AB80:v99#DOCUMENTBill Start
CALIFORNIA LEGISLATURE—
2025–2026 REGULAR SESSION
Assembly Bill
No. 80
Introduced by Assembly Member Aguiar-Curry
|
December 19, 2024 |
An act to amend Section 42978 of the Public Resources Code, relating to recycling.
LEGISLATIVE COUNSEL'S DIGEST
AB 80, as introduced, Aguiar-Curry.
Carpet recycling: product stewardship for carpet: fines.
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. The act includes a product stewardship for carpet program and a successor carpet producer responsibility program, and requires the product stewardship for carpet program to become inoperative upon the completion of certain conditions related to the implementation of the successor carpet producer responsibility program.
The product stewardship for carpet program requires a manufacturer of carpets sold in this state, individually or through a carpet stewardship organization, to submit a carpet stewardship plan to the department, which is required to include
specified elements, including achieving specified carpet recycling rates and a funding mechanism that provides sufficient funding to carry out the plan. The program authorizes the department to administratively impose a civil penalty of $25,000 per day on any person in violation of the program if the violation is intentional, knowing, or negligent.
This bill would instead authorize a civil penalty of $25,000 per day if the violation is intentional or knowing.
Digest Key
Vote:
MAJORITY
Appropriation:
NO
Fiscal Committee:
YES
Local Program:
NO
Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 42978 of the Public Resources Code, as amended by Section 6 of Chapter 675 of the Statutes of 2024, 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) Twenty-five thousand dollars ($25,000) per day if the violation is intentional, knowing, or negligent. intentional or knowing.
(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.