This page was archived on 04/06/2022. CalRecycle maintains archived information on its website as a record of its activities for use by the public and CalRecycle staff.
On April 6, 2022, the Office of Administrative Law (OAL) approved regulations which established the regulatory structure necessary to accommodate a differential recycling payment rate for non-CRT CEW. The regulations amend the Covered Electronic Waste (CEW) Recycling Program and finalize existing emergency regulations that were adopted in 2018 and readopted in 2020. The regulations became effective on April 6, 2022.
Description
In order to allow for multiple recycling payment rates, the regulations split the single CEW recycling payment rate into two rates:
- Cathode ray tube (CRT) CEW
- Non-CRT CEW
Affected Regulatory Code Sections
California Code of Regulations (CCR), Title 14, Division 7, Chapter 8.2.
- Revision to the Definitions section (14 CCR 18660.5(a)(43));
- Approved recyclers are required to report separately the net cost associated with recycling CRT CEW and with recycling non-CRT CEW (14 CCR 18660.10);
- Approved recyclers are required to maintain records relative to the management of all CRT CEW and non-CRT CEW that they handle (14 CCR 18660.21);
- The Standard Statewide Combined Recovery and Recycling Payment Rate is split into separate payment rates for CRT CEW and non-CRT CEW (14 CCR 18660.34). As the existing single Standard Statewide Recovery Payment Rate is maintained for all CEW, this modification applies only to the recycling payment rate
Current Status and Documents
The CEW Recycling Program’s current regulations, statutes, and historical documents can be found on the Regulatory Information page.
45-Day Written Comment Period and Public Hearing
On September 3, 2021, CalRecycle initiated a 45-day written comment period, and the Notice of Proposed Action was published in the California Regulatory Notice Register. CalRecycle held a hearing on October 21, 2021, and the written comment period for this rulemaking closed on October 25, 2021.
Documents
- Notice of Proposed Rulemaking with Informative Digest
- Exhibit 1 – OAL Notice of Approval of Emergency Regulatory Action (2018-0502-04E)
- Exhibit 2 – OAL Notice of Approval of Emergency Regulatory Action (2020-0318-04EE)
- Exhibit 3 – Request for Approval
- Initial Statement of Reasons (ISOR)
- Final Statement of Reasons (FSOR)
- Proposed Regulatory Text
- Form 399 – Economic and Fiscal Impact Statement
- Form 399 Attachment – Economic and Fiscal Impact Statement
Public Hearing
A public hearing to receive public comments on proposed regulations was held on 10/21/2021.
Background
CalRecycle initially proposed the split payment rate structure at a stakeholder workshop on February 12, 2018, and presented the proposed emergency regulations the next month at CalRecycle’s March Public Meeting.
On May 9, 2018, the OAL approved emergency regulations that provided a structure for pursuing multiple CEW recycling payment rates pertaining to the Electronic Waste Recycling Act and associated CEW Recycling Program.
On January 24, 2020, CalRecycle’s Acting Director Ken DaRosa approved the readoption of the proposed CEW rate split and associated emergency regulatory language. CalRecycle presented the proposed emergency regulations at CalRecycle’s January Public Meeting.
On March 24, 2020, OAL approved the readopted emergency regulations.
CalRecycle held an informal stakeholder workshop regarding finalizing the existing emergency regulations on February 9, 2021.
CalRecycle staff presented a request to initiate the formal rulemaking at CalRecycle’s Public Meeting on April 20, 2021, and CalRecycle Director Rachel Machi Wagoner signed the request for approval on May 6, 2021.
CalRecycle approved the proposed regulations on December 20, 2021 that finalize existing emergency regulations which provided a structure for pursuing multiple covered electronic waste (CEW) recycling payment rates. CalRecycle is preparing to submit the final regulatory package to the Office of Administrative Law, as required per the Administrative Procedure Act.
For more information contact: Legislative and External Affairs Office, lex.office@calrecycle.ca.gov