Pilot Project Program Emergency Rulemaking

Description

The Department of Resources Recycling and Recovery (CalRecycle) proposed emergency regulations to amend regulations implementing PRC section 14571.9. The emergency regulations were approved by the Office of Administrative Law on February 4, 2022.

The pilot project program was established by SB 458 (Wiener, Chapter 648, Statutes of 2017) to provide innovative beverage container recycling opportunities in partnership with jurisdictions. CalRecycle adopted regulations to implement the program in 2019. The proposed emergency regulations amends California Code of Regulations (CCR) to conform to statutory amendments from AB 54 (Ting, Chapter 793, Statutes of 2019) and AB 148 (Committee on Budget, Chapter 115, Statutes of 2021). These changes include:

    • Pilot project recycler handling fee eligibility outside of a convenience zone
    • Expanding eligibility from 5 pilot projects to 10
    • A process for amending and approved pilot project jurisdiction
    • Extending the sunset date of the program.

To meet the level of interest in participating in the pilot project program, CalRecycle proposed other changes. These amendments make necessary changes to build on the successes of the current pilot projects:

    • Allowing approved jurisdictions to expand their membership
    • Increasing the amount a consumer may redeem per day based on the recycler model
    • Opening the jurisdiction eligibility to include tribal governments

Affected Regulatory Code Sections

CalRecycle proposes amendments to the following sections under Article 1, Subchapter 9.5, Chapter 5, Division 2, Title 14 of the California Code of Regulations: 2750, 2752, 2754, 2756, 2758, 2762, 2764, 2766, 2768, 2770, 2772, 2774, 2776, 2778, and the addition of section 2759.

Current Status and Documents

The Pilot Project Program Emergency Regulations were approved by the Office of Administrative Law on February 4, 2022.  The regulations will remain in effect until January 1, 2027.

Current Documents

Stakeholder Input

The public comment period ended at midnight on February 1, 2021.

Historical Information

Regulations to implement the pilot project program were approved by OAL on April 2, 2019.