Description
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 2024, a reasonable financial return of ten percent when calculating processing payments instead of the discontinued 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 are scheduled to be submitted to the Office of Administrative Law (OAL) on November 8, 2023, beginning the 10-calendar day emergency rulemaking process. The 5-calendar day public comment period will start on November 8, 2023, and ends on November 13, 2023.
Current Documents
- Notice of Approval of Emergency Rulemaking Action. The notice of approval of the emergency regulations from the Office of Administrative Law.
- Processing Payment Emergency Rulemaking Action. The notice of proposed adoption, amendment or repeal of regulation, and Finding of Emergency
- Documents Relied Upon Attachment:
- Emergency Proposed Regulatory Text. 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.
Stakeholder Input
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 website: https://oal.ca.gov/. The public comment period will close on November 13, 2023. Written comments should be sent to OAL and CalRecycle and received before the close of the public comment period on November 13, 2023.
You must submit comments on proposed emergency regulations to:
OAL Reference Attorney
300 Capitol Mall, Suite 1250
Sacramento, California 95814
Fax: (916) 323-6826
Email: staff@oal.ca.gov
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 5-Day Comment Period;
- via email to regulations@calrecycle.ca.gov;
- or via mail to:
Claire Derksen
Processing Payment Emergency Regulations
Department of Resources 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.
Contact
You may contact Claire Derksen at Regulations@calrecycle.ca.gov for additional information.
Historical Information
CalRecycle proposed emergency regulations to set the reasonable financial return rates at 10 percent for calendar year 2023. These emergency regulations were approved by OAL effective October 31, 2022, and expired on May 2, 2023.
For more information contact: Legislative and External Affairs Office, lex.office@calrecycle.ca.gov