1. (a) A PRO shall maintain records documenting the following:

   1. (1) For the previous calendar year, for each covered material category, disaggregated by each participant producer:

      1. (A) The total weight of material sold, distributed, or imported in or into the state.
      2. (B) The total number of plastic components sold, distributed, or imported in or into the state.
      3. (C) The total weight of material that is recycled.
      4. (D) The total weight of material that is disposed of.

   2. (2) For covered material collected and recycled or disposed of through a program other than curbside collection programs, for each covered material category:

      1. (A) The total weight of material collected by the program.
      2. (B) The total weight of material that is recycled.
      3. (C) The total weight of material that is disposed of.

2. (b) A PRO shall maintain the following records:

   1. (1) Records kept pursuant to subdivision (a) of section 42054 of the Public Resources Code.
   2. (2) All contracts or agreements established with entities, including, but not limited to, end markets, recycling service providers, and intermediate supply chain entities, during each contract's term and for at least three years thereafter.
   3. (3) Copies of supporting records that were used in creating those reports pursuant to section 18980.10.1.
   4. (4) Documentation of all information included in the verifications required pursuant to subdivision (c) of section 18980.4.2.
   5. (5) Copies of audits and investigations undertaken pursuant to section 18980.4.2.
   6. (6) Records required to be maintained pursuant to subparagraph (A) of paragraph (4) of subdivision (c) of section 18980.3.3, if any.
   7. (7) Records of complaints received on responsible end markets pursuant to subdivision (f) of section 18980.8.
3. (c) Notwithstanding the PRO's obligations with respect to record maintenance and implementation of a records maintenance protocol, each producer is responsible for ensuring that it complies with subdivision (d) of section 42052 of the Public Resources Code, either through records in its custody or records maintained by the PRO. Records in the producer's custody or the PRO's custody must be sufficient for the Department to determine whether the producer is complying with this chapter and the Act.
4. (d) All records required to be maintained pursuant to this chapter or the PRO's record maintenance protocol shall be available for inspection by an authorized representative of the Department or other duly authorized regulatory agency and maintained for at least three years.
5. (e) An entity subject to requirements under this article or the Act shall, within 10 calendar days of receiving written request from the Department, provide to the Department records necessary for the Department to assess the entity's compliance. At the Department's option, records shall be provided either by allowing physical access during normal business hours to the Department or other duly authorized regulatory agency or by submitting them to the Department by electronic means.
6. (f) For the purposes of this article, the weight of material recycled shall be determined according to paragraph (2) of subdivision (b) of section 18980.3.2.
7. (g) For the purposes of this article, the weight of material disposed of shall be determined according to paragraph (3) of subdivision (b) of section 18980.3.2.

Note: Authority cited: Sections 40401, 40502, 42057 and 42060, Public Resources Code. Reference: Sections 42051.1, 42052 and 42054, Public Resources Code.

History

1. New section filed 5-1-2026; operative 5-1-2026 pursuant to Government Code section 11343.4(b)(3) (Register 2026, No. 19).