to the penalties specified in Section 42978 until the plan is approved by the department.


text: A carpet stewardship organization shall provide to the department all data necessary for the department to evaluate the effectiveness of the program as it is described in the carpet stewardship plan and in annual reports submitted by the carpet stewardship organization. This data shall include, but is not limited to, the costs of collection and of processing and recycling postconsumer carpet, and any other data necessary to determine whether the amount of the assessment, as proposed in the stewardship plan pursuant to subdivision (c) of Section 42972, will be sufficient to achieve the goals of this chapter and the goals established in the carpet stewardship plan.

history: (History: Added by Stats. 2017, Ch. 794, Sec. 6. (AB 1158) Effective January 1, 2018. Conditionally inoperative pursuant to Section 42983.5.)


text:
(a) A carpet stewardship organization shall include nonvoting board members with representation from the following types of entities:

(1) A circular economy environmental nongovernmental organization.

(2) A retailer that sells covered products.

(3) A labor representative from a floor covering joint apprenticeship program in northern California that is approved by the Division of Apprenticeship Standards.

(4) A labor representative from a floor covering joint apprenticeship program in southern California that is approved by the Division of Apprenticeship Standards.

(b) A carpet stewardship organization shall pay the travel costs and other expenses for the nonvoting members identified in subdivision (a) to participate in all board meetings.

history: (History: Added by Stats. 2024, Ch. 675, Sec. 4. (AB 863) Effective January 1, 2025. Conditionally inoperative pursuant to Section 42983.5.)


text: A carpet stewardship organization shall be responsible for a carpet stewardship plan and shall make decisions regarding the implementation of a carpet stewardship plan, consistent with this chapter. A carpet stewardship organization shall not delegate any responsibility of its board of directors, or any decisionmaking responsibility regarding a carpet stewardship plan, to a person who is not a member of its board of directors.

history: (History: Added by Stats. 2024, Ch. 675, Sec. 5. (AB 863) Effective January 1, 2025. Conditionally inoperative pursuant to Section 42983.5.)


text:
(a) The department shall enforce this chapter.

(b) On and after April 1, 2012, a manufacturer, wholesaler, or retailer that offers a carpet for sale in this state, or who offers a carpet for promotional purposes in this state, is not in compliance with this chapter and is subject to penalties pursuant to Section 42978, if the carpet is not subject to a plan that is submitted by an organization that includes the manufacturer of that carpet, which plan has been approved by the department pursuant to Section 42973.

(c) (1) On July 1, 2012, and not later than January 1 and July 1 annually thereafter, the department shall post a notice on its internet website listing manufacturers that are in compliance with this chapter.

(2) A manufacturer that is not listed on the department’s internet website pursuant to this subdivision, but demonstrates to the satisfaction of the department that the manufacturer is in compliance with this chapter before the next notice is required to be posted, may request a certification letter from the department stating that the manufacturer is in compliance. The letter shall constitute proof of compliance with this chapter.

(d) A wholesaler or retailer that distributes or sells carpet shall monitor the department’s internet website to determine if the sale of a manufacturer’s carpet is in compliance with the requirements of this chapter. Notwithstanding Section 42978, a wholesaler or retailer otherwise in compliance with this chapter shall be deemed in compliance with this section if, on the date the wholesaler or retailer ordered or purchased carpet, the manufacturer was listed as a compliant manufacturer on the department’s internet website.

(e) If a carpet stewardship plan that was previously approved by the department pursuant to Section 42973 terminates or is revoked, the department may allow a manufacturer that is no longer subject to that plan because the plan terminated or was revoked to continue to sell carpet in California for a period of one year after the plan terminated or was revoked, without being subject to penalties pursuant to this section or Section 42978, if the manufacturer does either of the following:

(1) The manufacturer continues to operate under the most recent approved carpet stewardship plan that the manufacturer was subject to and makes assessment payments to the trust fund or escrow account as provided for in paragraph (1) of subdivision (b) of Section 42972.7.

(2) The manufacturer provides the department with an alternative carpet recycling plan governing its own products that are sold in California, and the department approves the manufacturer’s alternative carpet recycling plan.

history: (History: Amended by Stats. 2019, Ch. 680, Sec. 5. (AB 729) Effective January 1, 2020. Conditionally inoperative pursuant to Section 42983.5.)


text:
(a) In order to achieve compliance with this chapter, a carpet stewardship organization shall, on or before September 1 of each year, demonstrate to the department that it has achieved the amount and rates of recycling and a reduction in disposal of postconsumer carpet subject to its stewardship plan and the other goals included in the organization’s plan pursuant to paragraph (2) of subdivision (a) of Section 42972. In determining compliance, the department shall consider all of the following:

(1) The baseline rate of compliance against which the demonstrated improvement is compared, including progress in achieving the goals outlined in subparagraphs (A) to (E), inclusive, of paragraph (2) of subdivision (a) of Section 42972.

(2) The quantifiable five-year goals and annual goals included in the carpet stewardship plan pursuant to paragraph (2) of subdivision (a) of Section 42972.

(3) Information provided in the organization’s report to the department pursuant to Section 42976.

(b) If more than one organization submits a carpet stewardship plan pursuant to this chapter, the department shall use information submitted by the organization in its annual report pursuant to Section 42976 to determine to what extent the recycling rates, the reductions in disposal rates, and the achievement of the other goals included in the plan are attributable to each organization and shall determine compliance with this chapter accordingly.

history: (History: Amended by Stats. 2018, Ch. 340, Sec. 1. (AB 2097) Effective January 1, 2019. Conditionally inoperative pursuant to Section 42983.5.)


text:
On or before September 1 of each year, a manufacturer of carpet sold in the state shall, individually or through a carpet stewardship organization, submit to the department a report describing its activities to achieve the purposes of this chapter, as described in Section 42970, and to comply with Section 42975. At a minimum, the report shall include all of the following:

(a) The amount of carpet sold by square yards and weight, in the state during the reporting period. A carpet stewardship organization with more than one manufacturer may use average weight.

(b) The amount of postconsumer carpet recycled, by weight, during the reporting period.

(c) The amount of postconsumer carpet recovered but not recycled, by weight, and its ultimate disposition.

(d) The total cost of implementing the carpet stewardship plan.

(e) An evaluation of the effectiveness of the carpet stewardship plan, and anticipated steps, if needed, to improve performance.

(f) Examples of educational materials that were provided to consumers during the reporting period.

history: (History: Amended by Stats. 2018, Ch. 340, Sec. 2. (AB 2097) Effective January 1, 2019. Conditionally inoperative pursuant to Section 42983.5.)


text:
(a) The carpet stewardship organization submitting a carpet stewardship plan shall pay the department a quarterly administrative fee. The department shall set the fee at an amount that, when paid by every carpet stewardship organization that submits a carpet stewardship plan, is adequate to cover the department’s full costs of administering and enforcing this chapter, including any program development costs or regulatory costs incurred by the department prior to carpet stewardship plans being submitted. The department may establish a variable fee based on relevant factors, including, but not limited to, the portion of carpets sold in the state by members of the organization compared to the total amount of carpet sold in the state by all organizations submitting a carpet stewardship plan.

(b) The total amount of fees collected annually pursuant to this section shall not exceed the amount necessary to recover costs incurred by the department in connection with the administration and enforcement of the requirements of this chapter.

(c) The department shall identify the direct development or regulatory costs it incurs pursuant to this chapter prior to the submittal of a carpet stewardship plan and shall establish a fee in an amount adequate to cover those costs, which shall be paid by a carpet stewardship organization that submits a carpet stewardship plan. The fee established pursuant to this subdivision shall be paid pursuant to the schedule specified in subdivision (d).

(d) A carpet stewardship organization subject to this section shall pay a quarterly fee to the department to cover the administrative and enforcement costs of the requirements of this chapter pursuant to subdivision (a) on or before July 1, 2012, and every three months thereafter and the applicable portion of the fee pursuant to subdivision (c) on July 1, 2012, and every three months thereafter through July 1, 2014.

(e) The department shall deposit the fees collected pursuant to this section into the Carpet Stewardship Account created pursuant to Section 42977.1.

history: (History: Amended by Stats. 2019, Ch. 680, Sec. 6. (AB 729) Effective January 1, 2020. Conditionally inoperative pursuant to Section 42983.5.)


text:
(a) The Carpet Stewardship Account and the Carpet Stewardship Penalty Subaccount are hereby established in the Integrated Waste Management Fund.

(b) All fees collected by the department pursuant to this article shall be deposited in the Carpet Stewardship Account and may be expended by the department, upon appropriation by the Legislature, to cover the department’s costs to implement this chapter.

(c) All civil penalties collected pursuant to this article shall be deposited in the Carpet Stewardship Penalty Subaccount and may be expended by the department, upon appropriation by the Legislature, to cover the department’s costs to implement this chapter.


text:
(a) A 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) Twenty-five thousand dollars ($25,000) per day if the violation is intentional, knowing, or negligent.

(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.

history: (History: Amended by Stats. 2024, Ch. 675, Sec. 6. (AB 863) Effective January 1, 2025. Conditionally inoperative pursuant to Section 42983.5.)


text:
(a) This chapter does not limit, supersede, duplicate, or otherwise conflict with the authority of the Department of Toxic Substances Control under Section 25257.1 of the Health and Safety Code to fully implement Article 14 (commencing with Section 25251) of Chapter 6.5 of Division 20 of the Health and Safety Code, including the authority of the department to include a carpet in a product registry adopted pursuant to that article.

(b) Notwithstanding subdivision (a), the Department of Toxic Substances Control shall fully consider the measures taken by the carpet industry pursuant to this chapter, and the results of those measures, when considering whether to include carpet in a product registry adopted pursuant to, or to otherwise regulate carpet pursuant to, Article 14 (commencing with Section 25251) of Chapter 6.5 of Division 20 of the Health and Safety Code.


text: If the department determines that a carpet stewardship organization or manufacturer has not complied with one or more of the requirements of this chapter, the department may, through a public process, adopt regulations that establish requirements for carpet stewardship organizations and manufacturers to take specific actions in order to bring the carpet stewardship organization or manufacturer into compliance with this chapter.

history: (History: Added by Stats. 2024, Ch. 675, Sec. 7. (AB 863) Effective January 1, 2025. Conditionally inoperative pursuant to Section 42983.5.)


text:
(a) Except as provided in subdivision (b), any action by a carpet stewardship 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):

(1) The creation, implementation, or management of a carpet stewardship plan approved by the department pursuant to Section 42973 and the types or quantities of carpet being recycled or otherwise managed as described in Section 42970.

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

(3) The establishment, administration, or disbursement of a carpet stewardship assessment as described in Section 42972.

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

(1) Fixes a price of or for carpet, except for any agreement related to a carpet stewardship assessment pursuant to a carpet stewardship plan approved by the department and otherwise in accordance with this chapter.

(2) Fixes the output of production of carpet.

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

history: (History: Amended by Stats. 2019, Ch. 680, Sec. 8. (AB 729) Effective January 1, 2020. Conditionally inoperative pursuant to Section 42983.5.)


text:
The Department of General Services shall, to the extent feasible and within existing resources, take appropriate steps, including, but not limited to, revising relevant procurement rules, to ensure both of the following requirements are satisfied:

(a) Postconsumer carpet that is removed from state buildings is managed in a manner consistent with the purpose of this chapter.

(b) Carpet purchased by a state agency contains a minimum amount of postconsumer content that shall be determined by the Department of General Services and published in the State Contracting Manual by July 1, 2018.

history: (History: Amended by Stats. 2017, Ch. 794, Sec. 9. (AB 1158) Effective January 1, 2018. Conditionally inoperative pursuant to Section 42983.5.)


text: It is the intent of the Legislature to review any federal law that has the purpose of managing postconsumer carpet in a manner consistent with this chapter and to consider the extent to which the program created by that federal law will, at a minimum, achieve the same levels of landfill diversion and recycling of postconsumer carpet in California as this chapter.

history: (History: Added by Stats. 2010, Ch. 681, Sec. 2. (AB 2398) Effective January 1, 2011. Conditionally inoperative pursuant to Section 42983.5.)


text:
This chapter shall become inoperative when all the following are met:

(a) The department has adopted regulations pursuant to Section 42968.1.

(b) The department has approved a producer responsibility plan, as defined by Section 42968, for the purposes of Chapter 19.5 (commencing with Section 42968).

(c) The department has provided notice to the producer responsibility organization of its intent to send the letter described in subdivision (d) at least 90 days before sending the letter.

(d) The department has submitted to the relevant committees of the Legislature a letter indicating that the conditions in subdivisions (a) to (c), inclusive, have been met, that the department is prepared to implement Chapter 19.5 (commencing with Section 42968), and that the producer responsibility organization is prepared to implement the producer responsibility plan. The department shall post the letter on its internet website.

history: (History: Added by Stats. 2024, Ch. 675, Sec. 8. (AB 863) Effective January 1, 2025.)


text: This act may be known, and shall be cited, as the Responsible Textile Recovery Act of 2024.

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

article: 1. General Provisions

path: 30. WASTE MANAGEMENT > 20.5. Responsible Textile Recovery Act of 2024 > 1. General Provisions


text:
(a) The purpose of this chapter is to increase the amount of postconsumer apparel and textile articles that are diverted from landfills and reused, repaired, and recycled into secondary products or otherwise managed in a manner that is consistent with the state’s hierarchy for waste management practices pursuant to Section 40051.

(b) It is the purpose of this chapter that any producer, regardless of whether that producer is domiciled in California, who sells, offers for sale, or distributes a covered product into the state shall be responsible for complying with this chapter.

chapter: 20.5. Responsible Textile Recovery Act of 2024

article: 1. General Provisions


text: The department, acting in accordance with Article 1 (commencing with Section 11340) to Article 8 (commencing with Section 11350), inclusive, of the Administrative Procedure Act, as set forth in Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, shall adopt regulations to implement this chapter with an effective date of no earlier than July 1, 2028. The department’s regulations shall encourage recycling that minimizes generation of hazardous waste, generation of greenhouse gases, environmental impacts, environmental justice impacts, and public health impacts.

article: 1. General Provisions


text:
(a) (1) “Apparel” means clothing and accessory items intended for regular wear or formal occasions and outdoor activities. For purposes of this chapter “apparel” includes only undergarments, shirts, pants, skirts, dresses, overalls, bodysuits, costumes, vests, dancewear, suits, saris, scarves, tops, leggings, school uniforms, leisurewear, athletic wear, sports uniforms, swimwear, formal wear, onesies, bibs, footwear, handbags, backpacks, knitted and woven accessories, jackets, coats, snow pants, ski pants, and everyday uniforms for workwear.

(2) “Apparel” does not include any of the following:

(A) Personal protective equipment or clothing items for use by the United States military.

(B) Personal protective equipment worn to protect the wearer from health or environmental hazards.

(C) Reusable products designed to collect and absorb urine and feces, or reusable products regulated by the United States Food and Drug Administration that are designed to collect and absorb menstruation or vaginal discharge.

(b) “Authorized collector” means a person or entity that has entered into an agreement with a PRO to collect covered products.

(c) “Authorized sorter” means a person or entity that has entered into an agreement with a PRO to sort covered products collected by authorized collectors.

(d) “Authorized repair business” means a person or entity that has entered into an agreement with a PRO to repair covered products for resale after collection by an authorized collector or after sorting by an authorized sorter.

(e) “Brand” means a trademark, including both a registered trademark and an unregistered trademark, a logo, a name, a symbol, a word, an identifier, or a traceable mark that identifies a covered product and identifies the owner or licensee of the brand.

(f) “Collection box” means an unattended container, box, receptacle, or similar device used for soliciting and collecting donations of covered products, including apparel or textile articles.

(g) “Collection site” means a permanent or temporary location operated by an authorized collector at which covered products are collected and prepared for transport in accordance with the requirements of this chapter.

(h) “Consumer” means an owner of a covered product, including a person, business, corporation, limited partnership, nonprofit organization, or governmental entity, and includes the ultimate purchaser, owner, or lessee of a covered product, who is not, as to that covered product, the distributor, importer, producer, recycler, retailer, or PRO.

(i) (1) “Covered product” means an apparel or textile article.

(2) “Covered product” does not include any of the following:

(A) A product covered under the Used Mattress Recovery and Recycling Act (Chapter 21 (commencing with Section 42985)).

(B) A product covered under the Electronic Waste Recycling Act of 2003 (Chapter 8.5 (commencing with Section 42460)).

(C) A product covered under the Product Stewardship for Carpets law (Chapter 20 (commencing with Section 42970)).

(D) An automated, motorized, battery, or manual window covering that is operated using an electric motor or other automated system, or manually adjusted by pulling cords or lifting mechanisms.

(j) “Department” means the Department of Resources Recycling and Recovery or a successor agency.

(k) “Distributor” means a company that has a contractual relationship with one or more producers to market and sell covered products to a retailer.

(l) “Importer” means either of the following:

(1) A person 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 covered product that is sold, distributed for sale, or offered for sale in or into the state that was manufactured or assembled by a company outside of the United States.

(2) A person importing into the state for sale, distributing for sale, or offering for sale in the state a covered product that was manufactured or assembled by a company physically located outside of the state.

(m) “Local jurisdiction” means a city, county, city and county, or a regional agency formed pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code or Article 3 (commencing with Section 40970) of Chapter 1 of Part 2 of this code, or a special district that provides solid waste collection services.

(n) “Mail-back program” means a method of collecting covered products using prepaid, preaddressed mailing envelopes, boxes, or other means that are reusable, recyclable, or compostable.

(o) “Needs assessment” means a needs assessment prepared pursuant to Section 42984.6.

(p) “Nonprofit thrift store” has the same meaning as set forth in Section 6363.3 of the Revenue and Taxation Code.

(q) “Online marketplace” has the same meaning as set forth in Section 1749.8 of the Civil Code.

(r) “Person” has the same meaning as set forth in Section 40170.

(s) (1) “Producer” means a person who manufactures a covered product and who owns or is the licensee of the brand or trademark under which that covered product is sold, offered for sale, or distributed for sale in or into the state.

(2) If there is no person in the state who is the producer for purposes of paragraph (1), the producer of the covered product is the owner of a brand or trademark or, if the owner is not in the state, the exclusive licensee of a brand or trademark under which the covered product is sold, imported for sale, offered for sale, or distributed for sale in or into the state, regardless of whether the trademark is registered. For purposes of this subdivision, an exclusive licensee is a person holding the exclusive right to use a trademark or brand in the state in connection with the manufacture, sale, or distribution for sale in or into the state of the covered product.

(3) If there is no person in the state who is the producer for purposes of paragraph (1) or (2), then the producer of the covered product is the person that imports the covered product into the state for sale or distribution.

(4) If there is no other person in the state who is the producer for purposes of paragraph (1), (2), or (3), the producer of the covered product is the distributor, retailer, or wholesaler who sells the product in or into the state.

(5) For the purposes of this chapter, the sale of a covered product shall be deemed to occur in the state if the covered product is delivered to the consumer in the state.

(6) This chapter does not prohibit a person who manufactures, distributes, imports, offers for sale, or sells the covered product from assuming some or all of the duties and liabilities of the producer of the covered product and relieving from those duties and liabilities any other person who manufactures, distributes, imports, offers for sale, or sells the covered product.

(7) “Producer” does not include a seller that only sells secondhand covered products.

(8) “Producer” does not include a seller with less than one million dollars ($1,000,000) in annual aggregate global turnover adjusted annually pursuant to the California Consumer Price Index for All Urban Consumers for all items, as determined by the Department of Industrial Relations. The aggregate global turnover of a producer within the meaning of this chapter shall be calculated by adding together the respective turnovers of all of the following:

(A) The producer concerned.

(B) Those entities in which the producer is concerned, directly or indirectly, as follows:

(i) Owns more than one-half the capital or business assets.

(ii) Has the power to exercise more than one-half the voting rights.

(iii) Has the power to appoint more than one-half the members of the supervisory board, the administrative board, or bodies legally representing the undertakings.

(iv) Has the right to manage the entities’ affairs.

(C) Those entities that have in the producer concerned the rights or powers listed in subparagraph (B).

(D) Those entities in which an entity referred to in subparagraph (C) has the rights or powers listed in subparagraph (B).

(E) Those entities in which two or more entities as referred to in subparagraphs (A) to (D), inclusive, jointly have the rights or powers listed in subparagraph (B).

(t) “Producer responsibility organization” or “PRO” means an organization that is exempt from taxation under Section 501(c)(3) of the federal Internal Revenue Code of 1986, is formed for the purpose of implementing a plan to meet the requirements of this chapter, and is approved by the department.

(u) “Producer responsibility plan” or “plan” means the plan developed by the PRO for the collection, transportation, repair, recycling, and the safe and proper management of covered products pursuant to subdivision (a) of Section 42984.8 and submitted to the department for approval pursuant to subdivision (b) of Section 42984.8.

(v) “Recycle” or “recycling” has the same meaning as set forth in paragraphs (1), (2), and (3) of subdivision (aa) of Section 42041. To be considered recycled, covered products shall be recycled into new, reused, or reconstituted products.

(w) “Repair” means any alteration or improvement of damaged covered product deemed worth the cost of repair by criteria established by the plan, including, but not limited to, any of the following:

(1) Redesigning and repurposing.

(2) Mending rips, holes, seams, and hems.

(3) Removing and repairing surface damage, such as pilling, stain removal, or abrasion.

(4) Securing and reattaching buttons and other fastenings.

(5) Dyeing, redyeing, overdyeing, or printing of images on covered products.

(6) Preparation for reuse and resale.

(x) “Responsible end market” has the same meaning as set forth in subdivision (ad) of Section 42041.

(y) “Retailer” means a person who sells or offers for sale a covered product in or into the state to a person through any means, including, but not limited to, sales outlets, catalogs, the telephone, the internet, or any electronic means.

(z) “Reuse” means the resale of a collected covered product to a consumer for its original intended use with or without repair.

(aa) “Secondhand covered product” means any covered product that has been previously owned by a consumer.

(ab) “Secondhand markets” means a retailer who sells secondhand covered products, including, but not limited to, thrift stores, collection box operators, online resale platforms, and flea markets.

(ac) “Sell” has the same meaning as set forth in Section 6006 of the Revenue and Taxation Code.

(ad) “Stewardship program” means a program established by a PRO pursuant to this chapter for the free, convenient, and safe collection, transportation, repair, recycling, and otherwise proper management of covered products.

(ae) (1) “Textile article” means an item customarily used in households or businesses that are made entirely or primarily from a natural, artificial, or synthetic fiber, yarn, or fabric. For purposes of this chapter, “textile article” includes only blankets, curtains, fabric window coverings, knitted and woven accessories, towels, tapestries, bedding, tablecloths, napkins, linens, and pillows.

(2) “Textile article” does not include single-use products including paper towels, paper napkins, toilet paper, facial tissue, and wet or dry wipes.

(af) “Third-party seller” has the same meaning as set forth in Section 1749.8 of the Civil Code.

history: (History: Amended by Stats. 2025, Ch. 67, Sec. 173. (AB 1170) Effective January 1, 2026.)

article: 1. General Provisions


text:
(a) (1) Producers of covered products shall form and join a PRO for the purposes of complying with this chapter. The governing body of the PRO shall submit an application to the department by January 1, 2026, describing how the PRO meets the requirements to be an approved PRO pursuant to this chapter. If the department approves the PRO, the PRO shall proceed to carry out the requirements of this chapter. If applications for more than one PRO are submitted to the department, the department shall determine which proposed PRO can most effectively implement this chapter.

(2) The department shall, by, March 1, 2026, approve a PRO that meets the requirements of this chapter and both of the following:

(A) The PRO has a governing board consisting of producers that are diverse in size and type and that represent the diversity of covered products placed in the market by those entities. The governing board may include ex officio members involved in the collection, sorting, repair, reuse, recycling, or management of covered products.

(B) The PRO demonstrates that it has adequate financial responsibility and financial controls in place, including fraud prevention measures and an audit schedule, to ensure proper management of funds.

(3) All producers of covered products shall, by July 1, 2026, join the PRO approved by the department.

(4) After January 1, 2035, upon the determination of the director that an additional PRO would be beneficial in satisfying the requirements of this chapter, the department may approve additional PROs that meet the requirements of this chapter and that meet all of the following requirements:

(A) The proposed PRO submits to the department, and agrees to cover the department’s reasonable costs to review, a petition to establish a new PRO.

(B) The proposed PRO is composed of a sufficient number of producers to jointly comply with the requirements of this chapter.

(C) The proposed PRO agrees to cover the costs of all of the provisions of this chapter applicable to the proposed PRO and its participant producers.

(b) Each producer covered under a PRO shall register with that PRO in accordance with the procedures and requirements established by that PRO and shall comply with those procedures and requirements.

(c) Upon approval of a plan pursuant to Section 42984.8, or commencing July 1, 2030, whichever is sooner, a producer shall be subject to penalties under Section 42984.21 unless all of the following are met:

(1) The producer is a participant of the PRO.

(2) All covered products are accounted for in the plan.

(3) If an entity does not meet the definition of a producer and is not subject to this chapter before January 1, 2030, but, at any point, after January 1, 2030, meets the definition of a producer, the producer shall, within 90 days, become a participant of the PRO and comply with the requirements of this chapter.

(d) A producer is not in compliance with this chapter and is subject to penalties pursuant to this chapter if a covered product sold or offered for sale by the producer is not subject to an approved PRO plan that has been approved by the department pursuant to Section 42984.8.

article: 2. Producers

path: 30. WASTE MANAGEMENT > 20.5. Responsible Textile Recovery Act of 2024 > 2. Producers


text:
(a) The intent of this chapter is to establish a statewide extended producer responsibility program for apparel and textile articles that emphasizes repair and reuse, and minimizes generation of hazardous waste, generation of greenhouse gases, environmental impacts, environmental justice impacts, and public health impacts.

(b) Due to distinct market elements associated with the textile and apparel industry that can utilize direct-to-consumer transactions from an overseas manufacturer to a consumer, the provisions of this chapter associated with online marketplaces are intended to be unique to this sector.

article: 1. General Provisions


text:
(a) No later than 30 days after the effective date of the regulations implementing this chapter, individual producers or the PRO shall provide to the department, in a form and manner established by the department, a list of brands of covered products that each producer sells, distributes for sale, imports for sale, or offers for sale in or into the state.

(b) A producer or PRO shall update the list described in subdivision (a) and provide the updated list to the department on or before January 15 of each year or upon request of the department.

article: 2. Producers


text:
(a) (1) A PRO shall prepare the initial statewide needs assessment designed to determine the necessary steps and investment needed for covered products, to achieve the requirements of this chapter. Needs assessments, or components thereof, shall be updated every five years or as necessary to ensure the requirements of this chapter are met. An initial needs assessment for covered products shall be completed before the completion and approval of any producer responsibility plan for covered products. The PRO may select an independent third-party contractor to complete the needs assessment.

(2) A PRO shall cover the cost of developing any needs assessment and any update to a needs assessment.

(3) A PRO may prepare more than one needs assessment, with each assessment specific to one or more covered products subject to this chapter, or may prepare one comprehensive needs assessment that includes all covered products subject to this chapter.

(4) A PRO shall consult with the department and local jurisdictions when preparing the needs assessment.

(5) The initial needs assessment, and any updates, shall be submitted to the department by March 1, 2027. The department shall review and approve, conditionally approve, or disapprove the needs assessment as meeting the requirements of this chapter within 90 days of submission.

(6) If there is more than one PRO approved by the department at the time updated needs assessments are completed, then the approved PROs may collaborate on a single needs assessment.

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

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

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

(A) Existing scope and scale of annual covered products diverted to landfill in the state by type of covered product, material composition, and volume and annual covered product recovery diverted to reuse, repair, or recycling in the state or from the state by type of covered product, material composition, and volume.

(B) The current repair, reuse, recycling, collection, sorting, and hauling system in the state and the expanded access and additional repair, reuse, recycling, collection, sorting, disassembly, and hauling options needed to meet the requirements of this chapter.

(C) Current market conditions and the need to create responsible and economically viable end markets in the state, regionally, and globally.

(D) Existing state statutory provisions and funding sources related to market development and financial incentives to help achieve the state’s goals related to repair, reuse, recycling, collection, sorting, disassembly, and hauling.

(E) Consumer education needs and the methods by which the PRO can best reach consumers with educational messaging.

(F) Consumer behaviors to drive repair, reuse, and recycling and to achieve the requirements of this chapter.

(G) Funding needs and incentive mechanisms necessary to achieve the requirements of this chapter, including coverage of the operation of the stewardship program.

(H) Fee reduction or redistribution mechanisms necessary to achieve the requirements of this chapter, in a manner that equitably distributes the costs among participating producers that reflects production and sales volumes relevant to the California market. Fee reduction or redistribution mechanisms may consider existing producer collection, repair, reuse, and recycling programs that help achieve the purpose of this chapter.

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

(J) An evaluation of the availability or lack of availability of responsible end markets for recycled covered products, the need to incentivize reused products or recycled material market development, and the associated investments and actions needed to ensure that the covered products are reused or recycled and have responsible and economically viable and sufficient end markets.

(K) The needs assessment shall include an evaluation of the factors contributing to the presence of perfluoroalkyl and polyfluoroalkyl substances (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, and the actions and investments needed to avoid contamination related to recycling. This shall include available environmental and public health data and an evaluation of the available end markets for recycled material that cannot be remanufactured into textiles or textile articles in California.

(L) Whether allowing more than one PRO would be beneficial in meeting the requirements of the chapter.

(M) Evaluate what factors will be important to successfully implement the eco-modulated fee structure required by subdivision (b) of Section 42984.10, and what associated data collection will be necessary as part of the plan.

(c) The department shall guide development of a needs assessment, which shall be developed by a PRO in consultation with a broad diversity of local jurisdictions, recycling service providers, and processors that reflect the different needs and challenges presented by managing different covered products through final disposition.

path: 30. WASTE MANAGEMENT > 20.5. Responsible Textile Recovery Act of 2024 > 3. Producer Responsibility Organizations (PROs)


text:
(a) A PRO shall approve collection sites under its stewardship program that agree to comply with all applicable state, federal, or municipal laws, regulations, and rules and conditions adopted by the PRO.

(b) A PRO shall include as a collection site under its stewardship program any local jurisdiction that offers in writing to participate in the stewardship program and agrees to comply with any PRO requirements that are consistent with that PRO’s approved plan even if the minimum thresholds described in subdivision (d) of Section 42984.10, as applicable, have been achieved.

(1) A PRO shall include the local jurisdiction as a collection site in the stewardship program within 90 days of receiving the written offer to participate, confirming that the local jurisdiction will comply with any PRO requirements that are consistent with an approved plan, even if the minimum thresholds described in subdivision (d) of Section 42984.10, as applicable, have been achieved.

(2) The PRO shall not be required to respond to offers pursuant to this paragraph until the PRO’s plan has been approved by the department.

(c) A PRO may suspend or terminate a collection site that does not comply with all applicable state, federal, or municipal laws and regulations or adhere to the rules and conditions imposed by the PRO.

(d) A collection site shall be operated and managed to ensure that covered products are collected safely and handled in accordance with all applicable state, federal, and municipal laws and regulations and the rules and conditions of the plan. Authorized collectors and authorized sorters may divert reusable covered products for sale in secondhand markets.

(e) A PRO shall require all contractors to pay at least the state minimum wage.

(f) Each participant of a PRO with an approved plan shall comply with the requirements of this chapter. The PRO shall notify the department within 30 calendar days of any the following:

(1) The end of any three-month period in which the PRO unsuccessfully attempted to obtain a fee, records, or information from a participant producer, or received incomplete or incorrect records or information.

(2) The date a producer no longer participates in the PRO’s approved plan.

(3) Any instance of noncompliance by a participant producer.

article: 3. Producer Responsibility Organizations (PROs)


text:
(a) Within 12 months of the effective date of the regulations adopted by the department pursuant to Section 42984.2, a PRO shall develop and submit to the department a complete plan, in a form and manner determined by the department, in accordance with the requirements of this chapter, for the collection, transportation, repair, sorting, recycling, and the safe and proper management of covered products in the state. No PRO serving more than one producer may limit its stewardship plan for covered products to the covered products of the producers participating in that stewardship program.

(b) The department shall review the stewardship plan for compliance with this chapter and shall approve, disapprove, or conditionally approve the plan within 120 days of receipt of the plan.

(c) (1) If the department disapproves a plan submitted by a PRO, the department shall explain how the plan does not comply with this chapter and provide written notice to the PRO within 60 days of disapproval. The PRO may resubmit to the department a revised plan within 30 days of the date the written notice was issued, and the department shall review the revised plan within 60 days of resubmittal.

(2) If the department disapproves a revised plan submitted by a PRO, the department shall explain how the plan does not comply with this chapter and provide written notice to the PRO within 60 days of disapproval. The PRO shall then revise and resubmit the plan consistent with the department’s direction within 30 days, otherwise the disapproval is final and the PRO and producers may be subject to penalties.

(3) By July 1, 2030, a PRO shall have a complete plan approved by the department and each producer shall be subject to an approved plan to be in compliance with this chapter.

(d) Within three months of approval by the department, a PRO shall begin to implement the approved plan.

(e) A PRO with an approved plan shall submit any proposed substantial change to the plan to the department for approval employing the procedures set forth in this section.

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

path: 30. WASTE MANAGEMENT > 20.5. Responsible Textile Recovery Act of 2024 > 4. Producer Responsibility Plan for Covered Products


text: The PRO shall fully implement the approved plan within 12 months of the department’s approval of the plan pursuant to Section 42984.8.

article: 4. Producer Responsibility Plan for Covered Products


text:
A plan for covered products shall be designed to accept and manage all postconsumer covered products and shall include all of the following:

(a) The names and contact information, including email address, phone number, and mailing and physical addresses, of producers and brands of covered products covered under the plan.

(b) (1) A description of the method to establish and administer a means for fully funding the PRO in a manner that distributes the PRO’s costs among the producers that are part of the stewardship organization using a per unit eco-modulated fee that reflects California sales volumes, existing producer collection, repair, reuse, and recycling programs that help achieve the purpose of this chapter, and the cost of reusing, repairing, recycling, or otherwise managing covered products pursuant to subdivision (a) of Section 42984.4.

(2) A five-year budget that establishes a funding level sufficient to operate the PRO in a prudent and responsible manner. The budget shall demonstrate how estimated revenues will cover all budgeted costs for each cost category.

(3) Budgeted costs shall include, but not be limited to, administrative costs, education and outreach costs, operational costs, capital costs, and a reserve to operate the PRO should there be unexpected events, such as losses of income, and large unbudgeted expenses in order to protect the recycling infrastructure the PRO relies upon in its plan, during any lapse in producer participation during the life of the program. The plan shall include a description of the types of activities related to each line-item cost category. The reserve cost category shall include a reserve level amount and description justifying the reserve level amount indicated.

(4) The PRO shall maintain reserve funds sufficient to operate the plan for no less than six months. If a new plan submitted by a PRO is approved by the department, the PRO shall establish its reserve and maintain the required reserve fund balance by the end of the second year of plan operation.

(5) Administrative costs shall include the department’s actual and reasonable regulatory costs, which include full personnel costs, to implement and enforce this chapter as the criteria for all the costs that are defined in the regulations adopted pursuant to Section 42984.2. For the purposes of this paragraph, PRO implementation begins once the department approves a PRO’s plan, except the department’s costs shall include actual regulatory development costs and other startup costs incurred prior to plan submittal and approval.

(c) Quantifiable five-year and annual performance standards and metrics unless or until the department publishes performance standards pursuant to Section 42984.19. The PRO shall amend its plan to meet or exceed the performance standards published by the department.

(d) A description of how the PRO will provide for a free and convenient dropoff or collection system for covered products, which shall include permanent collection sites and may include temporary collection sites and mail-back options, in each county of the state that meets both of the following requirements:

(1) Provides for a minimum of 10 permanent collection sites or one permanent collection site per 25,000 people, whichever is greater, except as provided below:

(A) A county with a population of 18,000 and under, as reported annually by the Department of Finance, shall have a minimum of three collection locations.

(B) A county with a population of between 18,001 and 50,000, inclusive, as reported annually by the Department of Finance, shall have a minimum of four collection locations.

(C) A county with a population between 50,001 and 100,000, inclusive, as reported annually by the Department of Finance, shall have a minimum of eight collection locations.

(2) Provides for a reasonable geographic spread of permanent collection sites and an explanation for the geographic spread.

(e) A description of how collection sites will be authorized and managed, including all of the following:

(1) A description of the process by which local jurisdictions can request to be a collection site pursuant to Section 42984.7.

(2) A description of how the PRO will provide to collection sites at no cost the appropriate containers for covered products, training, signage, safety guidance, and educational materials.

(3) An explanation of the process by which the PRO will provide for the transport of covered products at no cost from the collection sites to an authorized sorter, or directly to an authorized repair business, or recycling facility.

(4) A description of how collection sites will be allowed to divert collected covered products to secondhand markets for reuse. Any diversion by collection sites pursuant to this paragraph shall be consistent with the rules established pursuant to paragraph (5).

(5) A list of all proposed rules, conditions, and requirements for authorized collectors, authorized sorters, and authorized repair businesses, including a template proposed agreement for each of those types of entities, as applicable.

(6) A description of how the PRO will prioritize the use of secondhand markets and nonprofit thrift stores, as described in Section 6363.3 of the Revenue and Taxation Code, when establishing collection sites to meet the minimum requirements in subdivision (d).

(7) How collection sites will be instructed to identify and reject counterfeit covered products.

(f) (1) A description of the process by which collected covered products will be sorted, transported, processed, reused, and recycled following collection at collection sites, including all of the following:

(2) A description of how covered products will be handled and managed according to the waste management practices pursuant to Section 40051, including both of the following:

(A) (i) How the plan will prioritize the reuse, including repair, of collected covered products.

(ii) Products designed for use by infants and children under 12 years of age with components that pose a risk of detachment, thus creating choking hazards, or containing components subject to Part 1303 (commencing with Section 1303.1) and Part 1307 (commencing with Section 1307.1) of Title 16 of the Code of Federal Regulations, including, but not limited to, metallic, vinyl, or plastic snaps, zippers, grommets, closures, or appliqués may be excluded from repair and reuse by the PRO.

(B) (i) How the plan will include the incentive payments, grants, and market development investments specified in clause (vii) to encourage reuse over recycling and other methods.

(ii) A description of how covered products will be sorted by authorized sorters, including a description of how the flow of covered products to and from authorized collectors, authorized sorters, authorized repair businesses, and recyclers will be tracked through final disposition.

(iii) A description of how the PRO will maximize the reuse and recycling of all covered products.

(iv) A description of how the PRO will minimize disposal of covered products collected by the PRO.

(v) A description of how the PRO will prioritize, to the extent feasible, the use and development of sorting, repair, and recycling facilities located closer to the point of collection to minimize transportation-related emissions and increase accountability for the ultimate disposition of the covered products.

(vi) A description of the annual assessment the PRO will conduct and the metrics it will use to determine how collection, sorting, and transportation outcomes aligned with projections.

(vii) A description of how the plan will provide 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 will prioritize infrastructure closer to the point of generation pursuant to clause (v).

(viii) A description of how the actions taken pursuant to clause (vii) will ensure that covered products are reused or recycled and have responsible and economically viable end markets.

(g) A comprehensive statewide education and outreach program designed to educate consumers and promote participation in the program offered by the PRO. At a minimum, the comprehensive statewide education and outreach program shall include all of the following:

(1) A description of the education and communications for strategy being implemented to effectively promote participation in the stewardship program and provide the information necessary for effective participation by consumers, retailers, distributors, wholesalers, local jurisdictions, and others.

(2) A joint internet website in coordination with all other PROs, as applicable, that publicizes the location of collection sites and provides information to consumers on how to drop off covered products at the free and convenient network of collection sites offered by the PRO, including any information reasonably necessary to safely and conveniently access the collection, repair, and recycling services offered by the PRO.

(3) Signage that is prominently displayed and easily visible.

(4) All signage and materials required for collection sites by the PRO, and the method by which collection sites can access replacement materials at no cost to the collection site.

(5) A description of efforts to support participation by all California communities, including a description of efforts to communicate with consumers in languages other than English.

(6) Promotional materials or activities, or both, that explain the purpose of the PRO and the means by which it is being carried out.

(7) A description of how the PRO will encourage users to separate products that are not covered products from covered products, when appropriate, before submitting the covered products to an authorized collection site or mail-back program.

(8) Materials designed to inform third-party sellers on online platforms of their duty to comply with the law and how to join the PRO.

(9) Information to the public on secondhand markets and the benefits of reuse, including repair.

(10) (A) The statewide education and outreach program shall promote the safe and proper management of covered products, including information on where consumers can purchase repaired and reused covered products. This includes education and training for authorized collectors to incentivize domestic resale of usable covered products.

(B) The statewide education and outreach program shall not promote the disposal of covered products in a manner inconsistent with the services offered by the plan.

(C) The statewide education and outreach plan shall include information for consumers about how to avoid improper disposal of covered products.

(h) A description of the strategies, goals, and metrics the PRO will use to annually assess and evaluate the efficacy of the comprehensive statewide education and outreach program.

(i) A description of how the PRO will coordinate with other PROs to avoid confusion to the public regarding program activities, including, but not limited to, education and outreach, including establishing point-of-sale messaging, a joint website, and toll-free telephone number for purposes of providing information on the program.

(j) Coordination with, and a description of the efforts and methods used to coordinate activities with, all of the following entities who are responsive to a request from the PRO:

(1) Other PROs.

(2) Existing collection, reuse, and recycling programs.

(3) Community-based organizations, including nonprofit thrift stores as described in Section 6363.3 of the Revenue and Taxation Code, that contact the PRO and that are qualified to run or support collection events.

(k) A contingency plan in the event the plan expires or is revoked. The contingency plan shall guarantee that the contracts, financial data, and other necessary authority and assets to operate the program shall vest in a trustee approved by the department. The trustee shall operate the most recently approved plan, subject to the direction of the department, until such time as a new plan is approved. Upon plan expiration or revocation of the plan, the balance of the PRO’s operating reserves collected pursuant to paragraph (4) of subdivision (b) shall be transferred to the control of the trustee within five calendar days. All documents, digital records, contracts, and files related to the operation of the plan shall be transferred to the control of the trustee within five calendar days.

(l) Develop a program to support laundries for laundering covered products that includes funding for technology that reduces water consumption and improves microfiber and microplastic filtration.

(m) A description of how the plan will address 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 and investments needed to avoid contamination in the recycling process and available end markets for recycled material that cannot be remanufactured into textiles or textile articles in California.

(n) Develop strategies to address design challenges for covered products, including, but not limited to, compostability, reduction and removal of harmful chemicals, microfiber and microplastic shedding, and mixed material blends.

(o) A description of how the PRO will minimize the negative environmental and human health impacts of all operations associated with the plan, including impacts from collected covered products exported outside of California.

(p) A process by which the financial activities of the PRO 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).

history: (History: Amended by Stats. 2025, Ch. 67, Sec. 174. (AB 1170) Effective January 1, 2026.)


text:
(a) A producer of a covered product sold, offered for sale, imported, or distributed in or into the state shall achieve the performance standards pursuant to subdivision (c) of Section 42984.10.

(b) After March 1, 2032, a producer of a covered product sold, offered for sale, imported, or distributed in or into the state shall achieve the performance standards adopted by the department pursuant to Section 42984.19.