1. (a) Pursuant to subdivision (f) of section 42051.1 of the Public Resources Code, the PRO's plan shall include a closure and transfer plan, as specified in section 18980.8.2.
2. (b) Pursuant to subdivision (d) of section 42051.1 and subdivision (c) of section 42053 of the Public Resources Code, the PRO's plan shall include a fee schedule. The fee schedule shall be developed using the requirements specified in section 18980.6.7.
3. (c) Pursuant to subdivision (m) of section 42051.1 of the Public Resources Code, the PRO's plan shall include procedures and methods for ensuring that all items claimed as the basis for source reduction through shifting to reusable or refillable items satisfy the requirements to be considered reusable or refillable. The plan shall explain, at a minimum, how the PRO will: confirm items are designed for durability; assess convenience, safety, and environmental risks; and determine the average number of uses or refills for packaging reused or refilled by producers.
4. (d) Pursuant to paragraph (4) of subdivision (m) of section 42051.1 of the Public Resources Code, at a minimum, the plan's record maintenance protocol must include specific requirements to ensure that each producer provides records to the PRO that are sufficient to demonstrate that the producer has complied with the plan and the Act.
5. (e) The plan shall authorize the trustee or escrow agent for the Closure and Transfer Plan established pursuant to section 42056 and subdivision (f) of section 42051.1 of the Public Resources Code to develop and implement, subject to department approval and only after the Closure and Transfer Plan self-executes pursuant to section 18980.8.2, adaptive management strategies to ensure that the requirements of the Act are met if specific plan elements conflict with their achievement. Adaptive management authority shall include authorizing the trustee or escrow agent to make changes to the fee schedule and all appropriate components thereof to ensure that the plan operates in a manner that does not conflict with the requirements of the Act.

Note: Authority cited: Sections 40401, 40502 and 42060, Public Resources Code. Reference: Sections 42051.1, 42053, 42056 and 42057, 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).