§ 66274.5. Annual Collection Rate Performance Requirements.

Beginning with calendar year 2013, a manufacturer or group of manufacturers shall meet or exceed the collection rate performance requirement (TP) specified in subsection (a) of this section for that year.

(a)(1) The table below specifies the collection rate performance requirement (TP) as a percentage of out-of-service mercury-added thermostats becoming waste annually (column C) and as a number of out-of-service mercury-added thermostats (column D).

A. Year	B. TT, determined	C. Performance	D. Performance
	pursuant to	requirement (TP),	requirement
	§66274.4	expressed as a	(TP),
		percentage of TT	expressed as a
			number of
			thermostats
			(=B x C)
2013	217,000	30%	65,100
2014	212,000	45%	95,400
2015	207,000	55%	113,850
2016	202,000	65%	131,300
2017	197,000	75%	147,750
2018 and
Subsequent
Years		75%

(2) The department may adopt regulations updating the performance requirements for 2018 and subsequent years. Unless and until the department adopts such regulations, the collection rate performance requirement (TP) shall be 75 percent of TT in 2018 and in subsequent years shall remain 75 percent of the number of out-of-service mercury-added thermostats becoming waste each year (TT), as calculated pursuant to California Code of Regulation, title 22, section 66274.4 subsection (a).

(b) If more than one manufacturer or group of manufacturers operates a program in a given calendar year:

(1) Based on information in the annual reports submitted pursuant to California Code of Regulation, title 22, section 66274.8, subsections (a) and (c) by all programs in prior years, the department shall assign a pro rata proportion of TT to each manufacturer or group of manufacturers operating a program.

(2) Each program's performance requirement shall be determined pursuant to subsection (a) of this section except that the program's collection rate goal shall be calculated using the program's pro rata proportion of TT determined by the department pursuant to paragraph (1) of this subsection.

(3) Any manufacturer or group of manufactures wishing to dispute the pro rata proportion of TT assigned to it by the department may submit data to the department in support of its position within 30 days of posting of the information specified in subsection(c) of this section by the department on its internet Web site. The department shall consider such data and may adjust the pro rata proportions of TT assigned to each program if the data supports such an adjustment. If the department makes any adjustments pursuant to this paragraph, the department shall, within 60 days, update the information posted on its Internet Web site pursuant to subsection (c) of this section, as necessary.

(c) On or before May 1, 2013, and on or before May 1 of each subsequent year, the department shall post the following information on its Internet Web site regarding each program's collection of out-of-service mercury-added thermostats during the previous calendar year:

(1) TT as determined pursuant to California Code of Regulation, title 22, section 66274.4, subsection (a) of section 66274.4 or the program's pro rata proportion of TT determined pursuant to subsection (b) of this section, as appropriate;

(2) The total number of out-of-service mercury-added thermostats collected by the program, as reported pursuant to California Code of Regulation, title 22, section 66274.8, subsection (e);

(3) The program's collection rate performance requirement (TP), as specified in subsection (a) or as determined pursuant to subparagraph (b)(2) of this section, as appropriate;

(4) The actual collection rate achieved by the program, expressed as a percentage of TT or the program's pro rata proportion of TT, as appropriate; and

(5) A determination of whether or not the program achieved its performance requirement.

HISTORY

1. New section filed 5-15-2013; operative 7-1-2013 (Register 2013, No. 20).

Note

Note: Authority: Sections 25150, 25214.8.13, 25214.8.17 and 58012, Health and Safety Code. Reference: Sections 25214.8.12, 25214.8.13 and 25214.8.17, Health and Safety Code.