PART 3. STATE PROGRAMS [42000. - 42999.7.]
Part 3 added by Stats. 1989, Ch. 1096, Sec. 2.
§§ 42000–42999.7 · 601 sections
CHAPTER 1. Market Development Programs §§ 42000–42025 · 23 sections
ARTICLE 1. General Provisions §§ 42000–42002 · 3 sections
- § 42000 The Legislature hereby finds and declares all of the following: (a) This division requires cities and counties to divert 25 percent of all solid waste from…
- § 42001 The Legislature further finds and declares that the health, safety, and welfare of the people of California depend upon the development, stability, and…
- § 42002 The following definitions govern the construction of this chapter: (a) “Applicant” means a person, as defined in Section 40170, who applies for designation as…
ARTICLE 2. Market Development Plan §§ 42005–42009 · 5 sections
- § 42005 (a) The board shall develop a comprehensive market development plan using existing resources, that will stimulate market demand in the state for postconsumer…
- § 42005.5 (a) The department shall, by July 1, 2020, convene a Statewide Commission on Recycling Markets and Curbside Recycling consisting of representatives of public…
- § 42006 (a) The plan required by Section 42005 shall describe and prioritize actions that should be undertaken to meet the goals specified in subdivision (b) of…
- § 42007 Upon adoption of the plan required by Section 42005, the board shall conduct a detailed analysis of staff resources and consider how to most effectively…
- § 42009 Nothing in this chapter shall be construed to infringe upon regulations relating to civil rights, equal employment rights, equal opportunity rights, or fair…
ARTICLE 3. Market Development Zone Program §§ 42010–42025 · 15 sections
- § 42010 (a) The local governing body may, either by ordinance or resolution, upon the recommendation of the appropriate land use planning agency, propose eligible…
- § 42012 The local governing body, or any person through the local governing body, may apply to the department for designation as a recycling market development zone.
- § 42013 The department shall adopt regulations and guidelines concerning the necessary contents of each application for designation and, in the countywide integrated…
- § 42014 The department may designate or redesignate recycling market development zones for persons applying for that designation.
- § 42019 In evaluating an application for the designation of a recycling market development zone, the department shall consider the amount of landfill capacity…
- § 42020 In evaluating an application for the designation of a recycling market development zone, the department shall not deny the application solely because of…
- § 42023 Nothing in this section shall be interpreted to limit the authority of local governments to make land use decisions within their jurisdiction.
- § 42023.1 (a) The Recycling Market Development Revolving Loan Subaccount is hereby created in the account for the purpose of providing loans for purposes of the…
- § 42023.2 (a) Upon authorization by the Legislature in the annual Budget Act, the Controller shall transfer a sum, as available, from the account to the subaccount as…
- § 42023.3 (a) All money remaining in the subaccount on July 1, 2031, and all money received as repayment and interest on loans shall, as of July 1, 2031, be transferred…
- § 42023.4 (a) A loan made pursuant to Section 42023.1 shall be subject to all of the following requirements: (1) The terms of an approved loan shall be specified in a…
- § 42023.5 (a) The department shall, as part of the annual report to the Legislature, pursuant to Section 40507, include a report on the performance of the Recycling…
- § 42023.6 (a) The department shall encourage applicants to seek participation from private financial institutions or other public agencies. For purposes of enabling the…
- § 42024 The department, the Treasurer, and other appropriate state agencies shall, to the extent feasible and as appropriate, coordinate activities that will leverage…
- § 42025 The department shall update its regulations relating to the implementation of this article. Any regulation promulgated pursuant to this article and in effect…
CHAPTER 2. Pharmaceutical and Sharps Waste Stewardship §§ 42030–42036.4 · 23 sections
ARTICLE 1. Definitions § 42030 · 1 section
- § 42030 For purposes of this chapter, the following terms have the following meanings: (a) “Authorized collection site” means a location where an authorized collector…
ARTICLE 2. Covered Entities and Stewardship Organizations §§ 42031–42031.6 · 4 sections
- § 42031 (a) (1) No later than 90 days after the effective date of this section, a covered entity shall provide a list of covered products, and a list and description…
- § 42031.2 (a) The department shall adopt regulations for the implementation of this chapter with an effective date of no later than January 1, 2021. (b) The state board…
- § 42031.4 (a) Except as specified in subdivision (d) of Section 42035, a covered entity is not in compliance with this chapter and is subject to penalties pursuant to…
- § 42031.6 (a) A program operator shall conduct a comprehensive education and outreach program intended to promote participation in the stewardship program. At a minimum,…
ARTICLE 3. Stewardship Plans §§ 42032–42032.2 · 2 sections
- § 42032 (a) (1) Within six months of the adoption date of regulations by the department pursuant to Section 42031.2, a program operator shall submit to the department…
- § 42032.2 (a) (1) To be complete, a stewardship plan for covered drugs shall do all of the following: (A) Identify and provide contact information for the stewardship…
ARTICLE 4. Reports, Budgets, and Records §§ 42033–42033.6 · 5 sections
- § 42033 With the submission of a stewardship plan, a program operator shall submit to the department an initial stewardship program budget for the first five calendar…
- § 42033.2 (a) On or before March 31, 2022, and each year thereafter, a program operator shall prepare and submit to the department both of the following: (1) A written…
- § 42033.4 (a) A program operator shall keep minutes, books, and records that clearly reflect the activities and transactions of the program operator’s stewardship…
- § 42033.5 For a local jurisdiction that requests removal of home-generated sharps waste or cost recovery or reimbursement for removal pursuant to Section 42032.2, the…
- § 42033.6 As part of the administration of this chapter, within 12 months of a program operator’s submission of three consecutive complete annual reports submitted…
ARTICLE 5. Financial Provisions §§ 42034–42034.4 · 3 sections
- § 42034 In order to further the objective that covered entities establish and implement stewardship programs that comply with the requirements of this chapter, each…
- § 42034.2 (a) (1) On or before the end of the 2022–23 fiscal year, and on March 1 and September 1 of each year thereafter, a program operator shall pay to the department…
- § 42034.4 (a) (1) A stewardship organization may conduct an audit of covered entities that are required to remit a charge or administrative fee to the stewardship…
ARTICLE 6. Enforcement §§ 42035–42035.8 · 5 sections
- § 42035 (a) (1) On or before June 30, 2022, and at least annually thereafter, the department shall post on its Internet Web site a list of stewardship organizations,…
- § 42035.2 (a) (1) The department may impose an administrative penalty on any covered entity, program operator, stewardship organization, or authorized collector that…
- § 42035.4 Upon a written finding that a covered entity, program operator, stewardship organization, or authorized collector has not met a material requirement of this…
- § 42035.6 (a) A covered entity, stewardship organization, program operator, retail pharmacy, or retail pharmacy chain shall do both of the following: (1) Upon request,…
- § 42035.8 All handling, transport, and disposal undertaken as part of a stewardship program under this chapter shall comply with applicable state and federal laws,…
ARTICLE 7. Miscellaneous Provisions §§ 42036–42036.4 · 3 sections
- § 42036 (a) Except as provided in subdivision (c), an action specified in subdivision (b) that is taken by a stewardship organization or a covered entity pursuant to…
- § 42036.2 (a) This chapter does not apply to a drug or sharp within a jurisdiction that is subject to a local stewardship program pursuant to an ordinance that took…
- § 42036.4 Proprietary information submitted to the department under this chapter shall be protected by all parties as confidential and shall be exempt from public…
CHAPTER 3. Plastic Pollution Prevention and Packaging Producer Responsibility Act §§ 42040–42084 · 30 sections
ARTICLE 1. General Provisions §§ 42040–42041 · 2 sections
- § 42040 (a) This chapter shall be known, and may be cited, as the Plastic Pollution Prevention and Packaging Producer Responsibility Act. (b) The Legislature finds and…
- § 42041 For purposes of this chapter, the following definitions apply: (a) “Advisory board” means the producer responsibility advisory board established pursuant to…
ARTICLE 2. Producer Responsibility §§ 42050–42057 · 12 sections
- § 42050 Consistent with the policy goal established in Section 41780.01 and consistent with the waste hierarchy established in Section 40051, producers of covered…
- § 42051 (a) By January 1, 2024, producers of covered material shall form and join a PRO for the purposes of complying with this chapter. The governing body of the PRO…
- § 42051.1 (a) As a condition of producer responsibility plan approval, the PRO plan shall comply with the regulations adopted by the department pursuant to Section…
- § 42051.2 (a) Before submitting the plan to the department for approval, the PRO shall submit a proposed plan to the advisory board for review and comment pursuant to…
- § 42051.3 (a) (1) A PRO shall annually submit to the department and make publicly available on its internet website an annual report and budget that describes how the…
- § 42052 (a) A PRO shall register in the department’s Recycling and Disposal Reporting System, or an alternative reporting system established by the department, and…
- § 42053 (a) (1) As part of its producer responsibility plan pursuant to Section 42051.1, a PRO shall establish a fee for its participants sufficient to ensure the…
- § 42053.5 (a) (1) On or before the end of the 2026–27 fiscal year, and once every three months thereafter, a PRO shall pay to the department the California circular…
- § 42054 (a) A PRO shall keep minutes, books, and records that clearly reflect the activities and transactions of the PRO. (b) The accounting books of the PRO shall be…
- § 42055 (a) Except as provided in subdivision (c), an action specified in subdivision (b) that is taken by a PRO or its participants is not a violation of the…
- § 42056 (a) A PRO, as part of its producer responsibility plan, shall set up a trust fund or an escrow account in California, into which it shall deposit all…
- § 42057 (a) (1) By January 1, 2032, a PRO acting on behalf of participants of the PRO’s approved plan shall develop and implement a plan to achieve the 25-percent…
ARTICLE 3. Program Administration §§ 42060–42067 · 10 sections
- § 42060 (a) By January 1, 2025, the department shall adopt regulations necessary to implement and enforce this chapter and to ensure that the requirements of this…
- § 42060.5 (a) Except as provided in subdivisions (b), (c), (d), and (e), all local jurisdictions or recycling service providers shall include in their collection and…
- § 42061 The department shall do all of the following: (a) (1) By July 1, 2024, the department shall establish and post on its internet website a list of covered…
- § 42061.5 (a) The department shall approve a PRO that meets the requirements of this chapter and both of the following: (1) The PRO has a governing board consisting of…
- § 42062 (a) Commencing in the 2026 calendar year, and every two years thereafter, the department shall review, in consultation with the advisory board, relevant data…
- § 42063 (a) In accordance with Sections 42051.2 and 42051.3, the department shall review a plan, plan amendment, or annual report submitted by a PRO for compliance…
- § 42064 (a) (1) The environmental mitigation surcharge imposed by this section shall be collected annually by the California Department of Tax and Fee Administration…
- § 42064.01 (a) A person from whom the environmental mitigation surcharge imposed pursuant to Section 42064 is determined to be due by that section may petition for a…
- § 42065 (a) The department shall report to the Legislature every two years its progress in implementing this chapter, including, but not limited to, a description of…
- § 42067 (a) The department shall prepare one or more initial statewide needs assessments designed to determine the necessary steps and investment needed for covered…
ARTICLE 4. Producer Responsibility Advisory Board § 42070 · 1 section
- § 42070 (a) In implementing this chapter, the department shall establish a producer responsibility advisory board for the purpose of identifying barriers and solutions…
ARTICLE 5. Enforcement §§ 42080–42084 · 5 sections
- § 42080 (a) Failure to comply with the requirements of this chapter, including, but not limited to, failure by a PRO to implement and satisfy the requirements of its…
- § 42081 (a) (1) The department may issue a notice of violation to, and impose an administrative civil penalty not to exceed fifty thousand dollars ($50,000) per day…
- § 42082 (a) The department shall post on its internet website a list of covered material categories, including by material form if applicable, by producer, that are…
- § 42083 A producer may offer for sale, sell, distribute, or import covered material in a covered material category that does not meet the recycling rates established…
- § 42084 (a) If the department determines that a producer responsibility organization or producer has not achieved the targets established pursuant to Section 42050 or…
CHAPTER 3.5. Metallic Discards §§ 42160–42185 · 15 sections
ARTICLE 1. Definitions §§ 42160–42168 · 9 sections
- § 42160 The definitions in this article govern the construction of this chapter.
- § 42161 “Metallic discard” means any large metal article or product, or any part thereof, including, but not limited to, metal furniture, machinery, major appliances,…
- § 42162 “Salvage” means the controlled removal of metallic discards from the solid waste stream at a permitted solid waste facility for the express purpose of…
- § 42163 “Recycling residue” means nonhazardous residue or residue treated to be nonhazardous that is a direct result of metals recovery operations for the express…
- § 42164 “Solid waste landfill” means a solid waste landfill, as defined in Section 40195.1.
- § 42165 “Vehicle” means any device used for transportation. “Vehicle” includes bicycles, airplanes, and other transportation devices not used on highways, and…
- § 42166 “Major appliance” means any domestic or commercial device, including, but not limited to, a washing machine, clothes dryer, hot water heater, dehumidifier,…
- § 42167 “Materials that require special handling” means all of the following: (a) Sodium azide canisters in unspent airbags that are determined to be hazardous by…
- § 42168 “Solid waste facility” means a solid waste facility as defined in Section 40194.
ARTICLE 2. Disposal of Metallic Discard §§ 42170–42172 · 3 sections
- § 42170 (a) After January 1, 1994, no solid waste facility shall accept for disposal any major appliance, vehicle, or other metallic discard which contains enough…
- § 42171 The board shall evaluate the use of recycling residue for use as solid waste landfill cover materials or for use as extenders for currently used cover…
- § 42172 The board shall conduct its evaluation of recycling residue in consultation with the Department of Toxic Substances Control, the State Air Resources Board, the…
ARTICLE 3. Processing Metallic Discards §§ 42175–42175.1 · 2 sections
- § 42175 Materials that require special handling shall be removed from major appliances and vehicles in which they are contained prior to crushing for transport or…
- § 42175.1 (a) Any hazardous material that becomes a hazardous waste when released or removed from any major appliance shall be managed pursuant to Article 10.1…
ARTICLE 4. Fees and Surcharges for Recycling Residue § 42185 · 1 section
- § 42185 No city or county shall impose any fees, except facility operating fees, state-mandated fees, or fees pursuant to Sections 41901, 41902, 41903, and 43213, or…
CHAPTER 5. Compost Market Program §§ 42230–42246 · 12 sections
ARTICLE 1. Definitions §§ 42230–42231 · 2 sections
ARTICLE 2. Compost Market Program §§ 42240–42246 · 10 sections
- § 42240 The Department of General Services and the department, in consultation with other affected state agencies, shall maintain specifications for the purchase of…
- § 42241 The Department of Transportation shall use compost in place of, or to supplement, petroleum-based commercial fertilizers in the state’s highway landscape…
- § 42241.3 (a) On or before December 31, 2019, the department, in coordination with the Department of Transportation, shall do both of the following: (1) Identify best…
- § 42241.5 The department may develop a program to increase the use of compost products in agricultural applications. The program may include, but shall not be limited…
- § 42243 The Department of Forestry and Fire Protection, the Department of Parks and Recreation, and the Department of General Services shall initiate programs to…
- § 42243.5 On or before December 31, 2019, the department shall develop and implement a plan to maximize the use of compost for slope stabilization and for establishing…
- § 42244 The department shall evaluate compost, co-compost, and chemically fixed sewage sludge for use as solid waste landfill cover materials or for use as extenders…
- § 42244.5 On or before January 1, 1994, the board shall evaluate rice straw for use as a solid waste landfill cover material or for use as an extender for currently used…
- § 42245 Based on the results of the evaluation conducted in accordance with Section 42244, the department may, on a case-by-case basis, approve the use of compost,…
- § 42246 Any procuring agency that prepares a request for bid for commercial fertilizers or soil amendment products shall document its determination that the use of a…
CHAPTER 5.2. Single-Use Foodware Accessories and Condiments §§ 42270–42273 · 4 sections
- § 42270 For purposes of this chapter, the following definitions apply: (a) “Consumer” has the same meaning as in Section 113757 of the Health and Safety Code. (b)…
- § 42271 (a) Except as provided in subdivisions (c) and (d), a food facility, for on-premises dining or when using a third-party food delivery platform, shall not…
- § 42272 (a) On or before June 1, 2022, a city, county, or city and county shall authorize an enforcement agency to enforce this chapter. (b) The first and second…
- § 42273 This chapter does not apply to any of the following: (a) Correctional institutions, which has the same meaning as in Section 7502 of the Penal Code. (b) Health…
CHAPTER 5.3. Single-Use Carryout Bags §§ 42279–42288 · 10 sections
ARTICLE 1. Legislative Findings and Declarations § 42279 · 1 section
- § 42279 (a) The Legislature finds and declares both of the following: (1) In November 2016, voters approved Proposition 67, a statewide referendum to uphold Senate…
ARTICLE 1.5. Definitions § 42280 · 1 section
- § 42280 For purposes of this chapter, the following definitions apply: (a) (1) “Carryout bag” means a bag of plastic, paper, or other material that is provided by a…
ARTICLE 2. Reusable Grocery Bags § 42281.2 · 1 section
- § 42281.2 (a) On and after January 1, 2025, a store, as defined in Section 42280, shall not provide a precheckout bag to a customer if the bag is not one of the…
ARTICLE 3. Single-Use Carryout Bags §§ 42283–42284 · 4 sections
- § 42283 (a) Except as provided in subdivisions (b) and (c), a store shall not provide, distribute, or sell a carryout bag at the point of sale. (b) (1) A store may…
- § 42283.5 (a) A store, as defined in paragraph (5) of subdivision (f) of Section 42280, shall comply with the same requirements of Section 42283 that are imposed upon a…
- § 42283.7 All moneys collected pursuant to this article shall be retained by the store and may be used only for the following purposes: (a) Costs associated with…
- § 42284 (a) A retail establishment not specifically required to comply with the requirements of this chapter is encouraged to reduce its distribution of carryout bags.…
ARTICLE 4. Enforcement § 42285 · 1 section
- § 42285 (a) A city, a county, a city and county, or the state may impose civil liability on a person or entity that knowingly violated this chapter, or reasonably…
ARTICLE 5. Preemption § 42287 · 1 section
- § 42287 (a) Except as provided in subdivision (c), this chapter is a matter of statewide interest and concern and is applicable uniformly throughout the state.…
ARTICLE 6. Financial Provisions § 42288 · 1 section
- § 42288 (a) Notwithstanding Section 42023.2, the sum of two million dollars ($2,000,000) is hereby appropriated from the Recycling Market Development Revolving Loan…
CHAPTER 5.4. Plastic Trash Bags §§ 42290–42298 · 11 sections
- § 42290 For purposes of this chapter, the following terms have the following meaning: (a) “Manufacturer” means a person who manufactures plastic trash bags for sale in…
- § 42290.5 To encourage waste diversion of polyethylene from California landfills as well as to encourage California’s postconsumer market development, it is the intent…
- § 42291 (a) Until January 1, 1998, every manufacturer that manufactures plastic trash bags of 0.75 mil or greater thickness for sale in this state shall ensure that at…
- § 42291.5 For each pound of recycled plastic postconsumer material purchased from a source of recycled plastic postconsumer material in this state for use in the…
- § 42292 Each manufacturer shall obtain from its suppliers of recycled plastic postconsumer material for use in the manufacture of plastic trash bags, or other products…
- § 42293 (a) On or before March 1, 1999, and annually thereafter, each manufacturer subject to this chapter shall submit a report to the board certifying that it has…
- § 42294 (a) Every wholesaler of plastic trash bags of 1.0 mil or greater thickness sold in this state shall certify to the board the name and physical location of each…
- § 42295 Each supplier, manufacturer, and wholesaler required to provide a certification or any information pursuant to this chapter shall be subject to audit by the…
- § 42296 (a) If any supplier provides a manufacturer with false or misleading information, the board, within 30 days of determining that fact, shall refer the false or…
- § 42297 (a) The board may adopt such regulations as it determines are necessary to more specifically define terms for purposes of the chapter and to otherwise…
- § 42298 A plastic bag that is labeled with a term specified in subdivision (a) of Section 42357 and that meets the current ASTM standard specified for that term, as…
CHAPTER 5.5. Plastic Packaging Containers §§ 42300–42345 · 17 sections
ARTICLE 1. Legislative Findings and Definitions §§ 42300–42301 · 2 sections
- § 42300 The Legislature finds and declares all of the following: (a) Recycling rigid plastic packaging containers saves landfill space, reduces energy consumption, and…
- § 42301 For purposes of this chapter, the following definitions apply: (a) “Container manufacturer” means a company or a successor company that sells any rigid plastic…
ARTICLE 2. Manufacturing §§ 42310–42310.3 · 4 sections
- § 42310 Except as otherwise provided in this chapter, every rigid plastic packaging container sold or offered for sale in this state shall, on average, meet one of the…
- § 42310.1 (a) Until January 1, 1997, the criteria specified in Section 42310 shall not apply to any rigid plastic packaging container that is manufactured for use with…
- § 42310.2 (a) On or before July 1, 1994, as part of the regulations required to be adopted pursuant to Section 42325, the board shall adopt regulations to carry out the…
- § 42310.3 (a) Notwithstanding Section 42310, a manufacturer is in compliance with this chapter if the manufacturer demonstrates through its own actions, or the actions…
ARTICLE 3. Penalties, Regulations, and Report §§ 42320–42327 · 8 sections
- § 42320 Any entity required to make a certification pursuant to this chapter may be audited by the board.
- § 42321 If any entity provides the board with a false or misleading certificate pursuant to this chapter, the board, within 30 days of making this determination, shall…
- § 42321.5 (a) A container manufacturer who sells a rigid plastic packaging container to a manufacturer and who submits a certification to the manufacturer, for purposes…
- § 42322 (a) Any violation of this chapter is a public offense punishable by a fine of not more than one hundred thousand dollars ($100,000). (b) In addition to the…
- § 42323 Proprietary information included in part of a report or certificate submitted to the board pursuant to this chapter shall not be made available to the general…
- § 42325 The board shall adopt regulations to implement this chapter. These regulations shall include, but shall not be limited to, all of the following: (a) Procedures…
- § 42326 In developing the regulations required by Section 42325, the board shall consult with representatives of the manufacturers affected by this chapter, with…
- § 42327 The board may expend funds from the Integrated Waste Management Account to implement this chapter, upon appropriation by the Legislature.
ARTICLE 4. Waivers § 42330 · 1 section
- § 42330 (a) The board shall grant a waiver from the postconsumer material content requirement of subdivision (a) of Section 42310, but not from any other requirement…
ARTICLE 5. Exemptions §§ 42340–42345 · 2 sections
- § 42340 The following rigid plastic packaging containers are exempt from this chapter: (a) Rigid plastic packaging containers produced in or out of the state which are…
- § 42345 Any extension of time for manufacturers to comply with Section 42310, beyond that which is granted pursuant to Section 42310.1 for the rigid plastic packaging…
CHAPTER 5.6. Plastic Ring Devices § 42350 · 1 section
- § 42350 (a) For the purposes of this section, “degradable” means all of the following: (1) Biodegradation, photodegradation, chemodegradation, or degradation by other…
CHAPTER 5.7. Products §§ 42355–42358.5 · 11 sections
- § 42355 The Legislature finds and declares all of the following: (a) Littered plastic products have caused and continue to cause significant environmental harm and…
- § 42355.5 (a) The Legislature finds and declares that it is the public policy of the state that environmental marketing claims, whether explicit or implied, should be…
- § 42355.51 (a) A person shall not offer for sale, sell, distribute, or import into the state any product or packaging for which a deceptive or misleading claim about the…
- § 42356 For purposes of this chapter, the following definitions apply: (a) “ASTM” means the ASTM International. (b) (1) “ASTM standard specification” means either of…
- § 42356.1 (a) If an ASTM standard specification specified in paragraph (1) of subdivision (b) of Section 42356 is subsequently revised, the department shall review the…
- § 42356.2 The department may adopt an existing standard different from an ASTM standard specification, as described in paragraph (1) of subdivision (b) of Section 42356,…
- § 42357 (a) (1) Except as provided in paragraph (3), a person shall not sell or offer for sale a product in this state that is labeled with the term “compostable” or…
- § 42357.5 (a) A manufacturer of a compostable plastic bag meeting an ASTM standard specification specified in paragraph (1) of subdivision (b) of Section 42356 or…
- § 42357.6 (a) For purposes of this section, “plastic food container product” means a product made of plastic that includes a tray, clamshell container, or other…
- § 42358 (a) A city, a county, or the state may impose civil liability in the amount of five hundred dollars ($500) for the first violation of this chapter, one…
- § 42358.5 This chapter shall become operative on January 1, 2013.
CHAPTER 5.9. Plastic Microbeads Nuisance Prevention Law §§ 42360–42366 · 6 sections
- § 42360 The Legislature finds and declares all of the following: (a) Plastic does not biodegrade into elements or compounds commonly found in nature like other organic…
- § 42361 As used in this chapter, the following terms have the following meanings: (a) “Person” means an individual, business, or other entity. (b) (1) “Personal care…
- § 42362 On and after January 1, 2020, a person shall not sell or offer for promotional purposes in this state any personal care products containing plastic microbeads…
- § 42363 Section 42362 shall not apply to a person that sells or offers for promotional purposes a personal care product containing plastic microbeads in an amount less…
- § 42364 (a) A person who violates or threatens to violate Section 42362 may be enjoined in any court of competent jurisdiction. (b) (1) A person who has violated…
- § 42366 This chapter does not alter or diminish any legal obligation otherwise required in common law or by statute or regulation, and this chapter does not create or…
CHAPTER 6. Sustainable Packaging for the State of California Act of 2018 §§ 42370–42370.7 · 8 sections
- § 42370 This chapter shall be known, and may be cited, as the Sustainable Packaging for the State of California Act of 2018.
- § 42370.1 For purposes of this chapter, the following terms have the following meanings: (a) “Beverage container” has the same meaning as defined in Section 14505. (b)…
- § 42370.2 (a) (1) On or before January 1, 2021, the department shall adopt regulations to establish a process, and develop criteria, for determining the types of food…
- § 42370.3 (a) The department shall develop a list of approved types of food service packaging that may be used by food service facilities and publish the list on its…
- § 42370.4 (a) On and after the date the list of approved types of food service packaging is published pursuant to Section 42370.3, and except as provided in subdivision…
- § 42370.5 (a) In order to ensure compliance with this chapter, a food service facility shall provide, upon request by the department, reasonable and timely access, as…
- § 42370.6 (a) The Department of General Services or any state agency that is entering into a contract or agreement or amending an existing contract or agreement with a…
- § 42370.7 This chapter does not preempt the authority of a city, county, or city and county to adopt and enforce additional takeout food packaging ordinances,…
CHAPTER 6.1. Small Plastic Bottles § 42372 · 1 section
- § 42372 (a) For purposes of this section, the following definitions shall apply: (1) “Hosted rental” means a house, apartment, or other livable space where the person…
CHAPTER 6.5. Expanded Polystyrene Loosefill Packaging § 42390 · 1 section
- § 42390 (a) For purposes of this chapter, the following definitions shall apply: (1) “Manufacturer” means a person who manufactures expanded polystyrene loosefill…
CHAPTER 6.6. Reusable or Refillable Propane Cylinders §§ 42395–42395.2 · 3 sections
- § 42395 (a) For purposes of this chapter, “reusable” or “refillable” or “reuse” or “refill,” in regard to propane cylinders means a cylinder that satisfies all of the…
- § 42395.1 On and after January 1, 2028, only reusable or refillable propane cylinders shall be sold or offered for sale in this state.
- § 42395.2 The department shall adopt regulations to implement this chapter with an effective date of January 1, 2028.
CHAPTER 7. Retreaded Tire Program §§ 42400–42416 · 9 sections
ARTICLE 1. Definitions §§ 42400–42401 · 2 sections
ARTICLE 2. Retreaded Tire Program §§ 42410–42416 · 7 sections
- § 42410 The board shall evaluate current state and federal quality standards for retreaded tires and identify the obstacles for an increased market for retreads. The…
- § 42411 The Department of General Services and the board, in consultation with representatives of the California retreading industry, shall adopt specifications for…
- § 42412 On or before July 1, 1991, and to the extent that existing stock shall be utilized first, all tires for use on state vehicles issued for short-term use through…
- § 42413 Emergency vehicles, as defined in Section 165 of the California Vehicle Code are exempt from this provision.
- § 42414 The number of retreaded tires purchased annually by the Department of General Services during each fiscal year shall be tabulated and forwarded to the board by…
- § 42415 The board, in consultation with the Department of General Services, shall perform a study to determine if the retreads, procured by the Department of General…
- § 42416 On or before July 1, 1991, the board shall, in consultation with the retreading industry, develop a procedure to estimate the number of retreads sold in…
CHAPTER 7.5. Responsible Battery Recycling Act of 2022 §§ 42420–42428 · 26 sections
ARTICLE 1. General Provisions §§ 42420–42420.4 · 5 sections
- § 42420 This chapter shall be known, and may be cited, as the Responsible Battery Recycling Act of 2022.
- § 42420.1 For purposes of this chapter, the following terms have the following meanings: (a) “Brand” means a trademark, including both a registered trademark and an…
- § 42420.2 The department, acting in accordance with Article 1 (commencing with Section 11340) to Article 8 (commencing with Section 11350), inclusive, of the…
- § 42420.3 (a) The department may adjust, through regulations adopted by the department, the minimum required collection sites, pursuant to subdivision (d) of Section…
- § 42420.4 (a) (1) A program operator shall include as a collection site under its stewardship program any entity that offers in writing to participate in the stewardship…
ARTICLE 2. Program Operators for Covered Batteries §§ 42421–42421.2 · 2 sections
- § 42421 (a) No later than 180 days after the effective date of this chapter, individual producers shall provide to the department, in a form and manner established by…
- § 42421.2 (a) Producers may establish one or more stewardship organizations composed of producers to develop and implement a covered battery recycling program. (b) (1) A…
ARTICLE 3. Stewardship Plans for Covered Batteries §§ 42422–42422.6 · 6 sections
- § 42422 Within 12 months of the effective date of the regulations adopted by the department pursuant to Section 42420.2, a program operator shall develop and submit to…
- § 42422.1 A stewardship plan for covered batteries shall include all of the following: (a) The names of producers, as defined in subdivision (j) of Section 42420.1, and…
- § 42422.3 (a) A program operator shall review its stewardship plan at least every five years after the stewardship plan approval, and determine whether revisions to the…
- § 42422.4 (a) In preparing a stewardship plan pursuant to Section 42422.1, and any updates to the plan pursuant to Section 42422.3, a program operator shall engage in a…
- § 42422.5 (a) (1) At least 150 days before submitting a stewardship plan to the department, a program operator shall submit its entire proposed stewardship plan to the…
- § 42422.6 (a) Within 12 months of the approval of the stewardship plan, the department pursuant to Section 42422.5, a program operator shall fully implement its…
ARTICLE 4. Financial Provisions §§ 42423–42423.1 · 2 sections
- § 42423 (a) No later than 90 days before a budget is submitted to the Department of Toxic Substances Control, the department and the Department of Toxic Substances…
- § 42423.1 Each producer shall, either individually or through a stewardship organization, pay all administrative and operational costs associated with establishing and…
ARTICLE 5. Records, Audits, and Reports for Covered Batteries §§ 42424–42424.4 · 3 sections
- § 42424 (a) A program operator shall keep board minutes, books, and records that clearly reflect the activities and transactions of the program operator. (b) A program…
- § 42424.1 A program operator shall annually submit to the department, in the form and manner, and by the date, determined by the department, an annual report, which the…
- § 42424.4 (a) No later than 120 days after the date the department receives the annual report submitted by a program operator pursuant to Section 42424.1, the department…
ARTICLE 6. Enforcement §§ 42425–42425.4 · 5 sections
- § 42425 (a) Within 24 months of the effective date of regulations pursuant to Section 42420.2, and on or before July 1 of each year thereafter, the department shall…
- § 42425.1 (a) The department may impose an administrative civil penalty on a producer, program operator, stewardship organization, manufacturer, distributor, retailer,…
- § 42425.2 (a) Upon a written finding that a producer, program operator, stewardship organization, manufacturer, distributor, retailer, importer, recycler, or collection…
- § 42425.3 (a) A producer, program operator, stewardship organization, manufacturer, distributor, retailer, importer, recycler, or collection site shall do both of the…
- § 42425.4 After the time for judicial review under Section 11523 of the Government Code has expired, the department may apply to the small claims court or superior…
ARTICLE 7. Antitrust Immunity § 42426 · 1 section
- § 42426 (a) Except as provided in subdivision (c), an action specified in subdivision (b) that is taken by a program operator that relates to any of the following is…
ARTICLE 8. Preemption and Interstate Collaboration §§ 42427–42428 · 2 sections
- § 42427 (a) This chapter preempts all rules, regulations, codes, ordinances, and other laws adopted by a city, county, city and county, municipality, or local agency…
- § 42428 If another state implements a covered battery recycling program, a program operator may, consistent with the requirements of this chapter, collaborate with…
CHAPTER 8. Recycled Battery Programs §§ 42440–42450.5 · 6 sections
ARTICLE 1. Lead-Acid Battery Program §§ 42440–42443 · 4 sections
- § 42440 For the purposes of this chapter, “lead-acid battery” means any battery which is primarily composed of both lead and sulfuric acid, with a capacity of six…
- § 42441 “Recycled lead-acid battery” means any lead-acid battery which contains a minimum percentage of postconsumer recovered lead. The required minimum percentage of…
- § 42442 On or before January 1, 1991, all lead-acid batteries purchased by any state agency for, and, at the next required installation of a battery in, an automobile…
- § 42443 The number of recycled lead-acid batteries purchased each year by the Department of General Services shall be tabulated and forwarded to the board on or before…
ARTICLE 2. Household Battery Program § 42450 · 1 section
- § 42450 (a) The board may conduct a study on the disposal and recyclability of household batteries, taking into account any studies completed or underway elsewhere,…
ARTICLE 3. Lithium-Ion Batteries § 42450.5 · 1 section
- § 42450.5 (a) For purposes of this section, the following definitions apply: (1) “Automobile dismantler” has the same definition as in Section 220 of the Vehicle Code.…
CHAPTER 8.4. Rechargeable Battery Recycling Act of 2006 §§ 42451–42457 · 6 sections
ARTICLE 1. General Provisions § 42451 · 1 section
- § 42451 (a) This chapter shall be known, and may be cited, as the Rechargeable Battery Recycling Act of 2006. (b) The Legislature finds and declares all of the…
ARTICLE 2. Definitions § 42452 · 1 section
- § 42452 For the purposes of this chapter, the following terms have the following meanings, unless the context clearly requires otherwise: (a) “Consumer” means a…
ARTICLE 3. Rechargeable Battery Recycling §§ 42453–42454 · 2 sections
- § 42453 (a) (1) On and after July 1, 2006, every retailer shall have in place a system for the acceptance and collection of used rechargeable batteries for reuse,…
- § 42454 On and after July 1, 2006, it is unlawful for a retailer to sell a rechargeable battery to a consumer unless the retailer complies with this chapter.
ARTICLE 4. Annual Return Data § 42456 · 1 section
- § 42456 (a) On or before July 1, 2007, and each July 1 thereafter, the department shall survey battery handling or battery recycling facilities, or both, for the data…
ARTICLE 5. Repeal § 42457 · 1 section
- § 42457 This chapter shall become inoperative on September 30, 2026, and, as of January 1, 2027, is repealed.
CHAPTER 8.5. Electronic Waste Recycling §§ 42460–42486 · 34 sections
ARTICLE 1. General Provisions §§ 42460–42461.5 · 3 sections
- § 42460 This act shall be known, and may be cited, as the Electronic Waste Recycling Act of 2003.
- § 42461 The Legislature finds and declares all of the following: (a) The purpose of this chapter is to enact a comprehensive and innovative system for the reuse,…
- § 42461.5 (a) The Legislature finds and declares that the changes made by this act of the 2011–12 Regular Session of the Legislature to subdivision (h) of Section 42461,…
ARTICLE 2. Definitions § 42463 · 1 section
- § 42463 For purposes of this chapter, the following terms have the following meanings, unless the context clearly requires otherwise: (a) “Account” means the…
ARTICLE 3. Covered Electronic Waste Recycling Fees and Covered Battery-Embedded Waste Recycling Fees §§ 42464–42464.8 · 6 sections
- § 42464 (a) On and after January 1, 2005, or as otherwise provided by Section 25214.10.1 of the Health and Safety Code, a consumer shall pay a covered electronic waste…
- § 42464.2 CDTFA shall collect the covered electronic waste recycling fee and the covered battery-embedded waste recycling fee pursuant to the Fee Collection Procedures…
- § 42464.3 CalRecycle and DTSC may share information provided pursuant to this article with CDTFA, upon request, as necessary to administer and enforce the covered…
- § 42464.4 (a) The covered electronic waste recycling fee and the covered battery-embedded waste recycling fee shall be due and payable quarterly on or before the last…
- § 42464.6 (a) CDTFA shall not accept or consider a petition for redetermination of fees determined under this chapter if the petition is founded upon the grounds that an…
- § 42464.8 Notwithstanding Section 55381 of the Revenue and Taxation Code, CDTFA may disclose the name, address, account number, and account status of a person registered…
ARTICLE 4. Manufacturer Responsibility §§ 42465–42467 · 7 sections
- § 42465 On and after the date specified in subdivision (a) of, and paragraph (1) of subdivision (b) of, Section 42464, a person shall not sell a new or refurbished…
- § 42465.1 On and after January 1, 2005, or as specified otherwise in Section 25214.10.1 of the Health and Safety Code, a person shall not sell or offer for sale in this…
- § 42465.2 (a) On or before July 1, 2005, or as specified otherwise in Section 25214.10.1 of the Health and Safety Code, and at least once annually thereafter as…
- § 42465.3 A manufacturer of a covered electronic device, as defined in subparagraph (A) of paragraph (1) of subdivision (g) of Section 42463, shall comply with the…
- § 42466.1 (a) On and after January 1, 2026, a person shall not sell or offer for sale in this state a new or refurbished covered electronic device, as defined in…
- § 42466.2 (a) A manufacturer of a “covered electronic device,” as defined in subparagraph (B) of paragraph (1) of subdivision (g) of Section 42463, shall send a notice…
- § 42467 (a) On or before July 1, 2027, and at least once annually thereafter, each manufacturer of a covered electronic device, as defined in subparagraph (B) of…
ARTICLE 5. Administration §§ 42472–42475.4 · 8 sections
- § 42472 (a) The imposition of a covered electronic waste recycling fee is a matter of statewide interest and concern and is applicable uniformly throughout the state.…
- § 42473 The Legislature declares that the imposition of a covered electronic waste recycling fee would not result in the imposition of a tax within the meaning of…
- § 42474 (a) Civil liability in an amount of up to two thousand five hundred dollars ($2,500) per offense may be administratively imposed by CalRecycle for each sale of…
- § 42474.5 Notwithstanding any other law, this chapter and all regulations adopted pursuant to this chapter may be enforced by DTSC pursuant to Chapter 6.5 (commencing…
- § 42475 (a) CalRecycle shall administer and enforce this chapter in consultation with DTSC. (b) CalRecycle and DTSC may adopt regulations pursuant to Chapter 3.5…
- § 42475.2 (a) CalRecycle and DTSC may each adopt regulations to implement and enforce this chapter as emergency regulations. (b) The emergency regulations adopted…
- § 42475.3 CalRecycle, in collaboration with DTSC, shall convene a covered electronic waste working group comprised of representatives from manufacturers of covered…
- § 42475.4 (a) CalRecycle shall annually establish, and update as necessary, statewide recycling goals for covered electronic waste. In implementing this section,…
ARTICLE 6. Financial Provisions §§ 42476–42479 · 6 sections
- § 42476 (a) (1) The Electronic Waste Recovery and Recycling Account is hereby established in the Integrated Waste Management Fund. All covered electronic waste…
- § 42476.5 A person who exports covered electronic waste, or a covered electronic device intended for recycling or disposal, to a foreign country, or to another state for…
- § 42476.6 Section 42476.5 does not apply to a component part of a covered electronic device that is exported to an authorized collector or recycler and that is reused or…
- § 42477 (a) On July 1, 2004, or as specified otherwise in Section 25214.10.1 of the Health and Safety Code, and on July 1 of each year thereafter, CalRecycle, in…
- § 42478 (a) (1) Except as provided in paragraph (2), on July 1, 2004, or as specified otherwise in Section 25214.10.1 of the Health and Safety Code, and on July 1 of…
- § 42479 (a) (1) For covered electronic waste, resulting from discarded covered electronic devices, as defined in subparagraph (A) of paragraph (1) of subdivision (g)…
ARTICLE 7. State Agency Procurement § 42480 · 1 section
- § 42480 (a) (1) A state agency that purchases or leases covered electronic devices shall require each prospective bidder, to certify that it, and its agents,…
ARTICLE 8. Inapplicability of Chapter §§ 42485–42486 · 2 sections
- § 42485 Except as provided in subdivision (b) of Section 42486, CalRecycle and DTSC shall not implement this chapter if either of the following occur: (a) A federal…
- § 42486 (a) Except as provided in subdivision (b), the provisions of this chapter shall become inoperative on the date that either of the events described in…
CHAPTER 8.6. Right to Repair Act §§ 42488–42488.3 · 4 sections
- § 42488 This chapter shall be known, and may be cited, as the Right to Repair Act.
- § 42488.1 It is the intent of the Legislature to provide a fair marketplace for the repair of electronic and appliance products and to prohibit intentional barriers and…
- § 42488.2 (a) Notwithstanding any other law, every manufacturer of an electronic or appliance product with a wholesale price to the retailer, or to others outside of…
- § 42488.3 (a) (1) A city, a county, a city and county, or the state may bring an action in superior court to impose civil liability on a person or entity that knowingly…
CHAPTER 8.7. Cell Phone Recycling Act of 2004 §§ 42490–42499.5 · 9 sections
ARTICLE 1. General Provisions §§ 42490–42490.1 · 2 sections
ARTICLE 2. Definitions § 42493 · 1 section
- § 42493 For the purposes of this chapter, the following terms have the following meanings, unless the context clearly requires otherwise: (a) “Cell phone” means a…
ARTICLE 3. Cell Phone Recycling §§ 42494–42495 · 2 sections
- § 42494 (a) On and after July 1, 2006, every retailer of cell phones sold in this state shall have in place a system for the acceptance and collection of used cell…
- § 42495 On and after July 1, 2006, it is unlawful to sell a cell phone to a consumer in this state unless the retailer of that cell phone complies with this chapter.
ARTICLE 4. Statewide Recycling Goals § 42496.4 · 1 section
- § 42496.4 On July 1, 2007, and each July 1, thereafter, the department shall post on its Web site an estimated California recycling rate for cell phones, the numerator…
ARTICLE 5. State Agency Procurement § 42498 · 1 section
- § 42498 (a) (1) A state agency that purchases or leases cell phones shall require each prospective bidder, to certify that it, and its agents, subsidiaries, partners,…
ARTICLE 6. Effect of Act § 42499 · 1 section
- § 42499 This chapter shall not be construed to affect Chapter 6.5 (commencing with Section 25100) of Division 20 of the Health and Safety Code, any regulation adopted…
ARTICLE 7. Repeal § 42499.5 · 1 section
- § 42499.5 This chapter shall become inoperative on September 30, 2027, and, as of January 1, 2028, is repealed.
CHAPTER 9. Technical Assistance Program §§ 42500–42540 · 6 sections
ARTICLE 1. Enforcement Agency Training and Assistance §§ 42500–42501 · 2 sections
- § 42500 The board shall provide periodic training to enforcement agencies regarding changes in state or federal regulations, new technologies affecting solid waste…
- § 42501 (a) The board shall provide ongoing technical assistance and guidance to enforcement agencies to assist in their decisionmaking processes. This assistance…
ARTICLE 2. Nonyard Wood Waste Disposal Minimization §§ 42510–42511 · 2 sections
- § 42510 It is the intent of the Legislature that actions taken by the department and cities and counties pursuant to this article serve in the best interests of cities…
- § 42511 The board shall assist cities and counties to divert nonyard wood wastes which cannot otherwise feasibly be reduced, recycled, or composted, for processing and…
ARTICLE 3. Plastic Recycling Assistance § 42520 · 1 section
- § 42520 The board shall establish a Plastics Recycling Information Clearinghouse. This clearinghouse shall provide information to postconsumer plastics collectors,…
ARTICLE 5. City and County Integrated Waste Management Plans § 42540 · 1 section
- § 42540 The board shall provide technical assistance to counties and cities to assist in development, revision, amendment, and implementation of local city source…
CHAPTER 9.5. Telephone Directory Recycling §§ 42550–42558 · 8 sections
ARTICLE 1. Telephone Directory Recycling Goals §§ 42550–42556 · 6 sections
- § 42550 For purposes of this chapter, “telephone directory” means a directory which lists the calling numbers of telephones located in this state of which 1,000 or…
- § 42551 The board shall conduct a study of the feasibility of requiring that all telephone directories issued or sold in this state be made of materials that will…
- § 42553 Article 2 (commencing with Section 42557) shall become operative only if the report required in former Section 42552, as added by Chapter 1066 of the Statutes…
- § 42554 It is the goal of this state that not less than 30 percent of telephone directories distributed in this state be recycled on and after January 1, 1994, that 35…
- § 42555 If the board determines that the policy goals established by Section 42554 are not being met by January 1, 1995, the board shall make recommendations to the…
- § 42556 If the board determines that the policy goals established by Section 42554 are not being met by January 1, 1999, the board shall make recommendations to the…
ARTICLE 2. Recyclable Telephone Directories §§ 42557–42558 · 2 sections
- § 42557 On and after January 1, 1995, all telephone directories distributed within the state shall be made from materials that will allow for the maximum volume of…
- § 42558 For the purposes of implementing and enforcing this chapter, the board shall adopt general guidelines regarding the materials which may be used in the…
CHAPTER 10. Office Paper Recovery Program §§ 42560–42562 · 3 sections
- § 42560 “Recycled-content high grade, bleached printing and writing papers” means any of the following papers: (a) Offset printing, mimeograph, and duplicator paper.…
- § 42561 On or before January 1, 1991, the board shall initiate a high grade white office paper recovery assistance program for state and local agencies and private…
- § 42562 The high grade white office paper recovery assistance program shall include the following elements: (a) Staff training materials designed to provide training…
CHAPTER 12. Public Information and Education §§ 42600–42605 · 5 sections
- § 42600 The board shall establish a statewide public information and education program to encourage participation by the general public, business, government, and…
- § 42601 The board shall measure public information program effectiveness through research which establishes program benchmarks and tracks results. The results of that…
- § 42602 The board shall employ appropriate marketing techniques to disseminate its message, including radio and television advertising. The board may conduct paid…
- § 42604 On or before January 1, 1993, the State Board of Education shall include in the science framework appropriate language addressing the issue of integrated waste…
- § 42605 The State Department of Education shall encourage participation in the integrated waste management education program established pursuant to this chapter in…
CHAPTER 12.5. Schoolsite Source Reduction and Recycling §§ 42620–42622 · 3 sections
- § 42620 (a) The Legislature finds as follows: (1) There are 1,029 school districts and 7,170 schools in California. (2) Source reduction and recycling programs in the…
- § 42621 The board shall develop and implement a source reduction and recycling program for school districts which shall include, but not be limited to, all of the…
- § 42622 The source reduction and recycling program for school districts developed pursuant to Section 42621 shall, to the extent feasible, be designed to complement…
CHAPTER 12.6. Schoolsite Source Reduction and Recycling Assistance Program §§ 42630–42647 · 9 sections
ARTICLE 1. Legislative Findings § 42630 · 1 section
- § 42630 (a) It is the intent of the Legislature, by enacting this chapter, to accomplish all of the following: (1) Every school district and schoolsite in this state…
ARTICLE 2. Definitions § 42635 · 1 section
- § 42635 For purposes of this chapter, the following definitions shall apply: (a) “Environmentally preferable product” means a product that promotes healthy indoor…
ARTICLE 3. Diversion § 42638 · 1 section
- § 42638 Each school district and office may coordinate with local agencies to implement solid waste management programs to maximize the diversion of solid waste from…
ARTICLE 4. Models and School Waste Reduction Tools § 42640 · 1 section
- § 42640 (a) On or before July 1, 2002, after researching and determining the best waste reduction practices for school districts and schoolsites, the board shall…
ARTICLE 5. Training, Assistance, and Information §§ 42641–42642 · 2 sections
- § 42641 The board shall provide training and ongoing technical and informational assistance to local agencies, offices, schools, and school districts on implementing…
- § 42642 The Division of the State Architect, in consultation with the board, shall develop and maintain on its Web site, a list of environmentally preferable products…
ARTICLE 6. Grants §§ 42645–42647 · 3 sections
- § 42645 (a) The board, in consultation with the State Department of Education and the State Board of Education, shall establish a program to provide grants to school…
- § 42646 On or before January 1, 2004, the board shall evaluate the implementation of school waste reduction and recycling programs in the state’s schools and if the…
- § 42647 The board may enter into an interagency agreement with the State Department of Education or other state agencies to implement this chapter, Part 4 (commencing…
CHAPTER 12.7. Large Venue Recycling §§ 42648–42648.7 · 8 sections
- § 42648 For purposes of this chapter, the following definitions apply: (a) “Individual” means a person who works at, or attends, a large venue or large event, or a…
- § 42648.1 On or before April 1, 2005, the board shall take all of the following actions: (a) Make available one or more model ordinances that are suitable for…
- § 42648.2 (a) (1) On and after July 1, 2005, when issuing a permit to an operator of a large venue or large event, the local agency shall provide information to the…
- § 42648.3 On or before July 1, 2005, and on or before July 1 annually thereafter, each operator of a large venue or large event shall submit to the local agency, upon…
- § 42648.4 On or before July 1, 2005, and on or before July 1, biennially thereafter, the operator of a large venue or large event shall meet with recyclers and with the…
- § 42648.5 The board shall provide technical assistance and tools to implement this chapter, to the extent feasible under existing financial resources. This technical…
- § 42648.6 If a large venue or large event has contiguous parcels located in both the City of Los Angeles and the County of Los Angeles, the requirements of this chapter…
- § 42648.7 A local agency may charge and collect a fee from an operator of a large venue or large event in order to recover the local agency’s estimated costs incurred in…
CHAPTER 12.8. Recycling of Commercial Solid Waste §§ 42649–42649.7 · 8 sections
- § 42649 (a) It is the intent of the Legislature to require businesses to recycle solid waste that they generate. (b) It is the intent of the Legislature to allow…
- § 42649.1 For purposes of this chapter, the following definitions apply: (a) “Business” means a commercial or public entity, including, but not limited to, a firm,…
- § 42649.2 (a) A business that generates four cubic yards or more of commercial solid waste per week or is a multifamily residential dwelling of five units or more shall…
- § 42649.3 (a) On and after July 1, 2012, each jurisdiction shall implement a commercial solid waste recycling program appropriate for that jurisdiction designed to…
- § 42649.4 (a) If a jurisdiction adds or expands a commercial solid waste recycling program to meet the requirements of Section 42649.3, the jurisdiction shall not be…
- § 42649.5 (a) This chapter does not limit the authority of a local agency to adopt, implement, or enforce a local commercial solid waste recycling requirement that is…
- § 42649.6 A local agency may charge and collect a fee from a commercial waste generator in order to recover the local agency’s costs incurred in complying with this…
- § 42649.7 If the State Air Resources Board adopts regulations for commercial recycling prior to the effective date of the act of the 2011–12 Regular Session of the…
CHAPTER 12.9. Recycling of Organic Waste §§ 42649.8–42649.86 · 7 sections
- § 42649.8 For purposes of this chapter, the following definitions apply: (a) “Business” means a commercial or public entity, including, but not limited to, a firm,…
- § 42649.81 (a) (1) A business that generates four cubic yards or more of commercial solid waste, as defined in Section 42649.1, per week, shall arrange for recycling…
- § 42649.82 (a) (1) In addition to the requirements of Section 42649.3, each jurisdiction shall implement an organic waste recycling program that is appropriate for that…
- § 42649.83 (a) If a jurisdiction adds or expands an organic waste recycling program to meet the requirements of Section 42649.82, the jurisdiction shall not be required…
- § 42649.84 (a) This chapter does not limit the authority of a local governmental agency to adopt, implement, or enforce a local organic waste recycling requirement, or a…
- § 42649.85 A local governmental agency may charge and collect a fee from an organic waste generator to recover the local governmental agency’s costs incurred in complying…
- § 42649.86 (a) The department shall identify and recommend actions to address, with regard to both state agencies and the federal government, the permitting and siting…
CHAPTER 13. Research and Development Program §§ 42650–42651 · 2 sections
- § 42650 The board may establish a research and development program, based on priorities that are consistent with Section 40051, and designed to identify, develop, and…
- § 42651 In determining the types of research and development which may be undertaken pursuant to Section 42650, the board shall prioritize the allocation of funds for…
CHAPTER 13.1. Short-Lived Climate Pollutants §§ 42652–42656 · 9 sections
- § 42652 The Legislature finds and declares all of the following: (a) The organic disposal reduction targets are essential to achieving the statewide recycling goal…
- § 42652.5 (a) The department, in consultation with the State Air Resources Board, shall adopt regulations to achieve the organic waste reduction goals for 2020 and 2025…
- § 42652.6 Paragraph (5) of subdivision (h) of Section 18993.1 of Title 14 of the California Code of Regulations, as that section read on January 1, 2022, does not apply…
- § 42652.7 Article 10 (commencing with Section 18991.1) of Chapter 12 of Division 7 of Title 14 of the California Code of Regulations does not apply to an agricultural…
- § 42652.8 (a) Notwithstanding any other law or regulation, a local jurisdiction that does not qualify for a waiver pursuant to subdivision (a), (c), or (d) of Section…
- § 42653 (a) No later than July 1, 2020, the department, in consultation with the State Air Resources Board, shall analyze the progress that the waste sector, state…
- § 42654 This chapter shall not limit the authority of a local jurisdiction to adopt, implement, or enforce requirements in addition to those set forth in the…
- § 42655 (a) The department, in consultation with the State Air Resources Board, shall assist local jurisdictions in complying with the requirements of this chapter,…
- § 42656 (a) By January 1, 2027, the Department of Resources Recycling and Recovery shall develop and certify a program environmental impact report pursuant to Section…
CHAPTER 14. Paving Materials §§ 42700–42705 · 7 sections
ARTICLE 1. Recycled Materials §§ 42700–42704.6 · 6 sections
- § 42700 The Director of Transportation, upon consultation with the board, shall review and modify all bid specifications relating to the purchase of paving materials,…
- § 42701 (a) In purchasing any materials to be used in paving or paving subbase for use by the Department of Transportation and any other state agencies that provide…
- § 42703 (a) Except as provided in subdivision (d), the Department of Transportation shall require the use of crumb rubber in lieu of other materials at the following…
- § 42704 (a) On or before January 1, 2014, the Department of Transportation may, with input from the Caltrans/Industry Rock Products Committee, establish specifications…
- § 42704.5 By January 1, 2017, a local agency that has jurisdiction over a street or highway shall do either of the following: (a) Adopt the standards developed by the…
- § 42704.6 (a) A local agency that has jurisdiction over a street or highway shall, to the extent feasible and cost effective, apply standard specifications that allow…
ARTICLE 2. Tire-Fired Kilns § 42705 · 1 section
- § 42705 The Legislature hereby finds and declares as follows: (a) California currently faces a serious problem with respect to the collection, disposal, and recycling…
CHAPTER 15. Newsprint §§ 42750–42791 · 21 sections
ARTICLE 1. Definitions §§ 42750–42756 · 6 sections
- § 42750 “Consumer of newsprint” means a person who uses newsprint in a commercial printing operation or in a commercial publishing operation.
- § 42752 “Deink” or “deinking old newspapers” means a process in which old newspaper is mixed with water, the paper fibers are separated to form a paper pulp, and the…
- § 42753 “Newsprint” means uncoated paper, whether supercalendered or machine finished, of the type generally used for, but is not limited to, the publication of…
- § 42754 “Old newspaper” or “recovered newspaper” means any newsprint which is separated from other types of solid waste or collected separately from other types of…
- § 42755 “Post consumer waste paper” means a finished material which would normally be disposed of as a solid waste, having completed its life cycle as a consumer item,…
- § 42756 “Recycled-content newsprint” means newsprint in which not less than 40 percent of its fiber consists of post consumer waste paper.
ARTICLE 2. Recycled-Content Newsprint Program §§ 42760–42762 · 3 sections
- § 42760 On and after January 1, 1991, every consumer of newsprint in California shall ensure that at least 25 percent of all newsprint used by that consumer of…
- § 42761 The percentage of newsprint used which is made from recycled-content newsprint shall be calculated in tons used on an annual basis and shall increase to: (a)…
- § 42762 This division does not apply to any newsprint purchased prior to January 1, 1990.
ARTICLE 3. Certification of Use §§ 42770–42775 · 6 sections
- § 42770 Each consumer of newsprint within the State of California shall, on or before March 1 of each year, certify to the board the number of tons of newsprint used…
- § 42771 Every consumer of newsprint who submits recycled-content newsprint usage certification pursuant to Section 42770 may be subject to an audit to ensure that the…
- § 42772 Each person who supplies a consumer of newsprint with newsprint shall certify the amounts of recycled-content newsprint contained in each shipment to each…
- § 42773 If a consumer of newsprint is unable to obtain sufficient amounts of recycled-content newsprint within any reporting period because recycled-content newsprint…
- § 42774 For the purposes of implementing and enforcing this chapter, the board shall develop and maintain a list which identifies every consumer of newsprint, as…
- § 42775 (a) For the purposes of implementing and enforcing this chapter, the board shall set newsprint comparable quality standards for each of the grades of newsprint…
ARTICLE 4. False Certification §§ 42780–42783 · 4 sections
- § 42780 If any person provides a consumer of newsprint with a false or misleading certificate concerning the recycled content of the delivered newsprint pursuant to…
- § 42781 If any consumer of newsprint provides the board with a false or misleading certificate concerning the percentage of recycled-content newsprint used pursuant to…
- § 42782 If any consumer of newsprint provides the board with a false or misleading certificate concerning why the consumer of newsprint was unable to obtain the…
- § 42783 Specific information on newsprint prices included as part of a certificate submitted to the board by newsprint consumers or suppliers of newsprint is propriety…
ARTICLE 5. Penalties §§ 42790–42791 · 2 sections
- § 42790 Any person who violates Article 3 (commencing with Section 42770) is guilty of an infraction punishable by a fine of not more than one thousand dollars…
- § 42791 In addition to Section 42790, any person who violates Article 3 (commencing with Section 42770) may be assessed a civil penalty by the board of not more than…
CHAPTER 16. Waste Tires §§ 42800–42855 · 51 sections
ARTICLE 1. Definitions §§ 42800–42808 · 17 sections
- § 42800 The following definitions govern the construction of this chapter.
- § 42801 “Agricultural purposes” means the use of waste tires as bumpers on agricultural equipment or as a ballast to maintain covers or structures on an agricultural…
- § 42801.5 (a) “Altered waste tire” means a waste tire that has been baled, shredded, chopped, or split apart. “Altered waste tire” does not mean crumb rubber. (b)…
- § 42801.6 “Baled tire” means either a whole or an altered tire that has been compressed and then secured with a binding material for the purpose of reducing its volume.
- § 42801.7 “Crumb rubber” means rubber granules derived from a waste tire that are less than or equal to, one-quarter inch or six millimeters in size.
- § 42802 “Fund” means the California Tire Recycling Management Fund created by subdivision (a) of Section 42885.
- § 42803 “Local agency” means a county, city, special district, or other local governmental agency which provides or regulates solid waste handling services.
- § 42803.5 “New or used motor vehicle” means any device by which any person or property may be propelled, moved or drawn upon a highway, excepting a device moved…
- § 42804 “Operator” means the person responsible for the overall operation of a waste tire facility.
- § 42805 “Owner” means a person who owns, in whole or in part, a waste tire facility, the waste tires located at a facility, or the land on which a waste tire facility…
- § 42805.5 “Repairable tire” means a worn, damaged, or defective tire that is retreadable, recappable, or regrooveable, or that can be otherwise repaired to return the…
- § 42805.6 “Scrap tire” means a worn, damaged, or defective tire that is not a repairable tire.
- § 42805.7 “Tire derived product” means material that meets both of the following requirements: (a) Is derived from a process using whole tires as a feedstock. A process…
- § 42806 “Tire” means a pneumatic tire or solid tire manufactured for use on any type of motor vehicle.
- § 42806.5 “Used tire” means a tire that meets all of the following requirements: (a) The tire is no longer mounted on a vehicle but is still suitable for use as a…
- § 42807 “Waste tire” means a tire that is no longer mounted on a vehicle and is no longer suitable for use as a vehicle tire due to wear, damage, or deviation from the…
- § 42808 “Waste tire facility” means a location, other than a solid waste facility permitted pursuant to this division that receives for transfer or disposal less than…
ARTICLE 2. General Provisions §§ 42810–42812 · 3 sections
- § 42810 Nothing in this chapter limits the authority of a local agency to regulate persons or businesses that store, stockpile, process, or dispose of waste tires.
- § 42811 The board may delegate specific powers and authority in this chapter to enforcement agencies, as defined in Section 40130, including any of the following: (a)…
- § 42812 Division 13 (commencing with Section 21000) of the Public Resources Code does not apply to the issuance of a permit for the operation of an existing waste tire…
ARTICLE 3. Major Waste Tire Facility Permits §§ 42820–42825 · 7 sections
- § 42820 (a) The board, in consultation with the Office of Environmental Health Hazard Assessment, shall adopt regulations setting forth the procedures and requirements…
- § 42821 The regulations for a major waste tire facility permit shall include, but not be limited to, all of the following: (a) Requirements for submission of a…
- § 42822 The board shall issue major waste tire facility permits pursuant to the regulations upon application therefor.
- § 42823 Except as provided in Section 42823.5, no person shall establish a new major waste tire facility or expand an existing minor waste tire facility unless the…
- § 42823.5 (a) A cement manufacturing plant shall be exempt from the requirement to obtain a permit pursuant to Section 42823 if the operator of the cement manufacturing…
- § 42824 On and after September 1, 1994, it is unlawful to direct or transport waste tires to a major waste tire facility or to accept waste tires at a major waste tire…
- § 42825 (a) Any person who accepts waste tires at a major waste tire facility that has not been issued a permit or an authorization to operate from the board, or who…
ARTICLE 4. Minor Waste Tire Facility Permits §§ 42830–42835 · 6 sections
- § 42830 (a) On or before December 1, 1991, the board, in consultation with the State Fire Marshal and the State Department of Health Services, shall adopt emergency…
- § 42831 The board may exempt either of the following from the permit requirements of this article: (a) An owner or operator of a tire retreading business for the…
- § 42832 The regulations for minor waste tire facility permits shall include, but not be limited to, all of the following: (a) Fire prevention measures. (b) Vector…
- § 42833 The board shall issue minor waste tire facility permits pursuant to the regulations upon application therefor.
- § 42834 On and after July 1, 1994, it is unlawful to direct or transport waste tires to a minor waste tire facility or to accept waste tires at a minor waste tire…
- § 42835 (a) Any person who accepts waste tires at a minor waste tire facility that has not been issued a permit or an authorization to operate from the board, or who…
ARTICLE 5. Renewal, Suspension, or Revocation §§ 42840–42849 · 11 sections
- § 42840 A waste tire facility permit issued pursuant to this chapter is valid for five years unless suspended or revoked. The permit shall be renewed prior to the…
- § 42841 (a) In addition to the authority specified in Section 42843, the department may reject a waste tire facility permit application if, at the time the application…
- § 42843 (a) The department may revoke, suspend, or deny a waste tire facility permit for a period of up to three years, by serving a statement of issues, by personal…
- § 42844 (a) The department may immediately suspend any permit issued pursuant to this chapter if the department determines that the action is necessary to prevent or…
- § 42845 (a) (1) A person who stores, stockpiles, or accumulates waste tires at a location for which a waste tire facility permit is required pursuant to this chapter,…
- § 42846 (a) The board may expend available moneys to perform any cleanup, abatement, or remedial work required under the circumstances set forth in Section 42845 which…
- § 42846.5 If the owner of property upon which waste tires are unlawfully stored, stockpiled, or accumulated refuses to allow the board or its contractors access to enter…
- § 42847 If waste tires are cleaned up, the effects of the tires are abated, or, in the case of threatened pollution or nuisance, other necessary remedial action is…
- § 42847.5 (a) Any costs or damages incurred by the department under this article constitute a lien upon the real property owned by any responsible party that is subject…
- § 42848 If, despite reasonable efforts by the board to identify the person responsible for the unlawful storage, stockpiling, or accumulation of waste tires or the…
- § 42849 (a) “Threaten” or “threat,” for purposes of this article, means a condition creating a substantial probability of harm, when the probability and potential…
ARTICLE 6. Administrative Enforcement §§ 42850–42855 · 7 sections
- § 42850 (a) Any person who negligently violates any provision of this chapter, or any permit, rule, regulation, standard, or requirement issued or adopted pursuant to…
- § 42850.1 (a) Any person who intentionally violates any provision of this chapter, or any permit, rule, regulation, standard, or requirement issued or adopted pursuant…
- § 42851 (a) The department may serve an administrative accusation to a person on whom civil liability may be imposed pursuant to this chapter. The accusation shall…
- § 42852 (a) A hearing required under this chapter shall be conducted by the director in accordance with the informal hearing requirements specified in Chapter 4.5…
- § 42853 Orders setting civil liability issued under this section shall become effective and final upon issuance thereof, and payment shall be made within 30 days of…
- § 42854 (a) Within 30 days after service of a copy of a decision issued by the director, a person so served may file with the superior court a petition for writ of…
- § 42855 All penalties collected under Section 42850 shall be deposited in the California Tire Recycling Management Fund created pursuant to Section 42885 if the…
CHAPTER 17. California Tire Recycling Act §§ 42860–42895 · 30 sections
ARTICLE 1. Findings §§ 42860–42861 · 2 sections
ARTICLE 2. Storage at Landfills §§ 42865–42867 · 2 sections
- § 42865 (a) It is the policy of the state that until a state tire recycling program is fully underway and operational, the shredding of used tires shall be encouraged.…
- § 42867 Except as otherwise determined by the board, only landfills authorized in this article shall be eligible for financial assistance in the shredding of tires…
ARTICLE 3. Tire Recycling §§ 42870–42875 · 7 sections
- § 42870 It is the intent of the Legislature: (a) To reduce the landfill disposal and stockpiling of used whole tires by 25 percent within four years of full…
- § 42871 The board shall administer a tire recycling program that promotes and develops alternatives to the landfill disposal of used whole tires.
- § 42872 The tire recycling program may include, but is not limited to, the following: (a) The awarding of grants, subsidies, rebates, and loans to businesses or other…
- § 42872.6 (a) (1) When awarding grants pursuant to Section 42872 to cities, counties, and other local government agencies for public works projects that use tire-derived…
- § 42873 (a) Activities eligible for funding under this article, that reduce, or that are designed to reduce or promote the reduction of, landfill disposal of used…
- § 42874 The board shall evaluate applications for loans or grants under this article based upon, but not limited to, the following factors in the proposal: (a) The…
- § 42875 The board may also consider the following factors in awarding grant or loan applications: (a) The ability of the proposed processing program to integrate with…
ARTICLE 4. Administration §§ 42880–42883 · 4 sections
- § 42880 The board shall administer this chapter. For organizational purposes, the board may create a new division, bureau, office, or unit to administer this chapter.
- § 42881 (a) In addition to any regulations which the board is required by statute to adopt, the board may adopt any rules or regulations which the board determines may…
- § 42882 In carrying out this chapter, the department may solicit and use expertise available in other state agencies and, if an existing state agency performs…
- § 42883 The recipient of a grant, subsidy, or loan pursuant to Article 3 (commencing with Section 42870) shall, on or before January 1 of each year, submit a report to…
ARTICLE 5. Financial Provisions §§ 42885–42889.4 · 9 sections
- § 42885 (a) For purposes of this section, “California tire fee” means the fee imposed pursuant to this section. (b) (1) A person who purchases a new tire, as defined…
- § 42885.5 (a) The department shall adopt a five-year plan, which shall be updated every two years, to establish goals and priorities for the waste tire program and each…
- § 42885.7 (a) To the extent feasible, the department shall strengthen the California tire tracking system to quantify more precisely the number of used tires flowing…
- § 42886 The fees remitted pursuant to Section 42885 are due and payable quarterly on or before the 15th day of the month following each calendar quarter.
- § 42886.1 (a) The California Department of Tax and Fee Administration, if it deems it necessary in order to ensure payment to or facilitate the collection by the state…
- § 42887 Except in the case of fraud, intent to evade this chapter or rules and regulations adopted to implement this chapter, or failure to file a return, the notice…
- § 42888 (a) Except as agreed to by the board, no refund shall be approved by the board after three years from the date the payment was due for which the overpayment…
- § 42889 (a) All revenues, interest, and penalties derived from the California Tire Fee, less refunds and reimbursement to the California Department of Tax and Fee…
- § 42889.4 If facilities are permitted to burn tires in the previous calendar year, the State Air Resources Board, in conjunction with air pollution control districts and…
ARTICLE 6. Use of Recycled Tire Products by State Agencies §§ 42890–42895 · 6 sections
- § 42890 “Recycled tire product” means a product with not less than 50 percent of its total content derived from recycled used tires.
- § 42891 The Department of General Services shall revise its procedures and procurement specifications for state purchases of products that are made of, or contain…
- § 42892 In bids in which the state has reserved the right to make multiple awards, the recycled tire product preference cost shall be applied, to the extent possible,…
- § 42893 (a) The combined amount of preference granted pursuant to this section shall not exceed one hundred thousand dollars ($100,000) each year. (b) Notwithstanding…
- § 42894 To encourage the use of recycled tires, the department’s specifications shall require recycled tire product contracts to be awarded to the bidder whose product…
- § 42895 The department may adopt rules and regulations to carry out this article.
CHAPTER 18. California Solid Waste Reuse and Recycling Access Act of 1991 §§ 42900–42912 · 6 sections
ARTICLE 1. Short Title and Findings and Declarations §§ 42900–42901 · 2 sections
ARTICLE 2. Definitions § 42905 · 1 section
- § 42905 As used in this chapter, “development project” means any of the following: (a) A project for which a building permit will be required for a commercial,…
ARTICLE 3. Ordinances §§ 42910–42912 · 3 sections
- § 42910 (a) Not later than March 1, 1993, after holding a public hearing, the board shall adopt a model ordinance for adoption by any local agency relating to adequate…
- § 42911 (a) Each local agency shall adopt an ordinance relating to adequate areas for collecting and loading recyclable materials in development projects. (b) If a…
- § 42912 (a) Not later than March 1, 2004, after holding a public hearing, the board shall do all of the following: (1) Adopt one or more model ordinances, suitable for…
CHAPTER 18.5. State Agency Integrated Waste Management Plan §§ 42920–42927 · 8 sections
- § 42920 (a) On or before February 15, 2000, the board shall adopt a state agency model integrated waste management plan for source reduction, recycling, and composting…
- § 42921 (a) Each state agency and each large state facility shall divert at least 25 percent of all solid waste generated by the state agency by January 1, 2002,…
- § 42921.5 (a) After January 1, 2009, the board shall determine each state agency’s or a large state facility’s compliance with Section 42921, for each year, commencing…
- § 42924 (a) On or before February 15, 2000, the board shall develop and adopt requirements relating to adequate areas for collecting, storing, and loading recyclable…
- § 42924.5 (a) On or before July 1, 2017, the department shall develop guidance for collecting and recycling recyclable materials in office buildings of state agencies…
- § 42925 (a) Any cost savings realized as a result of the state agency integrated waste management plan shall, to the extent feasible, be redirected to the agency’s…
- § 42926 (a) In addition to the information provided to the department pursuant to Section 12167.1 of the Public Contract Code, each state agency shall submit an annual…
- § 42927 (a) A community college district shall give first priority for the expenditure of the revenues derived from the sale of recyclable materials resulting from the…
CHAPTER 19. Tire Hauler Registration §§ 42950–42967 · 20 sections
ARTICLE 1. Definitions § 42950 · 1 section
- § 42950 For purposes of this chapter, the following definitions apply: (a) “Agricultural purposes” means the use of waste tires as bumpers on agricultural equipment or…
ARTICLE 2. Registration and General Provisions §§ 42951–42957 · 7 sections
- § 42951 (a) Every person who engages in the transportation of waste or used tires shall hold a valid waste and used tire hauler registration, unless exempt as…
- § 42952 (a) Except as provided in Section 42954, a person engaged in transporting waste or used tires shall comply with all of the following requirements: (1) The…
- § 42953 Any person who gives, contracts, or arranges with another person to transport waste or used tires shall utilize only a person holding a valid waste and used…
- § 42954 (a) A person who hauls waste or used tires is exempt from registration under this chapter if at least one of the following conditions is met: (1) The person…
- § 42955 An application for a new or renewed waste and used tire hauler registration shall be made on a form approved by the department. The application shall include,…
- § 42956 (a) Upon approval of an application submitted pursuant to Section 42955, the department shall issue a waste and used tire hauler registration to be carried in…
- § 42957 An application for a new or renewed tire broker registration shall be made in a format approved by the department. The application shall include, but not be…
ARTICLE 3. Renewal, Suspension, and Revocation §§ 42958–42961.7 · 6 sections
- § 42958 The initial waste and used tire hauler registration issued pursuant to this chapter shall be valid from the date of issuance to January 1 of the subsequent…
- § 42960 (a) The department may suspend, revoke, or deny a waste and used tire hauler registration for a period of up to three years, by serving a statement of issue in…
- § 42961 (a) The department shall notify the applicant for, or holder of, the registration of the revocation, suspension, or denial of the registration and the…
- § 42961.1 A hearing required under this chapter shall be conducted by the director in accordance with the informal hearing requirements specified in Chapter 4.5…
- § 42961.5 (a) For purposes of this chapter, the following definitions shall apply: (1) “California Uniform Waste and Used Tire Manifest” or “manifest” means a shipping…
- § 42961.7 (a) A tire broker shall submit periodic information to the department on the used or waste tires arranged to be shipped by the tire broker to, from, or through…
ARTICLE 4. Enforcement §§ 42962–42963 · 3 sections
- § 42962 (a) Any person who does any of the following shall be liable for a civil penalty not to exceed twenty-five thousand dollars ($25,000) for each violation of a…
- § 42962.5 Any traffic officer, as defined in Section 625 of the Vehicle Code, and any peace officer, as specified in Section 830.1 of the Penal Code, may enforce this…
- § 42963 (a) This chapter, or any regulations adopted pursuant to Section 42966, is not a limitation on the power of a city, county, or district to impose and enforce…
ARTICLE 5. Financial Provisions § 42964 · 1 section
- § 42964 The department may expend funds from the California Tire Recycling Management Fund, upon appropriation by the Legislature, for purposes of implementation of…
ARTICLE 6. Administration §§ 42966–42967 · 2 sections
- § 42966 The department shall administer this chapter. The department may adopt any regulations necessary or useful to carry out this chapter or any of the department’s…
- § 42967 (a) The costs of administering this chapter shall be paid from fees deposited in the California Tire Recycling Management Fund pursuant to Section 42889. (b)…
CHAPTER 19.5. Carpet Producer Responsibility Program §§ 42968–42968.80 · 30 sections
ARTICLE 1. Definitions and General Provisions §§ 42968–42968.4 · 5 sections
- § 42968 For purposes of this chapter, the following definitions apply: (a) “Apprenticeship program” means a program approved by the Chief of the Division of…
- § 42968.1 The department shall adopt regulations to implement this chapter in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section…
- § 42968.2 Notwithstanding any other law, the California Environmental Quality Act (Division 13 (commencing with Section 21000)) shall not apply to the requirements of…
- § 42968.3 Nothing in this chapter shall be construed to limit the ability of a permanent collection site that is a solid waste facility from charging for the disposal of…
- § 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…
ARTICLE 2. Producers and Producer Responsibility Organizations §§ 42968.20–42968.24 · 5 sections
- § 42968.20 (a) To comply with the requirements of this chapter, a producer shall establish and implement a stewardship program as part of a group of producers through…
- § 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…
- § 42968.22 (a) No later than 180 days after the effective date of this chapter, producers shall provide to the department, in a form and manner established by the…
- § 42968.23 (a) The producer responsibility organization shall establish a method for fully funding the producer responsibility organization in a manner that equitably…
- § 42968.24 (a) The producer responsibility organization shall conduct a transparent and public consultation process with interested parties that may be impacted by this…
ARTICLE 3. Producer Responsibility Plan §§ 42968.30–42968.35 · 6 sections
- § 42968.30 (a) Within 12 months of the effective date of the regulations adopted by the department pursuant to Section 42968.1, the producer responsibility organization…
- § 42968.31 The producer responsibility organization shall implement the approved producer responsibility plan within 12 months of the department’s approval of the…
- § 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)…
- § 42968.33 A producer of a covered product sold, offered for sale, imported, or distributed in or into the state shall achieve the performance standards published by the…
- § 42968.34 (a) The department may establish, review, and may adjust performance standards based on information included in the producer responsibility plan and annual…
- § 42968.35 (a) The producer responsibility organization shall review its producer responsibility plan at least every five years after approval by the department and…
ARTICLE 4. Mandatory Sorting § 42968.40 · 1 section
- § 42968.40 (a) 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…
ARTICLE 5. Financial Provisions §§ 42968.50–42968.52 · 3 sections
- § 42968.50 (a) No later than 90 days before a producer responsibility plan is submitted to the department, the department shall notify the producer responsibility…
- § 42968.51 (a) The producer responsibility organization shall pay the department a quarterly administrative fee. The department shall set the fee at an amount that, when…
- § 42968.52 (a) In recognition that the material makeup and construction of a covered product affects the technical and economic recyclability of a covered product, the…
ARTICLE 6. Records, Audits, and Reports §§ 42968.60–42968.63 · 4 sections
- § 42968.60 (a) The producer responsibility organization shall keep board minutes, books, and records that clearly reflect the activities and transactions of the producer…
- § 42968.61 (a) The producer responsibility organization shall retain an independent public accountant, certified in the United States, to annually audit the accounting…
- § 42968.62 On or before July 1 of each year, the producer responsibility organization shall submit in the form and manner determined by the department an annual report…
- § 42968.63 (a) No later than 120 days after the date the department receives the annual report submitted by the producer responsibility organization pursuant to Section…
ARTICLE 7. Enforcement §§ 42968.70–42968.74 · 5 sections
- § 42968.70 (a) Within 24 months of the effective date of regulations pursuant to Section 42968.1, and on or before July 1 of each year thereafter, the department shall…
- § 42968.71 (a) An administrative penalty up to the following amounts may be administratively imposed by the department on the producer responsibility organization or a…
- § 42968.72 (a) If the producer responsibility organization violates this chapter three or more times, the department may determine the producer responsibility…
- § 42968.73 (a) A producer responsibility organization, producer, retailer, importer, distributor, and wholesaler shall do both of the following: (1) Upon request, provide…
- § 42968.74 After the time for judicial review under Section 11523 of the Government Code has expired, the department may apply to the small claims court or superior…
ARTICLE 8. Antitrust Immunity § 42968.80 · 1 section
- § 42968.80 (a) An action specified in subdivision (b) that is taken by a producer or producer responsibility organization that relates to any of the following is not a…
CHAPTER 20. Product Stewardship for Carpets §§ 42970–42983.5 · 23 sections
- § 42970 The purpose of this chapter is to increase the amount of postconsumer carpet that is diverted from landfills and recycled into secondary products or otherwise…
- § 42971 For purposes of this chapter, and unless the context otherwise requires, the following definitions govern the construction of this chapter: (a) “Brand” means a…
- § 42972 (a) On or before September 30, 2011, a manufacturer of carpets sold in this state shall, individually or through a carpet stewardship organization, submit a…
- § 42972.1 (a) The Director of Resources Recycling and Recovery shall appoint members to an advisory committee, which shall make recommendations on carpet stewardship…
- § 42972.2 (a) The Legislature hereby declares that it is the goal of the state to reach a 24-percent recycling rate for postconsumer carpet by January 1, 2020, and to…
- § 42972.3 (a) The department may audit the carpet stewardship organization or an individual manufacturer annually. (b) It is a violation of this chapter for the carpet…
- § 42972.7 (a) (1) A carpet stewardship organization, as part of its carpet stewardship plan, shall set up a trust fund or an escrow account, into which it shall deposit…
- § 42973 (a) (1) Within 60 days after the department receives a plan submitted pursuant to Section 42972, it shall review the plan, determine whether it complies with…
- § 42973.5 A carpet stewardship organization shall provide to the department all data necessary for the department to evaluate the effectiveness of the program as it is…
- § 42973.7 (a) A carpet stewardship organization shall include nonvoting board members with representation from the following types of entities: (1) A circular economy…
- § 42973.9 A carpet stewardship organization shall be responsible for a carpet stewardship plan and shall make decisions regarding the implementation of a carpet…
- § 42974 (a) The department shall enforce this chapter. (b) On and after April 1, 2012, a manufacturer, wholesaler, or retailer that offers a carpet for sale in this…
- § 42975 (a) In order to achieve compliance with this chapter, a carpet stewardship organization shall, on or before September 1 of each year, demonstrate to the…
- § 42976 On or before September 1 of each year, a manufacturer of carpet sold in the state shall, individually or through a carpet stewardship organization, submit to…
- § 42977 (a) The carpet stewardship organization submitting a carpet stewardship plan shall pay the department a quarterly administrative fee. The department shall set…
- § 42977.1 (a) The Carpet Stewardship Account and the Carpet Stewardship Penalty Subaccount are hereby established in the Integrated Waste Management Fund. (b) All fees…
- § 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…
- § 42979 (a) This chapter does not limit, supersede, duplicate, or otherwise conflict with the authority of the Department of Toxic Substances Control under Section…
- § 42980 If the department determines that a carpet stewardship organization or manufacturer has not complied with one or more of the requirements of this chapter, the…
- § 42981 (a) Except as provided in subdivision (b), any action by a carpet stewardship organization or its members that relates to any of the following is not a…
- § 42982 The Department of General Services shall, to the extent feasible and within existing resources, take appropriate steps, including, but not limited to, revising…
- § 42983 It is the intent of the Legislature to review any federal law that has the purpose of managing postconsumer carpet in a manner consistent with this chapter and…
- § 42983.5 This chapter shall become inoperative when all the following are met: (a) The department has adopted regulations pursuant to Section 42968.1. (b) The…
CHAPTER 20.5. Responsible Textile Recovery Act of 2024 §§ 42984–42984.27 · 29 sections
ARTICLE 1. General Provisions §§ 42984–42984.3 · 5 sections
- § 42984 This act may be known, and shall be cited, as the Responsible Textile Recovery Act of 2024.
- § 42984.05 (a) The intent of this chapter is to establish a statewide extended producer responsibility program for apparel and textile articles that emphasizes repair and…
- § 42984.1 (a) The purpose of this chapter is to increase the amount of postconsumer apparel and textile articles that are diverted from landfills and reused, repaired,…
- § 42984.2 The department, acting in accordance with Article 1 (commencing with Section 11340) to Article 8 (commencing with Section 11350), inclusive, of the…
- § 42984.3 (a) (1) “Apparel” means clothing and accessory items intended for regular wear or formal occasions and outdoor activities. For purposes of this chapter…
ARTICLE 2. Producers §§ 42984.4–42984.5 · 2 sections
- § 42984.4 (a) (1) Producers of covered products shall form and join a PRO for the purposes of complying with this chapter. The governing body of the PRO shall submit an…
- § 42984.5 (a) No later than 30 days after the effective date of the regulations implementing this chapter, individual producers or the PRO shall provide to the…
ARTICLE 3. Producer Responsibility Organizations (PROs) §§ 42984.6–42984.7 · 2 sections
- § 42984.6 (a) (1) A PRO shall prepare the initial statewide needs assessment designed to determine the necessary steps and investment needed for covered products, to…
- § 42984.7 (a) A PRO shall approve collection sites under its stewardship program that agree to comply with all applicable state, federal, or municipal laws, regulations,…
ARTICLE 4. Producer Responsibility Plan for Covered Products §§ 42984.8–42984.12 · 5 sections
- § 42984.8 (a) Within 12 months of the effective date of the regulations adopted by the department pursuant to Section 42984.2, a PRO shall develop and submit to the…
- § 42984.9 The PRO shall fully implement the approved plan within 12 months of the department’s approval of the plan pursuant to Section 42984.8.
- § 42984.10 A plan for covered products shall be designed to accept and manage all postconsumer covered products and shall include all of the following: (a) The names and…
- § 42984.11 (a) A producer of a covered product sold, offered for sale, imported, or distributed in or into the state shall achieve the performance standards pursuant to…
- § 42984.12 (a) A PRO shall review its plan at least every five years after approval by the department and determine whether revisions to the plan are necessary. (b) If a…
ARTICLE 5. Financial Provisions §§ 42984.13–42984.14 · 2 sections
- § 42984.13 (a) Each PRO shall pay all administrative and operational costs associated with establishing and implementing the program in which it participates, including,…
- § 42984.14 (a) Upon approval of the PRO’s plan, the PRO shall charge each participant producer annual fees that are eco-modulated as described in the plan. The intent of…
ARTICLE 6. Records, Audits, and Reports §§ 42984.15–42984.18 · 4 sections
- § 42984.15 (a) A PRO shall keep board minutes, books, and records that clearly reflect the activities and transactions of the PRO. (b) A PRO shall include in its plan a…
- § 42984.16 (a) A PRO shall retain an independent public accountant, certified in the United States, to annually audit the accounting books of the PRO. The department…
- § 42984.17 A PRO shall annually submit to the department, in the form and manner and by the date determined by the department, an annual report and make that report…
- § 42984.18 (a) No later than 120 days after the date the department receives the annual report submitted by a PRO pursuant to Section 42984.17, the department shall…
ARTICLE 7. Department Responsibilities § 42984.19 · 1 section
- § 42984.19 After March 1, 2032, the department may establish, review, and may adjust performance standards and the dates by which they are required to be achieved based…
ARTICLE 8. Enforcement and Civil Penalties §§ 42984.20–42984.24 · 5 sections
- § 42984.20 (a) Within 12 months of the effective date of regulations pursuant to Section 42984.2, and on or before July 1 of each year thereafter, the department shall…
- § 42984.21 (a) An administrative civil penalty up to the following amounts may be administratively imposed by the department on any person who is in violation of any…
- § 42984.22 Upon a written finding that a producer, PRO, manufacturer, distributor, retailer, or importer site has not met a material requirement of this chapter, in…
- § 42984.23 (a) A producer, PRO, manufacturer, distributor, retailer, or importer shall do both of the following: (1) Upon request, provide the department with reasonable…
- § 42984.24 After the time for judicial review under Section 11523 of the Government Code has expired, the department may apply to the small claims court or superior…
ARTICLE 9. Antitrust Immunity § 42984.25 · 1 section
- § 42984.25 (a) Except as provided in subdivision (c), an action specified in subdivision (b) that is taken by a PRO that relates to any of the following is not a…
ARTICLE 10. County Authority § 42984.26 · 1 section
- § 42984.26 This chapter does not grant a city, county, city and county, special district, or joint powers authority any new authority over solid waste hauling operations…
ARTICLE 11. Online Marketplace § 42984.27 · 1 section
- § 42984.27 An online marketplace shall annually do the following in accordance with regulations adopted by the department pursuant to Section 42984.2: (a) (1) Notify the…
CHAPTER 21. Used Mattress Recovery and Recycling Act §§ 42985–42994 · 31 sections
- § 42985 (a) The Legislature finds and declares both of the following: (1) In order to reduce illegal dumping, increase recycling, and substantially reduce public…
- § 42985.1 This chapter shall be known, and may be cited, as the Used Mattress Recovery and Recycling Act.
ARTICLE 1. Definitions § 42986 · 1 section
- § 42986 For purposes of this chapter, the following definitions shall apply: (a) (1) “Consumer” means an owner of a mattress, including a person, business,…
ARTICLE 2. Mattress Recycling Plan §§ 42987–42987.5 · 7 sections
- § 42987 (a) (1) A qualified industry association or a successor organization may establish a mattress recycling organization for purposes of this chapter, which shall…
- § 42987.1 On or before July 1, 2015, the mattress recycling organization shall develop and submit to the department a plan for recycling used mattresses in the state in…
- § 42987.1.5 (a) During calendar year 2020, and at least once every five years thereafter, the mattress recycling organization shall review the plan and determine whether…
- § 42987.2 In preparing the plan pursuant to Section 42987.1 and any updates to the plan pursuant to Section 42987.1.5, the mattress recycling organization shall consult…
- § 42987.3 (a) The department shall review the plan for compliance with this chapter and shall approve, disapprove, or conditionally approve the plan within 90 days of…
- § 42987.4 Within 90 days after approval or conditional approval by the department of the plan, the mattress recycling organization shall implement the approved plan.
- § 42987.5 (a) (1) On or before January 1, 2018, based on methodology contained in the plan and information contained in the first annual report, the department, in…
ARTICLE 3. Budget §§ 42988–42988.3 · 4 sections
- § 42988 On or before July 1 of each year, the mattress recycling organization shall prepare and submit to the department a proposed used mattress recycling program…
- § 42988.1 (a) Within 90 days of submittal, the department shall conditionally approve, approve, or disapprove a final used mattress recycling program budget. If the…
- § 42988.2 (a) The department shall notify the mattress recycling organization of the department’s costs that are directly related to implementing and enforcing this…
- § 42988.3 (a) On and after January 1, 2021, the mattress recycling organization shall identify strategies in its annual proposed budget to comply, commencing January 1,…
ARTICLE 4. Mattress Recycling Charge §§ 42989–42989.4 · 6 sections
- § 42989 (a) The mattress recycling organization shall set the amount of the mattress recycling charge that shall be added to the purchase price of a mattress at the…
- § 42989.1 (a) Commencing 90 days after the date the department approves the budget pursuant to Section 42988.1, each manufacturer, renovator, retailer, or distributor…
- § 42989.2 (a) The mattress recycling organization may conduct an audit of the following: (1) Those parties that are required to remit the charge to the mattress…
- § 42989.2.1 (a) Mattresses manufactured by the California Correctional Training and Rehabilitation Authority and purchased by the state or its agencies are exempt from…
- § 42989.3 (a) The mattress recycling organization shall deposit the charges and other moneys collected by the mattress recycling organization pursuant to this chapter in…
- § 42989.4 The mattress recycling organization shall not expend revenue from the mattress recycling charge to pay a civil penalty imposed on the organization pursuant to…
ARTICLE 5. Records, Audits, and Annual Report §§ 42990–42990.2 · 3 sections
- § 42990 (a) The mattress recycling organization shall keep minutes, books, and records that clearly reflect the activities and transactions of the mattress recycling…
- § 42990.1 On or before July 1 of each year, the mattress recycling organization shall submit to the department and the advisory committee and make publicly available on…
- § 42990.2 (a) No later than 90 days after the date the department receives the annual report, the department shall notify the mattress recycling organization of any…
ARTICLE 6. Mattress Recycling and Renovating § 42991 · 1 section
- § 42991 (a) On or before May 1, 2017, and annually thereafter, a person that is engaged in business as a recycler or renovator shall submit to the department and to…
ARTICLE 7. Retailer Used Mattress Take-back § 42992 · 1 section
- § 42992 (a) Except as provided in subdivision (d), on and after July 1, 2014, a retailer shall offer a consumer the option to have a used mattress picked up for…
ARTICLE 8. Enforcement §§ 42993–42993.3 · 4 sections
- § 42993 (a) On or before March 1 of each year, the department shall post on its internet website a list of manufacturers, renovators, and distributors that are in…
- § 42993.1 (a) The department may impose an administrative civil penalty on any manufacturer, mattress recycling organization, distributor, recycler, renovator, or…
- § 42993.2 Upon a written finding that a manufacturer, mattress recycling organization, renovator, distributor, recycler, or retailer has not met a material requirement…
- § 42993.3 (a) A manufacturer, renovator, distributor, recycler, retailer, and mattress recycling organization shall do both of the following: (1) Upon request, provide…
ARTICLE 9. Emergency Regulatory Authority § 42993.4 · 1 section
- § 42993.4 (a) (1) The department may adopt emergency regulations to implement this chapter with regard to establishing a process for the submission of the used mattress…
ARTICLE 10. Antitrust Immunity § 42994 · 1 section
- § 42994 (a) Except as provided in subdivision (c), an action specified in subdivision (b) that is taken by a mattress recycling organization or its members that…
CHAPTER 22. Waste Diversion and Greenhouse Gas Reduction Financial Assistance §§ 42995–42999.7 · 7 sections
- § 42995 For purposes of this chapter, the following terms have the following meanings: (a) “Loan fund” means the CalRecycle Greenhouse Gas Reduction Revolving Loan…
- § 42996 (a) The CalRecycle Greenhouse Gas Reduction Revolving Loan Fund is hereby created in the State Treasury. (b) Notwithstanding Section 13340 of the Government…
- § 42997 (a) The CalRecycle Greenhouse Gas Reduction Revolving Loan Program is hereby established and shall be administered by the department. (b) (1) The department…
- § 42998 (a) The department may establish and collect fees to fund the costs of administering the revolving loan program, including, but not limited to, an application…
- § 42999 (a) The department shall, upon appropriation by the Legislature, administer a grant program to provide financial assistance to promote in-state development of…
- § 42999.5 (a) The department shall, upon appropriation by the Legislature, establish and administer the Zero-Waste Equity Grant Program as a competitive grant program to…
- § 42999.7 Within two years of the appropriation by the Legislature for the Zero-Waste Equity Grant Program, the department, in consultation with the California Workforce…