reglab/statecodes huggingface dataset:
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 4 - Resource Conservation Programs › Article 1.1 - Recycling Market Development Revolving Loan Program › Section 17935.3 - Process for Preliminary Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Upon receipt, Board staff shall review each application to
					 determine whether the Applicant and/or Applicant's project is eligible for a
					 loan, pursuant to Section
					 17932 of this Article, and whether
					 the application is complete, pursuant to Section
					 17935.1 of this Article. Within 10
					 working days of receiving the application, the Board staff shall do one of the
					 following:
(a) Send a letter to the
				  Applicant indicating that the application is incomplete, or that the Applicant
				  and/or Applicant's project is ineligible for a loan, and specifying the steps,
				  if any, which the Applicant may take to correct identified deficiencies;
				  or
(b) Notify the Applicant by
				  letter that the Applicant and/or Applicant's project is eligible for a loan,
				  and that the application is complete and shall be evaluated by the Board
				  staff.
1. New
					 section filed 11-24-92; operative 11-24-92 pursuant to Government Code section
					 11346.2(d)
					 (Register 92, No. 48).
2. Change without regulatory effect amending
					 NOTE filed 7-8-94 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 94, No. 27).
3. Amendment filed 4-8-98;
					 operative 5-8-98 (Register 98, No. 15).
4. New subsection (b) and
					 amendment of NOTE filed 10-18-2005; operative 11-17-2005 (Register 2005, No.
					 42).
Note: Authority cited: Section
						40502,
						Public Resources Code. Reference: Section
						42023.4,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 4 - Resource Conservation Programs › Article 1.1 - Recycling Market Development Revolving Loan Program › Section 17935.4 - Process for Board Staff Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Board staff shall prepare an analysis
				  of each application. Applications which meet the following criteria shall be
				  recommended for approval to the Loan Committee, on a first come, first served
				  basis:
(1) The Applicant is found
				  creditworthy, and
(2) The
				  collateral and the source of repayment are appropriate for the requested loan
				  amount; and
(3) The Applicant has
				  adequately demonstrated the appropriateness of the loan for use in the project
				  as specified in Section
				  17935.1 of this
				  Article.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 4 - Resource Conservation Programs › Article 1.1 - Recycling Market Development Revolving Loan Program › Section 17935.5 - Establishment of the Loan Committee

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A Loan Committee is hereby established to
				  assist the Board in meeting the goals of the Program.
(b) The Loan Committee shall be composed of
				  not more than nine individuals appointed by the Board.
(c) The Loan Committee shall be comprised of
				  a balanced cross-section of individuals from the commercial lending community,
				  both public and private sectors, from throughout the state who demonstrate
				  expertise in financial analysis and credit evaluation.
(d) Members of the Loan Committee shall each
				  be appointed to a three-year term, except that the newly added members terms
				  may be adjusted so that a staggered schedule of terms is established where not
				  more than four members terms shall expire during any single calendar
				  year.
(e) Vacancies shall be filled
				  using the same procedures as used for the initial appointments, and shall be
				  filled for the remaining portion of the respective terms.
1. New
					 section filed 11-24-92; operative 11-24-92 pursuant to Government Code section
					 11346.2(d)
					 (Register 92, No. 48).
2. Change without regulatory effect amending
					 NOTE filed 7-8-94 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 94, No. 27).
3. Repealer and new section
					 heading and section filed 9-15-97; operative 9-15-97 pursuant to Government
					 Code section
					 11343.4(d)
					 (Register 97, No. 38).
4. Amendment of NOTE filed 10-18-2005;
					 operative 11-17-2005 (Register 2005, No. 42).
Note: Authority cited: Section
						40502,
						Public Resources Code. Reference: Section
						42023.4,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 4 - Resource Conservation Programs › Article 1.1 - Recycling Market Development Revolving Loan Program › Section 17935.55 - Process for Loan Committee Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Loan Committee shall meet monthly or
				  as needed.
(b) The Loan Committee
				  shall evaluate the staff analysis of loan requests presented by Board staff
				  pursuant to the Review Process of section
				  17935.4 of this Article.
(c) The Loan Committee shall recommend
				  applications for approval based only on their financial soundness and their
				  ability to meet the underwriting criteria as described in Section
				  17935.4(a) of
				  this Article.
(d) The Loan
				  Committee may advise the Board as requested on other aspects of the loan
				  program.
1. New
					 section filed 4-8-98; operative 5-8-98 (Register 98, No. 15).
2.
					 Amendment of NOTE filed 10-18-2005; operative 11-17-2005 (Register 2005, No.
					 42).
Note: Authority cited: Section
						40502,
						Public Resources Code. Reference: Section
						42023.4,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 4 - Resource Conservation Programs › Article 1.1 - Recycling Market Development Revolving Loan Program › Section 17935.6 - Board Approval

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If
				  the Board approves a loan, the Applicant and the Board shall enter into a Loan
				  Agreement pursuant to the terms specified in Section
				  17935.2 of this Article. Funds
				  shall be disbursed according to the terms of the Loan Agreement.
(b) The Board's loan committee shall be in
				  effect for a period of 90 days following Board approval. The loan commitment
				  may be extended, for cause, for an additional 90 days. Extension of the loan
				  commitment beyond the second 90 day period shall occur only if agreed to by
				  both the Board and the Applicant.
1. New
					 section filed 11-24-92; operative 11-24-92 pursuant to Government Code section
					 11346.2(d)
					 (Register 92, No. 48).
2. Change without regulatory effect amending
					 NOTE filed 7-8-94 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 94, No. 27).
3. Repealer of subsection (a),
					 subsection relettering, repealer of subsection (c), and new subsection (b)
					 filed 4-8-98; operative 5-8-98 (Register 98, No. 15).
4. Amendment
					 of NOTE filed 10-18-2005; operative 11-17-2005 (Register 2005, No.
					 42).
Note: Authority cited: Section
						40502,
						Public Resources Code. Reference: Section
						42023.4,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 4 - Resource Conservation Programs › Article 1.1 - Recycling Market Development Revolving Loan Program › Section 17936 - Auditing of Expenditures of Loan Proceeds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Board, or the Department of Finance, may audit the
					 expenditure of the proceeds of any loan made pursuant to this
					 Article.
1. New
					 section filed 11-24-92; operative 11-24-92 pursuant to Government Code section
					 11346.2(d)
					 (Register 92, No. 48). For prior history, see Register 91, No.
					 14.
2. Change without regulatory effect amending NOTE filed 7-8-94
					 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 94, No. 27).
3. Amendment of NOTE filed
					 9-15-97; operative 9-15-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 38).
4. Amendment of NOTE filed 10-18-2005;
					 operative 11-17-2005 (Register 2005, No. 42).
Note: Authority cited: Section
						40502,
						Public Resources Code. Reference: Section
						42024,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 4 - Resource Conservation Programs › Article 1.1 - Recycling Market Development Revolving Loan Program › Section 17937 - Coordination with the County. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
					 without regulatory effect repealing section filed 3-4-91 pursuant to section
					 100, title 1, California Code of
					 Regulations; operative 3-4-91 (Register 91, No.
					 14).
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 4 - Resource Conservation Programs › Article 1.1 - Recycling Market Development Revolving Loan Program › Section 17938 - Determination of Findings by the Board. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
					 without regulatory effect repealing section filed 3-4-91 pursuant to section
					 100, title 1, California Code of
					 Regulations; operative 3-4-91 (Register 91, No.
					 14).
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 4 - Resource Conservation Programs › Article 1.1 - Recycling Market Development Revolving Loan Program › Section 17939 - Determination of Non-Conformance. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
					 without regulatory effect repealing section filed 3-4-91 pursuant to section
					 100, title 1, California Code of
					 Regulations; operative 3-4-91 (Register 91, No.
					 14).
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 4 - Resource Conservation Programs › Article 1.2 - Leveraging the Recycling Market Development Zone Revolving Loan Fund › Section 17939.1 - Purpose of Leveraging the Revolving Loan Fund

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The purpose of leveraging Board funds in the Recycling
					 Market Development Revolving Loan Subaccount (Subaccount) is to increase the
					 funding for loans to recycling-based businesses and to promote the long-term
					 sustainability of the Recycling Market Development Revolving Loan Program.
					 Subaccount funds will be used to stimulate more lending by private banks,
					 public institutions and non-profit organizations than the Board could make on
					 its own to recycling-based businesses.
1. New
					 article 1.2 (sections
					 17939.1-17939.5) and section filed
					 10-18-2005; operative 11-17-2005 (Register 2005, No.
					 42).
Note: Authority cited: Section
						40502,
						Public Resources Code. Reference: Sections
						42023.1,
						42023.6
						and
						42024,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 4 - Resource Conservation Programs › Article 1.2 - Leveraging the Recycling Market Development Zone Revolving Loan Fund › Section 17939.2 - Definition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Leverage" and "leveraging" means the expenditure, lending,
					 investment or other uses of funds from the Recycling Market Development
					 Revolving Loan Program Subaccount (Public Resources Code Section
					 42023.1)
					 in a manner that generates or facilitates the generation of financial capital
					 that is made available as loans to borrowers eligible for loans under the
					 Board's Recycling Market Development Revolving Loan Program as described in
					 Article 1.1 of this Chapter. Leveraging programs increase the number and value
					 of loans for specified purposes beyond that which the Board, acting alone,
					 could make. Typical examples of leveraging include, without limitation, pooling
					 funds by multiple entities under specified arrangements to create a greater
					 supply of loan capital for eligible borrowers, loan guarantee programs where an
					 entity guarantees all or a portion of an eligible loan, and insurance where an
					 entity assures that a loan will be repaid in a timely manner.
1. New
					 section filed 10-18-2005; operative 11-17-2005 (Register 2005, No.
					 42).
Note: Authority cited: Section
						40502,
						Public Resources Code. Reference: Sections
						40506.1,
						42023.1,
						42023.6
						and
						42024,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 4 - Resource Conservation Programs › Article 1.2 - Leveraging the Recycling Market Development Zone Revolving Loan Fund › Section 17939.3 - Types of Leveraging Entities and Programs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The types of leveraging programs in which the Board may
					 participate, and financing entities with which the Board may contract, include
					 but are not limited to:
(a) The
				  Capital Access Program, that provides loan default insurance as a credit
				  enhancement, pursuant to Public Resources Code 42023.6.
(b) The State Small Business Loan Guarantee
				  program, that provides a state guarantee to entice bank and non-bank entities
				  to lend to California small businesses, pursuant to California Corporations
				  Code section
				  14000 et
				  seq.
(c) Financial Development
				  Corporations (FDC) that issue state loan guarantees, pursuant to California
				  Corporations Code section
				  14000 et
				  seq.
(d) Community Development
				  Entities (CDE) for access to the New Markets Tax Credit (NMTC) program,
				  pursuant to Title 1, Subtitle C, Section
				  121 of the Community Renewal Tax
				  Relief Act of 2000.
(e) Community
				  Development Financial Institutions (CDFI) for access to the Equity Equivalent
				  Investment (EEI) and Program-Related Investment (PRI) programs, pursuant to
				  Title 12, Chapter 47, Subchapter 1, Section
				  4701 et seq. of the United States
				  Code.
1. New
					 section filed 10-18-2005; operative 11-17-2005 (Register 2005, No.
					 42).
Note: Authority cited: Section
						40502,
						Public Resources Code. Reference: Sections
						42023.1,
						42023.6
						and
						42024,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 4 - Resource Conservation Programs › Article 1.2 - Leveraging the Recycling Market Development Zone Revolving Loan Fund › Section 17939.4 - Leveraging Activities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Board may initiate, coordinate or participate in
					 activities, either directly or indirectly, in partnership with public,
					 non-profit or private entities, or by itself, that leverage Recycling Market
					 Development Revolving Loan Program Subaccount (Subaccount) funds. The
					 leveraging of Subaccount funds may include, but is not limited to, the transfer
					 and/or encumbrance of Subaccount funds for leveraging; the establishment of
					 trust accounts for the receipt, retention and expenditure of funds designated
					 for leveraging; the pooling of Subaccount funds with other individual or
					 multiple entities under specified arrangements; the use of Subaccount funds in
					 support of loan guarantee programs, where an entity guarantees all or a portion
					 of an eligible loan, or as insurance where an entity assures that a loan will
					 be repaid in a timely manner; the use of Subaccount funds for grants or loans
					 to public, private or non-profit organizations to implement leveraging
					 programs; and the acceptance of funds from investors and
					 institutions.
1. New
					 section filed 10-18-2005; operative 11-17-2005 (Register 2005, No.
					 42).
Note: Authority cited: Section
						40502,
						Public Resources Code. Reference: Sections
						42023.1,
						42023.6
						and
						42024,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 4 - Resource Conservation Programs › Article 1.2 - Leveraging the Recycling Market Development Zone Revolving Loan Fund › Section 17939.5 - Loan Sale

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Board may sell loans, either in bulk quantity or individually; in whole or in
				  part; on a recourse or non-recourse basis; on an advance commitment, forward,
				  or participation basis; and may retain or relinquish the servicing
				  rights;
(b) the Board shall not
				  sell its loans if the loan sale results in more than a twenty-five percent
				  (25%) discount of the principal amount, excluding any expenses or reserves
				  required as a condition of the loan sale; and
(c) all proceeds received from the sale of
				  loans shall be deposited into the Recycling Market Development Revolving Loan
				  Program Subaccount.
1. New
					 section filed 10-18-2005; operative 11-17-2005 (Register 2005, No.
					 42).
Note: Authority cited: Section
						40502,
						Public Resources Code. Reference: Section
						40506.1,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 4 - Resource Conservation Programs › Article 2 - Recycling Investment Tax Credit Program [Repealed] › Section 17940 - Regulatory Effect of Questions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section 40502, Public Resources
						Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 4 - Resource Conservation Programs › Article 2 - Recycling Investment Tax Credit Program [Repealed] › Section 17941 - Recycling Investment Tax Credit Program

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section 40502, Public Resources
						Code; and Sections 17052.14 and 23612.5, Revenue and Taxation Code. Reference:
						Sections 17052.14 and 23612.5, Revenue and Taxation
						Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 4 - Resource Conservation Programs › Article 3 - Rigid Plastic Packaging Container Program › Section 17942 - Regulatory Effect of Questions and Answers; Effective Dates. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 article 3 (sections
					 17942-17949) and section filed
					 11-4-94; operative 12-5-94 (Register 94, No. 44).
2. Repealer filed
					 6-28-2012; operative 1-1-2013 (Register 2012, No.
					 26).
Note: Authority cited: Sections
						40502
						and
						42325,
						Public Resources Code. Reference: Section
						42300 et seq., Public Resources
						Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 4 - Resource Conservation Programs › Article 3 - Rigid Plastic Packaging Container Program › Section 17944 - Container Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) On or after January 1, 1995, all rigid
				  plastic packaging containers, except a rigid plastic packaging container that
				  is exempt under Section
				  17946.5 of this Article, sold or
				  offered for sale in California must meet one of the following criteria:
(1) Be made from at least 25 percent
				  postconsumer material and remain in compliance with applicable state and
				  federal regulations, including those adopted by the United States Food and Drug
				  Administration. If it is technologically infeasible for a rigid plastic
				  packaging container to meet this requirement, such a container must comply with
				  another compliance option within this section.
(2) Be recycled at a 45 percent recycling
				  rate if a product-associated rigid plastic packaging container, particular-type
				  rigid plastic packaging container, or a single resin type rigid plastic
				  packaging container.
(3) Be a
				  reusable rigid plastic packaging container or a refillable rigid plastic
				  packaging container.
(4) Be a
				  source reduced rigid plastic packaging container.
(5) Be a rigid plastic packaging container
				  which contains floral preservative and is subsequently reused by the floral
				  industry for at least two years. This compliance option is only available for
				  rigid plastic packaging containers used by the floral industry in California.
				  Similar rigid plastic packaging containers sold to nurseries, landscapers,
				  retail stores, and other outlets that are not wholesale or retail flower
				  sellers or growers do not qualify for this compliance
				  option.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 4 - Resource Conservation Programs › Article 3 - Rigid Plastic Packaging Container Program › Section 17944.1 - Alternative Container Compliance Method

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Notwithstanding the requirements of
				  Section 17944, a product manufacturer
				  shall be in compliance with the requirements of this Article if it demonstrates
				  through its own actions, or the actions of another company under the same
				  corporate ownership, that one of the following actions was taken during the
				  same measurement period:
(1) The product
				  manufacturer, or another company under the same corporate ownership, consumed
				  postconsumer material generated in California in the manufacture of a rigid
				  plastic packaging container subject to the requirements of Public Resources
				  Code Section
				  42310,
				  or a rigid plastic packaging container or other plastic products or plastic
				  packaging that is not subject to that section and that is equivalent to, or
				  exceeds the postconsumer material that the rigid plastic packaging container is
				  otherwise required to contain, as specified in Public Resources Code Section
				  42310(a).
(2) The product manufacturer arranged by
				  contractual agreement with any company under the same corporate ownership for
				  the purchase and consumption of postconsumer material generated in California
				  and exported to another state for the manufacture of rigid plastic packaging
				  containers subject to Public Resources Code Section
				  42310,
				  or a rigid plastic packaging container or other plastic product or plastic
				  packaging that is not subject to Public Resources Code Section
				  42310
				  that is equivalent to, or exceeds the postconsumer material that the rigid
				  plastic packaging container is otherwise required to contain, as specified in
				  Public Resources Code Section
				  42310(a).
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 4 - Resource Conservation Programs › Article 3 - Rigid Plastic Packaging Container Program › Section 17944.2 - How Will Waivers be Granted? [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 11-4-94; operative 12-5-94 (Register 94, No. 44).
2.
					 Change without regulatory effect repealing subsections (a)(3), (a)(6) and
					 (b)(4) filed 3-24-97 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 97, No. 13).
3. Change without regulatory
					 effect renumbering former subsections (a)(4)-(5) to (a)(3)-(4) after repeal of
					 former subsection (a)(3) in prior action filed 3-28-97;
effective
					 4-23-97 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 97, No. 13).
4. Editorial correction of
					 HISTORY 3 (Register 97, No. 17).
5. Repealer filed 6-28-2012;
					 operative 1-1-2013 (Register 2012, No. 26).
Note: Authority cited: Sections
						40502
						and
						42325,
						Public Resources Code. Reference: Sections
						42310,
						42310.1,
						42326
						and
						42330,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 4 - Resource Conservation Programs › Article 3 - Rigid Plastic Packaging Container Program › Section 17944.5 - Exempt Rigid Plastic Packaging Containers. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 11-4-94; operative 12-5-94 (Register 94, No. 44).
2.
					 Change without regulatory effect amending subsection (a)(4) filed 3-18-96
					 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 96, No. 12).
3. Change without regulatory
					 effect amending subsection (a)(2) filed 3-24-97 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 97, No. 13).
4. Repealer filed 6-28-2012;
					 operative 1-1-2013 (Register 2012, No. 26).
Note: Authority cited: Sections
						40502
						and
						42325,
						Public Resources Code. Reference: Sections
						42310,
						42326
						and
						42340,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 4 - Resource Conservation Programs › Article 3 - Rigid Plastic Packaging Container Program › Section 17945 - Who Must Comply with these Regulations? [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 11-4-94; operative 12-5-94 (Register 94, No. 44).
2.
					 Repealer filed 6-28-2012; operative 1-1-2013 (Register 2012, No.
					 26).
Note: Authority cited: Sections
						40502
						and
						42325,
						Public Resources Code. Reference: Sections
						42301
						and
						42325,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 4 - Resource Conservation Programs › Article 3 - Rigid Plastic Packaging Container Program › Section 17945.1 - Pre-Certification Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Identification of Companies That May Be Subject to Certification.
Upon the discovery of a product manufacturer that has been
					 newly identified as selling or offering for sale products held in rigid plastic
					 packaging containers into California, the Department shall notify the product
					 manufacturer that it appears to be subject to the requirements of Section
					 17944 of this Article, and has
					 been added to the group of companies which may be required to certify
					 compliance with this Article. Within 90 calendar days of notification from the
					 Department, the product manufacturer shall submit the following
					 information:
(1) The designated
				  contact's name and title;
(2)
				  Contact phone number(s), fax number(s) and e-mail address(es);
(3) Mailing address(es) and web address (if
				  available); and
(4) If applicable,
				  any information the product manufacturer believes will demonstrate that the
				  product manufacturer does not sell its product(s) within rigid plastic
				  packaging containers in California, as defined in Public Resources Code Section
				  42301(f),
				  and thus is not subject to this Article.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 4 - Resource Conservation Programs › Article 3 - Rigid Plastic Packaging Container Program › Section 17945.2 - Compliance Certifications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Product manufacturers, upon written
				  notification from the Department, are required to certify to the Department
				  that all of the rigid plastic packaging containers holding their products sold
				  or offered for sale in California comply with the rigid plastic packaging
				  container requirements, pursuant to Public Resources Code Section
				  42310
				  or
				  42310.3.
				  Product manufacturers shall submit the information described in Section
				  17945.3 in their
				  certifications.
(b) Container
				  manufacturers' certifications provided to product manufacturers shall include
				  the information described in Section
				  17945.4.
(c) A product manufacturer's completed
				  certification, including any applicable container manufacturer certifications,
				  must be postmarked or sent electronically no later than April 1 of the calendar
				  year immediately following the measurement period.
(d) Prior to the end of the measurement
				  period, a product manufacturer may request an extension for submittal of its
				  certification of up to 30 calendar days for cause. An extension may be granted
				  by the Department only if the product manufacturer provides documentary
				  evidence to justify an extension based on criteria such as corporate
				  acquisitions, corporate reorganizations, difficulty obtaining container
				  information, or catastrophic acts of God, or other criteria deemed acceptable
				  upon the Department's evaluation.
(e) If the Department receives a
				  certification that, upon review, does not include all of the information
				  required by this Article, the Department will notify the product manufacturer
				  and state what additional information or documentation is required. The product
				  manufacturer will then have 30 calendar days after receipt of the notice to
				  provide the required information or documentation. One 30-calendar day
				  extension may be granted for cause by the Department upon request.
(f) At any time, the Department may request
				  information from a product manufacturer outside of any notice of incomplete
				  certification. In such cases, the Department shall mail a written request, and
				  the product manufacturer shall have 60 calendar days following the date of
				  receipt of the request to supply the information.
1.
					 Renumbering of former section
					 17946, subsections (a) through
					 (h)(6) to new section
					 17945.2, including amendment of
					 section heading, section and NOTE, filed 6-28-2012; operative 1-1-2013
					 (Register 2012, No. 26).
Note: Authority cited: Sections
						40502
						and
						42325,
						Public Resources Code. Reference: Sections
						42310,
						42310.3,
						42325
						and
						42340,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 4 - Resource Conservation Programs › Article 3 - Rigid Plastic Packaging Container Program › Section 17945.3 - Product Manufacturer Certification Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When notified by the Department to
				  certify compliance, a product manufacturer shall include in its certification
				  the information listed in subsections (b) through (d), and if applicable, (e),
				  of this Section.
(b) General
				  Product Manufacturer Information
(1) The
				  product manufacturer's name, mailing address, web address (if available),
				  e-mail and telephone number(s), and the name and title of the person
				  responsible for supplying the required information.
(2) A statement of product manufacturer
				  compliance including whether the product manufacturer sold or offered for sale
				  products held in rigid plastic packaging containers into California, and
				  whether some or all of the products were approved for a waiver pursuant to
				  Section 17946, and whether some or all of
				  the containers qualified for an exemption pursuant to Section
				  17946.5.
(3) If the product manufacturer is a
				  corporation, the certification must be signed under penalty of perjury by the
				  president or other head of the corporation, a vice president, a secretary or
				  assistant secretary, a treasurer, a general manager, or other such person
				  authorized by the corporation to accept service of process. If the product
				  manufacturer is a partnership or sole proprietorship, the certification must be
				  signed by a general partner or the sole proprietor. The certification shall
				  include the following statement, the title of the signatory and the date of
				  signature.
"I certify under penalty of perjury under the laws of the
					 State of California that to the best of my knowledge and belief the foregoing
					 information and all supporting data provided is accurate, true and
					 complete."
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 4 - Resource Conservation Programs › Article 3 - Rigid Plastic Packaging Container Program › Section 17945.4 - Container Manufacturer Certification Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Container manufacturers shall provide to
				  the product manufacturers, at a minimum, the following information:
(1) The container manufacturer's name,
				  mailing address, web address (if available), e-mail and telephone number, and
				  the name and title of the person responsible for supplying the required
				  information;
(2) The name, address,
				  e-mail and telephone number of the product manufacturer at whose request the
				  container manufacturer is completing the certification and the name and title
				  of the person representing the product manufacturer that requested completion
				  of a container manufacturer certification;
(3) To document postconsumer material
				  content, a statement of the following:
(A)
				  The type (i.e., jar, bottle, clamshell, etc.) and volume (or equivalent
				  capacity) of each rigid plastic packaging container;
(B) The total weight, in grams, of each rigid
				  plastic packaging container;
(C)
				  The weight, in grams, of postconsumer material used to manufacture each
				  specified rigid plastic packaging container;
(D) The percentage of postconsumer material
				  used in each rigid plastic packaging container; and
(E) If the postconsumer material used
				  includes such material as defined in Section
				  17943(q)(1) and
				  (2), the documentation shall contain, at a
				  minimum, the following:
1. Contact
				  information for the supplier(s) of the plastic(s) (name, address, phone number,
				  e-mail).
2. Total weight, in grams,
				  of the plastic(s) received.
3.
				  Date(s) of receipt of the plastic(s).
4. Description of the material being claimed
				  as postconsumer, including but not limited to:
a. The type of plastic resin.
b. The form in which the material was
				  received (e.g., baled, flaked).
c.
				  A description of the plastic material, such as product bar codes, Stock Keeping
				  Unit (SKU), or other information that verifies that the plastic was made up of
				  obsolete or unsold rigid plastic packaging containers and/or rejected finished
				  plastic packaging.
(4) To document source reduction that was
				  achieved by a reduction in rigid plastic packaging container weight, a
				  statement of the following:
(A) The type and
				  volume of each rigid plastic packaging container;
(B) The weight in grams of each type and
				  volume of rigid plastic packaging container before and after source reduction
				  occurred; and
(C) The date (e.g.,
				  month/year) of the source reduction.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 4 - Resource Conservation Programs › Article 3 - Rigid Plastic Packaging Container Program › Section 17945.5 - Compliance Calculation and Formulas

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The product manufacturer shall use the
				  following formulas to calculate its claim of compliance. The calculation shall
				  be carried out to two decimal places. Unless otherwise noted, all weights
				  should be in grams and all calculations should be by container line.
(b) Postconsumer Material Content Compliance
For rigid plastic packaging containers for which compliance
					 is claimed through the use of postconsumer material (PCM) content pursuant to
					 Section 17944(a)(1), use
					 the following formulas:
(1) For a
				  single rigid plastic packaging container line:
Click
					 here to view image
where:
WPCM = the weight of postconsumer
					 material in each rigid plastic packaging container
WRPPC = the total weight of each
					 rigid plastic packaging container
(2) For averaging multiple rigid plastic
				  packaging container lines:
Click
					 here to view image
where:
WPCM = the weight of postconsumer
					 material in each rigid plastic packaging container
WRPPC = the total weight of each
					 rigid plastic packaging container
n = the number of container lines being
					 averaged
(3) To comply under
				  this option, the postconsumer material content must be equal to or greater than
				  25.00 percent.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 4 - Resource Conservation Programs › Article 3 - Rigid Plastic Packaging Container Program › Section 17946 - Waivers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In accordance
				  with Public Resources Code Section
				  42330(c),
				  the Department shall grant a waiver from rigid plastic packaging container
				  compliance under Section
				  17944 for a newly introduced
				  product sold in California, upon petition by a product manufacturer pursuant to
				  subsection (c) of this Section.
(b)
				  Such waivers from compliance with Section
				  17944 shall be valid for 12 months
				  from the date on which the newly introduced product is first sold or offered
				  for sale in California.
(c)
				  Petition for Waiver
To receive a waiver, a product manufacturer shall petition
					 the Department as part of the compliance certification process. Within 90
					 calendar days of receipt of notice that it has been selected for certification
					 (per Section
					 17945.1(d)), or
					 by the end of the certification period for newly introduced containers not
					 known within 90 calendar days of the notice, the product manufacturer shall
					 submit to the Department a written petition that includes the following
					 information:
(1) The newly introduced
				  product for which the waiver is being requested;
(2) The name, mailing address, e-mail, and
				  telephone number of the contact person to whom the Department shall direct
				  future communications relating to the petition;
(3) Documentation and supporting evidence
				  demonstrating the date the product was or will be first sold or offered for
				  sale in California during the measurement period.
(4) Documentation demonstrating the product
				  conforms to the "newly introduced product" definition;
(5) The documentation must be submitted under
				  penalty of perjury, and include the following statement, the title of the
				  signatory and the date of signature: "I certify under penalty of perjury under
				  the laws of the State of California that to the best of my knowledge and belief
				  the foregoing information and all supporting data provided is accurate, true
				  and complete."
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 4 - Resource Conservation Programs › Article 3 - Rigid Plastic Packaging Container Program › Section 17946.5 - Exempt Rigid Plastic Packaging Containers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Pursuant to Public Resources Code Section
				  42340,
				  the following rigid plastic packaging containers are exempt from the
				  requirements of this Article.
(1) Rigid
				  plastic packaging containers produced in or out of California which are
				  destined for shipment to other destinations outside the state and which remain
				  with the products during that shipment. "Destined for shipment to other
				  destinations outside the state" means that the sale of the rigid plastic
				  packaging container to the final end user occurs outside California.
(2) Rigid plastic packaging containers that
				  contain drugs, medical devices, cosmetics, food, medical food, or infant
				  formula as defined in the federal Food, Drug and Cosmetic Act (21 U.S.C.
				  301 et seq.).
(3) Rigid plastic packaging containers that
				  contain toxic or hazardous products regulated by the federal Insecticide,
				  Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.).
(4) Rigid plastic packaging containers that
				  are manufactured for use in the shipment of hazardous materials and are
				  prohibited from being manufactured with used material by federal packaging
				  material specifications and testing standards set forth in Section
				  178.509 and
				  178.522 of Title 49 of the Code of
				  Federal Regulations, or are subject to testing standards set forth in Sections
				  178.600 to
				  178.609, inclusive, of Title 49 of
				  the Code of Federal Regulations, or to which recommendations of the United
				  Nations on the transport of dangerous goods are applicable.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 4 - Resource Conservation Programs › Article 3 - Rigid Plastic Packaging Container Program › Section 17947 - Auditing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Department,
				  or its agent, may audit product manufacturer compliance certifications. The
				  Department, or its agent, may ask for supporting documentation as described in
				  Sections 17945.2 and
				  17945.3 of this Article.
(b) To obtain documentation, the Department
				  or its agent shall send a written request. The recipient of a request for
				  documentation shall have 60 calendar days following the confirmed date of
				  delivery of the request to supply the documentation.
(c) Failure to provide the requested
				  information in accordance with this Article may result in violations and
				  penalties as set forth in Section
				  17949 of this Article.
1. New
					 section filed 11-4-94; operative 12-5-94 (Register 94, No. 44).
2.
					 Amendment filed 6-28-2012; operative 1-1-2013 (Register 2012, No.
					 26).
Note: Authority cited: Sections
						40502
						and
						42325,
						Public Resources Code. Reference: Sections
						42320
						and
						42321,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 4 - Resource Conservation Programs › Article 3 - Rigid Plastic Packaging Container Program › Section 17948 - Proprietary, Confidential, or Trade Secret Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The public disclosure of records supplied to the Department
					 pursuant to this Article that are, at the time of submission, claimed to be
					 proprietary, confidential, or trade secret shall be subject to the disclosure
					 provisions in Title 14, California Code of Regulations, Division 7, Chapter 1,
					 Article 4 (commencing with Section
					 17041).
1. New
					 section filed 11-4-94; operative 12-5-94 (Register 94, No. 44).
2.
					 Change without regulatory effect amending section heading, repealing
					 subsections (a)-(h)(2), relettering subsections, and amending newly designated
					 subsection (a)(1) filed 3-24-97 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 97, No. 13).
3. Amendment of section heading
					 and repealer and new section filed 6-28-2012; operative 1-1-2013 (Register
					 2012, No. 26).
Note: Authority cited: Section
						6253,
						Government Code. Sections
						40502
						and
						42325,
						Public Resources Code. Reference: Sections
						6250 et seq., Government Code.
						Sections
						40062
						and
						42323,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 4 - Resource Conservation Programs › Article 3 - Rigid Plastic Packaging Container Program › Section 17948.1 - Retention of Records

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  For all rigid plastic packaging container compliance options other than source
				  reduction used by a product manufacturer, all documentation supporting any
				  compliance claim shall be retained by the product manufacturer and available at
				  the request of the Department for at least three (3) years following the end of
				  the measurement period.
(b) For
				  source reduction compliance claims, supporting documentation demonstrating the
				  specifications of the original non-source reduced rigid plastic packaging
				  container shall be retained by the product manufacturer and available at the
				  request of the Department for any and all years the product manufacturer
				  intends to claim compliance with this Article through source reduction for that
				  specific rigid plastic packaging container and at least three (3) years
				  thereafter.
(c) For all container
				  manufacturer certifications, the supporting documentation shall be retained by
				  the container manufacturer and available at the request of the product
				  manufacturer for at least three (3) years following the end of the measurement
				  period.
1. New
					 section filed 6-28-2012; operative 1-1-2013 (Register 2012, No.
					 26).
Note: Authority cited: Sections
						40502
						and
						42325,
						Public Resources Code. Reference: Sections
						42320
						and
						42325,
						Public Resources Code.