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Official-source process guide · Reviewed October 5, 2026

How California rulemaking works.

A neutral field guide to statutes, regulations, public comments, OAL review and CalRecycle proceedings—so residents, operators and decision-makers can identify what is proposed, what is binding and when to participate.

Use the right legal label

A proposal is not a regulation. Guidance is not a statute.

Always verify the controlling source, legal status, action date and effective date before making a compliance or policy decision.
Source review
October 5, 2026
Next scheduled review
November 2, 2026
Primary authorities
OAL · Legislature · CalRecycle
01 / Legal status

Know what you are reading.

Statute

Law enacted through the Legislature and Governor, or by the voters. The agency must act within the authority the statute grants.

Regulation

A rule adopted under lawful authority and filed after the required process. Verify the current California Code of Regulations text and effective date.

Proposed regulation

A draft under consideration. It is not binding merely because it was noticed, heard, approved by an agency or submitted to OAL.

Workshop, draft or guidance

Useful information that may explain policy or practice, but it does not replace controlling law. Check its authority, scope and current status.

02 / Regular rulemaking

From authority to an effective regulation.

These are the main checkpoints in OAL’s public guide. The actual notice controls the dates, submission method and scope for each proceeding.

  1. 01

    Authority and preliminary work

    The agency identifies statutory authority, researches the problem and develops the proposal. Public involvement may begin before formal notice, especially for complex proposals.

  2. 02

    Formal notice and record

    The formal process begins when the Notice of Proposed Action is published in the California Regulatory Notice Register. The package normally includes express terms, an Initial Statement of Reasons and the economic and fiscal impact form.

  3. 03

    At least 45 days for comments

    Written comments in a regular rulemaking go to the agency using the exact method and deadline in the notice. If no hearing is scheduled, an interested person may request one at least 15 days before the comment period closes.

  4. 04

    Changes and added material

    A substantial change that is sufficiently related to the noticed proposal generally receives at least 15 days of written comment. A substantial change that is not sufficiently related typically requires a new 45-day notice.

  5. 05

    Final Statement of Reasons

    The agency must summarize and respond to timely, relevant comments and explain the final decision in the rulemaking record.

  6. 06

    OAL review

    The agency generally has one year from notice to complete the rulemaking and submit it to OAL. OAL normally has 30 working days to review a regular rulemaking for the APA standards and procedural requirements.

  7. 07

    Filing and effective date

    Approved regulations are filed with the Secretary of State. Regular regulations generally use quarterly effective dates—January 1, April 1, July 1 or October 1—subject to statutory and other recognized exceptions.

Verify the regular process at OAL ↗
03 / Emergency rulemaking

A shorter track—not an absence of process.

An emergency generally requires immediate action to avoid serious harm to public peace, health, safety or general welfare, unless the Legislature has deemed the situation an emergency.

5 calendar days

The public-comment period generally begins when OAL posts the notice. Comments go to OAL, with a copy to the agency.

10 calendar days

OAL generally has ten calendar days to review and decide an emergency filing.

Usually 180 days

An approved emergency regulation generally remains effective for 180 days. An approved readoption can extend it 90 days, usually no more than twice.

Permanent rule

The agency must complete the regular process and submit a certificate of compliance if it wants the emergency text to become permanent.

Verify the emergency process at OAL ↗
04 / Public participation

Write a comment the record can use.

A strong comment connects a precise part of the proposal to evidence, legal criteria and a workable alternative. It does not need to be long.

  1. 1

    Identify the exact text. Cite the section, paragraph, form or statement you support or want changed.

  2. 2

    Describe the real-world effect. State who is affected, what happens, where, when and at what cost or benefit.

  3. 3

    Connect the evidence. Address authority, necessity, clarity, consistency, reference and nonduplication when relevant; attach reliable data.

  4. 4

    Offer workable language. Give an alternative, implementation option or measurement method the agency can evaluate.

  5. 5

    Follow the notice exactly. Use the named recipient and channel, meet the deadline and keep delivery confirmation and a copy.

05 / CalRecycle watch

One agency, several active regulatory programs.

CalRecycle’s current rulemaking index was reviewed October 5, 2026. The index listed work involving beverage-container pilots, battery programs, paint stewardship, and solid-waste and organic-waste handling. Verify each package before acting because notices, text and comment dates can change.

CRV

SB 1113 Pilot Projects Program

CalRecycle's page still lists the September 17 OAL submission and September 22 comment close, but the page reviewed October 5 does not post a final OAL disposition. Do not infer approval from elapsed time.

Open the official proceeding ↗
CRV law desk

Beverage Container authority

Use the CRV laws-and-regulations page for the governing statute, current Title 14 regulations, public notices, archives and enforcement orders.

Open official CRV law index ↗
Other programs

Batteries, paint and waste handling

Do not assume CRV procedures or deadlines apply to another material stream. Open the program-specific rulemaking file and controlling authority.

Review current proceedings ↗
Monthly review · October 5, 2026

No material general APA change identified; one CRV status gap remains.

This review covered official OAL process sources and CalRecycle's rulemaking and CRV records. No material change to the general California APA participation process or OAL standards was identified in the reviewed sources.

Official status

SB 1113 disposition not posted

CalRecycle still displays the September emergency-readoption dates but no final OAL action on the proceeding page. Recyclers and pilot operators should verify OAL and CalRecycle records before treating the text as effective.

Check SB 1113 record ↗
Process boundary

Pink review is not rulemaking

Pink Recycling's stewardship plan is an application review under the dealer-cooperative program, not an APA regulation. Plan comments and approval status must remain separate from rulemaking notices.

Check plan status ↗
Effective rules

Permanent CRV baselines remain

CalRecycle continues to list the dealer-cooperative regulations as effective April 24, 2025 and the new beverage-container regulations as effective July 9, 2026. Use the approved text for operating procedures.

Check new-container record ↗
Prior review · September 26, 2026

The guide established the official-source process baseline and identified SB 1113 as an emergency proceeding requiring status verification.

06 / Monthly review method

A source date is not an action date.

  1. Review the OAL Notice Register, proposed regulations under review, emergency regulations and recent actions.
  2. Review CalRecycle’s proposed-regulations index, CRV laws and notices, and relevant archived proceedings.
  3. Advance a source-review date only after opening and reviewing that source.
  4. Preserve the actual notice, adoption, approval, filing and effective dates; never replace them with the review date.
  5. Archive prior entries and label corrections, proposals and enacted requirements separately.
07 / Official source desk

Open the controlling record.

Participation

OAL: How to Participate in Rulemaking

Regular-rulemaking steps, comment periods, hearings, changes, review and effective dates.

Open official source ↗
Weekly notices

California Regulatory Notice Register

Official weekly notices of proposed regulatory actions and related notices.

Open official source ↗
Pending review

OAL Proposed Regulations Under Review

Rulemaking files currently submitted to OAL for review.

Open official source ↗
Emergency review

OAL Emergency Regulations Under Review

Emergency packages under review and public-comment information.

Open official source ↗
Current proceedings

CalRecycle Proposed Regulations

Current CalRecycle rulemaking packages, notices, documents and comment instructions.

Open official source ↗
CRV authority

CalRecycle Beverage Container Laws & Regulations

The Beverage Container Act, current Title 14 CRV regulations, notices, archives and enforcement orders.

Open official source ↗