1. (a) A PRO, participant producer, or Independent Producer may recommend changes to the CMC list, subject to the same time constraints applicable to information submissions pursuant to paragraph (1) of subdivision (f) of section 18980.2.5.

2. (b) All recommendations shall be submitted electronically via email. If the Department has given notice via its website that an online portal is available for submittal of recommendations, recommendations shall instead be submitted electronically via that portal. Recommendations shall include the following:

   1. (1) A description of the recommended changes, specifying which elements of the CMC list are impacted by the recommended changes.
   2. (2) An identification of covered material categories affected by the recommended changes, including those suggested for addition to or removal from the CMC list.
   3. (3) An explanation of how any changes resulting from accepting the CMC list recommendations will impact the producer responsibility plan, and how the plan must be adapted, if at all, to ensure that producers continue to meet the requirements of section 42050 of the Public Resources Code. As part of this explanation, the PRO shall describe the financial implications, if any, of the recommended changes on the fee schedule for participant producers and eco-modulated formulas.
   4. (4) A list of additional producers, if any, supporting the recommendation, including contact information for each.
   5. (5) An explanation of the necessity of the recommended changes. Such explanation may include, without limitation, data not considered in the existing evaluations, changes in infrastructure, updated acceptance rates at responsible end markets, and new innovations in materials, products, or technologies.
3. (c) Participant producers that submit recommendations to the Department shall additionally submit a copy of such recommendations to any PRO in which they participate. Independent Producers shall submit recommendations to the Department.

4. (d) The Department may request additional information from a PRO, participant producer, or Independent Producer as necessary to decide whether to update the list pursuant to section 18980.2.5 in the manner recommended, such as:

   1. (1) Data, analysis, forecasting, or projections pertaining to the recommendations and a description of the methodologies relied upon.
   2. (2) Financial implications of recommended changes on affected entities, including potential effects of the recommended changes on existing responsible end markets and intermediate supply chain entities and the extent to which the changes will necessitate expansion of existing facilities or creation of new ones.

Note: Authority cited: Sections 40401, 40502, 42060 and 42061, Public Resources Code. Reference: Sections 42041, 42050 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).