The purpose of the paint product 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.

For purposes of this chapter, the following terms have the following meanings:

Title 17 of the California Code of Regulations, or other nonaerosol coating products not regulated under Article 3 (commencing with Section 94520) of Subchapter 8.5 of Chapter 1 of Division 3 of Title 17 of the California Code of Regulations.

Recovery.

(A) Interior and exterior architectural coatings, sold in containers of five gallons or less for commercial or homeowner use, but does not include coatings purchased for industrial or original equipment manufacturer use.

(B) Aerosol coating products.

(C) Nonindustrial coatings and coating-related products sold in containers of five gallons or less for commercial or homeowner use, but does not include products purchased for industrial or original equipment manufacturer use.

paint products may be returned at no cost, by a consumer or another party on behalf of a consumer, to be reused or otherwise managed.

plan” means a plan developed by a stewardship organization that meets the requirements of Sections 48703.1, 48703.2, 48703.3, and 48703.4, and is submitted to the department for approval pursuant to Section 48703.

may authorize an extension of this implementation if the department determines the extension is necessary to implement the requirements of this chapter.

stewardship organization on or before January 15 of each year, within 30 days of changes to the information, and upon request of the department.

stewardship plan.

upon receipt.

resubmittal.

actual regulatory development costs and other startup costs incurred before the submittal of a stewardship plan and approval of a stewardship plan.

The stewardship plan shall include quantifiable time-specific performance 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 collection, recovery, and recycling of postconsumer paint, as practical, based on 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 pursuant to Section 48705.

Code for aerosol paint containers.

A stewardship plan shall include consumer, contractor, and retailer education and outreach efforts to promote the source reduction and recycling of paint products. This information may include, but is not limited to, developing, and updating as necessary, educational and other outreach materials for retailers of paint products. These materials shall be made available to retailers. These materials may include, but are not limited to, one or more of the following:

materials shall include information on the prohibition of improper disposal of paint products.

participation by all California communities, including a description of efforts to communicate in languages other than English.

department an amended stewardship plan for review and approval. The manufacturer or stewardship organization shall submit the amended stewardship plan within 60 days of receipt of the department’s disapproval, unless the department determines that additional time is needed.

shall pay the fee on or before the last day of the month following the end of each quarter.

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.

stewardship program. A stewardship plan shall require that any surplus funds be put back into the program to reduce the costs of the program, including the assessment amount.

description of methods used to collect, transport, and process postconsumer architectural paint in this state, excluding aerosol coating products.

program.

noncompliant due to a failure to meet the requirements of this chapter, then the department may require the resubmittal of the annual report or take enforcement action.

accessible for three years. All stewardship plans, annual reports, and other submissions to the department required under this chapter shall include the following affirmation signed by an authorized representative of the stewardship organization: “Under penalty of perjury, I affirm that the information being provided to the department is true and correct to the best of my knowledge and belief.”

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

number and severity of the violation or violations.

will be assessed. The Administrative Adjudication Bill of Rights (Article 6 (commencing with Section 11425.10) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of the Government Code) applies to hearings conducted pursuant to this chapter and mandates minimum due process requirements for purposes of this chapter.

17000) of Part 2 of Division 7 of the Business and Professions Code).

The department, in coordination with the Department of Toxic Substances Control, may adopt regulations to clarify and implement this chapter.