BlackletterCalifornia law

CHAPTER 3. Plastic Pollution Prevention and Packaging Producer Responsibility Act [42040. - 42084.]

Chapter 3 added by Stats. 2022, Ch. 75, Sec. 2.

§§ 42040–42084 · 30 sections

  1. 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…
  2. 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…
  3. 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…
  4. 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…
  5. 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…