CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 4-Z
78will be made available to the public, for written com -
ment, at least 15–days before final adoption.
The public may request a copy of the modified reg -
ulatory text from CARB’s Public Information Office, 
California Air Resources Board, 1001 I Street, Visi -
tors and Environmental Services Center, First Floor, 
Sacramento, California, 95814.
FINAL STATEMENT OF  
REASONS A VAILABILITY
Upon its completion, the Final Statement of Reasons 
(FSOR) will be available and copies may be requested 
from the agency contact persons in this notice, or may 
be accessed on CARB’s website listed below.
INTERNET ACCESS
This notice, the ISOR and all subsequent regulatory 
documents, including the FSOR, when completed, are 
available on CARB’s website for this rulemaking at 
https://ww2.arb.ca.gov/rulemaking/2023/evconversion
 
The energy challenge facing California is real. Every 
Californian needs to take immediate action to reduce 
energy consumption. For a list of simple ways you 
can reduce demand and cut your energy costs, see 
CARB’s website ( www.arb.ca.gov ).
TITLE 14.  DEPARTMENT OF  
RESOURCES RECYCLING  
AND RECOVERY
RECYCLING AND  
DISPOSAL REPORTING  
SYSTEM REGULATORY  
PERMANENT REGULATIONS  
 
AFFECTED REGULATORY SECTIONS
Title 14. Natural Resources  
Division 7. Department of Resources Recycling  
 and Recovery  
Chapter 9. Planning Guidelines and Procedures  
 for Preparing and Revising Countywide and  
 Regional Agency Integrated Waste  
 Management Plans  
Article 9.25.  
 Recycling and Disposal Reporting System  
Sections 18815.1 – 18815.12, excluding 18815.10  Title 14. Natural Resources  
Division 7. Department of Resources Recycling  
 and Recovery  
Chapter 9. Planning Guidelines and Procedures  
 for Preparing and Revising Countywide and  
 Regional Agency Integrated Waste  
 Management Plans  
Article 9. Annual Report Regulations
Section  18794.2
PROPOSED REGULATORY ACTION
The Department of Resources Recycling and Recov -
ery (CalRecycle) proposes to amend California Code 
of Regulations, Title 14, Article 9.25, sections 18815.1, 
18815.2, 18815.3, 18815.4, 18815.5, 18815.6, 18815.7, 
18815.8, 18815.9, 18815.11, and 18815.12 and Article 9, 
section 18794.2 in order to clarify existing language 
and implement new reporting requirements added by 
Senate Bill (SB) 343 (Allen, Chapter 507, Statutes of 
2021)  and Assembly Bill (AB) 881 (Gonzalez, Chapter 
501, Statutes of 2021) .
PUBLIC HEARING
CalRecycle will hold a hybrid public hearing start -
ing at 1:00 p.m., on March 15, 2023  and concluding 
upon submission of any public hearing comments. 
The public hearing will be accessible in person in the  
Byron Sher Room located on the 2nd floor of the  
CalRecycle headquarters at 1001 I Street, Sacramen -
to, California. The Byron Sher room is wheelchair  
accessible. The public hearing will also be accessible 
virtually via Zoom. Instructions for how to access the 
Zoom public hearing, including the specific Zoom 
link, can be found on CalRecycle’s website ( https://
calrecycle.ca.gov/laws/rulemaking/rdrsupdates/ ).
At the public hearing, any person may present state -
ments or arguments, orally, in writing, or in the chat 
of the Zoom meeting, relevant to the proposed action. 
CalRecycle requests, but does not require, that any per -
son who makes oral comments also submit a written 
copy of their testimony at the hearing. All comments 
in the virtual hearing will be collected and recorded.
WRITTEN COMMENT PERIOD
The written comment period permits any interested 
person, or their authorized representative, to submit 
written comments addressing the proposed amend -
ments to CalRecycle. Written comments, which offer a 
recommendation and/or objection, or support the pro -
posed amendment, should indicate the amended sec -
tion to which the comment or comments are directed. 
CalRecycle will only consider written comments sent 
to CalRecycle and received during the written com -CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 4-Z
79
ment period, which begins on January 27, 2023, and 
ends at the conclusion of the rulemaking hearing on 
March 15, 2023. Additionally, CalRecycle requests that 
written comments reference a subsection or section 
of the proposed action. Written comments received 
by CalRecycle after the close of the public comment  
period will not be responded to in the rulemaking file. 
Submit your written comments to:
Donnet McFarlane  
Recycling and Disposal Reporting System  
 Regulatory Update  
Department of Resources Recycling and  
 Recovery, Regulations Unit, 1001 “I” St., MS–  
 24B, Sacramento, CA 95814
During the 45–day comment period, written com -
ments may also be emailed to: regulations@calrecycle.  
ca.gov
AUTHORITY AND REFERENCES
Public Resources Code sections 40502, 41781.4, 
41821.5(c), and 42355.51(d)(1)(A) provide author -
ity for the regulatory updates. The following is a 
list of references cited in the proposed regulations:  
Public Resources Code 41780, 41780.1, 41781.4, 41782, 
41813, 41821, 41821.5, 41821.6, 41821.7, 41821.8, 41850, 
42355.51(d)(1)(A), and 42652.5; Health and Safety 
Code 39730.6.
INFORMATIVE DIGEST
Summary of Existing Laws and Proposed Regulations
Existing law, AB 901 (Gordon, Chapter 746,  
Statutes of 2015)  expanded CalRecycle’s authority to 
adopt regulations regulating the reporting of recycling 
and composting streams and disposal streams. After 
the enactment of AB 901, CalRecycle promulagated 
new reporting regulations and created the Recycling 
and Disposal Reporting System (RDRS) to gather 
information necessary to help the state accomplish 
various statewide waste and recycling mandates and 
goals, such as the 50% diversion mandate (AB 939, 
Sher, Chapter 1095, Statutes of 1989), a 75 percent  
reduction of disposal goal ( AB 341, Chesbro, Chap -
ter 476, Statutes of 2011 ), mandatory commercial 
organics recycling ( AB 1826, Chesbro, Chapter 727,  
Statutes of 2014 ), and reducing short–lived climate 
pollutant emissions from landfills ( SB 1383, Lara, 
Chapter 395, Statutes of 2016 ).
These proposed regulations improve and increase 
the data in RDRS that can be used towards those waste 
and recycling goals. For example, reporting in RDRS 
began in third calendar quarter of 2019. After a few 
years of this reporting, CalRecycle has determined 
several instances where existing regulations could be amended to either clarify the regulations or im -
prove the quality of the collected data. These regu -
lations will also be updated to reflect various non–  
substantive changes such as correcting obsolete ref -
erences and citation changes. Additionally, building 
upon existing statutes, AB 881 (Gonzalez, Chapter 
501, Statutes of 2021)  and SB 343 (Allen, Chapter 507, 
Statutes of 2021)  became effective in 2022. These stat -
utes direct RDRS to collect additional information 
related to disposal and diversion. The proposed regu -
lations also update references to the California Public 
Records Act as recodified in AB 473 (Chau, Chapter 
614, Statutes 2021).
Existing law, AB 881 classifies the export of mixed 
plastic materials as disposal for the purposes of AB 
939. Mixed plastic excludes polyethylene terephthal -
ate (resin code #1), high–density polyethylene (#2), 
and polypropylene (#5), and certain countries are 
not considered export for the purposes of the statute. 
However, by requiring that the export of typically less 
recyclable plastics (i.e., 3, 4, 6, and 7) be considered 
disposal, AB 881 prevents California from assuming 
that such materials are diverted from disposal for the 
purposes of calculating the state’s diversion goals and 
mandates.
These regulations update RDRS to collect the  
jurisdiction of origin for exported mixed plastics 
for assignment of disposed tons as disposal to that  
jurisdiction of origin in order to comply with AB 881.
Existing law, SB 343 also relates to recyclables, but to 
labeling rather than disposal calculations. Specifically, 
SB 343 regulates the use of the “chasing arrows” sym -
bol on products and packaging. With some exceptions, 
SB 343 requires that products and packaging must be 
recyclable if they display the chasing arrows sym -
bol or other labeling directing consumers to recycle  
the material. SB 343 does not empower CalRecycle 
to determine whether an affected good is recyclable. 
Instead, SB 343 requires CalRecycle to gather infor -
mation about materials: how the materials that are 
obtained or processed for recovery are collected (i.e., 
collection method) and what materials are recovered.
These regulations update RDRS to gather the col -
lection method for the materials that are recovered as 
required by SB 343.
Policy Statement Overview
The objectives of the proposed regulatory amend -
ments are two–fold.
First, SB 343 and AB 881 require CalRecycle to  
update RDRS to capture additional data. SB 343  
requires more specific information about material col -
lection and the types and forms of material that are  
actively recovered and not considered contaminants.  
AB 881 requires information regarding the juris -
dictions of origin for certain exported mixed plastic 
wastes.CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 4-Z
80Second, CalRecycle wants to improve the quality 
of data already collected in RDRS by altering some 
existing regulations. The proposed updates will clar -
ify how entities should register and report, as well as 
capture greater detail for certain reportable activities.
The proposed amendments will provide several 
benefits. New data collected pursuant to SB 343 will 
provide information that will improve understanding 
of the recyclability of various products. Data associat -
ed with AB 881 will help CalRecycle more accurately 
assess disposal in state. Likewise, improving the qual -
ity of existing datasets will help CalRecycle and local 
governments better devise strategies to achieve Cal -
ifornia’s waste management and recycling goals and 
mandates, such as reducing waste (AB 939, AB 341, 
AB 1826) and increasing sustainability of the econo -
my (e.g., SB 1335, Allen, Chapter 610, Statutes of 2018 ; 
SB 54, Allen, Chapter 75, Statutes of 2022 ).
Existing Comparable Federal Regulation or Statute
There are no federal statutes or regulations that are 
comparable to the proposed regulations.
Consistency with State Regulations
After conducting an evaluation of any regulations 
relating to this area, CalRecycle has found that the 
proposed regulations are neither inconsistent nor  
incompatible with existing state regulations. The  
proposed regulations only amend existing require -
ments for RDRS.
MANDATE ON STATE AGENCIES, LOCAL 
AGENCIES, OR SCHOOL DISTRICTS
CalRecycle has determined that the proposed reg -
ulations do not impose a mandate on state agencies, 
local agencies, or school districts.
FISCAL IMPACT
Costs or savings to any state agency
CalRecycle estimates that the proposed regulations 
will impose costs but not generate savings for the state. 
CalRecycle believes that these costs can be covered 
by normal operating expenses. These expenses may 
comprise a new Information Technology Associate 
position for one year ($164,667, including overhead).
Reimbursable costs to local agencies or school 
districts
The proposed regulations may impose a cost on  
local agencies that operate facilities subject to the 
regulations. However, CalRecycle concluded that the 
costs of the proposed regulations are not reimbursable 
by the state. Reimbursable costs are those that man -
date a new program or higher level of service. The 
proposed regulations do not mandate a new program 
or higher level of service, and the associated costs are 
not unique to local governments.Non–discretionary cost or savings imposed upon 
local agencies
As mentioned above, the proposed regulations will 
impose a cost on government–run facilities and oper -
ations. CalRecycle estimates that the total cost to such 
entities in the first, second, and third years of the reg -
ulations will be, respectively, $852,717, $836,276, and 
$836,276. The first year has a higher cost due to initial 
training required to understand the new regulations.
Costs or savings in Federal funding to the state
The proposed regulatory updates do not affect any 
federally funded State agency or program.
EFFECT ON HOUSING COSTS
CalRecycle has determined that the proposed regu -
lations will not significantly affect housing costs.
SIGNIFICANT STATEWIDE ADVERSE 
ECONOMIC IMPACT DIRECTLY 
AFFECTING BUSINESSES, INCLUDING 
ABILITY TO COMPETE
CalRecycle has determined that the action will not 
have a significant, statewide adverse economic impact 
directly affecting business, including the ability of 
California businesses to compete with businesses in 
other states. The average cost to businesses is expect -
ed to be $3,772 per year, which should not significantly 
affect California businesses. This result is discussed 
further in Appendix A to the Economic and Fiscal  
Impact Statement (STD 399).
STATEMENT OF THE RESULTS OF THE 
ECONOMIC IMPACT ASSESSMENT
CalRecycle determined that the proposed regulations  
do not constitute a major regulation according 
to Government Code section 11342.548. Thus,  
CalRecycle conducted an Economic Impact 
Assessment.
Creation or Elimination of Jobs
CalRecycle anticipates that the updated regulations 
will not significantly affect jobs within California. 
The economic analysis revealed that only approxi -
mately 70 new full–time positions would be necessary 
to satisfy the requirements of the regulations. Not all 
these positions may be created, since some businesses 
may satisfy the new requirements using existing staff. 
Regarding loss of jobs, since the new regulations are 
unlikely to cause business closure, the regulations will 
likely not eliminate positions within California.
Creation or Elimination of Businesses
The regulatory changes will neither create nor elim -
inate businesses. For business creation, the regulatory 
updates do not incentivize the creation of businesses. CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 4-Z
81
Rather, the changes alter and increase reporting for 
operations within the waste and recycling industries. 
Regarding the elimination of businesses, the estimated 
annual cost of the regulations for an average operation 
was $3,772. This cost is small enough that it should 
not cause any affected businesses to cease operations.
Expansion of Businesses
Other than facilities that hire more staff to meet the 
additional requirements that the updated regulations 
create, the new regulations should likely not expand 
existing businesses in California. The new regulations 
change data collection and reporting requirements for 
businesses. The regulations do not incentivize busi -
nesses to increase their operations, or require busi -
nesses to acquire, process, and transfer more materials.
Benefits of the Proposed Action
The proposed changes to the RDRS regulations will 
improve the state’s environment and the health and 
welfare of California residents. The updates will im -
prove the quality and increase the detail of data col -
lected within RDRS, particularly regarding the mate -
rial type of recycled or otherwise recovered materials, 
jurisdiction of origin for solid waste and exported 
mixed plastic, and source sector. These datasets will 
help the public evaluate products pursuant to the label -
ing requirements of SB 343, improve the information 
available to jurisdictions regarding their disposal and 
progress towards disposal mandates, and provide en -
hanced granularity of the source sector of solid waste. 
In combination, these datasets will also help CalRe -
cycle create strategies for reducing statewide dispos -
al and moving the state towards a circular economy. 
There are no anticipated benefits to worker safety.
DESCRIPTION OF COSTS THAT A 
REPRESENTATIVE PERSON  
OR BUSINESS WILL INCUR
The proposed regulations will require reporting  
entities to gather, transfer, and submit to CalRecycle  
disposal and recycling information, including the 
types, quantities, and destinations of materials that are 
disposed of, sold, or transferred inside or outside of 
the state. The cost impacts of the regulations will stem 
from the time needed for: 1) training on how to com -
ply with the regulations, 2) collecting the new data re -
quired by the regulations, 3) sharing new data among 
entities, and 4) reporting new data to CalRecycle  
within RDRS.
FINDING ON NECESSITY OF REPORTS
California Government Code section 11346.3(d) 
provides that regulations that require reporting  
behavior “shall not apply to businesses, unless the 
state agency...[finds] that it is necessary for the health, safety, or welfare of the people of the state.” While 
the proposed regulatory updates do address reporting 
requirements, the proposed regulations do not create 
these requirements. Rather, sections 41821.5(c) and 
42355.51(d)(1)(A) of the Public Resources Code cre -
ate the reporting requirements and direct CalRecycle 
to adopt regulations to implement them, including by 
prescribing the practices and procedures for creating 
a reporting system. Neither the existing regulations 
nor the proposed updates require additional reporting  
beyond what is reasonable and necessary to implement 
statutory requirements. Moreover, the proposed regu -
lations add specificity and detail, which will enable 
CalRecycle to fulfill its various statutory mandates as 
well as to create strategies to accomplish the state’s 
waste diversion and circular economy goals. Accord -
ingly, even if the proposed regulations constitute a 
reporting requirement pursuant to Government Code 
section 11346.3(d), they satisfy the requirement that 
they are necessary for the health, safety, and welfare 
of the people of the state.
EFFECT ON SMALL BUSINESS
CalRecycle has determined, pursuant to California 
Code of Regulations, title 1, section 4, that the pro -
posed regulatory action would affect small business -
es. However, the Department has also determined the 
proposed regulations will not have a significant, state -
wide adverse impact on small businesses and will not 
impede the ability of small businesses to compete in 
other states.
CONSIDERATION OF ALTERNATIVES
CalRecycle must determine that no reasonable  
alternative considered by CalRecycle, or that was  
otherwise identified and brought to the attention of 
CalRecycle, would be more effective in carrying out 
the purpose for which the action is proposed, would 
be as effective and less burdensome to affected private 
persons than the proposed action, or would be more 
cost–effective to affected private persons and equally 
effective in implementing the statutory policy or other 
provisions of law than the proposed action.
CONTACT PERSON
Inquiries or comments concerning the proposed 
rulemaking action may be addressed to:
Donnet McFarlane  
1001 I Street, MS–24B  
Sacramento, CA 95812  
Email: Regulations@calrecycle.ca.gov  
Telephone: (916) 327–0089
The backup contact person is:CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 4-Z
82Craig Castleton  
1001 I Street, MS–24B  
Sacramento, CA 95812  
Email: Regulations@calrecycle.ca.gov  
Telephone: (916) 327–0089
AVAILABILITY OF STATEMENT  
OF REASONS AND TEXT  
OF PROPOSED REGULATIONS
As of the date this notice is published in the Notice 
Register, the rulemaking file consists of this Notice, 
the proposed text of the regulation, the Initial State -
ment of Reasons, the Economic Impact Statement, the 
Fiscal Impact Statement, and the appendices to the  
impact statements. The rulemaking file and all infor -
mation that provides the basis for the proposed reg -
ulation will be available for inspection and copying 
throughout the rulemaking process at the following 
address: 1001 I Street, Sacramento, CA 95814.
AVAILABILITY OF CHANGED  
OR MODIFIED TEXT
CalRecycle may adopt the proposed regulations 
substantially as described in this Notice. If CalRecycle  
makes modifications that are sufficiently related to the 
originally proposed text pursuant to Government Code 
section 11346.8(c), it will make the modified text, with 
changes clearly indicated, available to the public for at 
least 15 days before CalRecycle adopts the regulations 
as revised. Requests for the modified text should be 
made to the contact persons named above. CalRecycle 
will transmit the modified text to anyone who testi -
fies at the public hearing, submits a written comment 
at the public hearing, provides a comment during the 
comments period, or otherwise requests to be notified. 
CalRecycle will accept written comments on the mod -
ified regulation for at least 15 days after the date on 
which they are made available.
FINAL STATEMENT OF REASONS
The Final Statement of Reasons will be available at 
1001 I Street and the rulemaking website, https://calre -
cycle.ca.gov/laws/rulemaking/rdrsupdates/ .
INTERNET ACCESS
For more timely access to the rulemaking file, and 
in the interest of waste prevention, interested parties 
are encouraged to access the Department’s Inter -
net webpage for the rulemaking at https://calrecycle.
ca.gov/laws/rulemaking/rdrsupdates/ . All rulemaking 
files can be downloaded directly from the website.TITLE 14.  FISH AND  
GAME COMMISSION
NOTICE IS HEREBY GIVEN  that the Fish and 
Game Commission (Commission), pursuant to the  
authority vested by sections 200, 203, 203.1, 265, 1050 
and 4902 of the Fish and Game Code and to imple -
ment, interpret or make specific sections 1050, 3950 
and 4902 of said Code, proposes to amend Section 
362, Title 14, California Code of Regulations, relating 
to Nelson bighorn sheep hunting.
INFORMATIVE DIGEST/POLICY 
STATEMENT OVERVIEW
Current regulations in Section 362 provide defini -
tions, hunting zone descriptions, season opening and 
closing dates, tag quotas (total number of hunting 
tags to be made available), and bag and possession 
limits for Nelson bighorn sheep hunting. Individuals 
are awarded a bighorn sheep hunting tag through the  
Department’s Big Game Drawing. A limited number 
of fundraising tags are also available for purchase, 
usually by auction, via non–governmental organiza -
tions that assist the Department with fundraising.
Harvest of a Nelson bighorn sheep is authorized 
for an individual with a tag for a respective hunt zone 
and season. Tag quotas are established based on a 
variety of factors including population density and 
abundance, age and sex composition, and distribution. 
The Department has identified the following areas in 
which bighorn sheep hunting opportunities need to be 
reduced.
The proposed changes to Section 362 includes 
amending subsection 362(d) to modify the hunt tag 
quota for the general lottery in the Marble and Clip -
per Mountains Hunt Zone 1 and a pertinent fundrais -
ing tag. Currently, the Marble and Clipper Mountains 
public tag quota is 5 tags, and 1 for the Marble, Clip -
per, and South Bristol Mountains Fundraising tag. For 
2023, the proposed tag allocation for the Marble and 
Clipper Mountains is [0–5] tags for the public tag quo -
ta, and [0–1] rams for the Marble, Clipper, and South 
Bristol Mountains Fundraising Tag.
The Marble and Clipper Mountains populations have 
been subject to extreme drought, low recruitment, and 
respiratory disease in recent years, and the most recent 
population estimates suggest a decline. Specifically, 
the Department’s 2022 population estimate from the 
summer of 2022 was only 25 to 83 adult male sheep 
such that the mature (2–yrs+) population available for 
hunting could be less than 25 rams. Therefore, the cur -
rent tag quota of 5 tags may exceed the 15% thresh -
old. Furthermore, annual surveys during 2015–2022 
indicated between 0 and 0.18 lambs per ewe survived 
from the previous year to be counted as yearlings