Article 7 - Enforcement

California Public Resources Code — §§ 42968.70-42968.74

Sections (5)

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

(a)Within 24 months of the effective date of regulations pursuant to Section 42968.1, and on or before July 1 of each year thereafter, the department shall post on its internet website a list of producers that are in compliance with this chapter. The department shall list, as appropriate, the reported brands of covered products for each producer.

(b)A producer that is not listed on the department’s internet website pursuant to subdivision (a) that demonstrates compliance with this chapter before the next list is posted by the department may either be added to the internet website or be provided a certification letter from the department stating that the producer of a covered product is in compliance with this chapter.

(c)(1) A retailer, importer, distributor, or wholesaler of a covered product shall monitor the department’s internet website to determine if a producer, brand, or covered product is in compliance with this chapter for that brand of covered product.

(2)Except as provided in subdivision (d), on and after the date a producer responsibility plan is approved by the department pursuant to Section 42968.30, a retailer, importer, distributor, or wholesaler shall not sell, distribute, offer for sale, or import a covered product in or into the state for sale in the state unless the producer of the covered product is listed as in compliance pursuant to this section for that brand and covered product.

(d)Notwithstanding paragraph (2) of subdivision (c), a retailer, importer, or distributor may sell, offer

for sale, import, or distribute a covered product if, on the date the retailer or distributor sells or offers for sale the covered product in or into the state, the producer, brand, or covered product was listed as compliant on the department’s internet website.

(e)Notwithstanding paragraph (2) of subdivision (c), a retailer or distributor may, for any inventory in stock before the initial list was posted by the department pursuant to subdivision (a), sell or distribute that inventory for sale in or into the state.

(f)If the department determines a producer is not in compliance with this chapter, the department shall remove the producer from the list of compliant producers posted on the department’s internet website pursuant to subdivision (a).

(g)The department shall list on its internet website a producer, along

with its brands and covered products, if the department subsequently determines that the producer is in compliance with this chapter.

§ 42968.71

Amended by Stats. 2025, Ch. 67, Sec. 171. (AB 1170) Effective January 1, 2026.

(a)An administrative penalty up to the following amounts may be administratively imposed by the department on the producer responsibility organization or a producer who is in violation of any provision of this chapter:

(1)Ten thousand dollars ($10,000) per day.

(2)Twenty-five thousand dollars ($25,000) per day if the violation is intentional or knowing.

(b)In assessing or reviewing the amount of an administrative penalty imposed pursuant to subdivision (a) for a violation of this chapter, the department or the court shall consider all of the following:

(1)The nature

and extent of the violation.

(2)The number and severity of the violation or violations.

(3)The economic effect of the penalty on the violator.

(4)Whether the violator took good faith measures to comply with this chapter and the period of time over which these measures were taken.

(5)The willfulness of the violator’s misconduct.

(6)The deterrent effect that the imposition of the penalty would have on both the violator and the regulated community.

(7)Any other factor that justice may require.

(c)Upon a written finding that a producer responsibility

organization, producer, importer, distributor, wholesaler, or any other party regulated has not met a material requirement of this chapter, in addition to any other penalties authorized under this chapter, the department may take one or both of the following actions to ensure compliance with the requirements of this chapter, after affording the producer responsibility organization, producer, importer, distributor, wholesaler, or any other party regulated a reasonable opportunity to respond to, or rebut, the finding:

(1)Revoke the producer responsibility organization’s producer responsibility plan approval or require the producer responsibility organization to resubmit the producer responsibility plan.

(2)Require additional reporting relating to compliance with the material requirement of this chapter that was not met.

(d)The department shall establish, through regulations adopted pursuant to Section 42968.1, a process that shall include an informal hearing process by which the penalties will be assessed.

(e)The department shall deposit all penalties collected pursuant to this section into the Carpet Responsibility Penalty Account. Upon appropriation by the Legislature, moneys in the Carpet Responsibility Penalty Account shall be available for expenditure by the department on activities related to the collection and recycling of covered products, grants for related purposes, and the administration and enforcement of this chapter.

(f)The Administrative Adjudication Bill of Rights, as set forth in Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 of Title 2 of the Government Code, applies to hearings conducted under this chapter and mandates minimum due

process.

§ 42968.72

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

(a)If the producer responsibility organization violates this chapter three or more times, the department may determine the producer responsibility organization permanently ineligible to act as the producer responsibility organization on behalf of producers to design, submit, and administer a producer responsibility plan pursuant to this chapter.

(b)If the producer responsibility organization becomes ineligible pursuant to subdivision (a), then the department may revoke approval of the producer responsibility organization pursuant to paragraph (1) of subdivision (c) of Section 42968.71.

§ 42968.73

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

(a)A producer responsibility organization, producer, retailer, importer, distributor, and wholesaler shall do both of the following:

(1)Upon request, provide the department access to its facilities and operations to determine compliance with this chapter.

(2)Upon request, provide the department relevant records necessary to determine compliance with this chapter.

(b)The records required by this chapter shall be maintained and accessible for five years. All reports and records provided to the department pursuant to this chapter shall be provided under penalty of perjury.

(c)The department may impose administrative penalties pursuant to Section 42968.71 on a producer, producer responsibility organization, distributor, retailer, importer, or wholesaler that fails to provide the department with the access required pursuant to this section.

(d)The department may post a notice on the department’s internet website that is maintained pursuant to Section 42968.70 that a producer has failed to provide the department with access pursuant to this section and is no longer in compliance with this chapter, along with the producer’s brands and covered products.

§ 42968.74

Amended by Stats. 2025, Ch. 67, Sec. 172. (AB 1170) Effective January 1, 2026.

After the time for judicial review under Section 11523 of the Government Code has expired, the department may apply to the small claims court or superior court, depending on the jurisdictional amount and any other remedy sought, in the county where the penalties, restitution, or other remedy was imposed by the department, for a judgment to collect any unpaid penalties or restitution or to enforce any other remedy provided by this chapter. The application, which shall include a certified copy of the final agency order or decision, shall constitute a sufficient showing to warrant the issuance of the judgment. The court clerk shall enter the judgment immediately in conformity with the application. The judgment so entered shall have the same force and effect as, and shall be subject to, all the provisions of law relating to a judgment in a civil action

and may be enforced in the same manner as any other judgment of the court. The court shall make enforcement of the judgment a priority.