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Notice of Covered Electronic Waste Recycling Program Enforcement Emergency Regulations
The Department of Resources Recycling and Recovery (CalRecycle) proposes to adopt emergency regulations in response to CalRecycle’s Informal Hearing Rules Regulations. The proposed rulemaking will expressly exempt the Covered Electronic Waste (CEW) Recycling Program from the regulations and procedures instituted in CalRecycle’s newly adopted Informal Hearing Rules Regulations and specify the burden of proof on an appeal of a payment claim adjustment or denial. These emergency regulations are necessary to maintain existing program practices with respect to appeals and administrative hearings and to provide clarification with respect to the burden of proof on an appeal of a decision by CalRecycle to adjust or deny a payment claim. The proposed emergency regulations will amend California Code of Regulations (CCR), Title 14, Articles 2.1, 2.3, and 6, sections 18660.19, 18660.31, 18660.44, 18660.45, and 18660.46.
The public comment period permits any interested person, or their authorized representative, to submit written comments addressing the proposed amendments. Written comments which offer recommendations, objections, support for, or opposition to the proposed amendments should indicate the amended section(s) to which the comment or comments are directed. The public comment period will commence on June 16, 2026, when the emergency regulations are posted on the Office of Administrative Law’s (OAL) website. The public comment period will close on June 22, 2026. Written comments received after the close of the public comment period will not be considered part of this rulemaking file.
Comments on the proposed emergency regulations must be submitted directly to OAL within the comment period stated above. You may submit comments to the OAL Reference Attorney through one of methods listed in the following section:
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Mail:
300 Capitol Mall
Suite 1250
Sacramento, California
95814
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The comment must state that it is about the emergency regulation currently under OAL review and include the topic of the emergency rulemaking.
When submitting a comment to OAL, a copy of the comment must also be submitted to CalRecycle through one of the following methods:
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Mail:
Donnet McFarlane
Covered Electronic Waste Recycling Program Enforcement Emergency Regulations
Department of Resources Recycling and Recovery, Regulations Unit
1001 “I” Street, MS-24B Sacramento, CA 95814
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By submitting a written comment to CalRecycle in connection with this rulemaking action you shall be deemed to have expressly indicated a willingness to receive a notice by means of an electronic written communication via email unless you specifically request CalRecycle to deliver its notice(s) via non-electronic communication.
Please note that under the California Public Records Act (Government Code section 7920.000 et seq.), your written and oral comments, attachments, and associated contact information (e.g., your address, phone number, email address, etc.) become part of the public record and can be released to the public upon request.
The Notice of Proposed Emergency Action, Finding of Emergency, and Regulation Text are available below.
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All rulemaking documents, including the STD 399 Economic and Fiscal Impact Statement, can be accessed on the Department’s website linked below: |
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All rulemaking documents are available for public inspection during normal business hours at CalRecycle, 1001 “I” Street, 24th Floor, Sacramento, CA 95814. To schedule a time to inspect these documents, please contact Donnet McFarlane at the email address below. |
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Donnet McFarlane
(916) 327-0089
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