On October 7, RCRC submitted comments on CalRecycle’s latest draft regulations seeking to implement the SB 54 single use packaging law.
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 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.
RCRC’s comments expressed appreciation for many of the regulatory changes adopted in response to comments by RCRC and other local government associations. At the same time, RCRC expressed serious concerns that the regulations improperly limit the universe of costs for which local governments can seek cost recovery and could impair the production and use of compost. RCRC also expressed concerns with the proposed dispute resolution framework as well as the categorical exclusions exempting a wide variety of food and agricultural commodity packaging.
While these concerns could be addressed through additional regulatory changes, it is not clear whether CalRecycle will make other significant modifications at this point in the process.
CalRecycle’s proposed regulations can be found here. Read RCRC’s comments here.
For more information, contact RCRC Senior Policy Advocate, John Kennedy.