CalRecycle maintains archived information on its website as a record of its activities for use by the public and CalRecycle staff.
Overview
On November 2, 2023, the Office of Administrative Law (OAL) approved the permanent regulations. The regulations become effective on January 1, 2024. The Department of Resources Recycling and Recovery (CalRecycle) proposed permanent regulations per Public Resources Code (PRC) section 14547 in response to Assembly Bill (AB) 793 that adopted definitions for postconsumer recycled material, post-industrial recycled material, plastic material reclaimer, manufacturer of postconsumer recycled plastic, and clarify definitions for food-grade, and bottle-grade terms; recordkeeping and compliance requirements for beverage manufacturers; reporting requirements for beverage manufacturers, plastic material reclaimers, and manufacturers of postconsumer recycled plastic; petition requirements for an association to petition CalRecycle’s Director to adjust the minimum postconsumer recycled content standard; and, requirements for beverage manufacturers to submit corrective action plans and requests for reducing administrative penalties.
These proposed regulations also amended Title 14, California Code of Regulations (CCR), Division 2, Chapter 5 section 2100 to make clear that failure to file a required report correctly and accurately by a beverage manufacturer, a plastic material reclaimer, or a manufacturer of postconsumer recycled plastic may be subject to discipline through the Notice of Violation process.
Affected Regulatory Code Sections
CalRecycle proposed permanent regulations to amend Title 14, California Code of Regulations (CCR), Division 2, Chapter 5, Sections 2000, 2100, 2235, and 2240.
CalRecycle also proposed permanent regulations to adopt Title 14, CCR, Division 2, Chapter 5, Sections 2250, 2265, 2780, 2785, 2790, and 2795.
Current Status
The AB 793 Plastic Content Reporting and Compliance permanent regulations were submitted to OAL for final review on September 22, 2023.
The permanent regulations were approved by OAL on November 2, 2023, and become effective on January 1, 2024.
- Office of Administrative Law Approval Document. The Office of Administrative Law’s official approval of the AB 793 Plastic Content Reporting and Compliance Permanent Regulations.
Current Documents
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- 00. Table of Contents. A table of contents that identifies each item contained in the official rulemaking file.
- A. Notice of Proposed Action. The notice of proposed adoption, amendment, or repeal of regulations.
- B. Originally Proposed Text. The express language that shows any proposed adoption, amendment, or deletion to the regulations.
- C. Mailing Statement for 45-Day Notice. The mailing statement that confirms the notice was delivered by means of electronic communication over 45 days prior to the close of the public comment period and public hearing.
- D. Initial Statement of Reasons. An explanation of all proposed changes to the regulations.
- E. Public Hearing Official Transcript. The official transcript from the public hearing that was held on March 21, 2023.
- F. Economic and Fiscal Impact Statement Form 399 and Supplemental Information. The Economic and Fiscal Impact Form 399 and Economic Impact Statement Supplemental Information document required by Department of Finance.
- G. Original Public Comments Letters. The original public comment letters received during the 45-day comment period and public hearing.
- This document is available for public inspection during normal business hours at CalRecycle, 1001 “I” Street, 24th Floor, Sacramento, CA 95814. To schedule a time to inspect these documents, please contact Claire Derksen at regulations@calrecycle.ca.gov.
- H. Annotated Public Comments Letters. Annotated versions of the public comment letters received during the 45-day comment period and public hearing. Annotations on these comment letters correspond with the comment matrix and final statement of reasons.
- This document is available for public inspection during normal business hours at CalRecycle, 1001 “I” Street, 24th Floor, Sacramento, CA 95814. To schedule a time to inspect these documents, please contact Claire Derksen at regulations@calrecycle.ca.gov.
- I. 45-Day Comment Period Matrix. A matrix that displays all public comments, corresponding comment codes, and CalRecycle’s responses to all comments received during the 45-day comment period and public hearing.
- J. Documents Relied Upon. All technical, theoretical, and empirical studies, reports, or similar documents relied upon in developing the proposed regulations.
- Attachment 1: The Plastic Beverage Container Virgin and Postconsumer Resin Report covering calendar year 2021
- Attachment 2: The Association of Plastic Recyclers, PCR Certification Program Frequently Asked Questions.
- Attachment 3: The International Standard ISO 14021: Environmental labels and declarations – Self-declared environmental claims (Type II environmental labeling)
- This document is available for public inspection during normal business hours at CalRecycle, 1001 “I” Street, 24th Floor, Sacramento, CA 95814. To schedule a time to inspect these documents, please contact Claire Derksen at regulations@calrecycle.ca.gov.
- Attachment 4: Economic and Fiscal Impact Statement (STD 399)
- Attachment 5: STD 399 Appendix
- K. Department Adoption of Regulations. CalRecycle’s Request for Approval document approving the adoption of the AB 793 regulations.
- L. Updated Informative Digest. A revision to the Informative Digest describing any changes to the law during the rulemaking period.
- M. Final Statement of Reasons. An explanation of any changes to the originally proposed regulations and a summary and response to public comments received on the proposed regulations.
- Final Regulation Text. The express language that shows any proposed adoption, amendment, or deletion to the regulations.
Input from Interested Parties
CalRecycle considered written comments sent to CalRecycle and received during the 45-day written comment period, which began on February 3, 2023, and ended on March 21, 2023. CalRecycle additionally held a hybrid public hearing on March 21, 2023.
During the comment period, comments were submitted to:
Claire Derksen
AB 793 Plastic Content Reporting and Compliance Permanent Regulations
Department of Resources Recycling and Recovery, Regulations Unit
1001 “I” St., MS-24B, Sacramento, CA 95814
During the comment period, written comments were also submitted via email at regulations@calrecycle.ca.gov.
History
The AB 793 Plastic Content Reporting and Compliance permanent regulations were submitted to OAL on January 24, 2023, and published in the California Regulatory Notice Register on February 3, 2023. On November 2, 2023, the Office of Administrative Law (OAL) approved the permanent regulations. The regulations become effective on January 1, 2024.
On August 25, 2021, CalRecycle conducted a workshop to solicit feedback from interested parties and to present preliminary draft regulations.
On April 29, 2021, CalRecycle conducted workshops to present preliminary draft regulations.
On December 2, 2020, CalRecycle conducted workshops to receive questions and comments.
Contact
For more information on the AB 793 Plastic Content Reporting and Compliance Permanent Regulations, please contact Claire Derksen at regulations@calrecycle.ca.gov.
- Subscribe to the Proposed Regulations Listserv to receive emails regarding rulemaking developments.
For more information regarding the Beverage Container Recycling Program, please visit Plastic Minimum Content Standards (AB 793) – CalRecycle Home Page.
- Subscribe to the Beverage Container Recycling Program: General Information Listserv, Beverage Container Recycling Notices: Manufacturers/Distributors Listserv, and Beverage Container Recycling Notices: Recyclers/Processors Listserv to receive emails regarding this program.