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 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, 2374, 2375, 2375.1, 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 public comment period will start on March 15, 2024, and end on April 30, 2024. CalRecycle will hold a hybrid public hearing on April 30, 2024. Details of how to participate and submit comments 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.
  • Incorporation by Reference. All documents that are incorporated by reference in the proposed regulations.
    • Generally Accepted Accounting Principles (GAAP) adopted by the Federal Accounting Standards Advisory Board, as published in the handbook entitled “FASAB Handbook of Federal Accounting Standards and Other Pronouncements, as Amended,” dated December 15, 2023, https://files.fasab.gov/pdffiles/2023_FASAB_Handbook.pdf (accessed January 25, 2024).
    • 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

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 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 March 15, 2024, and ends on April 30, 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 Regulations (45-Day Public Comment Period)

CalRecycle will additionally hold a hybrid public hearing starting at 9 am on April 30, 2024. The public hearing will be accessible in person in the Byron Sher Auditorium located on the 2nd floor of the CalRecycle headquarters at 1001 I Street, Sacramento, California. The Byron Sher Auditorium is wheelchair accessible.

The public hearing will also be accessible virtually via Zoom, and registration will be required. To attend virtually via Zoom, you must register in advance. Registration is free.

At the public hearing, any person may present statements or arguments orally or in writing, 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.

Simultaneous Spanish interpretation will be available in-person at the hearing and remotely via Zoom or webcast. For in-person interpretation services, headsets will be available and can be provided by CalRecycle staff prior to or during the workshop. If you need interpretation services in a language other than Spanish, please notify the Department at regulations@calrecycle.ca.gov by April 23, 2024, and we will do our best to accommodate your request. 

History

On April 25, 2023, CalRecycle conducted a workshop to solicit feedback from interested parties and to present regulatory concepts.

On August 10, 2023, CalRecycle conducted an informational session designed to provide dealers with a comprehensive understanding of the dealer cooperatives model under SB 1013.

On August 31, 2023, CalRecycle conducted a workshop to solicit feedback from interested parties and to present draft proposed regulatory language.

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