Article 6 - Records, Audits, and Reports

California Public Resources Code — §§ 42968.60-42968.63

Sections (4)

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

(a)The producer responsibility organization shall keep board minutes, books, and records that clearly reflect the activities and transactions of the producer responsibility organization.
(b)The producer responsibility organization shall include in its producer responsibility plan a process by which the financial activities of the 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), which shall be reviewed by the department.
(c)The department may audit the producer responsibility organization or an individual

producer annually.

(d)It is a violation of this chapter for the producer responsibility organization, producer, or their respective agent who holds records to fail to produce, as part of a department audit or review of a third-party audit, documents or data that is requested by the department or documents or data that is required to be collected or generated to carry out operation of the producer responsibility plan in the form and manner determined by the department.

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

(a)The producer responsibility organization shall retain an independent public accountant, certified in the United States, to annually audit the accounting books of the producer responsibility organization. The department shall review the independent certified public accountant audit for compliance with this chapter and consistency with the producer responsibility organization’s producer responsibility plan and annual report, submitted pursuant to this chapter. After the department conducts its own review of the audit, the department shall notify the producer responsibility organization of any conduct or practice that does not comply with this chapter and of any inconsistencies identified in the review of the audit. The producer responsibility organization may obtain copies of the department’s review

of the audit, including proprietary information contained in the department’s review of the audit, upon request. The department shall 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 review of the audit shall include all of the following:

(1)Financial statements audited in accordance with Generally Accepted Accounting Principles (GAAP).
(2)An audit of the producer responsibility organization’s compliance with this chapter.
(3)An audit of the producer responsibility organization’s adherence to, execution of, and consistency with its producer responsibility plan.
(b)No later than 18 months after the department approves the producer responsibility organization’s producer responsibility plan, the producer responsibility organization shall include the independent audit in the annual report submitted to the department pursuant to Section 42968.62. The department shall review the audit for compliance with this chapter and consistency with the producer responsibility organization’s producer responsibility plan.

Amended by Stats. 2025, Ch. 67, Sec. 170. (AB 1170) Effective January 1, 2026.

On or before July 1 of each year, the producer responsibility organization shall submit in the form and manner determined by the department an annual report and make the report publicly available on the producer responsibility organization’s internet website. The report shall include all of the following information for the preceding calendar year:

(a)The producer responsibility organization’s revenues and costs, with the costs according to the cost categories established in the producer responsibility plan.
(b)A summary of any anticipated changes to allocations in cost categories for the following calendar year.
(c)Any changes to the distribution of

participating producers’ costs pursuant to subdivision (a) of Section 42968.23.

(d)The square footage, yardage, weight, or other metric, as determined by the department, of covered products, by carpet type, for each of the following:
(1)Covered product that was collected.
(2)Covered product that was processed.
(3)Covered product that was recycled.
(4)Covered product that was disposed.
(e)A list of the producer responsibility organization’s collection sites, by name, location, and type.
(f)An updated list of the names and contact information, including

email address, phone number, and physical and mailing addresses of producers.

(g)A description of methods used to collect, transport, recycle, and divert covered products by the producer responsibility organization including a description of all of the following:
(1)How the producer responsibility organization handled and managed covered products according to the priority of waste management practices provided in Section 40051.
(2)How the producer responsibility organization maximized recycling of all covered products.
(3)How the producer responsibility organization minimized disposal of all covered products collected by the producer responsibility organization.
(4)Results of the

producer responsibility organization’s assessment of the efficacy of the collection, sorting, and transportation processes pursuant to paragraph (8) of subdivision (h) of Section 42968.32.

(h)A description of how the producer responsibility organization improved the collection, processing, and recycling operations for covered products, including, but not limited to, pilot programs to test new processes, methods, or equipment.
(i)A description of outreach efforts and education, including, but not limited to, education and outreach provided by the producer responsibility organization for the purpose of promoting the collection, reuse, and recycling of covered products. This includes messaging on environmentally preferable purchasing.
(j)Findings from the evaluation of the comprehensive statewide education and

outreach program required by subdivision (i) of Section 42968.32.

(k)A report on activities the producer responsibility organization has undertaken to prioritize the use of sorting and recycling facilities located closer to the point of generation to minimize transportation emissions and increase accountability for the ultimate disposition of collected covered products.
(l)Any other information deemed relevant by the producer responsibility organization for the department to determine compliance with the approved producer responsibility plan.
(m)Any other information required by regulations adopted pursuant to Section 42968.1.

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

(a)No later than 120 days after the date the department receives the annual report submitted by the producer responsibility organization pursuant to Section 42968.62, 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, then the department may require the resubmittal of the annual report or take enforcement action.