California
California’s Plastic Pollution Prevention and Packaging Producer Responsibility Act requires producers of residential and commercial single-use packaging and plastic single-use food service ware to join a Producer Responsibility Organization (PRO), and through the PRO, fund the end of life of those materials, which includes processing and recycling. Additionally, the PRO must remit to the state $500 million each year, starting in 2027 and ending in 2037 to be placed in the California Plastic Pollution Mitigation Fund.
On January 8, 2024, CAA was selected by CalReycle as the state’s inaugural, single PRO.
FAQ
Key Information for Producers
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On January 8, 2024, CAA was selected by CalReycle as the state’s inaugural, single PRO.
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CAA’s producer registration is July 1, 2024.
To register, producers must complete CAA’s Covered Producer Registration form. To ease producer compliance, CAA is working to register all producers in Colorado, California, and Oregon by July 1, 2024.
NOTE – Producers may choose to comply with SB 54 as an individual company, provided they meet the conditions in PRC 42051(b)(2). Covered materials that meet certain conditions under PRC 42040(e)(2)(H)(i) - including a 65% recycling rate between 2024 and 2027 – may be exempted from SB 54. -
The statute requires the implementation of a program plan in 2027 that will be funded by producer fees.
CalRecycle may develop rules to clarify the date by which producers must pay fees to the PRO.
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The statute does not specify a date by which participant producers must first report data to the PRO.
CalRecycle may develop rules to clarify the date by which producers must report information to the PRO.
Key Milestones in the Regulatory and Implementation Process
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June 30, 2022
Governor Newsom Signs SB 54.
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July 1, 2023
CalRecycle Makes Advisory Board Appointments.
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September 2023
CalRecycle Releases PRO Application.
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January 1, 2024
PRO Application Deadline.
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January 8, 2024
CalRecycle Selects CAA is the inaugural, single PRO.
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On or Before July 1, 2024
CalRecycle must publish a list of covered material categories.
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Expected Mid-2026
PRO Submits Plan.
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Expected Mid-2026
SB 54 Advisory Board Reviews Plan and Offers Written Comments.
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On or Before Jan 1, 2027
CalRecycle Approves Plan, Program Begins.
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March 1, 2027
PRO Remits First California Plastic Pollution Mitigation Fund Fees.
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July 1, 2027
PRO Remits First Administrative Fees to CalRecycle.
State Rulemaking Updates
Informal Rulemaking
CalRecycle hosted monthly stakeholder workshops from March to July 2023 as part of an informal rulemaking process. Discussion documents and presentation slides from each stakeholder workshop are found on CalRecycle’s SB 54 landing Page.
On December 28, 2023, CalRecycle released proposed draft regulatory text. In addition, it released the following documents: Covered Material Categories List, Covered Materials Categories Supplemental Material, and SB54 Report to the Legislature.
Formal Rulemaking
CalRecycle opened the public comment period for SB 54 on March 8. CalRecycle held a public hearing on April 23, and written comments are due to CalRecycle by May 8, 2024. Please refer to CalRecycle’s Plastic Pollution Prevention and Packaging Producer Responsibility Act Permanent Regulations page for additional details included proposed regulation text and related documents.
CalRecycle released its initial SB 343 (Truth in Labeling) determinations on what can be potentially labeled as recyclable and compostable in California. SB 54 requires CalRecycle to use criteria established by SB 343 to evaluate the potential recyclability and compostability of covered material categories. Formal public hearings will be held in the Spring. Track the rulemaking process, including information on how to comment, on CalRecycle’s Accurate Recycling Labels page.
Advisory Board
An Advisory Board was established to consult with CalRecycle and CAA as the approved PRO on the implementation of SB 54. It is made up of 13 voting members and three nonvoting members appointed by CalRecycle. It includes representatives from local government, environmental and environmental justice organizations, manufacturers, recycling and solid waste enterprises, and retail and grocery associations. As the PRO, CAA serves as a nonvoting member.
CalRecycle has held two meetings with the Advisory Board, including one on March 8 in which CAA presented. For more information on the SB 54 Advisory Board, please visit CalRecycle’s Advisory Board landing page.
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