Article
16. Marine Flares
25258.25.
(a) This article shall be known, and may be cited, as the Marine Flare Manufacturer Responsibility Act of 2024.(b) The purpose of this article is to provide for the safe and proper management of pyrotechnic marine flares, which pose significant threats to health and safety and may cause significant and costly damage to the environment when managed improperly.
25258.26.
The department may adopt, amend, or repeal, in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), regulations to implement this article. The department shall not adopt regulations to implement this article with an effective date earlier than July 1, 2028.25258.27.
For purposes of this article, the following definitions apply:(a) (1) “Approved manufacturer responsibility plan” means a manufacturer responsibility plan that has been approved by the department pursuant to Section 25258.29 and that has not been subsequently disapproved by the department pursuant to Section
25258.32.
(2) A conditionally approved manufacturer responsibility plan is an approved manufacturer responsibility plan, except as used in Section 25258.29.
(3) A partially approved manufacturer responsibility plan is not an approved manufacturer responsibility plan.
(b) “Brand” means a trademark, including both a registered trademark and an unregistered trademark, a logo, a name, a symbol, a word, an identifier, or a traceable mark that identifies a covered product and identifies the owner or licensee of
the brand.
(c) “Collection site” means a permanent or temporary location where a covered product is collected and prepared for transport in accordance with the requirements of this article.
(d) “Consumer” means a person who owns a covered product and includes the ultimate purchaser, owner, or lessee of a covered product, who is not, as to that covered product, the distributor, importer, manufacturer, retailer, or treatment facility.
(e) “Contact information” means name, physical address, mailing address, email address, and telephone number.
(f) “Covered product” means a pyrotechnic device that
does all of the following:
(1) Produces a brilliant light or a plume of colorful smoke as a visual distress signal, such as on a marine vessel, to attract attention and pinpoint a person’s location in an emergency.
(2) At the time of disposal, meets the criteria for household hazardous waste, as defined by Section 25218.1.
(3) Is used in conjunction with recreational activities.
(g) “Distributor” means a person that has a contractual relationship with one or more manufacturers to market and sell covered products to retailers.
(h) “Importer” means either of the following:
(1) A person qualifying as an importer of record for purposes of Section 1484(a)(2)(B) of Title 19 of the United States Code regarding the import of a covered product that is sold, distributed for sale, or offered for sale in or into the state that was manufactured or assembled by a company outside of the United States.
(2) A person importing into the state for sale, distributing for sale, or offering for sale in the state a covered product that was manufactured or
assembled by a company physically located outside of the state.
(i) (1) “Manufacturer” means a person who manufactures a covered product and who sells, offers for sale, or distributes a covered product into the state under the person’s own name or brand.
(2) If there is no person in the state who is the manufacturer for purposes of paragraph (1), the manufacturer of the covered product is the owner or exclusive licensee of a brand under which the covered product is sold or distributed into the state. For purposes of this subdivision, an exclusive licensee is a person holding the exclusive right to use a brand in the state in connection
with the manufacture, sale, or distribution for sale in or into the state of the covered product.
(3) If there is no person in the state who is the manufacturer for purposes of paragraph (1) or (2), the manufacturer of the covered product is the person that imports the covered product into the state for sale, distribution, or installation.
(4) If there is no person in the state who is the manufacturer for purposes of paragraph (1), (2), or (3), the manufacturer of the covered product is the distributor, retailer, dealer, or wholesaler who sells the product in or into the state.
(5) For purposes of this article, the sale of a covered product shall be deemed to occur in the state if the covered product is delivered
to the consumer in the state.
(j) “Manufacturer responsibility plan” means the plan developed by a manufacturer for the collection, transportation, and the safe and proper management of covered products pursuant to this article.
(k) “Retailer” means a person who sells or offers for sale a covered product in or into the state to a person through any means, including, but not limited to, sales outlets, catalogs, the telephone, the internet, or any electronic means.
25258.28.
(a) On and after January 1, 2026, a manufacturer that sells, offers for sale, imports, or distributes a covered product in the state shall submit to the department a manufacturer responsibility plan.(b) A manufacturer, retailer, dealer, importer, or distributor shall not sell, distribute, offer for sale, or import a covered product in or into the state that contains perchlorate, as defined in Section 25210.5.
25258.29.
(a) The department shall review a manufacturer responsibility plan for compliance with this article. As part of the review of a manufacturer responsibility plan, the department shall include a discussion of the manufacturer responsibility plan on an agenda for a regularly scheduled department board meeting. Within 90 calendar days of receipt of the manufacturer responsibility plan from a manufacturer, the department shall respond with an approval, disapproval, conditional approval, request for additional information, or timeline for a decision on approval
or disapproval.(b) If the department approves a manufacturer responsibility plan, a revised manufacturer responsibility plan, or a conditionally approved manufacturer responsibility plan, then the department shall notify the manufacturer of the approval. The manufacturer shall implement the approved manufacturer responsibility plan within 90 days of receipt of the notice of approval, or as otherwise agreed to by the department.
(c) If the department conditionally approves the manufacturer responsibility plan, then the department shall explain, in writing, how the manufacturer responsibility plan or parts of the manufacturer responsibility plan do not comply with this article, and the manufacturer shall ensure the conditions are met.
(d) If the department disapproves the manufacturer responsibility plan, the department shall explain, in writing, how the manufacturer responsibility plan does not comply with this article, and the manufacturer shall submit a revised manufacturer responsibility plan to the department within 45 days of receipt of the disapproval. The department shall have 15 days, from receipt, to review a revised manufacturer responsibility plan. If the department does not approve or conditionally approve the revised manufacturer responsibility plan, then manufacturer is not in compliance with this article.
(e) An approved manufacturer responsibility plan shall be a public record published on the department’s internet website, except that financial, production, or sales data reported by the manufacturer to the department for purposes of the California Public
Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) shall not be open to public inspection. The department may release financial or sales data in summary form only so the information cannot be attributable to a specific entity.
(f) A manufacturer shall implement its approved manufacturer responsibility plan.
(g) Notwithstanding Article 8 (commencing with Section 25180), a manufacturer shall not be subject to penalties for noncompliance with this article before July 1, 2028.
25258.30.
(a) A manufacturer responsibility plan shall include all of the following:(1) The manufacturer’s contact information.
(2) A list of covered products and brands of covered products that the manufacturer sells, distributes for sale, imports for sale, or offers for sale in or into the state.
(3) An explanation of how the manufacturer has and will engage with
stakeholders in the state to develop and implement the manufacturer responsibility plan.
(4) A detailed plan to meet performance standards with associated metrics, and the dates by which the performance standards will be achieved for the performance standards categories identified in Section 25258.31.
(5) A detailed plan for the management of collection sites, including all of the following:
(A) How the manufacturer will provide a free and convenient collection system for covered products, which may include permanent collection sites and
shall include temporary collection sites.
(B) How the manufacturer will provide the collection sites, at no cost to consumers or other entities involved in the collection, the appropriate training, signage, safety guidance, educational materials, and any other items or information necessary for the safe collection and temporary storage of covered materials.
(C) The process by which the manufacturer will provide for the transport of covered products from the collection sites, including transportation costs, the entities involved in transportation, and the final destination of covered products.
(D) A list of all proposed rules, conditions, and requirements for collection sites and treatment facilities, including a template proposed agreement for each of those types of entities as applicable.
(E) A schedule for collection events at temporary collection sites, including both the following:
(i) One collection event in each coastal county each year until January 1, 2028.
(ii) One collection event in each county bordering Lake Tahoe each year until January 1, 2028.
(6) An explanation of the process by which collected covered products will be handled and managed following collection, including
all of the following:
(A) An explanation of how covered products will be handled and managed according to the waste management practices specified in Section 40051 of the Public Resources Code, including an explanation of how the manufacturer will use the best available management technologies.
(B) An explanation of the annual assessment the manufacturer will conduct and the metrics it will use to determine how collection, sorting, transportation, and management outcomes aligned with projections.
(C) An explanation of how the manufacturer will achieve an equitable and circular system that improves the collection, processing, and management operations for covered products, including, but not limited to, pilot
programs to test new processes, methods, or equipment.
(D) An explanation of criteria for the reuse of a collected covered product.
(7) A description of a comprehensive statewide education and outreach program designed to educate consumers and promote participation in the program offered by the manufacturer. A manufacturer is encouraged to work with existing education and outreach materials from the Division of Boating and Waterways and other relevant agencies. The comprehensive statewide education and outreach program shall do all of the following:
(A) Promote the safe and proper management of covered products and shall not promote the disposal of covered products in a manner inconsistent with the services offered by the manufacturer
responsibility plan.
(B) Include information for consumers on how to avoid improper disposal of covered products.
(C) Include a description of the education and outreach efforts to various audiences, including, but not limited to, consumers, to promote their participation in achieving the purposes of the manufacturer responsibility plan. These education and outreach materials shall include, but not be limited to, all of the following:
(i) An internet website that publicizes the entire process for collection, including collection location sites, in addition to any other information necessary to consumers for the safe collection and handling of covered products.
(ii) Signage at point of sale and in marinas that is prominently displayed and easily visible.
(iii) All signage and material required for collection sites by the manufacturer, and the method by which the collection sites can access replacement materials at no cost to the collection site.
(iv) Promotional materials, activities, or both that explain the purpose of the manufacturer responsibility plan and the means by which the manufacturer is managing covered products.
(v) A description of strategies, goals, and metrics the manufacturer will use to annually assess and evaluate the efficacy of the comprehensive statewide education and outreach program.
(8) Written certification by an authorized representative of the manufacturer that states that, at the time of submission to the department, all aspects of the manufacturer responsibility plan are in compliance with all applicable state and federal laws and regulations.
(b) A manufacturer responsibility plan shall be developed to accept and manage covered products at the end of their useful life. An expiration date on a covered product shall be determinative of its useful life.
(c) A manufacturer shall not be required to accept or manage a covered product for which it is not the manufacturer.
25258.31.
(a) The department shall establish performance standards for a manufacturer plan.(b) Performance standards categories shall include, but not be limited to, collection of the covered product.
(c) The performance standards shall specify dates for compliance.
(d) The department may adjust performance standards and compliance dates based on information included in a
manufacturer responsibility plan and annual reports, other information provided by a manufacturer, department waste characterization studies, economic information, and any other relevant information.
(e) Performance standards published by the department pursuant to this section shall not be subject to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(f) A manufacturer shall meet the performance standards established by the department.
25258.32.
(a) On or before March 1, 2027, and on or before March 1 of each year thereafter, a manufacturer shall submit to the department, and make publicly available, an annual report that includes all of the following information for the preceding calendar year:(1) Any proposed changes to the manufacturer’s approved manufacturer responsibility plan and an explanation for those proposed changes.
(2) An estimate of the number of
covered products sold in or into the state by the manufacturer, as determined by the best available commercial data.
(3) The number of collection sites, listed by name, location, and type, from which covered products were collected.
(4) The number, by brand, of covered products collected from each collection site and the total number, by brand, of covered products collected.
(5) The number, by brand and location, of covered products that the manufacturer did not accept for collection because it was not the manufacturer of those covered products.
(6) A complete accounting of the ultimate disposition of all covered products collected by the manufacturer,
including the total weight of materials that were disposed of.
(7) Metrics and a description of the progress toward attaining the performance standards included in the approved manufacturer responsibility plan.
(8) An evaluation of the effectiveness of methods and processes used to achieve the performance goals of the approved manufacturer responsibility plan.
(9) A description of methods used to collect, transport, and manage covered products by the manufacturer, including a description of both of the following:
(A) How the manufacturer handled and managed covered products according to the waste management practices hierarchy described in Section
40051 of the Public Resources Code.
(B) Results of the manufacturer’s assessment of the efficacy of the collection and transportation process pursuant to paragraph (6) of subdivision (a) of Section 25258.30.
(10) A description of how the manufacturer improved the convenience of collection and improved processing operations for covered products, including, but not limited to, pilot programs to test new processes, methods, or equipment.
(11) A summary of the public education used to promote consumer knowledge of the program, including the
manufacturer’s evaluation of the efficacy of the comprehensive statewide education and outreach program pursuant to paragraph (7) of subdivision (a) of Section 25258.30.
(12) Any other information required by regulation.
(b) (1) No later than 90 days after receipt of an annual report, the department shall include discussion of the annual report on an agenda for a regularly scheduled department board meeting.
(2) No later than 120 days after receipt of an annual report, and after completion of the department board meeting
described
in paragraph (1), the department shall notify the manufacturer if the annual report is compliant or noncompliant with subdivision (a).
(3) If the department determines that the annual report is noncompliant due to failure to meet the requirements of subdivision (a), the department may require the resubmittal of the annual report and may take enforcement action pursuant to Article 8 (commencing with Section 25180).
(4) The department may consult with or submit the annual report to a state agency or department if it determines it is necessary for making a determination of compliance or noncompliance of an annual report. The duration of time the department takes for this consultation shall not be included in the time allotted to the department for review pursuant
to paragraph (1).
(c) (1) The annual report shall also include an application to renew an approved manufacturer responsibility plan. The application shall include a manufacturer responsibility plan that meets the requirements of Section 25258.30 and shall include the changes proposed in the manufacturer’s annual report. Section 25258.29 shall apply to the review of the application as if the application were a manufacturer responsibility plan.
(2) A manufacturer shall continue to comply with its approved manufacturer responsibility plan until the department approves or conditionally approves the manufacturer’s application.
(3) If the department disapproves a manufacturer’s application, then the manufacturer shall not be in compliance with this article until the department subsequently approves or conditionally approves a manufacturer responsibility plan submitted by the
manufacturer.
25258.33.
(a) A manufacturer shall pay the department the actual cost for the review of its manufacturer responsibility plan, annual report, and application to renew an approved manufacturer responsibility plan.(b) The department shall deposit all moneys received from a manufacturer pursuant to this section into the Marine Flare Recovery Fund, which is hereby established in the State Treasury.
(c) Upon appropriation by the Legislature,
moneys in the Marine Flare Recovery Fund shall be expended by the department to implement and enforce this article.
(d) The moneys in the Marine Flare Recovery Fund shall only be expended for purposes described in subdivision (c).
25258.34.
(a) A manufacturer shall do both of the following:(1) Upon request, provide the department with reasonable and timely access, as determined by the department, to its facilities and operations, as necessary to determine compliance with this article.
(2) Upon request, within 14 days, provide the department with relevant records, as determined by the department, necessary to determine compliance with this article.
(b) All reports and records provided to the department pursuant to this article shall be provided under penalty of perjury.
(c) The department may impose administrative civil penalties pursuant to Article 8 (commencing with Section 25180) on a manufacturer that fails to provide the department with the access required pursuant to this section.