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 a reasonable financial return that takes into account other factors such as known cost increases.
Affected Regulatory Code Sections
California Code of Regulations, Title 14, Division 2, Chapter 5, Subchapter 12, Article 2, Section 2975
Current Status and Documents
The Processing Payment Emergency Regulations was submitted to the Office of Administrative Law (OAL) on December 5, 2019. OAL approved the regulations on December 12, 2019.
- Office of Administrative Law Notice of Approval of Emergency Regulatory Action
- Notice of Proposed Emergency Action. The notice of proposed adoption, amendment or repeal of regulation
- Finding of Emergency. A statement of specific facts and findings that the emergency regulatory action is necessary for the immediate preservation of public peace, health, safety, or general welfare.
- Emergency Regulation Text. The regulatory text that includes proposed additions or deletions to the current regulations.
- Economic and Fiscal Impact Statement STD 399 and Economic and Fiscal Impact Statement Narrative. Copy of the economic and fiscal impact statement form and supporting documentation.
The 5-day public comment period from December 5, 2019 to December 10, 2019 has ended.
You may contact Sharon Siozon for additional information.
CalRecycle engaged in emergency rulemaking in 2017 to implement a reasonable financial return for calendar year 2018. As part of that process, CalRecycle held a preliminary public workshop on October 9, 2017 for all interested parties to present the
proposed changes in regulations and allow the public to provide input into the development of the proposed rulemaking and to set the reasonable financial return rates for the 2018 processing payment.
On November 16, 2017, OAL approved emergency regulations to set the reasonable financial return rates for the 2018 processing payment. The emergency regulations expired on May 16, 2018.
CalRecycle proposed emergency regulations to carry the reasonable financial return rates used in 2018 into 2019. These emergency regulations were approved by OAL effective December 13, 2018. These emergency regulations expired on June 13, 2019.
CalRecycle began permanent rulemaking in 2019 to set the reasonable financial return rates, holding a public workshop on July 16, 2019 to solicit feedback from interested parties. This permanent rulemaking is anticipated to complete in 2020.
CalRecycle is pursuing these emergency regulations to set the reasonable financial return rates beginning with the 2020 calendar year.