Bill Text: CA AB863 | 2023-2024 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Carpet recycling: producer responsibility organizations: fines: succession: training.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2024-09-27 - Chaptered by Secretary of State - Chapter 675, Statutes of 2024. [AB863 Detail]
Download: California-2023-AB863-Amended.html
Bill Title: Carpet recycling: producer responsibility organizations: fines: succession: training.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2024-09-27 - Chaptered by Secretary of State - Chapter 675, Statutes of 2024. [AB863 Detail]
Download: California-2023-AB863-Amended.html
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Amended
IN
Assembly
May 22, 2023 |
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Amended
IN
Assembly
March 30, 2023 |
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Amended
IN
Assembly
March 21, 2023 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 863
| Introduced by Assembly Member Aguiar-Curry (Coauthor: Senator Dodd) |
February 14, 2023 |
An act to amend Section 42978 of, and to add Sections 42972.8, 42978.5, and 42980 to, the Public Resources Code, relating to recycling.
LEGISLATIVE COUNSEL'S DIGEST
AB 863, as amended, Aguiar-Curry.
Carpet recycling: carpet stewardship organizations: fines: succession: procedure.
Existing law establishes a carpet stewardship program to increase the amount of postconsumer carpet that is diverted from landfills and recycled into secondary products. Existing law requires a manufacturer of carpets sold in this state to submit, either individually or through a carpet stewardship organization, a carpet stewardship plan that meets specified requirements to the Department of Resources Recycling and Recovery. Existing law imposes a carpet stewardship assessment per unit of carpet sold in the state that is remitted to the carpet stewardship organization and may be expended to carry out the organization’s carpet stewardship plan. Existing law requires a carpet stewardship organization to include in the plan a description of the process by which the carpet stewardship organization will transfer assessment funds to a successor carpet stewardship organization in the event
that should become necessary. Existing law requires a carpet stewardship organization in possession of assessment funds to, as directed by the department, transfer those funds to a successor carpet stewardship organization with an approved plan. Existing law authorizes the department to administratively impose civil penalties on any person who is in violation of any provision of the carpet stewardship laws, of up to $5,000 per day or $10,000 per day if the violation is intentional, knowing, or negligent.
This bill would increase amend those penalty amounts penalties to $10,000 per day or
$50,000 per day, respectively. day if the violation is intentional, knowing, or reckless. The bill would make a carpet stewardship organization that violates a provision of the carpet stewardship law 3 times ineligible to act as an agent on behalf of manufacturers to design, submit, and administer a carpet stewardship plan and would apply, in that event, the successorship process.
This bill would require a carpet stewardship organization, as part of its carpet stewardship plan, from the assessments received for carpets sold for use in California, to expend at least 95% on activities to carry out the carpet stewardship plan within California, and at least 10% for grants to apprenticeship programs for training apprentice and journey-level carpet installers in proper carpet
recycling practices, including the installation and removal techniques that maximize the recyclability of carpet. The bill would authorize the department, if it determines that a carpet stewardship organization or manufacturer has not complied with one or more of the requirements of the carpet stewardship laws, to adopt regulations that establish requirements for carpet stewardship organizations or manufacturers to take specific actions to bring those entities into compliance with those laws.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 42972.8 is added to the Public Resources Code, to read:42972.8.
(a) A carpet stewardship organization, as part of its carpet stewardship plan, shall comply with both of the following requirements:(1) At least 95 percent of the assessments collected pursuant to Section 42972 for the sale of carpet for use in California shall be expended on activities to carry out the plan within California.
(2) At least 10 percent of the assessments collected pursuant to Section 42972 for the sale of carpet for use in California shall be expended on grants to apprenticeship programs approved by the Chief of the Division of Apprenticeship Standards for training apprentice and
journey-level carpet installers in proper carpet recycling practices, including the installation and removal techniques that maximize the recyclability of carpet.
(b) This section shall apply to assessments received by a carpet stewardship organization on or after January 1, 2024.
SEC. 2.
Section 42978 of the Public Resources Code is amended to read:42978.
(a) A civil penalty up to the following amounts may be administratively imposed by the department on any person who is in violation of any provision of this chapter:(1) Ten thousand dollars ($10,000) per day.
(2) Fifty thousand dollars ($50,000) per day if the violation is intentional, knowing, or negligent. reckless.
(b) In assessing or reviewing the amount of a civil 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.
SEC. 3.
Section 42978.5 is added to the Public Resources Code, to read:42978.5.
(a) A carpet stewardship organization, as specified in paragraph (1) of subdivision (e) of Section 42971, that violates this chapter three or more times shall be ineligible to act as an agent on behalf of a manufacturer to design, submit, and administer a carpet stewardship plan pursuant to this chapter.(b) If a carpet stewardship organization becomes ineligible pursuant to subdivision (a) to operate as a carpet stewardship organization under this chapter, the successor provisions in subdivisions (b), (c), and (d) of Section 42972.7 shall apply.
