(a) Reports to the Executive Officer are due March 1 every year starting March 1, 2011, except the spending plan described in section 95367(a)(6). Each annual report documents monthly data for small containers of automotive refrigerant sold and returned during the prior calendar year, January 1 through December 31. Reports must be submitted as follows: (1) Upon request from CARB, each retailer must report sales data of the number of small containers of automotive refrigerant sold. The sales data must be reported for each SKU, for each manufacturer or distributor, for each month, and as totals for each annual reporting period.(2) Upon request from CARB, each retailer must report the number of used small containers of automotive refrigerant returned by consumers. The returned can data must be reported for each SKU, for each manufacturer or distributor, for each month, and as totals for each annual reporting period. The data must be reported separately for the following categories: returned unused, returned for recycle, returned breached, to the extent that the retailer has segregated breached cans pursuant to section 95366(a)(6). Each retailer must also report the amounts of deposits collected under section 95366(a)(1) that are not returned or refunded to consumers under section 95366(a)(3), and that are transferred to manufacturers or their designees under section 95366(a)(4).(3) Each distributor must report sales data of small containers of automotive refrigerant. The sales data must be reported for each SKU for each retailer, manufacturer, and for each month.(4) Each manufacturer must report sales data of the number of small containers of automotive refrigerant sold to each retailer or distributor within the State. The sales data must be reported for each SKU, for each distributor, retailer, or other outlet, for each month and as totals for each reporting period.(5) Each manufacturer must report the number of small containers of automotive refrigerant returned for recycling by each retailer or distributor within the State. The return data must be reported for each SKU, for each distributor, retailer, or other outlet, for each month and as totals for each reporting period.(6) Each manufacturer or recycler of small containers of automotive refrigerant must report the number of small containers received for recycling. The returned container data must be reported for each SKU, for each retailer or other source of return, for each month, and as totals for each reporting period. The data must be segregated according to reason for the can return: returned unused, returned for recycle, returned breached. The refrigerant amount recovered must be reported for each manufacturer, and for each month.(7) Each manufacturer of small containers of automotive refrigerant, or its designee, must report the amounts of both deposits that retailers transfer to it under section 95366(a)(4), and the deposits it collects under section 95366(b)(1) that it does not refund to retailers or distributors under section 96366(b)(4), and must also provide an accounting and description of how those funds were spent on enhancing consumer education or other programs, projects, and measures reducing greenhouse gas emissions for the previous calendar year. The report must highlight each component of an educational program or the other programs, projects, and measures and funds spent for that component.(8) Each manufacturer of small containers of automotive refrigerant, or its designee, must submit a proposed plan that details how it expects to expend unreturned container deposit funds collected during the previous calendar year on enhanced consumer education programs or other programs, projects, and measures reducing greenhouse gas emissions approved by the Executive Officer pursuant to section 95366(b)(6). The proposed plan must highlight each component of an educational program or the other programs, projects, and measures and funds to be spent for that component. Pursuant to section 95366(b)(6), a manufacturer or its designee may not begin expending these funds without review and approval of the plan by CARB's Executive Officer. The plans are to be sent to the Executive Officer and are due May 1 every year starting May 1, 2017.(9) Each recycler of refrigerant from small containers of automotive refrigerant must report the amount of refrigerant recovered, along with the amount of that refrigerant recycled, reclaimed, or disposed of. The refrigerant amounts must be reported for each manufacturer, and for each month.(10) On or after January 1, 2025, each report submitted under section 95367(a) must be accompanied by an attestation that all reported information is true, accurate, and complete.(b) On or after January 1, 2025, reports to the Executive Officer are due March 1 every year starting March 1, 2025. Each annual report documents monthly data for certified reclaimed refrigerant sold for and used in small containers of automotive refrigerant during the prior calendar year, January 1 through December 31. Reports must be submitted as follows: (1) Each manufacturer of automotive refrigerant must report the amount of certified reclaimed refrigerant, in pounds, received and charged into small containers of automotive refrigerant. The refrigerant amounts must be reported by each refrigerant, for each reclaimer or other outlet, for each month and as totals for each reporting period.(2) Each report submitted under section 95367(b)(1) must be accompanied by an attestation that all reported information is true, accurate, and complete.Cal. Code Regs. Tit. 17, § 95367
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.
1. New section filed 9-1-2009; operative 10-1-2009 (Register 2009, No. 36).
2. New subsections (d)-(g) filed 2-8-2010; operative 3-10-2010 (Register 2010, No. 7).
3. Amendment of subsections (a)-(a)(1) and (a)(5), new subsection (a)(6), subsection renumbering and repealer of subsections (b)-(g) filed 4-14-2017; operative 4/14/2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 15).
4. Amendment of section and NOTE filed 5-17-2024; operative 7/1/2024 (Register 2024, No. 20).