1. (a) A PRO or Independent Producer shall include in its plan the method by which it will identify responsible end markets. At minimum, the plan shall:

   1. (1) Describe how end markets will be identified.
   2. (2) Describe the process by which a PRO or Independent Producer will evaluate whether each end market meets the standards specified in section 18980.4.
   3. (3) To the extent that an end market cannot be identified as, or confirmed to be, responsible without cooperation from the end market or intermediate supply chain entities, describe how such cooperation will be obtained. For example, the plan must explain how the PRO or Independent Producer will ensure that intermediate supply chain entities continue to operate with all required permits, licenses, and other clearances.
2. (b) A PRO or Independent Producer shall maintain records of all contracts or agreements established with end markets and intermediate supply chain entities during the contract term and for at least three years thereafter.
3. (c) A PRO or Independent Producer shall, for at least three years, maintain all records described in subdivision (b) and paragraph (2) of subdivision (a) of section 18980.4 and, if applicable, paragraphs (4) and (6) of subdivision (d) of this section that it receives from end markets and intermediate supply chain entities and shall produce the records to the Department upon written request. Records provided to the Department shall be a public document subject to mandatory disclosure under the California Public Records Act (Division 10 of Title 1 of the Government Code (commencing with section 7920.000)) unless an exemption from mandatory disclosure applies. The Department shall withhold from public disclosure portions of the application that the applicant appropriately identifies as trade secrets, subject to the requirements and limitations set forth in section 18980.14.

4. (d) A PRO or Independent Producer shall identify in its plan any recycling technology that was not a type of mechanical recycling technology in use within the State as of January 1, 2023. Facilities employing such technology must not produce significant amounts of hazardous waste as defined in paragraph (1).

   1. (1) For purposes of paragraph 5 of subdivision (aa) of section 42041 of the Public Resources Code, “significant amounts of hazardous waste” means hazardous waste as defined in section 261.3 of Title 40 of the Code of Federal Regulations that presents a substantial risk of harm to public health, or of contamination of the environment.

      1. (A) Mechanical recycling technologies that were in use within the State as of January 1, 2023 do not produce significant amounts of hazardous waste for the purposes of the Act and this chapter.
      2. (B) The production and management of hazardous waste that is handled and disposed of in compliance with an applicable permit does not present a substantial risk of harm to public health or of contamination of the environment, for purposes of the Act and this chapter. Minor technical violations or minor deviations from permit conditions that do not result in, or are not reasonably likely to lead to, actual environmental harm or harm to public health shall not, by themselves, be considered noncompliance for purposes of this section.
   2. (2) A facility's use of a technology that is not a type of mechanical recycling technology in use within the State as of January 1, 2023 shall not be considered recycling for the covered material processed using it unless the facility operates in a manner consistent with ISO 59014:2024.
   3. (3) A facility using the technology shall not be considered to be recycling the covered material processed unless the facility complies with all applicable requirements established in this Article.

   4. (4) Before it may be considered recycling in the PRO or Independent Producer's program, any facility using the technology must provide to the PRO or Independent Producer:

      1. (A) A description of the technology and how that technology is consistent with the definition of recycling pursuant to subdivision (aa) of section 42041 of the Public Resources Code.
      2. (B) A description of the covered material to be processed and the yield of the recovered material that meets the quality standards necessary to be used for the creation of new or reconstituted products.
      3. (C) The weight (in kilograms) of material processed per calendar month for the last twelve months.
      4. (D) The weight (in kilograms) of hazardous waste as that term is defined in section 261.3 of Title 40 of the Code of Federal Regulations, generated per calendar month for the last twelve months.
      5. (E) The weight (in kilograms) of “acute hazardous waste” as that term is defined in paragraph (2) of subsection (a) of section 261.12 of Title 40 of the Code of Federal Regulations, generated per calendar month for the last twelve months.
   5. (5) In its plan, a PRO or Independent Producer shall justify its conclusion that use of a particular technology does not produce significant amounts of hazardous waste.
   6. (6) A facility using a technology that is included in an approved PRO or Independent Producer plan under this subdivision shall report annually the information identified in paragraph (4) of this subdivision to the PRO or Independent Producer.

Note: Authority cited: Sections 40401, 40502, 42041, 42057 and 42060, Public Resources Code. Reference: Sections 40062, 42041, 42051, 42051.1 and 42057, 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).