Article 6 - Records, Audits, and Reports

California Public Resources Code — §§ 42984.15-42984.18

Sections (4)

Added by Stats. 2024, Ch. 864, Sec. 1. (SB 707) Effective January 1, 2025.

(a)A PRO shall keep board minutes, books, and records that clearly reflect the activities and transactions of the PRO.
(b)A PRO shall include in its plan a process by which the financial activities of the organization or individual producers that are related to implementation of the 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 PRO or individual producer annually.
(d)Failure of a PRO or producer, or their 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 plan in the form and manner determined by the department, as part of a department audit, or review of a third-party audit, constitutes a violation of this chapter.

Added by Stats. 2024, Ch. 864, Sec. 1. (SB 707) Effective January 1, 2025.

(a)A PRO shall retain an independent public accountant, certified in the United States, to annually audit the accounting books of the PRO. The department shall review the independent certified public accountant audit for compliance with this chapter and consistency with the PRO’s plan and annual report, submitted pursuant to this chapter. After the department conducts its own audit, the department shall notify the PRO of any conduct or practice that does not comply with this chapter or of any inconsistencies identified in the audit. The PRO may obtain copies of the department’s audit, including proprietary information contained in the department’s audit, upon request, and withhold from disclosure confidential proprietary information to the extent allowed under Section 1040 of the Evidence Code and

Section 7929.000 of the Government Code. The items submitted to the department as part of the independent audit shall include:

(1)Financial statements audited in accordance with generally accepted accounting principles (GAAP).
(2)An audit of the PRO’s compliance with this chapter.
(3)An audit of the PRO’s adherence to, execution of, and consistency with its plan.
(b)The PRO shall include the independent audit in its annual report submitted to the department pursuant to Section 42984.17 commencing within 18 months of plan approval by the department. The department shall review the audit for compliance with this chapter and consistency with the PRO’s plan.

Added by Stats. 2024, Ch. 864, Sec. 1. (SB 707) Effective January 1, 2025.

A PRO shall annually submit to the department, in the form and manner and by the date determined by the department, an annual report and make that report publicly available on the PRO’s internet website. The report shall include at minimum, all of the following information for the preceding calendar year unless otherwise specified:

(a)The PRO’s costs, according to the cost categories established in the plan, and revenues.
(b)A summary of any anticipated changes to allocations in cost categories for the next calendar year.
(c)Any changes to the distribution of a participating producer’s costs.
(d)The amounts of the eco-modulated fees based on the criteria established pursuant to subdivision (b) of Section 42984.14 and the PRO’s evaluation of the effectiveness of the eco-modulated fees.
(e)An updated list of producers participating in the plan and an updated list of the names and contact information, including email address, telephone number, and physical and mailing addresses of producers and brands of covered products covered under the plan.
(f)A list of the PRO’s collection sites, by name, location, and type.
(g)(1) The amount of covered products sold in or into the state by the producers covered by the PRO’s plan.
(2)The amount described in paragraph
(1)shall be broken down by fiber type category and Harmonized Tariff Schedule of the United States (HTS) number.
(h)The total weight of covered products, respectively, that were collected, broken down by fiber type categories.
(i)The total weight of covered products, by category, that were collected and deemed reusable by each respective authorized collector and authorized sorter.
(j)A list of each authorized sorter, authorized repair business, and covered product recycling facility used by the PRO, including both of the following:
(1)Name and location.
(2)Total weight of covered products handled by each location.
(k)The total weight and number of covered products sold in or into the state attributed to a producer, who is a registered participant of the PRO’s plan, which are collected in the state and reused or recycled by the PRO, including a description of the methodology and information used to determine and calculate these values.
(l)A complete accounting of the ultimate disposition of all covered products collected by the PRO, including the total weight of covered products that were repaired and recycled.
(m)Metrics and a description of the progress toward attaining the performance standards included in the plan.
(n)A description of methods used to collect, transport, repair, and recycle covered products by the PRO, including a description of all of the following:
(1)How the PRO handled and managed covered products according to the waste hierarchy as defined in Section 40051.
(2)How the PRO maximized reuse and recycling of all covered products.
(3)How the PRO minimized disposal of all covered products collected by the PRO.
(4)Results of the PRO’s assessment of the efficacy of the collection, sorting, and transportation process.
(o)A description of how the PRO provided incentive payments, grants, and market development investments to support the infrastructure necessary to effectively implement the plan, including how incentive payments, grants, and market development investments prioritized infrastructure closer to the point of generation.
(p)A description of outreach efforts and education, including, but not limited to, the PRO’s evaluation of the efficacy of the comprehensive statewide education and outreach program pursuant to subdivision (g) of Section 42984.10.
(q)A description of how the PRO coordinated with other PROs and entities pursuant to subdivision (j) of Section 42984.10.
(r)A report on activities the PRO 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.
(s)An analysis of whether the PRO met performance standards established by the PRO pursuant to subdivision (c) of Section 42984.10 or

by the department pursuant to Section 42984.19.

(t)A description of how the PRO addressed the presence of PFAS and other chemicals regulated under Chapter 6.6 (commencing with Section 25249.5) of Division 20 of the Health and Safety Code and Chapter 12.5 (commencing with Section 108945) of, and Chapter 13.5 (commencing with Section 108970) of, Part 3 of Division 104 of the Health and Safety Code, including, but not limited to, the actions taken and investments made to avoid contamination in the recycling process, and the availability of end markets for recycled material that could not be remanufactured into textiles or textile articles in California.
(u)Any other information deemed relevant by the PRO for the department to determine compliance with the approved plan.
(v)Any other information required by

regulations adopted pursuant to Section 42984.2.

Added by Stats. 2024, Ch. 864, Sec. 1. (SB 707) Effective January 1, 2025.

(a)No later than 120 days after the date the department receives the annual report submitted by a PRO pursuant to Section 42984.17, the department shall notify the PRO 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, the department may require the resubmittal of the annual report or take enforcement action.