AMENDED IN ASSEMBLY JUNE 11, 2026
AMENDED IN SENATE MARCH 25, 2026
CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION
SENATE BILLNo. 1010
97
Introduced by Senator Ashby
February 10, 2026
An act to add Chapter 13.2 (commencing with Section 42670) to Part 3 of Division 30 of the Public Resources Code, relating to solid waste. amend Sections 25211.3 and 25211.4 of, to add Sections 25211.6 and 25211.7 to, and to repeal and add Section 25213 of, the Health and Safety Code, relating to hazardous waste.
Vote: majority Appropriation: no Fiscal committee: yes Local program: yes
LEGISLATIVE COUNSEL’S DIGEST
Under existing law, the Department of Toxic Substances Control is required to implement and enforce certain laws related to the recycling of major appliances, as defined. Existing law prohibits a person, other than a certified appliance recycler, as defined, from removing materials that require special handling from a major appliance. Existing law requires a person, including, but not limited to, a certified appliance recycler, who transports, delivers, or sells discarded major appliances to a scrap recycling facility, as defined, to retain onsite records demonstrating compliance with certain laws related to the recycling of major appliances, as provided. A violation of the hazardous waste control laws is a crime.
This bill would require a person, including, but not limited to, a certified appliance recycler, who transports, delivers, or sells discarded major appliances to a scrap recycling facility to also provide those documents to the department, as specified. By expanding the scope of a crime, the bill would impose a state-mandated local program.
Existing law requires a person wishing to operate as a certified appliance recycler to submit an initial or renewal application to the department, under penalty of perjury. Existing law requires the application to include, among other things, a description of the ability of the applicant to properly remove and manage all materials that require special handling. Existing law requires the department to review an application for completeness and, upon a determination that the application is complete and meets the requirements of certain laws related to the recycling of major appliances, to issue a numbered certificate to the applicant. Existing law requires the applicable certified unified program agency (CUPA), as soon as practicable after receiving the application and certification from the department, to inspect the certified appliance recycler’s facility, as provided.
This bill would require the application to also include a description of the applicant’s facility and registration with the CUPA, as specified. By expanding the scope of a crime, the bill would impose a state-mandated local program. The bill would require the department to review the application, visit the applicant’s facility, and, upon determination that the application is complete and meets the requirements of certain laws related to the recycling of major appliances and applicable laws regarding hazardous waste, issue a numbered certificate to the applicant. The bill would require the CUPA to inspect the certified appliance recycler’s facility as soon as practicable, but no later than 6 months after the issuance of the certificate. By creating a new requirement on a CUPA, the bill would impose a state-mandated local program. The bill would authorize the department to impose a charge on an applicant for initial certification and on a certified appliance recycler for renewal to cover the department’s reasonable and actual regulatory costs for implementing certain laws relating to the recycling of major appliances, including, but not limited to, the adoption of regulations, as specified.
This bill would require a scrap recycling facility to only accept an appliance from a certified appliance recycler or a person otherwise authorized to transport, deliver, or sell discarded major appliances. The bill would require a scrap recycling facility to document each appliance received and to confirm, under penalty of perjury, that materials that require special handling have been removed from the appliance. By expanding the scope of a crime, the bill would impose a state-mandated local program.
Existing law requires the department to develop a statewide list of appliance recyclers, used appliance dealers, solid waste facilities, metal scrapyards, and others who may remove, or do business with those who remove, from major appliances, materials that require special handling, as specified. Existing law requires the department to transmit a copy of the Appliance Recycling Guide, published by the California Integrated Waste Management Board, and certain other materials and information, to waste generators and enforcement officers, as provided.
This bill would repeal those provisions and instead require the department to post on its internet website a list of certified appliance recyclers and the number of appliances processed by certified appliance recyclers and accepted by scrap recycling facilities, as specified.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
This bill would enact a stewardship program known as the Refrigerant Stewardship and Recovery Act, which would require a producer of certain household appliances containing refrigerants, known as “covered products,” to form and join a producer responsibility organization, or PRO. The bill would require the PRO to be approved by the department pursuant to the requirements of the bill, as provided. The bill would require the department to adopt regulations to implement the program no later than January 1, 2029. The bill would require the PRO to submit to the department, for approval or disapproval, a complete plan for the collection, transportation, consolidation, dismantling, refrigerant recovery, recycling, reclamation, destruction, and the safe and proper management of covered products in the state. Upon approval of a plan, the bill would make a producer subject to specified civil penalties, unless the producer is a participant in a PRO and all covered products are accounted for in the plan. The bill would require the PRO to review the plan at least every 5 years after approval. The bill would also require a PRO to submit an annual report to the department, as provided. The bill would require all reports and records provided to the department to be provided under penalty of perjury. By expanding the scope of the crime of perjury, the bill would impose a state-mandated local program. The bill would restrict public access to certain information collected for the purpose of administering the program.
This bill would require the department to post on its internet website a list of producers that are in compliance with the requirements of the program. The bill would require PROs to pay fees to the department, not to exceed the department’s actual and reasonable regulatory costs to implement and enforce the act. The bill would establish the Refrigerant Stewardship Recovery Fund in the State Treasury for the deposit of all moneys received from PROs and would make the moneys in the fund available to the department, upon appropriation by the Legislature, for purposes of the program. The bill would also authorize the department to impose administrative civil penalties for a violation of the program’s requirements, not to exceed $10,000 per day, or not to exceed $50,000 per day for an intentional or knowing violation, as specified. The bill would create the Refrigerant Stewardship Recovery Penalty Account in the fund for the deposit of penalties, which would be available for expenditure upon appropriation by the Legislature, as specified.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
The people of the State of California do enact as follows:
SECTION 1.
Section 25211.3 of the Health and Safety Code is amended to read:
25211.3.
(a) A certified appliance recycler, and any person who is not a certified appliance recycler who is subject to subdivision (b) of Section 25211.2, shall retain onsite records demonstrating compliance with applicable requirements of this article and Section 42175 of the Public Resources Code. The records shall be retained for three years and shall be made available for inspection, upon the request of a representative of the department or a CUPA. The records shall be retained, after that three-year period, during the course of an unresolved enforcement action or as requested by the department or CUPA. The records shall include, but not be limited to, all of the following information:
(1) The amount, by volume or weight or both weight, or both, of each material that required special handling.
(2) The method used by the appliance recycler to recycle, dispose of, or otherwise manage each material that required special handling, including the name and address of the facility to which each material was sent.
(3) The number and types of appliances from which materials that require special handling are removed each year.
(4) The reports required pursuant to subdivision (c) (d) of Section 25211.2.
(b) A certified appliance recycler, and any person who is not a certified appliance recycler who is subject to subdivision (b) of Section 25211.2, shall provide the information described in subdivision (a) to the department in a form and manner prescribed by the department for purposes of implementing Section 25213.
SEC. 2.
Section 25211.4 of the Health and Safety Code is amended to read:
25211.4.
(a) On and after January 1, 2008, a A person wishing to operate as a certified appliance recycler, except a person having a certification issued before January 1, 2008, until that certification expires, recycler shall submit an initial or a renewal application to the department and obtain or renew certification from the department pursuant to this section. The department shall make available on its Internet Web site
internet website an application for certification as a certified appliance recycler that requires all of the following:
(1) The business name under which the appliance recycler operates, the telephone number, the physical address and mailing address, if different, and the business owner’s name, address, and telephone number.
(2) A hazardous waste generator identification number issued by the department pursuant to this chapter.
(3) A statement indicating that the applicant has either filed an application for a stormwater permit or is not required to obtain a stormwater permit.
(4) A statement indicating that the applicant has either filed a hazardous materials business plan or is not required to file the plan.
(5) The tax identification number assigned by the Franchise Tax Board.
(6) A copy of a business license and any conditional use permits issued by the appropriate city or county.
(7) A description of the ability of the applicant to properly remove and manage all materials that require special handling, including, but not limited to, a technical description of how each material requiring special handling will be removed and a description of how each material requiring special handling will be managed by the applicant consistent with applicable laws.
(8) A description of the applicant’s facility, including, but not limited to, how and where the material requiring special handling will be stored and managed onsite.
(9) Any other information that the department may determine to be necessary to carry out this article.
(10) Registering with the CUPA, if there is one in the applicant’s jurisdiction.
(b) A person wishing to operate as a certified appliance recycler shall
submit to the department, under penalty of perjury, the information required pursuant to subdivision (a). The department shall review the application for completeness application, visit the applicant’s facility, and, upon determining that the application is complete and meets the requirements of this section,
chapter, as applicable, and this article, shall issue a numbered certificate to the applicant. The department shall notify an applicant whose application fails to meet the requirements for certification of the reason why the department denied the certification. The department may revoke or suspend a certification issued pursuant to this section, in accordance with the procedures specified in Sections 25186.1 and 25186.2, for any of the grounds specified in Section 25186.
(c) The certificate issued by the department shall include the issuance date and the expiration date, which shall be three years after the issuance date. A person whose certification has expired, and who has not applied for and obtained a new current certification, is no longer a certified appliance recycler and may no longer operate as a certified appliance recycler.
(d) Upon issuance of a certificate, the department shall transmit the application and certification of the certified appliance recycler to the certified uniform program agency CUPA in whose jurisdiction the person is located, which shall, as soon as is practicable, but no later than six months after issuance of the certificate, inspect the certified appliance recycling recycler’s facility to determine whether the recycler is capable of properly removing and managing materials that require special handling from
major appliances. In making the determination, the certified uniform program agency
CUPA shall consider various factors, including, but not limited to, the working condition of equipment used to remove the materials, the technical ability of employees of the business to operate the equipment proficiently, and the facility’s compliance with existing applicable laws. Within 30 days of completing the inspection, the CUPA shall report to the department whether the certified appliance recycler is in compliance with this chapter, as applicable, and this article and if there are any alleged violations of this chapter, as applicable, and this article.
(e) The department may impose a charge on an applicant for initial certification and on a certified appliance recycler for renewal to cover the department’s reasonable and actual regulatory costs for implementing this article, including, but not limited to, the adoption of regulations pursuant to this article.
SEC. 3.
Section 25211.6 is added to the Health and Safety Code, to read:
25211.6.
(a) Except as provided in subdivision (b) of Section 25211.2, a scrap recycling facility shall only accept an appliance from a certified appliance recycler.
(b) A scrap recycling facility that accepts an appliance from a certified appliance recycler shall document each appliance received and confirm, under penalty of perjury, that the materials that require special handling have been removed from the appliance.
(c) A scrap recycling facility shall report annually to the department the number and type of appliances accepted, including, but not limited to, the number of appliances accepted from a certified appliance recycler and the amount of appliances accepted from a person described in subdivision (b) of Section 25211.2.
SEC. 4.
Section 25211.7 is added to the Health and Safety Code, to read:
25211.7.
A violation of any provision of this article is a violation of this chapter.
SEC. 5.
Section 25213 of the Health and Safety Code is repealed.
(a) To implement subdivision (c) of Section 25212, the department shall, based on reasonably available information, develop a statewide list of appliance recyclers, used appliance dealers, solid waste facilities, metal scrapyards, and others who may remove, or do business with those who remove, from major appliances, materials that require special handling. The department shall notify persons on the list of the requirements of this chapter and the steps that will be required to be taken to comply with this chapter.
(b) The department shall transmit a copy of the Appliance Recycling Guide, published by the California Integrated Waste Management Board, and any other materials determined to be necessary by the department to ensure compliance with this chapter, to the following persons and agencies:
(1) Persons who apply for a generator identification number indicating that they are involved with any activities regulated pursuant to this article.
(2) The local officers and agencies authorized to enforce this chapter pursuant to subdivision (a) of Section 25180.
(c) The department shall transmit the generator identification number of any person identified pursuant to paragraph (1) of subdivision (b) and the statewide list developed pursuant to subdivision (a) to the appropriate local officers and agencies authorized to enforce this chapter pursuant to subdivision (a) of Section 25180.
SEC. 6.
Section 25213 is added to the Health and Safety Code, to read:
25213.
(a) The department shall post a list of certified appliance recyclers on its internet website.
(b) On and after January 1, 2028, and annually thereafter, the department shall post on its internet website the number of appliances, by type, processed by certified appliance recyclers each year and shall post the number of appliances, by type, accepted by a scrap recycling facility pursuant to subdivision (b) of Section 25211.2.
SEC. 7.
No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
Chapter 13.2 (commencing with Section 42670) is added to Part 3 of Division 30 of the Public Resources Code, to read:
13.2.
Refrigerant Stewardship and Recovery Act
1.
General Provisions and Definitions
42670.
This chapter shall be known, and may be cited, as the Refrigerant Stewardship and Recovery Act.
42670.02.
The Legislature finds and declares all of the following:
(a) Chapter 849 of the Statutes of 1991 (Assembly Bill 1760 (Eastin)) established requirements governing the disposal and recycling of major appliances and other metallic discards, including prohibitions on disposal where recycling is feasible and requirements for the removal of specified hazardous materials, including refrigerants, prior to processing. The Legislature finds that these requirements demonstrate the importance of ensuring that appliances containing hazardous and climate-damaging substances are properly managed at end of life
(b) Refrigerants used in cooling appliances may have high global warming potential and contribute to climate change if released into the atmosphere.
(c) Refrigerators, freezers, air conditioners, dehumidifiers, and similar appliances contain refrigerants within sealed systems containing gases, lubricants, and capacitors that must be recovered at end of life to prevent emissions or releases to the environment.
(d) California law requires the removal and proper management of certain hazardous materials and components from discarded appliances before crushing, shredding, disposal, or other mechanical processing.
(e) A producer-funded stewardship framework will support the convenient, safe, and lawful collection and management of covered products and will reduce emissions associated with improper end-of-life handling of refrigerants.
(f) It is in the interest of the state to establish a statewide extended producer responsibility program that supports recovery, reclamation, recycling, destruction, and other lawful management pathways for refrigerants and other covered materials, while minimizing generation of hazardous waste, greenhouse gas emissions, environmental impacts, environmental justice impacts, and public health impacts.
(g) The intent of this chapter is to establish a statewide extended producer responsibility program for covered products that contain refrigerants and other hazardous waste components and that emphasizes lawful recovery, reclamation, recycling, destruction, and other safe and proper management practices.
(h) It is also the intent of this chapter to support the recovery and proper management of refrigerants and, where applicable, insulating foam contained in covered products at end of life.
(i) It is further the intent of this chapter that any producer, regardless of whether the producer is domiciled in this state, that sells, offers for sale, imports for sale, or distributes a covered product in or into this state shall be responsible for complying with this chapter.
42670.04.
The department shall adopt regulations to implement this chapter with an effective date no later than January 1, 2029, pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The regulations shall encourage management practices that minimize, to the extent possible, greenhouse gas emissions, hazardous waste releases, environmental impacts, environmental justice impacts, and public health impacts.
42670.06.
For purposes of this chapter, the following definitions apply:
(a) “Authorized collector” means a person or entity that has entered into an agreement with a producer responsibility organization to collect covered products.
(b) “Authorized processor” means a person or entity that has entered into an agreement with a producer responsibility organization to transport, consolidate, dismantle, process, recycle, reclaim, destroy, or otherwise manage a covered product.
(c) “Brand” means a trademark, including both a registered trademark and an unregistered trademark, a logo, a name, a symbol, a word, an identifier, or a traceable mark that identifies a covered product and identifies the owner or licensee of the brand.
(d) “Collection site” means a permanent or temporary location operated by an authorized collector at which covered products are collected and prepared for transport in accordance with the requirements of this chapter.
(e) “Consumer” means an owner of a covered product, including a person, business, corporation, limited partnership, nonprofit organization, or governmental entity, and includes the ultimate purchaser, owner, or lessee of a covered product, who is not, as to that covered product, the distributor, importer, producer, recycler, retailer, or producer responsibility organization.
(f) (1) “Covered product” means a household appliance containing refrigerant and that is any of the following:
(A) A refrigerator.
(B) A freezer.
(C) A combination refrigerator-freezer.
(D) A window air conditioner.
(E) A portable air conditioner.
(F) A dehumidifier.
(G) A wine cooler or beverage cooler.
(H) Any other consumer appliance designated by the department by regulation.
(2) “Covered product” does not include any of the following:
(A) A product covered under Chapter 8.5 (commencing with Section 42460).
(B) A motor vehicle, trailer, vessel, or other equipment subject to separate state or federal refrigerant management requirements, as determined by the department.
(C) A product sold solely for industrial, commercial, or medical use and not intended for personal, family, or household use.
(g) “Department” means the Department of Resources Recycling and Recovery.
(h) “Distributor” means a company that has a contractual relationship with one or more producers to market and sell covered products to a retailer.
(i) “Importer” means either of the following:
(1) A person qualifying as an importer of record for purposes subparagraph (B) of paragraph (2) of subdivision (a) of Section 1484 of Title 19 of the United States Code with regard to the import of a covered product that is sold, distributed for sale, or offered for sale in or into the state, that was manufactured or assembled by a company outside of the United States.
(2) A person importing into the state for sale, distributing for sale, or offering for sale in the state a covered product that was manufactured or assembled by a company physically located outside of the state.
(j) “Local jurisdiction” means a city, county, city and county, regional agency, or special district that provides solid waste collection services.
(k) “Person” has the same meaning as set forth in Section 40170.
(l) (1) “Producer” means a person who manufactures a covered product and who owns or is the licensee of the brand or trademark under which that covered product is sold, offered for sale, or distributed for sale in or into the state.
(2) If there is no person in the state who is the producer for purposes of paragraph (1), the producer of the covered product is the owner of a brand or trademark or, if the owner is not in the state, the exclusive licensee of a brand or trademark under which the covered product is sold, imported for sale, offered for sale, or distributed for sale in or into the state, regardless of whether the trademark is registered. For purposes of this subdivision, an exclusive licensee is a person holding the exclusive right to use a trademark or brand in the state in connection with the manufacture, sale, or distribution for sale in or into the state of the covered product.
(3) If there is no person in the state who is the producer for purposes of paragraph (1) or (2), the producer of the covered product is the person that imports the covered product into the state for sale or distribution.
(4) If there is no other person in the state who is the producer for purposes of paragraphs (1), (2), or (3), the producer of the covered product is the distributor, retailer, or wholesaler that sells the product in or into the state.
(5) For purposes of this subdivision, the sale of a covered product shall be deemed to occur in the state if the covered product is delivered to the consumer in the state.
(6) This chapter does not prohibit a person that manufactures, distributes, imports, offers for sale, or sells the covered product from assuming some or all of the duties and liabilities of the producer of the covered product and relieving from those duties and liabilities any other person that manufactures, distributes, imports, offers for sale, or sells the covered product.
(7) “Producer” does not include a seller that only sells secondhand covered products.
(m) “Producer responsibility organization” means an organization that is exempt from taxation under Section 501(c)(3) of the federal Internal Revenue Code of 1986, is formed for the purpose of implementing a producer responsibility plan to meet the requirements of this chapter, and is approved by the department.
(n) “Producer responsibility plan” means the plan developed by the producer responsibility organization for the collection, transportation, consolidation, dismantling, refrigerant recovery, recycling, reclamation, destruction, and the safe and proper management of covered products pursuant to Article 4 (commencing with Section 42670.30).
(o) “Refrigerant” means a substance used in a cooling system to absorb and release heat, including, but not limited to, hydrofluorocarbons, hydrofluoroolefins, chlorofluorocarbons, hydrochlorofluorocarbons, hydrocarbons, compressor oils, capacitors, and any other substance designated by the department by regulation.
(p) “Responsible end market” has the same meaning as in Section 42041.
(q) “Retailer” means a person that sells or offers for sale a covered product in or into the state to a person through any means, including, but not limited to, sales outlets, catalogs, the telephone, the internet, or any electronic means.
(r) “Sale” or “sell” have the same meaning as the term “sale,” as defined in Section 6006 of the Revenue and Taxation Code.
(s) “Stewardship program” means a program established by a producer responsibility organization pursuant to this chapter for the free, convenient, and safe collection, transportation, consolidation, dismantling, refrigerant recovery, recycling, reclamation, destruction, and otherwise proper management of covered products.
2.
Producers
42670.10.
(a) (1) Producers of covered products shall form and join a producer responsibility organization for purposes of complying with this chapter.
(2) The governing body of a producer responsibility organization shall, by January 1, 2028, submit an application to the department describing how the producer responsibility organization meets the requirements to be approved pursuant to this chapter.
(3) If the department approves the producer responsibility organization, the producer responsibility organization shall proceed to carry out the requirements of this chapter.
(4) If applications for more than one producer responsibility organization are submitted to the department, the department shall determine which proposed producer responsibility organization can most effectively implement the requirements of this chapter.
(b) The department shall, by March 1, 2028, approve a producer responsibility organization that meets all of the following:
(1) Complies with the requirements of this chapter.
(2) Has a governing board consisting of producers that are diverse in size and type and that represent the diversity of covered products placed in the market by those entities. The governing board may include ex officio members involved in the collection, transportation, consolidation, dismantling, refrigerant recovery, recycling, reclamation, destruction, or management of covered products.
(3) Demonstrates that it has adequate financial responsibility and financial controls in place, including, but not limited to, fraud prevention measures and an audit schedule, to ensure proper management of funds.
(c) All producers of covered products shall, by July 1, 2028, join the producer responsibility organization approved by the department.
(d) After January 1, 2035, and upon a determination by the department that an additional producer responsibility organization would be beneficial in satisfying the requirements of this chapter, the department may approve additional producer responsibility organizations that meet the requirements of this chapter.
(e) Each producer participating in a producer responsibility organization shall register with that producer responsibility organization in accordance with the procedures and requirements established by that producer responsibility organization.
(f) Upon approval of a producer responsibility plan pursuant to this chapter, a producer shall be subject to penalties pursuant to Article 8 (commencing with Section 42670.70) unless both of the following conditions are met:
(1) The producer participates in an approved producer responsibility organization.
(2) Covered products sold or offered for sale by the producer are accounted for in the approved producer responsibility plan.
(g) A producer is not in compliance with this chapter and is subject to penalties pursuant to Article 8 (commencing with Section 42670.70) if a covered product sold or offered for sale by the producer is not subject to an approved producer responsibility plan.
(h) If an entity does not meet the definition of a producer and is not subject to this chapter, but at any point meets the definition of a producer, the producer shall, within 90 days, become a participant of a producer responsibility plan and comply with the requirements of this chapter.
42670.12.
(a) No later than 30 days after the effective date of the regulations implementing this chapter, a producer responsibility organization shall provide to the department, in a form and manner established by the department, a list of brands of covered products that each producer sells, distributes for sale, imports for sale, or offers for sale in or into the state.
(b) A producer responsibility organization shall update the list described in subdivision (a) on or before January 15 of each year and at any other time requested by the department.
3.
Producer Responsibility Organizations
42670.20.
(a) A producer responsibility organization shall approve collection sites under its stewardship program that agree to comply with applicable state, federal, and municipal laws, regulations, and rules, and the conditions adopted by the producer responsibility organization.
(b) (1) A producer responsibility organization shall include as a collection site in its stewardship program a local jurisdiction that offers in writing to participate in the stewardship program and agrees to comply with the producer responsibility organization’s requirements that are consistent with that producer responsibility organization’s approved plan even if the minimum thresholds have been achieved.
(2) A producer responsibility organization shall include a local jurisdiction as a collection site in its stewardship program within 90 days of receiving the written offer to participate, confirming that the local jurisdiction will comply with the producer responsibility organization’s requirements that are consistent with an approved producer responsibility plan, even if the minimum thresholds have been achieved.
(3) The producer responsibility organization shall not be required to respond to offers pursuant to this subdivision until the producer responsibility organization’s producer responsibility plan has been approved by the department.
(c) A producer responsibility organization may suspend or terminate a collection site that does not comply with all applicable state, federal, or municipal laws and regulations, or adhere to the rules and conditions imposed by the producer responsibility organization.
(d) A collection site shall be operated and managed to ensure that covered products are collected safely and handled in accordance with all applicable state, federal, and municipal laws and regulations, and the rules and conditions of the applicable producer responsibility plan. Authorized collectors and authorized sorters may divert reusable covered products for sale in secondhand markets.
(e) A producer responsibility organization shall require all contractors to pay no less than the state minimum wage.
(f) Each participant of a producer responsibility organization with an approved producer responsibility plan shall comply with the requirements of this chapter. The producer responsibility organization shall notify the department within 30 calendar days of any the following:
(1) The end of any three-month period in which the producer responsibility organization unsuccessfully attempted to obtain a fee, records, or information from a participant producer, or received incomplete or incorrect records or information.
(2) The date a producer no longer participates in the producer responsibility organization’s approved producer responsibility plan.
(3) Any instance of noncompliance by a participant producer.
4.
Producer Responsibility Plans
42670.30.
(a) Within 12 months of the effective date of the regulations adopted by the department pursuant to Section 42670.04, a producer responsibility organization shall develop and submit to the department a complete producer responsibility plan, in a form and manner determined by the department.
(b) The department shall review the producer responsibility plan for compliance with this chapter and shall approve, disapprove, or conditionally approve the producer responsibility plan within 120 days of receipt.
(c) (1) If the department disapproves a producer responsibility plan submitted by a producer responsibility organization, the department shall explain how the producer responsibility plan does not comply with this chapter and provide written notice to the producer responsibility organization within 60 days of disapproval. The producer responsibility organization may resubmit to the department a revised producer responsibility plan within 30 days of the date the written notice was issued, and the department shall review the revised producer responsibility plan within 60 days of resubmittal.
(2) If the department disapproves a revised producer responsibility plan submitted by a producer responsibility organization, the department shall explain how the producer responsibility plan does not comply with this chapter and provide written notice to the producer responsibility organization within 60 days of disapproval. The producer responsibility organization shall then revise and resubmit the producer responsibility plan consistent with the department’s direction within 30 days, otherwise the disapproval is final and the producer responsibility organization and producers may be subject to penalties.
(3) By January 1, 2031, a producer responsibility organization shall have a complete producer responsibility plan approved by the department and each producer shall be subject to an approved producer responsibility plan to be in compliance with this chapter.
(d) Within three months of approval by the department, a producer responsibility organization shall begin to implement its approved producer responsibility plan.
(e) A producer responsibility organization with an approved producer responsibility plan shall submit any proposed substantial change to the producer responsibility plan to the department for approval employing the procedures set forth in this section.
(f) The approved producer responsibility plan shall be a public record, except that financial or sales data reported to the department by the producer responsibility organization is not a public record for purposes of the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) and shall not be open to public inspection. The department may release financial or sales data in summary form only so the information cannot be attributable to a specific producer or distributor or to any other entity.
42670.32.
The producer responsibility organization shall fully implement its approved producer responsibility plan within 12 months of the department’s approval of the producer responsibility plan pursuant to Section 42670.30.
42670.34.
A producer responsibility plan shall be designed to accept and manage all covered products and shall include all of the following:
(a) The names and contact information, including email address, telephone number, and mailing and physical addresses, of producers and brands of covered products covered under the producer responsibility plan.
(b) A description of the method to establish and administer a means for fully funding the producer responsibility organization in a manner that distributes the producer responsibility organization’s costs among the producers that are part of the producer responsibility organization using a per unit eco-modulated fee that reflects California sales volumes, existing producer collection, repair, reuse, and recycling programs that help achieve the purpose of this chapter, and the cost of reusing, repairing, recycling, or otherwise managing covered products.
(c) (1) A five-year budget that establishes a funding level sufficient to operate the producer responsibility organization in a prudent and responsible manner.
(2) The budget shall demonstrate how estimated revenues will cover all budgeted costs for each cost category.
(3) Budgeted costs shall include, but not be limited to, administrative costs, education and outreach costs, operational costs, capital costs, and a reserve to operate the producer responsibility organization should there be unexpected events, such as losses of income, and large unbudgeted expenses in order to protect the recycling infrastructure the producer responsibility organization relies upon in its producer responsibility plan, during any lapse in producer participation during the life of the stewardship program. The producer responsibility plan shall include a description of the types of activities related to each line-item cost category. The reserve cost category shall include a reserve level amount and description justifying the reserve level amount indicated.
(4) The producer responsibility organization shall maintain reserve funds sufficient to operate its producer responsibility plan for no less than six months. If a new producer responsibility plan submitted by a producer responsibility organization is approved by the department, the producer responsibility organization shall establish its reserve and maintain the required reserve fund balance by the end of the second year of the producer responsibility plan’s operation.
(5) Administrative costs shall include the department’s actual and reasonable regulatory costs, which include full personnel costs, to implement and enforce this chapter as the criteria for all the costs that are defined in the regulations adopted pursuant to Section 42670.04. For the purposes of this paragraph, producer responsibility organization implementation begins once the department approves its producer responsibility plan, except the department’s costs shall include actual regulatory development costs and other startup costs incurred prior to the producer responsibility plan’s submittal and approval.
(d) A description of how the producer responsibility organization will provide for a free and convenient dropoff or collection system for covered products, which shall include permanent collection sites and may include temporary collection sites and mail-back options, in each county of the state that provides for a reasonable geographic spread of permanent collection sites and an explanation for the geographic spread.
(e) A description of how collection sites will be authorized and managed, including all of the following:
(1) A description of the process by which a local jurisdiction can request to be a collection site.
(2) A description of how the producer responsibility organization will, at no cost, provide to collection sites the appropriate containers for covered products, training, signage, safety guidance, and educational materials.
(3) An explanation of the process by which the producer responsibility organization will, at no cost, provide for the transport of covered products from a collection site to an authorized sorter, or directly to an authorized repair business, or recycling facility.
(4) A description of how collection sites will be allowed to divert a collected covered product to a secondhand market for reuse. Any diversion by a collection site pursuant to this paragraph shall be consistent with the rules established pursuant to paragraph (5).
(5) A list of all proposed rules, conditions, and requirements for authorized collectors, authorized sorters, and authorized repair businesses, including, but not limited to, a template proposed agreement for each of these entities, as applicable.
(f) A description of how the producer responsibility plan will coordinate with a local jurisdiction, retailer, service provider, utility provider, recycler, dismantler, scrap operator, and other entities involved in the collection or management of covered products.
(g) A description of how covered products will be handled and managed according to the waste management practices pursuant to Section 40051, including all of the following:
(1) How the producer responsibility plan will prioritize the reuse, including repair, of collected covered products.
(2) How the producer responsibility organization will maximize the reuse and recycling of all covered products, subject to paragraph (1).
(3) How the producer responsibility will prioritize, to the extent feasible, the use and development of sorting, repair, and recycling facilities located closer to the point of collection to minimize transportation-related emissions and increase accountability for the ultimate disposition of covered products.
(4) How the producer responsibility will minimize disposal of covered products collected by the producer responsibility organization.
(5) How the producer responsibility plan will include incentive payments, grants, and market development investments to encourage reuse over recycling and other methods.
(6) How the producer responsibility plan will provide incentive payments, grants, and market development investments to support the infrastructure necessary to effectively implement the plan, including how incentive payments, grants, and market development investments will prioritize infrastructure closer to the point of generation.
(7) How the producer responsibility organization will ensure that covered products are reused or recycled and have responsible and economically viable end markets.
(h) A description of the minimum recovery standards that shall apply to covered products collected pursuant to the producer responsibility plan, including, but not limited to, both of the following:
(1) Minimum refrigerant recovery standards that include all of the following:
(A) All refrigerant shall be recovered from covered products before dismantling, crushing, shredding, or any other processing that could result in the release of refrigerant to the atmosphere.
(B) Covered products shall be presumed to contain refrigerant until recovery is documented and verified by an authorized processor, including those that appear to have lost their refrigerant charge prior to collection.
(C) Recovery shall be performed only by persons holding a current, valid certificate issued pursuant to Section 608 of the federal Clean Air Act (42 U.S.C. Sec. 7661 et seq.) or Section 82.161 of Title 40 of the Code of Federal Regulations.
(D) Recovery shall be performed using certified refrigerant recovery equipment, operated in accordance with manufacturer specifications and procedures approved by the United States Environmental Protection Agency or the Executive Officer of the State Air Resources Board, consistent with Section 95390 of Title 17 of the California Code of Regulations.
(E) No person shall intentionally vent, release, or otherwise discharge refrigerant from a covered product into the atmosphere.
(F) Authorized processors shall take all reasonable precautions to prevent accidental release of refrigerant during collection, handling, and processing, including inspecting covered products for refrigerant circuit integrity prior to mechanical processing.
(2) Minimum standards for leak prevention, system evacuation, storage, transportation, and transfer shall include all of the following:
(A) All covered products shall be treated as containing refrigerant regardless of apparent condition or prior refrigerant loss, consistent with the principles established under Sections 95380 to 95398, inclusive, of Title 17 of the California Code of Regulations.
(B) Covered products shall be handled, stored, and transported in a manner that prevents accidental release of refrigerant prior to recovery.
(C) All storage containers used for recovered refrigerant shall be appropriate for the type of refrigerant recovered and maintained in a manner that prevents leaks or releases during storage and transfer to authorized processors.
(D) Documentation of refrigerant recovery shall accompany each covered product or batch of covered products at each point of transfer between authorized collectors, authorized processors, and reclaimers.
(E) Recovered refrigerant that meets reclamation specifications consistent with Appendix A of Subpart F (commencing with Section 82.150) of Part 82 of Subchapter C of Chapter I of Title 40 of the Code of Federal Regulations shall be transferred to a certified reclaimer.
(F) Recovered refrigerant that does not meet reclamation specifications shall be transferred to a permitted destruction facility and shall not be rereleased, reused, or disposed of by any other means.
(i) A description of how insulating foam will be managed to minimize releases and support lawful recovery, treatment, recycling, reclamation, or destruction.
(j) A description of education and outreach activities to inform consumers, retailers, local jurisdictions, haulers, collectors, dismantlers, processors, and other interested persons about available collection opportunities and lawful end-of-life management requirements. The education and outreach shall include all of the following:
(1) A description of the education and communications for strategy being implemented to effectively promote participation in the stewardship program and provide the information necessary for effective participation by consumers, retailers, distributors, wholesalers, local jurisdictions, and others.
(2) A joint internet website in coordination with all other producer responsibility organizations, as applicable, that publicizes the location of collection sites and provides information to consumers on how to drop off covered products at the free and convenient network of collection sites offered by the producer responsibility organizations, including any information reasonably necessary to safely and conveniently access the collection, repair, and recycling services offered by the producer responsibility organizations.
(3) All signage and materials required for collection sites by the producer responsibility organization, and the method by which collection sites can access replacement materials at no cost to the collection site.
(4) A description of efforts to support participation by all California communities, including a description of efforts to communicate with consumers in languages other than English.
(5) Promotional materials or activities, or both, that explain the purpose of the producer responsibility organization and the means by which it is being carried out.
(6) Materials designed to inform third-party sellers on online platforms of their duty to comply with the law and how to join the producer responsibility organization.
(7) Information to the public on secondhand markets and the benefits of reuse, including repair.
(8) (A) The education and outreach activities shall promote the safe and proper management of covered products, including information on where consumers can purchase repaired and reused covered products. This includes education and training for authorized collectors to incentivize domestic resale of usable covered products.
(B) The education and outreach activities shall not promote the disposal of covered products in a manner inconsistent with the services offered by the producer responsibility plan.
(C) The education and outreach activities shall include information for consumers about how to avoid improper disposal of covered products.
(k) A description of how the producer responsibility plan will ensure that covered products are managed in a manner that minimizes greenhouse gas emissions, hazardous waste release, environmental impacts, environmental justice impacts, and public health impacts.
(l) Performance standards and goals proposed by the producer responsibility organization for collection, access, public education, refrigerant recovery, management of insulating foam, and other measures necessary to implement this chapter.
(m) A description of how the producer responsibility plan will address the presence of PFAS, as defined by Section 108945 of the Health and Safety Code, and other chemicals regulated under Chapter 6.6 (commencing with Section 25249.5) of Division 20 of the Health and Safety Code and Chapter 12.5 (commencing with Section 108945) of, and Chapter 13.5 (commencing with Section 108970) of, Part 3 of Division 104 of the Health and Safety Code.
(n) A description of recordkeeping, auditing, and reporting systems, including chain-of-custody and verification concepts sufficient to support enforcement.
(o) A contingency plan in the event the producer responsibility plan expires or is revoked. The contingency plan shall guarantee that the contracts, financial data, and other necessary authority and assets to operate the stewardship program shall vest in a trustee approved by the department. The trustee shall operate the most recently approved producer responsibility plan, subject to the direction of the department, until a new producer responsibility plan is approved.
(p) Any other information required by the department to determine compliance with this chapter.
(q) A process by which the financial activities of the producer responsibility organization or individual producers that are related to implementation of the producer responsibility plan will be subject to an independent audit consistent with generally accepted accounting principles (GAAP).
5.
Financial Provisions
42670.40.
(a) Each producer responsibility organization shall pay all administrative and operational costs associated with establishing and implementing its portion of the stewardship program, including the costs of collection, transportation, consolidation, dismantling, refrigerant recovery, recycling, reclamation, destruction, and the safe and proper management of covered products.
(b) A producer responsibility organization shall establish a method for fully funding its producer responsibility plan in a manner that distributes the costs among participating producers and reflects sales volumes and eco-modulated fee criteria included in the producer responsibility plan pursuant to Section 42670.34.
(c) A stewardship program shall not require a point-of-sale fee charged to consumers to meet the requirements of this chapter.
(d) A producer responsibility organization shall maintain prudent operating reserves and any other financial assurances required by the department.
(e) Each producer responsibility organization shall pay the department fees to cover the producer responsibility organization’s pro rata share of the department’s actual and reasonable regulatory costs to implement and enforce this chapter. The fees shall be deposited into the Refrigerant Stewardship Recovery Fund.
(f) (1) The Refrigerant Stewardship Recovery Fund is hereby established in the State Treasury.
(2) Upon appropriation by the Legislature, moneys in the Refrigerant Stewardship Recovery Fund shall be expended by the department to implement and enforce this chapter and to reimburse any outstanding loans made from other funds used to finance regulation, development, and startup costs of the department’s activities pursuant to this chapter.
(3) Moneys in the Refrigerant Stewardship Recovery Fund shall not be expended for any purpose other than those specified in this subdivision.
42670.42.
(a) Upon approval of the producer responsibility organization’s plan, the producer responsibility organization shall charge each participating producer annual fees that are eco-modulated as described in the plan.
(b) The intent of the eco-modulated fee is to incentivize design choices that facilitate achievement of the goals outlined in the producer responsibility plan, including improved refrigerant recovery, reduced leakage potential, improved serviceability, improved recyclability, and other product attributes that reduce end-of-life impacts.
(c) The producer responsibility organization shall consider existing producer collection, recovery, refurbishment, and recycling programs in developing the eco-modulated fee structure.
6.
Reporting
42670.50.
(a) A producer responsibility organization shall annually submit to the department, in the form and manner and by the date determined by the department, an annual report and shall make that report publicly available on the producer responsibility organization’s internet website.
(b) The report shall include, at a minimum, all of the following information for the preceding calendar year unless otherwise specified:
(1) The producer responsibility organization’s costs and revenues, including a full accounting of expenditures by category, including, but not limited to, administrative costs, education and outreach costs, operational costs, capital costs, reserve amounts, incentive payments, grants, and market development investments.
(2) A summary of anticipated changes to program allocations for the next calendar year.
(3) Any changes to the distribution of a participating producer’s costs, including any changes to the per-unit eco-modulated fee structure.
(4) The amounts of eco-modulated fees and the producer responsibility organization’s evaluation of the effectiveness of those fees.
(5) An updated list of producers participating in the producer responsibility plan and an updated list of brands of covered products covered under the producer responsibility plan.
(6) A description of whether estimated revenues were sufficient to cover all budgeted costs and maintain the stewardship program’s operations in a prudent and responsible manner.
(7) The amount of reserve funds maintained by the producer responsibility organization during the reporting period, whether the reserve funds were sufficient to operate the producer responsibility plan for not less than six months, and a description of any material drawdown, replenishment, or change in reserve policy.
(8) The amount paid or due to the department for its actual and reasonable regulatory costs pursuant to this chapter.
(9) A list of permanent collection sites and temporary collection sites, by name, location, type, and county, and a description of how the collection network satisfied the convenience standards and geographic distribution requirements of the approved producer responsibility plan.
(10) A description of mail-back services or other alternative collection methods offered under the producer responsibility plan, if any, and data regarding their use.
(11) A description of how collection sites were authorized and managed during the reporting period, including the number and type of authorized collectors, authorized sorters, authorized repair businesses, and authorized processors participating in the producer responsibility plan.
(12) A description of the containers, training, signage, safety guidance, educational materials, and other support provided by the producer responsibility organization to collection sites at no cost to those collection sites.
(13) A description of the transport system used to move covered products from collection sites to authorized sorters, authorized repair businesses, recycling facilities, or other authorized entities.
(14) The quantity of covered products sold in or into the state by producers covered by the producer responsibility plan, in a form determined by the department.
(15) The quantity, type, and geographic distribution of covered products collected, sorted, repaired, reused, recycled, reclaimed, destroyed, disposed of, or otherwise managed under the producer responsibility plan.
(16) Information regarding the number, quantity, or percentage of covered products diverted to reuse, including repair, secondhand markets, refurbishment, or resale, and a description of the steps taken by the producer responsibility organization to prioritize reuse over recycling and disposal.
(17) A description of the incentive payments, grants, and market development investments made under the producer responsibility plan, including the recipient type, general purpose, geographic distribution, and the extent to which those payments or investments supported infrastructure closer to the point of generation.
(18) A description of the actions taken by the producer responsibility organization to maximize reuse and recycling of covered products and to minimize disposal of covered products collected under the producer responsibility plan.
(19) A description of the steps taken by the producer responsibility organization to prioritize, to the extent feasible, the use and development of sorting, repair, and recycling facilities located closer to the point of collection to minimize transportation-related emissions and increase accountability for the ultimate disposition of covered products.
(20) A description of how the producer responsibility organization ensured that covered products were reused or recycled and had responsible and economically viable end markets.
(21) Information regarding refrigerants recovered from covered products, including the quantity recovered, the management pathway used, and the quantity reclaimed, recycled, destroyed, or otherwise managed in compliance with applicable law.
(22) Information regarding compliance with the minimum recovery standards included in the approved producer responsibility plan, including information regarding refrigerant recovery, leak prevention, system evacuation, storage, transportation, transfer, reclamation, recycling, destruction, and, where applicable, the handling and management of insulating foam.
(23) Where feasible, information regarding the quantity of insulating foam managed under the producer responsibility plan and a description of the management methods used to minimize releases and support lawful recovery, treatment, recycling, reclamation, or destruction.
(24) The status of implementation of education and outreach requirements, including all of the following:
(A) Consumer education and communications.
(B) Outreach to retailers, distributors, wholesalers, local jurisdictions, haulers, collectors, dismantlers, processors, online marketplace sellers, and other interested persons.
(C) Efforts to communicate with consumers in languages other than English.
(D) Information provided regarding secondhand markets and the benefits of reuse, including repair.
(E) Information provided to discourage improper disposal of covered products.
(F) Information regarding the joint internet website, including how consumers were informed of collection site locations and access to collection, repair, and recycling services.
(25) A description of all signage, promotional materials, educational materials, and outreach tools made available to collection sites and a description of the process by which collection sites were able to obtain replacement materials at no cost.
(26) A description of the producer responsibility organization’s efforts to support participation by all California communities.
(27) A description of how the plan was implemented in a manner that minimized greenhouse gas emissions, hazardous waste generation, environmental impacts, environmental justice impacts, and public health impacts.
(28) A description of the recordkeeping, auditing, reporting, chain-of-custody, and verification systems used by the producer responsibility organization and participating entities to support compliance and enforcement.
(29) A summary of the results of any independent audit conducted pursuant to subdivision (q) of Section 42670.34, including any findings, deficiencies, or recommendations, and a description of corrective actions taken or planned in response to the audit.
(30) An evaluation of whether the producer responsibility organization has met the requirements and performance standards of this chapter and the approved producer responsibility plan.
(31) Any other information required by the department to determine compliance.
(c) All reports and records provided to the department pursuant to this chapter shall be provided under penalty of perjury.
42670.52.
(a) No later than 120 days after the date the department receives the annual report submitted by a producer responsibility organization pursuant to Section 42670.50, the department shall notify the producer responsibility organization if the annual report is compliant or noncompliant.
(b) If the department determines that the annual report is noncompliant due to failure to meet the requirements of this chapter, the department may require the resubmittal of the annual report or take enforcement action.
42670.54.
(a) A producer responsibility organization shall review its producer responsibility plan at least every five years after approval.
(b) If the producer responsibility organization determines that revisions to its producer responsibility plan are necessary, the producer responsibility organization shall submit a revised producer responsibility plan to the department for review and approval pursuant to Section 42670.30.
(c) If the producer responsibility organization determines that no revisions to its producer responsibility plan are necessary, the producer responsibility organization shall send a letter to the department explaining that the producer responsibility organization has reviewed its producer responsibility plan and determined that no revisions are needed. The department may disapprove the producer responsibility organization’s determination within 30 days of receipt if the department concludes that the producer responsibility organization cannot implement the objectives of this chapter without revising the producer responsibility plan.
7.
Department Responsibilities
42670.60.
The department may establish, review, and adjust performance standards and the dates by which they are required to be achieved based on information included in a producer responsibility plan or annual report, other information provided by the producer responsibility organization, economic information, waste characterization studies, and any other relevant information, including performance standards related to refrigerant recovery, blowing-agent management, collection access, and verification of lawful end-of-life management.
42670.62.
(a) The department shall post on its internet website a list of producers that are in compliance with this chapter, with the brands and covered products that are in compliance with this chapter.
(b) A producer that demonstrates compliance with this chapter after the most recent list is posted on the department’s internet website may be added to the department’s internet website or may be provided a certificate from the department stating that the producer is in compliance with this chapter.
(c) The list described in subdivision (a) shall be available in a machine-readable format.
42670.64.
In implementing this chapter, the department shall consult with the Department of Toxic Substances Control and the State Air Resources Board. Nothing in this chapter alters, limits, or supersedes the authority of the Department of Toxic Substances Control, the State Air Resources Board, or any other state agency under any other law.
8.
Enforcement and Penalties
42670.70.
(a) A retailer, importer, distributor, or wholesaler shall not sell, distribute, offer for sale, or import a covered product in or into the state for sale in the state unless the producer of the covered product is listed as in compliance pursuant to Section 42670.62.
(b) A retailer is not in violation of this section for selling or offering for sale a covered product if the producer of the covered product is listed as compliant on the department’s internet website at the time the product was ordered or offered for sale.
42670.72.
(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 provision of this chapter:
(1) Ten thousand dollars ($10,000) per day.
(2) Fifty thousand dollars ($50,000) per day if the violation is intentional or knowing.
(b) In assessing or reviewing the amount of an administrative civil penalty imposed pursuant to subdivision (a) for a violation of this chapter, all of the following shall be considered:
(1) The nature and extent of the violation.
(2) The number and severity of the violation or violations.
(3) The economic effect of the penalty on the violator.
(4) Whether the violator took good faith measures to comply with this chapter and the period of time over which these measures were taken.
(5) The willfulness of the violator’s misconduct.
(6) The deterrent effect that the imposition of the penalty would have on both the violator and the regulated community.
(7) Any other factor that justice may require.
(c) The department shall establish, through regulations adopted pursuant to Section 42670.04, a process that shall include an informal hearing process by which the penalties will be assessed.
(d) The department shall deposit all penalties collected pursuant to this section into the Refrigerant Stewardship Recovery Penalty Account, which is hereby created in the Refrigerant Stewardship Recovery Fund. Upon appropriation by the Legislature, moneys in the Refrigerant Stewardship Recovery Penalty Account shall be available for expenditure by the department on activities related to the collection and recycling of covered products, grants for related purposes, and the administration and enforcement of this chapter.
(e) The Administrative Adjudication Bill of Rights, as set forth in Article 6 (commencing with Section 11425.10) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of the Government Code, applies to hearings conducted under this chapter and mandates minimum due process.
42670.74.
Upon a written finding that a producer, producer responsibility organization, distributor, retailer, importer, authorized collector, or authorized processor has not met a material requirement of this chapter, and after affording the entity a reasonable opportunity to respond to or rebut the finding, the department may do one or both of the following:
(a) Revoke the approval for the producer responsibility organization’s producer responsibility plan or require the producer responsibility organization to resubmit its producer responsibility plan.
(b) Require additional reporting relating to compliance with the material requirement that was not met.
42670.76.
(a) A producer, producer responsibility organization, distributor, retailer, importer, authorized collector, or authorized processor shall do both of the following:
(1) Upon request, provide the department with reasonable and timely access to its facilities and operations, as necessary to determine compliance with this chapter.
(2) Upon request, provide the department with records necessary to determine compliance with this chapter.
(b) Records required by this chapter shall be maintained and accessible for not fewer than five years.
(c) The department may impose administrative civil penalties pursuant to Section 42670.72 on an entity that fails to provide access or records required by this section.
(d) The department may post a notice on the internet website maintained pursuant to Section 42670.62 stating that a producer that fails to provide access or records required by this section is no longer in compliance with this chapter.
42670.78.
After the time for judicial review has expired, the department may apply to the appropriate court for a judgment to collect any unpaid civil penalties or to enforce any other remedy provided by this chapter.
9.
Antitrust Immunity
42670.80.
(a) Except as provided in subdivision (c), an action that is taken by a producer or producer responsibility organization is not a violation of the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), the Unfair Practices Act (Chapter 4 (commencing with Section 17000) of Part 2 of Division 7 of the Business and Professions Code), or the Unfair Competition Law (Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code) to the extent the producer or producer responsibility organization is exercising authority pursuant to this chapter.
(b) Subdivision (a) applies to all of the following actions taken by a producer responsibility organization:
(1) The creation, implementation, or management of a producer responsibility plan approved or conditionally approved by the department pursuant to Article 4 (commencing with Section 42670.30) and the determination of the types or quantities of covered products recycled or otherwise managed pursuant to the producer responsibility plan.
(2) The determination of the cost and structure of an approved producer responsibility plan.
(3) The establishment, administration, collection, or disbursement of a charge associated with funding the implementation of this chapter.
(c) Subdivision (a) does not apply to an agreement that does any of the following:
(1) Fixes a price of or for covered products.
(2) Fixes the output or production of covered products.
(3) Restricts the geographic area in which, or customers to whom, covered products will be sold.
SEC. 2.
The Legislature finds and declares that Section 1 of this act, which adds Section 42670.30 to the Public Resources Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
It is in the best interest of the public to provide limited protection of certain financial and sales data of program participants in order to protect confidential business information and commercially sensitive data.
SEC. 3.
No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.