BlackletterCalifornia law

CHAPTER 20.5. Responsible Textile Recovery Act of 2024

Chapter 20.5 added by Stats. 2024, Ch. 864, Sec. 1.

§§ 42984–42984.27 · 29 sections

  1. 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…
  2. 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…
  3. 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,…
  4. 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…
  5. 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…
  6. 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…
  7. 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…
  8. 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…
  9. 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…
  10. 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…
  11. 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…