[Archives] AB 962 Bottle Washer Processor Emergency Regulations

CalRecycle maintains archived information on its website as a record of its activities for use by the public and CalRecycle staff.

Overview

On January 22, 2024, the Office of Administrative Law (OAL) approved the AB 962 Bottle Washer Processor Emergency Regulations. The regulations became effective on January 22, 2024, and will remain effective until revised by the Director.

The Department of Resources Recycling and Recovery (CalRecycle) proposed emergency regulations per Public Resources Code section 14539(f) – California Legislative Information in response to Assembly Bill (AB) 962 (Kamlager, Chapter 502, Statutes of 2021) which authorizes CalRecycle to authorize a processor to satisfy that cancellation requirement by washing a reusable beverage container or transferring a reusable beverage container for subsequent washing to a processor.

Affected Regulatory Code Sections

CalRecycle proposed emergency regulations to amend Title 14, California Code of Regulations (CCR), Division 2, Chapter 5, Sections 2000(a)(4), 2010(a), 2045, 2110, and 2400(b).

CalRecycle also proposed emergency regulations to adopt Title 14, CCR, Division 2, Chapter 5, Sections 2000(a)(3.7) and 2421.

Current Status

The emergency regulations were approved by OAL effective January 22, 2024. They will remain effective until revised by the Director.

The AB 962 Bottle Washer Processor Emergency Regulations were submitted to the Office of Administrative Law (OAL) on January 9, 2024, beginning the 10-calendar day emergency rulemaking process.

The 5-calendar day public comment period began on January 9, 2024, and ended on January 16, 2024.

Details of how to submit comments during the comment period are included below.

Current Documents

These documents are 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 Donnet McFarlane at regulations@calrecycle.ca.gov.

Input from Interested Parties

Interested parties had the opportunity to provide input during the public comment period, which commenced on January 9, 2024, when the emergency regulations were posted on OAL’s website. The public comment period closed on January 16, 2024.

History

OAL approved the emergency regulations on January 22, 2024.

On January 9, 2024, CalRecycle initiated a 5-calendar day written comment period for the proposed emergency regulations. The public comment period commenced on January 9, 2024, when the emergency regulations were posted on Office of Administrative Law’s (OAL) website. The public comment period closed on January 16, 2024.

During the public comment period, interested parties could have submitted comments in the following way:

Written comments would have been sent to OAL and CalRecycle before the close of the public comment period on January 16, 2024.

Comments on the proposed emergency regulations would have been submitted to OAL via email to staff@oal.ca.gov, by fax to (916) 323-6826, or by mail to:

OAL Reference Attorney
300 Capitol Mall, Suite 1250
Sacramento, California 95814

If a comment was submitted to OAL, a copy of the comment would have been also submitted to CalRecycle in one of the following ways:

Donnet McFarlane
AB 962 Bottle Washer Processor Emergency Regulations
Department of Resources Recycling and Recovery, Regulations Unit
1001 “I” Street, MS-24B
Sacramento, CA 95814

No comments were received for this emergency rulemaking.

Contact

For more information on the AB 962 Bottle Washer Processor Emergency Regulations, please contact Donnet McFarlane at regulations@calrecycle.ca.gov.

For more information regarding the Beverage Container Recycling Program, please visit Beverage Container Recycling Webpage.

For more information contact: Legislative and External Affairs Office, lex.office@calrecycle.ca.gov