California Public Resources Code

§ 42968.52

PRC § 42968.52 Effective Jan 1, 2025Div. 30 · Part 3 · Ch. 19.5 · Art. 5

Statute text

(a)In recognition that the material makeup and construction of a covered product affects the technical and economic recyclability of a covered product, the funding mechanism required pursuant to subdivision (c) of Section 42968.32 shall establish and be composed of a system of differential assessments that takes into account the financial burden that a particular covered product has on the producer responsibility plan, and the amount of postconsumer recycled content contained in a particular covered product. Based on market history and modeling, if a certain covered product requires a higher subsidy to incentivize use in the marketplace, then that material shall have a proportionally higher assessment assigned to it. The assessment shall be remitted to the producer responsibility organization on a quarterly basis and the producer responsibility organization may expend the assessment only to carry out the producer responsibility plan.

(b)The amount of the assessment and the anticipated revenues from the assessment shall be specified in the producer responsibility plan and shall be approved by the department as part of the producer responsibility plan. The amount of the assessment shall be sufficient to meet, but not exceed, the anticipated cost of carrying out the producer responsibility plan. The amount of the assessment shall not create an unfair advantage in the marketplace.

(c)The assessment established pursuant to this section is exempt from the taxes imposed by Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code and shall meet both of the following requirements:

…

Legislative history

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