Amended IN Assembly March 12, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 80Introduced by Assembly Member Aguiar-CurryDecember 19, 2024 An act to amend Section Sections 42968, 42968.1, 42968.4, 42968.21, 42968.32, 42968.40, 42968.62, and 42978 of the Public Resources Code, relating to recycling. LEGISLATIVE COUNSEL'S DIGESTAB 80, as amended, Aguiar-Curry. Carpet recycling: product stewardship for carpet: fines. recycling. The(1) The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, generally regulates the disposal, management, and recycling of solid waste. The act establishes stewardship programs for various products, including, among others, carpet. The act includes a product stewardship for carpet program and a successor carpet producer responsibility program, and requires the product stewardship for carpet program to become inoperative upon the completion of certain conditions related to the implementation of the successor carpet producer responsibility program. TheExisting law, the product stewardship for carpet program program, requires a manufacturer of carpets sold in this state, individually or through a carpet stewardship organization, to submit a carpet stewardship plan to the department, which is required to include specified elements, including achieving specified carpet recycling rates and a funding mechanism that provides sufficient funding to carry out the plan. The program Existing law authorizes the department to administratively impose a civil penalty of $25,000 per day on any person in violation of the program if the violation is intentional, knowing, or negligent.This bill would instead authorize a civil penalty of $25,000 per day if the violation is intentional or knowing.(2) Existing law, the successor carpet producer responsibility program, requires producers of covered products to form and join a single producer responsibility organization (PRO) for the collection and recycling of a covered product. Existing law defines a covered product as carpet, as defined, and requires the PRO to develop a producer responsibility plan for the collection, transportation, recycling, and the safe and proper management of covered products in the state.Existing law requires, no later than January 1, 2029, a person who removes a covered product as part of the installation of a covered product to transport, or contract to transport, all of the removed covered product to an approved collection site, as provided. Under existing law, an approved collection site is a solid waste facility that has agreed to be a collection site for the PRO.This bill would exempt a covered product from this transport requirement if certain conditions are met, including that it is returned to the producer. The bill would expand approved collection sites to include certain carpet recycling centers, municipal facilities, and retailers.Existing law requires the governing board of a PRO to include, among others, a nonvoting member representing a nonprofit organization established to promote a circular economy and to address environmental issues. Existing law requires the PRO to submit an annual report to the department on or before July 1 of each year, as provided. Existing law requires a producer to publish on its internet website, for each of its covered products, an environmental product declaration that identifies a covered products components, as provided.This bill would eliminate the requirement for that nonvoting member to be from an organization established to promote a circular economy and would instead require the nonvoting member to be from an environmental nongovernmental organization, as defined. The bill would require the annual report to be submitted on or before September 1 of each year, instead of July 1 of each year. The bill would instead require a producer to publish on its internet website, for each of its covered products, the components that constitute more than 1% of the products weight and any component that is a hazardous chemical, as specified.Existing law requires a producer responsibility plan, among other things, to explain how producers will use standardized stamping or some other means to provide a visual mark on the back of a covered product that is a synthetic material to allow expeditious sorting of the carpet, as provided. Existing law requires the department to adopt regulations to implement the program with an effective date no earlier than December 31, 2026.This bill would instead require a producer responsibility plan to explain how producers will use standardized stamping or some other means to provide a visual mark on the back of a covered product that provides the name of the manufacturer, the date of manufacture, and a listing of face fibers and backing materials contained in the product. The bill would instead require the department to adopt the regulations no later than December 31, 2026.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 42968 of the Public Resources Code is amended to read:42968. For purposes of this chapter, the following definitions apply:(a) Apprenticeship program means a program approved by the Chief of the Division of Apprenticeship Standards for training apprentice and journey-level carpet installers in proper carpet installation, reuse, and recycling practices to maximize the chances of achieving the goals of the program.(b) Approved collection site means a carpet recycling center, municipal facility that accepts carpet, retailer that sells a covered product, or solid waste facility that has agreed to be a collection site for the producer responsibility organization, as described in Section 42968.23.(c) Authorized collector means a person or entity that has entered into an agreement with the producer responsibility organization to collect covered products.(d) Brand means a name, symbol, word, or mark that identifies a covered product rather than its components, and attributes the covered product to the owner or licensee of the brand as the producer.(e) (1) Carpet means a floor or stair covering made from thick woven fabric that is used in residential buildings, commercial buildings, conventions, and events, including modular carpet tiles.(2) Carpet does not include area rugs that are 11 feet by 15 feet in size or smaller.(f)Circular economy environmental nongovernmental organization means a nonprofit organization established to promote a circular economy and to address environmental issues.(g)(f) Closed loop recycling means recycling in which products or materials are reclaimed and returned to the original process or processes in which they were generated and they are reused in the production process.(h)(g) Consumer means a purchaser, owner, or lessee of a covered product, including a person, business, corporation, limited partnership, nonprofit organization, or governmental entity.(i)(h) (1) Covered product means carpet.(2) Covered product does not include carpet that meets the requirements in Section 42357 to be labeled compostable.(j)(i) Department means the Department of Resources Recycling and Recovery.(j) Environmental nongovernmental organization means a nonprofit organization established to address environmental issues related to waste and recycling.(k) Permanent collection site means a permanent location in the state where discarded covered product may be returned at no cost, by a consumer or another party on behalf of a consumer, to be reused, recycled, or otherwise managed.(l) Postconsumer covered product means a covered product that is no longer used for its manufactured purpose.(m) (1) Postconsumer recycled content means material derived from postconsumer covered product.(2) Postconsumer recycled content does not include material derived from recycled beverage containers, as defined in Section 14505.(n) Processor means a company that uses a process, including, but not limited to, shredding, grinding, sheering, or depolymerization, to convert discarded covered products into finished recycled output that is ready to be used as an input material for manufacturing products.(o) (1) Producer means a person who manufactures a covered product and who sells, offers for sale, or distributes a covered product in or into the state under that persons own name or brand.(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 or exclusive licensee of a brand or trademark under which the covered product is sold or distributed in or into the state, whether or not 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 party that imports the covered product into the state for sale, distribution, or installation.(4) If there is no person in the state who is the producer for purposes of paragraph (1), (2), or (3), then the producer of the covered product is the distributor, wholesaler, or retailer who sells the product in or into the state.(p) Producer responsibility organization means either of the following:(1) An organization that is exempt from taxation under Section 501(c)(3) of the United States Internal Revenue Code of 1986, is formed for the purpose of implementing a producer responsibility plan to meet the requirements of this chapter, and is approved by the department pursuant to Section 42968.21.(2) A carpet stewardship organization, as defined in Section 42971.(q) Producer responsibility plan means the plan developed by the producer responsibility organization that complies with Section 42968.32 and is submitted to the department for approval pursuant to Section 42968.30.(r) (1) Recycle or recycling means the process of sorting, cleansing, treating, and reconstituting materials that would otherwise ultimately be disposed of onto land or into water or the atmosphere, and returning them to, or maintaining them within, the economic mainstream in the form of recovered material for new, reused, or reconstituted products that meet the quality standards necessary to be used in the marketplace.(2) Recycle or recycling does not include any of the following:(A) Combustion.(B) Incineration.(C) Energy generation.(D) Fuel production, except for anaerobic digestion of source separated organic materials.(E) Other forms of disposal.(3) To be considered recycled, covered products shall be sent to a responsible end market.(s) Retailer means a person who offers new covered products 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, online marketplace, or other similar electronic means.(t) (1) Sell or sale means a transfer of title of a covered product for consideration, including a remote sale conducted through a sales outlet, catalog, or internet website, online marketplace, or similar electronic means.(2) Sell or sale includes a lease through which a covered product is provided to a consumer by a manufacturer, wholesaler, or retailer.(3) 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.(u) Solid waste facility means a solid waste facility, as defined in Section 40194, that accepts under its normal operating conditions covered materials for collection, storing, and handling, whether for recycling or disposal.(v) Wholesaler means a person who offers new covered product 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 covered product is intended to be resold.SEC. 2. Section 42968.1 of the Public Resources Code is amended to read:42968.1. The department shall adopt regulations to implement this chapter in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The regulations shall have an effective date no earlier later than December 31, 2026.SEC. 3. Section 42968.4 of the Public Resources Code is amended to read:42968.4. (a) Subject to subdivision (b), a producer shall publish on its internet website, for each of its covered products, an environmental product declaration that identifies the components and the percentage of each component used in the covered product. the components that constitute more than 1 percent of the total composition of the product by weight and any component that is listed by the Department of Toxic Substances Control as a Candidate Chemical pursuant to Section 69502.2 of Title 22 of the California Code of Regulations.(b) Subdivision (a) does not require a producer to reveal a trade secret, as defined in Section 3426.1 of the Civil Code.SEC. 4. Section 42968.21 of the Public Resources Code is amended to read:42968.21. (a) The department shall approve a producer responsibility organization if it meets the requirements of this chapter, including all of the following:(1) A governing board consisting of producers that represent the diversity of covered products placed in the market by those entities. The governing board shall include nonvoting members with representation from the following types of entities:(A) A circular economy An environmental nongovernmental organization.(B) A retailer that sells covered products.(C) A labor representative from a floor covering joint apprenticeship program in northern California that is approved by the Division of Apprenticeship Standards.(D) A labor representative from a floor covering joint apprenticeship program in southern California that is approved by the Division of Apprenticeship Standards.(2) The producer responsibility organization shall demonstrate in its producer responsibility plan 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) The activities of the producer responsibility organization are limited to carrying out the requirements of this chapter.(b) In the event that the department determines that the producer responsibility organization no longer meets the requirements of this chapter or fails to implement or administer an approved producer responsibility plan in a manner that effectuates the purposes of this chapter, the department may revoke its approval of the producer responsibility plan and may approve another producer responsibility plan pursuant to Section 42968.72.(c) (1) Upon approval of a producer responsibility plan pursuant to Section 42968.30, or commencing January 1, 2029, whichever is sooner, a producer shall not sell, offer for sale, import, or distribute a covered product in the state unless all the following are met:(A) The producer is a participant of the producer responsibility organization.(B) The covered product is accounted for in the producer responsibility plan.(C) The department has approved the producer responsibility plan.(2) If a person does not qualify as a producer and is not subject to this chapter before January 1, 2029, but, after January 1, 2029, meets the definition of a producer, then that person shall become a participant of the producer responsibility organization and comply with the requirements of this chapter prior to beginning to sell, offer for sale, import, or distribute covered products in the state.(d) A producer not in compliance with this chapter is subject to penalties pursuant to this chapter if a covered product sold or offered for sale by the producer is not subject to a producer responsibility plan that has been approved by the department pursuant to Section 42968.30.SEC. 5. Section 42968.32 of the Public Resources Code is amended to read:42968.32. A producer responsibility plan for covered products shall do all of the following:(a) Be designed to accept and manage all postconsumer covered products.(b) Include the name and contact information of each producer and brand covered under the producer responsibility plan. The contact information shall include the producers email address, phone number, and mailing and physical address.(c) Explain the producer responsibility organizations funding methods, and explain how those methods will fully fund the producer responsibility organization in a manner that equitably distributes the producer responsibility organizations costs among the producers pursuant to subdivision (a) of Section 42968.23.(d) (1) Include the fee required by Section 42968.51 and a description of how it is calculated.(2) Include the fee required by Section 42968.52, a description of how it is calculated, and an explanation of how it complies with Section 42968.52.(e) Include a five-year budget that establishes a funding level sufficient to operate the producer responsibility organization in a prudent and responsible manner. The budget shall demonstrate how estimated revenues will cover all budgeted costs for each cost category. Budgeted costs shall include, but not be limited to, administrative costs, education and outreach costs, operational costs, capital costs, and a reserve.(1) Administrative costs shall include the departments actual and reasonable regulatory costs, which include full personnel costs, to implement and enforce this chapter as the criteria for all the costs are defined in the regulations adopted pursuant to Section 42968.1. For purposes of this paragraph, producer responsibility organization implementation begins once the department approves the producer responsibility organizations producer responsibility plan, except the departments costs shall include actual regulatory development costs and other startup costs incurred prior to producer responsibility plan submittal and approval.(2) The reserve shall include funds to operate the producer responsibility organization should there be unexpected events, losses of income, or large unbudgeted expenses. It shall also protect the recycling infrastructure the producer responsibility organization relies on in its producer responsibility plan during any lapse in producer participation during the life of the program. The reserve cost category shall include a reserve level amount and description justifying the reserve level amount indicated. The producer responsibility organization shall maintain reserve funds sufficient to operate the producer responsibility plan for no less than six months. In the event that a new producer responsibility organization is approved by the department, the producer responsibility organization shall establish its reserve and maintain the required reserve fund balance by the end of the second year of producer responsibility plan operation. In the event that the producer responsibility organizations producer responsibility plan expires or is revoked, the reserve balance shall be transferred to a successor producer responsibility organization or a trustee, pursuant to subdivision (j).(f) Include quantifiable five-year and annual performance standards and metrics for each covered product category until such time as the department publishes performance standards pursuant to Section 42968.34. The producer responsibility organization shall amend its producer responsibility plan to meet the performance standards published by the department. Performance standards published by the department pursuant to this subdivision shall not be subject to the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). Performance standards may include, but are not limited to, collection, reduction in disposal, and maximizing recycling.(g) (1) Describe of how the producer responsibility organization will provide free dropoff and convenient collection system for covered products, which shall include approved collection sites in each county of the state that provide for a reasonable geographic spread of permanent collection sites and an explanation for the geographic spread.(2) The department may by regulation adjust the minimum number of required approved collection sites described in paragraph (1) to ensure that consumers have sufficient convenient access to approved collection sites, applicable to a producer responsibility plan addressing collection of covered products, if the department has substantial evidence that allowing for this adjustment will increase the collection of covered products or is otherwise justified considering the population or geographic attributes of the county. For counties bordering another state, the number of approved collection sites within that county may include a facility located in an adjacent state if that facility is regularly involved in the management of that countys solid waste and recyclables.(h) Describe how approved collection sites will be authorized and managed, including all of the following:(1) The process by which the producer responsibility organization will provide for the collection, storage, and transport of covered products from the approved collection sites to an authorized recycling facility.(2) How the producer responsibility organization will ensure the cost-effective sorting of covered products using the best available technology to avoid any recyclable materials from being disposed.(3) How the producer responsibility organization will maintain all collection and transport records and make them available to the department upon request.(4) A list of all proposed rules, conditions, and requirements for authorized collectors, including a template proposed agreement.(5) How the producer responsibility organization will maximize the recycling of covered products, including prioritizing reuse and closed loop recycling.(6) How the producer responsibility organization will maximize the collection and reuse of convention carpet, including no less than 20 percent reuse by 2028.(7) The process by which covered products will be managed following collection at approved collection sites, including:(A) How covered products will be handled and managed according to the waste hierarchy as defined in Section 40051.(B) How the producer responsibility organization will maximize the recycling of covered products.(C) How the producer responsibility organization will minimize disposal of covered products collected by the producer responsibility organization.(8) A description of the producer responsibility organizations annual assessment and the metrics it will use to determine how collection, sorting, and transportation outcomes aligned with projections.(9) How the producer responsibility organization will improve the collection, processing, and recycling operations for covered products, including, but not limited to, pilot programs to test new processes, methods, or equipment.(10) How approved collection sites will be operated to ensure that covered products are collected at no cost, safely, and handle covered product in accordance with all applicable state and federal law.(i) (1) Describe the statewide education and outreach programs efforts to various audiences, including, but not limited to, consumers, commercial building owners, covered product installation contractors, construction and demolition contractors, retailers, and wholesalers to promote their participation in achieving the purposes of the producer responsibility plan. These education and outreach materials shall include, but are not limited to, any of the following:(A) Signage that is prominently displayed and easily visible.(B) Written materials and templates of materials to be provided to covered product 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 the producer responsibility organization and the means by which it is being carried out.(D) An internet website that publicizes the location of approved collection sites and provides information on how to drop off covered products at the free and convenient network of approved collection sites offered by the producer responsibility organization, including any information reasonably necessary to safely and conveniently access the collection and recycling services offered by the producer responsibility organization.(E) All signage and materials required for approved collection sites by the producer responsibility organization, and a description of the method by which approved collection sites can access replacement materials at no cost to the approved collection site.(F) A description of efforts to support participation by all California communities, including a description of efforts to communicate in languages other than English.(G) A description of strategies, goals, and metrics used to determine the success of the producer responsibility plan implementation and statewide education and outreach program.(2) The statewide education and outreach program shall promote the safe and proper management of covered products, including source reduction and environmentally preferable purchasing of covered products.(3) The statewide education and outreach plan program shall include information for consumers about how to avoid improper disposal of covered products.(4) The statewide education and outreach program shall include a survey to consumers and contractors regarding their awareness of the producer responsibility plan, their use of resources available to them under the producer responsibility plan, including collection sites, and why they do or do not use those resources. The survey shall occur once every three years.(j) Include a contingency plan that takes effect in the event the producer responsibility 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 producer responsibility plan, subject to the direction of the department, until that time as a new producer responsibility plan is approved. Upon producer responsibility plan expiration or revocation of the producer responsibility plan, the balance of the producer responsibility organizations operating reserves collected pursuant to subdivision (d) 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 producer responsibility plan.(k) Allocate annual grants to apprenticeship programs for training apprentices and journey-level carpet installers in proper carpet recycling techniques, including installation and removal techniques that maximize the recyclability of carpet. The producer responsibility plan shall provide for annual grants to joint apprenticeship programs approved by the Division of Apprenticeship Standards to train carpet installers, with the amount divided evenly between programs in northern California and southern California.(l) (1) Prioritize expenditure of assessments collected pursuant to Section 42972 on activities to carry out the producer responsibility plan in California.(2) Consistent with paragraph (4) of subdivision (a) of Section 42972, 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 Section 42972, 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.(3) 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.(m) Provide for the payment to an approved collection site for accepting, collecting, storing, transporting, and handling covered products in an amount determined by the approved collection site and the producer responsibility organization. Payment of these costs shall be reflected in the budget pursuant to subdivision (e).(n) Explain how producers will, on and after January 1, 2027, through the use of a use standardized stamping or some other means, means to provide a visual mark on the back of a covered product that is a synthetic material to allow expeditious sorting of the carpet, by 2027. provides the name of the manufacturer, the date of manufacture, and a listing of face fibers and backing materials contained in the product.(o) Require carpet to contain 5 percent of postconsumer recycled carpet content by 2028. The department may, for the year 2029 and any year thereafter, set the rate for postconsumer recycled carpet to be required in carpet.(p) Include written certification by an authorized representative of the producer responsibility organization that, at the time of submission to the department, the producer responsibility plan, including all aspects of the producer responsibility plan related to the collection, transportation, and management of covered products, is in compliance with all applicable state and federal laws and regulations.SEC. 6. Section 42968.40 of the Public Resources Code is amended to read:42968.40. (a) (1) No later than January 1, 2029, a person that, as part of the installation of a covered product, removes a covered product from a residence or business shall transport, or contract to transport, all of the removed covered products to an approved collection site. Covered material collected at an approved collection site shall be transported to a recycling facility designated by the producer responsibility organization.(2) Paragraph (1) does not apply to a covered product if all of the following are met:(A) The covered product is returned to its producer.(B) The producers return process and guidelines are included in the producer responsibility organizations approved producer responsibility plan.(C) The producer collects, maintains, and provides to the producer responsibility organization, the information necessary for the collection to be included in the producer responsibility organizations performance metrics.(D) The producers return process is subject to audit by the producer responsibility organization and the department.(b) An approved collection site shall ensure that covered products are collected in the prescribed conditions required by the approved producer responsibility plan. The conditions shall include, but are not limited to, the following requirements:(1) A covered product shall be kept in a location that allows it to remain dry at all times.(2) A container holding a collected covered product shall be free of all contaminated discarded waste items.(3) An approved collection site shall permit a processors prescribed container to be housed on site for loading and for pickup at the approved collection site, if the processor is approved by the producer responsibility plan.SEC. 7. Section 42968.62 of the Public Resources Code is amended to read:42968.62. On or before July September 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 organizations internet website. The report shall include all of the following information for the preceding calendar year:(a) The producer responsibility organizations 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 organizations 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 organizations assessment of the efficacy of the collection, sorting, and transportation process 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.SEC. 8. Section 42978 of the Public Resources Code is amended to read:42978. (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. intentional or knowing.(b) In assessing or reviewing the amount of a civil penalty imposed pursuant to subdivision (a) for a violation of this chapter, the department or the court shall consider all of the following:(1) The nature and extent of the violation.(2) The number and severity of the violation or violations.(3) The economic effect of the penalty on the violator.(4) Whether the violator took good faith measures to comply with this chapter and the period of time over which these measures were taken.(5) The willfulness of the violators 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.SECTION 1.Section 42978 of the Public Resources Code, as amended by Section 6 of Chapter 675 of the Statutes of 2024, is amended to read:42978.(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 or knowing.(b)In assessing or reviewing the amount of a civil penalty imposed pursuant to subdivision (a) for a violation of this chapter, the department or the court shall consider all of the following:(1)The nature and extent of the violation.(2)The number and severity of the violation or violations.(3)The economic effect of the penalty on the violator.(4)Whether the violator took good faith measures to comply with this chapter and the period of time over which these measures were taken.(5)The willfulness of the violators 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.
Amended IN Assembly March 12, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 80Introduced by Assembly Member Aguiar-CurryDecember 19, 2024 An act to amend Section Sections 42968, 42968.1, 42968.4, 42968.21, 42968.32, 42968.40, 42968.62, and 42978 of the Public Resources Code, relating to recycling. LEGISLATIVE COUNSEL'S DIGESTAB 80, as amended, Aguiar-Curry. Carpet recycling: product stewardship for carpet: fines. recycling. The(1) The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, generally regulates the disposal, management, and recycling of solid waste. The act establishes stewardship programs for various products, including, among others, carpet. The act includes a product stewardship for carpet program and a successor carpet producer responsibility program, and requires the product stewardship for carpet program to become inoperative upon the completion of certain conditions related to the implementation of the successor carpet producer responsibility program. TheExisting law, the product stewardship for carpet program program, requires a manufacturer of carpets sold in this state, individually or through a carpet stewardship organization, to submit a carpet stewardship plan to the department, which is required to include specified elements, including achieving specified carpet recycling rates and a funding mechanism that provides sufficient funding to carry out the plan. The program Existing law authorizes the department to administratively impose a civil penalty of $25,000 per day on any person in violation of the program if the violation is intentional, knowing, or negligent.This bill would instead authorize a civil penalty of $25,000 per day if the violation is intentional or knowing.(2) Existing law, the successor carpet producer responsibility program, requires producers of covered products to form and join a single producer responsibility organization (PRO) for the collection and recycling of a covered product. Existing law defines a covered product as carpet, as defined, and requires the PRO to develop a producer responsibility plan for the collection, transportation, recycling, and the safe and proper management of covered products in the state.Existing law requires, no later than January 1, 2029, a person who removes a covered product as part of the installation of a covered product to transport, or contract to transport, all of the removed covered product to an approved collection site, as provided. Under existing law, an approved collection site is a solid waste facility that has agreed to be a collection site for the PRO.This bill would exempt a covered product from this transport requirement if certain conditions are met, including that it is returned to the producer. The bill would expand approved collection sites to include certain carpet recycling centers, municipal facilities, and retailers.Existing law requires the governing board of a PRO to include, among others, a nonvoting member representing a nonprofit organization established to promote a circular economy and to address environmental issues. Existing law requires the PRO to submit an annual report to the department on or before July 1 of each year, as provided. Existing law requires a producer to publish on its internet website, for each of its covered products, an environmental product declaration that identifies a covered products components, as provided.This bill would eliminate the requirement for that nonvoting member to be from an organization established to promote a circular economy and would instead require the nonvoting member to be from an environmental nongovernmental organization, as defined. The bill would require the annual report to be submitted on or before September 1 of each year, instead of July 1 of each year. The bill would instead require a producer to publish on its internet website, for each of its covered products, the components that constitute more than 1% of the products weight and any component that is a hazardous chemical, as specified.Existing law requires a producer responsibility plan, among other things, to explain how producers will use standardized stamping or some other means to provide a visual mark on the back of a covered product that is a synthetic material to allow expeditious sorting of the carpet, as provided. Existing law requires the department to adopt regulations to implement the program with an effective date no earlier than December 31, 2026.This bill would instead require a producer responsibility plan to explain how producers will use standardized stamping or some other means to provide a visual mark on the back of a covered product that provides the name of the manufacturer, the date of manufacture, and a listing of face fibers and backing materials contained in the product. The bill would instead require the department to adopt the regulations no later than December 31, 2026.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Amended IN Assembly March 12, 2025
Amended IN Assembly March 12, 2025
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION
Assembly Bill
No. 80
Introduced by Assembly Member Aguiar-CurryDecember 19, 2024
Introduced by Assembly Member Aguiar-Curry
December 19, 2024
An act to amend Section Sections 42968, 42968.1, 42968.4, 42968.21, 42968.32, 42968.40, 42968.62, and 42978 of the Public Resources Code, relating to recycling.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 80, as amended, Aguiar-Curry. Carpet recycling: product stewardship for carpet: fines. recycling.
The(1) The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, generally regulates the disposal, management, and recycling of solid waste. The act establishes stewardship programs for various products, including, among others, carpet. The act includes a product stewardship for carpet program and a successor carpet producer responsibility program, and requires the product stewardship for carpet program to become inoperative upon the completion of certain conditions related to the implementation of the successor carpet producer responsibility program. TheExisting law, the product stewardship for carpet program program, requires a manufacturer of carpets sold in this state, individually or through a carpet stewardship organization, to submit a carpet stewardship plan to the department, which is required to include specified elements, including achieving specified carpet recycling rates and a funding mechanism that provides sufficient funding to carry out the plan. The program Existing law authorizes the department to administratively impose a civil penalty of $25,000 per day on any person in violation of the program if the violation is intentional, knowing, or negligent.This bill would instead authorize a civil penalty of $25,000 per day if the violation is intentional or knowing.(2) Existing law, the successor carpet producer responsibility program, requires producers of covered products to form and join a single producer responsibility organization (PRO) for the collection and recycling of a covered product. Existing law defines a covered product as carpet, as defined, and requires the PRO to develop a producer responsibility plan for the collection, transportation, recycling, and the safe and proper management of covered products in the state.Existing law requires, no later than January 1, 2029, a person who removes a covered product as part of the installation of a covered product to transport, or contract to transport, all of the removed covered product to an approved collection site, as provided. Under existing law, an approved collection site is a solid waste facility that has agreed to be a collection site for the PRO.This bill would exempt a covered product from this transport requirement if certain conditions are met, including that it is returned to the producer. The bill would expand approved collection sites to include certain carpet recycling centers, municipal facilities, and retailers.Existing law requires the governing board of a PRO to include, among others, a nonvoting member representing a nonprofit organization established to promote a circular economy and to address environmental issues. Existing law requires the PRO to submit an annual report to the department on or before July 1 of each year, as provided. Existing law requires a producer to publish on its internet website, for each of its covered products, an environmental product declaration that identifies a covered products components, as provided.This bill would eliminate the requirement for that nonvoting member to be from an organization established to promote a circular economy and would instead require the nonvoting member to be from an environmental nongovernmental organization, as defined. The bill would require the annual report to be submitted on or before September 1 of each year, instead of July 1 of each year. The bill would instead require a producer to publish on its internet website, for each of its covered products, the components that constitute more than 1% of the products weight and any component that is a hazardous chemical, as specified.Existing law requires a producer responsibility plan, among other things, to explain how producers will use standardized stamping or some other means to provide a visual mark on the back of a covered product that is a synthetic material to allow expeditious sorting of the carpet, as provided. Existing law requires the department to adopt regulations to implement the program with an effective date no earlier than December 31, 2026.This bill would instead require a producer responsibility plan to explain how producers will use standardized stamping or some other means to provide a visual mark on the back of a covered product that provides the name of the manufacturer, the date of manufacture, and a listing of face fibers and backing materials contained in the product. The bill would instead require the department to adopt the regulations no later than December 31, 2026.
The
(1) The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, generally regulates the disposal, management, and recycling of solid waste. The act establishes stewardship programs for various products, including, among others, carpet. The act includes a product stewardship for carpet program and a successor carpet producer responsibility program, and requires the product stewardship for carpet program to become inoperative upon the completion of certain conditions related to the implementation of the successor carpet producer responsibility program.
The
Existing law, the product stewardship for carpet program program, requires a manufacturer of carpets sold in this state, individually or through a carpet stewardship organization, to submit a carpet stewardship plan to the department, which is required to include specified elements, including achieving specified carpet recycling rates and a funding mechanism that provides sufficient funding to carry out the plan. The program Existing law authorizes the department to administratively impose a civil penalty of $25,000 per day on any person in violation of the program if the violation is intentional, knowing, or negligent.
This bill would instead authorize a civil penalty of $25,000 per day if the violation is intentional or knowing.
(2) Existing law, the successor carpet producer responsibility program, requires producers of covered products to form and join a single producer responsibility organization (PRO) for the collection and recycling of a covered product. Existing law defines a covered product as carpet, as defined, and requires the PRO to develop a producer responsibility plan for the collection, transportation, recycling, and the safe and proper management of covered products in the state.
Existing law requires, no later than January 1, 2029, a person who removes a covered product as part of the installation of a covered product to transport, or contract to transport, all of the removed covered product to an approved collection site, as provided. Under existing law, an approved collection site is a solid waste facility that has agreed to be a collection site for the PRO.
This bill would exempt a covered product from this transport requirement if certain conditions are met, including that it is returned to the producer. The bill would expand approved collection sites to include certain carpet recycling centers, municipal facilities, and retailers.
Existing law requires the governing board of a PRO to include, among others, a nonvoting member representing a nonprofit organization established to promote a circular economy and to address environmental issues. Existing law requires the PRO to submit an annual report to the department on or before July 1 of each year, as provided. Existing law requires a producer to publish on its internet website, for each of its covered products, an environmental product declaration that identifies a covered products components, as provided.
This bill would eliminate the requirement for that nonvoting member to be from an organization established to promote a circular economy and would instead require the nonvoting member to be from an environmental nongovernmental organization, as defined. The bill would require the annual report to be submitted on or before September 1 of each year, instead of July 1 of each year. The bill would instead require a producer to publish on its internet website, for each of its covered products, the components that constitute more than 1% of the products weight and any component that is a hazardous chemical, as specified.
Existing law requires a producer responsibility plan, among other things, to explain how producers will use standardized stamping or some other means to provide a visual mark on the back of a covered product that is a synthetic material to allow expeditious sorting of the carpet, as provided. Existing law requires the department to adopt regulations to implement the program with an effective date no earlier than December 31, 2026.
This bill would instead require a producer responsibility plan to explain how producers will use standardized stamping or some other means to provide a visual mark on the back of a covered product that provides the name of the manufacturer, the date of manufacture, and a listing of face fibers and backing materials contained in the product. The bill would instead require the department to adopt the regulations no later than December 31, 2026.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 42968 of the Public Resources Code is amended to read:42968. For purposes of this chapter, the following definitions apply:(a) Apprenticeship program means a program approved by the Chief of the Division of Apprenticeship Standards for training apprentice and journey-level carpet installers in proper carpet installation, reuse, and recycling practices to maximize the chances of achieving the goals of the program.(b) Approved collection site means a carpet recycling center, municipal facility that accepts carpet, retailer that sells a covered product, or solid waste facility that has agreed to be a collection site for the producer responsibility organization, as described in Section 42968.23.(c) Authorized collector means a person or entity that has entered into an agreement with the producer responsibility organization to collect covered products.(d) Brand means a name, symbol, word, or mark that identifies a covered product rather than its components, and attributes the covered product to the owner or licensee of the brand as the producer.(e) (1) Carpet means a floor or stair covering made from thick woven fabric that is used in residential buildings, commercial buildings, conventions, and events, including modular carpet tiles.(2) Carpet does not include area rugs that are 11 feet by 15 feet in size or smaller.(f)Circular economy environmental nongovernmental organization means a nonprofit organization established to promote a circular economy and to address environmental issues.(g)(f) Closed loop recycling means recycling in which products or materials are reclaimed and returned to the original process or processes in which they were generated and they are reused in the production process.(h)(g) Consumer means a purchaser, owner, or lessee of a covered product, including a person, business, corporation, limited partnership, nonprofit organization, or governmental entity.(i)(h) (1) Covered product means carpet.(2) Covered product does not include carpet that meets the requirements in Section 42357 to be labeled compostable.(j)(i) Department means the Department of Resources Recycling and Recovery.(j) Environmental nongovernmental organization means a nonprofit organization established to address environmental issues related to waste and recycling.(k) Permanent collection site means a permanent location in the state where discarded covered product may be returned at no cost, by a consumer or another party on behalf of a consumer, to be reused, recycled, or otherwise managed.(l) Postconsumer covered product means a covered product that is no longer used for its manufactured purpose.(m) (1) Postconsumer recycled content means material derived from postconsumer covered product.(2) Postconsumer recycled content does not include material derived from recycled beverage containers, as defined in Section 14505.(n) Processor means a company that uses a process, including, but not limited to, shredding, grinding, sheering, or depolymerization, to convert discarded covered products into finished recycled output that is ready to be used as an input material for manufacturing products.(o) (1) Producer means a person who manufactures a covered product and who sells, offers for sale, or distributes a covered product in or into the state under that persons own name or brand.(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 or exclusive licensee of a brand or trademark under which the covered product is sold or distributed in or into the state, whether or not 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 party that imports the covered product into the state for sale, distribution, or installation.(4) If there is no person in the state who is the producer for purposes of paragraph (1), (2), or (3), then the producer of the covered product is the distributor, wholesaler, or retailer who sells the product in or into the state.(p) Producer responsibility organization means either of the following:(1) An organization that is exempt from taxation under Section 501(c)(3) of the United States Internal Revenue Code of 1986, is formed for the purpose of implementing a producer responsibility plan to meet the requirements of this chapter, and is approved by the department pursuant to Section 42968.21.(2) A carpet stewardship organization, as defined in Section 42971.(q) Producer responsibility plan means the plan developed by the producer responsibility organization that complies with Section 42968.32 and is submitted to the department for approval pursuant to Section 42968.30.(r) (1) Recycle or recycling means the process of sorting, cleansing, treating, and reconstituting materials that would otherwise ultimately be disposed of onto land or into water or the atmosphere, and returning them to, or maintaining them within, the economic mainstream in the form of recovered material for new, reused, or reconstituted products that meet the quality standards necessary to be used in the marketplace.(2) Recycle or recycling does not include any of the following:(A) Combustion.(B) Incineration.(C) Energy generation.(D) Fuel production, except for anaerobic digestion of source separated organic materials.(E) Other forms of disposal.(3) To be considered recycled, covered products shall be sent to a responsible end market.(s) Retailer means a person who offers new covered products 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, online marketplace, or other similar electronic means.(t) (1) Sell or sale means a transfer of title of a covered product for consideration, including a remote sale conducted through a sales outlet, catalog, or internet website, online marketplace, or similar electronic means.(2) Sell or sale includes a lease through which a covered product is provided to a consumer by a manufacturer, wholesaler, or retailer.(3) 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.(u) Solid waste facility means a solid waste facility, as defined in Section 40194, that accepts under its normal operating conditions covered materials for collection, storing, and handling, whether for recycling or disposal.(v) Wholesaler means a person who offers new covered product 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 covered product is intended to be resold.SEC. 2. Section 42968.1 of the Public Resources Code is amended to read:42968.1. The department shall adopt regulations to implement this chapter in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The regulations shall have an effective date no earlier later than December 31, 2026.SEC. 3. Section 42968.4 of the Public Resources Code is amended to read:42968.4. (a) Subject to subdivision (b), a producer shall publish on its internet website, for each of its covered products, an environmental product declaration that identifies the components and the percentage of each component used in the covered product. the components that constitute more than 1 percent of the total composition of the product by weight and any component that is listed by the Department of Toxic Substances Control as a Candidate Chemical pursuant to Section 69502.2 of Title 22 of the California Code of Regulations.(b) Subdivision (a) does not require a producer to reveal a trade secret, as defined in Section 3426.1 of the Civil Code.SEC. 4. Section 42968.21 of the Public Resources Code is amended to read:42968.21. (a) The department shall approve a producer responsibility organization if it meets the requirements of this chapter, including all of the following:(1) A governing board consisting of producers that represent the diversity of covered products placed in the market by those entities. The governing board shall include nonvoting members with representation from the following types of entities:(A) A circular economy An environmental nongovernmental organization.(B) A retailer that sells covered products.(C) A labor representative from a floor covering joint apprenticeship program in northern California that is approved by the Division of Apprenticeship Standards.(D) A labor representative from a floor covering joint apprenticeship program in southern California that is approved by the Division of Apprenticeship Standards.(2) The producer responsibility organization shall demonstrate in its producer responsibility plan 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) The activities of the producer responsibility organization are limited to carrying out the requirements of this chapter.(b) In the event that the department determines that the producer responsibility organization no longer meets the requirements of this chapter or fails to implement or administer an approved producer responsibility plan in a manner that effectuates the purposes of this chapter, the department may revoke its approval of the producer responsibility plan and may approve another producer responsibility plan pursuant to Section 42968.72.(c) (1) Upon approval of a producer responsibility plan pursuant to Section 42968.30, or commencing January 1, 2029, whichever is sooner, a producer shall not sell, offer for sale, import, or distribute a covered product in the state unless all the following are met:(A) The producer is a participant of the producer responsibility organization.(B) The covered product is accounted for in the producer responsibility plan.(C) The department has approved the producer responsibility plan.(2) If a person does not qualify as a producer and is not subject to this chapter before January 1, 2029, but, after January 1, 2029, meets the definition of a producer, then that person shall become a participant of the producer responsibility organization and comply with the requirements of this chapter prior to beginning to sell, offer for sale, import, or distribute covered products in the state.(d) A producer not in compliance with this chapter is subject to penalties pursuant to this chapter if a covered product sold or offered for sale by the producer is not subject to a producer responsibility plan that has been approved by the department pursuant to Section 42968.30.SEC. 5. Section 42968.32 of the Public Resources Code is amended to read:42968.32. A producer responsibility plan for covered products shall do all of the following:(a) Be designed to accept and manage all postconsumer covered products.(b) Include the name and contact information of each producer and brand covered under the producer responsibility plan. The contact information shall include the producers email address, phone number, and mailing and physical address.(c) Explain the producer responsibility organizations funding methods, and explain how those methods will fully fund the producer responsibility organization in a manner that equitably distributes the producer responsibility organizations costs among the producers pursuant to subdivision (a) of Section 42968.23.(d) (1) Include the fee required by Section 42968.51 and a description of how it is calculated.(2) Include the fee required by Section 42968.52, a description of how it is calculated, and an explanation of how it complies with Section 42968.52.(e) Include a five-year budget that establishes a funding level sufficient to operate the producer responsibility organization in a prudent and responsible manner. The budget shall demonstrate how estimated revenues will cover all budgeted costs for each cost category. Budgeted costs shall include, but not be limited to, administrative costs, education and outreach costs, operational costs, capital costs, and a reserve.(1) Administrative costs shall include the departments actual and reasonable regulatory costs, which include full personnel costs, to implement and enforce this chapter as the criteria for all the costs are defined in the regulations adopted pursuant to Section 42968.1. For purposes of this paragraph, producer responsibility organization implementation begins once the department approves the producer responsibility organizations producer responsibility plan, except the departments costs shall include actual regulatory development costs and other startup costs incurred prior to producer responsibility plan submittal and approval.(2) The reserve shall include funds to operate the producer responsibility organization should there be unexpected events, losses of income, or large unbudgeted expenses. It shall also protect the recycling infrastructure the producer responsibility organization relies on in its producer responsibility plan during any lapse in producer participation during the life of the program. The reserve cost category shall include a reserve level amount and description justifying the reserve level amount indicated. The producer responsibility organization shall maintain reserve funds sufficient to operate the producer responsibility plan for no less than six months. In the event that a new producer responsibility organization is approved by the department, the producer responsibility organization shall establish its reserve and maintain the required reserve fund balance by the end of the second year of producer responsibility plan operation. In the event that the producer responsibility organizations producer responsibility plan expires or is revoked, the reserve balance shall be transferred to a successor producer responsibility organization or a trustee, pursuant to subdivision (j).(f) Include quantifiable five-year and annual performance standards and metrics for each covered product category until such time as the department publishes performance standards pursuant to Section 42968.34. The producer responsibility organization shall amend its producer responsibility plan to meet the performance standards published by the department. Performance standards published by the department pursuant to this subdivision shall not be subject to the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). Performance standards may include, but are not limited to, collection, reduction in disposal, and maximizing recycling.(g) (1) Describe of how the producer responsibility organization will provide free dropoff and convenient collection system for covered products, which shall include approved collection sites in each county of the state that provide for a reasonable geographic spread of permanent collection sites and an explanation for the geographic spread.(2) The department may by regulation adjust the minimum number of required approved collection sites described in paragraph (1) to ensure that consumers have sufficient convenient access to approved collection sites, applicable to a producer responsibility plan addressing collection of covered products, if the department has substantial evidence that allowing for this adjustment will increase the collection of covered products or is otherwise justified considering the population or geographic attributes of the county. For counties bordering another state, the number of approved collection sites within that county may include a facility located in an adjacent state if that facility is regularly involved in the management of that countys solid waste and recyclables.(h) Describe how approved collection sites will be authorized and managed, including all of the following:(1) The process by which the producer responsibility organization will provide for the collection, storage, and transport of covered products from the approved collection sites to an authorized recycling facility.(2) How the producer responsibility organization will ensure the cost-effective sorting of covered products using the best available technology to avoid any recyclable materials from being disposed.(3) How the producer responsibility organization will maintain all collection and transport records and make them available to the department upon request.(4) A list of all proposed rules, conditions, and requirements for authorized collectors, including a template proposed agreement.(5) How the producer responsibility organization will maximize the recycling of covered products, including prioritizing reuse and closed loop recycling.(6) How the producer responsibility organization will maximize the collection and reuse of convention carpet, including no less than 20 percent reuse by 2028.(7) The process by which covered products will be managed following collection at approved collection sites, including:(A) How covered products will be handled and managed according to the waste hierarchy as defined in Section 40051.(B) How the producer responsibility organization will maximize the recycling of covered products.(C) How the producer responsibility organization will minimize disposal of covered products collected by the producer responsibility organization.(8) A description of the producer responsibility organizations annual assessment and the metrics it will use to determine how collection, sorting, and transportation outcomes aligned with projections.(9) How the producer responsibility organization will improve the collection, processing, and recycling operations for covered products, including, but not limited to, pilot programs to test new processes, methods, or equipment.(10) How approved collection sites will be operated to ensure that covered products are collected at no cost, safely, and handle covered product in accordance with all applicable state and federal law.(i) (1) Describe the statewide education and outreach programs efforts to various audiences, including, but not limited to, consumers, commercial building owners, covered product installation contractors, construction and demolition contractors, retailers, and wholesalers to promote their participation in achieving the purposes of the producer responsibility plan. These education and outreach materials shall include, but are not limited to, any of the following:(A) Signage that is prominently displayed and easily visible.(B) Written materials and templates of materials to be provided to covered product 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 the producer responsibility organization and the means by which it is being carried out.(D) An internet website that publicizes the location of approved collection sites and provides information on how to drop off covered products at the free and convenient network of approved collection sites offered by the producer responsibility organization, including any information reasonably necessary to safely and conveniently access the collection and recycling services offered by the producer responsibility organization.(E) All signage and materials required for approved collection sites by the producer responsibility organization, and a description of the method by which approved collection sites can access replacement materials at no cost to the approved collection site.(F) A description of efforts to support participation by all California communities, including a description of efforts to communicate in languages other than English.(G) A description of strategies, goals, and metrics used to determine the success of the producer responsibility plan implementation and statewide education and outreach program.(2) The statewide education and outreach program shall promote the safe and proper management of covered products, including source reduction and environmentally preferable purchasing of covered products.(3) The statewide education and outreach plan program shall include information for consumers about how to avoid improper disposal of covered products.(4) The statewide education and outreach program shall include a survey to consumers and contractors regarding their awareness of the producer responsibility plan, their use of resources available to them under the producer responsibility plan, including collection sites, and why they do or do not use those resources. The survey shall occur once every three years.(j) Include a contingency plan that takes effect in the event the producer responsibility 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 producer responsibility plan, subject to the direction of the department, until that time as a new producer responsibility plan is approved. Upon producer responsibility plan expiration or revocation of the producer responsibility plan, the balance of the producer responsibility organizations operating reserves collected pursuant to subdivision (d) 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 producer responsibility plan.(k) Allocate annual grants to apprenticeship programs for training apprentices and journey-level carpet installers in proper carpet recycling techniques, including installation and removal techniques that maximize the recyclability of carpet. The producer responsibility plan shall provide for annual grants to joint apprenticeship programs approved by the Division of Apprenticeship Standards to train carpet installers, with the amount divided evenly between programs in northern California and southern California.(l) (1) Prioritize expenditure of assessments collected pursuant to Section 42972 on activities to carry out the producer responsibility plan in California.(2) Consistent with paragraph (4) of subdivision (a) of Section 42972, 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 Section 42972, 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.(3) 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.(m) Provide for the payment to an approved collection site for accepting, collecting, storing, transporting, and handling covered products in an amount determined by the approved collection site and the producer responsibility organization. Payment of these costs shall be reflected in the budget pursuant to subdivision (e).(n) Explain how producers will, on and after January 1, 2027, through the use of a use standardized stamping or some other means, means to provide a visual mark on the back of a covered product that is a synthetic material to allow expeditious sorting of the carpet, by 2027. provides the name of the manufacturer, the date of manufacture, and a listing of face fibers and backing materials contained in the product.(o) Require carpet to contain 5 percent of postconsumer recycled carpet content by 2028. The department may, for the year 2029 and any year thereafter, set the rate for postconsumer recycled carpet to be required in carpet.(p) Include written certification by an authorized representative of the producer responsibility organization that, at the time of submission to the department, the producer responsibility plan, including all aspects of the producer responsibility plan related to the collection, transportation, and management of covered products, is in compliance with all applicable state and federal laws and regulations.SEC. 6. Section 42968.40 of the Public Resources Code is amended to read:42968.40. (a) (1) No later than January 1, 2029, a person that, as part of the installation of a covered product, removes a covered product from a residence or business shall transport, or contract to transport, all of the removed covered products to an approved collection site. Covered material collected at an approved collection site shall be transported to a recycling facility designated by the producer responsibility organization.(2) Paragraph (1) does not apply to a covered product if all of the following are met:(A) The covered product is returned to its producer.(B) The producers return process and guidelines are included in the producer responsibility organizations approved producer responsibility plan.(C) The producer collects, maintains, and provides to the producer responsibility organization, the information necessary for the collection to be included in the producer responsibility organizations performance metrics.(D) The producers return process is subject to audit by the producer responsibility organization and the department.(b) An approved collection site shall ensure that covered products are collected in the prescribed conditions required by the approved producer responsibility plan. The conditions shall include, but are not limited to, the following requirements:(1) A covered product shall be kept in a location that allows it to remain dry at all times.(2) A container holding a collected covered product shall be free of all contaminated discarded waste items.(3) An approved collection site shall permit a processors prescribed container to be housed on site for loading and for pickup at the approved collection site, if the processor is approved by the producer responsibility plan.SEC. 7. Section 42968.62 of the Public Resources Code is amended to read:42968.62. On or before July September 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 organizations internet website. The report shall include all of the following information for the preceding calendar year:(a) The producer responsibility organizations 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 organizations 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 organizations assessment of the efficacy of the collection, sorting, and transportation process 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.SEC. 8. Section 42978 of the Public Resources Code is amended to read:42978. (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. intentional or knowing.(b) In assessing or reviewing the amount of a civil penalty imposed pursuant to subdivision (a) for a violation of this chapter, the department or the court shall consider all of the following:(1) The nature and extent of the violation.(2) The number and severity of the violation or violations.(3) The economic effect of the penalty on the violator.(4) Whether the violator took good faith measures to comply with this chapter and the period of time over which these measures were taken.(5) The willfulness of the violators 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.SECTION 1.Section 42978 of the Public Resources Code, as amended by Section 6 of Chapter 675 of the Statutes of 2024, is amended to read:42978.(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 or knowing.(b)In assessing or reviewing the amount of a civil penalty imposed pursuant to subdivision (a) for a violation of this chapter, the department or the court shall consider all of the following:(1)The nature and extent of the violation.(2)The number and severity of the violation or violations.(3)The economic effect of the penalty on the violator.(4)Whether the violator took good faith measures to comply with this chapter and the period of time over which these measures were taken.(5)The willfulness of the violators 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.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 42968 of the Public Resources Code is amended to read:42968. For purposes of this chapter, the following definitions apply:(a) Apprenticeship program means a program approved by the Chief of the Division of Apprenticeship Standards for training apprentice and journey-level carpet installers in proper carpet installation, reuse, and recycling practices to maximize the chances of achieving the goals of the program.(b) Approved collection site means a carpet recycling center, municipal facility that accepts carpet, retailer that sells a covered product, or solid waste facility that has agreed to be a collection site for the producer responsibility organization, as described in Section 42968.23.(c) Authorized collector means a person or entity that has entered into an agreement with the producer responsibility organization to collect covered products.(d) Brand means a name, symbol, word, or mark that identifies a covered product rather than its components, and attributes the covered product to the owner or licensee of the brand as the producer.(e) (1) Carpet means a floor or stair covering made from thick woven fabric that is used in residential buildings, commercial buildings, conventions, and events, including modular carpet tiles.(2) Carpet does not include area rugs that are 11 feet by 15 feet in size or smaller.(f)Circular economy environmental nongovernmental organization means a nonprofit organization established to promote a circular economy and to address environmental issues.(g)(f) Closed loop recycling means recycling in which products or materials are reclaimed and returned to the original process or processes in which they were generated and they are reused in the production process.(h)(g) Consumer means a purchaser, owner, or lessee of a covered product, including a person, business, corporation, limited partnership, nonprofit organization, or governmental entity.(i)(h) (1) Covered product means carpet.(2) Covered product does not include carpet that meets the requirements in Section 42357 to be labeled compostable.(j)(i) Department means the Department of Resources Recycling and Recovery.(j) Environmental nongovernmental organization means a nonprofit organization established to address environmental issues related to waste and recycling.(k) Permanent collection site means a permanent location in the state where discarded covered product may be returned at no cost, by a consumer or another party on behalf of a consumer, to be reused, recycled, or otherwise managed.(l) Postconsumer covered product means a covered product that is no longer used for its manufactured purpose.(m) (1) Postconsumer recycled content means material derived from postconsumer covered product.(2) Postconsumer recycled content does not include material derived from recycled beverage containers, as defined in Section 14505.(n) Processor means a company that uses a process, including, but not limited to, shredding, grinding, sheering, or depolymerization, to convert discarded covered products into finished recycled output that is ready to be used as an input material for manufacturing products.(o) (1) Producer means a person who manufactures a covered product and who sells, offers for sale, or distributes a covered product in or into the state under that persons own name or brand.(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 or exclusive licensee of a brand or trademark under which the covered product is sold or distributed in or into the state, whether or not 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 party that imports the covered product into the state for sale, distribution, or installation.(4) If there is no person in the state who is the producer for purposes of paragraph (1), (2), or (3), then the producer of the covered product is the distributor, wholesaler, or retailer who sells the product in or into the state.(p) Producer responsibility organization means either of the following:(1) An organization that is exempt from taxation under Section 501(c)(3) of the United States Internal Revenue Code of 1986, is formed for the purpose of implementing a producer responsibility plan to meet the requirements of this chapter, and is approved by the department pursuant to Section 42968.21.(2) A carpet stewardship organization, as defined in Section 42971.(q) Producer responsibility plan means the plan developed by the producer responsibility organization that complies with Section 42968.32 and is submitted to the department for approval pursuant to Section 42968.30.(r) (1) Recycle or recycling means the process of sorting, cleansing, treating, and reconstituting materials that would otherwise ultimately be disposed of onto land or into water or the atmosphere, and returning them to, or maintaining them within, the economic mainstream in the form of recovered material for new, reused, or reconstituted products that meet the quality standards necessary to be used in the marketplace.(2) Recycle or recycling does not include any of the following:(A) Combustion.(B) Incineration.(C) Energy generation.(D) Fuel production, except for anaerobic digestion of source separated organic materials.(E) Other forms of disposal.(3) To be considered recycled, covered products shall be sent to a responsible end market.(s) Retailer means a person who offers new covered products 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, online marketplace, or other similar electronic means.(t) (1) Sell or sale means a transfer of title of a covered product for consideration, including a remote sale conducted through a sales outlet, catalog, or internet website, online marketplace, or similar electronic means.(2) Sell or sale includes a lease through which a covered product is provided to a consumer by a manufacturer, wholesaler, or retailer.(3) 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.(u) Solid waste facility means a solid waste facility, as defined in Section 40194, that accepts under its normal operating conditions covered materials for collection, storing, and handling, whether for recycling or disposal.(v) Wholesaler means a person who offers new covered product 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 covered product is intended to be resold.
SECTION 1. Section 42968 of the Public Resources Code is amended to read:
### SECTION 1.
42968. For purposes of this chapter, the following definitions apply:(a) Apprenticeship program means a program approved by the Chief of the Division of Apprenticeship Standards for training apprentice and journey-level carpet installers in proper carpet installation, reuse, and recycling practices to maximize the chances of achieving the goals of the program.(b) Approved collection site means a carpet recycling center, municipal facility that accepts carpet, retailer that sells a covered product, or solid waste facility that has agreed to be a collection site for the producer responsibility organization, as described in Section 42968.23.(c) Authorized collector means a person or entity that has entered into an agreement with the producer responsibility organization to collect covered products.(d) Brand means a name, symbol, word, or mark that identifies a covered product rather than its components, and attributes the covered product to the owner or licensee of the brand as the producer.(e) (1) Carpet means a floor or stair covering made from thick woven fabric that is used in residential buildings, commercial buildings, conventions, and events, including modular carpet tiles.(2) Carpet does not include area rugs that are 11 feet by 15 feet in size or smaller.(f)Circular economy environmental nongovernmental organization means a nonprofit organization established to promote a circular economy and to address environmental issues.(g)(f) Closed loop recycling means recycling in which products or materials are reclaimed and returned to the original process or processes in which they were generated and they are reused in the production process.(h)(g) Consumer means a purchaser, owner, or lessee of a covered product, including a person, business, corporation, limited partnership, nonprofit organization, or governmental entity.(i)(h) (1) Covered product means carpet.(2) Covered product does not include carpet that meets the requirements in Section 42357 to be labeled compostable.(j)(i) Department means the Department of Resources Recycling and Recovery.(j) Environmental nongovernmental organization means a nonprofit organization established to address environmental issues related to waste and recycling.(k) Permanent collection site means a permanent location in the state where discarded covered product may be returned at no cost, by a consumer or another party on behalf of a consumer, to be reused, recycled, or otherwise managed.(l) Postconsumer covered product means a covered product that is no longer used for its manufactured purpose.(m) (1) Postconsumer recycled content means material derived from postconsumer covered product.(2) Postconsumer recycled content does not include material derived from recycled beverage containers, as defined in Section 14505.(n) Processor means a company that uses a process, including, but not limited to, shredding, grinding, sheering, or depolymerization, to convert discarded covered products into finished recycled output that is ready to be used as an input material for manufacturing products.(o) (1) Producer means a person who manufactures a covered product and who sells, offers for sale, or distributes a covered product in or into the state under that persons own name or brand.(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 or exclusive licensee of a brand or trademark under which the covered product is sold or distributed in or into the state, whether or not 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 party that imports the covered product into the state for sale, distribution, or installation.(4) If there is no person in the state who is the producer for purposes of paragraph (1), (2), or (3), then the producer of the covered product is the distributor, wholesaler, or retailer who sells the product in or into the state.(p) Producer responsibility organization means either of the following:(1) An organization that is exempt from taxation under Section 501(c)(3) of the United States Internal Revenue Code of 1986, is formed for the purpose of implementing a producer responsibility plan to meet the requirements of this chapter, and is approved by the department pursuant to Section 42968.21.(2) A carpet stewardship organization, as defined in Section 42971.(q) Producer responsibility plan means the plan developed by the producer responsibility organization that complies with Section 42968.32 and is submitted to the department for approval pursuant to Section 42968.30.(r) (1) Recycle or recycling means the process of sorting, cleansing, treating, and reconstituting materials that would otherwise ultimately be disposed of onto land or into water or the atmosphere, and returning them to, or maintaining them within, the economic mainstream in the form of recovered material for new, reused, or reconstituted products that meet the quality standards necessary to be used in the marketplace.(2) Recycle or recycling does not include any of the following:(A) Combustion.(B) Incineration.(C) Energy generation.(D) Fuel production, except for anaerobic digestion of source separated organic materials.(E) Other forms of disposal.(3) To be considered recycled, covered products shall be sent to a responsible end market.(s) Retailer means a person who offers new covered products 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, online marketplace, or other similar electronic means.(t) (1) Sell or sale means a transfer of title of a covered product for consideration, including a remote sale conducted through a sales outlet, catalog, or internet website, online marketplace, or similar electronic means.(2) Sell or sale includes a lease through which a covered product is provided to a consumer by a manufacturer, wholesaler, or retailer.(3) 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.(u) Solid waste facility means a solid waste facility, as defined in Section 40194, that accepts under its normal operating conditions covered materials for collection, storing, and handling, whether for recycling or disposal.(v) Wholesaler means a person who offers new covered product 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 covered product is intended to be resold.
42968. For purposes of this chapter, the following definitions apply:(a) Apprenticeship program means a program approved by the Chief of the Division of Apprenticeship Standards for training apprentice and journey-level carpet installers in proper carpet installation, reuse, and recycling practices to maximize the chances of achieving the goals of the program.(b) Approved collection site means a carpet recycling center, municipal facility that accepts carpet, retailer that sells a covered product, or solid waste facility that has agreed to be a collection site for the producer responsibility organization, as described in Section 42968.23.(c) Authorized collector means a person or entity that has entered into an agreement with the producer responsibility organization to collect covered products.(d) Brand means a name, symbol, word, or mark that identifies a covered product rather than its components, and attributes the covered product to the owner or licensee of the brand as the producer.(e) (1) Carpet means a floor or stair covering made from thick woven fabric that is used in residential buildings, commercial buildings, conventions, and events, including modular carpet tiles.(2) Carpet does not include area rugs that are 11 feet by 15 feet in size or smaller.(f)Circular economy environmental nongovernmental organization means a nonprofit organization established to promote a circular economy and to address environmental issues.(g)(f) Closed loop recycling means recycling in which products or materials are reclaimed and returned to the original process or processes in which they were generated and they are reused in the production process.(h)(g) Consumer means a purchaser, owner, or lessee of a covered product, including a person, business, corporation, limited partnership, nonprofit organization, or governmental entity.(i)(h) (1) Covered product means carpet.(2) Covered product does not include carpet that meets the requirements in Section 42357 to be labeled compostable.(j)(i) Department means the Department of Resources Recycling and Recovery.(j) Environmental nongovernmental organization means a nonprofit organization established to address environmental issues related to waste and recycling.(k) Permanent collection site means a permanent location in the state where discarded covered product may be returned at no cost, by a consumer or another party on behalf of a consumer, to be reused, recycled, or otherwise managed.(l) Postconsumer covered product means a covered product that is no longer used for its manufactured purpose.(m) (1) Postconsumer recycled content means material derived from postconsumer covered product.(2) Postconsumer recycled content does not include material derived from recycled beverage containers, as defined in Section 14505.(n) Processor means a company that uses a process, including, but not limited to, shredding, grinding, sheering, or depolymerization, to convert discarded covered products into finished recycled output that is ready to be used as an input material for manufacturing products.(o) (1) Producer means a person who manufactures a covered product and who sells, offers for sale, or distributes a covered product in or into the state under that persons own name or brand.(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 or exclusive licensee of a brand or trademark under which the covered product is sold or distributed in or into the state, whether or not 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 party that imports the covered product into the state for sale, distribution, or installation.(4) If there is no person in the state who is the producer for purposes of paragraph (1), (2), or (3), then the producer of the covered product is the distributor, wholesaler, or retailer who sells the product in or into the state.(p) Producer responsibility organization means either of the following:(1) An organization that is exempt from taxation under Section 501(c)(3) of the United States Internal Revenue Code of 1986, is formed for the purpose of implementing a producer responsibility plan to meet the requirements of this chapter, and is approved by the department pursuant to Section 42968.21.(2) A carpet stewardship organization, as defined in Section 42971.(q) Producer responsibility plan means the plan developed by the producer responsibility organization that complies with Section 42968.32 and is submitted to the department for approval pursuant to Section 42968.30.(r) (1) Recycle or recycling means the process of sorting, cleansing, treating, and reconstituting materials that would otherwise ultimately be disposed of onto land or into water or the atmosphere, and returning them to, or maintaining them within, the economic mainstream in the form of recovered material for new, reused, or reconstituted products that meet the quality standards necessary to be used in the marketplace.(2) Recycle or recycling does not include any of the following:(A) Combustion.(B) Incineration.(C) Energy generation.(D) Fuel production, except for anaerobic digestion of source separated organic materials.(E) Other forms of disposal.(3) To be considered recycled, covered products shall be sent to a responsible end market.(s) Retailer means a person who offers new covered products 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, online marketplace, or other similar electronic means.(t) (1) Sell or sale means a transfer of title of a covered product for consideration, including a remote sale conducted through a sales outlet, catalog, or internet website, online marketplace, or similar electronic means.(2) Sell or sale includes a lease through which a covered product is provided to a consumer by a manufacturer, wholesaler, or retailer.(3) 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.(u) Solid waste facility means a solid waste facility, as defined in Section 40194, that accepts under its normal operating conditions covered materials for collection, storing, and handling, whether for recycling or disposal.(v) Wholesaler means a person who offers new covered product 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 covered product is intended to be resold.
42968. For purposes of this chapter, the following definitions apply:(a) Apprenticeship program means a program approved by the Chief of the Division of Apprenticeship Standards for training apprentice and journey-level carpet installers in proper carpet installation, reuse, and recycling practices to maximize the chances of achieving the goals of the program.(b) Approved collection site means a carpet recycling center, municipal facility that accepts carpet, retailer that sells a covered product, or solid waste facility that has agreed to be a collection site for the producer responsibility organization, as described in Section 42968.23.(c) Authorized collector means a person or entity that has entered into an agreement with the producer responsibility organization to collect covered products.(d) Brand means a name, symbol, word, or mark that identifies a covered product rather than its components, and attributes the covered product to the owner or licensee of the brand as the producer.(e) (1) Carpet means a floor or stair covering made from thick woven fabric that is used in residential buildings, commercial buildings, conventions, and events, including modular carpet tiles.(2) Carpet does not include area rugs that are 11 feet by 15 feet in size or smaller.(f)Circular economy environmental nongovernmental organization means a nonprofit organization established to promote a circular economy and to address environmental issues.(g)(f) Closed loop recycling means recycling in which products or materials are reclaimed and returned to the original process or processes in which they were generated and they are reused in the production process.(h)(g) Consumer means a purchaser, owner, or lessee of a covered product, including a person, business, corporation, limited partnership, nonprofit organization, or governmental entity.(i)(h) (1) Covered product means carpet.(2) Covered product does not include carpet that meets the requirements in Section 42357 to be labeled compostable.(j)(i) Department means the Department of Resources Recycling and Recovery.(j) Environmental nongovernmental organization means a nonprofit organization established to address environmental issues related to waste and recycling.(k) Permanent collection site means a permanent location in the state where discarded covered product may be returned at no cost, by a consumer or another party on behalf of a consumer, to be reused, recycled, or otherwise managed.(l) Postconsumer covered product means a covered product that is no longer used for its manufactured purpose.(m) (1) Postconsumer recycled content means material derived from postconsumer covered product.(2) Postconsumer recycled content does not include material derived from recycled beverage containers, as defined in Section 14505.(n) Processor means a company that uses a process, including, but not limited to, shredding, grinding, sheering, or depolymerization, to convert discarded covered products into finished recycled output that is ready to be used as an input material for manufacturing products.(o) (1) Producer means a person who manufactures a covered product and who sells, offers for sale, or distributes a covered product in or into the state under that persons own name or brand.(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 or exclusive licensee of a brand or trademark under which the covered product is sold or distributed in or into the state, whether or not 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 party that imports the covered product into the state for sale, distribution, or installation.(4) If there is no person in the state who is the producer for purposes of paragraph (1), (2), or (3), then the producer of the covered product is the distributor, wholesaler, or retailer who sells the product in or into the state.(p) Producer responsibility organization means either of the following:(1) An organization that is exempt from taxation under Section 501(c)(3) of the United States Internal Revenue Code of 1986, is formed for the purpose of implementing a producer responsibility plan to meet the requirements of this chapter, and is approved by the department pursuant to Section 42968.21.(2) A carpet stewardship organization, as defined in Section 42971.(q) Producer responsibility plan means the plan developed by the producer responsibility organization that complies with Section 42968.32 and is submitted to the department for approval pursuant to Section 42968.30.(r) (1) Recycle or recycling means the process of sorting, cleansing, treating, and reconstituting materials that would otherwise ultimately be disposed of onto land or into water or the atmosphere, and returning them to, or maintaining them within, the economic mainstream in the form of recovered material for new, reused, or reconstituted products that meet the quality standards necessary to be used in the marketplace.(2) Recycle or recycling does not include any of the following:(A) Combustion.(B) Incineration.(C) Energy generation.(D) Fuel production, except for anaerobic digestion of source separated organic materials.(E) Other forms of disposal.(3) To be considered recycled, covered products shall be sent to a responsible end market.(s) Retailer means a person who offers new covered products 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, online marketplace, or other similar electronic means.(t) (1) Sell or sale means a transfer of title of a covered product for consideration, including a remote sale conducted through a sales outlet, catalog, or internet website, online marketplace, or similar electronic means.(2) Sell or sale includes a lease through which a covered product is provided to a consumer by a manufacturer, wholesaler, or retailer.(3) 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.(u) Solid waste facility means a solid waste facility, as defined in Section 40194, that accepts under its normal operating conditions covered materials for collection, storing, and handling, whether for recycling or disposal.(v) Wholesaler means a person who offers new covered product 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 covered product is intended to be resold.
42968. For purposes of this chapter, the following definitions apply:
(a) Apprenticeship program means a program approved by the Chief of the Division of Apprenticeship Standards for training apprentice and journey-level carpet installers in proper carpet installation, reuse, and recycling practices to maximize the chances of achieving the goals of the program.
(b) Approved collection site means a carpet recycling center, municipal facility that accepts carpet, retailer that sells a covered product, or solid waste facility that has agreed to be a collection site for the producer responsibility organization, as described in Section 42968.23.
(c) Authorized collector means a person or entity that has entered into an agreement with the producer responsibility organization to collect covered products.
(d) Brand means a name, symbol, word, or mark that identifies a covered product rather than its components, and attributes the covered product to the owner or licensee of the brand as the producer.
(e) (1) Carpet means a floor or stair covering made from thick woven fabric that is used in residential buildings, commercial buildings, conventions, and events, including modular carpet tiles.
(2) Carpet does not include area rugs that are 11 feet by 15 feet in size or smaller.
(f)Circular economy environmental nongovernmental organization means a nonprofit organization established to promote a circular economy and to address environmental issues.
(g)
(f) Closed loop recycling means recycling in which products or materials are reclaimed and returned to the original process or processes in which they were generated and they are reused in the production process.
(h)
(g) Consumer means a purchaser, owner, or lessee of a covered product, including a person, business, corporation, limited partnership, nonprofit organization, or governmental entity.
(i)
(h) (1) Covered product means carpet.
(2) Covered product does not include carpet that meets the requirements in Section 42357 to be labeled compostable.
(j)
(i) Department means the Department of Resources Recycling and Recovery.
(j) Environmental nongovernmental organization means a nonprofit organization established to address environmental issues related to waste and recycling.
(k) Permanent collection site means a permanent location in the state where discarded covered product may be returned at no cost, by a consumer or another party on behalf of a consumer, to be reused, recycled, or otherwise managed.
(l) Postconsumer covered product means a covered product that is no longer used for its manufactured purpose.
(m) (1) Postconsumer recycled content means material derived from postconsumer covered product.
(2) Postconsumer recycled content does not include material derived from recycled beverage containers, as defined in Section 14505.
(n) Processor means a company that uses a process, including, but not limited to, shredding, grinding, sheering, or depolymerization, to convert discarded covered products into finished recycled output that is ready to be used as an input material for manufacturing products.
(o) (1) Producer means a person who manufactures a covered product and who sells, offers for sale, or distributes a covered product in or into the state under that persons own name or brand.
(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 or exclusive licensee of a brand or trademark under which the covered product is sold or distributed in or into the state, whether or not 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 party that imports the covered product into the state for sale, distribution, or installation.
(4) If there is no person in the state who is the producer for purposes of paragraph (1), (2), or (3), then the producer of the covered product is the distributor, wholesaler, or retailer who sells the product in or into the state.
(p) Producer responsibility organization means either of the following:
(1) An organization that is exempt from taxation under Section 501(c)(3) of the United States Internal Revenue Code of 1986, is formed for the purpose of implementing a producer responsibility plan to meet the requirements of this chapter, and is approved by the department pursuant to Section 42968.21.
(2) A carpet stewardship organization, as defined in Section 42971.
(q) Producer responsibility plan means the plan developed by the producer responsibility organization that complies with Section 42968.32 and is submitted to the department for approval pursuant to Section 42968.30.
(r) (1) Recycle or recycling means the process of sorting, cleansing, treating, and reconstituting materials that would otherwise ultimately be disposed of onto land or into water or the atmosphere, and returning them to, or maintaining them within, the economic mainstream in the form of recovered material for new, reused, or reconstituted products that meet the quality standards necessary to be used in the marketplace.
(2) Recycle or recycling does not include any of the following:
(A) Combustion.
(B) Incineration.
(C) Energy generation.
(D) Fuel production, except for anaerobic digestion of source separated organic materials.
(E) Other forms of disposal.
(3) To be considered recycled, covered products shall be sent to a responsible end market.
(s) Retailer means a person who offers new covered products 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, online marketplace, or other similar electronic means.
(t) (1) Sell or sale means a transfer of title of a covered product for consideration, including a remote sale conducted through a sales outlet, catalog, or internet website, online marketplace, or similar electronic means.
(2) Sell or sale includes a lease through which a covered product is provided to a consumer by a manufacturer, wholesaler, or retailer.
(3) 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.
(u) Solid waste facility means a solid waste facility, as defined in Section 40194, that accepts under its normal operating conditions covered materials for collection, storing, and handling, whether for recycling or disposal.
(v) Wholesaler means a person who offers new covered product 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 covered product is intended to be resold.
SEC. 2. Section 42968.1 of the Public Resources Code is amended to read:42968.1. The department shall adopt regulations to implement this chapter in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The regulations shall have an effective date no earlier later than December 31, 2026.
SEC. 2. Section 42968.1 of the Public Resources Code is amended to read:
### SEC. 2.
42968.1. The department shall adopt regulations to implement this chapter in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The regulations shall have an effective date no earlier later than December 31, 2026.
42968.1. The department shall adopt regulations to implement this chapter in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The regulations shall have an effective date no earlier later than December 31, 2026.
42968.1. The department shall adopt regulations to implement this chapter in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The regulations shall have an effective date no earlier later than December 31, 2026.
42968.1. The department shall adopt regulations to implement this chapter in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The regulations shall have an effective date no earlier later than December 31, 2026.
SEC. 3. Section 42968.4 of the Public Resources Code is amended to read:42968.4. (a) Subject to subdivision (b), a producer shall publish on its internet website, for each of its covered products, an environmental product declaration that identifies the components and the percentage of each component used in the covered product. the components that constitute more than 1 percent of the total composition of the product by weight and any component that is listed by the Department of Toxic Substances Control as a Candidate Chemical pursuant to Section 69502.2 of Title 22 of the California Code of Regulations.(b) Subdivision (a) does not require a producer to reveal a trade secret, as defined in Section 3426.1 of the Civil Code.
SEC. 3. Section 42968.4 of the Public Resources Code is amended to read:
### SEC. 3.
42968.4. (a) Subject to subdivision (b), a producer shall publish on its internet website, for each of its covered products, an environmental product declaration that identifies the components and the percentage of each component used in the covered product. the components that constitute more than 1 percent of the total composition of the product by weight and any component that is listed by the Department of Toxic Substances Control as a Candidate Chemical pursuant to Section 69502.2 of Title 22 of the California Code of Regulations.(b) Subdivision (a) does not require a producer to reveal a trade secret, as defined in Section 3426.1 of the Civil Code.
42968.4. (a) Subject to subdivision (b), a producer shall publish on its internet website, for each of its covered products, an environmental product declaration that identifies the components and the percentage of each component used in the covered product. the components that constitute more than 1 percent of the total composition of the product by weight and any component that is listed by the Department of Toxic Substances Control as a Candidate Chemical pursuant to Section 69502.2 of Title 22 of the California Code of Regulations.(b) Subdivision (a) does not require a producer to reveal a trade secret, as defined in Section 3426.1 of the Civil Code.
42968.4. (a) Subject to subdivision (b), a producer shall publish on its internet website, for each of its covered products, an environmental product declaration that identifies the components and the percentage of each component used in the covered product. the components that constitute more than 1 percent of the total composition of the product by weight and any component that is listed by the Department of Toxic Substances Control as a Candidate Chemical pursuant to Section 69502.2 of Title 22 of the California Code of Regulations.(b) Subdivision (a) does not require a producer to reveal a trade secret, as defined in Section 3426.1 of the Civil Code.
42968.4. (a) Subject to subdivision (b), a producer shall publish on its internet website, for each of its covered products, an environmental product declaration that identifies the components and the percentage of each component used in the covered product. the components that constitute more than 1 percent of the total composition of the product by weight and any component that is listed by the Department of Toxic Substances Control as a Candidate Chemical pursuant to Section 69502.2 of Title 22 of the California Code of Regulations.
(b) Subdivision (a) does not require a producer to reveal a trade secret, as defined in Section 3426.1 of the Civil Code.
SEC. 4. Section 42968.21 of the Public Resources Code is amended to read:42968.21. (a) The department shall approve a producer responsibility organization if it meets the requirements of this chapter, including all of the following:(1) A governing board consisting of producers that represent the diversity of covered products placed in the market by those entities. The governing board shall include nonvoting members with representation from the following types of entities:(A) A circular economy An environmental nongovernmental organization.(B) A retailer that sells covered products.(C) A labor representative from a floor covering joint apprenticeship program in northern California that is approved by the Division of Apprenticeship Standards.(D) A labor representative from a floor covering joint apprenticeship program in southern California that is approved by the Division of Apprenticeship Standards.(2) The producer responsibility organization shall demonstrate in its producer responsibility plan 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) The activities of the producer responsibility organization are limited to carrying out the requirements of this chapter.(b) In the event that the department determines that the producer responsibility organization no longer meets the requirements of this chapter or fails to implement or administer an approved producer responsibility plan in a manner that effectuates the purposes of this chapter, the department may revoke its approval of the producer responsibility plan and may approve another producer responsibility plan pursuant to Section 42968.72.(c) (1) Upon approval of a producer responsibility plan pursuant to Section 42968.30, or commencing January 1, 2029, whichever is sooner, a producer shall not sell, offer for sale, import, or distribute a covered product in the state unless all the following are met:(A) The producer is a participant of the producer responsibility organization.(B) The covered product is accounted for in the producer responsibility plan.(C) The department has approved the producer responsibility plan.(2) If a person does not qualify as a producer and is not subject to this chapter before January 1, 2029, but, after January 1, 2029, meets the definition of a producer, then that person shall become a participant of the producer responsibility organization and comply with the requirements of this chapter prior to beginning to sell, offer for sale, import, or distribute covered products in the state.(d) A producer not in compliance with this chapter is subject to penalties pursuant to this chapter if a covered product sold or offered for sale by the producer is not subject to a producer responsibility plan that has been approved by the department pursuant to Section 42968.30.
SEC. 4. Section 42968.21 of the Public Resources Code is amended to read:
### SEC. 4.
42968.21. (a) The department shall approve a producer responsibility organization if it meets the requirements of this chapter, including all of the following:(1) A governing board consisting of producers that represent the diversity of covered products placed in the market by those entities. The governing board shall include nonvoting members with representation from the following types of entities:(A) A circular economy An environmental nongovernmental organization.(B) A retailer that sells covered products.(C) A labor representative from a floor covering joint apprenticeship program in northern California that is approved by the Division of Apprenticeship Standards.(D) A labor representative from a floor covering joint apprenticeship program in southern California that is approved by the Division of Apprenticeship Standards.(2) The producer responsibility organization shall demonstrate in its producer responsibility plan 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) The activities of the producer responsibility organization are limited to carrying out the requirements of this chapter.(b) In the event that the department determines that the producer responsibility organization no longer meets the requirements of this chapter or fails to implement or administer an approved producer responsibility plan in a manner that effectuates the purposes of this chapter, the department may revoke its approval of the producer responsibility plan and may approve another producer responsibility plan pursuant to Section 42968.72.(c) (1) Upon approval of a producer responsibility plan pursuant to Section 42968.30, or commencing January 1, 2029, whichever is sooner, a producer shall not sell, offer for sale, import, or distribute a covered product in the state unless all the following are met:(A) The producer is a participant of the producer responsibility organization.(B) The covered product is accounted for in the producer responsibility plan.(C) The department has approved the producer responsibility plan.(2) If a person does not qualify as a producer and is not subject to this chapter before January 1, 2029, but, after January 1, 2029, meets the definition of a producer, then that person shall become a participant of the producer responsibility organization and comply with the requirements of this chapter prior to beginning to sell, offer for sale, import, or distribute covered products in the state.(d) A producer not in compliance with this chapter is subject to penalties pursuant to this chapter if a covered product sold or offered for sale by the producer is not subject to a producer responsibility plan that has been approved by the department pursuant to Section 42968.30.
42968.21. (a) The department shall approve a producer responsibility organization if it meets the requirements of this chapter, including all of the following:(1) A governing board consisting of producers that represent the diversity of covered products placed in the market by those entities. The governing board shall include nonvoting members with representation from the following types of entities:(A) A circular economy An environmental nongovernmental organization.(B) A retailer that sells covered products.(C) A labor representative from a floor covering joint apprenticeship program in northern California that is approved by the Division of Apprenticeship Standards.(D) A labor representative from a floor covering joint apprenticeship program in southern California that is approved by the Division of Apprenticeship Standards.(2) The producer responsibility organization shall demonstrate in its producer responsibility plan 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) The activities of the producer responsibility organization are limited to carrying out the requirements of this chapter.(b) In the event that the department determines that the producer responsibility organization no longer meets the requirements of this chapter or fails to implement or administer an approved producer responsibility plan in a manner that effectuates the purposes of this chapter, the department may revoke its approval of the producer responsibility plan and may approve another producer responsibility plan pursuant to Section 42968.72.(c) (1) Upon approval of a producer responsibility plan pursuant to Section 42968.30, or commencing January 1, 2029, whichever is sooner, a producer shall not sell, offer for sale, import, or distribute a covered product in the state unless all the following are met:(A) The producer is a participant of the producer responsibility organization.(B) The covered product is accounted for in the producer responsibility plan.(C) The department has approved the producer responsibility plan.(2) If a person does not qualify as a producer and is not subject to this chapter before January 1, 2029, but, after January 1, 2029, meets the definition of a producer, then that person shall become a participant of the producer responsibility organization and comply with the requirements of this chapter prior to beginning to sell, offer for sale, import, or distribute covered products in the state.(d) A producer not in compliance with this chapter is subject to penalties pursuant to this chapter if a covered product sold or offered for sale by the producer is not subject to a producer responsibility plan that has been approved by the department pursuant to Section 42968.30.
42968.21. (a) The department shall approve a producer responsibility organization if it meets the requirements of this chapter, including all of the following:(1) A governing board consisting of producers that represent the diversity of covered products placed in the market by those entities. The governing board shall include nonvoting members with representation from the following types of entities:(A) A circular economy An environmental nongovernmental organization.(B) A retailer that sells covered products.(C) A labor representative from a floor covering joint apprenticeship program in northern California that is approved by the Division of Apprenticeship Standards.(D) A labor representative from a floor covering joint apprenticeship program in southern California that is approved by the Division of Apprenticeship Standards.(2) The producer responsibility organization shall demonstrate in its producer responsibility plan 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) The activities of the producer responsibility organization are limited to carrying out the requirements of this chapter.(b) In the event that the department determines that the producer responsibility organization no longer meets the requirements of this chapter or fails to implement or administer an approved producer responsibility plan in a manner that effectuates the purposes of this chapter, the department may revoke its approval of the producer responsibility plan and may approve another producer responsibility plan pursuant to Section 42968.72.(c) (1) Upon approval of a producer responsibility plan pursuant to Section 42968.30, or commencing January 1, 2029, whichever is sooner, a producer shall not sell, offer for sale, import, or distribute a covered product in the state unless all the following are met:(A) The producer is a participant of the producer responsibility organization.(B) The covered product is accounted for in the producer responsibility plan.(C) The department has approved the producer responsibility plan.(2) If a person does not qualify as a producer and is not subject to this chapter before January 1, 2029, but, after January 1, 2029, meets the definition of a producer, then that person shall become a participant of the producer responsibility organization and comply with the requirements of this chapter prior to beginning to sell, offer for sale, import, or distribute covered products in the state.(d) A producer not in compliance with this chapter is subject to penalties pursuant to this chapter if a covered product sold or offered for sale by the producer is not subject to a producer responsibility plan that has been approved by the department pursuant to Section 42968.30.
42968.21. (a) The department shall approve a producer responsibility organization if it meets the requirements of this chapter, including all of the following:
(1) A governing board consisting of producers that represent the diversity of covered products placed in the market by those entities. The governing board shall include nonvoting members with representation from the following types of entities:
(A) A circular economy An environmental nongovernmental organization.
(B) A retailer that sells covered products.
(C) A labor representative from a floor covering joint apprenticeship program in northern California that is approved by the Division of Apprenticeship Standards.
(D) A labor representative from a floor covering joint apprenticeship program in southern California that is approved by the Division of Apprenticeship Standards.
(2) The producer responsibility organization shall demonstrate in its producer responsibility plan 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) The activities of the producer responsibility organization are limited to carrying out the requirements of this chapter.
(b) In the event that the department determines that the producer responsibility organization no longer meets the requirements of this chapter or fails to implement or administer an approved producer responsibility plan in a manner that effectuates the purposes of this chapter, the department may revoke its approval of the producer responsibility plan and may approve another producer responsibility plan pursuant to Section 42968.72.
(c) (1) Upon approval of a producer responsibility plan pursuant to Section 42968.30, or commencing January 1, 2029, whichever is sooner, a producer shall not sell, offer for sale, import, or distribute a covered product in the state unless all the following are met:
(A) The producer is a participant of the producer responsibility organization.
(B) The covered product is accounted for in the producer responsibility plan.
(C) The department has approved the producer responsibility plan.
(2) If a person does not qualify as a producer and is not subject to this chapter before January 1, 2029, but, after January 1, 2029, meets the definition of a producer, then that person shall become a participant of the producer responsibility organization and comply with the requirements of this chapter prior to beginning to sell, offer for sale, import, or distribute covered products in the state.
(d) A producer not in compliance with this chapter is subject to penalties pursuant to this chapter if a covered product sold or offered for sale by the producer is not subject to a producer responsibility plan that has been approved by the department pursuant to Section 42968.30.
SEC. 5. Section 42968.32 of the Public Resources Code is amended to read:42968.32. A producer responsibility plan for covered products shall do all of the following:(a) Be designed to accept and manage all postconsumer covered products.(b) Include the name and contact information of each producer and brand covered under the producer responsibility plan. The contact information shall include the producers email address, phone number, and mailing and physical address.(c) Explain the producer responsibility organizations funding methods, and explain how those methods will fully fund the producer responsibility organization in a manner that equitably distributes the producer responsibility organizations costs among the producers pursuant to subdivision (a) of Section 42968.23.(d) (1) Include the fee required by Section 42968.51 and a description of how it is calculated.(2) Include the fee required by Section 42968.52, a description of how it is calculated, and an explanation of how it complies with Section 42968.52.(e) Include a five-year budget that establishes a funding level sufficient to operate the producer responsibility organization in a prudent and responsible manner. The budget shall demonstrate how estimated revenues will cover all budgeted costs for each cost category. Budgeted costs shall include, but not be limited to, administrative costs, education and outreach costs, operational costs, capital costs, and a reserve.(1) Administrative costs shall include the departments actual and reasonable regulatory costs, which include full personnel costs, to implement and enforce this chapter as the criteria for all the costs are defined in the regulations adopted pursuant to Section 42968.1. For purposes of this paragraph, producer responsibility organization implementation begins once the department approves the producer responsibility organizations producer responsibility plan, except the departments costs shall include actual regulatory development costs and other startup costs incurred prior to producer responsibility plan submittal and approval.(2) The reserve shall include funds to operate the producer responsibility organization should there be unexpected events, losses of income, or large unbudgeted expenses. It shall also protect the recycling infrastructure the producer responsibility organization relies on in its producer responsibility plan during any lapse in producer participation during the life of the program. The reserve cost category shall include a reserve level amount and description justifying the reserve level amount indicated. The producer responsibility organization shall maintain reserve funds sufficient to operate the producer responsibility plan for no less than six months. In the event that a new producer responsibility organization is approved by the department, the producer responsibility organization shall establish its reserve and maintain the required reserve fund balance by the end of the second year of producer responsibility plan operation. In the event that the producer responsibility organizations producer responsibility plan expires or is revoked, the reserve balance shall be transferred to a successor producer responsibility organization or a trustee, pursuant to subdivision (j).(f) Include quantifiable five-year and annual performance standards and metrics for each covered product category until such time as the department publishes performance standards pursuant to Section 42968.34. The producer responsibility organization shall amend its producer responsibility plan to meet the performance standards published by the department. Performance standards published by the department pursuant to this subdivision shall not be subject to the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). Performance standards may include, but are not limited to, collection, reduction in disposal, and maximizing recycling.(g) (1) Describe of how the producer responsibility organization will provide free dropoff and convenient collection system for covered products, which shall include approved collection sites in each county of the state that provide for a reasonable geographic spread of permanent collection sites and an explanation for the geographic spread.(2) The department may by regulation adjust the minimum number of required approved collection sites described in paragraph (1) to ensure that consumers have sufficient convenient access to approved collection sites, applicable to a producer responsibility plan addressing collection of covered products, if the department has substantial evidence that allowing for this adjustment will increase the collection of covered products or is otherwise justified considering the population or geographic attributes of the county. For counties bordering another state, the number of approved collection sites within that county may include a facility located in an adjacent state if that facility is regularly involved in the management of that countys solid waste and recyclables.(h) Describe how approved collection sites will be authorized and managed, including all of the following:(1) The process by which the producer responsibility organization will provide for the collection, storage, and transport of covered products from the approved collection sites to an authorized recycling facility.(2) How the producer responsibility organization will ensure the cost-effective sorting of covered products using the best available technology to avoid any recyclable materials from being disposed.(3) How the producer responsibility organization will maintain all collection and transport records and make them available to the department upon request.(4) A list of all proposed rules, conditions, and requirements for authorized collectors, including a template proposed agreement.(5) How the producer responsibility organization will maximize the recycling of covered products, including prioritizing reuse and closed loop recycling.(6) How the producer responsibility organization will maximize the collection and reuse of convention carpet, including no less than 20 percent reuse by 2028.(7) The process by which covered products will be managed following collection at approved collection sites, including:(A) How covered products will be handled and managed according to the waste hierarchy as defined in Section 40051.(B) How the producer responsibility organization will maximize the recycling of covered products.(C) How the producer responsibility organization will minimize disposal of covered products collected by the producer responsibility organization.(8) A description of the producer responsibility organizations annual assessment and the metrics it will use to determine how collection, sorting, and transportation outcomes aligned with projections.(9) How the producer responsibility organization will improve the collection, processing, and recycling operations for covered products, including, but not limited to, pilot programs to test new processes, methods, or equipment.(10) How approved collection sites will be operated to ensure that covered products are collected at no cost, safely, and handle covered product in accordance with all applicable state and federal law.(i) (1) Describe the statewide education and outreach programs efforts to various audiences, including, but not limited to, consumers, commercial building owners, covered product installation contractors, construction and demolition contractors, retailers, and wholesalers to promote their participation in achieving the purposes of the producer responsibility plan. These education and outreach materials shall include, but are not limited to, any of the following:(A) Signage that is prominently displayed and easily visible.(B) Written materials and templates of materials to be provided to covered product 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 the producer responsibility organization and the means by which it is being carried out.(D) An internet website that publicizes the location of approved collection sites and provides information on how to drop off covered products at the free and convenient network of approved collection sites offered by the producer responsibility organization, including any information reasonably necessary to safely and conveniently access the collection and recycling services offered by the producer responsibility organization.(E) All signage and materials required for approved collection sites by the producer responsibility organization, and a description of the method by which approved collection sites can access replacement materials at no cost to the approved collection site.(F) A description of efforts to support participation by all California communities, including a description of efforts to communicate in languages other than English.(G) A description of strategies, goals, and metrics used to determine the success of the producer responsibility plan implementation and statewide education and outreach program.(2) The statewide education and outreach program shall promote the safe and proper management of covered products, including source reduction and environmentally preferable purchasing of covered products.(3) The statewide education and outreach plan program shall include information for consumers about how to avoid improper disposal of covered products.(4) The statewide education and outreach program shall include a survey to consumers and contractors regarding their awareness of the producer responsibility plan, their use of resources available to them under the producer responsibility plan, including collection sites, and why they do or do not use those resources. The survey shall occur once every three years.(j) Include a contingency plan that takes effect in the event the producer responsibility 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 producer responsibility plan, subject to the direction of the department, until that time as a new producer responsibility plan is approved. Upon producer responsibility plan expiration or revocation of the producer responsibility plan, the balance of the producer responsibility organizations operating reserves collected pursuant to subdivision (d) 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 producer responsibility plan.(k) Allocate annual grants to apprenticeship programs for training apprentices and journey-level carpet installers in proper carpet recycling techniques, including installation and removal techniques that maximize the recyclability of carpet. The producer responsibility plan shall provide for annual grants to joint apprenticeship programs approved by the Division of Apprenticeship Standards to train carpet installers, with the amount divided evenly between programs in northern California and southern California.(l) (1) Prioritize expenditure of assessments collected pursuant to Section 42972 on activities to carry out the producer responsibility plan in California.(2) Consistent with paragraph (4) of subdivision (a) of Section 42972, 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 Section 42972, 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.(3) 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.(m) Provide for the payment to an approved collection site for accepting, collecting, storing, transporting, and handling covered products in an amount determined by the approved collection site and the producer responsibility organization. Payment of these costs shall be reflected in the budget pursuant to subdivision (e).(n) Explain how producers will, on and after January 1, 2027, through the use of a use standardized stamping or some other means, means to provide a visual mark on the back of a covered product that is a synthetic material to allow expeditious sorting of the carpet, by 2027. provides the name of the manufacturer, the date of manufacture, and a listing of face fibers and backing materials contained in the product.(o) Require carpet to contain 5 percent of postconsumer recycled carpet content by 2028. The department may, for the year 2029 and any year thereafter, set the rate for postconsumer recycled carpet to be required in carpet.(p) Include written certification by an authorized representative of the producer responsibility organization that, at the time of submission to the department, the producer responsibility plan, including all aspects of the producer responsibility plan related to the collection, transportation, and management of covered products, is in compliance with all applicable state and federal laws and regulations.
SEC. 5. Section 42968.32 of the Public Resources Code is amended to read:
### SEC. 5.
42968.32. A producer responsibility plan for covered products shall do all of the following:(a) Be designed to accept and manage all postconsumer covered products.(b) Include the name and contact information of each producer and brand covered under the producer responsibility plan. The contact information shall include the producers email address, phone number, and mailing and physical address.(c) Explain the producer responsibility organizations funding methods, and explain how those methods will fully fund the producer responsibility organization in a manner that equitably distributes the producer responsibility organizations costs among the producers pursuant to subdivision (a) of Section 42968.23.(d) (1) Include the fee required by Section 42968.51 and a description of how it is calculated.(2) Include the fee required by Section 42968.52, a description of how it is calculated, and an explanation of how it complies with Section 42968.52.(e) Include a five-year budget that establishes a funding level sufficient to operate the producer responsibility organization in a prudent and responsible manner. The budget shall demonstrate how estimated revenues will cover all budgeted costs for each cost category. Budgeted costs shall include, but not be limited to, administrative costs, education and outreach costs, operational costs, capital costs, and a reserve.(1) Administrative costs shall include the departments actual and reasonable regulatory costs, which include full personnel costs, to implement and enforce this chapter as the criteria for all the costs are defined in the regulations adopted pursuant to Section 42968.1. For purposes of this paragraph, producer responsibility organization implementation begins once the department approves the producer responsibility organizations producer responsibility plan, except the departments costs shall include actual regulatory development costs and other startup costs incurred prior to producer responsibility plan submittal and approval.(2) The reserve shall include funds to operate the producer responsibility organization should there be unexpected events, losses of income, or large unbudgeted expenses. It shall also protect the recycling infrastructure the producer responsibility organization relies on in its producer responsibility plan during any lapse in producer participation during the life of the program. The reserve cost category shall include a reserve level amount and description justifying the reserve level amount indicated. The producer responsibility organization shall maintain reserve funds sufficient to operate the producer responsibility plan for no less than six months. In the event that a new producer responsibility organization is approved by the department, the producer responsibility organization shall establish its reserve and maintain the required reserve fund balance by the end of the second year of producer responsibility plan operation. In the event that the producer responsibility organizations producer responsibility plan expires or is revoked, the reserve balance shall be transferred to a successor producer responsibility organization or a trustee, pursuant to subdivision (j).(f) Include quantifiable five-year and annual performance standards and metrics for each covered product category until such time as the department publishes performance standards pursuant to Section 42968.34. The producer responsibility organization shall amend its producer responsibility plan to meet the performance standards published by the department. Performance standards published by the department pursuant to this subdivision shall not be subject to the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). Performance standards may include, but are not limited to, collection, reduction in disposal, and maximizing recycling.(g) (1) Describe of how the producer responsibility organization will provide free dropoff and convenient collection system for covered products, which shall include approved collection sites in each county of the state that provide for a reasonable geographic spread of permanent collection sites and an explanation for the geographic spread.(2) The department may by regulation adjust the minimum number of required approved collection sites described in paragraph (1) to ensure that consumers have sufficient convenient access to approved collection sites, applicable to a producer responsibility plan addressing collection of covered products, if the department has substantial evidence that allowing for this adjustment will increase the collection of covered products or is otherwise justified considering the population or geographic attributes of the county. For counties bordering another state, the number of approved collection sites within that county may include a facility located in an adjacent state if that facility is regularly involved in the management of that countys solid waste and recyclables.(h) Describe how approved collection sites will be authorized and managed, including all of the following:(1) The process by which the producer responsibility organization will provide for the collection, storage, and transport of covered products from the approved collection sites to an authorized recycling facility.(2) How the producer responsibility organization will ensure the cost-effective sorting of covered products using the best available technology to avoid any recyclable materials from being disposed.(3) How the producer responsibility organization will maintain all collection and transport records and make them available to the department upon request.(4) A list of all proposed rules, conditions, and requirements for authorized collectors, including a template proposed agreement.(5) How the producer responsibility organization will maximize the recycling of covered products, including prioritizing reuse and closed loop recycling.(6) How the producer responsibility organization will maximize the collection and reuse of convention carpet, including no less than 20 percent reuse by 2028.(7) The process by which covered products will be managed following collection at approved collection sites, including:(A) How covered products will be handled and managed according to the waste hierarchy as defined in Section 40051.(B) How the producer responsibility organization will maximize the recycling of covered products.(C) How the producer responsibility organization will minimize disposal of covered products collected by the producer responsibility organization.(8) A description of the producer responsibility organizations annual assessment and the metrics it will use to determine how collection, sorting, and transportation outcomes aligned with projections.(9) How the producer responsibility organization will improve the collection, processing, and recycling operations for covered products, including, but not limited to, pilot programs to test new processes, methods, or equipment.(10) How approved collection sites will be operated to ensure that covered products are collected at no cost, safely, and handle covered product in accordance with all applicable state and federal law.(i) (1) Describe the statewide education and outreach programs efforts to various audiences, including, but not limited to, consumers, commercial building owners, covered product installation contractors, construction and demolition contractors, retailers, and wholesalers to promote their participation in achieving the purposes of the producer responsibility plan. These education and outreach materials shall include, but are not limited to, any of the following:(A) Signage that is prominently displayed and easily visible.(B) Written materials and templates of materials to be provided to covered product 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 the producer responsibility organization and the means by which it is being carried out.(D) An internet website that publicizes the location of approved collection sites and provides information on how to drop off covered products at the free and convenient network of approved collection sites offered by the producer responsibility organization, including any information reasonably necessary to safely and conveniently access the collection and recycling services offered by the producer responsibility organization.(E) All signage and materials required for approved collection sites by the producer responsibility organization, and a description of the method by which approved collection sites can access replacement materials at no cost to the approved collection site.(F) A description of efforts to support participation by all California communities, including a description of efforts to communicate in languages other than English.(G) A description of strategies, goals, and metrics used to determine the success of the producer responsibility plan implementation and statewide education and outreach program.(2) The statewide education and outreach program shall promote the safe and proper management of covered products, including source reduction and environmentally preferable purchasing of covered products.(3) The statewide education and outreach plan program shall include information for consumers about how to avoid improper disposal of covered products.(4) The statewide education and outreach program shall include a survey to consumers and contractors regarding their awareness of the producer responsibility plan, their use of resources available to them under the producer responsibility plan, including collection sites, and why they do or do not use those resources. The survey shall occur once every three years.(j) Include a contingency plan that takes effect in the event the producer responsibility 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 producer responsibility plan, subject to the direction of the department, until that time as a new producer responsibility plan is approved. Upon producer responsibility plan expiration or revocation of the producer responsibility plan, the balance of the producer responsibility organizations operating reserves collected pursuant to subdivision (d) 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 producer responsibility plan.(k) Allocate annual grants to apprenticeship programs for training apprentices and journey-level carpet installers in proper carpet recycling techniques, including installation and removal techniques that maximize the recyclability of carpet. The producer responsibility plan shall provide for annual grants to joint apprenticeship programs approved by the Division of Apprenticeship Standards to train carpet installers, with the amount divided evenly between programs in northern California and southern California.(l) (1) Prioritize expenditure of assessments collected pursuant to Section 42972 on activities to carry out the producer responsibility plan in California.(2) Consistent with paragraph (4) of subdivision (a) of Section 42972, 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 Section 42972, 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.(3) 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.(m) Provide for the payment to an approved collection site for accepting, collecting, storing, transporting, and handling covered products in an amount determined by the approved collection site and the producer responsibility organization. Payment of these costs shall be reflected in the budget pursuant to subdivision (e).(n) Explain how producers will, on and after January 1, 2027, through the use of a use standardized stamping or some other means, means to provide a visual mark on the back of a covered product that is a synthetic material to allow expeditious sorting of the carpet, by 2027. provides the name of the manufacturer, the date of manufacture, and a listing of face fibers and backing materials contained in the product.(o) Require carpet to contain 5 percent of postconsumer recycled carpet content by 2028. The department may, for the year 2029 and any year thereafter, set the rate for postconsumer recycled carpet to be required in carpet.(p) Include written certification by an authorized representative of the producer responsibility organization that, at the time of submission to the department, the producer responsibility plan, including all aspects of the producer responsibility plan related to the collection, transportation, and management of covered products, is in compliance with all applicable state and federal laws and regulations.
42968.32. A producer responsibility plan for covered products shall do all of the following:(a) Be designed to accept and manage all postconsumer covered products.(b) Include the name and contact information of each producer and brand covered under the producer responsibility plan. The contact information shall include the producers email address, phone number, and mailing and physical address.(c) Explain the producer responsibility organizations funding methods, and explain how those methods will fully fund the producer responsibility organization in a manner that equitably distributes the producer responsibility organizations costs among the producers pursuant to subdivision (a) of Section 42968.23.(d) (1) Include the fee required by Section 42968.51 and a description of how it is calculated.(2) Include the fee required by Section 42968.52, a description of how it is calculated, and an explanation of how it complies with Section 42968.52.(e) Include a five-year budget that establishes a funding level sufficient to operate the producer responsibility organization in a prudent and responsible manner. The budget shall demonstrate how estimated revenues will cover all budgeted costs for each cost category. Budgeted costs shall include, but not be limited to, administrative costs, education and outreach costs, operational costs, capital costs, and a reserve.(1) Administrative costs shall include the departments actual and reasonable regulatory costs, which include full personnel costs, to implement and enforce this chapter as the criteria for all the costs are defined in the regulations adopted pursuant to Section 42968.1. For purposes of this paragraph, producer responsibility organization implementation begins once the department approves the producer responsibility organizations producer responsibility plan, except the departments costs shall include actual regulatory development costs and other startup costs incurred prior to producer responsibility plan submittal and approval.(2) The reserve shall include funds to operate the producer responsibility organization should there be unexpected events, losses of income, or large unbudgeted expenses. It shall also protect the recycling infrastructure the producer responsibility organization relies on in its producer responsibility plan during any lapse in producer participation during the life of the program. The reserve cost category shall include a reserve level amount and description justifying the reserve level amount indicated. The producer responsibility organization shall maintain reserve funds sufficient to operate the producer responsibility plan for no less than six months. In the event that a new producer responsibility organization is approved by the department, the producer responsibility organization shall establish its reserve and maintain the required reserve fund balance by the end of the second year of producer responsibility plan operation. In the event that the producer responsibility organizations producer responsibility plan expires or is revoked, the reserve balance shall be transferred to a successor producer responsibility organization or a trustee, pursuant to subdivision (j).(f) Include quantifiable five-year and annual performance standards and metrics for each covered product category until such time as the department publishes performance standards pursuant to Section 42968.34. The producer responsibility organization shall amend its producer responsibility plan to meet the performance standards published by the department. Performance standards published by the department pursuant to this subdivision shall not be subject to the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). Performance standards may include, but are not limited to, collection, reduction in disposal, and maximizing recycling.(g) (1) Describe of how the producer responsibility organization will provide free dropoff and convenient collection system for covered products, which shall include approved collection sites in each county of the state that provide for a reasonable geographic spread of permanent collection sites and an explanation for the geographic spread.(2) The department may by regulation adjust the minimum number of required approved collection sites described in paragraph (1) to ensure that consumers have sufficient convenient access to approved collection sites, applicable to a producer responsibility plan addressing collection of covered products, if the department has substantial evidence that allowing for this adjustment will increase the collection of covered products or is otherwise justified considering the population or geographic attributes of the county. For counties bordering another state, the number of approved collection sites within that county may include a facility located in an adjacent state if that facility is regularly involved in the management of that countys solid waste and recyclables.(h) Describe how approved collection sites will be authorized and managed, including all of the following:(1) The process by which the producer responsibility organization will provide for the collection, storage, and transport of covered products from the approved collection sites to an authorized recycling facility.(2) How the producer responsibility organization will ensure the cost-effective sorting of covered products using the best available technology to avoid any recyclable materials from being disposed.(3) How the producer responsibility organization will maintain all collection and transport records and make them available to the department upon request.(4) A list of all proposed rules, conditions, and requirements for authorized collectors, including a template proposed agreement.(5) How the producer responsibility organization will maximize the recycling of covered products, including prioritizing reuse and closed loop recycling.(6) How the producer responsibility organization will maximize the collection and reuse of convention carpet, including no less than 20 percent reuse by 2028.(7) The process by which covered products will be managed following collection at approved collection sites, including:(A) How covered products will be handled and managed according to the waste hierarchy as defined in Section 40051.(B) How the producer responsibility organization will maximize the recycling of covered products.(C) How the producer responsibility organization will minimize disposal of covered products collected by the producer responsibility organization.(8) A description of the producer responsibility organizations annual assessment and the metrics it will use to determine how collection, sorting, and transportation outcomes aligned with projections.(9) How the producer responsibility organization will improve the collection, processing, and recycling operations for covered products, including, but not limited to, pilot programs to test new processes, methods, or equipment.(10) How approved collection sites will be operated to ensure that covered products are collected at no cost, safely, and handle covered product in accordance with all applicable state and federal law.(i) (1) Describe the statewide education and outreach programs efforts to various audiences, including, but not limited to, consumers, commercial building owners, covered product installation contractors, construction and demolition contractors, retailers, and wholesalers to promote their participation in achieving the purposes of the producer responsibility plan. These education and outreach materials shall include, but are not limited to, any of the following:(A) Signage that is prominently displayed and easily visible.(B) Written materials and templates of materials to be provided to covered product 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 the producer responsibility organization and the means by which it is being carried out.(D) An internet website that publicizes the location of approved collection sites and provides information on how to drop off covered products at the free and convenient network of approved collection sites offered by the producer responsibility organization, including any information reasonably necessary to safely and conveniently access the collection and recycling services offered by the producer responsibility organization.(E) All signage and materials required for approved collection sites by the producer responsibility organization, and a description of the method by which approved collection sites can access replacement materials at no cost to the approved collection site.(F) A description of efforts to support participation by all California communities, including a description of efforts to communicate in languages other than English.(G) A description of strategies, goals, and metrics used to determine the success of the producer responsibility plan implementation and statewide education and outreach program.(2) The statewide education and outreach program shall promote the safe and proper management of covered products, including source reduction and environmentally preferable purchasing of covered products.(3) The statewide education and outreach plan program shall include information for consumers about how to avoid improper disposal of covered products.(4) The statewide education and outreach program shall include a survey to consumers and contractors regarding their awareness of the producer responsibility plan, their use of resources available to them under the producer responsibility plan, including collection sites, and why they do or do not use those resources. The survey shall occur once every three years.(j) Include a contingency plan that takes effect in the event the producer responsibility 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 producer responsibility plan, subject to the direction of the department, until that time as a new producer responsibility plan is approved. Upon producer responsibility plan expiration or revocation of the producer responsibility plan, the balance of the producer responsibility organizations operating reserves collected pursuant to subdivision (d) 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 producer responsibility plan.(k) Allocate annual grants to apprenticeship programs for training apprentices and journey-level carpet installers in proper carpet recycling techniques, including installation and removal techniques that maximize the recyclability of carpet. The producer responsibility plan shall provide for annual grants to joint apprenticeship programs approved by the Division of Apprenticeship Standards to train carpet installers, with the amount divided evenly between programs in northern California and southern California.(l) (1) Prioritize expenditure of assessments collected pursuant to Section 42972 on activities to carry out the producer responsibility plan in California.(2) Consistent with paragraph (4) of subdivision (a) of Section 42972, 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 Section 42972, 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.(3) 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.(m) Provide for the payment to an approved collection site for accepting, collecting, storing, transporting, and handling covered products in an amount determined by the approved collection site and the producer responsibility organization. Payment of these costs shall be reflected in the budget pursuant to subdivision (e).(n) Explain how producers will, on and after January 1, 2027, through the use of a use standardized stamping or some other means, means to provide a visual mark on the back of a covered product that is a synthetic material to allow expeditious sorting of the carpet, by 2027. provides the name of the manufacturer, the date of manufacture, and a listing of face fibers and backing materials contained in the product.(o) Require carpet to contain 5 percent of postconsumer recycled carpet content by 2028. The department may, for the year 2029 and any year thereafter, set the rate for postconsumer recycled carpet to be required in carpet.(p) Include written certification by an authorized representative of the producer responsibility organization that, at the time of submission to the department, the producer responsibility plan, including all aspects of the producer responsibility plan related to the collection, transportation, and management of covered products, is in compliance with all applicable state and federal laws and regulations.
42968.32. A producer responsibility plan for covered products shall do all of the following:(a) Be designed to accept and manage all postconsumer covered products.(b) Include the name and contact information of each producer and brand covered under the producer responsibility plan. The contact information shall include the producers email address, phone number, and mailing and physical address.(c) Explain the producer responsibility organizations funding methods, and explain how those methods will fully fund the producer responsibility organization in a manner that equitably distributes the producer responsibility organizations costs among the producers pursuant to subdivision (a) of Section 42968.23.(d) (1) Include the fee required by Section 42968.51 and a description of how it is calculated.(2) Include the fee required by Section 42968.52, a description of how it is calculated, and an explanation of how it complies with Section 42968.52.(e) Include a five-year budget that establishes a funding level sufficient to operate the producer responsibility organization in a prudent and responsible manner. The budget shall demonstrate how estimated revenues will cover all budgeted costs for each cost category. Budgeted costs shall include, but not be limited to, administrative costs, education and outreach costs, operational costs, capital costs, and a reserve.(1) Administrative costs shall include the departments actual and reasonable regulatory costs, which include full personnel costs, to implement and enforce this chapter as the criteria for all the costs are defined in the regulations adopted pursuant to Section 42968.1. For purposes of this paragraph, producer responsibility organization implementation begins once the department approves the producer responsibility organizations producer responsibility plan, except the departments costs shall include actual regulatory development costs and other startup costs incurred prior to producer responsibility plan submittal and approval.(2) The reserve shall include funds to operate the producer responsibility organization should there be unexpected events, losses of income, or large unbudgeted expenses. It shall also protect the recycling infrastructure the producer responsibility organization relies on in its producer responsibility plan during any lapse in producer participation during the life of the program. The reserve cost category shall include a reserve level amount and description justifying the reserve level amount indicated. The producer responsibility organization shall maintain reserve funds sufficient to operate the producer responsibility plan for no less than six months. In the event that a new producer responsibility organization is approved by the department, the producer responsibility organization shall establish its reserve and maintain the required reserve fund balance by the end of the second year of producer responsibility plan operation. In the event that the producer responsibility organizations producer responsibility plan expires or is revoked, the reserve balance shall be transferred to a successor producer responsibility organization or a trustee, pursuant to subdivision (j).(f) Include quantifiable five-year and annual performance standards and metrics for each covered product category until such time as the department publishes performance standards pursuant to Section 42968.34. The producer responsibility organization shall amend its producer responsibility plan to meet the performance standards published by the department. Performance standards published by the department pursuant to this subdivision shall not be subject to the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). Performance standards may include, but are not limited to, collection, reduction in disposal, and maximizing recycling.(g) (1) Describe of how the producer responsibility organization will provide free dropoff and convenient collection system for covered products, which shall include approved collection sites in each county of the state that provide for a reasonable geographic spread of permanent collection sites and an explanation for the geographic spread.(2) The department may by regulation adjust the minimum number of required approved collection sites described in paragraph (1) to ensure that consumers have sufficient convenient access to approved collection sites, applicable to a producer responsibility plan addressing collection of covered products, if the department has substantial evidence that allowing for this adjustment will increase the collection of covered products or is otherwise justified considering the population or geographic attributes of the county. For counties bordering another state, the number of approved collection sites within that county may include a facility located in an adjacent state if that facility is regularly involved in the management of that countys solid waste and recyclables.(h) Describe how approved collection sites will be authorized and managed, including all of the following:(1) The process by which the producer responsibility organization will provide for the collection, storage, and transport of covered products from the approved collection sites to an authorized recycling facility.(2) How the producer responsibility organization will ensure the cost-effective sorting of covered products using the best available technology to avoid any recyclable materials from being disposed.(3) How the producer responsibility organization will maintain all collection and transport records and make them available to the department upon request.(4) A list of all proposed rules, conditions, and requirements for authorized collectors, including a template proposed agreement.(5) How the producer responsibility organization will maximize the recycling of covered products, including prioritizing reuse and closed loop recycling.(6) How the producer responsibility organization will maximize the collection and reuse of convention carpet, including no less than 20 percent reuse by 2028.(7) The process by which covered products will be managed following collection at approved collection sites, including:(A) How covered products will be handled and managed according to the waste hierarchy as defined in Section 40051.(B) How the producer responsibility organization will maximize the recycling of covered products.(C) How the producer responsibility organization will minimize disposal of covered products collected by the producer responsibility organization.(8) A description of the producer responsibility organizations annual assessment and the metrics it will use to determine how collection, sorting, and transportation outcomes aligned with projections.(9) How the producer responsibility organization will improve the collection, processing, and recycling operations for covered products, including, but not limited to, pilot programs to test new processes, methods, or equipment.(10) How approved collection sites will be operated to ensure that covered products are collected at no cost, safely, and handle covered product in accordance with all applicable state and federal law.(i) (1) Describe the statewide education and outreach programs efforts to various audiences, including, but not limited to, consumers, commercial building owners, covered product installation contractors, construction and demolition contractors, retailers, and wholesalers to promote their participation in achieving the purposes of the producer responsibility plan. These education and outreach materials shall include, but are not limited to, any of the following:(A) Signage that is prominently displayed and easily visible.(B) Written materials and templates of materials to be provided to covered product 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 the producer responsibility organization and the means by which it is being carried out.(D) An internet website that publicizes the location of approved collection sites and provides information on how to drop off covered products at the free and convenient network of approved collection sites offered by the producer responsibility organization, including any information reasonably necessary to safely and conveniently access the collection and recycling services offered by the producer responsibility organization.(E) All signage and materials required for approved collection sites by the producer responsibility organization, and a description of the method by which approved collection sites can access replacement materials at no cost to the approved collection site.(F) A description of efforts to support participation by all California communities, including a description of efforts to communicate in languages other than English.(G) A description of strategies, goals, and metrics used to determine the success of the producer responsibility plan implementation and statewide education and outreach program.(2) The statewide education and outreach program shall promote the safe and proper management of covered products, including source reduction and environmentally preferable purchasing of covered products.(3) The statewide education and outreach plan program shall include information for consumers about how to avoid improper disposal of covered products.(4) The statewide education and outreach program shall include a survey to consumers and contractors regarding their awareness of the producer responsibility plan, their use of resources available to them under the producer responsibility plan, including collection sites, and why they do or do not use those resources. The survey shall occur once every three years.(j) Include a contingency plan that takes effect in the event the producer responsibility 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 producer responsibility plan, subject to the direction of the department, until that time as a new producer responsibility plan is approved. Upon producer responsibility plan expiration or revocation of the producer responsibility plan, the balance of the producer responsibility organizations operating reserves collected pursuant to subdivision (d) 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 producer responsibility plan.(k) Allocate annual grants to apprenticeship programs for training apprentices and journey-level carpet installers in proper carpet recycling techniques, including installation and removal techniques that maximize the recyclability of carpet. The producer responsibility plan shall provide for annual grants to joint apprenticeship programs approved by the Division of Apprenticeship Standards to train carpet installers, with the amount divided evenly between programs in northern California and southern California.(l) (1) Prioritize expenditure of assessments collected pursuant to Section 42972 on activities to carry out the producer responsibility plan in California.(2) Consistent with paragraph (4) of subdivision (a) of Section 42972, 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 Section 42972, 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.(3) 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.(m) Provide for the payment to an approved collection site for accepting, collecting, storing, transporting, and handling covered products in an amount determined by the approved collection site and the producer responsibility organization. Payment of these costs shall be reflected in the budget pursuant to subdivision (e).(n) Explain how producers will, on and after January 1, 2027, through the use of a use standardized stamping or some other means, means to provide a visual mark on the back of a covered product that is a synthetic material to allow expeditious sorting of the carpet, by 2027. provides the name of the manufacturer, the date of manufacture, and a listing of face fibers and backing materials contained in the product.(o) Require carpet to contain 5 percent of postconsumer recycled carpet content by 2028. The department may, for the year 2029 and any year thereafter, set the rate for postconsumer recycled carpet to be required in carpet.(p) Include written certification by an authorized representative of the producer responsibility organization that, at the time of submission to the department, the producer responsibility plan, including all aspects of the producer responsibility plan related to the collection, transportation, and management of covered products, is in compliance with all applicable state and federal laws and regulations.
42968.32. A producer responsibility plan for covered products shall do all of the following:
(a) Be designed to accept and manage all postconsumer covered products.
(b) Include the name and contact information of each producer and brand covered under the producer responsibility plan. The contact information shall include the producers email address, phone number, and mailing and physical address.
(c) Explain the producer responsibility organizations funding methods, and explain how those methods will fully fund the producer responsibility organization in a manner that equitably distributes the producer responsibility organizations costs among the producers pursuant to subdivision (a) of Section 42968.23.
(d) (1) Include the fee required by Section 42968.51 and a description of how it is calculated.
(2) Include the fee required by Section 42968.52, a description of how it is calculated, and an explanation of how it complies with Section 42968.52.
(e) Include a five-year budget that establishes a funding level sufficient to operate the producer responsibility organization in a prudent and responsible manner. The budget shall demonstrate how estimated revenues will cover all budgeted costs for each cost category. Budgeted costs shall include, but not be limited to, administrative costs, education and outreach costs, operational costs, capital costs, and a reserve.
(1) Administrative costs shall include the departments actual and reasonable regulatory costs, which include full personnel costs, to implement and enforce this chapter as the criteria for all the costs are defined in the regulations adopted pursuant to Section 42968.1. For purposes of this paragraph, producer responsibility organization implementation begins once the department approves the producer responsibility organizations producer responsibility plan, except the departments costs shall include actual regulatory development costs and other startup costs incurred prior to producer responsibility plan submittal and approval.
(2) The reserve shall include funds to operate the producer responsibility organization should there be unexpected events, losses of income, or large unbudgeted expenses. It shall also protect the recycling infrastructure the producer responsibility organization relies on in its producer responsibility plan during any lapse in producer participation during the life of the program. The reserve cost category shall include a reserve level amount and description justifying the reserve level amount indicated. The producer responsibility organization shall maintain reserve funds sufficient to operate the producer responsibility plan for no less than six months. In the event that a new producer responsibility organization is approved by the department, the producer responsibility organization shall establish its reserve and maintain the required reserve fund balance by the end of the second year of producer responsibility plan operation. In the event that the producer responsibility organizations producer responsibility plan expires or is revoked, the reserve balance shall be transferred to a successor producer responsibility organization or a trustee, pursuant to subdivision (j).
(f) Include quantifiable five-year and annual performance standards and metrics for each covered product category until such time as the department publishes performance standards pursuant to Section 42968.34. The producer responsibility organization shall amend its producer responsibility plan to meet the performance standards published by the department. Performance standards published by the department pursuant to this subdivision shall not be subject to the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). Performance standards may include, but are not limited to, collection, reduction in disposal, and maximizing recycling.
(g) (1) Describe of how the producer responsibility organization will provide free dropoff and convenient collection system for covered products, which shall include approved collection sites in each county of the state that provide for a reasonable geographic spread of permanent collection sites and an explanation for the geographic spread.
(2) The department may by regulation adjust the minimum number of required approved collection sites described in paragraph (1) to ensure that consumers have sufficient convenient access to approved collection sites, applicable to a producer responsibility plan addressing collection of covered products, if the department has substantial evidence that allowing for this adjustment will increase the collection of covered products or is otherwise justified considering the population or geographic attributes of the county. For counties bordering another state, the number of approved collection sites within that county may include a facility located in an adjacent state if that facility is regularly involved in the management of that countys solid waste and recyclables.
(h) Describe how approved collection sites will be authorized and managed, including all of the following:
(1) The process by which the producer responsibility organization will provide for the collection, storage, and transport of covered products from the approved collection sites to an authorized recycling facility.
(2) How the producer responsibility organization will ensure the cost-effective sorting of covered products using the best available technology to avoid any recyclable materials from being disposed.
(3) How the producer responsibility organization will maintain all collection and transport records and make them available to the department upon request.
(4) A list of all proposed rules, conditions, and requirements for authorized collectors, including a template proposed agreement.
(5) How the producer responsibility organization will maximize the recycling of covered products, including prioritizing reuse and closed loop recycling.
(6) How the producer responsibility organization will maximize the collection and reuse of convention carpet, including no less than 20 percent reuse by 2028.
(7) The process by which covered products will be managed following collection at approved collection sites, including:
(A) How covered products will be handled and managed according to the waste hierarchy as defined in Section 40051.
(B) How the producer responsibility organization will maximize the recycling of covered products.
(C) How the producer responsibility organization will minimize disposal of covered products collected by the producer responsibility organization.
(8) A description of the producer responsibility organizations annual assessment and the metrics it will use to determine how collection, sorting, and transportation outcomes aligned with projections.
(9) How the producer responsibility organization will improve the collection, processing, and recycling operations for covered products, including, but not limited to, pilot programs to test new processes, methods, or equipment.
(10) How approved collection sites will be operated to ensure that covered products are collected at no cost, safely, and handle covered product in accordance with all applicable state and federal law.
(i) (1) Describe the statewide education and outreach programs efforts to various audiences, including, but not limited to, consumers, commercial building owners, covered product installation contractors, construction and demolition contractors, retailers, and wholesalers to promote their participation in achieving the purposes of the producer responsibility plan. These education and outreach materials shall include, but are not limited to, any of the following:
(A) Signage that is prominently displayed and easily visible.
(B) Written materials and templates of materials to be provided to covered product 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 the producer responsibility organization and the means by which it is being carried out.
(D) An internet website that publicizes the location of approved collection sites and provides information on how to drop off covered products at the free and convenient network of approved collection sites offered by the producer responsibility organization, including any information reasonably necessary to safely and conveniently access the collection and recycling services offered by the producer responsibility organization.
(E) All signage and materials required for approved collection sites by the producer responsibility organization, and a description of the method by which approved collection sites can access replacement materials at no cost to the approved collection site.
(F) A description of efforts to support participation by all California communities, including a description of efforts to communicate in languages other than English.
(G) A description of strategies, goals, and metrics used to determine the success of the producer responsibility plan implementation and statewide education and outreach program.
(2) The statewide education and outreach program shall promote the safe and proper management of covered products, including source reduction and environmentally preferable purchasing of covered products.
(3) The statewide education and outreach plan program shall include information for consumers about how to avoid improper disposal of covered products.
(4) The statewide education and outreach program shall include a survey to consumers and contractors regarding their awareness of the producer responsibility plan, their use of resources available to them under the producer responsibility plan, including collection sites, and why they do or do not use those resources. The survey shall occur once every three years.
(j) Include a contingency plan that takes effect in the event the producer responsibility 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 producer responsibility plan, subject to the direction of the department, until that time as a new producer responsibility plan is approved. Upon producer responsibility plan expiration or revocation of the producer responsibility plan, the balance of the producer responsibility organizations operating reserves collected pursuant to subdivision (d) 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 producer responsibility plan.
(k) Allocate annual grants to apprenticeship programs for training apprentices and journey-level carpet installers in proper carpet recycling techniques, including installation and removal techniques that maximize the recyclability of carpet. The producer responsibility plan shall provide for annual grants to joint apprenticeship programs approved by the Division of Apprenticeship Standards to train carpet installers, with the amount divided evenly between programs in northern California and southern California.
(l) (1) Prioritize expenditure of assessments collected pursuant to Section 42972 on activities to carry out the producer responsibility plan in California.
(2) Consistent with paragraph (4) of subdivision (a) of Section 42972, 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 Section 42972, 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.
(3) 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.
(m) Provide for the payment to an approved collection site for accepting, collecting, storing, transporting, and handling covered products in an amount determined by the approved collection site and the producer responsibility organization. Payment of these costs shall be reflected in the budget pursuant to subdivision (e).
(n) Explain how producers will, on and after January 1, 2027, through the use of a use standardized stamping or some other means, means to provide a visual mark on the back of a covered product that is a synthetic material to allow expeditious sorting of the carpet, by 2027. provides the name of the manufacturer, the date of manufacture, and a listing of face fibers and backing materials contained in the product.
(o) Require carpet to contain 5 percent of postconsumer recycled carpet content by 2028. The department may, for the year 2029 and any year thereafter, set the rate for postconsumer recycled carpet to be required in carpet.
(p) Include written certification by an authorized representative of the producer responsibility organization that, at the time of submission to the department, the producer responsibility plan, including all aspects of the producer responsibility plan related to the collection, transportation, and management of covered products, is in compliance with all applicable state and federal laws and regulations.
SEC. 6. Section 42968.40 of the Public Resources Code is amended to read:42968.40. (a) (1) No later than January 1, 2029, a person that, as part of the installation of a covered product, removes a covered product from a residence or business shall transport, or contract to transport, all of the removed covered products to an approved collection site. Covered material collected at an approved collection site shall be transported to a recycling facility designated by the producer responsibility organization.(2) Paragraph (1) does not apply to a covered product if all of the following are met:(A) The covered product is returned to its producer.(B) The producers return process and guidelines are included in the producer responsibility organizations approved producer responsibility plan.(C) The producer collects, maintains, and provides to the producer responsibility organization, the information necessary for the collection to be included in the producer responsibility organizations performance metrics.(D) The producers return process is subject to audit by the producer responsibility organization and the department.(b) An approved collection site shall ensure that covered products are collected in the prescribed conditions required by the approved producer responsibility plan. The conditions shall include, but are not limited to, the following requirements:(1) A covered product shall be kept in a location that allows it to remain dry at all times.(2) A container holding a collected covered product shall be free of all contaminated discarded waste items.(3) An approved collection site shall permit a processors prescribed container to be housed on site for loading and for pickup at the approved collection site, if the processor is approved by the producer responsibility plan.
SEC. 6. Section 42968.40 of the Public Resources Code is amended to read:
### SEC. 6.
42968.40. (a) (1) No later than January 1, 2029, a person that, as part of the installation of a covered product, removes a covered product from a residence or business shall transport, or contract to transport, all of the removed covered products to an approved collection site. Covered material collected at an approved collection site shall be transported to a recycling facility designated by the producer responsibility organization.(2) Paragraph (1) does not apply to a covered product if all of the following are met:(A) The covered product is returned to its producer.(B) The producers return process and guidelines are included in the producer responsibility organizations approved producer responsibility plan.(C) The producer collects, maintains, and provides to the producer responsibility organization, the information necessary for the collection to be included in the producer responsibility organizations performance metrics.(D) The producers return process is subject to audit by the producer responsibility organization and the department.(b) An approved collection site shall ensure that covered products are collected in the prescribed conditions required by the approved producer responsibility plan. The conditions shall include, but are not limited to, the following requirements:(1) A covered product shall be kept in a location that allows it to remain dry at all times.(2) A container holding a collected covered product shall be free of all contaminated discarded waste items.(3) An approved collection site shall permit a processors prescribed container to be housed on site for loading and for pickup at the approved collection site, if the processor is approved by the producer responsibility plan.
42968.40. (a) (1) No later than January 1, 2029, a person that, as part of the installation of a covered product, removes a covered product from a residence or business shall transport, or contract to transport, all of the removed covered products to an approved collection site. Covered material collected at an approved collection site shall be transported to a recycling facility designated by the producer responsibility organization.(2) Paragraph (1) does not apply to a covered product if all of the following are met:(A) The covered product is returned to its producer.(B) The producers return process and guidelines are included in the producer responsibility organizations approved producer responsibility plan.(C) The producer collects, maintains, and provides to the producer responsibility organization, the information necessary for the collection to be included in the producer responsibility organizations performance metrics.(D) The producers return process is subject to audit by the producer responsibility organization and the department.(b) An approved collection site shall ensure that covered products are collected in the prescribed conditions required by the approved producer responsibility plan. The conditions shall include, but are not limited to, the following requirements:(1) A covered product shall be kept in a location that allows it to remain dry at all times.(2) A container holding a collected covered product shall be free of all contaminated discarded waste items.(3) An approved collection site shall permit a processors prescribed container to be housed on site for loading and for pickup at the approved collection site, if the processor is approved by the producer responsibility plan.
42968.40. (a) (1) No later than January 1, 2029, a person that, as part of the installation of a covered product, removes a covered product from a residence or business shall transport, or contract to transport, all of the removed covered products to an approved collection site. Covered material collected at an approved collection site shall be transported to a recycling facility designated by the producer responsibility organization.(2) Paragraph (1) does not apply to a covered product if all of the following are met:(A) The covered product is returned to its producer.(B) The producers return process and guidelines are included in the producer responsibility organizations approved producer responsibility plan.(C) The producer collects, maintains, and provides to the producer responsibility organization, the information necessary for the collection to be included in the producer responsibility organizations performance metrics.(D) The producers return process is subject to audit by the producer responsibility organization and the department.(b) An approved collection site shall ensure that covered products are collected in the prescribed conditions required by the approved producer responsibility plan. The conditions shall include, but are not limited to, the following requirements:(1) A covered product shall be kept in a location that allows it to remain dry at all times.(2) A container holding a collected covered product shall be free of all contaminated discarded waste items.(3) An approved collection site shall permit a processors prescribed container to be housed on site for loading and for pickup at the approved collection site, if the processor is approved by the producer responsibility plan.
42968.40. (a) (1) No later than January 1, 2029, a person that, as part of the installation of a covered product, removes a covered product from a residence or business shall transport, or contract to transport, all of the removed covered products to an approved collection site. Covered material collected at an approved collection site shall be transported to a recycling facility designated by the producer responsibility organization.
(2) Paragraph (1) does not apply to a covered product if all of the following are met:
(A) The covered product is returned to its producer.
(B) The producers return process and guidelines are included in the producer responsibility organizations approved producer responsibility plan.
(C) The producer collects, maintains, and provides to the producer responsibility organization, the information necessary for the collection to be included in the producer responsibility organizations performance metrics.
(D) The producers return process is subject to audit by the producer responsibility organization and the department.
(b) An approved collection site shall ensure that covered products are collected in the prescribed conditions required by the approved producer responsibility plan. The conditions shall include, but are not limited to, the following requirements:
(1) A covered product shall be kept in a location that allows it to remain dry at all times.
(2) A container holding a collected covered product shall be free of all contaminated discarded waste items.
(3) An approved collection site shall permit a processors prescribed container to be housed on site for loading and for pickup at the approved collection site, if the processor is approved by the producer responsibility plan.
SEC. 7. Section 42968.62 of the Public Resources Code is amended to read:42968.62. On or before July September 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 organizations internet website. The report shall include all of the following information for the preceding calendar year:(a) The producer responsibility organizations 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 organizations 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 organizations assessment of the efficacy of the collection, sorting, and transportation process 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.
SEC. 7. Section 42968.62 of the Public Resources Code is amended to read:
### SEC. 7.
42968.62. On or before July September 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 organizations internet website. The report shall include all of the following information for the preceding calendar year:(a) The producer responsibility organizations 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 organizations 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 organizations assessment of the efficacy of the collection, sorting, and transportation process 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.
42968.62. On or before July September 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 organizations internet website. The report shall include all of the following information for the preceding calendar year:(a) The producer responsibility organizations 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 organizations 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 organizations assessment of the efficacy of the collection, sorting, and transportation process 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.
42968.62. On or before July September 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 organizations internet website. The report shall include all of the following information for the preceding calendar year:(a) The producer responsibility organizations 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 organizations 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 organizations assessment of the efficacy of the collection, sorting, and transportation process 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.
42968.62. On or before July September 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 organizations internet website. The report shall include all of the following information for the preceding calendar year:
(a) The producer responsibility organizations 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 organizations 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 organizations assessment of the efficacy of the collection, sorting, and transportation process 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.
SEC. 8. Section 42978 of the Public Resources Code is amended to read:42978. (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. intentional or knowing.(b) In assessing or reviewing the amount of a civil penalty imposed pursuant to subdivision (a) for a violation of this chapter, the department or the court shall consider all of the following:(1) The nature and extent of the violation.(2) The number and severity of the violation or violations.(3) The economic effect of the penalty on the violator.(4) Whether the violator took good faith measures to comply with this chapter and the period of time over which these measures were taken.(5) The willfulness of the violators 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.
SEC. 8. Section 42978 of the Public Resources Code is amended to read:
### SEC. 8.
42978. (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. intentional or knowing.(b) In assessing or reviewing the amount of a civil penalty imposed pursuant to subdivision (a) for a violation of this chapter, the department or the court shall consider all of the following:(1) The nature and extent of the violation.(2) The number and severity of the violation or violations.(3) The economic effect of the penalty on the violator.(4) Whether the violator took good faith measures to comply with this chapter and the period of time over which these measures were taken.(5) The willfulness of the violators 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.
42978. (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. intentional or knowing.(b) In assessing or reviewing the amount of a civil penalty imposed pursuant to subdivision (a) for a violation of this chapter, the department or the court shall consider all of the following:(1) The nature and extent of the violation.(2) The number and severity of the violation or violations.(3) The economic effect of the penalty on the violator.(4) Whether the violator took good faith measures to comply with this chapter and the period of time over which these measures were taken.(5) The willfulness of the violators 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.
42978. (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. intentional or knowing.(b) In assessing or reviewing the amount of a civil penalty imposed pursuant to subdivision (a) for a violation of this chapter, the department or the court shall consider all of the following:(1) The nature and extent of the violation.(2) The number and severity of the violation or violations.(3) The economic effect of the penalty on the violator.(4) Whether the violator took good faith measures to comply with this chapter and the period of time over which these measures were taken.(5) The willfulness of the violators 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.
42978. (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. intentional or knowing.
(b) In assessing or reviewing the amount of a civil penalty imposed pursuant to subdivision (a) for a violation of this chapter, the department or the court shall consider all of the following:
(1) The nature and extent of the violation.
(2) The number and severity of the violation or violations.
(3) The economic effect of the penalty on the violator.
(4) Whether the violator took good faith measures to comply with this chapter and the period of time over which these measures were taken.
(5) The willfulness of the violators 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.
(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 or knowing.
(b)In assessing or reviewing the amount of a civil penalty imposed pursuant to subdivision (a) for a violation of this chapter, the department or the court shall consider all of the following:
(1)The nature and extent of the violation.
(2)The number and severity of the violation or violations.
(3)The economic effect of the penalty on the violator.
(4)Whether the violator took good faith measures to comply with this chapter and the period of time over which these measures were taken.
(5)The willfulness of the violators 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.