(a) (1) (A) On or before September 30, 2022, and on or before September 30 of each year thereafter until September 30, 2028, each manufacturer shall, in accordance with this section, individually, or collectively with a group of manufacturers, do both of the following: (i) Pay to the department an aggregate total, calculated in accordance with paragraph (2), and not to exceed four hundred thousand dollars ($400,000), to cover the actual and reasonable regulatory costs incurred by the department to administer, implement, and enforce this act for the fiscal year in which the payment is made. (ii) Pay to the qualified third party the amount required pursuant to the annual payment schedule outlined in paragraph (1) of subdivision (e) and provide to the department written notice of each payment. (B) On or before September 30, 2022, each manufacturer shall, in accordance with this section, individually, or collectively with a group of manufacturers, pay to the department an amount equal to the departmentâs actual and reasonable regulatory costs incurred to administer, implement, and enforce this act from January 1, 2022, to June 30, 2022, inclusive. (C) If September 30 falls on a Saturday or Sunday, a payment required pursuant to subparagraphs (A) and (B) shall be due on the following Monday. (D) A late payment pursuant to clause (i) of subparagraph (A) or subparagraph (B) shall be subject to interest beginning October 1 at a rate of 10 percent per annum pursuant to subdivision (a) of Section 79655. (2) The total aggregate amount required to be paid to the department pursuant to clause (i) of subparagraph (A) of paragraph (1) shall be based on the sum of both of the following, less the amount of any fees paid by a manufacturer, or group of manufacturers, for the prior fiscal year that exceeded the departmentâs actual and reasonable regulatory costs to administer, implement, and enforce this act for that prior fiscal year: (A) An amount that conforms to the total amount of moneys appropriated by the Legislature for expenditure that fiscal year from the fund, which shall not exceed the departmentâs actual and reasonable regulatory costs to administer, implement, and enforce this act for that fiscal year. (B) An amount necessary to ensure a reasonable reserve in the fund that fiscal year for contingencies, including to ensure that funded programs will not be adversely affected by additional baseline expenditure adjustments that may occur in that fiscal year, as determined by the Department of Finance. (3) (A) The department shall deposit all moneys paid by a manufacturer, or group of manufacturers, to the department pursuant to clause (i) of subparagraph (A) of paragraph (1) and subparagraph (B) of paragraph (1) into the Mercury Thermostat Collection Program Fund, which is hereby established. (B) Upon appropriation by the Legislature, moneys in the Mercury Thermostat Collection Program Fund shall be used only for the following purposes: (i) The departmentâs actual and reasonable regulatory costs in administering, implementing, and enforcing this act. (ii) Reimbursement of any loans made to the Mercury Thermostat Collection Program Fund or repayment of any expenditures made from any other fund to finance the departmentâs actual and reasonable regulatory costs incurred to administer, implement, and enforce this act from January 1, 2022, to June 30, 2022, inclusive. (iii) The actual and reasonable regulatory costs incurred by any other agency assisting the department in administering, implementing, and enforcing this act. (C) Notwithstanding any other law, moneys in the Mercury Thermostat Collection Program Fund shall not be loaned to, or borrowed by, any other special fund or the General Fund. (D) Moneys in the Mercury Thermostat Collection Program Fund shall not be expended for any purpose not enumerated in this act. (b) (1) A manufacturer may individually remit a payment required pursuant to subparagraph (A) or (B) of paragra
‹ Prev All California sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.