On October 14, CalRecycle released its much-anticipated revisions to SB 54 single-use plastic packaging draft regulations. The release triggers a 15-day comment period for the public to weigh in on the proposed changes. The revised regulation text can be found here.
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 and 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 submitted extensive comments to CalRecycle on the initial draft of the SB 54 regulations. CalRecycle incorporated several changes suggested by RCRC to reduce program complexity and clarify that the obligation for local governments to include covered materials in their collection programs begins when CalRecycle approves the producer responsibility organization’s (PRO) plan. CalRecycle rejected RCRC’s efforts to exempt local jurisdictions from CalRecycle enforcement, as was contemplated by the law.
A new addition to the proposed regulation is troubling. Local governments called on CalRecycle to provide more clarity on the process by which the PRO will reimburse local governments. In response, the regulations charge the PRO will determining whether a cost is reimbursable and the extent to which it may be reimbursed. This process must avoid “unnecessary burden on local jurisdictions”, which is not nearly as protective of local governments as provided in SB 54. If the local jurisdiction disputes the PRO’s determination, it may pursue mediation and binding arbitration, in which the local government and PRO will both have to share the costs of that process. RCRC is deeply concerned that this framework invests the PRO with far too much power and will ultimately hamstring local interest and ability to seek full reimbursement of implementation costs. This is because the cost of pursuing mediation or binding arbitration are generally too high for many local governments to even consider disputing the PRO’s determination.
Comments on the revised draft regulations are due October 29 and can be submitted electronically here. RCRC will be submitting comments and will work with other local governments and associations in providing feedback to CalRecycle.
For more information, contact RCRC Senior Policy Advocate, John Kennedy.