1. (a) For purposes of calculating recycling rates, any process meeting the definition of recycling in subdivision (aa) of section 42041 of the Public Resources Code is recycling, including the production of compost.

2. (b) Unless otherwise provided in this chapter, recycling rate shall be calculated using data and methodology as described below:

   1. (1) Recycling rate shall be calculated as the weight of covered material that is recycled divided by the sum of the total weight of covered material disposed of, as described in paragraph (3), and the weight of covered material recycled, as described in paragraph (2). The recycling rate as of a particular date shall be calculated over the latest twelve-month period before such date for which sufficient data to make the calculation exists.

   2. (2) For the purposes of this calculation, the weight recycled shall be determined as follows:

      1. (A) For end markets specified in paragraphs (1) through (5) of subdivision (b) of section 18980.4, the weight recycled shall be calculated at the point that the material is sold or transferred by a responsible end market as recycled content feedstock that meets the quality standards necessary to be used in lieu of virgin material for the creation of new or reconstituted products. The weight recycled shall be adjusted as necessary to exclude the proportion of the recycled content feedstock derived from materials other than covered material.
      2. (B) For end markets specified in paragraph (6) of subdivision (b) of section 18980.4, the weight shall be calculated at the point that the material is accepted by the responsible end market. Covered material removed for further processing or disposal by the responsible end market after acceptance shall not be included. The disposal portion shall be included in the calculation pursuant to subparagraph (3).
      3. (C) For end markets not specified in paragraphs (1) through (6) of subdivision (b) of section 18980.4, the PRO or Independent Producer shall identify in their study conducted pursuant to paragraph (1) of subdivision (b) of section 18980.4.3 whether subparagraph (A) or (B) of this paragraph is most appropriate for estimating the weight recycled for that end market.

   3. (3) For the purposes of this calculation, the weight disposed of is the sum of the following:

      1. (A) Weight of covered material that is sent to an end market that does not qualify as a responsible end market pursuant to section 18980.4.
      2. (B) Weight of covered material disposed of.

   4. (4) The Department shall consider the following sources of data when calculating recycling rates:

      1. (A) Data from a PRO regarding recycling and generation of covered materials, submitted pursuant to section 42052 of the Public Resources Code.
      2. (B) Data reported by facilities registered with the Recycling and Disposal Reporting System pursuant to sections 18815.1 through 18815.13.
      3. (C) Data provided by local jurisdictions, producers, or other entities.
      4. (D) Data described in paragraph (2) of subdivision (b) of section 42061 of the Public Resources Code that it deems relevant. Data may include information obtained through characterization studies, needs assessments, and other studies.
3. (c) Recycling rate shall be calculated based on the weight of materials, rather than volume or number.

4. (d) Recycling rate shall be calculated for each covered material category, except as established in subdivisions (f) and (g).

   1. (1) For covered material components that are not detachable, a single recycling rate shall be calculated for the covered material category applicable to the item comprising those components rather than calculating a recycling rate for each component.
   2. (2) For covered material components that are detachable, a recycling rate shall be calculated using the covered material category applicable to each component.
   3. (3) If the Department determines that a recycling rate can be calculated for a group of components representing more than one covered material category and that a recycling rate cannot be calculated separately for a covered material category in such group, then the recycling rate of the group shall be used for each covered material category in the group for which an individual recycling rate cannot be calculated.
5. (e) If a recycling rate cannot be calculated because data have not been reported to the Department, then the recycling rate shall be marked as “unreported.” This rate will be assumed not to meet the required rate under subdivision (c) of section 42050 of the Public Resources Code.
6. (f) For a new covered material category created after 2024 for which insufficient information exists to calculate the recycling rate, the recycling rate shall be marked as “‘pending”’ and assumed to achieve the required rate under subdivision (c) of section 42050 of the Public Resources Code, as may be adjusted pursuant to section 42062 of the Public Resources Code. The “‘pending”’ status shall apply until one year of data is available for the covered material category, at which point the recycling rate shall be calculated using that data. The “pending” status shall not be construed as having any effect on whether covered material is considered recyclable or compostable for purposes of subdivision (c) or (d) of section 42061 of the Public Resources Code, or for any other purpose.
7. (g) When a PRO or Independent Producer calculates an estimated recycling rate and reports it to the Department, the methodology described in subdivision (b) or an alternative methodology described in the PRO's or Independent Producer's approved plan shall be used. The Department will approve an alternative methodology as part of a plan if the plan demonstrates that the methodology is the most accurate way to calculate the recycling rate, as defined in subdivision (ab) of section 42041 of the Public Resources Code. The description of the methodology shall explain why the methodology is necessary or otherwise preferable, including any practical limitations on available data underlying the necessity or preferability, and disclose the data and assumptions used in the calculation.

8. (h) For purposes of demonstrating recycling rates pursuant to subdivision (i) of section 42057 of the Public Resources Code:

   1. (1) “All expanded polystyrene” means covered material comprising expanded polystyrene. It does not refer to materials that are not covered materials.
   2. (2) The recycling rate for all expanded polystyrene shall be calculated using the data and methodology set forth in subdivision (b), unless the Department approves an alternative methodology pursuant to subdivision (g). The recycling rate for all expanded polystyrene shall be calculated in a manner consistent with this section.

Note: Authority cited: Sections 40401, 40502 and 42060, Public Resources Code. References: Sections 42041, 42050, 42051, 42052, 42060, 42061 and 42062, 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).