California Department of Resources Recycling and Recovery (CalRecycle) 

Proposed Regulations

Recycling and Disposal Facility Reporting

Description

Chapter 746, statutes of 2015 (Assembly Bill 901, Gordon) was signed by Governor Brown and changes how disposal and recycling is reported to CalRecycle. Waste, recycling, and compost facilities, as well as exporters, brokers, and transporters of recyclables or compost will be required to submit information directly to CalRecycle on the types, quantities, and destinations of materials that are disposed of, sold, or transferred inside or outside of the state. CalRecycle also gains enforcement authority to collect this information. Chapter 746, statutes of 2015 (AB 901) was codified in Public Resources Code section 41821.5.

The data acquired by the new regulations will inform CalRecycle’s understanding of material flows within the State’s recycling infrastructure; allow CalRecycle to better estimate total recycling and composting; and assist CalRecycle to track progress towards several state goals and programs, including the 75% recycling goal, mandatory commercial recycling, and organics diversion programs. This information will allow CalRecycle to implement various improvements in areas such as increased responsiveness to changes in the recycling landscape, operational efficiencies, and targeting of state resources to recycling infrastructure.

Affected Regulatory Code Sections

California Code of Regulations, Title 14, Division 7, Chapter 9, Article 9.2, commencing with section 18800.

Current Status and Documents

Calrecycle presented the latest version of draft regulations for Recycling and Disposal Facility Reporting on September 19, 2017 during the department’s monthly public meeting. A fourth draft was approved by the Director of CalRecycle, Scott Smithline, on October 23, 2017. The draft regulations are currently with the California Environmental Protection Agency (CalEPA) for review before they are submitted to the Office of Administrative Law (OAL) to commence the first 45-day comment period of the formal process. We anticipate that the formal process will begin before the end of this year. To receive a notice of the beginning of the formal comment period, please register for the reporting rulemaking listserv.

Our current schedule for regulation and reporting system development is below. This is a tentative estimate and is subject to change.

For disposal and recycling reporting:

  • Informal public workshops: 2016
  • Formal workshops and rulemaking process: late 2017
  • Adoption of the regulations: early-to-mid 2018
  • Development of the electronic reporting system: 2017-2018
  • Outreach and training: mid-to-late 2018
  • First round of reporting: beginning of 2019

Documents

Contact

You may contact CalRecycle staff at AB901.Reporting@calrecycle.ca.gov.

Also, subscribe to the Disposal and Recycling Facility Reporting Listserv for emails regarding rulemaking developments. 

Historical Information

Rulemaking History

  • Four rounds of informal workshops took place in April, July, August and December in Northern California and Southern California. See the "Stakeholder Input" section for more information.

Stakeholder Input

Comments on Draft Regulations: CalRecycle has received and evaluated comment letters from several stakeholders after the workshops in August.

CalRecycle held several informal workshops for stakeholders to provide feedback on the creation of AB 901 disposal and recycling reporting regulations.

Stakeholders also had the opportunity to view the workshops in real time.

Last updated: November 14, 2017
Proposed Regulations http://www.calrecycle.ca.gov/Laws/Rulemaking/
Legal Office: LegalSec@calrecycle.ca.gov (916) 327-0089