SECTIONS 48700-48706 - California Statutes

PUBLIC RESOURCES CODE

SECTION 48700-48706

48700. The purpose of the architectural paint recovery program
established pursuant to this chapter is to require paint
manufacturers to develop and implement a program to collect,
transport, and process postconsumer paint to reduce the costs and
environmental impacts of the disposal of postconsumer paint in this
state.

48701. For purposes of this chapter, the following terms have the
following meanings:
(a) "Architectural paint" means interior and exterior
architectural coatings, sold in containers of five gallons or less
for commercial or homeowner use, but does not include aerosol spray
paint or architectural coatings purchased for industrial or original
equipment manufacturer use.
(b) "Consumer" means a purchaser or owner of architectural paint,
including a person, business, corporation, limited partnership,
nonprofit organization, or governmental entity.
(c) "Department" means the Department of Resources Recycling and
Recovery.
(d) "Distributor" means a person that has a contractual
relationship with one or more manufacturers to market and sell
architectural paint to retailers.
(e) "Manufacturer" means a manufacturer of architectural paint.
(f) "Postconsumer paint" means architectural paint not used by the
purchaser.
(g) "Retailer" means a person that sells architectural paint in
the state to a consumer. A sale includes, but is not limited to,
transactions conducted through sales outlets, catalogs, or the
Internet or any other similar electronic means.
(h) "Stewardship organization" means a nonprofit organization
created by the manufacturers to implement the architectural paint
stewardship program described in Section 48703.

48702. (a) A manufacturer of architectural paint sold in this state
shall, individually or through a stewardship organization, submit an
architectural paint stewardship plan to the department to develop
and implement a recovery program to reduce the generation of
postconsumer architectural paint, promote the reuse of postconsumer
architectural paint, and manage the end-of-life of postconsumer
architectural paint, in an environmentally sound fashion, including
collection, transportation, processing, and disposal.
(b) (1) A manufacturer or retailer shall not sell or offer for
sale in this state architectural paint to any person in this state
unless the manufacturer is in compliance with this chapter.
(2) The sales prohibition in paragraph (1) shall be effective on
the 120th day after the notice described in subdivision (c) is posted
on the department's Internet Web site, and shall apply to any
manufacturer that is not listed on the department's Internet Web
site, and shall remain in effect until the manufacturer is listed on
the department's Internet Web site or can demonstrate compliance as
described in paragraph (2) of subdivision (c).
(c) (1) On July 1, 2012, or upon the date the first plan is
approved, whichever date is earlier, the department shall post on its
Internet Web site a list of manufacturers for which the department
has approved a plan pursuant to subdivision (a) of Section 48704. The
department shall update this posting no less than once every six
months thereafter. On and after April 1, 2013, the department shall
post a notice on its Internet Web site listing manufacturers that are
in compliance with this chapter pursuant to subdivision (b) of
Section 48705 and shall update this posting no less than once every
six months.
(2) A manufacturer that is not listed on the department's Internet
Web site pursuant to this section, but demonstrates to the
satisfaction of the department that it is in compliance with this
chapter before the next notice is required to be posted pursuant to
this section, may request a certification letter from the department
stating that the manufacturer is in compliance. The manufacturer who
receives that letter shall be deemed to be in compliance with this
chapter.
(d) A wholesaler or a retailer that distributes or sells
architectural paint shall monitor the department's Internet Web site
to determine if the sale of a manufacturer's architectural paint is
in compliance with this chapter.

48703. (a) On or before April 1, 2012, a manufacturer or designated
stewardship organization shall submit an architectural paint
stewardship plan to the department.
(b) (1) The plan shall demonstrate sufficient funding for the
architectural paint stewardship program as described in the plan,
including a funding mechanism for securing and dispersing funds to
cover administrative, operational, and capital costs, including the
assessment of charges on architectural paint sold by manufacturers in
this state.
(2) The funding mechanism shall provide for an architectural paint
stewardship assessment for each container of architectural paint
sold by manufacturers in this state and the assessment shall be
remitted to the stewardship organization, if applicable.
(3) The architectural paint stewardship assessment shall be added
to the cost of all architectural paint sold to California retailers
and distributors, and each California retailer or distributor shall
add the assessment to the purchase price of all architectural paint
sold in the state.
(4) The architectural paint stewardship assessment shall be
approved by the department as part of the plan, and shall be
sufficient to recover, but not exceed, the cost of the architectural
paint stewardship program. The plan shall require that any surplus
funds be put back into the program to reduce the costs of the
program, including the assessment amount.
(c) The plan shall address the coordination of the architectural
paint stewardship program with existing local household hazardous
waste collection programs as much as this is reasonably feasible and
is mutually agreeable between those programs.
(d) The plan shall include goals established by the manufacturer
or stewardship organization to reduce the generation of postconsumer
paint, to promote the reuse of postconsumer paint, and for the proper
end-of-life management of postconsumer paint, including recovery and
recycling of postconsumer paint, as practical, based on current
household hazardous waste program information. The goals may be
revised by the manufacturer or stewardship organization based on the
information collected for the annual report.
(e) The plan shall include consumer, contractor, and retailer
education and outreach efforts to promote the source reduction and
recycling of architectural paint. This information may include, but
is not limited to, developing, and updating as necessary, educational
and other outreach materials aimed at retailers of architectural
paint. These materials shall be made available to the retailers.
These materials may include, but are not limited to, one or more of
the following:
(1) Signage that is prominently displayed and easily visible to
the consumer.
(2) Written materials and templates of materials for reproduction
by retailers to be provided to the consumer at the time of purchase
or delivery, or both. Written materials shall include information on
the prohibition of improper disposal of architectural paint.
(3) Advertising or other promotional materials, or both, that
include references to architectural paint recycling opportunities.
(f) Any retailer may participate, on a voluntary basis, as a paint
collection point pursuant to the paint stewardship program.

48704. (a) The department shall review the plan within 90 days of
receipt, and make a determination whether or not to approve the plan.
The department shall approve the plan if it provides for the
establishment of a paint stewardship program that meets the
requirements of Section 48703.
(b) (1) The approved plan shall be a public record, except that
financial, production, or sales data reported to the department by a
manufacturer or the stewardship organization is not a public record
under the California Public Records Act, as described in Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1 of the
Government Code and shall not be open to public inspection.
(2) Notwithstanding paragraph (1), the department may release a
summary form of financial, production, or sales data if it does not
disclose financial, production, or sales data of a manufacturer or
stewardship organization.
(c) On or before July 1, 2012, or three months after a plan is
approved pursuant to subdivision (a), whichever date is later, the
manufacturer or stewardship organization shall implement the
architectural paint stewardship program described in the approved
plan.
(d) The department shall enforce this chapter.
(e) (1) The stewardship organization shall pay the department an
annual administrative fee pursuant to paragraph (2).
(2) The department shall impose fees in an amount that is
sufficient to cover the department's full costs of administering and
enforcing this chapter, including any program development costs or
regulatory costs incurred by the department prior to the submittal of
the stewardship plans. Fee revenues collected under this section
shall only be used to administer and enforce this chapter.
(f) (1) A civil penalty may be administratively imposed by the
department on any person who violates this chapter in an amount of up
to one thousand dollars ($1,000) per violation per day.
(2) A person who intentionally, knowingly, or negligently violates
this chapter may be assessed a civil penalty by the department of up
to ten thousand dollars ($10,000) per violation per day.

48705. (a) On or before July 1, 2013, and each year thereafter, a
manufacturer of architectural paint sold in this state shall,
individually or through a representative stewardship organization,
submit a report to the department describing its architectural paint
recovery efforts. At a minimum, the report shall include all of the
following:
(1) The total volume of architectural paint sold in this state
during the preceding calendar year.
(2) The total volume of postconsumer architectural paint recovered
in this state during the preceding calendar year.
(3) A description of methods used to collect, transport, and
process postconsumer architectural paint in this state.
(4) The total cost of implementing the architectural paint
stewardship program.
(5) An evaluation of how the architectural paint stewardship
program's funding mechanism operated.
(6) An independent financial audit funded from the paint
stewardship assessment.
(7) Examples of educational materials that were provided to
consumers the first year and any changes to those materials in
subsequent years.
(b) The department shall review the annual report required
pursuant to this section and within 90 days of receipt shall adopt a
finding of compliance or noncompliance with this chapter.

48706. (a) Except as provided in subdivision (c), an action solely
to increase the recycling of architectural paint by a producer,
stewardship organization, or retailer that affects the types or
quantities being recycled, or the cost and structure of any return
program, is not a violation of the statutes specified in subdivision
(b).
(b) The following statutes are not violated by an action specified
in subdivision (a):
(1) The Cartwright Act (Chapter 2 (commencing with Section 16700)
of Part 2 of Division 7 of the Business and Professions Code).
(2) The Unfair Practices Act (Chapter 4 (commencing with Section
17000) of Part 2 of Division 7 of the Business and Professions Code).
(c) Subdivision (a) shall not apply to any agreement establishing
or affecting the price of paint, except for the architectural paint
stewardship assessment, or the output or production of paint, or any
agreement restricting the geographic area or customers to which paint
will be sold.