1. (a) The Department shall review and, if necessary, update the CMC list within the applicable timeframe specified by subdivisions (e) or (f) of section 42061 or subdivision (a) of section 42082 of the Public Resources Code. The period during which the list must be reviewed and updated pursuant to subdivisions (e) or (f) of section 42061 of the Public Resources Code shall be based on calendar years, not the date of the most recent review or update.
2. (b) For purposes of subdivision (a), updates are necessary if new information or changed circumstances renders the list out of date, incomplete, or otherwise inaccurate with respect to how it relates to waste generation and the handling and end-of-life management of covered material.
3. (c) To update covered material category recycling rates, the Department shall review the sources of information identified in paragraph (2) of subdivision (b) of section 42061 of the Public Resources Code and any additional information submitted pursuant to paragraph (3) of subdivision (f) of section 42061 of the Public Resources Code. Data and information obtained by the Department through characterization studies, needs assessments, or other studies shall be considered data and information received by the Department for purposes of subparagraph (l) of paragraph (2) of subdivision (b) of section 42061 of the Public Resources Code.
4. (d) To update the compostability determinations of the CMC list pursuant to subdivision (e) of section 42061 of the Public Resources Code, the Department shall apply the criteria set forth in subdivision (b) of section 18980.3.3.
5. (e) To update the recyclability determinations of the CMC list pursuant to subdivision (e) of section 42061 of the Public Resources Code, the Department shall follow the requirements and apply the criteria set forth in section 18980.3.

6. (f) Subject to the following restrictions, persons may submit information to the Department for consideration.

   1. (1) If the information is submitted after April 1 in a given year, the Department will consider the information for purposes of updates made during that year only if it determines that the information is sufficiently limited such that the Department can evaluate it before January 1 of the next calendar year.
   2. (2) Information intended to inform the Department's review of, or updates to, the CMC list shall be submitted electronically via email. If the Department has given notice via its website that an online portal is available for submittal of the information, the information shall instead be submitted electronically via that portal.
7. (g) Notwithstanding any other provision of this chapter, updates to the CMC list that impose additional obligations on local jurisdictions or recycling service providers under subdivision (a) of section 42060.5 of the Public Resources Code shall not take effect with respect to those obligations until one year after the CMC list incorporates the change or, if the Department publishes the updated list with an effective date later than the publication date, one year after such publication.

Note: Authority cited: Sections 40401, 40502, 42060 and 42061, Public Resources Code. Reference: Sections 42041, 42060.5 and 42061, 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).