Code Section Group

Public Resources Code - PRC

DIVISION 30. WASTE MANAGEMENT [40000 - 49620]

  ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. )

PART 3. STATE PROGRAMS [42000 - 42999]

  ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. )

CHAPTER 21. Used Mattress Recovery and Recycling Act [42985 - 42994]

  ( Chapter 21 added by Stats. 2013, Ch. 388, Sec. 1. )

ARTICLE 8. Enforcement [42993 - 42993.3]
  ( Article 8 added by Stats. 2013, Ch. 388, Sec. 1. )

42993.
  

(a) On or before March 1 of each year, the department shall post on its internet website a list of manufacturers, renovators, and distributors that are in compliance with this chapter.

(b) A manufacturer, renovator, or distributor that is not listed on the department’s internet website pursuant to this section, but demonstrates compliance with this chapter before the next notice is required to be posted pursuant to this section, may request a certification letter from the department stating the manufacturer, renovator, or distributor is in compliance. The manufacturer, renovator, or distributor that receives the letter shall be deemed to be in compliance with this chapter.

(c) A retailer that distributes or sells a mattress shall monitor the department’s internet website to determine if a manufacturer or renovator is in compliance with this chapter. A retailer otherwise in compliance with this chapter shall be deemed in compliance with the chapter if, on the date the retailer ordered or purchased a mattress, or within 120 calendar days before or after that date, the manufacturer or renovator was listed as compliant on the department’s internet website.

(d) A retailer may sell or distribute the existing stock of its inventory through sales to the public if the existing stock was purchased when the manufacturer or renovator was in compliance with the requirements of this chapter at the time when the retailer initially purchased that stock.

(e) The sale, distribution, or offering for sale, of any existing inventory in stock prior to the commencement of the collection of the mattress recycling charge pursuant to this chapter shall be deemed to be in compliance with this chapter.

(f) If the department determines a manufacturer, renovator, or distributor is not in compliance with this chapter, the department shall remove the manufacturer, renovator, or distributor from the department’s internet website pursuant to this section and the manufacturer, renovator, or distributor shall not sell a mattress in the state until the department determines the manufacturer, renovator, or distributor is in compliance with this chapter.

(Amended by Stats. 2019, Ch. 673, Sec. 17. (AB 187) Effective January 1, 2020.)

42993.1.
  

(a) The department may impose an administrative civil penalty on any manufacturer, mattress recycling organization, distributor, recycler, renovator, or retailer that is in violation of this chapter. The amount of the administrative civil penalty shall not exceed five hundred dollars ($500) per day, but, if the violation is intentional, knowing, or reckless, the department may impose an administrative civil penalty of not more than five thousand dollars ($5,000) per day.

(b) The department shall not impose a penalty on the mattress recycling organization pursuant to this section for a failure to comply with this chapter if the organization demonstrates it received false or misleading information from a member of the organization or other party that was the direct cause of its failure to comply.

(c) The department shall deposit all penalties collected pursuant to this section into the Mattress Recovery and Recycling Penalty Account, which is hereby created in the Used Mattress Recycling Fund. Upon appropriation by the Legislature, moneys deposited into the Mattress Recovery and Recycling Penalty Account shall be expended by the department to administer and enforce this chapter.

(Amended by Stats. 2014, Ch. 371, Sec. 7. (SB 1274) Effective January 1, 2015.)

42993.2.
  

Upon a written finding that a manufacturer, mattress recycling organization, renovator, distributor, recycler, or retailer has not met a material requirement of this chapter, in addition to any other penalties authorized under this chapter, the department may take any of the following actions, after affording the manufacturer, organization, renovator, distributor, recycler, or retailer a reasonable opportunity to respond to, or rebut, the finding, to ensure compliance with the requirements of this chapter:

(a) Revoke the mattress recycling organization’s plan approval or require the mattress recycling organization to resubmit the plan.

(b) Remove the manufacturer, renovator, or distributor from the department’s internet website and list of compliant manufacturers, renovators, and distributors, as specified in Section 42993.

(c) Require additional reporting requirements relating to compliance with the material requirement identified by the department.

(Amended by Stats. 2019, Ch. 673, Sec. 18. (AB 187) Effective January 1, 2020.)

42993.3.
  

(a) A manufacturer, renovator, distributor, recycler, retailer, and mattress recycling organization shall do both of the following:

(1) Upon request, provide the department with reasonable and timely access, as determined by the department and as authorized pursuant to Title 13 (commencing with Section 1822.50) of Part 3 of the Code of Civil Procedure, to its facilities and operations, as necessary to determine compliance with this chapter.

(2) Upon request, provide the department with relevant records necessary to determine compliance with this chapter.

(b) The records required by this chapter shall be maintained and accessible for three years. All reports and records provided to the department pursuant to this chapter shall be provided under penalty of perjury.

(c) The department may take disciplinary action against a manufacturer, renovator, distributor, recycler, retailer, or mattress recycling organization if the manufacturer, renovator, distributor, recycler, retailer, or mattress recycling organization fails to provide the department with the access required pursuant to this section, including, but not limited to, imposing penalties pursuant to Section 42993.1 and posting an immediate notice on the department’s internet website pursuant to Section 42993 that the manufacturer, renovator, or distributor is no longer in compliance with this chapter.

(Amended by Stats. 2019, Ch. 673, Sec. 19. (AB 187) Effective January 1, 2020.)

PRCPublic Resources Code - PRC8