City input needed as single-use plastics program advances

CalRecycle’s SB 54 Advisory Board to discuss draft program plan this Friday

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

The state is seeking final input from cities on its plastic pollution prevention draft plan — including how to compensate cities under the landmark law. Cities can provide feedback during a meeting on June 26 (virtually or in person) or at a meeting in July. The meeting on Friday will cover how cost recovery will occur, including how to identify covered costs and materials, the reimbursement cost collection analysis process, and other compliance strategies. 

For written comments, the 60-day comment period for the draft plan will end Aug. 14, after which the state must approve it.

Championed by Sen. Ben Allen in 2022, SB 54 requires producers to ensure all packaging is either recyclable or compostable by 2032. Producers must reimburse local governments for any related recycling and composting costs. Over the last year, Cal Cities expressed deep concerns about how producers will reimburse cities under this complex program and how carveouts for certain materials will create new costs for cities.

California plastics rule in the national spotlight

SB 54 has come under increasing scrutiny since it passed four years ago. In a rare move last year, Gov. Gavin Newsom told CalRecycle to redo the rules to address “affordability concerns.” This last-minute shuffling raised concerns among Cal Cities and other supporters over the unintended consequences for cities and ratepayers.

Cal Cities and others urged CalRecycle to explicitly outline how manufacturers reimburse cities and recyclers, including by clearly defining eligible costs, reimbursement schedules, and payment mechanisms. Cal Cities also stated that enforcement on local governments must be limited: Producers, not ratepayers through their utility bills, are responsible for the costs of the new regulations.

The last-minute changes by CalRecycle have drawn two separate legal challenges. In May, environmentalists sued the state, arguing the new regulations gutted the law. Earlier this week, 17 other states filed a federal complaint, asking the court to block the law immediately.

Changing bioplastics definitions could undermine the law

The regulations exclude some non-compostable materials, such as certain bioplastics, from SB 54’s provisions. However, bioplastics generally do not break down as quickly or fully as yard trimmings, food scraps, and other compostable items. Instead, these small plastic pieces contaminate compost, which will drive up costs for cities, limit the usefulness of organic waste recycling programs, and make it harder for cities to comply with the single-use plastic law and SB 1383 — the state’s organic waste rule.

These non-compostable materials must be considered recyclable plastic to comply with SB 54. To that end, Cal Cities is supporting AB 1812 (Aguiar-Curry), a bill that prohibits bioplastic producers from labeling any product made wholly or partially of bioplastic as "compostable" in California. Cal Cities is also opposing the federal H.R. 6832, which establishes national definitions for the terms “recyclable” and “compostable” and preempts different definitions at the state or local level. The bill is strongly supported by industry groups.  

What’s next?

Cal Cities will work to ensure cities are fully reimbursed for the costs associated with the program. Comments to the SB 54 Advisory Board, a legislatively formed public body with diverse representatives, is an important way for all stakeholders to discuss the rulemaking processes and the planning efforts.

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