California Legal Codes and Statutes

Article 2 - Producers and Producer Responsibility Organizations

California Public Resources Code — §§ 42968.20-42968.24

Sections (6)

§ 42968.2

Added by Stats. 2024, Ch. 675, Sec. 1. (AB 863) Effective January 1, 2025.

Notwithstanding any other law, the California Environmental Quality Act (Division 13 (commencing with Section 21000)) shall not apply to the requirements of this chapter, including the adoption of a producer responsibility plan, the determination of whether the producer responsibility organization’s annual report is compliant, or the performance standards published by the department pursuant to Sections 42968.32 and 42968.34.

§ 42968.20

Added by Stats. 2024, Ch. 675, Sec. 1. (AB 863) Effective January 1, 2025.

(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 membership in the producer responsibility organization.
(b)No later than 30 days after the effective date of regulations, each producer or the producer responsibility organization on behalf of the producers it represents shall notify the department, in writing, that the producer intends to register with the producer responsibility organization, which will submit a producer responsibility plan to the department.
(c)Each producer covered under the producer responsibility organization shall register with the producer

responsibility organization in accordance with the procedures and requirements established by the producer responsibility organization and shall comply with those procedures and requirements.

§ 42968.21

Added by Stats. 2024, Ch. 675, Sec. 1. (AB 863) Effective January 1, 2025.

(a)The department shall approve a producer responsibility organization if it meets the requirements of this chapter, including all of the following:
(1)A governing board consisting of producers that represent the diversity of covered products placed in the market by those entities. The governing board shall include nonvoting members with representation from the following types of entities:
(A)A circular economy environmental nongovernmental organization.
(B)A retailer that sells covered products.
(C)A labor representative from a floor covering

joint apprenticeship program in northern California that is approved by the Division of Apprenticeship Standards.

(D)A labor representative from a floor covering joint apprenticeship program in southern California that is approved by the Division of Apprenticeship Standards.
(2)The producer responsibility organization shall demonstrate in its producer responsibility plan that it has adequate financial responsibility and financial controls in place, including fraud prevention measures and an audit schedule, to ensure proper management of funds.
(3)The activities of the producer responsibility organization are limited to carrying out the requirements of this chapter.
(b)In the event that the department determines that the producer responsibility

organization no longer meets the requirements of this chapter or fails to implement or administer an approved producer responsibility plan in a manner that effectuates the purposes of this chapter, the department may revoke its approval of the producer responsibility plan and may approve another producer responsibility plan pursuant to Section 42968.72.

(c)(1) Upon approval of a producer responsibility plan pursuant to Section 42968.30, or commencing January 1, 2029, whichever is sooner, a producer shall not sell, offer for sale, import, or distribute a covered product in the state unless all the following are met:

(A) The producer is a participant of the producer responsibility organization.

(B) The covered product is accounted for in the producer responsibility plan.

(C) The department has approved the producer responsibility plan.

(2)If a person does not qualify as a producer and is not subject to this chapter before January 1, 2029, but, after January 1, 2029, meets the definition of a producer, then that person shall become a participant of the producer responsibility organization and comply with the requirements of this chapter prior to beginning to sell, offer for sale, import, or distribute covered products in the state.
(d)A producer not in compliance with this chapter is subject to penalties pursuant to this chapter if a covered product sold or offered for sale by the producer is not subject to a producer responsibility plan that has been approved by the department pursuant to Section 42968.30.
§ 42968.22

Added by Stats. 2024, Ch. 675, Sec. 1. (AB 863) Effective January 1, 2025.

(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 department, all the following:
(1)The producer’s contact information, including its name, physical and mailing addresses, email address, and phone number.
(2)A list of covered products and brands of covered products that the producer sells, distributes for sale, imports for sale, or offers for sale in or into the state.
(b)A producer shall update the information described in subdivision (a) and provide the updated information to the department on or before

January 15 of each year, within 30 days of changes to the information, and upon request of the department.

§ 42968.23

Added by Stats. 2024, Ch. 675, Sec. 1. (AB 863) Effective January 1, 2025.

(a)The producer responsibility organization shall establish a method for fully funding the producer responsibility organization in a manner that equitably distributes the producer responsibility organization’s costs among participating producers, reflecting California sales volumes. The funding mechanism shall demonstrate adequate funding for all administrative and operational costs of the producer responsibility plan, to be borne by participating producers, and modulate the distribution of participating producers’ costs based on the cost of managing their specific covered products according to the approved producer responsibility plan.
(b)(1) The producer responsibility organization shall include as an approved

collection site under its producer responsibility plan a solid waste facility that offers in writing to participate in the producer responsibility plan and agrees to comply with any program operator requirements that are consistent with the approved producer responsibility plan.

(2)The producer responsibility organization shall include the solid waste facility as an approved collection site within 90 days of receiving the written offer to participate, confirming that the offering entity will comply with any producer responsibility organization requirements that are consistent with an approved producer responsibility plan.
(3)The producer responsibility organization shall not be required to respond to offers pursuant to this subdivision until its producer responsibility plan has been approved by the department.
(c)The producer responsibility organization may suspend or terminate use of an approved 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 pursuant to subdivision (h) of Section 42968.32.
(d)A participant of the 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 required by this

chapter.

(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.
§ 42968.24

Added by Stats. 2024, Ch. 675, Sec. 1. (AB 863) Effective January 1, 2025.

(a)The producer responsibility organization shall conduct a transparent and public consultation process with interested parties that may be impacted by this chapter, including, but not limited to, producers, wholesalers, retailers, service providers, consumers, local governments, installers, and public interest groups for all of the following activities:
(1)The development of a producer responsibility plan pursuant to Section 42968.30, which shall include at least two public workshops.
(2)The revision of a producer responsibility plan pursuant to Section 42968.30, which shall include at least two public workshops.
(b)The submittal of an annual report pursuant to Section 42968.62, which shall include at least one public workshop, that is conducted within 30 days after the submittal of each annual report.
(c)The producer responsibility organization shall provide no fewer than 20 days advanced public notice to interested parties to participate in a public workshop. The public notice shall clearly articulate the purpose of the participation, including, but not limited to, the topics that will be discussed.