1. (a) The Department's identification of covered material categories that are trending towards being considered recyclable as described in subparagraph (B) of paragraph (3) of subdivision (a) of section 42061 of the Public Resources Code shall be subject to this section.

2. (b) To be considered recyclable under this section, a covered material category must first be preliminarily identified by the Department when the Department publishes a material characterization study update or additional information pursuant to clause (ii) or (iii) of subparagraph (B) of paragraph (1) of subdivision (d) of section 42355.51 of the Public Resources Code. The Department may preliminarily identify a covered material category only if it preliminarily concludes that the following conditions are met:

   1. (1) The update to the material characterization study or other available information demonstrates an increase in the collection and sorting of materials within the covered material category.
   2. (2) Such an increase is more likely than not to continue.
   3. (3) Such an increase is more likely than not to result in the covered material category satisfying the requirements of paragraph (2) of subdivision (d) of section 42355.51 of the Public Resources Code before the next mandatory update to the material characterization study.

3. (c) If the Department preliminarily identifies a covered material category pursuant to subdivision (b), it shall publish the basis for its determination on its website and allow 30 days for public review and submission of comments and relevant information and evidence. The Department shall consider submissions only to the extent that they address the following with respect to the covered material category:

   1. (1) The likelihood that the covered material category will satisfy the requirements of paragraph (2) of subdivision (d) of section 42355.51 of the Public Resources Code before the next mandatory update to the material characterization study.
   2. (2) The extent to which statewide recycling programs and alternative collection programs, such as take-back systems, as a whole have contributed to the increases in statewide collection and sorting recognized by the Department. For purposes of this section, “statewide recycling programs” refers to the aggregate of all recycling programs throughout the state administered by local jurisdictions or recycling or composting service providers under contract by a local jurisdiction.
   3. (3) How designation of the covered material category as recyclable on the list maintained pursuant to subdivisions (c) and (e) of sections 42061 of the Public Resources Code is necessary to avoid disruption of ongoing increases in collection, sorting, and development of responsible end markets.

   4. (4) For assertions that such disruption would be caused by the inability to lawfully label particular covered material as “recyclable” or with the “chasing arrows symbol,” as that term is defined in subdivision (f) of section 17580 of the Business and Professions Code, submissions must address, in addition to the factors identified in paragraphs (1) through (3):

      1. (A) How, and to what extent, absence of the covered material category from the recyclable covered material category list inhibits particular covered materials from being considered recyclable pursuant to paragraphs of subdivision (d) of section 42355.51 of the Public Resources Code other than paragraph (2), such as paragraph (4), (5), or (6).
      2. (B) How labeling the covered material as “recyclable” or with the chasing arrows symbol affects consumer behavior, including with respect to disposal for collection by local recycling programs, in a way that will affect whether collection, sorting, and development of responsible end markets will increase.
      3. (C) How, if at all, use of the term “recyclable” or the chasing arrows symbol on labels otherwise will affect collection and sorting operations of recycling programs and development of responsible end markets.
      4. (D) How, if at all, the ability to label items as “recyclable” or with the chasing arrows symbol affects existing alternative collection programs, such as takeback systems, or will affect anticipated alternative collection programs.
4. (d) The Department shall review available information and evidence and confirm or withdraw its preliminary identification of covered material categories. The preliminary identification shall be deemed withdrawn unless it is confirmed within one year after the Department publishes it pursuant to subdivision (b). If the Department confirms any preliminary identification of a covered material category, the Department shall update the status of the covered material category on the list maintained by the Department under subdivisions (c) and (e) of section 42061 of the Public Resources Code. The preliminary identification shall be deemed confirmed when the Department either updates the covered material category on the list maintained pursuant to subdivisions (c) and (e) of section 42061 of the Public Resources Code or publishes on its internet website its decision to do so.

5. (e) The Department shall confirm the identification of a covered material category pursuant to subdivision (d) if the following criteria have been met:

   1. (1) The comments and submissions received pursuant to this section clearly demonstrate, with reference to specific information and evidence, that:

      1. (A) Improvements in statewide recycling programs or alternative collection programs, such as takeback systems, are responsible for the increase in statewide collection and sorting rates underlying the Department's preliminary identification of the covered material category.
      2. (B) Not adding the covered material category to the list maintained by the Department pursuant to subdivisions (c) and (e) of section 42061 of the Public Resources Code will result in disruption of increased collection or sorting of covered materials, or development of responsible end markets.
   2. (2) The comments and submissions received pursuant to this section do not clearly invalidate the Department's preliminary conclusion that the conditions described in subdivision (b) have been satisfied.
6. (f) Identification of a covered material category pursuant to this section shall be reconsidered by the Department according to the process set forth in this section upon each update to the study or publication of additional information pursuant to clauses (ii) or (iii) of subparagraph (B) of paragraph (1) of subdivision (d) of section 42355.51 of the Public Resources Code, unless the Department determines, based on such update, information and evidence previously submitted, and other information and evidence in its possession, that such process is unnecessary for it to determine that the covered material category continues to satisfy the requirements of subparagraph (B) of paragraph (3) of subdivision (a) of section 42060 of the Public Resources Code.

Note: Authority cited: Sections 40401, 40502 and 42060, Public Resources Code. Reference: Sections 42041, 42050, 42061 and 42355.51, 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).