CalRecycle maintains archived information on its website as a record of its activities for use by the public and CalRecycle staff.
Overview
On December 5, 2024, the Office of Administrative Law (OAL) approved the Processing Payment emergency regulations. The regulations were filed with the Secretary of State and became effective on December 5, 2024, and will expire on June 4, 2025.
The Department of Resources Recycling and Recovery (CalRecycle) proposed emergency regulations to amend Title 14, California Code of Regulations, Division 2, Chapter 5, Subchapter 12, Section 2975 that lays out the reasonable financial return calculation for processing payments. This change will help support beverage container recycling in California by establishing, for calendar year 2025, a reasonable financial return of ten percent when calculating processing payments instead of the Dun and Bradstreet index as stated in current regulations, as the index has been discontinued. This change will provide a balance between the risk associated with operating a beverage container recycling center under current market conditions and a return on investment for operators.
Affected Regulatory Code Sections
CalRecycle proposed emergency regulations to amend Title 14, California Code of Regulations (CCR), Division 2, Chapter 5, Subchapter 12, Section 2975.
Current Status
The emergency regulations were approved by OAL effective December 5, 2024. They will expire on June 4, 2025.
The Processing Payment Emergency regulations were submitted to the Office of Administrative Law (OAL) on November 27, 2024, beginning the 10-calendar day emergency rulemaking process. The 5-calendar day public comment period began on November 27, 2024, and ended on December 2, 2024.
Details of how to submit comments during the comment period are included below.
Current Documents
- Notice of Approval of Emergency Rulemaking Action. The notice of approval of the emergency regulations from the Office of Administrative Law.
- Processing Payment Emergency Rulemaking Action. The notice of proposed adoption, amendment or repeal of regulation, and Finding of Emergency.
- Documents Relied Upon Attachment:
- California Integrated Waste Management Board (CIWMB): Meeting Agenda Notes; May 20, 2008, agenda item 9, attachment 3, retrieved from: CIWMB Meeting Notes
- Investopedia “What is the Average Annual Return for the S&P 500?” retrieved from: Investopedia Average Annual Return
- 2019 Federal Acquisition Regulation Section 15.404-4 Contract by Negotiation: Profit; retrieved from: Federal Acquisition Regulation
- Emergency Proposed Regulatory Text. The proposed amendment to the regulations.
- Economic and Fiscal Impact Statement STD 399 (signed) and Economic and Fiscal Impact Statement Narrative. Copy of the Economic and Fiscal Impact Statement form and supporting documentation.
These documents are available for public inspection during normal business hours at CalRecycle, 1001 “I” Street, 24th Floor, Sacramento, CA 95814. To schedule a time to inspect these documents, please contact Shannon Lee at regulations@calrecycle.ca.gov.
Input from Interested Parties
Interested parties had the opportunity to provide input during the public comment period, which commenced on November 27, 2024, when the emergency regulations were posted on OAL’s website. The public comment period closed on December 2, 2024.
History
OAL approved the emergency regulations on December 5, 2024.
On November 27, 2024, CalRecycle initiated a 5-calendar day written comment period for the proposed emergency regulations. The public comment period commenced on November 27, 2024, when the emergency regulations were posted on Office of Administrative Law’s (OAL) website. The public comment period closed on December 2, 2024.
During the public comment period, interested parties had the opportunity to submit comments in the following way:
Written comments needed to be received by OAL and CalRecyclebefore the close of the public comment period on December 2, 2024.
Comments on the proposed emergency regulations were submitted to OAL via email to staff@oal.ca.gov, by fax to (916) 323-6826, or by mail to:
OAL Reference Attorney
300 Capitol Mall, Suite 1250
Sacramento, California 95814
When a comment was submitted to OAL, a copy of the comment was also submitted to CalRecycle in one of the following ways:
- CalRecycle’s public comment portal
- or by mail to:
Shannon Lee
Processing Payment Emergency Regulations
Department of Resources Recycling and Recovery, Regulations Unit
1001 “I” Street, MS-24B
Sacramento, CA 95814
OAL confirmed that CalRecycle received the comment before considering it. The comment must have stated that it was about the emergency regulation currently under OAL review and included the topic of the emergency.
Contact
For more information on the Processing Payment Emergency Regulations, please contact Shannon Lee at regulations@calrecycle.ca.gov.
- Subscribe to the Proposed Regulations Listserv to receive emails regarding rulemaking developments.
For more information regarding the Beverage Container Recycling Program, please visit Beverage Container Recycling Webpage.
- Subscribe to the Beverage Container Recycling Program General Information Listserv and the Beverage Container Recycling Notices: Certified Recyclers/Processors listserv on this webpage to receive emails regarding this program.
Related Links
For more information contact: Legislative and External Affairs Office, lex.office@calrecycle.ca.gov