1. (a) No later than the date the Department first approves a PRO's plan, local jurisdictions and recycling service providers shall satisfy the requirement of subdivision (a) of section 42060.5 of the Public Resources Code that their collection and recycling programs include all covered materials within the covered material categories included in the CMC list pursuant to subdivisions (c) and (d) of section 42061 of the Public Resources Code. For all purposes under the Act, the term “recycling programs” encompasses composting-related collection and processing.
2. (b) Covered material is considered included in a local jurisdiction or recycling service provider's collection and recycling program if the local jurisdiction or recycling service provider collects the covered material and transfers it to responsible end markets directly or to intermediate supply chain entities. The local jurisdiction or recycling service provider shall not be required to establish the availability of a responsible end market to ultimately recycle the covered material. However, the absence of responsible end markets shall be deemed a local condition, circumstance, or challenge rendering inclusion of the covered material in the program impracticable for purposes of subdivision (b) of section 42060.5 of the Public Resources Code and paragraph (4) of subdivision (c) of section 18980.11.1.
3. (c) As provided in subdivision (g) of section 18980.2.5, a change to the CMC list pursuant to subdivision (e) of section 42061 of the Public Resources Code that imposes additional obligations on local jurisdictions or recycling service providers does not affect the obligations of local jurisdictions or recycling service providers under subdivision (a) of section 42060.5 of the Public Resources Code until one year after the change. If a local jurisdiction or recycling service provider submits a request to the Department for an extension or exemption pursuant to subdivision (b) of section 42060.5 of the Public Resources Code before the end of that one-year period, the requirement of subdivision (a) of section 42060.5 of the Public Resources Code shall not take effect with respect to the additional obligations until the Department decides whether to grant or deny the request.

Note: Authority cited: Section 42060, Public Resources Code. Reference: Sections 42060.5 and 42061, Public Resources Code.

History

1. New article 11 (sections 18980.11-18980.11.2) and section filed 5-1-2026; operative 5-1-2026 pursuant to Government Code section 11343.4(b)(3) (Register 2026, No. 19).