Proposed Regulations for the Plastic Pollution Prevention and Packaging Responsibility Act

Proposed Regulations for the Plastic Pollution Prevention and Packaging Responsibility Act

THE PROPOSED PROGRAM: CalRecycle is proposing to implement regulations for the Plastic Pollution Prevention and Packaging Producer Responsibility Act (Senate Bill (SB) 54, Allen, Chapter 75, Statutes of 2022). CalRecycle proposes to add to the California Code of Regulations, Title 14, Division 7, Chapter 11.1 (commencing with section 18980.1) and Chapter 11.5 (commencing with section 18981) regulations to implement, interpret, and make specific the requirements of the Act and establish various elements of CalRecycle’s oversight and enforcement responsibilities under the Act. The Act requires California to fundamentally change its approach to managing the production and disposal of single-use packaging and plastic single-use food service ware (covered material). The Act applies waste hierarchy strategies to reduce the environmental and health impacts of covered material by focusing on waste reduction and moving to a circular economy. The Act facilitates shifting the burden of managing covered material from local governments and ratepayers to the producers of the covered material. The Proposed Program would implement the statutory requirement for producers of covered materials to source reduce plastic covered material by 25 percent by January 1, 2032; to ensure that all plastic covered material offered for sale, distributed in, or imported in or into the state achieves the recycling rate of 65 percent on and after January 1, 2032; and to ensure that all covered material offered for sale, distributed in, or imported into the state on or after January 1, 2032, is recyclable or eligible for being labeled “compostable.” The Act also requires producers to establish a Producer Responsibility Organization (PRO) for the purpose of developing and implementing an Extended Producer Responsibility program for covered material. The Act prohibits a producer from selling, offering for sale, importing, or distributing covered materials in the state unless the producer is approved to participate in the producer responsibility plan of a PRO or alternatively, complies individually outside of a PRO. The Act imposes requirements on producers, including registration, reporting, recordkeeping, and auditing requirements; remittance of surcharges; and budget and annual report preparation. The Act also requires that local jurisdictions and recycling service providers include all covered material deemed by CalRecycle as recyclable and compostable in their collection and recycling programs, except as specified. It is reasonably foreseeable that meeting the Act’s source reduction and recycling rates will incentivize technological innovation and increased use of reusable and refillable products as well as infrastructure to optimize recycling and disposal waste streams, including collection, sorting, and processing facilities. Potential infrastructure development is presented at a program level and does not include site-specific locations or project-level implementation details (e.g., the location(s) of potential future infrastructure is not known at this time).

Statewide

Alameda, Alpine, Amador, Butte, Calaveras, Colusa, Contra Costa, Del Norte, El Dorado, Fresno, Glenn, Humboldt, Imperial, Inyo, Kern, Kings, Lake, Lassen, Los Angeles, Madera, Marin, Mariposa, Mendocino, Merced, Modoc, Mono, Monterey, Napa, Nevada, Orange, Placer, Plumas, Riverside, Sacramento, San Benito, San Bernardino, San Diego, San Francisco, San Joaquin, San Luis Obispo, San Mateo, Santa Barbara, Santa Clara, Santa Cruz, Shasta, Sierra, Siskiyou, Solano, Sonoma, Stanislaus, Sutter, Tehama, Trinity, Tulare, Tuolumne, Ventura, Yolo, Yuba

Statewide

California Air Resources Board (ARB), California Baldwin Hills Conservancy (BHC), California Coachella Valley Mountains Conservancy (CVMC), California Coastal Commission (CCC), California Department of Cannabis Control (DCC), California Department of Conservation (DOC), California Department of Corrections and Rehabilitation (CDCR), California Department of Education, California Department of Fish and Wildlife, Bay Delta Region 3 (CDFW), California Department of Fish and Wildlife, Cannabis Program (CDFW), California Department of Fish and Wildlife, Central Region 4 (CDFW), California Department of Fish and Wildlife, Habitat Conservation Planning (CDFW), California Department of Fish and Wildlife, Inland Deserts Region 6 (CDFW), California Department of Fish and Wildlife, Marin Region 7 (CDFW), California Department of Fish and Wildlife, North Central Region 2 (CDFW), California Department of Fish and Wildlife, Northern and Eureka Region 1 (CDFW), California Department of Fish and Wildlife, South Coast Region 5 (CDFW), California Department of Forestry and Fire Protection (CAL FIRE), California Department of Housing and Community Development (HCD), California Department of Justice, Attorney General's Office, California Department of Parks and Recreation, California Department of Pesticide Regulation (DPR), California Department of Resources Recycling and Recovery, California Department of State Parks, Division of Boating and Waterways, California Department of Toxic Substances Control (DTSC), California Department of Transportation, District 1 (DOT), California Department of Transportation, District 10 (DOT), California Department of Transportation, District 11 (DOT), California Department of Transportation, District 12 (DOT), California Department of Transportation, District 2 (DOT), California Department of Transportation, District 3 (DOT), California Department of Transportation, District 4 (DOT), California Department of Transportation, District 5 (DOT), California Department of Transportation, District 6 (DOT), California Department of Transportation, District 7 (DOT), California Department of Transportation, District 8 (DOT), California Department of Transportation, District 9 (DOT), California Department of Transportation, Division of Aeronautics (DOT), California Department of Transportation, Division of Transportation Planning (DOT), California Department of Water Resources (DWR), California Energy Commission, California Fish and Game Commission (CDFGC), California Governor's Office of Emergency Services (OES), California Highway Patrol (CHP), California Native American Heritage Commission (NAHC), California Natural Resources Agency, California Office of Statewide Health Planning and Development (OSHPD), California Public Utilities Commission (CPUC), California Regional Water Quality Control Board, Central Coast Region 3 (RWQCB), California Regional Water Quality Control Board, Central Valley Fresno Region 5 (RWQCB), California Regional Water Quality Control Board, Central Valley Redding Region 5 (RWQCB), California Regional Water Quality Control Board, Central Valley Sacramento Region 5 (RWQCB), California Regional Water Quality Control Board, Colorado River Basin Region 7 (RWQCB), California Regional Water Quality Control Board, Lahontan South Lake Tahoe Region 6 (RWQCB), California Regional Water Quality Control Board, Lahontan Victorville Region 6 (RWQCB), California Regional Water Quality Control Board, Los Angeles Region 4 (RWQCB), California Regional Water Quality Control Board, North Coast Region 1 (RWQCB), California Regional Water Quality Control Board, San Diego Region 9 (RWQCB), California Regional Water Quality Control Board, San Francisco Bay Region 2 (RWQCB), California Regional Water Quality Control Board, Santa Ana Region 8 (RWQCB), California San Diego River Conservancy (SDRC), California San Joaquin River Conservancy (SJRC), California Santa Monica Mountains Conservancy (SMMC), California State Coastal Conservancy (SCC), California State Lands Commission (SLC), California Strategic Growth Council (SGC), California Tahoe Conservancy, California Transportation Commission (CATC), Central Valley Flood Protection Board, Colorado River Board, Delta Protection Commission, Delta Stewardship Council, Department of Food and Agriculture (CDFA), Department of General Services (DGS), Office of Historic Preservation, San Francisco Bay Conservation and Development Commission (BCDC), San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy (RMC), Santa Monica Bay Restoration, Sierra Nevada Conservancy, State Water Resources Control Board, Division of Drinking Water, State Water Resources Control Board, Division of Drinking Water, District 1, State Water Resources Control Board, Division of Drinking Water, District 10, State Water Resources Control Board, Division of Drinking Water, District 11, State Water Resources Control Board, Division of Drinking Water, District 12, State Water Resources Control Board, Division of Drinking Water, District 13, State Water Resources Control Board, Division of Drinking Water, District 14, State Water Resources Control Board, Division of Drinking Water, District 15, State Water Resources Control Board, Division of Drinking Water, District 16, State Water Resources Control Board, Division of Drinking Water, District 17, State Water Resources Control Board, Division of Drinking Water, District 18, State Water Resources Control Board, Division of Drinking Water, District 19, State Water Resources Control Board, Division of Drinking Water, District 2, State Water Resources Control Board, Division of Drinking Water, District 20, State Water Resources Control Board, Division of Drinking Water, District 21, State Water Resources Control Board, Division of Drinking Water, District 22, State Water Resources Control Board, Division of Drinking Water, District 23, State Water Resources Control Board, Division of Drinking Water, District 24, State Water Resources Control Board, Division of Drinking Water, District 25 (SWRCB), State Water Resources Control Board, Division of Drinking Water, District 26, State Water Resources Control Board, Division of Drinking Water, District 27, State Water Resources Control Board, Division of Drinking Water, District 28, State Water Resources Control Board, Division of Drinking Water, District 3, State Water Resources Control Board, Division of Drinking Water, District 4, State Water Resources Control Board, Division of Drinking Water, District 5, State Water Resources Control Board, Division of Drinking Water, District 6, State Water Resources Control Board, Division of Drinking Water, District 7, State Water Resources Control Board, Division of Drinking Water, District 8, State Water Resources Control Board, Division of Drinking Water, District 9, State Water Resources Control Board, Division of Water Quality, State Water Resources Control Board, Division of Water Rights, State Water Resources Control Board, Divison of Financial Assistance, Tahoe Regional Planning Agency (TRPA), University of California Natural Reserve System (UCNRS)

Waste Treatment:Recycling (MGD 438)

Statewide regulations

Aesthetics, Agriculture and Forestry Resources, Air Quality, Biological Resources, Geology/Soils, Hazards & Hazardous Materials, Hydrology/Water Quality, Land Use/Planning, Mineral Resources, Noise, Population/Housing, Public Services, Recreation, Solid Waste, Transportation, Wildfire