1. (a) Pursuant to subdivision (b) of section 42060.5 of the Public Resources Code, a local jurisdiction or recycling service provider may apply for an extension of, or an exemption from, the requirements of subdivision (a) of section 42060.5 of the Public Resources Code. An application may be submitted regardless of whether the Department has issued a notice of violation alleging noncompliance with those requirements.
2. (b) For purposes of this section, “exemption” also refers to an “extension.” An extension differs from an exemption only in that an exemption becomes effective upon approval and exempts the applicant from the requirement for two years, whereas an extension may be granted before the requirement has taken effect and results in delaying the requirement's applicability for two years beyond when it otherwise would have taken effect.

3. (c) A local jurisdiction or recycling service provider seeking an exemption shall submit an application to the Department electronically via email. If the Department has given notice via its website that an online portal is available for application submittal, the application shall instead be submitted electronically via that portal. The application shall include the following information:

   1. (1) For each entity on whose behalf the application is submitted, the following contact information:

      1. (A) The name, mailing address, and physical address of the entity.
      2. (B) Name, title, phone number, and email address of the individual submitting the request.
      3. (C) If different, the name, title, phone number, and email address of the individual to whom the Department shall direct all communications concerning the exemption.

   2. (2) If the applicant is a recycling service provider, it must notify each local jurisdiction to which it provides services that would be affected by the extension or exemption of its intent to request the exemption. The applicant shall obtain the following information and include it in the application:

      1. (A) Contact information (name, phone number, and email address) for an individual representing the local jurisdiction. The individual identified must be authorized by the jurisdiction to receive all communications regarding the request.
      2. (B) A description of each local jurisdiction's involvement in the application process, including, at minimum, when the applicant notified the local jurisdiction of the intent to submit the application.
   3. (3) The specific covered materials or covered material categories that are the subject of the request.
   4. (4) A description, with supporting documentation, of the specific local conditions, circumstances, and challenges that make it impracticable for the local jurisdiction or recycling service provider to include the specified covered material or covered material categories in their collection and recycling programs. The description must demonstrate that the identified material cannot practicably be included in the collection and recycling programs. The description must also address, at a minimum, the necessity of the exemption with respect to the following considerations: program efficacy; technological or economic limitations; legal restrictions or requirements; effects on the environment, environmental justice, worker health and safety; public health; hazardous waste generation; and transportation safety.
   5. (5) Written notices and comments, if any, received pursuant to subdivision (d) and an explanation of how the applicant addressed them or why it did not do so.

4. (d) No exemption application or renewal request shall be submitted to the Department until after the local jurisdiction or recycling service provider has provided all PROs and Independent Producers the application or advance notice of the renewal request. All PROs and Independent Producers shall have 90 days to review an application, and 30 days to review a notice of a renewal request. During the review period:

   1. (1) Each PRO and Independent Producer may submit comments to the applicant concerning the assertion that collection is impracticable and the relevant conditions, circumstances, and challenges.
   2. (2) Each PRO and Independent Producer shall notify the applicant in writing whether they object to the exemption or extension sought. If a PRO or Independent Producer provides no such notice, they will be deemed not to object.
   3. (3) The parties may agree to extend the 90- or 30-day period or come to an agreement concerning the collection and recycling or composting of the covered materials or covered material categories at issue.
5. (e) The Department shall approve the application if the application establishes that the identified material cannot practicably be included in the collection and recycling programs.
6. (f) If the Department denies the application, the applicant shall not submit a new application for the same material within 90 days of the determination by the Department to deny approval of the application. A new application shall not be submitted unless the specific local conditions, circumstances, or challenges alleged to justify the extension or exemption have changed since submission of the previous application.
7. (g) The Department shall repeal the extension or exemption if it determines that conditions, circumstances, or challenges no longer render compliance impracticable as described in the application.

8. (h) An extension or exemption may be renewed by completing either of the following between 120 and 90 calendar days before the extension or exemption expires:

   1. (1) If the information provided pursuant to paragraph (4) of subdivision (c) is no longer accurate or otherwise no longer establishes impracticability of complying with subdivision (a) of section 42060.5 of the Public Resources Code, the applicant shall submit a new application pursuant to subdivisions (c) and (d).

   2. (2) If the local jurisdiction or recycling service provider maintains that local conditions, circumstances, and challenges described in the original application have not changed and continue to render compliance impracticable, a new application is not required, except that the local jurisdiction or recycling service provider shall:

      1. (A) Notify all PROs and Independent Producers in writing that it intends to request renewal of the extension or exemption on the same basis asserted in the original application.
      2. (B) Complete the procedure described in subdivision (d) and determine whether, considering the comments received, if any, the contents of the original application remain accurate and sufficient to establish impracticability.
      3. (C) If the local jurisdiction or recycling service provider determines that the original application remains accurate and sufficient, it shall request renewal in a letter submitted to the Department electronically via email. If the Department has given notice via its website that an online portal is available for letter submittal, the letter shall instead be submitted electronically via that portal. The letter shall certify that all information in the application remains accurate and that the circumstances described in it continue to render compliance with section 42060.5 of the Public Resource Code impracticable. The letter shall include updates to the information previously submitted pursuant to paragraph (1) of subdivision (c), if necessary. The letter shall include or be accompanied by the comments received, if any, and an explanation of why the comments did not merit an update to the application.
      4. (D) If the local jurisdiction or recycling service provider determines that the original application is no longer accurate or no longer establishes that compliance with section 42060.5 of the Public Resources Code is impracticable, the local jurisdiction shall request renewal by submitting a revised application pursuant to subdivision (c), along with the comments received and an explanation of how the revisions address them.
   3. (3) The Department shall grant renewal of the exemption unless it determines that the conditions, circumstances, or challenges described in the previously approved application no longer establish impracticability.

Note: Authority cited: Section 42060, Public Resources Code. Reference: Sections 42051.1 and 42060.5, Public Resources Code.

History

1. New section filed 5-1-2026; operative 5-1-2026 pursuant to Government Code section 11343.4(b)(3) (Register 2026, No. 19).