SB 1013 Dealer Registration and Dealer Cooperatives Permanent Regulations

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

  • Incorporation by Reference. All documents that are incorporated by reference in the proposed regulations.
    • 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.

For more information regarding the Beverage Container Recycling Program, please visit the Beverage Container Recycling Program webpage.

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