Disposal and Recycling Facility Reporting Rulemaking-Chapter 746, statutes of 2015 (AB 901)

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 organics, recyclable material, and solid waste are reported to CalRecycle. Disposal, 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 percent 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 the targeting of state resources to recycling infrastructure to foster a circular economy.

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

The sixth draft of the proposed regulatory text was released on May 16, 2018 for a 15-day formal comment period and closed on May 31, 2018 at 11:59pm. Please refer to the “Notice of Changes to Proposed AB 901 Regulations” document in the Documents section below for information on how to comment. The comment period will close on May 31, 2018 at 11:59pm. The proposed regulatory text can also be found below in the Documents section. A copy of the sixth draft of the proposed regulatory text can be found below. Staff are currently reviewing the comments received during the 15-day comment period. Copies of comments received during the 15-day comment period can be found below under the “Stakeholder Input” section.

To receive updates on the proposed regulations for recycling and disposal facility reporting, 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 hearing(s) and rulemaking process: early 2018
  • Adoption of the regulations: mid 2018
  • Development of the electronic reporting system: 2018
  • Outreach and training: mid-to-late 2018
  • First round of reporting: beginning of 2019

Documents

(Note: To enhance accessibility of PDFs, switch to high-contrast colors, as needed, when viewing.)

Contact

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

Also, subscribe to the Recycling and Disposal 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: June 11, 2018
Proposed Regulations http://www.calrecycle.ca.gov/Laws/Rulemaking/
Legal Office: LegalSec@calrecycle.ca.gov (916) 327-0089