Code Section

48705.  

(a) On or before May 15 of each year, a manufacturer of a paint product sold in this state shall, individually or through a stewardship organization, submit a report to the department describing its paint product recovery efforts in a form and manner determined by the department. At a minimum, the report shall include all of the following:

(1) The total volume of architectural paint sold, excluding aerosol coating products, in this state during the preceding calendar year.

(2) The total volume of postconsumer architectural paint recovered, excluding aerosol coating products, in this state during the preceding calendar year.

(3) A description of methods used to collect, transport, and process postconsumer architectural paint in this state, excluding aerosol coating products.

(4) Commencing with the 2029 report, the total volume of the nonindustrial coatings, the coating-related products, and the aerosol coating products sold in this state during the preceding calendar year.

(5) Commencing with the 2029 report, the total volume of the nonindustrial coatings, the coating-related products, and the aerosol coating products recovered, including the amount, in this state during the preceding calendar year.

(6) Commencing with the 2029 report, a description of methods used to collect, transport, and process paint products in this state.

(7) The total cost of implementing the stewardship program.

(8) An evaluation of how the stewardship program’s funding mechanism operated.

(9) An independent financial audit funded from the stewardship assessment.

(10) Examples of educational materials that were provided to consumers the first year and any changes to those materials in subsequent years.

(11) Any other information deemed relevant by the stewardship organization for the department to determine compliance with the stewardship plan.

(b) The department shall review the annual report required pursuant to this section and within 120 days of receipt shall adopt a finding of compliance or noncompliance with this chapter. If the department determines that the annual report is noncompliant due to a failure to meet the requirements of this chapter, then the department may require the resubmittal of the annual report or take enforcement action.