(a) (1) As part of its producer responsibility plan pursuant to Section 42051.1, a PRO shall establish a fee for its participants sufficient to ensure the requirements of this chapter are met by the PRO and the plan is fully implemented. The fee shall be based on a fee schedule to be developed by the PRO pursuant to subdivision (c). Development of the fee schedule shall ensure that the PRO budget included in the plan is fully funded. The fee shall not be passed on to consumers as a separate item on a receipt or invoice. (2) The PRO shall adjust any fee schedules at least every year or more frequently if needed in order to fully cover the expenses in the approved budget. (3) A producer that is a participant of a PROâs approved plan shall pay the fee required by this section and, upon request, provide the PRO with records or other information necessary for the PRO to meet the PROâs requirements under this chapter. (b) During the first two years of operation and during the preparation of the plan developed pursuant to Section 42051.1, the PRO shall determine the fee schedule for each producer based on estimated costs of implementing the plan, operating costs, the cost of completing the needs assessment, and the costs to reimburse the department. In the third year and each successive year of operation, each producer shall pay an annual fee as established in the PRO plan based on the factors described in subdivision (d). (c) The fee schedule required pursuant to subdivision (a) shall include all of the following: (1) Individual assessments imposed on a producer due to unique characteristics of their covered material, as described in subdivision (d). (2) Any adjustments pursuant to subdivision (e). (3) The California circular economy administrative fee. (4) Reimbursing the department for costs to administer the advisory board. (5) Any fees associated with environmental mitigation activities associated with Section 42064. (6) The costs of the PRO, including, but not limited to, staff and the costs associated with the development and implementation of the producer responsibility plan. (7) Any other costs described in subdivision (j) of Section 42051.1. (d) A PRO shall structure the fee schedule required pursuant to subdivision (a), delineated by covered material category and based on the following factors: (1) The costs to ensure each covered material category meets the requirements of this chapter. Covered material that is easier and less expensive to recycle or compost or that is designed to be recycled into a similar covered material or a material that is easier to be composted shall be subject to lower fees. The costs may include all of the following: (A) Costs to develop and sustain viable responsible end markets for each covered material category. (B) Costs to collect, sort, avoid or remove contamination, aggregate, and transport the covered material into defined streams to support the viable responsible end markets for the remanufacturing of the covered material either through curbside collection or other means. (C) Costs incurred by local jurisdictions or recycling service providers to process and transport covered materials in a manner and quality sufficient for acceptance by viable responsible end markets. This includes costs incurred by local jurisdictions or recycling service providers to reduce or mitigate the rate of inbound contamination by noncertified compostable products at composting facilities. These costs may vary by local jurisdiction. (D) Other costs necessary to implement the plan and achieve the source reduction, recyclability and compostability, recycling rate, and other requirements of this chapter, including, but not limited to, ensuring that plan implementation avoids and minimizes negative environmental or public health impacts on disadvantaged or low-income communities or rural areas. (E) Costs incurred by local jurisdictions or recycling service providers for any waste stream sampling and reporting
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