1. (a) Limitations on the types of CEW eligible for payments:

   1. (1) An approved collector or approved dual entity may request recovery payment only for the types of CEW specified by DTSC, or as specified in this Chapter and authorized by the Act that were used in California by a California Source and were transferred to an approved recycler or an approved dual entity by the approved collector or approved dual entity.
   2. (2) An approved recycler or approved dual entity may claim recycling payment only for the types of CEW specified by DTSC, or as specified in this Chapter and authorized by the Act that were used in California by a California Source and received from an approved collector or approved dual entity and are cancelled by the approved recycler or approved dual entity.

2. (b) Limitations on the timeframes eligible for payments:

   1. (1) An approved collector or an approved recycler shall not receive payment for any CEW transferred from a California source before January 1, 2005.
   2. (2) An approved collector shall not request recovery payments from recyclers for transfers that occur prior to the approval of the collector's application by CalRecycle.
   3. (3) An approved recycler shall not claim recycling payments from CalRecycle for CEW cancelled prior to the approval of the recycler's application by CalRecycle.

3. (c) Limitations on the Sources of CEW and CEW eligible for payments:

   1. (1) Only CEW resulting from a California source are eligible for recovery or recycling payments.
   2. (2) CEW owned by a person in California, but used entirely outside of California are not eligible for payments.

   3. (3) Source-anonymous CEW, documented pursuant to Section 18660.20(j)(1)(E) of this Chapter, are eligible for recovery and recycling payments if:

      1. (A) The source-anonymous CEW results from Load Check Activities as defined in Section 18660.5(a)(29) conducted at permitted solid waste facilities whose operator is an approved collector or, if not an approved collector, the source-anonymous CEW are directly transferred from the permitted solid waste facility to an approved collector; or
      2. (B) The source-anonymous CEW results from illegal disposal clean-up activities conducted by a Local Government, as defined in Section 18660.47, or its Designated Approved Collector; or
      3. (C) The source-anonymous CEW results from illegal disposal on property owned or managed by an approved collector.
   4. (4) CEW that is transferred to a Designated Approved Collector is not eligible for payments unless the CEW is accompanied by applicable source documentation pursuant to Section 18660.20(h) of this Chapter.

4. (d) Limitations on the ability of collectors and recyclers to charge a fee:

   1. (1) If the recovery payment from a recycler does not fully cover the net cost of CEW recovery, and the collector establishes a cost-free opportunity for a California source to transfer CEW to the collector, then an approved collector may charge a fee for CEW recovery.
   2. (2) If the recovery payment from a recycler fully covers the net cost of CEW recovery, an approved collector shall provide CEW recovery at no charge to California sources or CalRecycle may revoke approval and direct recyclers to deny recovery payments to the collector.
   3. (3) If the recycling payment from CalRecycle does not fully cover the net cost of CEW recycling, an approved recycler may charge a fee for CEW recycling.
   4. (4) If the recycling payment from CalRecycle fully covers the net cost of CEW recycling, an approved recycler shall provide CEW recycling at no charge to approved collectors or CalRecycle may revoke approval and deny recycling payments to the recycler.

5. (e) Limitations on recovery payments:

   1. (1) An approved recycler shall make recovery payments at the rate specified in Section 18660.33 of this Chapter to approved collectors for all CEW transferred to the recycler and that are accompanied by applicable source documentation pursuant to Section 18660.20(h) of this Chapter.
   2. (2) CalRecycle shall revoke a recycler's approval and deny recycling payments to a recycler that fails to make recovery payments to approved collectors as specified in this Chapter.
   3. (3) An approved recycler shall not make the recovery payments as specified in this Chapter to collectors who are not approved pursuant to this Chapter.
   4. (4) An approved recycler may make other types of payments, not provided for under this Chapter, to a collector regardless of the collector's approval status.
   5. (5) An approved recycler shall not provide recovery payments to a collector other than the approved collector that transfers the CEW to the recycler, but nothing limits the collectors involved in prior transfers from negotiating payments among themselves unrelated to the recovery payment provisions of this Chapter.
   6. (6) An approved collector or approved dual entity is eligible for recovery payments only if the collector or approved dual entity establishes convenient, cost-free opportunities for California sources to discard CEW with the approved collector or the approved dual entity.
   7. (7) An approved collector is eligible for recovery payments only for CEW transferred to the recycler that are accompanied by required source documentation pursuant to Section 18660.20(h) of this Chapter.
   8. (8) The approved collector shall repay the approved recycler the amount of recovery payment that was paid if an approved collector has received recovery payment from an approved recycler for which the approved collector was not entitled.

6. (f) Limitations on recycling payments:

   1. (1) CalRecycle shall make recycling payments only to approved recyclers who:

      1. (A) Cancel CEW using cancellation methods as specified in Section 18660.32 of this Chapter.
      2. (B) Document cancellation and meet the other requirements of this Chapter.
   2. (2) CalRecycle shall not make recycling payments to a recycler other than the approved recycler that cancels the CEW, but nothing limits the recyclers involved in subsequent transfers from negotiating payments among themselves unrelated to the recycling payment provisions of this Chapter.
   3. (3) CalRecycle shall not make recycling payments for reuse of either a whole CEW or of a partially disassembled CEW, such as a CRT with an attached yoke.

7. (g) Limitations in relation to current business practices:

   1. (1) CalRecycle shall not limit the ability of approved collectors and approved recyclers to transfer or not transfer CEW to or from any party.
   2. (2) CalRecycle shall not limit the ability of approved collectors and approved recyclers from entering into contracts with each other or other parties.
   3. (3) CalRecycle shall not limit the ability of collectors to recover CEW or recyclers to recycle CEW without participating in the system described in this Chapter.
   4. (4) If collectors wish to receive recovery payments or recyclers wish to receive recycling payments, then they must meet the requirements in this Chapter.

8. (h) Limitations on the disposition of treatment residuals:

   1. (1) Approved recyclers are not eligible for CEW recycling payments if treatment residuals are managed in a manner noncompliant or nonconforming with applicable law.

   2. (2) Treatment residuals shall be managed for recycling to the extent economically feasible.

      1. (A) Economic feasibility shall be determined by an approved recycler based on current market conditions for legal management options.
      2. (B) CalRecycle may demand demonstration of economic infeasibility in accordance with Public Resources Code section 42479.
   3. (3) Approved recyclers that ship treatment residual CRTs or CRT glass shall be capable of demonstrating to CalRecycle or its designee upon demand that the CRT or CRT glass has reached an ultimate disposition within one year of the initial shipment, unless the approved recycler is exempt from such demonstration pursuant to Article 7 of Chapter 23 of Division 4.5 of Title 22 of the California Code of Regulations.
   4. (4) If treatment residuals are disposed, an approved recycler shall ensure and be able to demonstrate that the disposal complies with all applicable laws and conforms to any conditions of authorization or approval under which the approved recycler managed the CEW from which the treatment residuals were derived.
   5. (5) CalRecycle may require approved recyclers to produce documentation maintained pursuant to this Chapter to demonstrate compliance or conformance with all laws associated with treatment residual shipment, initial destination, or ultimate disposition.

9. (i) Limitations on recycling payments on exported CEW:

   1. (1) CalRecycle shall not approve recyclers located outside the State of California.
   2. (2) CEW sent to and cancelled by unapproved recyclers are not eligible for recycling payments pursuant to this Chapter regardless of the location of the unapproved recycler.

Note: Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code. Reference: Sections 42472(b), 42475(a), 42476, 42477, 42478 and 42479, Public Resources Code.

History

1. New article 2 (sections 18660.6-18660.10) and section filed 5-10-2004 as an emergency; operative 5-10-2004 (Register 2004, No. 20). Pursuant to Public Resources Code section 42475.2(b) a Certificate of Compliance must be transmitted to OAL by 5-10-2006 or emergency language will be repealed by operation of law on the following day.

2. Repealer and new article 2.0 (sections 18660.6-18660.10) and section filed 12-13-2004 as an emergency; operative 12-13-2004 (Register 2004, No. 51). Pursuant to Public Resources Code section 42475.2(b), emergency language will be repealed by operation of law on 12-14-2006. A Certificate of Compliance must be transmitted to and approved by OAL prior to that day.

3. New subsections (c)(3)-(4) filed 12-2-2005 as an emergency; operative 12-2-2005 (Register 2005, No. 48). Pursuant to Public Resources Code section 42475.2(b), emergency language will be repealed by operation of law on 12-14-2006. A Certificate of Compliance must be transmitted to and approved by OAL prior to that day.

4. Certificate of Compliance as to 12-13-2004 and 12-2-2005 orders, including further amendment of section, transmitted to OAL 10-13-2006 and filed 11-27-2006 pursuant to Public Resources Code section 42475.2(b) (Register 2006, No. 48).

5. Change without regulatory effect amending subsections (b)(2)-(4), (c)(3)(A), (d)(2)-(4), (e)(2), (f)(1), (f)(2)-(3), (g)(1)-(3), (h)(1) and (i)(1)-(4) filed 10-29-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 44).

6. Amendment of subsection (h), repealer and new subsections (h)(1) and (h)(2), new subsections (h)(3)-(5), amendment of subsection (i)(3) and new subsection (j) filed 8-21-2015 as an emergency; operative 8-21-2015 (Register 2015, No. 34). Pursuant to Public Resources Code section 42475.2(b), this is a statutory deemed emergency, and the emergency language remains in effect until 8-20-2017 unless a Certificate of Compliance is transmitted to and approved by OAL, or the emergency language is revised by the Board prior to that date, whichever occurs sooner.

7. Amendment of subsection (h), repealer and new subsections (h)(1) and (h)(2), new subsections (h)(3)-(5), amendment of subsection (i)(3) and new subsection (j) refiled 8-1-2017 as an emergency; operative 8-21-2017 (Register 2017, No. 31). Pursuant to Public Resources Code section 42475.2(b), this is a statutory deemed emergency, and the emergency language remains in effect until 8-20-2019 unless a Certificate of Compliance is transmitted to and approved by OAL, or the emergency language is revised by the Board prior to that date, whichever occurs sooner.

8. Certificate of Compliance as to 5-30-2018 order, including amendment of subsections (h)(3)-(5), transmitted to OAL 8-3-2018 and filed 9-17-2018; amendments effective 10-1-2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 38).

9. Amendment of subsections (c)(3)(B) and (c)(4) filed 7-3-2020; operative 10-1-2020 (Register 2020, No. 27).

10. Change without regulatory effect amending subsection (i)(1) filed 4-17-2023 pursuant to section 100, title 1, California Code of Regulations (Register 2023, No. 16).

11. Amendment of subsection (c)(3)(A) filed 12-13-2024 as an emergency; operative 1-1-2025 (Register 2024, No. 50). Pursuant to Public Resources Code section 42475.2(b), this is a statutory deemed emergency, and the emergency language remains in effect until 1-1-2027 unless a Certificate of Compliance is transmitted to and approved by OAL, or the emergency language is revised by the Department prior to that date, whichever occurs sooner.

12. Amendment of article heading, section heading and section filed 12-11-2025 as a deemed emergency pursuant to Public Resources Code section 42475.2(b); operative 12-11-2025 (Register 2025, No. 50). A Certificate of Compliance must be transmitted to OAL by 12-11-2027 or emergency language will be repealed by operation of law on the following day.