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
On July 12, 2023, CalRecycle will initiate a 15-day written comment period for the proposed revisions to RDRS, the revised 2023 RDRS STD 399, the revised 2023 RDRS STD 399 Appendix A, and the revised 2023 RDRS STD Appendix B. This 15-day written comment period follows an initial 45-day public comment period that began on January 27, 2023, and ended on March 15, 2023. Details of how to submit comment during the 15-day written comment period are included below.
The SB 343 and AB 881 Recycling and Disposal Reporting System Permanent Regulations were 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 started 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
- 15-Day Notice. The notice of proposed changes to the originally noticed proposed regulation text.
- Proposed Revisions to Regulation Text (15-Day Notice Version). The express language that shows additional proposed changes to adopt, amend, or delete the regulations.
- 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: 2018 AB 901 Economic Impact Statement – Supplemental Information.
- Attachment 2: 2018 AB 901 STD 399
- Attachment 3: 2023 RDRS STD 399 (Economic and Fiscal Impact Statement)
- Revised 2023 RDRS STD 399 (15-Day Notice Version)
- Attachment 4: 2023 RDRS STD 399 Appendix A
- Revised 2023 RDRS STD 399 Appendix A (15-Day Notice Version)
- Attachment 5: 2023 RDRS STD 399 Appendix B
- Revised 2023 RDRS STD 399 Appendix B (15-Day Notice Version)
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
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.
An additional 15-day written comment period permits any interested person, or their authorized representative, to submit written comments addressing the proposed amendments, Revised 2023 RDRS STD 399, Revised 2023 RDRS STD 399 Appendix A, and Revised 2023 STD 399 Appendix B to CalRecycle. Written comments, which offer a recommendation and/or objection, or support the proposed amendment, Revised RDRS STD 399, Revised RDRS STD 399 Appendix A, or Revised RDRS STD 399 Appendix B, 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 15-day written comment period which begins on July 12, 2023, and ends at 11:59 PM on July 27, 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 15-day public comment period will not be responded to in the rulemaking file.
CalRecycle is only required to respond to comments received during this 15-day public comment period that are related to the newly proposed changes to the regulations, Revised 2023 RDRS STD 399, Revised 2023 RDRS STD 399 Appendix A, or Revised 2023 RDRS STD Appendix B.
Submit your written comments to:
Donnet McFarlane
Recycling and Disposal Reporting System Regulatory Update
Department of Resources Recycling and Recovery, Regulations Unit
1001 “I” St., MS-24B, Sacramento, CA 95814
During the comment period, written comments may also be e-mailed to: regulations@calrecycle.ca.gov.
Information from 45-Day Written Comment Period:
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.
Historical Information
- August 30, 2022: CalRecycle held an informal workshop to present the draft text of the updated RDRS regulations.
- View the public notice for workshop 3
- Download the question & answer session from workshop 3
- Watch the video recording of workshop 3: YouTube (2:03:50) | Transcript
- August 16, 2022: CalRecycle created an optional survey to collect information on the cost of the new regulations to the regulated community. The survey closed on August 16, 2022.
- July 26, 2022: CalRecycle held an informal workshop to present general changes to RDRS, based on known reporting errors and points of confusion.
- View the public notice for workshop 2
- Download the presentation from workshop 2
- Download the question & answer session from workshop 2
- Watch the video recording of workshop 2: YouTube (1:11:04) | Transcript
- June 22, 2022: CalRecycle held an informal workshop to present changes to RDRS based on SB 343 and AB 881.
- View the public notice for workshop 1
- Download the presentation from workshop 1
- Download the question & answer session from workshop 1
- Watch the video recording of workshop 1: YouTube (1:00:23) | Transcript
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