The Department of Resources Recycling and Recovery (CalRecycle) is proposing permanent regulations per Public Resources Code (PRC) section 14547 in response to Assembly Bill (AB) 793 that would adopt 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 would also amend 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 is proposing permanent regulations to amend Title 14, California Code of Regulations, Division 2, Chapter 5, Sections 2000, 2100, 2235, and 2240.
CalRecycle is also proposing permanent regulations to adopt Title 14, California Code of Regulations, Division 2, Chapter 5, Sections 2250, 2265, 2780, 2785, 2790, and 2795.
The AB 793 Plastic Content Reporting and Compliance Permanent Regulations are scheduled to be submitted to the Office of Administrative Law (OAL) on January 24, 2023, and published in the California Regulatory Notice Register on February 3, 2023.
The public comment period will start on February 3, 2023, and end at midnight on March 21, 2023. CalRecycle will hold a hybrid public hearing on March 21, 2023, and details of how to participate and submit comments at this hearing are included below.
- Notice of Proposed Action. The notice of proposed adoption, amendment, or repeal of regulations.
- Proposed Regulation Text. The express language that shows any proposed adoption, amendment, or deletion to the regulations.
- Initial Statement of Reasons. An explanation of all proposed changes to the regulations.
- 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 (Note: this document will only be available for physical inspection at the address identified below).
- 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) (Note: this document will only be available for physical inspection at the address identified below).
- Economic and Fiscal Impact Statement STD 399 (signed) and Economic Impact Statement Appendix
These documents are available for public inspection during normal business hours at CalRecycle, 1001 “I” Street, 24th Floor, Sacramento, CA 95812. To schedule a time to inspect these documents, please contact Claire Derksen at firstname.lastname@example.org.
The written comment period permits any interested person, or their authorized representative, to submit written comments addressing the proposed amendments to CalRecycle. Written comments, which offer a recommendation and/or objection, or support the proposed amendment, should indicate the amended section to which the comment or comments are directed.
CalRecycle will only consider written comments sent to CalRecycle and received during the written comment period, which begins on February 3, 2023, and ends at the conclusion of the rulemaking hearing on March 21, 2023. Additionally, CalRecycle requests that written comments reference a subsection or section of the proposed action. Written comments received by CalRecycle after the close of the public comment period will not be responded to in the rulemaking file.
Submit your written comments to:
AB 793 Plastic Content Reporting and Compliance Permanent Regulations
Department of Resources Recycling and Recovery, Regulations Unit
1001 “I” St., MS-24B, Sacramento, CA 95812.
During the comment period, written comments may also be e-mailed to: email@example.com
CalRecycle will additionally hold a hybrid public hearing starting at 1:00 pm on March 21, 2023. The public hearing will be accessible in person in the Sierra Hearing Room located on the 2nd floor of the CalRecycle headquarters at 1001 I Street, Sacramento, California. The Sierra Hearing room is wheelchair accessible. The public hearing will also be accessible virtually via Zoom, and registration will be required. To attend virtually via Zoom, you must register here. Registration is free.
At the public hearing, any person may present statements or arguments, orally, in writing, or in the chat of the Zoom meeting, relevant to the proposed action. CalRecycle requests, but does not require, that any person who makes oral comments also submit a written copy of their testimony at the hearing. All comments in the virtual hearing will be collected and recorded.
To observe the public hearing via Webcast, please go to the Public Meeting Live Webcasts. Webcast participants will not be able to ask questions. If you are participating remotely and anticipate providing comments, it is recommended to join through Zoom. No registration is necessary to view the Webcast.
- December 2, 2020 CalRecycle conducted workshops to receive questions and comments.
- April 29, 2021 CalRecycle conducted workshops to present preliminary draft regulations.
- August 25, 2021 CalRecycle conducted workshops to solicit feedback from interested parties and to present preliminary draft regulations.
For additional information on the AB 793 rulemaking, please contact Claire Derksen at firstname.lastname@example.org.
For more information regarding the Beverage Container Recycling Program, please visit Plastic Minimum Content Standards (AB 793).
For more information contact: Legislative and External Affairs Office, email@example.com