Cal. Pub. Res. Code § 48704
Paint Product Recovery Program
Redline — January 1, 2011 → current.View current text →
Current — January 1, 2025
As of January 1, 2011
(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.
(a) No later than 90 days before a stewardship plan is required to be submitted to the department, the department shall notify each manufacturer acting individually and each stewardship organization of its reasonable regulatory costs, including its full personnel costs, related to implementing and enforcing this chapter. This shall include the actual and reasonable costs associated with regulation development pursuant to Section 48701.1 and other startup activities before the stewardship plan is submitted and approved.
(b) Manufacturers and stewardship organizations shall collectively pay on a quarterly basis the department’s administrative fee for its reasonably incurred regulatory costs, as described in subdivision (a). Manufacturer and stewardship organizations shall pay the fee on or before the last day of the month following the end of each quarter.
(c) The Architectural Paint Stewardship Account, established pursuant to Section 48704.1, as it read on January 1, 2024, in the Integrated Waste Management Fund created pursuant to Section 40135, is hereby renamed the Paint Product Stewardship Account. The Architectural Paint Stewardship Penalty Subaccount, established in that fund pursuant to Section 48704.1, as it read on January 1, 2024, is hereby renamed the Paint Product Stewardship Penalty Subaccount. The renamed account and subaccount shall remain in the fund.
(d) All fees collected by the department pursuant to this chapter shall be deposited into the Paint Product Stewardship Account and may be expended by the department, upon appropriation by the Legislature, to cover the department’s reasonable costs to implement 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. The moneys in the Paint Product Stewardship Account shall not be expended for any other purpose. The department shall enforce this chapter.
(e) All civil penalties collected pursuant to this chapter shall be deposited into the Paint Product Stewardship Penalty Subaccount and may be expended by the department, upon appropriation by the Legislature, to cover the department’s reasonable costs to implement this chapter.
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.