[Archives] SB 156 Handling Fee Rate Determination Emergency Regulations

CalRecycle maintains archived information on its website as a record of its activities for use by the public and CalRecycle staff. 

Overview

On June 5, 2025, the Office of Administrative Law (OAL) approved the SB 156 Handling Fee Rate Determination emergency regulations. The regulations became effective on June 5, 2025, and will expire on July 1, 2027.

The Department of Resources Recycling and Recovery (CalRecycle) proposed emergency regulations per Public Resources Code (PRC) section 14585(h) in response to Senate Bill (SB) 156 that would establish a new handling fee calculation methodology.

Under the amended regulation, CalRecycle will set the handling fee payment at a baseline rate of $0.0125 per beverage container beginning July 1, 2025, or at a rate based on the biennial cost survey conducted under PRC section 14585(f)(1), whichever is greater. The rate will be adjusted annually to reflect cost of living changes determined by the Department of Finance’s (DOF) California Consumer Price Index (CCPI). The CCPI is based on data from the United States Department of Labor’s Bureau of Labor Statistics.

Affected Regulatory Code Sections

CalRecycle proposed emergency regulations to amend Title 14, California Code of Regulations (CCR), Division 2, Chapter 5, Section 2518.

Current Status

On June 5, 2025, the Office of Administrative Law (OAL) approved the SB 156 Handling Fee Rate Determination emergency regulations. The regulations became effective on June 5, 2025, and will expire on July 1, 2027.

The SB 156 Handling Fee Rate Determination emergency regulations were submitted to the Office of Administrative Law (OAL) on May 27, 2025, beginning the 10-calendar day emergency rulemaking process. The 5-calendar day public comment period began on May 27, 2025, and ended on June 2, 2025.

Current Documents

• Office of Administrative Law Approval Document. The Office of Administrative Law’s official approval of the emergency regulations.
• 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. Copy of 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: 3970 Department of Resources Recycling and Recovery, 2025-26 Governor’s Report
  • Attachment 2: Economic and Fiscal Impact Statement (STD 399)
  • Attachment 3: STD 399 Supplemental Information

All rulemaking documents are 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.

Input from Interested Parties

History

OAL approved the emergency regulations on June 5, 2025.

On May 27, 2025, CalRecycle initiated a 5-calendar day written comment period for the proposed emergency regulations. The public comment period commenced on May 27, 2025, when the emergency regulations were posted on Office of Administrative Law’s (OAL) website. The public comment period closed on June 2, 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 June 2, 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
SB 156 Handling Fee Rate Determination 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.

On November 14, 2024, CalRecycle conducted a workshop in Southern California to solicit feedback from interested parties and to present proposed regulatory concepts updating the methodology to be used for calculating the per-container handling fee paid to eligible participants.

On December 2, 2024, CalRecycle conducted a workshop in Sacramento and online to solicit feedback from interested parties and to present draft regulatory concepts updating the methodology to be used for calculating the per-container handling fee paid to eligible participants.

On February 12, 2025, CalRecycle conducted a workshop in Sacramento and online to solicit feedback from interested parties and to present draft regulatory language updating the methodology to be used for calculating the per-container handling fee paid to eligible participants.

On April 21, 2025, CalRecycle released revised draft regulatory language that included language describing the process for the cost-of-living adjustment (COLA) applied to handling fees to better meet the clarity standard for regulations in Government Code section 11349.1(a)(3). Feedback was requested from the public on this revised language by close of business on April 25, 2025.