On May 16th, CalRecycle released revised draft regulations implementing Senate Bill 54 (Allen, 2022) related to single use packaging and food service ware. RCRC provided extensive comments on CalRecycle’s previous regulatory package, which was ultimately abandoned.
While CalRecycle has not begun the formal Administrative Procedure Act process, they are soliciting public comments on an informal draft proposal. RCRC submitted comments on June 3. While the new draft regulations incorporate many additional changes suggested by RCRC and other stakeholders during last year’s regulatory process, several major issues remain quite controversial.
The regulations helpfully provide an exemption from local governments having to collect covered materials for which there is no responsible end market for recycling. The regulations are anticipated to incorporate RCRC suggestions, namely: barring penalties from accruing against local governments and recycling service providers while those entities are seeking exemptions from CalRecycle.
RCRC expressed continuing concern that the regulations appear to limit the universe of costs that can be recovered by local governments from the producer responsibility organization (PRO). SB 54 requires the PRO to reimburse local costs associated with implementing SB 54. To the extent that the regulations narrow the scope of costs that the PRO must reimburse, RCRC warned that local governments may seek to recover the difference through the Commission on State Mandates.
RCRC and other local government associations also continued to object to provisions in the regulation subjecting local governments and recycling service providers to significant penalties for failing to collect all covered materials identified by CalRecycle as recyclable or compostable. RCRC argued that local governments should only be subject to the penalties applicable under other existing state diversion laws. Local government associations, including RCRC, argued that, at a minimum, CalRecycle should provide local governments with a right to cure violations before any penalties begin accruing.
Other major controversial issues include a blanket exemption for most types of food packaging and over-the-counter drugs. These and other changes have drawn strong rebukes from many legislators and stakeholders who argue that they are inconsistent with the statutory framework established in SB 54.
RCRC’s letter can be found here. For more information, contact RCRC Senior Policy Advocate, John Kennedy.