Overview
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 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 is proposing emergency regulations to amend Title 14, California Code of Regulations (CCR), Division 2, Chapter 5, Subchapter 12, Section 2975.
Current Status
The Processing Payment emergency regulations are scheduled to be 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 will begin on October 31, 2025, and end on November 5, 2025.
Details of how to submit comments during the comment period are included in the “Input from Interested Parties” section.
Current Documents
- 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
On October 31, 2025, CalRecycle will initiate a 5-calendar day written comment period for the proposed emergency regulations. The public comment period will commence on October 31, 2025, when the emergency regulations are posted on Office of Administrative Law’s (OAL) website. The public comment period will close on November 5, 2025. Written comments should be 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 must be 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 submitting a comment to OAL, a copy of the comment must also be submitted to CalRecycle in one of the following ways:
- CalRecycle’s public comment portal, which can be accessed here: Processing Payment Emergency Regulations Comment Period
- 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
The comment must state that it is about the emergency regulation currently under OAL review and include the topic of the emergency.
Please note that under the California Public Records Act (Government Code section 7920.000 et seq.), your written and oral comments, attachments, and associated contact information (e.g., your address, phone number, email address, etc.) become part of the public record and can be released to the public upon request.
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.