Rulemaking Archives

Electronic Waste Recovery and Recycling

On November 27, 2006, the Office of Administrative Law (OAL) approved the regulations. The regulations became effective immediately.

Description
Regulations that allow the California Integrated Waste Management Board (CIWMB) to implement the requirements of the Electronic Waste Recycling Act of 2003 (Act), Chapter 526, Statutes of 2003; as amended by Chapter 863, Statutes of 2004, including the establishment and implementation of a payment system for the collection and proper recycling of covered electronic waste (CEW).

Affected Regulatory Code Sections
Title 14, California Code of Regulations, Division 7, Chapter 8.2, Articles 1 through 5

Status
New final regulations were approved by the Office of Administrative Law (OAL) on November 27, 2006. The regulations were originally adopted by the CIWMB at its Sustainability and Market Development Committee meeting on July 11, 2006, and by the full Board on July 18, 2006.

Note: The CEW recovery and recycling payment system is no longer governed by the emergency regulations.

Contact: Jeff Hunts

Stakeholder Input
Written and oral comments were received by program staff throughout the rulemaking process. Comments and responses are summarized below.

Rulemaking History (in reverse chronological order)

• New final regulations were approved by the Office of Administrative Law (OAL) on November 27, 2006.
• The rulemaking package was delivered to the OAL for review on October 13, 2006.
• The revised proposed regulations were considered and adopted by the CIWMB at its Sustainability and Market Development Committee meeting on July 11, 2006, and by the full Board on July 18, 2006.
• Revised proposed regulatory language was made available for an additional 15-day comment period. That comment period ended at 5:00 p.m. on June 23, 2006. Only those sections of the proposed regulations that had been revised since March 24, 2006, were subject to comment.
• Revised proposed regulatory language was heard by the CIWMB's Sustainability and Market Development Committee meeting on June 6, 2006. Staff received direction to make the revised text available for an additional 15-day comment opportunity.
• A formally noticed 45-day comment period for the originally proposed final regulations ran until May 8, 2006. A public hearing was held in conjunction with the CIWMB's Sustainability and Market Development Committee meeting on May 9, 2006. Staff received direction to consider the comments and to revise the proposed regulations as appropriate.
• The package containing proposed regulatory language, Initial Statement of Reasons, and the Notice of Proposed Rulemaking was submitted to the Office of Administrative Law (OAL) for publication of the Notice on March 24, 2006. The date of publication began a formal 45-day comment period.
• Proposed final regulatory language was discussed at the CIWMB's Sustainability and Market Development Committee meeting on February 7, 2006. Program staff received direction to proceed with the formal noticing of the proposed regulations.
• Revisions to emergency regulations were adopted by the CIWMB at its Board meeting on November 15, 2005, and approved by OAL on December 5, 2005.
• New emergency regulations were approved by OAL on December 13, 2004, as a result of SB 50 (Sher).
• Initial emergency regulations approved by OAL in May 2004, to implement the Electronic Waste Recycling Act of 2003 as enacted via SB 20 (Sher)

Rulemaking Documents

Approved Final Regulation Text, (unofficial version) November 2006 (MS Word, 316 KB). Final regulation text transmitted to the Office of Administrative Law (OAL) for review and approval. Includes formatting that compares the final regulations to the emergency regulations, showing additions and deletions.

Post-Notice Modifications to Text, October 2006 (MS Word 39 KB). Summary of changes made to originally noticed text.

Adopted Final Regulation Text, July 2006 (MS Word, 291 KB). Final regulatory text adopted by the CIWMB at its Sustainability and Market Development Committee meeting on July 11, 2006, and by the full Board on July 18, 2006.

Final Statement of Reasons, October 2006 (MS Word, 60 KB). Statement of Reasons explaining the purpose and intent of the regulations.

Response to Comments, October 2006 (Word, 238 KB). Responses to comments received during the rulemaking process.

Update Informative Digest, October 2006 (Word, 24 KB). Summary of the preceding laws and regulations relating to the regulations and the effect of the regulations.

Revised Proposed Text, 15-Day Comment Version, June 2006 (MS Word, 300 KB). Revised proposed regulatory text available for an additional 15-day comment period, as directed by the CIWMB's Sustainability and Market Development Committee on June 6, 2006.

Summary of Proposed Revisions, June 2006 (Adobe PDF, 22 KB). This document presents only those sections of the proposed regulations that are proposed for revision. It is presented in a "track changes" format. The entire regulatory text (above) should be referenced for context.

Original Proposed Text, 45-Day Comment Version, February 2006 (MS Word, 290 KB). Proposed regulatory text for 45-day public comment period.

Notice of Proposed Rulemaking, March 2006 (MS Word, 163 KB). This document references the proceedings, statutory authority, and informative digest describing existing laws, any mandates, and the effect of the proposed action on small business.

Initial Statement of Reasons, March 2006 (MS Word, 298 KB). A statement of the specific purpose and rationale for the determination that this regulation is necessary to carry out the purpose for which it is proposed. Alternatives considered are also discussed within this statement.

More Information

• More information on existing emergency regulations.
• More information on the Electronic Waste Recycling Act of 2003.
• The Department of Toxic Substances Control (DTSC) is also developing regulations to implement sections of the Act. Please view DTSC's website for more information.

Last updated: July 03, 2008