Governor Brown signed AB 901 (Gordon, Chapter 746, Statutes of 2015) into law to change how organics, recyclable material, and solid waste are reported to CalRecycle. The Recycling and Disposal Facility Reporting System (RDRS) law requires the following businesses to report directly to CalRecycle on a quarterly basis on types, quantities, and destinations of materials that are disposed of, sold, or transferred inside or outside of the state:
- Recycling facilities
- Composting facilities
- Disposal facilities including landfills
- Transformation facilities
- Engineered municipal solid waste conversion facilities
- Transfer/processor facilities
- Contract haulers
- Food waste self-haulers
CalRecycle also gains enforcement authority to collect this information. 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 Office of Administrative Law approved the RDRS regulations on March 5, 2019. The regulations have gone into immediate effect. A copy of the final regulatory text as submitted to the Secretary of State’s Office is available in the "Documents" section below.
Our current schedule for regulation and reporting system development is below. This is a tentative estimate based upon the latest version of the proposed regulatory text and is subject to change.
For disposal and recycling reporting:
- Solid Waste Facility Reporting Continues in DRS through Q2 2019
- Adoption of the Regulations: Late 2018
- Development of the Electronic Reporting System: 2018-Early 2019
- Outreach and Training: Early 2018-Mid 2019
- Initial Online Facility Registration in the Recycling and Disposal Reporting System (RDRS): April 1-30, 2019
- Reporting Entities Begin Recording Required Information for RDRS Reports on July 1, 2019
- Reporting Entities Submit Online RDRS Reports for the Third Quarter of 2019
- Haulers: October 31, 2019
- Transfer/Processors, Recycler/Composters, Broker/Transporters: November 30, 2019
- Disposal Facilities: December 31, 2019
- Final RDRS Regulatory Text
- Final Statement of Reasons Part 1–Update to Initial Statement of Reasons
- Final Statement of Reasons Part 2–Summary and Response to Comments
- Notice of Changes to Proposed AB 901 Reporting Regulations
- Eighth Draft Regulations, October 31, 2018
- Eighth Draft Regulations, Clean Copy (for reference purposes), October 31, 2018
- Notice of Changes to Proposed AB 901 Regulations (Second 15-day)
- Seventh Draft Regulations, October 2018
- Seventh Draft Regulations, Clean Copy (for reference purposes)), October 2018
- High Level Summary of Changes from Sixth to Seventh Draft
- Notice of Changes (First 15-day)
- Sixth Draft Regulations, May 2018
- Explanation of Changes from Fifth to Sixth Draft
- Notice of Proposed Rulemaking
- Fifth Draft Regulations Published by OAL, January 2018
- Initial Statement of Reasons
- Fourth Draft Regulations, September 2017
- Explanation of Changes from Third to Fourth Draft Regulations
- Third Draft Regulations, February 2017
- December 2016 Stakeholder Workshop Presentation
- Second Draft Regulations, November 2016
- First Draft Regulations, June 2016
- Chapter 746, Statutes of 2015 (AB 901) Text
- July 2016 Stakeholder Workshop Presentation
- August 2016 Stakeholder Workshop Presentation
(Note: To enhance accessibility of PDFs, switch to high-contrast colors, as needed, when viewing.)
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.
Four rounds of informal workshops took place in April, July, August and December in Northern and Southern California. See the "Stakeholder Input" section for more information.
The AB 901 Recycling and Disposal Reporting System (RDRS) regulations were submitted to the Office of Administrative Law for approval and publication in the California Code of Regulations on January 18, 2019. A Notice of Exemption has been filed with the Governor’s Office of Planning and Research relative to this rulemaking.
On December 31, 2018, CalRecycle Director Scott Smithline signed the Request for Approvalto conclude the rulemaking process. The Request for Approval was presented at the December 18, 2018 CalRecycle Monthly Public Meeting.
On December 28, 2018, the Department of Finance concurred in the Department’s assessment of the fiscal impact of the proposed regulations.
The eighth draft of the proposed regulatory text was released on October 31, 2018 for a 15-day formal comment period that will close on November 15, 2018 at 11:59 p.m. Please refer to the “Notice of Changes to Proposed AB 901 Reporting Regulations” for information on how to comment.
The copy of the eighth draft of the proposed regulatory text includes a high-level summary of changes (on page one). A clean (less marked-up) copy has also been provided for reference purposes only. All other associated documents are provided below under the "Documents" section.
Copies of comments received during the past several comment periods 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.
CalRecycle has received and evaluated comment letters from several stakeholders subsequent to the close of each comment period:
- AB 901 Fourth Comment Period, 15-Day
- AB 901 Third Comment Period, 15-Day, October 1, 2018
- AB 901 Second Comment Period, 15-Dayy, May 2018
- AB 901 First Comment Period, 45-Day, January-March 2018
Other comments received on this rulemaking:
Stakeholders have had several opportunities to provide feedback on the creation of AB 901 disposal and recycling reporting regulations:
- March 14, 2018 (Sacramento) | YouTube (01:07:15)
- December 13, 2016 (Southern California) | YouTube (02:09:16)
- December 12, 2016 (Sacramento) | YouTube (03:58:17)
- August 24, 2016 (Sacramento) | Products and Material Types: YouTube (01:45:11) | General Topics: YouTube (01:32:42)
- August 23, 2016 (Sacramento) | Penalties/enforcement: YouTube (01:12:18) | Multiple operations: YouTube (01:29:00) | Jurisdictional requests & confidentiality: YouTube (01:56:53) | Methodologies for determining origin & sector: YouTube (01:35:26)
- August 22, 2016 (Sacramento) | Threshold: YouTube (01:49:41) | Organics management: YouTube (01:53:57)
- July 12, 2016 (Diamond Bar) | YouTube (03:27:42)
- July 7, 2016 (Sacramento) | YouTube (02:47:47)
- April 26, 2016 (Diamond Bar) | YouTube (02:29:29)
- April 19, 2016 (Sacramento) | YouTube (02:34:41)
Stakeholders also had the opportunity to view the workshops in real time.