CalRecycle maintains archived information on its website as a record of its activities for use by the public and CalRecycle staff.
Overview
On November 10, 2025, the Office of Administrative Law (OAL) approved the Processing Payment emergency regulations. The regulations became effective on November 10, 2025, and will expire on May 12, 2026.
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 2026, a reasonable financial return of 10% when calculating processing payments instead of the Dun and Bradstreet index, as stated in the current regulations printed in section 2975, because the index has been discontinued. This will ensure stability in the processing payments to recyclers balancing processing fee costs to beverage manufacturers and state funds.
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 and became effective on November 10, 2025. They will expire on May 12, 2026.
The Processing Payment emergency regulations were submitted to the Office of Administrative Law (OAL) on October 31, 2025, beginning the 10-calendar day emergency rulemaking process. The 5-calendar day public comment period began on October 31, 2025, and ended on November 5, 2025.
Current Documents
- Office of Administrative Law Approval Document. The Office of Administrative Law’s official approval of the emergency regulations. This document is 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 Claire Derksen at Regulations@calrecycle.ca.gov.
- Office of Administrative Law Approved Regulation Text. An accessible version of the final regulation text as approved by the Office of Administrative Law.
- Emergency Rulemaking Action. The notice of proposed adoption, amendment, or repeal of regulations, and Finding of Emergency.
- Proposed Regulation Text. The express language that shows any proposed adoption, amendment, or deletion to the regulations.
- Economic and Fiscal Impact Statement (STD 399) and STD 399 Supplemental Information. The Economic and Fiscal Impact Statement form and supporting documentation.
- Documents Relied Upon. All technical, theoretical, and empirical studies, reports, or similar documents relied upon in developing the proposed regulations.
- Attachment 1: California Integrated Waste Management Board (CIWMB): Meeting Agenda Notes; May 20, 2008, agenda item 9, attachment 3, retrieved from: CIWMB Meeting Notes
- Attachment 2: Investopedia “What is the Average Annual Return for the S&P 500?” retrieved from: Investopedia Average Annual Return
- Attachment 3: 2019 Federal Acquisition Regulation Section 15.404-4 Contract by Negotiation: Profit; retrieved from: Federal Acquisition Regulation
- Attachment 4: Economic and Fiscal Impact Statement (STD 399)
- Attachment 5: STD 399 Supplemental Information
All rulemaking documents listed on this webpage are either available by submitting a PRA request online on the California Public Records Act Requests webpage, or by emailing Regulations@calrecycle.ca.gov. These documents are also 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 Claire Derksen at Regulations@calrecycle.ca.gov.
Inputs from Interested Parties
Interested parties had the opportunity to provide input during the public comment period, which commenced on October 31, 2025, when the emergency regulations were posted on OAL’s website. The public comment period closed on November 5, 2025.
History
OAL approved the emergency regulations on November 10, 2025.
On October 31, 2025, CalRecycle initiated a 5-calendar day written comment period for the proposed emergency regulations. The public comment period commenced on October 31, 2025, when the emergency regulations were posted on OAL’s website. The public comment period closed on November 5, 2025.
During the public comment period, interested parties could submit comments in the following way:
Written comments were sent to OAL and CalRecycle and received before the close of the public comment period on November 5, 2025.
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:
Claire Derksen
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 Claire Derksen 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 to receive emails regarding this program.