Overview
The Department of Resources Recycling and Recovery (CalRecycle) is proposing emergency regulations to amend section 2975, Subchapter 12, Chapter 5, Division 2, Title 14, of the California Code of Regulations (CCR) 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 2027, 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 continue the current 10% rate into 2027 ensuring 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, 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 November 12, 2026, beginning the 10-calendar day emergency rulemaking process. The 5-calendar day public comment period will begin on November 12, 2026, and end on November 17, 2026.
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. Unsigned copy of the Economic and Fiscal Impact Statement form and supporting documentation. The original version with signature approval is on file.
- Documents Relied Upon. All technical, theoretical, and empirical studies, reports, or similar documents relied upon in developing the proposed regulations.
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 Kamyab Mashian at Regulations@calrecycle.ca.gov.
Input from Interested Parties
On November 12, 2026, CalRecycle will initiate a 5-calendar day written comment period for the proposed emergency regulations. The public comment period will commence on November 12, 2026, when the emergency regulations are posted on Office of Administrative Law’s (OAL) website. The public comment period will close on November 17, 2026. Written comments should be sent to OAL and CalRecycle and received before the close of the public comment period on November 17, 2026.
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:
Kamyab Mashian
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.
By submitting a written comment to CalRecycle in connection with this rulemaking action you shall be deemed to have expressly indicated a willingness to receive a notice by means of an electronic written communication via email unless you specifically request CalRecycle to deliver its notice(s) via non-electronic communication.
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 Kamyab Mashian 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 (BCRP), please visit the Beverage Container Recycling webpage.
Subscribe to the Beverage Container Recycling Program General Information email list to receive emails about the beverage container recycling program and all beverage container recycling rulemaking activities.
Subscribe to the Beverage Container Recycling Notices: Certified Recyclers/Processors email list to receive emails that impact recyclers and processors and subscribe to the Beverage Container Recycling Notices: Manufacturers/Distributors to receive emails that impact beverage manufacturers and distributors.