On August 22, CalRecycle began the official Administrative Procedure Act process by releasing proposed SB 54 single-use packaging regulations for public comment. Comments are due by October 7.
SB 54 (Allen) of 2022 requires manufacturers of single use packaging and food service ware to take responsibility for the management and recycling of the products they introduce into the stream of commerce. CalRecycle was required to determine which categories of covered materials are recyclable and compostable; SB 54 also requires all local jurisdictions to include those materials identified by CalRecycle in their collection and recycling/composting programs (unless they receive an exemption or extension from CalRecycle). Those 19 counties with fewer than 70,000 residents (and cities within those counties) may exempt themselves from this requirement.
CalRecycle previously attempted to adopt regulations implementing the bill; however, those proposed regulations were ultimately rejected by Governor Newsom in response to objections raised by the business community. The newly released regulations respond to and address many of the issues raised by RCRC and other local jurisdictions; however, several key issues remain unresolved.
Of particular note, the newly proposed regulations provide categorical exemptions for a large variety of food packaging, which typically makes up a significant portion of the recycling stream. If exempted, those manufacturers would be exempt from obligations to reimburse local governments for managing and recycling those materials.
RCRC remains concerned about the proposed scope of expenditures eligible for reimbursement and how disputes will be resolved.
The proposed regulations can be found here.
For more information, contact RCRC Senior Policy Advocate, John Kennedy.