CHAPTER 19.5. Carpet Producer Responsibility Program [42968. - 42968.80.]

Chapter 19.5 added by Stats. 2024, Ch. 675, Sec. 1.

§§ 42968–42968.80 · 30 sections

1. 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…
2. 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…
3. 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…
4. 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…
5. 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…
6. 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…
7. 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…
8. 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…