1. (a) Subject to section 18980.6.5 and subdivision (b) of this section, all annual reports shall include the information specified in paragraphs (2) and (3) of subdivision (a) of section 42051.3 of the Public Resources Code.
2. (b) For purposes of determining the required elements of Independent Producer annual reports, all references to a PRO in the Act with respect to annual reports apply equally to Independent Producers, except for the reference to the fee schedule in subparagraph (A) of paragraph (3) of subdivision (a) of section 42051.3 of the Public Resources Code and the requirements in subparagraph (B) of paragraph (3) of subdivision (a) of section 42051.3 of the Public Resources Code, which do not apply to Independent Producer annual reports.

3. (c) The annual report shall include:

   1. (1) All information on recyclability required pursuant to subdivision (f) of section 18980.3.
   2. (2) Pursuant to subdivision (i) of section 42057 of the Public Resources Code, the recycling rate for all expanded polystyrene, as defined in subdivision (h) of section 18980.3.2, if relevant to the entity reporting.
   3. (3) Information on responsible end markets utilized, as required pursuant to subdivisions (b) and (c) of section 18980.4.2.

4. (d) For the PRO, the annual report shall additionally include:

   1. (1) In the second phase of the annual report, as described in subdivision (c) of section 18980.6.5, fee schedule amendments pursuant to subdivision (e) of section 42053 of the Public Resources Code as a result of adjustments, including calculations for malus fees or credits.

   2. (2) In its first phase of the annual report, as described in subdivision (b) of section 18980.6.5, the following information with respect to source reduction:

      1. (A) Percentage of reduction across all participant producers.
      2. (B) A qualitative assessment of the successes and challenges achieving source reduction goals, delineated by plastic covered material category, which ranks the relative frequency of use of each source reduction strategy.
      3. (C) A quantitative assessment of source reduction achieved through reuse and refill strategies. The assessment shall assess the percentage of reduction in new material produced, detailing the reduction in the number and weight of plastic components through shifting to reusable or refillable packaging or food service ware and elimination of plastic components.
      4. (D) Source reduction percentage by weight achieved through an alternative compliance formula pursuant to subclause (i) of subparagraph (B) of paragraph (2) of subdivision (a) of section 42057 of the Public Resources Code and approved by the Department as part of the PRO's plan.
   3. (3) In the first phase of the annual report, as described in section 18980.6.5, information on the Closure and Transfer Plan as required pursuant to paragraph (2) of subdivision (b) of section 18980.8.2 and subdivision (c) of section 18980.8.2.

5. (e) Within 90 calendar days of receiving the second phase of an annual report submitted pursuant to subdivision (a) of section 42051.3 of the Public Resources Code, as described in subdivision (c) of section 18980.6.5, the Department shall review the annual report to determine if it is complete or incomplete.

   1. (1) After the annual report has been deemed complete, the Department shall review the annual report for compliance with applicable requirements of the Act and this article, as set forth in paragraphs (2) through (5) of subdivision (b) of section 42051.3 of the Public Resources Code.

Note: Authority cited: Sections 40401, 40502 and 42060, Public Resources Code. Reference: Sections 42051, 42051.3, 42053, 42057, 42080 and 42081, 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).