This page was archived on 12/17/2021. CalRecycle maintains archived information on its website as a record of its activities for use by the public and CalRecycle staff
The Department of Resources Recycling and Recovery (CalRecycle) is proposing 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 2022, a reasonable financial return of ten percent when calculating processing payments instead of the discontinued Dun and Bradstreet index as stated in regulations. 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. The emergency regulations were approved by the Office of Administrative Law effective on December 17, 2021 and expiring on June 16, 2022.
Affected Regulatory Code Sections
Title 14, California Code of Regulations, Division 2, Chapter 5, Subchapter 12, Section 2975
Current Status and Documents
The Processing Payment Emergency Regulations were approved by the Office of Administrative Law effective December 17, 2021. It expires on June 16, 2022.
- Office of Administrative Law Notice of Approval of Emergency Rulemaking Action.
- Processing Payment Emergency Rulemaking Action. The notice of proposed adoption, amendment or repeal of regulation, Finding of Emergency and Document Relied Upon Attachment.
- Proposed Regulation. 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.
The public comment period ended on December 16, 2021.
CalRecycle proposed emergency regulations to set the reasonable financial return rates at 10 percent for calendar year 2021. These emergency regulations were approved by OAL effective December 14, 2020 and expired on June 15, 2021.