 
 
 
  Appendix A-1 
Proposed Regulation Order 
Small Containers of Automotive Refrigerant 
[Note: This version of the proposed am endments to Title 17 California Code of 
Regulations (CCR) sections 95360 through 95369, complies with Government Code 
section 11346.2 subdivision (a)(3). The existing, original regulatory language currently 
adopted into the CCR is shown in “no rmal type.” The proposed amendments subject 
to comment in this rulemaking are shown in underline to indicate additions and strikeout to indicate deletions from the existing regulatory text. [Bracketed underline 
text] is placeholder text for these amendment’ s approval date. Vertical lines in the left 
margins are to flag where changes are prop osed for ease of reference and are not part 
of the proposed amendments. The proposed amendments are being presented in two versions. For ease of readability, and to review the proposed amendments in an Accessible format that can toggle between amendments in strikeout/underline and a “clean" version with amendments incorporat ed into the regulatory text, please refer 
to the Word version of this Proposed Regulation Order.] 
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  Subarticle 4. Small Containers of Automotive Refrigerant. 
Section 95360. Applicability. 
Section 95361. Definitions. 
Section 95362. Certification Procedures for Small Containers of Automotive 
Refrigerant. Section 95363. Reserved 
Section 95364. Sell-Through of Products (Phase I). 
Section 95364.1. Manufacturing of Produ cts with Modified Labels (Phase II). 
Section 95364.2. Manufacturing of Pro ducts with Modified Labels and Deposit 
Program (Phase III). 
Section 95365. Container Disposal or Destruction. 
Section 95366. Container Deposit and Return Program Requirements. 
Section 95366.1. Expiration of Deposi t and Reclaimed Refrigerant Requirements 
Section 95366.2. Reclaimed Refrigerant Requirements. 
Section 95367. Recycling Reporting Requirements. Section 95367.1. Expiration of Returned Containers for Recycling Reporting 
Requirements. 
Section 95367.2. Use of Unclaimed Deposits. Section 95368. Enforcement. 
Section 95369. Recor dkeeping Requirements. 
Section 95370. Severability. 
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 Proposed Regulation Order 
Title 17, California Code of Regulations 
Amend Sections 95360 through 95370 of title 17, California Code of Regulations, to 
read as follows: 
§ 95360. Applicability. 
(a) Except as otherwise provided in sections 95363 or 95364, thisThis subarticle 
applies to any person who uses, sells, supplies, offers for sale, advertises, 
manufactures for sale, recycles, reclai ms, recovers, imports, exports, or 
introduces into commerce in the State of California any small container of 
automotive refrigerant in a small cont ainer that is used or intended for use to 
charge motor vehicle air conditioning systems. 
(b) The provisions of this subarticle do not a pply to small containers of automotive 
refrigerant with a Global Warming Potent ial (GWP) value equal to or less than 
150. 
Note: Authority cited: Sections 38501, 38505, 38510, 38560, 3856 0.5, 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. 
§ 95361. Definitions. 
(a) The definitions in section 1900(b), Title 13 of the California Code of Regulations 
apply with the following additions: 
“Appliance” means any device that contains and uses a high-GWP 
refrigerant, including any air conditioner , refrigerator, chiller, freezer, or 
refrigeration system. 
(1) “Automotive Refrigerant” means any substance used, sold for use, or designed or intended for use as a heat transfer fluid and provides a cooling effect in a Motor Vehicle Air Conditioner (MVAC) that is not 
either a Class I or a Class II refrig erant as defined in 42 U.S.C. sections 
7671(a) or (b), or that is listed in Title 40, Code of Federal Regulations 
part 82, subpart A, appendix A, as it  existed as of July 1, 2006. 
(2) “Automotive Refrigerant in a Small Container” means automotive 
refrigerant packaged in a container holding more than 2 ounces and less 
than 2 pounds of automotive refrigerant by weight. 
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 (3)“Breached” or “Breached Container” means any small container that 
has been structurally compromised so that the container's contents have 
been released to the environment th rough an opening other than the 
self-sealing valve. 
(4)“Can Heel” means the quantity of au tomotive refrigerant remaining in 
a small container of automotive refrigerant after that small container of 
automotive refrigerant has been used to charge an MVAC system or 
systems with refrigerant. 
“Certified Reclaimed Refrigerant” me ans used (recovered) refrigerant 
that has been reclaimed by a U.S. EPA-certified refrigerant reclaimer 
from a previously operational applia nce and meets all of the following 
conditions: 
Meets all specifications in 40 C.F.R. Part 82, Subpart F, Appendix A 
(Specifications for Refrigerants) (July 1,  2022), which is incorporated by 
reference herein; 
Contains zero percent (0%) new (virgin) refrigerant by weight to meet the 
specifications in 40 C.F.R., Part 82,  Subpart F, Appendix A (Specifications 
for Refrigerants) (July 1, 2022). 
(5)“Consumer” means the first person who in good faith purchases a 
small container of automotive refrigerant in a small container for purposes other than resale, including, but not limited to, MVAC maintenance and repair activities or  other applications involving this 
product. A person who purchases a small container of automotive 
refrigerant in a small container fo r purposes of servicing or repairing 
another person's MVAC for consideration (e.g., a MVAC technician) is considered a ‘'consumer' for purposes of this subarticle. Manufacturers, 
distributors, and retailers are not consumers. 
(6)“Dispose” means to discard a small container of automotive 
refrigerant in any manner, except as permitted in section 95365 of this subarticle. 
(7)“Distributor” means any person to whom ana small container of
automotive refrigerant small container is sold or supplied for the purposes of resale or distribution in commerce, including imports to and exports from the United States. Manufacturers, retailers, and consumers 
are not distributors. 
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(8)“Executive Officer” means the Exec utive Officer of the California Air 
Resources Board (CARB). 
“Foam” means a product with a cellular structure formed via a foaming 
process in a variety of materials th at undergo hardening via a chemical 
reaction or phase transition. 
(9)“Global Warming Potential” (GWP)  means the radiative forcing impact 
of one mass-based unit of a given greenhouse gas relative to an 
equivalent unit of carbon dioxide over a given period of time. 
(10)“Global Warming Potential Value” or “GWP Value” means, for the 
purposes of this subarticle, the 100- yr GWP value first published by the 
IPCC in its Second Assessment Report (SAR) (IPCC, 1995 ); or if a 100-yr 
GWP value was not specified in the IPCC SAR, it means the GWP value published by the IPCC in its Fourth  Assessment Report (AR4) (IPCC, 
2007); or if a 100-yr GWP value was no t specified in the IPCC AR4, then 
the GWP value will be determined by the Executive Officer based on 
data, studies and/or good engineering or scientific judgment. Both the 
1995 IPCC SAR values and the 2007 IP CC AR4 values are published in 
table 2.14 of the 2007 IPCC AR4. The SAR GWP values are found in 
column “SAR (100-yr)” of Table 2. 14.; the AR4 GWP values are found in 
column “100 yr” of Table 2.14.” 
(11)“Label” means any written, printed, or graphic matter affixed to, 
applied to, attached to, embossed on, or appearing upon any small 
container for purposes of branding, identifying, or giving information 
with respect to the product or to  the contents of the package. 
(12)“Manufacturer” means any per son who imports, manufactures, 
assembles, packages, repackages, recovers, recycles, or reclaims a small container of automotive refrigerant in  a small container, or who re-labels 
such a container of refrigerant. 
(13)“Motor Vehicle Air Conditioner” (MVAC) is a system installed in a 
motor vehicle that uses a refrigerant to cool the driver's or passenger's 
compartment. 
“Non-Profit Organization” is a business that has been granted tax-
exempt status by the Internal Revenue Service (IRS). (14)“Person” has the same meaning as defined in Health and Safety 
Code section 39047. 
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 (15)“Reclaim” means to process refrigerant to a level equivalent to new 
product specifications in accordan ce with the AHRI 700-2006 Standard 
(“700 (2019 Standard for Specifications for Fluorocarbon Refrigerants”, 
Air-Conditioning, Heating, and Refrigeration Institute, Arlington, VA, 2006).2019), which is incorporated by reference herein. 
(16)“Recover” means to remove automo tive refrigerant, in any condition, 
from either a MVAC system or prev iously operational appliance and to 
store it in an external container wi thout necessarily testing or processing 
it in any way. 
“Recovery and reclamation” means any action or activities in which a 
person or entity physically extracts refrigerants and foams stored in 
appliances or equipment, and subsequen tly processes such refrigerants 
and foams so that they conform to standards under Title 40 Code of Federal Regulations, Part 82, §82.164, ad opted on July 30, 1992, as last 
amended on November 18, 2016, which is incorporated by reference herein. 
(17)“Recycle” means to clean automotive refrigerant for reuse by oil 
separation and by single or multiple  passes through moisture-absorption 
devices, such as replaceable core filter-driers that reduce moisture, acidity, and particulate matter. 
(18)“Recovery facility” means a facility that recovers automotive 
refrigerant that is subject to t he provisions of this subarticle. 
“Refrigerant reclaimer” means a perso n who takes recovered refrigerant 
and reclaims it for reuse. 
(19)“Retailer” means any person who owns, leases, operates or controls, 
or supervises a retail outlet in California. Manufacturers, distributors, and 
consumers are not retailers. 
(20)“Retail Outlet” means any establishment at which a small container of
automotive refrigerant in a small co ntainer is sold, supplied, or offered 
for sale in California. 
(21)“Self-Sealing Valve” means a valv e affixed to ansmall container of 
automotive refrigerant small container that automatically seals to prevent 
or minimized inadvertent release of refrigerant when not actively engaged for the purpose of dispensing refrigerant, and meets or 
exceeds established performance criteria as identified in section 
95362(b). 
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 (22)“SKU” (Stock Keeping Unit) means a unique code identifier for each 
distinct product or service that can be ordered from a supplier. The SKU 
system enables the merchant to systemat ically track their inventory, such 
as in warehouses and retail outlets. 
“Small Container” or “Small Container of Automotive Refrigerant” has 
the same meaning as “Automotive  Refrigerantmeans automotive 
refrigerant packaged in a Small Cont ainer” as specifiedcontainer holding
more than 2 ounces and less than 2 pounds of automotive refrigerant by weight. 
(23)“Unclaimed deposits” means deposits collected from a consumer by 
a retailer in section 95361 (a)(2).conj unction with the sale of a small 
container of automotive refriger ant that are not returned to the 
consumer. 
“Use” means any utilization of a co mpound or any substance, including, 
but not limited to, utilization in a pr oduct, consumption by the end-user, 
or in intermediate applications, such as formulation or packaging for 
other subsequent applications. 
Note: Authority cited: Sections 38501, 38505, 38510, 38560, 3856 0.5, 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. 
§ 95362. Certification Procedures for Smal l Containers of Automotive Refrigerant. 
(a) Except as provided in sections 95363 orse ction 95364, on or after January 1, 
2010, no person may sell, supply, offer fo r sale, or manufacture for sale in 
California a small container of automotive refrigerant in a small container unless 
that small container of automotive re frigerant in a small container has been 
certified for use and sale by the Air Resources Board and is covered by an 
Executive Order issued pursuant to this subarticle. 
(b) The criteria for obtaining certification, including all procedures for determining 
compliance with applicable test procedure s, for a small container of automotive 
refrigerant in a small container sold, supp lied, offered for sale, or manufactured 
for sale in California bet ween January 1, 2010, and April 12, 2017, are set forth 
in “Certification Procedures for Small Conta iners of Automotive Refrigerant,” 
adopted on July 20, 2009, and last amended on January 5, 2010, which is 
incorporated by reference herein. 
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 (c) The criteria for obtaining certification, including all procedures for determining 
compliance with applicable test procedure s, for small containers of automotive 
refrigerant in a small container sold, supp lied, offered for sale, or manufactured 
for sale in California on or after between April 13, 2017, and December 31,
2024, are set forth 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. 
(d) The criteria for obtaining certification, including all procedures for determining 
compliance with applicable test procedure s, for small containers of automotive 
refrigerant sold, supplied, offered for sale , or manufactured for sale in California 
on or after January 1, 2025, are set forth in “Certification Procedures for Small Containers of Automotive Refrigerant,” adopted on July 20, 2009, and last amended on [insert date of amendment], whi ch is incorporated by reference 
herein. 
(d)(e) Any modification to the design or specifications of a small container of automotive refrigerant that has been i ssued an Executive Order pursuant to 
these procedures must be disclosed to CARB before any modified small container of automotive refrigerant may be sold, supplied, offered for sale, or 
manufactured for sale in California. T he Executive Officer will exercise good 
engineering judgment to determine if said  change(s) constitute a significant 
difference to the design or specification of a previously certified small container of automotive refrigerant. If the Ex ecutive Officer determines that said 
change(s) constitute a significant difference to the design or specification of a previously certified small container of automotive refrigerant, the manufacturer must then request that the modified small container of automotive refrigerant be issued a new Executive Order pursuant to the provisions of this subarticle. 
Note: Authority cited: Sections 38501, 38505, 38510, 38560, 3856 0.5, 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. 
§ 95363. Exemption for Low GWP Value Refrigerants.Reserved
This subarticle does not apply to automotive refrigerants with a GWP value 
equal to or less than 150, where GWP value is defined as described in section 
95361(a)(10). 
Note: Authority cited: Sections 3 8501, 38510, 38560, 38560. 5, 38580, 39600 and 
39601, Health and Safety Code. Referen ce: Sections 38501, 38505, 38510, 38550, 
38551, 38560, 38560.5, 39003, 39500, 39600 a nd 39601, Health and Safety Code. 
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 § 95364. Sell-Through of Products. (Phase I).
(a) Notwithstanding the provisionsSmall cont ainers of section 95362(a), automotive 
refrigerant in a small container that waswere packaged or manufactured before 
January 1, 2010, may be sold, supplied, or offered for sale in California until 
December 31, 2010. 
(b) Notification necessary for products sold during the sell-through period. A person who sells or supplies a small container of automotive refrigerant in a small container that does not fully comply with the provisions of section 95362 must notify the purchaser in writing of the date on which the sell-through 
period will end. This notification must be supplied only if all of the following 
conditions are met: 
(1) The product is being sold or supplied to a distributor or retailer; and 
(2) The sell-through period for the product will expire 6 months or less from 
the date the product is sold or supplied. 
(c) Any small container of automotive refrig erant that is not sold by December 31, 
2010 must be recalled by the manufacture r. A manufacturer must report the 
total number of small containers of automo tive refrigerant that are recalled in 
the reports required by section 95367. 
Note: Authority cited: Sections 38501, 38505, 38510, 38560, 3856 0.5, 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. 
§ 95364.1. Manufacturing of Produc ts with Modified Labels. (Phase II).
Notwithstanding the provisions of secti on 95362(c), any small container of 
automotive refrigerant that was packaged or manufactured for sale in California 
on or after the April 13, 2017 and prior to January 1, 2018 is exempt from the 
labeling requirements specified in Section 2.3(B)(4) of “Certification Procedures 
for Small Containers of Automotive Refri gerant,” adopted on July 20, 2009, as 
last amended on January 17, 2017, which is  incorporated by reference herein. 
Note: Authority cited: Sections 38501, 38505, 38510, 38560, 3856 0.5, 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. 
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 § 95364.2. Manufacturing of Products with Modified Labels and Deposit Program 
(Phase III). 
Notwithstanding the provisions of se ctions 95362(d), small containers of 
automotive refrigerant that were packaged or manufactured before January 1, 
2025, may continue to be sold, supplied, or offered for sale in California. 
Note: Authority cited: Sections 38501,  38505, 38510, 38560, 3856 0.5, 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. 
§ 95365. Container Disposal or Destruction. 
(a) On or after January 1, 2010, and for co ntainers of automotive refrigerant 
purchased before January 1, 2025, no person shall dispose of or destroy any 
small container of automotive refrigerant that is subject to the requirements of 
this subarticle unless the disposal or destruction is performed in accordance 
with the procedures specified in this section. 
(b) A manufacturer or its designated recovery facility must evacuate small 
containers of automotive refrigerant to less than atmospheric pressure, unless the containers are breached or damaged to an extent that precludes recovery 
of the refrigerant. All other persons must  return small containers of automotive 
refrigerant that contain any quantity of  refrigerant that they purchased before 
January 1, 2025 to the retailer, the manufacturer, or the manufacturer's designated recovery facility. 
(c) RefrigerantUntil January 1, 2025, refr igerant recovery facilities must be 
registered with the C ARB as described in “Certification Procedures for Small 
Containers of Automotive Refrigerant” adopted on July 20, 2009, and last amended on January 5, 201017, 2017, which  is incorporated by reference 
herein. 
(d) Small containers of automotive refriger ant that are breached do not count as 
recycled small containers of automotive refrigerant for the purpose of calculating the recycle rate. 
Note: Authority cited: Sections 38501, 38505, 38510, 38560, 3856 0.5, 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. 
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 § 95366. Container Deposit and Return Program Requirements. (a) Except for small containers of automoti ve refrigerant exempted under section 
95363 or 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 in a small container  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 t he consumer's account 
when the consumer returns a used small container of automotive 
refrigerant to the retailer, provid ed 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 re tailer 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 addi tionally indicate that it has 
elected to utilize this option in the reports it is required to maintain 
pursuant to section 95369(b). 
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 (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-br eached 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 i dentify each retailer/distributor's 
most complementary manner of transpo rt and return of returned small 
containers of automotive refrigerant to the recovery/recycle facilities. 
(b) Except for small containers of automoti ve refrigerant exempted under section 
95363 or 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 distributo r the full amount of the deposits 
collected under section 95366(b)(1) for all used small containers of automotive refrigerant certified u nder section 95362 that were returned. 
A manufacturer or designated return a gency must count and record the 
number of small containers of auto motive refrigerant that have been 
breached. 
(5) Ensure that all deposits that ar e not returned or refunded by 
manufacturers to retailers and dis tributors under section 95366(b)(4) and 
all deposits collected by re tailers 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 approv ed by the CARB. The manufacturer 
or its designee must report and acco unt for how these account funds are 
spent in accordance with section  95367(a)(5) of this subarticle. 
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 (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 re charging 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. Ex amples 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 refrigeran t, 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 de signee must provide a description and 
obtain the Executive Officer's a pproval before it can expend funds 
attributable to unclaimed deposits. 
(7) A manufacturer may designate an ent ity to collect consumer deposits 
pursuant to section 95366(a)(4), to spend these funds on enhanced 
education programs or other progra ms, 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 additi onal facility to receive and store 
returned used small containers of automo tive 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. 
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 (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 re tailer, the manufacturer shall, along 
with each participating retailer/distributo r, 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 ma nufacturer's responsi bility to identify 
each retailer/distributor's most comp lementary manner of transporting returned 
small containers of automotive refriger ant to the recovery/ recycle facilities. 
(e) A manufacturer or its designee must recove r any refrigerant remaining in the 
returned small containers at a facility re gistered with the CARB as described in 
“Certification Procedures for Small Containers of Automotive Refrigerant” adopted on July 20, 2009, and last amended on January 5, 201017, 2017, which 
is incorporated by reference herein. T he facility must employ good engineering 
practices to avoid loss of refrigerant to the atmosphere. The refrigerant must be 
recovered, recycled, reclaimed, or re moved to a licensed waste disposal facility. 
Note: Authority cited: Sections 38501, 38505, 38510, 38560, 3856 0.5, 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. 
§ 95366.1. Expiration of Deposit and Reclaimed Refrigerant Requirements. 
The provisions of section 95366 no longer apply for small containers of 
automotive refrigerant sold on and after January 1, 2025. 
Note: Authority cited: Sections 38501, 38505, 38510, 38560, 3856 0.5, 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. 
§ 95366.2. Reclaimed Refrigerant Requirements. 
(a) On and after January 1, 2025, each ma nufacturer of small containers of 
automotive refrigerant must use cert ified reclaimed refrigerant in small 
containers of automotive refrigerant. 
(b) The following table lists the minimum per centage of the total aggregate weight 
in pounds of certified reclaimed refrigerant that is required by manufacturers to 
charge in small containers of automotive refrigerant for each calendar year and 
their respective dates: 
14  
 
 
 
 
 
 Percentage of Certified Reclaimed 
Refrigerant Required each Calendar Year Starting Date 
25% January 1, 2025 
50% January 1, 2026 
100% January 1, 2027 
(c) Each manufacturer’s percentage require ment of pounds of certified reclaimed 
refrigerant under section 95366.2(b) w ill be determined based on the prior 
calendar year's total aggregate amount  of pounds of refrigerant in small 
containers of automotive refrigerant entered into California. 
Note: Authority cited: Sections 38501, 38505, 38510, 38560, 3856 0.5, 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. 
§ 95367. Recycling Reporting Requirements. 
(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 ca lendar 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 and. 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. 
(1)(2) Upon request from CARB, each reta iler must report the number of used 
small containers of automotive refr igerant returned by consumers. The 
sales data and returned can data m ust be reported for each SKU, for 
each manufacturer or distributor, for each month, and as totals for each 
annual reporting period. The data m ust be reported separately for the 
following categories: returned unused,  returned for re cycle, returned 
breached, to the extent that the retailer has segregated breached cans 
pursuant to section 95366(a)(646). 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). 
15  
 
 
 
 
 
 
 
 (2)(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 sa les data of the number of small 
containers of automotive refrigerant sold to each retailer or distributor within the State and. 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. 
(3)(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 sa lesreturn data must be reported for 
each SKU, for each distributor, retailer, or other outlet, for each month 
and as totals for each reporting period. 
(4)(6) Each manufacturer or recycler of small containers of automotive 
refrigerant must report the numbe r 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 re covered must be reported for each 
manufacturer, and for each month. 
(5)(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 re fund 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, pr ojects, 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. 
(6)(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 ea ch component of an educational 
16  
 
 
 
 
 program or the other programs, pr ojects, and measures and funds to be 
spent for that component. Pursuant to section 95366(b)(6), a 
manufacturer or its designee ma y 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. 
(7)(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 report ed 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 pr ior 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 refri gerant. 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. 
Note: Authority cited: Sections 38501, 38505, 38510, 38560, 3856 0.5, 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. 
§ 95367.1. Expiration of Returned Containers for Recycling Reporting 
Requirements. 
The provisions of sections 95367(a)(2), 95367(a)(5), 95367(a)(6), and 95367(a)(9), 
do not apply to small containers of auto motive refrigerant sold on and after 
Jan. 1, 2025. 
17  
 
 
 
 
 
 
 Note: Authority cited: Sections 38501, 38505, 38510, 38560, 3856 0.5, 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. 
§ 95367.2. Use of Unclaimed Deposits. 
(a) On or after January 1, 2025, proceeds fr om unclaimed deposits must be spent 
to support only the following specified acti vities or combinations of activities: 
(1) Repairing motor vehicle air conditioning systems that use a refrigerant 
with a GWP value greater than 150. 
(2) Recovery and reclamation of refriger ants or foams with a GWP value 
greater than 150. 
(b) Administrative costs to support the im plementation of the activities or 
combination of activities specified in section 95367.2(a) must not exceed 5 
percent of total spending of unclaimed deposits annually unless the exceedance 
is approved in advance by the Execut ive Officer. A manufacturer or its designee 
that requests an exceedance of this admi nistrative costs limit for a calendar year 
must submit a request to CARB’s Ex ecutive Officer by e-mail at 
RDDIYreport@arb.ca.gov  no later than May 1 of the calendar year prior to the 
calendar year in which the manufacture r or its designee requests the increased 
administrative cost, and must provide information justifying that request including: identifying programs it has either established or plans to establish to 
support the activities or combination of activities specified in section 95367.2(a), 
accounting or financial statements detaili ng administrative costs it has incurred 
or anticipates incurring associated wi th implementing such activities. CARB’s 
Executive Officer will approve or di sapprove such requests based on the 
information provided by a manufacture r or its designee and the exercise of 
their engineering and business judgment and will inform the manufacturer or its 
designee of the decision within 45 days after receipt of a complete request for the exceedance of administrative cost limit. 
(c) If a manufacturer elects to use a desi gnee to administer and spend unclaimed 
deposits, it may only designate a non-pro fit organization that demonstrates the 
capability to implement and monitor the activities specified in section 95367.2(a). 
(d) A manufacturer that elects to use  a designee to administer and spend 
unclaimed deposits to implement and mo nitor activities or combination of 
activities specified in section 95367.2(a) must first submit  a request no later than 
May 1 of the calendar year prior to the calendar year in which the manufacturer 
18  
 
 
 
 
 
 requests use of a designee, must receiv e approval from CARB’s Executive 
Officer before using a designee. The Ex ecutive Officer will approve the 
designee if the manufacturer provides clear and convincing do cumentation that 
the designee can successfully implement a nd monitor the activities specified in 
section 95367.2(a). The docu mentation must include in formation that: identifies 
the proposed designee, the technical qua lifications and experience of the staff 
persons overseeing the program, a description how the designee meets the 
requirements in section 95367.2(c), and prior experience the designee has in 
implementing greenhouse gas reduction pr ograms. The Executive Officer will 
approve or disapprove such requests base d on the information provided by a 
manufacturer or its designee and the ex ercise of their engineering and business 
judgment, and will inform the manufacturer of the decision within 45 days after 
receipt of a complete request. 
(e) The Executive Officer may revoke the approval of a designee if they determine 
that the information provided by the ma nufacturer in section 95367.2(d) in its 
request to use a designee no longer accurate ly represents the capabilities of 
the entity to implement and monitor the ac tivities or combination of activities 
specified in section 95367.2(a), or on the basis of information that the designee 
is not implementing or monitoring the a ctivities or combination of activities 
specified in section 95367.2(a) in a time ly or capable manner. The Executive 
Officer may make such findings on the basis of information, including reports or documents the designee must submit to  CARB pursuant to section 95367(a)(8), 
and his or her engineering and business judgment, and will inform a 
manufacturer and its designee of their de termination within 45 calendar days 
after acquiring information that indicates the information provided by the manufacturer in section 95367.2(d) no longer accurately represents the 
capabilities of the entity to implement a nd monitor the activities or combination 
of activities specified in section 9 5367.2(a), or that the designee is not 
implementing or monitoring the activiti es or combination of activities specified 
in section 95367.2(a) in a timely or capable manner. 
Note: Authority cited: Sections 38501, 38505, 38510, 38560, 3856 0.5, 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. 
§ 95368. Enforcement. 
(a) Penalties. Penalties may be assessed for any violation of this subarticle pursuant 
to Health and Safety Code section 38580. Each day during any portion of which 
a violation occurs is a separate offense. 
19  
 
 
 
 
 
 
  
 
 
 (b) Injunctions. Any violation of this subarticle may be enjoined pursuant to Health 
and Safety Code section 41513. 
(c) Revocation. The Executive Officer ma y revoke any Executive Order issued 
pursuant to this subarticle for a violation of this subarticle. 
(d) Testing to determine that small container s of automotive refrigerant are in 
compliance with the leakage rate requirement specified in “Certification 
Procedures for Small Containers of Au tomotive Refrigerant” adopted on 
July 20, 2009, and last amended on January 5, 2010,[insert date of
amendment], which is incorporated by  reference herein, shall be performed 
using Test Procedure (TP-503), Test Procedure for Leaks from Small Containers 
of Automotive Refrigerant, adopted July 20, 2009, and last amended on 
January 5, 2010, which is incorporated herein by reference. 
(e) Before seeking remedial action against any manufacturer, distributor, or retailer, the Executive Officer will consider any information provided by the 
manufacturer, distributor, or retailer. 
Note: Authority cited: Sections 38501, 38505, 38510, 38560, 3856 0.5, 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. 
§ 95369. Recordkeeping Requirements. 
(a) Each manufacturer, distributor, and reta iler of small containers of automotive 
refrigerant must retain invoices for a per iod not less than 5 years that show the 
manufacturer, distributor, or reta iler name, business name, physical address, 
contact name, telephone number, fax number, emaile-mail address, web site 
address, sale date, and the quantity of small containers of automotive 
refrigerant purchased or sold. 
(b) Each retailer of small containers of automotive refrigerant must maintain 
records on a manufacturer-specific basis for a period not less than 5 years, and must provide such records to CARB upon request that document, on a calendar 
year basis: 
(1) the amounts of deposits collected under section 95366(a)(1) that are not 
returned or refunded to consumers under section 95366(a)(3), and 
(2) the amounts of deposits collected under section 95366(a)(1) that are not 
returned or refunded to consumers under  section 95366(a)(3), that are 
20  
 
 
 
 
 
 
 
 
 
 
 
 
 transferred to manufacturers or their designees under section 
95366(a)(4). 
(c) Each recovery facility must maintain records for a period not less than 5 years 
that show the number of small container s received, and from whom they were 
received. 
(d) Each recovery facility must maintain records for a period not less than 5 years 
that show the quantity of automotive refrigerant recovered, along with the 
quantity of that recovered refrigerant th at was recycled, reclaimed, or disposed 
of. 
(e) Each manufacturer or its designee must maintain records for a period not less 
than 5 years that show expenditures for educational programs that it funded 
from unclaimed deposits. 
(f) On and after January 1, 2025, each manuf acturer must reta in records for a 
period not less than 5 years: 
(1) Results of the analysis conducted to verify that reclaimed refrigerant 
meets all specifications in 40 C.F.R. Part 82, Subpart F, Appendix A 
(Specifications for Refrigerants) (July 1,  2022), which is incorporated by 
reference in section 95631. 
(2) Documentation that supports that it has not exceeded the maximum allowable virgin refrigerant content. 
(3) Other documentation that shows compliance with the provisions of sections 95366.1(a), 95366.1(b), a nd 95366.1(c). Recordkeeping to show 
compliance with the reclaimed refr igerant requirement may include 
documentation from a refrigerant reclaimer such as receipts or certificates of analysis. 
(f)(g) Records include copies of all invoices, books, correspondence, electronic data, 
or other pertinent documents in the possession or under the control of a 
manufacturer or its designee, distributor, or retailer th at is necessary to prove 
compliance with the requirements of this subarticle. 
(g)(h) The records specified in this section may be stored in paper, electronic, or other 
usable formats. 
(h)(i) The records specified in this section m ust be provided to CARB upon request 
by the Executive Officer or his or her designee. 
21  
 Note: Authority cited: Sections 38501, 38505, 38510, 38560, 3856 0.5, 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. 
§ 95370. Severability. 
Each part of this subarticle is severable, and in the event that any provision of 
this subarticle is held to be invalid, the remainder of this subarticle shall 
continue in full force and effect. 
Note: Authority cited: Sections 38501, 38505, 38510, 38560, 3856 0.5, 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. 
22 