Responsible Battery Recycling Act of 2022: covered batteries., the official text

An act to amend Sections 42420.1, 42420.4, 42422, 42422.1, and 42424.1 of the Public Resources Code, relating to solid waste.

LEGISLATIVE COUNSEL'S DIGEST

Existing law, the Responsible Battery Recycling Act of 2022 (battery recycling act), establishes a stewardship program, administered by the Department of Resources Recycling and Recovery, with the Department of Toxic Substances Control, as provided, for the collection, transportation, and recycling, and the safe and proper management, of covered batteries in the state in an economically efficient and practical manner. The battery recycling act defines a “covered battery” to mean a device consisting of one or more electrically connected electrochemical cells designed to receive, store, and deliver electric energy. Existing law defines a “covered battery” to include a loose battery that is designed to be easily removed from a product by the user of the product with no more than common household tools. Existing law excludes from the definition of a covered battery a primary battery weighing over 2 kilograms. Existing law defines a “primary battery” for this purpose to mean a nonrechargeable battery, including, but not limited to, alkaline, carbon-zinc, and lithium metal batteries. Existing law also excludes from the definition of a covered battery a rechargeable battery weighing over 5 kilograms and having a watthour rating of more than 300 watthours.
This bill would revise the description of a loose battery, for purposes of the definition of a covered battery, by providing that a key, application, or other locking device provided to the consumer by the producer of the product or battery that is warranted by the producer of the product or battery to serve solely to prevent theft of the battery or tampering by persons other than the consumer and not to inhibit the consumer’s ability to remove, replace, or recycle the battery would not prevent a battery from being considered designed to be easily removed from a product by the user of the product with no more than common household tools. The bill would remove the exclusions from the definition of a covered battery for a primary battery and a rechargeable battery, described above. The bill would categorize all covered batteries as either a small format battery or a medium format battery. The bill would define a “small format battery” to include a rechargeable battery weighing no more than 11 pounds with a rating of no more than 300 watthours and a nonrechargeable battery weighing no more than 4.4 pounds. The bill would define a “medium format battery” to include a rechargeable battery that weighs more than 11 pounds or that has a rating of more than 300 watthours, or both, but that does not weigh more than 25 pounds or have a rating more than 2,000 watthours, and a nonrechargeable battery weighing more than 4.4 pounds but fewer than 25 pounds.
The act requires a producer of covered batteries, individually or through a stewardship organization, to develop and implement a stewardship plan for the collection, transportation, and recycling, and the safe and proper management, of covered batteries in the state. The act requires the stewardship plan to describe how the producer or stewardship organization will provide a certain number of collection sites for covered batteries in each county, as provided.
This bill would instead require the stewardship plan to describe how the producer or stewardship organization will provide a certain number of collection sites for small format batteries and medium format batteries, as specified.
The battery recycling act requires all reports and records provided to the department to be provided under penalty of perjury.
By expanding the scope of the act, the bill would expand the scope of the crime of perjury, thereby imposing a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.

The people of the State of California do enact as follows:

SECTION 1.
Section 42420.1 of the Public Resources Code is amended to read:
42420.1.
For purposes of this chapter, the following terms have the following meanings:
(a) “Brand” means a trademark, including both a registered trademark and an unregistered trademark, a logo, a name, a symbol, a word, an identifier, or a traceable mark that identifies a covered battery and identifies the owner or licensee of the brand.
(b) “Collection site” means a permanent or temporary location at which covered batteries are collected and prepared for transport in accordance with the requirements of this chapter.
(c) “Consumer” means an owner of a covered battery, including a person, business, corporation, limited partnership, nonprofit organization, or governmental entity, and includes the ultimate purchaser, owner, or lessee of a covered battery, who is not, as to that covered battery, the distributor, importer, producer, recycler, retailer, or stewardship organization.
(d) (1) “Covered battery” means a device consisting of one or more electrically connected electrochemical cells designed to receive, store, and deliver electric energy. A covered battery includes only a small format battery and a medium format battery that is any of the following:
(A) A loose battery that is either sold separately from a product or that is designed to be easily removed from a product by the user of the product with no more than common household tools. A key, application, or other locking device provided to the consumer by the producer of the product or battery that is warranted by the producer of the product or battery to serve solely to prevent theft of the battery or tampering by persons other than the consumer and not to inhibit the consumer’s ability to remove, replace, or recycle the battery shall not prevent a battery from being considered designed to be easily removed from a product by the user of the product with no more than common household tools.
(B) A battery that is packed with, but not installed in, the product that the battery is intended to power, when the product is offered for sale by the producer.
(2) “Covered battery” does not include any of the following:
(A) A lead-acid battery, as defined in subdivisions (a) and (b) of Section 42440.
(B) (i) A battery contained in a motor vehicle. For purposes of this subparagraph, “motor vehicle” has the same meaning as set forth in Section 415 of the Vehicle Code.
(ii) Notwithstanding any other law, the exclusion in clause (i) does not apply to a battery contained in any of the following:
(I) A motorized scooter.
(II) A motorized skateboard.
(III) A motorized hoverboard.
(IV) A device intended to propel or move upon a highway only one individual person or property.
(C) A fuel cell electrical generating facility. For purposes of this subparagraph, “fuel cell electrical generating facility” has the same meaning as “eligible fuel cell electrical generating facility,” as defined in Section 2827.10 of the Public Utilities Code.
(D) (i) A Class I device as defined in Section 360c of Title 21 of the United States Code, and either of the following applies:
(I) It is a device described in Section 414.202 of Title 42 of the Code of Federal Regulations.
(II) Either of the following applies:
(ia) The device is predominantly used in a health care setting by a provider.
(ib) The device is predominantly prescribed by a health care provider.
(ii) A Class II or Class III device as defined in Section 360c of Title 21 of the United States Code.
(E) A battery that has been recalled.
(e) “Department” means the Department of Resources Recycling and Recovery or a successor agency.
(f) “Distributor” means a company that has a contractual relationship with one or more producers to market and sell covered batteries to retailers.
(g) “Electrochemical cell” means a system consisting of an anode, a cathode, and an electrolyte, plus electrical or mechanical connections needed to allow the cell to deliver or receive electric energy.
(h) “Importer” means either of the following:
(1) A person qualifying as an importer of record for purposes of Section 1484(a)(2)(B) of Title 19 of the United States Code with regard to the import of a covered battery that is sold, distributed for sale, or offered for sale in or into the state that was manufactured or assembled by a company outside of the United States.
(2) A person importing into the state for sale, distributing for sale, or offering for sale in the state a covered battery that was manufactured or assembled by a company physically located outside of the state.
(i) Medium format battery means either of the following:
(1) A rechargeable battery that weighs more than 11
pounds or that has a rating of more than 300 watthours, or both, but that does not weigh more than 25 pounds or have a rating of more than 2,000 watthours.
(2) A nonrechargeable battery, including, but not limited to, alkaline, carbon-zinc, and a lithium metal battery, weighing at least 4.4 pounds but no more than 25 pounds.
(j) “Person” has the same meaning as set forth in Section 40170.
(k) (1) “Producer” means a person who manufactures a covered battery and who owns or is the licensee of the brand or trademark under which that covered battery is sold, offered for sale, or distributed for sale in or into the state.
(2) If there is no person in the state who is the producer for purposes of paragraph (1), the producer of the covered battery is the owner of a brand or trademark or, if the owner is not in the state, the exclusive licensee of a brand or trademark under which the covered battery is sold, imported for sale, offered for sale, or distributed for sale in or into the state. For purposes of this subdivision, an exclusive licensee is a person holding the exclusive right to use a trademark or brand in the state in connection with the manufacture, sale, or distribution for sale in or into the state of the covered battery.
(3) If there is no person in the state who is the producer for purposes of paragraph (1) or (2), the producer of the covered battery is the person who sells, offers for sale, or is the importer or distributor of the covered battery in or into the state for sale in or into the state.
(4) For purposes of this chapter, the sale of a covered battery shall be deemed to occur in the state if the covered battery is delivered to the purchaser in the state.
(5) “Producer” does not include an admitted insurer possessing a certificate of authority from the Insurance Commissioner pursuant to Section 700 of the Insurance Code, nor does it apply to a placement of insurance that was made in full compliance with Section 1765.1 or 1765.2 of the Insurance Code.
(l) “Program operator” means a producer, or a stewardship organization on behalf of a group of producers, that is responsible for implementing a stewardship program in accordance with the requirements of this chapter.
(m) (1) “Rechargeable battery” means a battery that contains one or more voltaic or galvanic cells, electrically connected to produce electric energy, and that is designed to be recharged.
(2) “Rechargeable battery” does not include either of the following:
(A) A battery that contains electrolytes as a free liquid.
(B) A battery that employs lead-acid technology, unless that battery is sealed and contains no free liquid electrolytes.
(n) “Recycler” means a person who changes the physical or chemical composition of covered batteries.
(o) “Recycling” has the same meaning as set forth in subdivision (a) of Section 25121.1 of the Health and Safety Code. “Recycling” does not include any of the following:
(1) Combustion.
(2) Incineration.
(3) Energy generation.
(4) Fuel production.
(5) Beneficial reuse in the construction and operation of a solid waste landfill, including use of alternative daily cover.
(6) Other forms of disposal, as defined in subdivision (b) of Section 40192.
(p) “Recycling efficiency rate” means the ratio of the weight of covered battery components recycled by a program operator from covered batteries to the weight of those covered batteries collected by the program operator.
(q) “Retailer” means a person who sells or offers for sale covered batteries in or into the state to a person through any means, including, but not limited to, sales outlets, catalogs, the telephone, the internet, or any electronic means.
(r) “Small format battery” means both of the following:
(1) A rechargeable battery weighing no more than 11 pounds that has a rating of no more than 300 watthours.
(2) A nonrechargeable battery, including, but not limited to, alkaline, carbon-zinc, and a lithium metal battery, weighing no more than 4.4 pounds.
(s) “Stewardship organization” means an organization exempt from taxation under Section 501(c)(3) of the federal Internal Revenue Code of 1986 (26 U.S.C. Sec. 501(c)(3)) that is established by a group of producers in accordance with this chapter to develop and implement a stewardship program.
(t) “Stewardship plan” or “plan” means a plan developed by a program operator pursuant to this chapter for the collection, transportation, and recycling, and the safe and proper management, of covered batteries.
(u) “Stewardship program” means a program established by a program operator pursuant to this chapter for the free at drop off, convenient, and safe collection, transportation, recycling, and otherwise proper management of covered batteries.

SEC. 2.
Section 42420.4 of the Public Resources Code is amended to read:
42420.4.
(a) (1) A program operator shall include as a collection site under its stewardship program any entity that offers in writing to participate in the stewardship program, complies with all applicable state, federal, and municipal laws and regulations, complies with any program operator requirements that are consistent with that program operator’s approved stewardship plan, and is judged by the program operator to have sufficient staff and resources to reliably comply, even if the minimum thresholds described in subdivision (d) of Section 42422.1, as applicable, have been achieved.
(2) A program operator shall include as a collection site under its stewardship program any household hazardous waste collection facility, as defined in Section 25218.1 of the Health and Safety Code, that offers in writing to participate in the stewardship program, complies with all applicable state, federal, and municipal laws and regulations, and complies with any program operator requirements that are consistent with that program operator’s approved stewardship plan, even if the minimum thresholds described in subdivision (d) of Section 42422.1, as applicable, have been achieved.
(b) A program operator shall include the offering entity as a collection site in the stewardship program within 90 days of receiving the written offer to participate, confirming that the offering entity will comply with all applicable state and federal laws and regulations, and confirming that the offering entity has sufficient staff and resources to comply with any program operator requirements that are consistent with that program operator’s approved stewardship plan, even if the minimum thresholds described in subdivision (d) of Section 42422.1, as applicable, have been achieved. The program operator shall not be required to respond to offers pursuant to this paragraph until the program operator’s stewardship plan has been approved by the department.
(c) A program operator may suspend or terminate a collection site or service that does not comply with all applicable state, federal, or municipal laws and regulations or adhere to the rules and conditions imposed by the program operator pursuant to paragraph (4) of subdivision (d) of Section 42422.1.
(d) A collection site shall be operated to ensure that covered batteries, as applicable, are collected safely and handled in accordance with all applicable state, federal, and municipal laws and regulations and the rules and conditions of the stewardship plan.
(e) This section does not exempt the program operator from meeting the minimum thresholds described in subdivision (d) of Section 42422.1.

SEC. 3.
Section 42422 of the Public Resources Code is amended to read:
42422.
Within 12 months of the effective date of the regulations adopted by the department pursuant to Section 42420.2, a program operator shall develop and submit to the department a complete stewardship plan, in accordance with the requirements of this chapter, for the collection, transportation, and recycling, and the safe and proper management, of covered batteries in the state in an economically efficient and practical manner. No stewardship program serving more than one producer may limit its collection, transportation, and recycling of covered batteries to covered batteries of the producers participating in that stewardship program, except as provided in paragraph (5) of subdivision (d) of Section 42422.1.

SEC. 4.
Section 42422.1 of the Public Resources Code is amended to read:
42422.1.
A stewardship plan for covered batteries shall include all of the following:
(a) The names of producers, as defined in subdivision (k) of Section 42420.1, and brands of covered batteries covered under the stewardship plan.
(b) A description of the process by which the program operator consulted with the advisory body created pursuant to Section 42422.4 to receive advice on the development and implementation of the stewardship plan.
(c) A description of methodologies for measuring, and meeting or exceeding, the established minimum recycling efficiency rate for primary and rechargeable batteries to meet the annual report requirement in subdivision (i) of Section 42424.1.
(d) A description of how the program operator will provide for a free at drop off and convenient collection system for covered batteries in each county of the state that meets all of the following requirements:
(1) For small format batteries, a minimum of 10 collection sites per county or one collection site per 15,000 people, whichever is greater, except as identified below:
(A) A county with a population of 18,000 and under, as reported annually by the Department of Finance, shall have a minimum of three collection locations.
(B) A county with a population of between 18,001 and 50,000, as reported annually by the Department of Finance, shall have a minimum of four collection locations.
(C) A county with a population between 50,001 and 100,000, as reported annually by the Department of Finance, shall have a minimum of eight collection locations.
(2) For medium format batteries, one of following, as applicable:
(i) For a county with a population of 50,000 or more, a minimum of five collection sites per county or one collection site per 30,000 people, whichever is greater.
(ii) For a county with a population of 18,001 to 50,000, inclusive, a minimum of two collections sites.
(iii) For a county with a population of 18,000 or fewer, a minimum of one collection site.
(3) The collection sites required by this subdivision shall not be required to collect covered batteries that are damaged, defective, or recalled.
(4) The collection sites in each county shall be spread throughout the county to facilitate widespread access and convenience. This paragraph does not authorize the department to require more than the minimum number of collection sites required pursuant to paragraph (1) or the regulations adopted by the department pursuant to Section 42420.2.
(5) If a stewardship plan for covered batteries does not include a brand of small format batteries that is sold in the state, then the stewardship plan is not required to have collection sites for small format batteries pursuant to paragraph (1). If a stewardship plan for covered batteries does not include a brand of medium format batteries that is sold in the state, then the stewardship plan is not required to have collection sites for medium format batteries pursuant to paragraph (2).
(e) A description of how collection sites will be authorized and managed, including both of the following:
(1) An explanation of the process by which the program operator will, upon request, provide to a household hazardous waste collection facility as defined in Section 25218.1 of the Health and Safety Code, at no cost, and to all other collection sites, at cost, packaging consistent with the requirements found in the United States Department of Transportation’s hazardous materials regulations and the necessary forms and instructions for the safe collection and transportation of damaged or defective covered batteries.
(2) An explanation of the process by which the program operator will provide for the collection and transport of covered batteries from the collection sites to a recycler and how shipments will be documented. A program operator shall maintain these records and make them available to the department upon request.
(f) A program operator shall allow a consumer to drop off at a collection site, at no charge at drop off, covered batteries.
(g) A description of how the program operator will provide collection sites at no cost to the collection sites with appropriate containers for covered batteries subject to its program, training, signage, safety guidance, and educational materials.
(h) All handling, collection, transport, and recycling of covered batteries undertaken as part of a stewardship program under this chapter shall comply with all applicable state and federal laws and regulations, but the department may not take enforcement action under this chapter against a program operator for failure to comply with those state and federal laws and regulations unless the program operator is first determined to have violated the applicable state or federal law or regulation by the governing body with jurisdiction to enforce the state or federal law or regulation.
(i) A retailer with five or more locations in the state shall make all locations serve as permanent collection sites for small format batteries, and shall comply with the rules and conditions of the program in which it participates, as part of a stewardship program. A retailer that is not a collection site pursuant to paragraph (2) of subdivision (d) is not required to collect medium format batteries.
(j) No program operator shall be required, as a condition of approval of its plan or program or otherwise, to accept damaged, defective, or recalled batteries at sites served by the program operator. Program operators shall provide to sites participating in their programs, information for persons seeking to recycle damaged or defective batteries informing those persons of the requirements for doing so and of the closest location at which damaged or defective batteries may be accepted. Program operators shall provide to sites participating in their programs information for persons seeking to recycle recalled batteries informing those persons of instructions to contact any entity recalling batteries to determine the appropriate handling of those batteries.
(k) (1) A description of the method to establish and administer a means for fully funding the stewardship program in a manner that equitably distributes the stewardship program’s costs among the producers that are part of the stewardship organization. For producers that elect to meet the requirements of this chapter individually, without joining a stewardship organization, a description of the proposed method to establish and administer a means for fully funding the stewardship program.
(2) The stewardship plan shall include a stewardship program budget, for the next three calendar years, that includes a funding level and anticipated revenues and costs sufficient to cover the budgeted costs, including, but not limited to, administrative costs, operational costs, and capital costs, to operate the stewardship program in a prudent and responsible manner. Administrative costs shall include the department’s and the Department of Toxic Substances Control’s anticipated actual, reasonable, and direct regulatory costs to implement and enforce this chapter as the criteria for all the costs are defined in the regulations adopted pursuant to Section 42420.2. For purposes of this paragraph, stewardship program implementation begins once the department approves a program operator’s stewardship plan, except the department’s and the Department of Toxic Substances Control’s costs shall include actual, reasonable, and direct regulatory development costs and other startup regulatory costs incurred prior to stewardship plan submittal and approval.
(l) A description of the process by which covered batteries will be processed and recycled following collection at collection sites, including all of the following:
(1) A description of how covered batteries will be handled and recycled, including how covered batteries will not be disposed of by the program operator and a description of how the recycling of all covered batteries will be maximized.
(2) A description of how discarded covered battery residual materials will, to the extent economically and technically feasible, be recycled and a description of how contracts with service providers will require that this be done and how the contractor will accomplish this.
(3) A description of how the program operator will prioritize the use of recycling facilities located closer to the point of generation to minimize transportation emissions and increase accountability.
(m) Coordination with, and a description of the efforts and methods used to coordinate activities with, all of the following entities who are responsive to a request from the program operator:
(1) Other program operators.
(2) Existing battery collection and recycling programs, including electronic waste recyclers and dismantlers.
(3) Community-based organizations that contact the program operator and that are qualified to run or support collection events.
(n) Consultation with the California Environmental Protection Agency’s Environmental Justice Task Force regarding methods to supplement those of the program operator to collect covered batteries for recycling in areas and communities that face unique challenges associated with proper waste management, such as poverty, language barriers, and illegal disposal.
(o) A comprehensive statewide education and outreach program designed to educate consumers and promote participation in the collection and recycling program offered by the program operator. At a minimum, the comprehensive statewide education and outreach program shall include all of the following:
(1) A description of the education and communications strategy being implemented to effectively promote participation in the approved covered battery stewardship program and provide the information necessary for effective participation of consumers, retailers, and others.
(2) An internet website that publicizes the location of collection sites and provides information to consumers on the free at drop off and convenient network of collection sites offered by the stewardship program and any other information reasonably necessary to safely and conveniently access the collection and recycling services offered in the state.
(3) All signage and materials required for collection sites by the program operator, and the method by which collection sites can access replacement materials at no cost to the collection site.
(4) A description of efforts to support participation by all California communities, including a description of efforts to communicate with consumers in languages other than English, as described in subdivision (n).
(5) A description of goals and metrics used to determine the success of the statewide education and outreach program.
(6) The statewide education and outreach program shall promote the safe and proper management of covered batteries.
(7) The statewide education and outreach program shall not promote the disposal of covered batteries in a manner inconsistent with the services offered by the stewardship plan.
(8) The statewide education and outreach plan shall include information for consumers about how to avoid improper disposal of covered batteries.
(9) A description of how the program operators will annually assess and evaluate the efficacy of the comprehensive statewide education and outreach program and periodically adjust strategies to maximize participation in the stewardship program.
(10) (A) Any program operator serving more than one producer shall coordinate with other program operators on the education and outreach programs that they implement pursuant to this subdivision.
(B) The department may approve multiple program operators sharing, on an equitable basis, the costs of implementing elements of the program that benefit all approved plans serving more than one producer and the program operators sponsoring them, except those costs specified in paragraphs (2) and (9).
(p) Developing strategies in coordination with other program operators to develop and implement proper labeling of covered batteries to ensure proper collection and recycling, by identifying the chemistry of the covered battery and including an indication that the covered battery should not be disposed of as household waste.
(q) A contingency plan in the event the stewardship plan expires, is disapproved, or is revoked. The contingency plan shall describe how the stewardship plan objectives can be carried out in the absence of a plan, either by the program operator or through an entity such as an escrow company.

SEC. 5.
Section 42424.1 of the Public Resources Code is amended to read:
42424.1.
A program operator shall annually submit to the department, in the form and manner, and by the date, determined by the department, an annual report, which the department shall make publicly available that includes all of the following information for the preceding calendar year:
(a) The program operator’s costs and revenues.
(b) An estimate of the quantity of covered batteries sold in or into the state by the producers covered by the program operator’s stewardship plan, as determined by the best available commercial information, potentially including the application of California population data to the national sales information and the discarded covered batteries collected for recycling through the stewardship program.
(c) A list of the stewardship program’s collection sites, by name, location, and type.
(d) The total weight of primary and rechargeable batteries, respectively, that were collected.
(e) A list of each battery recycling facility used by the stewardship program, by name and location.
(f) An updated list of the names and corporate mailing addresses of producers, as defined in subdivision (k) of Section 42420.1 and brands of covered batteries covered under the stewardship plan.
(g) The total weight and number of covered batteries sold in or into the state attributed to a producer, who is a registered participant of the program operator’s plan, that are collected in the state and recycled by the program operator during the preceding calendar year, including a description of the methodology and information used to determine and calculate these values.
(h) The recycling efficiency rate of rechargeable and primary batteries that were recycled.
(i) Beginning January 1, 2027, a minimum recycling efficiency rate of 60 percent for rechargeable batteries and 70 percent for primary batteries shall be achieved. The weight of recovered materials from covered batteries counted towards the satisfaction of the recycling efficiency rate requirement shall be used.
(j) A description of methods used to collect, transport, and recycle covered batteries by the program operator.
(k) A description of outreach efforts and education, including, but not limited to, education and outreach provided to consumers, collection sites, manufacturers, distributors, and retailers by the program operator for the purpose of promoting the collection and recycling of covered batteries.
(l) (1) A report on coordination activities with other program operators, including covered battery collection and recycling programs and electronic waste recyclers, with regard to the proper management or recycling of collected covered batteries, for purposes of providing the efficient delivery of services and avoiding unnecessary duplication of effort and expense.
(2) A description of efforts undertaken by a program operator to implement the required labeling of covered batteries pursuant to Section 42422.1.
(m) Findings from the evaluation of the comprehensive statewide education and outreach program required by paragraph (9) of subdivision (o) of Section 42422.1.
(n) A description of any consultation with the California Environmental Protection Agency’s Environmental Justice Task Force and other relevant stakeholders for collecting covered batteries for recycling in areas and communities that face unique challenges.
(o) A demonstration of actions taken by the program operator to comply with the requirements established pursuant to Section 42422.1.
(p) (1) A report on activities the program operator has undertaken in relation to all of the following:
(A) Meeting the requirements established pursuant to Section 42422.1.
(B) Making progress on meeting the requirements established pursuant to Section 42422.1.
(C) Making progress on planned efforts to meet the requirements established pursuant to Section 42422.1.
(2) Factors to be considered for purposes of paragraph (1) may include, but are not limited to, availability of takeback options and no-cost local curbside collections services, proximity to recyclers and no-cost collection points and events, and the state of current recycling technology.
(q) A report on activities the program operator has undertaken to prioritize the use of recycling facilities located closer to the point of generation to minimize transportation emissions and increase accountability.
(r) If the program operator determines during a particular year that any of the activities undertaken to implement subdivision (q) were unsuccessful, the program operator shall identify the problems with the current activities, make modifications pursuant to the requirement in Section 42422.3, and report on other activities undertaken and progress made, in the following year’s annual report.
(s) An electronic copy in the form and manner determined by the department, and specified in the regulations adopted by the department pursuant to Section 42420.2 of any annual report, which shall include a brief explanation of how the program operator anticipates the activities may benefit the stewardship program. The program operator shall make these reports publicly available free of charge. If the report contains trade secret, proprietary, or confidential information protected under existing law, the program operator shall provide the department the report marked as trade secret, proprietary, confidential, and a version of the report with that information redacted, and post the redacted report on its internet website.
(t) The progress toward attaining the goals included in the program operator’s stewardship plan.
(u) Any modifications or revisions to the stewardship plan, including those required pursuant to Section 42422.3, which are subject to review under Section 42422.5, intended to achieve the requirements established pursuant to Section 42422.1.
(v) Any other information deemed relevant by the program operator for the department to determine compliance with the approved stewardship plan.

SEC. 6.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.