SB 54 Plastic Pollution Prevention and Packaging Producer Responsibility Act Permanent Regulations

Overview

The Department of Resources Recycling and Recovery (CalRecycle) is proposing permanent regulations for Senate Bill (SB) 54. 

SB 54 establishes the Plastic Pollution Prevention and Packaging Producer Responsibility Act, which imposes minimum content requirements for single-use packaging and plastic food service ware, to be achieved through an extended producer responsibility (EPR) program. 

California’s landmark packaging law is the most significant overhaul of California’s plastics and packaging recycling policy in history. It goes further than any other state on cutting single-use plastic at the source and represents a giant step toward a more circular economy that is essential to combat climate change.

The law establishes California’s largest EPR program by regulating several thousand producers — as many as an estimated 13,615 — whereas other California EPR programs regulate less than 1,000 producers. 

The legislation shifts the plastic pollution burden from consumers to producers, typically the companies that create — or package their products in — single-use packaging and plastic food service ware. Producers must pay $5 billion over 10 years — $500 million per year beginning in 2027 — 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.

The law requires producers to ensure that by 2032:

  • 100% of single-use packaging and plastic food service ware sold in the state is recyclable or compostable;
  • 65% of single-use plastic packaging and food service ware is recycled; and
  • 25% less single-use plastic packaging and food service ware is sold.

Related Links

Affected Regulatory Code Sections

Affected Regulatory Code Sections

CalRecycle is proposing permanent regulations to adopt Title 14, CCR, Division 7, Chapter 11.1:

  • Article 1, section 18980.1
  • Article 2 sections 18980.2, 18980.2.2, 18980.2.3, 18980.2.4, 18980.2.5, and 18980.2.6
  • Article 3 sections 18980.3, 18980.3.1, 18980.3.2, 18980.3.3, 18980.3.4, and 18980.3.5
  • Article 4 sections 18980.4, 18980.4.1, 18980.4.2, 18980.4.3, and 18980.4.4
  • Article 5 sections 18980.5, 18980.5.1 and 18980.5.2
  • Article 6 sections 18980.6, 18980.6.1, 18980.6.2, 18980.6.3, 18980.6.4, 18980.6.5, 18980.6.6, 18980.6.7, and 18980.6.8
  • Article 7 sections 18980.7, 18980.7.1, 18980.7.2, 18980.7.3, 18980.7.4, 18980.7.5, 18980.7.6, and 18980.7.7
  • Article 8 sections 18980.8, 18980.8.1, 18980.8.2, and 18980.8.3
  • Article 9 sections 18980.9 and 18980.9.1
  • Article 10 sections 18980.10, 18980.10.1, and 18980.10.2
  • Article 11 sections 18980.11 and 18980.11.1
  • Article 12 section 18980.12
  • Article 13 sections 18980.13, 18980.13.1, 18980.13.2, 18980.13.3, 18980.13.4, and 18980.13.5
  • Article 14 section 18980.14
  • Article 15 section 18980.15.

CalRecycle is also proposing permanent regulations to adopt Title 14, CCR, Division 7, Chapter 11.5 Article 1 section 18981.

Current Status

The SB 54 Plastic Pollution Prevention and Packaging Producer Responsibility Act permanent regulations were submitted to the Office of Administrative Law (OAL) on February 27, 2024, and published in the California Regulatory Notice Register on March 8, 2024.

CalRecycle is extending the public comment period, and the public comment period will end on May 8, 2024. CalRecycle will hold a hybrid public hearing on April 23, 2024. Details of how to participate and submit comments at this hearing are included below.

Current Documents

Attachment 7: Direct Impacts Model (from the Standardized Regulatory Impact Assessment)
      • CalRecycle Benefits Workbook, CalRecycle, 12/21/2023
      • GaBi database Impacts Workbook, CalRecycle, 12/21/2023
      • Economic Damage Cost for Nine Human Health and Environmental Impacts Report, Oregon Department of Environmental Quality and Oregon Metro, July 2020
      • The International Chemical Secretariat Per- and polyfluoroalkyl substances (PFAS) Report, The International Chemical Secretariat, 2023, 11/20/2023
      • The International Chemical Secretariat Per- and polyfluoroalkyl substances (PFAS) Workbook, CalRecycle, May 2023
      • Keep America Beautiful 2020 National Litter Study, Lead Research Partner: Burns McDonnel, Research Team: Cascadia, Salinas Davis LLC, and Docking Institute of Public Affairs, Fort Hays State University, May 2021
      • Natural Resources Defense Council (NRDC) Waterway Pollution Brief, Leila Monroe, Senior Attorney, Oceans Program, August 2013
      • Natural Resources Defense Council (NRDC)  Waterway Pollution Report, Barbara Healy Stickel, Principal Investigator; Andrew Jahn, Ph.D., Statistician; Bill Kier, Senior Editor; Kier Associates, San Rafael, California, August 2013
      • EPA Social Cost of Greenhouse Gases Report, National Center for Environmental Economics, Office of Policy; Climate Change Division, Office of Air and Radiation; U.S. Environmental Protection Agency, Washington, DC 20460, September 2022
      • Department of Finance (DOF) California State Age Demographics Data Table, Demographic Research Unit, Department of Finance, 07/19/2023
      • Data Axle – Business Statistics Website, Data Axle, 2024
      • Department of Finance (DOF) California County Population Data Table, Demographic Research Unit, Department of Finance, 07/19/2023
      • Department of Finance (DOF) California Household Projections Data Table, Walter Schwarm, Department of Finance, 6/10/2020
      • Department of Finance (DOF) California State Population Data Table, Demographic Research Unit, Department of Finance, 07/19/2023
      • CalRecycle Inspection Costs Workbook – Automotive Trends, United States Environmental Protection Agency (EPA), 12/20/2023
      • CalRecycle Inspection Costs Workbook, CalRecycle, 08/28/2023
      • SB 54 Budget Change Proposal, CalRecycle, 8/04/2022
      • CalRecycle Inspection Costs Workbook – Flight Costs, Southwest Airlines Co., 2024
      • CalRecycle Inspection Costs Workbook – Fuel Costs, AAA Gas Prices, 2023
      • CalRecycle Inspection Costs Workbook – Incidentals, California Department of Human Resources (CALHR), Human Resources Manual, 2024
      • CalRecycle Inspection Costs Workbook – Lodging Costs, Sara Thomas, Hotel Chantelle, 5/25/2023
      • CalRecycle Inspection Costs Workbook – Parking Costs, Joe Cortright, City Commentary, 10/18/2016
      • State of CA Civil Service Pay Scales Data Tables, California Department of Human Resources (CALHR), 06/05/2023
      • CalRecycle Inspection Costs Workbook – Taxi/Ridesharing Costs, Lyft, Inc., 2024
      • CalRecycle Composting Facility Workbook, CalRecycle, 09/26/2017
      • 2021 Disposal Facility-Based Waste Characterization Data Tables, CalRecycle, November 2022
      • City of San Diego Organics Processing Facility Bid Proposal, Sukut Construction, LLC, 04/12/2022
      • Recycling Markets Secondary Materials Market Data, Recycling Markets.net, 09/15/2023
      • Materials Recovery Facility (MRF) Feasibility Study, Metro Waste Authority, June 2018
      • Resource Recycling Sortation by the Numbers Article, Resource Recycling, October 2018, 08/31/2023
      • Cascadia Workbook 1 – Model – Base Tons, Jessica Branom-Zwick and Carolina Paez Jimenez of Cascadia Consulting Group, Inc., 05/30/2023
      • Cascadia Workbook 2 – Model – New Tons, Jessica Branom-Zwick and Carolina Paez Jimenez of Cascadia Consulting Group, Inc., 05/30/2023
      • Cascadia Workbook 3 – Model – Transport, Jessica Branom-Zwick and Carolina Paez Jimenez of Cascadia Consulting Group, Inc., 05/30/2023
      • Cascadia Workbook 4 – Model – Bales, Jessica Branom-Zwick and Carolina Paez Jimenez of Cascadia Consulting Group, Inc., 05/30/2023
      • Cascadia Workbook 5 – Model – Cost, Jessica Branom-Zwick and Carolina Paez Jimenez of Cascadia Consulting Group, Inc., 05/30/2023
      • Cascadia Workbook 6 – Model – Report, Jessica Branom-Zwick and Carolina Paez Jimenez of Cascadia Consulting Group, Inc., 05/30/2023
      • Oregon Plastic Pollution and Recycling Modernization Act Report, Cascadia Consulting Group with Bell & Associates and Circular Matters, 03/14/2023
      • Recycling and Disposal Reporting System Database, CalRecycle, 2024
      • Pricing Freight Transport to Account for External Costs Report, David Austin, Congressional Budget Office, Working Paper Services, March 2015
      • EPA Volume-to-Weight Conversion Factors Report, U.S. Environmental Protection Agency, Office of Resource Conservation and Recovery, April 2016
      • Singapore Packaging Data – Asian Drinks, Singapore Packaging Agreement, January 2020
      • Singapore Packaging Data – Beer, Singapore Packaging Agreement, October 2015
      • Singapore Packaging Data – Biscuits, Singapore Packaging Agreement, July 2016
      • Singapore Packaging Data – Bread, Singapore Packaging Agreement, March 2020
      • Singapore Packaging Data – Breakfast Cereal, Singapore Packaging Agreement, January 2020
      • Singapore Packaging Data – Canned Meat, Singapore Packaging Agreement, March 2016
      • Singapore Packaging Data – Carbonated Beverage, Singapore Packaging Agreement, October 2015
      • Singapore Packaging Data – Chilled Juice, Singapore Packaging Agreement, October 2015
      • Singapore Packaging Data – Cooking Oil, Singapore Packaging Agreement, July 2016
      • Singapore Packaging Data – Dishwashing Liquid, Singapore Packaging Agreement, March 2016
      • Singapore Packaging Data – Fresh Milk, Singapore Packaging Agreement, October 2015
      • Singapore Packaging Data – Instant Noodles, Singapore Packaging Agreement, October 2015
      • Singapore Packaging Data – Liquid Detergent, Singapore Packaging Agreement, December 2015
      • Singapore Packaging Data – Non-Chilled Beverage, Singapore Packaging Agreement, October 2015
      • Singapore Packaging Data – Non-Chilled Juice, Singapore Packaging Agreement, January 2020
      • Singapore Packaging Data – Potato Chips, Singapore Packaging Agreement, May 2016
      • Singapore Packaging Data – Powder Detergent, Singapore Packaging Agreement, December 2015
      • Singapore Packaging Data – Processed Chilled Frozen Packaged Food, Singapore Packaging Agreement, January 2020
      • Singapore Packaging Data – Rice, Singapore Packaging Agreement, January 2020
      • Singapore Packaging Data – Sesame Oil, Singapore Packaging Agreement, January 2020
      • Singapore Packaging Data – Shower Gel, Singapore Packaging Agreement, January 2020
      • Singapore Packaging Data – Toilet Rolls, Singapore Packaging Agreement, January 2020
      • Singapore Packaging Data – UHT Milk, Singapore Packaging Agreement, January 2020
      • Singapore Packaging Data – Water, Singapore Packaging Agreement, October 2015
      • Unlocking a Reuse Revolution: Scaling Returnable Packaging Modelling Technical Appendix, Ellen McArthur Foundation, Systemiq, and Eunomia, 2023
      • Unlocking a Reuse Revolution: Scaling Returnable Packaging Report, Ellen McArthur Foundation, Systemiq, and Eunomia, 2023
      • Plastic IQ Methodology Document, Plastic IQ, Co-developed by The Recycling Partnership, 05/02/2021
      • SB 1013, Atkins. Beverage container recycling, California Legislative Information, 09/28/2022
      • SB 54, Allen. Solid waste: reporting, packaging, and plastic food service ware, State of California Authenticated Electronic Legal Material, Legislative Council Bureau, 06/30/2022
      • AB 1004, Portantino. Solid waste: State Solid Waste Postclosure and Corrective Action Trust Fund, State of California Authenticated Electronic Legal Material, Legislative Council Bureau, 2010
      • 2018 CARE California Carpet Stewardship Program Annual Report, Robert Peoples, Ph.D., Executive Director, Carpet America Recovery Effort (CARE), 2018
      • 2019 CARE California Carpet Stewardship Program Annual Report, Robert Peoples, Ph.D., Executive Director, Carpet America Recovery Effort (CARE), 2019
      • 2020 CARE California Carpet Stewardship Program Annual Report, Robert Peoples, Ph.D., Executive Director, Carpet America Recovery Effort (CARE), 2020
      • 2021 CARE California Carpet Stewardship Program Annual Report, Carpet America Recovery Effort (CARE), 09/01/2022
      • 2021 CARE Participant List, Carpet America Recovery Effort (CARE), 11/23/2021
      • 2023 CARE Manufacturers List, Carpet America Recovery Effort (CARE), 05/19/2023
      • 2018 Mattress Recycling Council Annual Report, Mattress Recycling Council California, LLC, 07/19/2019
      • 2019 Mattress Recycling Council Annual Report, Mattress Recycling Council California, LLC, 09/01/2020
      • 2020 Mattress Recycling Council Annual Report, Mattress Recycling Council California, LLC, 07/01/2021
      • 2021 Mattress Recycling Council Annual Report, Mattress Recycling Council California, LLC, 07/01/2022
      • 2022 Mattress Recycling Council Annual Report, Mattress Recycling Council California, LLC, 06/30/2023
      • 2023 Mattress Recycling Council Brands List, Mattress Recycling Council California, LLC, 07/17/2023
      • 2023 Mattress Recycling Council Distributors List, Mattress Recycling Council California, LLC, 07/17/2023
      • 2023 Mattress Recycling Council Manufacturers List, Mattress Recycling Council California, LLC, 07/17/2023
      • 2023 Mattress Recycling Council Renovators List, Mattress Recycling Council California, LLC, 07/17/2023
      • 2019 PaintCare Annual Report, Jeremy Jones, West Coast Program Manager, PaintCare Inc., 11/01/2019
      • 2020 PaintCare Annual Report, Jeremy Jones, West Coast Program Manager, PaintCare Inc., 11/01/2020
      • 2021 PaintCare Annual Report, Nichole Dorr, California Program Manager, PaintCare Inc., 11/05/2021
      • 2022 PaintCare Annual Report, PaintCare Inc., 11/01/2022
      • 2023 PaintCare Brands List, PaintCare Inc., 08/02/2023
      • 2023 PaintCare Manufacturers List, PaintCare Inc., 08/02/2023
      • 2018 Recycle BC Annual Report, Recycle BC, 2018
      • 2019 Recycle BC Annual Report, Recycle BC, 2019
      • 2020 Recycle BC Annual Report, Recycle BC, 2020
      • 2021 Recycle BC Annual Report, Recycle BC, 2021
      • 2022 Recycle BC Steward List, Recycle BC, 2022
      • 2022 MED-Project – Sharps List, Medication Educations & Disposal (MED-Project) USA, 01/14/2022
      • 2022 MED-Project Annual Report – Drugs, Medication Educations & Disposal (MED-Project) USA, 03/31/2022, 06/01/2022
      • 2022 MED-Project Annual Report – Sharps Waste – Redacted, Medication Educations & Disposal (MED-Project) USA, 03/31/2022, 06/01/2022
      • 2023 MED-Project – Drugs List, Medication Educations & Disposal (MED-Project) USA, 03/05/2023
      • 2023 MED-Project – Sharps List, Medication Educations & Disposal (MED-Project) USA, 03/05/2023
      • 2023 MED-Project Annual Report – Drugs, Medication Educations & Disposal (MED-Project) USA, 03/31/2023
      • 2023 MED-Project Annual Report – Sharps, Medication Educations & Disposal (MED-Project) USA, 03/31/2023
      • 2023 The Drug Takeback Solutions Foundation – Drugs List, The Drug Takeback Solutions Foundation, 06/02/2023
      • 2023 The Drug Takeback Solutions Foundation Annual Report – Drugs, The Drug Takeback Solutions Foundation, 03/31/2023
      • 2023 The Drug Takeback Solutions Foundation Annual Report – Sharps Waste, The Drug Takeback Solutions Foundation, 03/31/2023
      • 2023 The Drug Takeback Solutions Foundation Covered – Sharps List, The Drug Takeback Solutions Foundation, 03/05/2023
    • These documents are available for public inspection during normal business hours at CalRecycle, 1001 “I” Street, 24th Floor, Sacramento, CA 95814. To schedule a time to inspect these documents, please contact Claire Derksen at regulations@calrecycle.ca.gov.

Input from Interested Parties

The written comment period permits any interested person, or their authorized representative, to submit written comments addressing the proposed amendments to CalRecycle. Written comments, which offer a recommendation and/or objection, or support the proposed amendment, should indicate the amended section to which the comment or comments are directed.

CalRecycle will only consider written comments sent to CalRecycle and received during the written comment period, which began on March 8, 2024, and will end on May 8, 2024.

Additionally, CalRecycle requests that written comments reference a subsection or section of the proposed action. Written comments received by CalRecycle after the close of the public comment period will not be responded to in the rulemaking file.

During the comment period, written comments may be submitted via CalRecycle’s public comment portal, which can be accessed here: SB 54 Plastic Pollution Prevention & Packaging Producer Responsibility Act Regulations (45-Day Comment Period).

CalRecycle will additionally hold a hybrid public hearing starting at 9:00 AM (PT) on April 23, 2024. The public hearing will be accessible in person in the Coastal Hearing Room located on the 2nd floor of the CalRecycle headquarters at 1001 I Street, Sacramento, CA. The Coastal Hearing Room is wheelchair accessible.

The public hearing will also be accessible virtually via Zoom, and registration will be required. To attend via Zoom, you must register in advance. Registration is free.

To observe the public hearing via webcast, go to the Public Meeting Live Webcasts. Webcast participants will not be able to ask questions. If you are participating remotely and anticipate providing comments, it is recommended to join through Zoom. No registration is necessary to view the webcast.

Simultaneous Spanish interpretation will be available in-person at the hearing and remotely via Zoom or webcast. For in-person interpretation services, headsets will be available and can be provided by CalRecycle staff prior to or during the hearing. If you need interpretation services in a language other than Spanish, notify CalRecycle at regulations@calrecycle.ca.gov by April 12, 2024, and we will do our best to accommodate your request. 

History

For information on past rulemaking workshops and outreach, visit SB 54 Past Events – CalRecycle Home Page.

Contact

For more information on the SB 54 Plastic Pollution Prevention and Packaging Producer Responsibility Act Permanent Regulations, contact Claire Derksen at regulations@calrecycle.ca.gov.

For more information regarding the SB 54 Implementation Team, visit SB 54: Plastic Pollution Prevention and Packaging Producer Responsibility Act – CalRecycle Home Page.

  • Subscribe to the SB 54 Listserv to receive emails regarding this program.

For more information contact: Legislative and External Affairs Office, lex.office@calrecycle.ca.gov