Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Except
for small containers of automotive refrigerant exempted under section
95364 of this subarticle, on or
after January 1, 2010, and subject to the provisions of section
95367, a retailer of a small
container of automotive refrigerant that is subject to the requirements of this
subarticle must:
(1) Collect a deposit from
the consumer or charge the consumer's account for each small container of
automotive refrigerant at the time of sale.
(2) The amount of deposit on each small
container is set at $10.
(3) Return
the deposit to the consumer, or credit the consumer's account when the consumer
returns a used small container of automotive refrigerant to the retailer,
provided that the consumer returns the used container of refrigerant to the
retailer where purchased within 90 days of purchase, submits proof of purchase
(e.g., cash register receipt), and provided that the container has not been
breached. A retailer may return the deposit at his discretion if more than 90
days have elapsed, the consumer does not have a receipt, if the consumer
returns the container to a location other than the place of purchase, or if the
container has been breached.
(4)
All deposits collected under section
95366(a)(1) that
are not returned or refunded to consumers under section
95366(a)(3) must
be transferred to the manufacturer or its designee. Transfers must be made
annually by April 1 and include all such deposits collected from January
through December of the preceding calendar year.
(5) If the amount of deposits that a retailer
returns or refunds to consumers under section
95366(a)(3)
exceeds the amount of deposits collected by that retailer under section
95366(a)(1)
during the time period beginning with April 13, 2017 and ending December 31,
2017, that retailer may elect to defer the transfer of the deposits collected
under 95366(a)(1) during the specified time period until the immediately
following reporting period. A retailer electing to utilize this option must
include such deferred deposits in the deposits required to be transferred to
manufacturers or their designees under section
95366(a)(4) in
the subsequent reporting period and must additionally indicate that it has
elected to utilize this option in the reports it is required to maintain
pursuant to section
95369(b).
(6) Accumulate and store any used small
container of automotive refrigerant for transfer to the manufacturer or its
designee, and segregate breached returned small containers from non-breached
returned small containers. The manufacturer will, along with each participating
retailer/distributor, identify or provide collection bins, totes, or boxes that
work in a complementary fashion within each retailer/distributors' current
established distribution best practice for like merchandise, facilitating their
ability to segregate breached small containers. Likewise, it will be the
manufacturer's responsibility to identify each retailer/distributor's most
complementary manner of transport and return of returned small containers of
automotive refrigerant to the recovery/recycle facilities.
(b) Except for small containers of automotive
refrigerant exempted under section
95364 of this subarticle, on or
after January 1, 2010, and subject to the provisions of section
95367, a manufacturer or its
designated return agency must:
(1) Collect a
deposit on each small container of automotive refrigerant at the time of sale
to a distributor or retailer.
(2)
Accept from a retailer or distributor used small containers of refrigerant
certified under section
95362.
(3) Maintain a log of returned used
containers by SKU, retailer, and return date.
(4) Refund to the retailer or distributor the
full amount of the deposits collected under section
95366(b)(1) for
all used small containers of automotive refrigerant certified under section
95362 that were returned. A
manufacturer or designated return agency must count and record the number of
small containers of automotive refrigerant that have been breached.
(5) Ensure that all deposits that are not
returned or refunded by manufacturers to retailers and distributors under
section 95366(b)(4) and
all deposits collected by retailers that are transferred to manufacturers under
section 95366(a)(4) will
accrue to an account managed by the manufacturer or its designee to be used
solely as described in section
95366(b)(6) for
the purpose of enhancing the consumer education program or other programs,
projects, and measures reducing greenhouse gas emissions as approved by the
CARB. The manufacturer or its designee must report and account for how these
account funds are spent in accordance with section
95367(a)(5) of
this subarticle.
(6) Separately
account for any funds attributable to unclaimed deposits, expend those funds
only on enhanced educational programs or other programs, projects, and measures
reducing greenhouse gas emissions approved by the Executive Officer. The
enhanced educational programs are designed to inform consumers of measures to
reduce GHG emissions associated with do-it-yourself recharging of MVAC systems.
The manufacturers or their designees are to provide to CARB an accounting of
the collection and expenditures of these funds as described in section
95367(a)(5).
Examples of enhanced education programs include, but are not limited to:
improved Internet website support, development of additional educational
materials, training and outreach to the consumer via retailers, development and
usage of videos and other means of demonstrations at retail sites. Examples of
programs, projects, and measures reducing greenhouse gas emissions include, but
are not limited to: improved recycling or disposal of old refrigerants, and
research, evaluation, and promotion of low GWP refrigerants. A manufacturer or
its designee must provide a description of any proposed enhanced educational
programs in its application for certification of small containers of automotive
refrigerant, and must obtain the Executive Officer's approval before it can
expend funds attributable to unclaimed deposits on that enhanced educational
program. For other programs or projects, a manufacturer or its designee must
provide a description and obtain the Executive Officer's approval before it can
expend funds attributable to unclaimed deposits.
(7) A manufacturer may designate an entity to
collect consumer deposits pursuant to section
95366(a)(4), to
spend these funds on enhanced education programs or other programs, projects,
and measures reducing greenhouse gas emissions as approved by the CARB pursuant
to sections
95366(b)(5) and
95366(b)(6), and
fulfill reporting requirements pursuant to sections
95367(a)(5) and
95367(a)(6). This
designation is subject to advance review and approval by CARB's Executive
Officer.
(8) No later than January
1, 2030, all unclaimed deposits held by a manufacturer, or their designee under
section 95366(b)(5), must
be exhausted.
(c) A
manufacturer may designate an additional facility to receive and store returned
used small containers of automotive refrigerant and to pay consumer refunds
specified in section
95366(a) and (b)
at the time a container is returned. Such a facility may be either a retail
store or an entity that is not affiliated with a retail store.
(d) A manufacturer or its designee must
coordinate the collection of used small containers of automotive refrigerant
from retailers and any designated return agencies. To reduce the burden on the
retailer, the manufacturer shall, along with each participating
retailer/distributor, identify or provide collection bins, totes or boxes that
work in a complementary fashion within each retailer/distributors' current
established distribution best practice for like merchandise. Likewise, it shall
be the manufacturer's responsibility to identify each retailer/distributor's
most complementary manner of transporting returned small containers of
automotive refrigerant to the recovery/recycle facilities.
(e) A manufacturer or its designee must
recover any refrigerant remaining in the returned small containers at a
facility registered with the CARB as described in "Certification Procedures for
Small Containers of Automotive Refrigerant" adopted on July 20, 2009, and last
amended on January 17, 2017, which is incorporated by reference herein. The
facility must employ good engineering practices to avoid loss of refrigerant to
the atmosphere. The refrigerant must be recovered, recycled, reclaimed, or
removed to a licensed waste disposal facility.
Note: Authority cited: Sections 38501, 38505, 38510,
38560, 38560.5, 38562.2, 38566, 38580, 39600 and 39601, Health and Safety Code.
Reference: Sections 38501, 38505, 38510, 38550, 38551, 38560, 38560.5, 38562.2,
38566, 39003, 39500, 39600 and 39601, Health and Safety Code.
Note: Authority cited: Sections
38501,
38510,
38560,
38560.5,
38580,
39600
and
39601,
Health and Safety Code. Reference: Sections
38501,
38505,
38510,
38550,
38551,
38560,
38560.5,
39003,
39500,
39600
and
39601,
Health and Safety Code.
