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§ 2250. Petition to the Director to Adjust the Minimum Postconsumer Recycled Content Percentage...

14 CA ADC § 2250Barclays Official California Code of RegulationsEffective: January 1, 2024

Barclays California Code of Regulations
Title 14. Natural Resources
Division 2. Department of Conservation
Chapter 5. Division of Recycling
Subchapter 3. Manufacturers
Article 3. Registration, Accounting and Reporting Requirements for Beverage Manufacturers
Effective: January 1, 2024
14 CCR § 2250
§ 2250. Petition to the Director to Adjust the Minimum Postconsumer Recycled Content Percentage.
Currentness
(a) On or after January 1, 2025, and annually thereafter, an association that represents companies that manufacture beverages may petition to the director to adjust the minimum postconsumer recycled content percentage required to meet the minimum recycled plastic content requirements for plastic beverage containers. The association must represent at least 35% of beverage manufacturers who reported plastic beverage containers pursuant to section 2240(a) of these regulations during the previous calendar year to submit the petition.
(b) The petition shall be submitted as a written request to the director of the Department of Resources Recycling and Recovery and shall include:
(1) The name of the association; and
(2) The list of registered beverage manufacturers that the association represents which must include:
(A) Each unique manufacturer identification number; and
(B) The name of the beverage manufacturer;
(3) A confirmatory statement that the association represents at least 35% of beverage manufacturers who reported plastic beverage containers pursuant to section 2240(a) of these regulations during the previous calendar year; and
(4) The lobbying identification number granted by the Secretary of State that demonstrates the association is registered to engage in lobbying the legislature or a state administrative agency; and
(5) Information documenting the following factors to be considered by the director of the Department of Resources Recycling and Recovery:
(A) Changes in market conditions, including supply and demand for postconsumer recycled plastics, collection rates, and bale availability both domestically and globally;
(B) Recycling rates as determined by the Department of Resources Recycling and Recovery pursuant to Public Resources Code section 14551; and
(C) The availability of recycled plastic suitable to meet the minimum recycled content requirements, including the availability of high-quality recycled plastic, and food-grade recycled plastic from the state's and other beverage container recycling programs; and
(D) The capacity of recycling or processing infrastructure; and
(E) The progress made by beverage manufacturers in achieving the goals related to meeting requirements of subdivision (a) of section 14547 of the Public Resources Code.
(6) The association's preferred reduced minimum postconsumer recycled content percentage as supported by the factors identified in the petition.
(c) The petition to the director of the Department of Resources Recycling and Recovery shall be submitted by December 1 and delivered to either the Division by email to [email protected] or by mail to Statistical Information Section, Division of Recycling, Department of Resources Recycling and Recovery, P.O. Box 4025, Sacramento, California, 95812-4025.
(d) The director will grant or deny the petition by publishing the decision on minimum content standards on the Department's website on or before May 1 of the subsequent year.

Credits

Note: Authority cited: Sections 14530.5 and 14536, Public Resources Code. Reference: Sections 14517 and 14547, Public Resources Code.
History
1. New section filed 11-2-2023; operative 1-1-2024 (Register 2023, No. 44).
This database is current through 4/26/24 Register 2024, No. 17.
Cal. Admin. Code tit. 14, § 2250, 14 CA ADC § 2250
End of Document