Overview
The Department of Resources Recycling and Recovery (CalRecycle) is proposing permanent regulations per Public Resources Code (PRC) sections 14510.2, 14578, and 14578.5 in response to Senate Bill (SB) 1013 (Atkins, Ch. 610, Statutes of 2022) that would prescribe a process for the registration of dealers, and establish stewardship plan, reporting, and operational requirements for, and enforcement of, dealer cooperatives.
Affected Regulatory Code Sections
CalRecycle is proposing permanent regulations to adopt Title 14, California Code of Regulations (CCR), Division 2, Chapter 5, Sections 2370, 2371, 2372, 2373, 2375, 2375.2, 2375.4, 2375.6, 2375.8, 2376, 2377, 2378, 2380, 2381, 2382, 2385, 2386.
CalRecycle is also proposing permanent regulations to amend Title 14, CCR, Division 2, Chapter 5, Sections 2000, 2030, 2400, 2401, 2420, 2425, 2430, 2501, 2516, 2518, 2519, 2530, 2535.
Current Status
The SB 1013 Dealer Registration and Dealer Cooperatives permanent regulations were submitted to the Office of Administrative Law (OAL) on March 4th, 2024, and published in the California Regulatory Notice Register on March 15, 2024.
The initial 45-day public comment period began on March 15, 2024, and ended on April 30, 2024. CalRecycle held a hybrid public hearing on April 30, 2024.
The SB 1013 Dealer Registration and Dealer Cooperatives permanent regulations will be published for an additional 15-day public comment period. This 15-day public comment period will begin on August 19, 2024 and end on September 3, 2024.
Current Documents
- Notice of 15-Day Changes to Proposed Rulemaking. The notice of changes that have been made to the original proposed regulations.
- Updated Proposed Regulation Text. The updated express language that shows any proposed adoption, amendment, or deletion to the regulations.
- Notice of Proposed Action. The notice of proposed adoption, amendment, or repeal of regulations.
- Proposed Regulation Text. The original 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.
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- Attachment 1: Convenient Beverage Recycling in California: A Report to the California State Legislature, dated July 2, 2018, https://www2.calrecycle.ca.gov/Docs/Web/115374
- Attachment 2: Beverage Container Recycling: Implementation (SB 1013), Budget Change Proposal, authorized in 2023, https://esd.dof.ca.gov/Documents/bcp/2324/FY2324_ORG3970_BCP6715.pdf
- Attachment 3: CalRecycle Request for Approval, dated July 25, 2023, https://www2.calrecycle.ca.gov/Docs/Web/127353
- Attachment 4: Comment Letter Submitted by Container Recycling Institute, dated September 8, 2022, https://www2.calrecycle.ca.gov/Docs/Web/127362
- Attachment 5: Comparative Analysis of Convenience Zone Data: Status, Dealers in Unserved Convenience Zones, and Paid Handling Fees in September 2022 and 2023, https://www2.calrecycle.ca.gov/Docs/Web/127368
- Attachment 6: West Hollywood Minimum Wage, https://www.weho.org/business/operate-your-business/minimum-wage, accessed February 20, 2024
- Attachment 7: UC Berkeley Labor Center, California City and County Current Minimum Wages (1/1/2024) https://laborcenter.berkeley.edu/inventory-of-us-city-and-county-minimum-wage-ordinances/#s-2, accessed February 20, 2024
- Attachment 8: CalRecycle Handling Fee Changes, Effective July 1, 2023, https://www2.calrecycle.ca.gov/Docs/Web/123783
- Attachment 9: CalRecycle 2024 Processing Payments for Recyclers, https://www2.calrecycle.ca.gov/Docs/Web/126528
- Attachment 10: CalRecycle 2022 Beverage Container Recycling in California Fact Sheet https://www2.calrecycle.ca.gov/Publications/Details/1726
- Attachment 11: North State Public Radio – California Has A Recycling Problem, April 25, 2021, https://www.mynspr.org/news/2021-04-25/california-has-a-recycling-problem, accessed February 20, 2024
- Attachment 12: Leading Non-English languages Web App, https://dru-data-portal-cacensus.hub.arcgis.com/apps/edaf9becf66d4a16be9844726c29cf2f/explore
- Attachment 13: Economic and Fiscal Impact Statement (STD 399), https://www2.calrecycle.ca.gov/Docs/Web/127359
- Attachment 14: STD 399 Appendix, https://www2.calrecycle.ca.gov/Docs/Web/127365
- Attachment 15: Revised Economic and Fiscal Impact Statement (STD 399), https://www2.calrecycle.ca.gov/Docs/Web/128616
- Attachment 16: Revised STD 399 Appendix, https://www2.calrecycle.ca.gov/Docs/Web/128580
- Incorporation by Reference. All documents that are incorporated by reference in the proposed regulations.
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- Web Content Accessibility Guidelines (WCAG) 2.0 published in 2008 by the World Wide Web Consortium, https://www.w3.org/TR/WCAG20/ (accessed January 25, 2024).
These documents are 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 Csilla Richmond at regulations@calrecycle.ca.gov.
Input from Interested Parties
CalRecycle considered comments sent to CalRecycle and received during the initial 45-day written comment period, which began on March 15, 2024, and ended on April 30, 2024. CalRecycle additionally held a hybrid public hearing on April 30, 2024.
The 15-day 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 regulations, should indicate the 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 August 19, 2024, and ends on September 3, 2024. Written comments received by CalRecycle after the close of the public comment period are considered untimely. CalRecycle may, but is not required to, respond to untimely comments, including those raising significant environmental issues. Comments submitted in writing must be addressed to one of the following:
Postal mail:
Csilla Richmond
SB 1013 Dealer Registration and Dealer Cooperatives Permanent Regulations
Department of Resources Recycling and Recovery, Regulations Unit
1001 “I” St., MS-24B, Sacramento, CA 95814
Electronic submittal: SB 1013 Dealer Registration and Dealer Cooperatives (15-Day Public Comment Period)
Please note that under the California Public Records Act (Government Code section 7920.000 et seq.), your written comments, attachments, and associated contact information (e.g., your address, phone, email, etc.) become part of the public record and can be released to the public upon request.
History
CalRecycle is proposing permanent regulations for SB 1013 to clarify a process to register dealers, and establish stewardship plan, reporting, and operational requirements for, and enforcement of, dealer cooperatives. The proposed regulations considered public feedback gathered during two workshops and an informational session. On April 25, 2023, August 10, 2023, and August 31, 2023, CalRecycle hosted workshops or an informational session on regulatory concepts and later regulatory text for public consideration. CalRecycle incorporated input received from these events into the SB 1013 Dealer Registration and Dealer Cooperatives permanent regulations.
The permanent regulations were submitted to the Office of Administrative Law on March 4, 2024, and were published in the California Regulatory Notice Register on March 15, 2024. CalRecycle welcomed written and oral public comments during an initial 45-day public comment that began on March 15, 2024, and concluded with a public hearing on April 30, 2024. During that public hearing, CalRecycle received formal comments on the proposed regulations. The currently proposed revisions to the permanent regulations were made in response to the public comments received during the initial public comment period.
During the 45-day public comment period, interested parties could submit written comments in the following way:
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 only considered written comments sent to CalRecycle and received during the written comment period. Additionally, CalRecycle requested 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 were not responded to in the rulemaking file.
During the 45-Day comment period, written comments were submitted to:
Postal mail:
Csilla Richmond
SB 1013 Dealer Registration and Dealer Cooperatives Permanent Regulations
Department of Resources Recycling and Recovery, Regulations Unit
1001 “I” St., MS-24B, Sacramento, CA 95814
Electronic submittal: Via CalRecycle’s public comment portal.
Contact
For more information on the SB 1013 Dealer Cooperatives permanent regulations, please contact Csilla Richmond at regulations@calrecycle.ca.gov.
- Subscribe to the Proposed Regulations Listserv to receive emails regarding rulemaking developments.
For more information regarding the Beverage Container Recycling Program, please visit the Beverage Container Recycling Program webpage.
- Subscribe to the Beverage Container Recycling Program General Information Listserv to receive emails regarding this program.
For more information regarding the Dealer Cooperatives program, please visit the Dealer Cooperatives Program webpage.
For more information contact: Legislative and External Affairs Office, lex.office@calrecycle.ca.gov