California Code of Regulations
Title 14 - Natural Resources
Division 7 - Department of Resources Recycling and Recovery
Chapter 8.2 - Electronic Waste Recovery and Recycling
Article 2.0 - Electronic Waste Payment System - Applicability and Limitations, Document Submittals, Records, Audits and Net Cost Report
Section 18660.10 - Net Cost Report

Universal Citation: 14 CA Code of Regs 18660.10

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) To adjust the Standard Statewide Recovery Payment Rate and the Standard Statewide Combined Recovery and Recycling Payment Rates, establish future payment schedules and adjust the consumer fees, CalRecycle shall periodically update information concerning the net costs of CEW recovery and CEW recycling.

(b) An approved collector or an approved recycler shall maintain records and provide information for use by CalRecycle in the update on their actual net costs to operate.

(c) An approved collector or an approved recycler shall use the following allowable revenues and costs for use in the calculation of net costs:

(1) Revenues in relation to CEW recovery or recycling, other than the payments required pursuant to this Chapter, including but not limited to:

(A) Up-front revenues received, such as from fees charged.

(B) Treatment residual revenues, such as from commodity values.

(2) Costs in relation to CEW recovery or recycling including, but not limited to:

(A) The actual costs of receiving, handling, processing, storing, transferring and transporting CEWs.

(B) The actual costs of canceling CEWs.

(D) Property taxes.

(E) Depreciation.

(F) Utilities.

(G) Supplies.

(H) Fuel.

(I) Insurance.

(J) Interest.

(K) General overhead.

(L) Facilities and equipment rent or lease.

(M) Maintenance.

(N) Transportation.

(O) Handling costs.

(P) Disposition costs.

(Q) A reasonable rate of profit or return on investment.

(R) Marketing, promotion and public education.

(d) An approved collector or approved recycler shall submit to CalRecycle a report on the net costs of recovering CEW or separately recycling CRT CEW and non-CRT CEW for the prior calendar year. The report shall include:

(1) An annualized summary of the revenues, costs, and net cost (costs minus revenues) of CEW recovery or CEW recycling based on the records maintained pursuant to Sections 18660.20(j)(3) and 18660.21 (l)(5) of this Chapter.

(2) Name, identification number and mailing address.

(3) The name and phone number of a contact person for purposes of the report.

(4) The reporting year and date of preparation of the report.

(5) The total annualized revenues excluding recovery and recycling payments received from CalRecycle, plus a list of the types of revenues included in the revenue calculation.

(6) The total annualized costs, plus a list of the types of costs included in the cost calculation.

(7) The total annualized net costs (annualized costs minus annualized revenues).

(8) The net cost per pound of CEW recovery and the net cost per pound of CEW recycling.

(9) Provide a description of the types of targeted consumers, and the methods of collection used to obtain CEWs from the California sources, including but not limited to:

(A) Drop-off at permanent location,

(B) Temporary event drop off,

(D) Pick up at handler location,

(E) Curbside collection,

(F) Landfill drop off or load check.

(10) The signature and title of a person with signature authority for net cost reports as designated pursuant to Section 18660.11 of this Chapter.

(11) The signature block shall state and certify the following statement: "I hereby declare under penalty of perjury that this net cost report, including any and all figures, calculations and accompanying documents has been examined by me and is true, correct and complete."

(12) The date and place of the signing of the report.

(e) An approved collector or an approved recycler shall convert any data captured on a per unit basis to a per pound basis for the purposes of determining revenues, costs and net costs.

(f) CalRecycle may revoke approval or deny recycling payments for failure to submit a net cost report, or for the submission of a fraudulent report.

(g) The net cost report shall be submitted to CalRecycle on or before March 1, 2006, and each year thereafter.

(1) The requirement to submit a net cost report subsequent to March 1, 2007, shall be determined by CalRecycle at a public hearing.

(2) Notice of the requirement to submit a net cost report subsequent to March 1, 2007, shall be issued by CalRecycle on or before December 31 of the year proceeding the year in which the report is next due.

(h) In addition to the net cost report described by this Section, an approved collector or an approved recycler may submit test results, studies or other information for CalRecycle to consider when the Standard Statewide Recovery Payment Rate or the Standard Statewide Combined Recovery and Recycling Payment Rate is reviewed and, if necessary, adjusted pursuant to Sections 18660.33 and 18660.34 of this Chapter.

1. New 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 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. Amendment of subsection (g) 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 (a)-(b), (d), (d)(5) and (f)-(h) filed 10-29-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 44).
6. Amendment of subsections (a) and (d) filed 5-9-2018 as an emergency; operative 5-9-2018 (Register 2018, No. 19). Pursuant to Public Resources Code section 42475.2(b), this is a statutory deemed emergency, and the emergency language remains in effect until 5-9-2020 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. Certificate of Compliance as to 5-30-2018 order, including amendment of section, transmitted to OAL 8-3-2018 and filed 9-17-2018; operative 10-1-2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 38).
8. Amendment of subsections (a) and (d), filed 3-24-2020 as an emergency; operative 5-10-2020 (Register 2020, No. 13). Pursuant to Public Resources Code section 42475.2(b), this is a statutory deemed emergency, and the emergency language remains in effect until 5-10-2022 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.
9. Certificate of Compliance as to 3-24-2020 order transmitted to OAL 2-22-2022 and filed 4-6-2022 pursuant to Public Resources Code section 42475.2(b) (Register 2022, No. 14).

Note: Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code. Reference: Sections 42464, 42475(a), 42476, 42477, 42478 and 42479, Public Resources Code.

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