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

Description

The Department of Resources Recycling and Recovery (CalRecycle) is proposing 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.

Affected Regulatory Code Sections

CalRecycle is proposing 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 SB 343 and AB 881 Recycling and Disposal Reporting System Permanent Regulations are scheduled to be submitted to the Office of Administrative Law (OAL) on January 17th, 2023, and published in the California Regulatory Notice Register on January 27th, 2023. The public comment period will start on January 27, 2023, and ends at the conclusion of the rulemaking hearing on March 15, 2023. CalRecycle will hold a hybrid public hearing on March 15, 2023. Details of how to participate and submit comment at this hearing are included below.

Current Documents

  • 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.

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. or (916) 327-0089.

Stakeholder Input

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 January 27, 2023, and ends at the conclusion of the rulemaking hearing on March 15, 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:

Donnet McFarlane
SB 343 and AB 881 Recycling and Disposal Reporting System (RDRS)
Department of Resources Recycling and Recovery, Regulations Unit
1001 “I” Street., MS-24B, Sacramento, CA 95814

During the comment period, written comments may also be e-mailed to: Regulations@calrecycle.ca.gov

CalRecycle will additionally hold a hybrid public hearing starting at 1:00 pm on March 15, 2023. The public hearing will be accessible in person in the Byron Sher room located on the 2nd floor of the CalRecycle headquarters at 1001 I Street, Sacramento, California. The Byron Sher room is wheelchair accessible. The public hearing will also be accessible virtually via Zoom. 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.

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

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