[Archives] SB 343 & AB 881 Recycling and Disposal Reporting System (RDRS) Permanent Regulations

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

Overview

The Department of Resources Recycling and Recovery (CalRecycle) proposed permanent regulations in order to clarify existing language and implement new reporting requirements added by Senate Bill (SB) 343 (Allen, Chapter 507, Statutes of 2021) and Assembly Bill (AB) 881 (Gonzalez, Chapter 501, Statutes of 2021).

SB 343 regulates recyclability claims of products and packaging sold in the state, and it requires RDRS to collect new data related to material recyclability.

AB 881 classifies exported mixed plastic waste as disposal, and it requires RDRS to gather jurisdiction of origin for these exported materials.

These regulatory changes align with CalRecycle’s policy objectives to implement the statutory goals of SB 343 and AB 881 by incorporating requirements for reporting of recyclables and mixed plastic waste and to ensure the accuracy of the information collected by RDRSRS reporting began in 2019 Q3. After more than two years of reporting, several opportunities for clarifying the regulations became clear.

Related Links

Affected Regulatory Code Sections

CalRecycle proposed permanent regulations to amend California Code of Regulations, Title 14, Article 9.25, sections 18815.1, 18815.2, 18815.3, 18815.4, 18815.5, 18815.6, 18815.7, 18815.8, 18815.9, 18815.11, and 18815.12 and Article 9, section 18794.2.

Current Status

The Recycling and Disposal Reporting System permanent regulations were submitted to OAL for final review on December 7, 2023.
The permanent regulations were approved by OAL on January 23, 2024, and will be effective on April 1, 2024.

Office of Administrative Law Approval Document and Regulation Text. The Office of Administrative Law’s official approval of the SB 343 and AB 881 Recycling and Disposal Reporting System Permanent Regulations

Current Documents

00.Table of Contents. A table of contents that identifies each item contained in the official rulemaking file.

  1. Notice of Proposed Action. The notice of proposed adoption, amendment, or repeal of regulations.
  2. Originally Proposed Text. The express language that shows any proposed adoption, amendment, or deletion to the regulations.
  3. 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.
  4. Initial Statement of Reasons.  An explanation of all proposed changes to the regulations.
  5. Public Hearing Official Transcript. The official transcript from the public hearing that was held on March 21, 2023.
  6. Post Notice Modifications.
    1. Modified Regulation Text. The express language that shows any proposed adoption, amendment, or deletion to the regulations.
    2. 15-Day Notice. The notice of changes that have been made to the original proposed regulations.
    3. Mailing Statement for 15-Day Modified Regulation Text. The mailing statement that confirms the notice was delivered by means of electronic communication over 15 days prior to the close of the public comment period.
    4. Mailing Statement for 15-Day Documents Added.
    5. Revised Economic and Fiscal Impact Statement STD 399 and Appendices. The Economic and Fiscal Impact Form 399 and Appendices document required by Department of Finance.
    6. Second Modified Regulation Text. The express language that shows any proposed adoption, amendment, or deletion to the regulations.
    7. Original Second 15-Day Notice. The second notice of changes that have been made to the original proposed regulations.
    8. Mailing Statement for Original Second 15-Day Modified Regulation Text. The mailing statement that confirms the notice was delivered by means of electronic communication over 15 days prior to the close of the public comment period.
    9. Corrected Second 15-Day Notice. The corrected second notice of changes that have been made to the original proposed regulations.
    10. Mailing Statement for Corrected Second 15-Day Notice. The mailing statement that confirms the corrected notice was delivered by means of electronic communication over 15 days prior to the close of the public comment period.
  7. Revised Economic and Fiscal Impact Statement STD 399 and Appendices. The Economic and Fiscal Impact Form 399 and Appendices document required by Department of Finance.
  8. Other Material in Rulemaking File.
    1. 45-Day Original Public Comment 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 Donnet McFarlane at regulations@calrecycle.ca.gov.
    2. 45-Day Annotated Public Comment 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 Donnet McFarlane at regulations@calrecycle.ca.gov.
    3. 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.
    4. 15-Day Original Public Comment Letters. The original public comment letters received during the 15-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 Donnet McFarlane at regulations@calrecycle.ca.gov.
    5. 15-Day Annotated Public Comment Letters. Annotated versions of the public comment letters received during the 15-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 Donnet McFarlane at regulations@calrecycle.ca.gov.
    6. 15-Day Comment Period Matrix. A matrix that displays all public comments, corresponding comment codes, and CalRecycle’s responses to all comments received during the 15-day comment period.
    7. Second 15-Day Original Public Comment Letters. The original public comment letters received during the second 15-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 Donnet McFarlane at regulations@calrecycle.ca.gov.
    8. Second 15-Day Annotated Public Comment Letters. Annotated versions of the public comment letters received during the second15-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 Donnet McFarlane at regulations@calrecycle.ca.gov.
    9. Second 15-Day Comment Period Matrix. A matrix that displays all public comments, corresponding comment codes, and CalRecycle’s responses to all comments received during the second15-day comment period.
    10. Documents Relied Upon. All technical, theoretical, and empirical studies, reports, or similar documents relied upon in developing the proposed regulations. 
      1. 10a. Attachment 1 – AB 901 Economic Impact Statement.
      2. 10b. Attachment 2 – AB 901 STD 399.
      3. 10c. Attachment 3 – Revised Economic and Fiscal Impact Statement STD 399.
      4. 10d. Attachment 4 – Revised STD 399 Appendix A.
      5. 10e. Attachment 5 – Revised STD 399 Appendix B.
      6. 10f.  Original Economic and Fiscal Impact Statement STD 399 and Appendices.
    11. Department Adoption of Regulations. CalRecycle’s Request for Approval document approving the adoption of the Recycling and Disposal Reporting System permanent regulations.
  9. Updated Informative Digest. A revision to the Informative Digest describing any changes to the law during the rulemaking period.
  10. Final Statement of Reasons. The express language that shows any proposed adoption, amendment, or deletion to the regulations.

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 Donnet McFarlane at regulations@calrecycle.ca.gov.

Stakeholder Input

CalRecycle considered written comments sent to CalRecycle and received during the 45-day written comment period, which began on January 27, 2023, and ended at the conclusion of the public hearing on March 15, 2023. CalRecycle additionally held a hybrid public hearing starting at 1:00 pm on March 15, 2023. CalRecycle also considered written comments sent to CalRecycle and received during a 15-day comment period, which began on July 12, 2023 and ended on July 27, 2023.

Subsequently, CalRecycle considered written comments sent to CalRecycle and received during the 15-day written comment period, which began on November 8, 2023, and ended at on November 27, 2023.

Subsequently, CalRecycle considered written comments sent to CalRecycle and received during the second 15-day written comment period, which began on November 8, 2023, and ended at on November 27, 2023.

Additional Documents

This section contains links to the bill language for the underlying statutes that informed CalRecycle’s development of the regulations.

  • SB 343 (Allen, Chapter 507, Statutes of 2021)
  • AB 881 (Gonzalez, Chapter 501, Statutes of 2021)
  • AB 901 (Gordon, Chapter 746, Statutes of 2015).

Historical Information

Contact

  • Subscribe to the AB 881 and SB 343 RDRS listserv for emails regarding rulemaking developments.
  • You may contact Donnet McFarlane at regulations@calrecycle.ca.gov for additional information.

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