Description

CalRecycle will initiate the formal rulemaking process to finalize existing emergency regulations that provided a structure for pursuing multiple covered electronic waste (CEW) recycling payment rates but will expire in May of 2022. 

The emergency regulations established the regulatory structure necessary to accommodate a differential recycling payment rate for non-CRT CEW. The regulations split the single CEW recycling payment rate to allow for multiple recycling payment rates into two rates:

  1. Cathode ray tube (CRT) CEW
  2. Non-CRT CEW

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. 

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

CalRecycle anticipates filing the Notice of Proposed Action with Office of Administrative Law (OAL) in August

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.