On December 28, CalRecycle released long-anticipated SB 54 draft regulations for public review. 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.
The draft regulatory text can be found here. CalRecycle has not yet initiated the formal rulemaking process, but is expected to do so in the near future. That action will trigger a 45-day comment period during which RCRC and other stakeholders will be able to provide formal comments, express concerns, and suggest modifications to the proposed regulations.
As RCRC previously noted:
“SB 54 marks a tremendous paradigm shift for solid waste management in California, where local governments have traditionally borne the full responsibility for achieving the state’s solid waste management and recycling directives.
“In particular, SB 54 requires single use packaging manufacturers to ensure that covered material is recyclable or compostable, create and fund end markets, and bear responsibility for costs incurred by local agencies and recycling service providers associated with the collection, storage, handling, and marketing of those products. The measure is clear that the Legislature intends to ensure that local jurisdictions will be made financially whole for any new costs incurred associated with the measure.”
Pursuant to SB 54, CalRecycle was required to determine what categories of covered materials are recyclable and compostable. Under Public Resources Code Section 42060.5, all local jurisdictions must include those covered materials determined to be recyclable and compostable in their collection and recycling/composting programs, unless they receive an exemption or extension from CalRecycle. Locals are not precluded from collecting additional materials not included on that list. Importantly, those 19 counties with fewer than 70,000 residents (and cities within those counties) may exempt themselves from this requirement.
RCRC is currently reviewing the draft regulations and will be actively soliciting feedback from counties to guide its advocacy efforts on the proposal. While CalRecycle did integrate some changes RCRC suggested in pre-regulatory workshops, RCRC is concerned that the scope of the proposed enforcement provisions in the draft regulations are inconsistent with and likely exceed the authority provided by SB 54.
For more information, contact RCRC Senior Policy Advocate, John Kennedy.