At-Store Recycling Program: Plastic Carryout Bags

The Office of Administrative Law (OAL) approved permanent regulations on September 9, 2008. The regulations became effective immediately.

Description

Establishment of permanent regulations to implement the At-Store Recycling Program law for plastic carryout bags. (Assembly Bill 2449, 2006). Public Resources Code Section 42250 et seq. requires supermarkets (with over $2 million in annual sales), and retail establishments (with more than 10,000 square feet of retail space and a licensed pharmacy) that provide plastic carryout bags to customers to provide recycling bins for customers. Under the statue and new regulations store operators are required to collect and maintain, for a minimum of three years, records of the amount of plastic carryout bags purchased and recycled and report this information to the California Department of Resources Recycling and Recovery (CalRecycle) on a yearly basis.

Affected Regulatory Code Sections

California Code of Regulations, Title 14, Division 7, Chapter 4, Article 6.

Stakeholder Input

No current information to report.

Rulemaking Documents

Permanent Regulations

Approved Text, September 2008 (MS Word, 57 KB): Final text of the regulations approved by OAL on September 9, 2008

Updated Informative Digest, July 2008 (MS Word, 23 KB): Updated summary of the preceding laws and regulations relating to the regulations and the effect of the regulations.

Supplement to Final Statement of Reasons, July 2008 (MS Word, 38 KB).

Final Statement of Reasons, July 2008 (MS Word, 92 KB): Updated Statement of Reasons explaining the purpose and intent of the regulations.

Response to 15-day Comment Period Comments, June 2008 (MS Word, 33 KB): Responses to comments received.

Response to 45-day Comment Period Comments, May 2008 (MS Word, 48 KB): Responses to comments received.

Adopted Text, June 2008 (MS Word, 48 KB): Text of permanent regulations adopted by the CIWMB on June 17, 2008.

Revised Notice of 15-day Comment Period, May 2008 (MS Word, 101 KB): Revised notice by the CIWMB about an additional comment period ending on June 9, 2008.

Notice of 15-day Comment Period, May 2008 (MS Word, 104 KB): Notice by the CIWMB about an additional comment period ending on June 5, 2008 (see revised notice above indicating comment period extended to June 9, 2008).

Proposed Text, May 2008 (MS Word, 61 KB): Proposed regulatory text for the 15-day comment period. Note: Single underline indicates text added and single strikethrough indicates text deleted to denote the differences between emergency regulation text and 45-day text. Double underline indicates text added and double strikethrough indicates text deleted during the 15-day comment period.

Notice of Proposed Rulemaking, March 2008 (MS Word, 62 KB): Information published in the California Regulatory Notice Register 45 days prior to the end of the public comment period, which references the proceedings, statutory authority, an informative digest describing existing laws, any mandates and the effect of the proposed action on small business.

Initial Statement of Reasons, March 2008 (MS Word, 90 KB): A statement of the specific purpose and the rationale for the determination that this regulation is necessary to carry out the purpose for which it is proposed. Any alternatives considered and technical documents are also noted here.

Proposed Text, March 2008 (MS Word, 59 KB): Proposed regulatory text for 45-day notice.

Emergency Regulations

Emergency regulations (MS Word, 51 KB) as approved by OAL on July 30, 2007.

Rulemaking History

The CIWMB adopted permanent regulations on June 17, 2008.

CIWMB staff mailed a notice of 15-day comment period on the permanent regulations to interested parties on May 23, 2008. The comment period ended on June 9, 2008.

At its May 20, 2008 meeting the CIWMB directed staff to initiate a 15-day comment period on revisions to the proposed permanent regulations.

The CIWMB held a public hearing for the permanent regulations at the May 13, 2008 Strategic Policy Development Committee.

On April 28, 2008, the CIWMB received approval from OAL to extend the emergency regulations in order to have additional time to complete the permanent rulemaking. The emergency regulations are now effective through July 29, 2008.

The 45-day comment period for the permanent regulations began on March 28, 2008 and ended on May 12, 2008.

CIWMB staff submitted the proposed permanent regulations to OAL on March 4, 2008 for public notice and the commencement of a 45-day comment period.

On January 28, 2008, the CIWMB received approval from OAL to extend the emergency regulations in order to have additional time to complete the permanent rulemaking. The emergency regulations became effective through April 29, 2008.

At its September 10, 2007 meeting the Permitting and Compliance Committee directed staff to file the proposed permanent regulations with OAL to initiate a 45-day comment period to adopt permanent regulations for the At-Store Recycling Program.

At its June 12, 2007 meeting, the CIWMB adopted emergency regulations. OAL approved the emergency regulations on July 30, 2007.