| Last Version Text |
<?xml version="1.0" ?>
<ns0:MeasureDoc xmlns:html="http://www.w3.org/1999/xhtml" xmlns:ns0="http://lc.ca.gov/legalservices/schemas/caml.1#" xmlns:ns3="http://www.w3.org/1999/xlink" xmlns:xsi="http://www.w3.org/2001/XMLSchema-instance" version="1.0" xsi:schemaLocation="http://lc.ca.gov/legalservices/schemas/caml.1# xca.1.xsd">
<ns0:Description>
<ns0:Id>20250SB__056197AMD</ns0:Id>
<ns0:VersionNum>97</ns0:VersionNum>
<ns0:History>
<ns0:Action>
<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2025-02-20</ns0:ActionDate>
</ns0:Action>
<ns0:Action>
<ns0:ActionText>AMENDED_SENATE</ns0:ActionText>
<ns0:ActionDate>2025-04-07</ns0:ActionDate>
</ns0:Action>
<ns0:Action>
<ns0:ActionText>AMENDED_ASSEMBLY</ns0:ActionText>
<ns0:ActionDate>2025-06-23</ns0:ActionDate>
</ns0:Action>
</ns0:History>
<ns0:LegislativeInfo>
<ns0:SessionYear>2025</ns0:SessionYear>
<ns0:SessionNum>0</ns0:SessionNum>
<ns0:MeasureType>SB</ns0:MeasureType>
<ns0:MeasureNum>561</ns0:MeasureNum>
<ns0:MeasureState>AMD</ns0:MeasureState>
</ns0:LegislativeInfo>
<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Senator Blakespear</ns0:AuthorText>
<ns0:Authors>
<ns0:Legislator>
<ns0:Contribution>LEAD_AUTHOR</ns0:Contribution>
<ns0:House>SENATE</ns0:House>
<ns0:Name>Blakespear</ns0:Name>
</ns0:Legislator>
</ns0:Authors>
<ns0:Title>An act to add Article 16 (commencing with Section 25258.25) to Chapter 6.5 of Division 20 of the Health and Safety Code, relating to hazardous waste.</ns0:Title>
<ns0:RelatingClause>hazardous waste</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>Hazardous waste: Emergency Distress Flare Safe Disposal Act.</ns0:Subject>
</ns0:GeneralSubject>
<ns0:DigestText>
<html:p>
(1)
<html:span class="EnSpace"/>
Under existing law, as part of the hazardous waste control laws, the Department of Toxic Substances Control (DTSC) generally regulates the management and handling of hazardous waste and hazardous materials. Except as specified, a violation of the hazardous waste control laws is a crime.
</html:p>
<html:p>This bill would create a manufacturer responsibility program for the safe and proper management of emergency distress flares. The bill would define “covered product” to include certain pyrotechnic devices that meet the criteria for household hazardous waste, as specified. The bill would require a manufacturer of a covered product, individually or through a manufacturer responsibility organization, to develop and implement a manufacturer responsibility plan for the collection, transportation, and the safe and proper management of
covered products, as specified. The bill would establish a process and timeline for DTSC to review and approve, disapprove, or conditionally approve a plan and for the implementation of an approved plan. The bill would require that an approved plan be published on DTSC’s internet website, except for specified manufacturer data that would not be open to public inspection. The bill would require, on or before January 1, 2027, DTSC to adopt regulations to implement the act.</html:p>
<html:p>This bill would require a manufacturer or manufacturer responsibility organization to prepare and submit to DTSC and make publicly available an annual report describing the activities carried out pursuant to the plan. The bill would require the annual report to include an application for renewal of the manufacturer’s responsibility plan. The bill would require all reports and records provided to DTSC pursuant to the act to be provided under the penalty of perjury. By expanding the scope of a crime,
the bill would impose a state-mandated local program.</html:p>
<html:p> This bill would require a manufacturer or manufacturer responsibility organization to pay DTSC all actual and reasonable regulatory costs for DTSC to implement and enforce the act, as provided. The bill would authorize DTSC to use funds appropriated for purposes that are consistent with this act to implement and enforce the act and would require DTSC to repay those funds, as specified below. The bill would establish the Marine Flare Recovery Fund in the State Treasury and would require the charges collected by DTSC to be deposited into that account for expenditure by DTSC, upon appropriation by the Legislature, to cover DTSC’s cost to implement and enforce the act and to repay the use of specified funds, as described above.</html:p>
<html:p>This bill would prohibit a manufacturer, retailer, dealer, importer, or distributor from selling, distributing, offering for sale, or importing a
covered product in or into the state that contains perchlorate.</html:p>
<html:p>By adding new requirements to the hazardous waste control laws, this bill would expand the scope of a crime and would impose a state-mandated local program.</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>This bill would make legislative findings to that effect.</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>This bill would provide that no reimbursement is required by this act for a specified reason.</html:p>
</ns0:DigestText>
<ns0:DigestKey>
<ns0:VoteRequired>MAJORITY</ns0:VoteRequired>
<ns0:Appropriation>NO</ns0:Appropriation>
<ns0:FiscalCommittee>YES</ns0:FiscalCommittee>
<ns0:LocalProgram>YES</ns0:LocalProgram>
</ns0:DigestKey>
<ns0:MeasureIndicators>
<ns0:ImmediateEffect>NO</ns0:ImmediateEffect>
<ns0:ImmediateEffectFlags>
<ns0:Urgency>NO</ns0:Urgency>
<ns0:TaxLevy>NO</ns0:TaxLevy>
<ns0:Election>NO</ns0:Election>
<ns0:UsualCurrentExpenses>NO</ns0:UsualCurrentExpenses>
<ns0:BudgetBill>NO</ns0:BudgetBill>
<ns0:Prop25TrailerBill>NO</ns0:Prop25TrailerBill>
</ns0:ImmediateEffectFlags>
</ns0:MeasureIndicators>
</ns0:Description>
<ns0:Bill id="bill">
<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
<ns0:BillSection id="id_D292AB70-6BF3-4DA6-868A-777804E3C37B">
<ns0:Num>SECTION 1.</ns0:Num>
<ns0:ActionLine action="IS_ADDED" ns3:href="urn:caml:codes:HSC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'20.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'6.5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'16.'%5D)" ns3:label="fractionType: LAW_SPREAD||commencingWith: 25258.25" ns3:type="locator">
Article 16 (commencing with Section 25258.25) is added to Chapter 6.5 of Division 20 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
, to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawHeading id="id_E3F32206-BDAF-479C-9FC7-E17F149FC6F2" type="ARTICLE">
<ns0:Num>16.</ns0:Num>
<ns0:LawHeadingVersion id="id_6CCAB4BF-75CD-4A3D-82AB-9C79910962F6">
<ns0:LawHeadingText>Emergency Distress Flare Safe Disposal Act</ns0:LawHeadingText>
</ns0:LawHeadingVersion>
<ns0:LawSection id="id_8E565F89-6806-4F9A-B322-71249E88E9E8">
<ns0:Num>25258.25.</ns0:Num>
<ns0:LawSectionVersion id="id_8553B03D-33B5-4D62-AE83-0BF0154D30C1">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
This article shall be known, and may be cited, as the Emergency Distress Flare Safe Disposal Act.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The purpose of this article is to provide for the safe and proper management of pyrotechnic marine flares, which pose significant threats to health and safety and may cause significant and costly damage to the environment when managed improperly.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
<ns0:LawSection id="id_08B021E7-B9C9-4BD4-B8A5-6D80FACBF8F8">
<ns0:Num>25258.26.</ns0:Num>
<ns0:LawSectionVersion id="id_B8E0474E-A215-4B9E-AF1C-696A79720C66">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The department may adopt, amend, or repeal, in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), regulations to implement this article. On or before January 1, 2027, the department shall adopt regulations to implement this
article.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
All documents required to be submitted to the department pursuant to this article shall be submitted in the form and manner prescribed by the department in regulations.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
<ns0:LawSection id="id_7EF6C6C9-6476-43C6-A65E-418A67CF6FF7">
<ns0:Num>25258.27.</ns0:Num>
<ns0:LawSectionVersion id="id_2F016D0E-9E91-4A6E-9799-284F6E66048A">
<ns0:Content>
<html:p>For purposes of this article, the following definitions apply:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
“Approved manufacturer responsibility plan” means a manufacturer responsibility plan that has been approved by the department pursuant to Section 25258.29 and that has not been subsequently disapproved by the department pursuant to Section 25258.32.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A conditionally approved manufacturer responsibility plan is an approved manufacturer responsibility plan, except as used in Section 25258.29.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A partially approved manufacturer responsibility plan is not an
approved manufacturer responsibility plan.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
“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.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
“Collection site” means a permanent or temporary location where a covered product is collected and prepared for transport in accordance with the requirements of this article.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
“Consumer” means a person who owns a covered product and includes the ultimate purchaser, owner, or lessee of a covered product, who is not, as to that covered product, the distributor, importer, manufacturer, retailer, or treatment facility.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
“Contact information” means name, physical address, mailing address, email address, and telephone number.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
“Covered product” means a product that meets all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Is a pyrotechnic device that produces a brilliant light or a plume of colorful smoke as a visual distress signal, including, but not limited to, on a marine vessel, to attract attention and pinpoint a person’s location in an emergency.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
At the time of disposal, meets the criteria for household hazardous waste, as defined by Section 25218.1.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Is
</html:p>
<html:p> a flare used on a vessel that is manufactured or operated primarily for pleasure, or leased, rented or chartered to another for the pleasure of that person, excluding passenger vessels, small passenger vessels, and vessels used for competition.</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Covered product” includes a flare that contains perchlorate.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
“Distributor” means a person that has a contractual relationship with one or more manufacturers to market and sell covered products to retailers.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
“Importer” means either of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A person qualifying as an importer of record for purposes of Section 1484(a)(2)(B) of Title 19 of the United States Code regarding 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.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
“Manufacturer” means a person who manufactures a covered product and who sells, offers for sale, or distributes a covered product into the state under the person’s own name or brand.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If there is no person in the state who is the manufacturer for purposes of paragraph (1), the manufacturer of the covered product is the owner or exclusive licensee of a brand under which the covered product is sold or
distributed into the state. For purposes of this subdivision, an exclusive licensee is a person holding the exclusive right to use a brand in the state in connection with the manufacture, sale, or distribution for sale in or into the state of the covered product.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If there is no person in the state who is the manufacturer for purposes of paragraph (1) or (2), the manufacturer of the covered product is the importer.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
If there is no person in the state who is the manufacturer for purposes of paragraph (1), (2), or (3), the manufacturer of the covered product is the distributor, retailer, dealer, or wholesaler who sells the product in or into the state.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
For purposes of this article, 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.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
“Manufacturer responsibility organization” means an organization that is exempt from taxation under Section 501(c)(3) of the federal Internal Revenue Code of 1986 that is appointed by two
or more manufacturers to act as an agent on behalf of all manufacturers to design, submit, and administer a manufacturer responsibility plan pursuant to this chapter.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
“Manufacturer responsibility plan” means the plan developed by a manufacturer or a manufacturer responsibility organization for the collection, transportation, and the safe and proper management of covered products pursuant to this article.
</html:p>
<html:p>
(l)
<html:span class="EnSpace"/>
“Retailer” means a person who 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.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
<ns0:LawSection id="id_47444DB4-AD0D-42FD-9A6D-D754A7104D7E">
<ns0:Num>25258.28.</ns0:Num>
<ns0:LawSectionVersion id="id_DFDF659E-C3DC-4595-9016-00374A9D4CF4">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Except as provided in paragraph (2), a manufacturer shall submit to the department a manufacturer responsibility plan within one year of the adoption of the regulations described in Section 25258.26, but no later than January 1, 2028.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If there is more than one
manufacturer, then those manufacturers shall form and join a single manufacturer responsibility organization, which shall submit a single manufacturer responsibility plan on behalf of all manufacturers. The activities of the manufacturer responsibility organization shall be limited to carrying out the requirements of this article.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
A manufacturer, retailer, dealer, importer, or distributor shall not sell, distribute, offer for sale, or import a covered product in or into the state that contains perchlorate, as defined in Section 25210.5.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
<ns0:LawSection id="id_CB957D12-CE49-4546-B064-85758BE0CB82">
<ns0:Num>25258.29.</ns0:Num>
<ns0:LawSectionVersion id="id_8DFECB43-C94F-4CCA-963C-177246473105">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The department shall review a manufacturer responsibility plan for compliance with this article. As part of the review of a manufacturer responsibility plan, the department shall include a discussion of the manufacturer responsibility plan on an agenda for a regularly scheduled department board meeting. Within 90 calendar days of receipt of the manufacturer responsibility plan from a manufacturer or the manufacturer responsibility organization, the department shall respond with an approval, disapproval, conditional approval, request for additional information, or timeline for a decision on approval or disapproval.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
If the department approves a manufacturer
responsibility plan, a revised manufacturer responsibility plan, or a conditionally approved manufacturer responsibility plan, then the department shall notify the manufacturer or manufacturer responsibility organization of the approval. The manufacturer or manufacturer responsibility organization shall implement the approved manufacturer responsibility plan within 90 days of receipt of the notice of approval, or as otherwise agreed to by the department.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
If the department conditionally approves the manufacturer responsibility plan, then the department shall explain, in writing, how the manufacturer responsibility plan or parts of the manufacturer responsibility plan do not comply with this article, and the manufacturer or manufacturer responsibility organization shall ensure the conditions are met.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
If the department disapproves the manufacturer responsibility plan, the department shall explain, in writing, how the manufacturer responsibility plan does not comply with this article, and the manufacturer or manufacturer responsibility organization shall submit a revised manufacturer responsibility plan to the department within 45 days of receipt of the disapproval. The department shall have 60 days, from receipt, to review a revised manufacturer responsibility plan. If the department does not approve or conditionally approve the revised manufacturer responsibility plan, then a manufacturer or a manufacturer responsibility organization is not in compliance with this article.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
An approved manufacturer responsibility plan shall be a public record published on the department’s internet website, except that financial,
production, or sales data reported by the manufacturer to the department for purposes of the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) 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 entity.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
A manufacturer or manufacturer responsibility organization shall implement its approved manufacturer responsibility plan.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
The department shall publish on the department’s internet website, a list of the names of manufacturers that are compliant with this chapter. The department shall list, as appropriate, the reported brands of covered products for each
manufacturer.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
<ns0:LawSection id="id_22BC4621-F655-466F-9FD8-05590A295F2E">
<ns0:Num>25258.30.</ns0:Num>
<ns0:LawSectionVersion id="id_6D037C60-5CC0-40DB-A499-C3490C780C07">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
A manufacturer responsibility plan shall include all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The contact information for each manufacturer covered by the manufacturer responsibility plan.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A list of covered products and brands of covered products that each manufacturer covered by the manufacturer responsibility plan sells, distributes for sale, imports for sale, or offers for sale in or into the state.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
An explanation of how the manufacturer or manufacturer responsibility organization has and will engage with stakeholders in the state to develop and
implement the manufacturer responsibility plan.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
A detailed plan to meet performance standards with associated metrics, and the dates by which the performance standards will be achieved for the performance standards categories identified by the department pursuant to Section 25258.31.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
A detailed plan for the management of collection sites, including all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
How the manufacturer or manufacturer responsibility organization will provide a free and convenient collection system for covered products, which may include permanent
collection sites and shall include temporary collection sites.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
How the manufacturer or manufacturer responsibility organization will provide the collection sites, at no cost to consumers or other entities involved in the collection, the appropriate training, signage, safety guidance, educational materials, and any other items or information necessary for the safe collection and temporary storage of covered materials.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The process by which the manufacturer or manufacturer responsibility organization will provide for the transport of covered products from the collection sites, including transportation costs, the entities involved in transportation, and the final destination of covered products.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
A list of
all proposed rules, conditions, and requirements for collection sites and treatment facilities, including a template proposed agreement for each of those types of entities as applicable.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
A schedule for collection events at temporary collection sites, including both of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
One collection event in each coastal county each year until January 1, 2029.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
One collection event in each county bordering Lake Tahoe each year until January 1, 2029.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
An explanation of the process by which collected covered products will be handled and managed following
collection, including all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
An explanation of how covered products will be handled and managed according to the waste management practices specified in Section 40051 of the Public Resources Code, including an explanation of how the manufacturer or manufacturer responsibility organization will use the best available management technologies.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
An explanation of the annual assessment the manufacturer or manufacturer responsibility organization will conduct and the metrics it will use to determine how collection, sorting, transportation, and management outcomes aligned with projections.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
An explanation of how the manufacturer or manufacturer responsibility organization will achieve an equitable
and circular system that improves the collection, processing, and management operations for covered products, including, but not limited to, pilot programs to test new processes, methods, or equipment.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
An explanation of criteria for the reuse of a collected covered product.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
A description of a comprehensive statewide education and outreach program designed to educate consumers and promote participation in the program offered by the manufacturer or manufacturer responsibility organization. A manufacturer or manufacturer responsibility organization is encouraged to work with existing education and outreach materials from the Division of Boating and Waterways and other relevant agencies. The comprehensive statewide education and outreach program shall do all of the
following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Promote the safe and proper management of covered products and shall not promote the disposal of covered products in a manner inconsistent with the services offered by the manufacturer responsibility plan.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Include information for consumers on how to avoid improper disposal of covered products.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Include a description of the education and outreach efforts to various audiences, including, but not limited to, consumers, to promote their participation in achieving the purposes of the manufacturer responsibility plan. These education and outreach materials shall include, but not be limited to, all of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
An internet website
that publicizes the entire process for collection, including collection location sites, in addition to any other information necessary to consumers for the safe collection and handling of covered products.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Signage at point of sale and in marinas that is prominently displayed and easily visible.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
All signage and material required for collection sites by the manufacturer or manufacturer responsibility organization, and the method by which the collection sites can access replacement materials at no cost to the collection site.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
Promotional materials, activities, or both that explain the purpose of the manufacturer responsibility plan and the means by which the manufacturer or manufacturer responsibility
organization is managing covered products.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
A description of strategies, goals, and metrics the manufacturer or manufacturer responsibility organization will use to annually assess and evaluate the efficacy of the comprehensive statewide education and outreach program.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
Written certification by an authorized representative of the manufacturer or manufacturer responsibility organization that states that, at the time of submission to the department, all aspects of the manufacturer responsibility plan are in compliance with all applicable state and federal laws and regulations.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
A manufacturer responsibility plan shall be developed to accept and manage covered products at the end of their useful life. An
expiration date on a covered product shall be determinative of its useful life.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A manufacturer shall not be required to accept or manage a covered product for which it is not the manufacturer.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A manufacturer responsibility organization shall not be required to accept or manage a covered product for which none of its manufacturers is the manufacturer.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
<ns0:LawSection id="id_F033C714-CDA9-4BED-BC6C-B2DD60531CB9">
<ns0:Num>25258.31.</ns0:Num>
<ns0:LawSectionVersion id="id_0EC76645-8EFF-448E-8D37-171570894AF9">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The department shall establish performance standards for a manufacturer responsibility plan.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Performance standards categories shall include, but not be limited to, collection of the covered product.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The performance standards shall specify dates for compliance.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The department may adjust performance standards and compliance dates based on information included in a manufacturer responsibility plan and annual reports, other information provided by a manufacturer or manufacturer responsibility organization, department waste
characterization studies, economic information, and any other relevant information.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Performance standards published by the department pursuant to this section shall not be subject to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
A manufacturer or manufacturer responsibility organization shall meet the performance standards established by the department.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
<ns0:LawSection id="id_C3907867-BDC4-4D10-827B-F6A340F7390E">
<ns0:Num>25258.32.</ns0:Num>
<ns0:LawSectionVersion id="id_C47E4E86-2F1B-415A-8FCA-135E74F12BCB">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
On or before March 1, 2028, and on or before March 1 of each year thereafter, a manufacturer or manufacturer responsibility organization shall submit to the department, and make publicly available, an annual report that includes all of the following information for the preceding calendar year:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Any proposed changes to the approved manufacturer responsibility plan and an explanation for those proposed changes.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
An estimate of the number of covered products sold in or into the state by the manufacturer or the manufacturer responsibility organization’s manufacturers, as determined by the best available commercial
data.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The number of collection sites, listed by name, location, and type, from which covered products were collected.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The number, by brand, of covered products collected from each collection site and the total number, by brand, of covered products collected.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The number, by brand and location, of covered products that the manufacturer or manufacturer responsibility organization did not accept for collection because the manufacturer or the manufacturer responsibility organization’s manufacturers were not the manufacturer of those
covered products.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
A complete accounting of the ultimate disposition of all covered products collected by the manufacturer or manufacturer responsibility organization, including the total weight of materials that were disposed of.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Metrics and a description of the progress toward attaining the performance standards included in the approved manufacturer responsibility plan.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
An evaluation of the effectiveness of methods and processes used to achieve the performance goals of the approved manufacturer responsibility plan.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
A description of methods used to collect, transport, and manage covered products by the manufacturer or manufacturer responsibility
organization, including a description of both of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
How the manufacturer or manufacturer responsibility organization handled and managed covered products according to the waste management practices hierarchy described in Section 40051 of the Public Resources Code.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Results of the assessment of the efficacy of the collection and transportation process pursuant to paragraph (5) of subdivision (a) of Section 25258.30.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
A description of how the manufacturer or manufacturer responsibility organization improved the convenience of
collection and improved processing operations for covered products, including, but not limited to, pilot programs to test new processes, methods, or equipment.
</html:p>
<html:p>
(11)
<html:span class="EnSpace"/>
A summary of the public education used to promote consumer knowledge of the program, including the evaluation of the efficacy of the comprehensive statewide education and outreach program pursuant to paragraph (7) of subdivision (a) of Section 25258.30.
</html:p>
<html:p>
(12)
<html:span class="EnSpace"/>
Any other information required by regulation.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
No later than 90 days after receipt of an annual report, the department shall include discussion of the annual report on an agenda for a regularly scheduled department board meeting.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
No later than 120 days after receipt of an annual report, and after completion of the department board meeting described in paragraph (1), the department shall notify the manufacturer or manufacturer responsibility organization if the annual report is compliant or noncompliant with subdivision (a).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If the department determines that the annual report is noncompliant due to failure to meet the requirements of subdivision (a), the department may require the resubmittal of the annual report and may take enforcement action pursuant to Article 8 (commencing with Section 25180).
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The department may consult with or submit the annual report to a state agency or department if it determines it is necessary for making a determination of compliance or noncompliance of an annual
report. The duration of time the department takes for this consultation shall not be included in the time allotted to the department for review pursuant to paragraph (1).
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The annual report shall also include an application to renew an approved manufacturer responsibility plan. The application shall include a manufacturer responsibility plan that meets the requirements of Section 25258.30 and shall include the changes proposed in the annual report. Section 25258.29 shall apply to the review of the application as if the application were a manufacturer responsibility plan.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A manufacturer or manufacturer responsibility organization shall continue to comply with its approved manufacturer responsibility plan until the department approves or conditionally approves
the application to renew an approved manufacturer responsibility plan.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If the department disapproves an application to renew an approved manufacturer responsibility plan, then the manufacturer or manufacturer responsibility organization’s manufacturers shall not be in compliance with this article until the department subsequently approves or conditionally approves a manufacturer responsibility plan submitted by the manufacturer or manufacturer responsibility organization.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
<ns0:LawSection id="id_064434D1-1DA8-44FB-B721-A3875186B9EE">
<ns0:Num>25258.33.</ns0:Num>
<ns0:LawSectionVersion id="id_2BDFBA32-A2F5-4906-B041-A222A825F8B5">
<ns0:Content>
<html:p>A manufacturer responsibility organization shall do all of the following:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
Include in its manufacturer responsibility plan a budget that does all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Establishes a method for fully funding its manufacturer responsibility plan in a manner that equitably distributes the manufacturer responsibility plan’s costs among participating manufacturers that reflects sales volumes and the cost to manage the covered products the manufacturer produces.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Establishes a funding level sufficient to operate the manufacturer
responsibility organization in a prudent and responsible manner and demonstrates how the manufacturer responsibility organization’s estimated revenues cover all the manufacturer responsibility organization’s budgeted costs for each cost category. Budgeted costs shall include, but not be limited to, administrative costs, capital costs, and a reserve.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Administrative costs shall include the costs described in subdivision (b) of Section 25258.34.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The reserve shall include funds to operate the manufacturer responsibility organization should there be unexpected events, losses of income, or large unbudgeted expenses. It shall also protect the infrastructure the manufacturer responsibility organization relies on in the manufacturer responsibility plan during any lapse in
manufacturer participation during the life of the program. The reserve cost category shall include a reserve level amount description justifying the reserve level amount indicated. The
manufacturer responsibility organization shall maintain reserve funds sufficient to operate the manufacturer responsibility plan for not less than six months. In the event that a new manufacturer responsibility organization is approved by the department, the manufacturer responsibility organization shall establish its reserve and maintain the required reserve fund balance by the end of the second year of manufacturer responsibility plan operation. In the event the manufacturer responsibility organization’s plan expires, the reserve balance shall be transferred to a successor manufacturer responsibility organization or a trustee pursuant to the contingency plan described in subdivision (b).
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Include in the manufacturer responsibility plan a contingency plan in the event the manufacturer responsibility plan expires. The contingency plan shall guarantee that all the contracts, financial data, and any other necessary authority and assets to operate the program shall vest in a trustee approved by the department. The trustee shall operate the most recently approved manufacturer responsibility plan, subject to the direction of the department, until the time a new manufacturer responsibility plan is approved. In the event of the manufacturer responsibility plan’s
expiration, the balance of the manufacturer responsibility organization’s operating reserves collected shall be transferred to the control of the trustee within five calendar days. All documents, digital records, contracts, and files related to the operation of the manufacturer responsibility plan shall be transferred to the control of the trustee within five calendar days.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Include in its manufacturer responsibility plan all of the following financial controls:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Adequate financial responsibility and financial controls in place, including fraud
prevention measures and an audit schedule, to ensure proper management of funds.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Retention of an independent public accountant, certified in the United States, to annually audit the accounting books of the manufacturer responsibility organization. The department shall review the independent certified public accountant audit for compliance with this chapter and consistency with the manufacturer responsibility organization’s approved manufacturer responsibility plan and the annual report. After the department conducts its own audit, the department shall notify the manufacturer responsibility organization of any conduct or practice that does not comply with this chapter or of any inconsistencies identified in the audit. The manufacturer responsibility organization may obtain copies of the department’s audit, including proprietary information
contained in the department’s audit, upon request. The manufacturer responsibility organization may request the department withhold from disclosure confidential proprietary information to the extent allowed under Section 1040 of the Evidence Code and the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). The items submitted to the department as part of the independent audit shall include:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Financial statements audited in accordance with generally accepted accounting principles.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
An audit of the manufacturer responsibility organization’s compliance with this article.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
An audit of the manufacturer responsibility organization’s adherence
to, execution of, and consistency with its approved manufacturer responsibility plan.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Include the independent audit in its annual report, commencing within 18 months of manufacturer responsibility plan approval by the department. The department shall review the audit for compliance with this chapter and consistency with the approved manufacturer responsibility plan.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Keep board minutes, books, and records that clearly reflect the activities and transactions of the manufacturer responsibility organization for a period of not less than five years.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The failure of the manufacturer responsibility organization or its respective agent who holds records to produce documents or data that is
requested by the department, required to be collected or generated to carry out operation of the manufacturer responsibility plan in the form and manner determined by the department as part of a department audit, or review of a third-party audit, shall constitute a violation of this chapter.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
<ns0:LawSection id="id_FF1E3DFE-F0E3-4DB6-B87E-981E44CA807D">
<ns0:Num>25258.34.</ns0:Num>
<ns0:LawSectionVersion id="id_3DF6EB03-FFC9-4534-AFFC-8DF17B587644">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The department may use funds appropriated for purposes consistent with this article to implement and enforce this article.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
A manufacturer or manufacturer responsibility organization shall pay the department all actual and reasonable regulatory costs to implement and enforce this article, including, but not limited to, full personnel costs and reimbursement of the costs for the department to develop and adopt the regulations described in Section 25258.26.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The department shall deposit all moneys received from a manufacturer or manufacturer responsibility organization pursuant to this
section into the Marine Flare Recovery Fund, which is hereby established in the State Treasury.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Upon appropriation by the Legislature, moneys in the Marine Flare Recovery Fund shall be expended by the department to implement and enforce this article and to repay funds used pursuant to subdivision (a).
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
The moneys in the Marine Flare Recovery Fund shall only be expended for purposes described in subdivision (d).
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
<ns0:LawSection id="id_BC499AE2-C9D5-4CA3-BC06-F2F2286801AB">
<ns0:Num>25258.35.</ns0:Num>
<ns0:LawSectionVersion id="id_BABDBF26-5BB9-49A9-85F6-CA54785F075F">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
A manufacturer shall do both of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Upon request, provide the department with reasonable and timely access, as determined by the department, to its facilities and operations, as necessary to determine compliance with this article.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Upon request, within 14 days, provide the department with relevant records, as determined by the department, necessary to determine compliance with this article.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Provide all reports and records required to be provided to the department pursuant to this article under penalty of perjury.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The department may impose administrative and civil penalties pursuant to Article 8 (commencing with Section 25180) on a manufacturer that fails to provide the department with the access required pursuant to this section.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
<ns0:LawSection id="id_5FEF4F13-6033-4871-99F9-624CB4736074">
<ns0:Num>25258.36.</ns0:Num>
<ns0:LawSectionVersion id="id_037B8F2F-6A51-4EC9-91A2-43D7AAD52FD1">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Subject to subdivision (b), the department shall enforce this article and may impose any applicable penalty authorized under Article 8 (commencing with Section 25180).
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Notwithstanding Article 8 (commencing with Section 25180) and any provision of this article, a manufacturer or manufacturer responsibility organization shall not be subject to penalties for noncompliance with this article before July 1, 2029.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
<ns0:LawSection id="id_9EB2443E-D37B-42B9-810F-AE647D94508D">
<ns0:Num>25258.37.</ns0:Num>
<ns0:LawSectionVersion id="id_86138840-014B-4C9D-A640-673B692D2E62">
<ns0:Content>
<html:p>This article does not prohibit a local jurisdiction from charging for the disposal of a covered product not covered by a manufacturer responsibility plan.</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:LawHeading>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_E35D7928-6A35-4F74-8140-DBB765078E7E">
<ns0:Num>SEC. 2.</ns0:Num>
<ns0:Content>
<html:p>The Legislature finds and declares that Section 1 of this act, which adds Sections 25258.29 and 25258.33 to the Health and Safety 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:</html:p>
<html:p>In order to ensure the effective hazardous waste management of, and viable markets for, marine flares, it is necessary to protect the proprietary information of producers, retailers, wholesalers, and solid waste enterprises by keeping confidential the financial, production, and sales data reported by those entities under Section 1 of this act.</html:p>
</ns0:Content>
</ns0:BillSection>
<ns0:BillSection id="id_9DA137D8-51B0-401E-8885-9C7812B5C334">
<ns0:Num>SEC. 3.</ns0:Num>
<ns0:Content>
<html:p>
No reimbursement is required by this act pursuant to Section 6 of Article XIII
<html:span class="ThinSpace"/>
B 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 XIII
<html:span class="ThinSpace"/>
B of the California Constitution.
</html:p>
</ns0:Content>
</ns0:BillSection>
</ns0:Bill>
</ns0:MeasureDoc>
|