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On October 31, 2022, the Office of Administrative Law (OAL) approved the emergency regulations. The regulations became effective on October 31, 2022 and will expire on May 2, 2023.
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 helps support beverage container recycling in California by establishing, for calendar year 2023, 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
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 October 31, 2022. They will expire on May 2, 2023.
The Processing Payment Emergency Regulations were submitted to the Office of Administrative Law (OAL) on October 20, 2022, beginning the 10-calendar day emergency rulemaking process. The 5-calendar day public comment period began on October 21, 2022 and ended on October 27, 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, and Finding of Emergency
- Documents 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 October 27, 2022.
Comments on the proposed emergency regulations must be submitted directly to OAL within five calendar days of when OAL posts the proposed emergency regulations on the OAL web site. The public comment period will close on October 27, 2022. Written comments should be sent to OAL and CalRecycle and received before the close of the public comment period, no later than 12:00 midnight on October 27, 2022.
You must submit comments on proposed emergency regulations to:
OAL Reference Attorney
300 Capitol Mall, Suite 1250
Sacramento, California 95814
Fax: (916) 323-6826
When you submit a comment to OAL, you must also submit a copy of your comment to CalRecycle via email at firstname.lastname@example.org or by mail to:
Processing Payment Emergency Regulations
Department of Resource Recycling and Recovery, Regulations Unit
1001 “I” Street, MS-24B
Sacramento, CA 95812
OAL will confirm that CalRecycle has received the comment before considering it. The comment must state that it is about the emergency regulation currently under OAL review and include the topic of the emergency.
You may contact Vivian Cruz at email@example.com for additional information.
CalRecycle proposed emergency regulations to set the reasonable financial return rate at 10 percent for calendar year 2022. These emergency regulations were approved by OAL effective December 17, 2021 and expired on June 16, 2022.