Last bite at the plastic apple: Single-use plastics cost recovery comments due Aug. 14

Draft program plan open for public comment until Aug. 14

By Melissa Sparks-Kranz, legislative advocate (environmental quality) 

The state is seeking final input from cities and other stakeholders on its draft plastic pollution prevention plan — including how to compensate local governments and recycling and waste haulers. Cities can provide feedback via a public comment portal and by submitting a letter until Aug. 14.

The regulations are the result of a 2022 landmark law authored by Sen. Ben Allen that requires plastic producers to ensure all packaging is either recyclable or compostable by 2032 and to reimburse local governments for any related costs.

What do the regulations say (or not say)?

In a rare move last year, Gov. Gavin Newsom told CalRecycle to redo the regulations to address “affordability concerns.” Cal Cities expressed deep concerns about these changes, which exclude bioplastics from the overall costs and design of recyclable and compostable products. This will create new costs for local governments, which must separate recyclable and non-recyclable materials in the waste stream.

Cal Cities and others also urged CalRecycle to explicitly outline how manufacturers reimburse cities and recyclers. CalRecycle did not fully clarify the repayment process, punting the conversation to the draft program plan.

What can my city do?

The Circular Action Alliance, a state-appointed nonprofit, is responsible for developing and implementing the program plan. This plan must meet statutory and regulatory requirements under state oversight, which includes a five-year budget, funded by producers, to implement the program.

Cal Cities encourages cities to use this customizable letter when submitting public comments. Cal Cities is specifically asking for:  

• Clearer definitions of eligible costs.
• Specific reimbursement schedules.
• Clearer payment process and mechanisms.
• A universal verification and payment portal for all cities, instead of individual contractual agreements that drive up costs for cities. 
• Coordination among eligible applicants to prevent duplicative payments.  

Comments to the Circular Action Alliance must be submitted via this portal.

What’s next?

SB 54 has come under increasing scrutiny since it passed four years ago. Earlier this year, environmentalists sued the state, arguing the new regulations gutted the law, and 17 other states filed a federal complaint, asking the court to block the law immediately. Federal lawmakers are also weighing changes to the federal definition of bioplastics. Cal Cities opposes the change, as it could undermine SB 54.

Despite these challenges, regulators are still marching forward with implementation. Cal Cities will work to ensure cities are fully reimbursed for the costs associated with the program, as required by law.

For more information about the Circular Action Alliance, please visit circularactionalliance.org/california. For information about CalRecycle’s oversight and SB 54 in general, go to calrecycle.ca.gov/packaging/packaging-epr/.