SB 1010

The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, generally regulates the disposal, management, and recycling of solid waste. The act establishes stewardship programs for various products, including, among others, carpet, mattresses, and pharmaceutical and sharps waste. This bill would enact a stewardship program known as the Refrigerant Stewardship and Recovery Act, which would require a producer of certain household appliances containing refrigerants, known as “covered products,” to form and join a producer responsibility organization, or PRO. The bill would require the PRO to be approved by the department pursuant to the requirements of the bill, as provided. The bill would require the department to adopt regulations to implement the program no later than January 1, 2029. The bill would require the PRO to submit to the department, for approval or disapproval, a complete plan for the collection, transportation, consolidation, dismantling, refrigerant recovery, recycling, reclamation, destruction, and the safe and proper management of covered products in the state. Upon approval of a plan, the bill would make a producer subject to specified civil penalties, unless the producer is a participant in a PRO and all covered products are accounted for in the plan. The bill would require the PRO to review the plan at least every 5 years after approval. The bill would also require a PRO to submit an annual report to the department, as provided. The bill would require all reports and records provided to the department to be provided under penalty of perjury. By expanding the scope of the crime of perjury, the bill would impose a state-mandated local program. The bill would restrict public access to certain information collected for the purpose of administering the program. This bill would require the department to post on its internet website a list of producers that are in compliance with the requirements of the program. The bill would require PROs to pay fees to the department, not to exceed the department’s actual and reasonable regulatory costs to implement and enforce the act. The bill would establish the Refrigerant Stewardship Recovery Fund in the State Treasury for the deposit of all moneys received from PROs and would make the moneys in the fund available to the department, upon appropriation by the Legislature, for purposes of the program. The bill would also authorize the department to impose administrative civil penalties for a violation of the program’s requirements, not to exceed $10,000 per day, or not to exceed $50,000 per day for an intentional or knowing violation, as specified. The bill would create the Refrigerant Stewardship Recovery Penalty Account in the fund for the deposit of penalties, which would be available for expenditure upon appropriation by the Legislature, as specified. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.