Description

On March 24, 2020, the Office of Administrative Law approved the readoption of emergency regulations that established the Differential Payment Structure by splitting the covered electronic waste (CEW) recycling payment rate to allow for multiple recycling payment rates: one for cathode ray tube (CRT) CEW and another for non-CRT CEW. The effective date of the readoption is May 10, 2020. The regulations establish the regulatory structure necessary to accommodate a differential recycling payment rate for non-CRT CEW.

Affected Regulatory Code Sections

California Code of Regulations, Title 14, Division 7, Chapter 8.2:

  • Revision to the Definitions section (14 CCR § 18660.5(a)(43));
  • Approved recyclers are required to report separately the net cost associated with recycling CRT CEW and with recycling non-CRT CEW (14 CCR § 18660.10);
  • Approved recyclers are required to maintain records relative to the management of all CRT CEW and non-CRT CEW that they handle (14 CCR § 18660.21);
  • The Standard Statewide Combined Recovery and Recycling Payment Rate is split into separate payment rates for CRT CEW and non-CRT CEW (14 CCR § 18660.34).  As the existing single Standard Statewide Recovery Payment Rate is maintained for all CEW, this modification applies only to the recycling payment rate.

Stakeholder Input

Stakeholders had the opportunity to provide input in response to past listserv notices as well as during the January 21, 2020 CalRecycle public monthly meeting.

Current Status and Documents

Documents which were relied upon by CalRecycle in developing the regulations:

Approval of Readoption by Office of Administrative Law (PDF)

The CEW program's current regulations, statutes, and historical documents can be found on the Regulatory Information page.

Rulemaking History

On May 9, 2018, the Office of Administrative Law approved emergency rules that provided a structure for pursuing multiple CEW recycling payment rates pertaining to the Electronic Waste Recycling Act and associated CEW recycling program.

On January 24, 2020, CalRecycle's acting director approved the readoption of the proposed covered electronic waste rate split and associated emergency regulatory language. CalRecycle presented the proposed emergency regulations at CalRecycle’s January monthly meeting. A copy of the signed Request for Approval, the proposed regulatory language, and other supporting documents can be found on our Public Notice: Readoption of Emergency Regulations Providing a Structure for Pursuing Multiple Covered Electronic Waste Recycling Payment Rates.