Landmark Statewide Plastic Reduction Law Makes Progress

CalRecycle, a state agency under the CA Environmental Protection Agency, is currently drafting regulations and the state has the opportunity to make effective and tangible changes to reduce plastic pollution through SB 54: Plastic Pollution Prevention and Packaging Producer Responsibility Act. This comprehensive plastics policy passed in 2022 and if implemented well, could make significant strides in creating equitable refill and reuse systems and supporting zero-waste communities. 

This legislation creates an extended producer responsibility program for packaging and a key component is that it shifts the burden from consumers to producers in addressing the pollution and harm that they have created. Another promising and integral aspect of the law is that producers must pay $5 billion over 10 years beginning in 2027 as mitigation funds to address the environmental impacts of plastic pollution and aid affected environmental justice communities most impacted by the damaging effects of single-use plastic waste.

 This landmark packaging law requires that by 2032 the state will: 

Source: CalRecycle

Providing Recommendations on the Draft Regulations

CalRecycle released draft regulations on March 8, 2024, and solicited public comment on May 8, 2024. Surfrider led the effort and submitted comments along with the 5 Gyres Institute, Heal the Bay, Plastic Pollution Coalition, and the Last Plastic Straw. Overall, we provided recommendations on: 

1. Ensuring Effective Allocation of Mitigation Funds
2. Accurately Calculating Expanded Polystyrene Recycling Rate and Prohibiting EPS Foodware Statewide
3. Prioritizing Effective Source Reduction Through Investments in Refill and Reuse Systems
4. Prohibiting Chemical Recycling, Advanced Recycling, and Related Technologies
5. Ensuring Responsible End Markets
6. Minimizing Exemptions & Increasing Transparency
7. Ensuring Transparency and Accountability
        a. Data Transparency
        b. Producer Responsibility Organization Oversight and Accountability
        c. Need for a Clear Process for Public Comment on the Draft PRO Plans
8. Clarifying & Streamlining Terminology
9. Ensuring Consistent Methodologies are Used to Calculate Post-Consumer Recycled Content, and Not Allow Mass Balance Methodologies

See the full letter here. 

SB 54 Advisory Board

Surfrider represents the ocean advocacy organization seat on the SB 54 Advisory Board. Advisory Board members are made up of 16 members and were appointed by the CalRecycle Director. Members are tasked with identifying barriers and solutions to creating a circular economy and advising CalRecycle, producers, and producer responsibility organizations on SB 54 implementation. The advisory board also came up with recommendations to CalRecycle and submitted a letter on the draft regulations. 

What’s Next

CalRecycle will review and consider all the comments received, release an updated version, and finalize the regulations by January 1, 2025. See the full SB 54 implementation timeline spanning from 2023 to 2032 here.