Home Kitchen & Laundry SB 54 & California’s Overhaul of Its Plastics & Packaging Policy

SB 54 & California’s Overhaul of Its Plastics & Packaging Policy

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Glenn Hasek

More than four years ago, on June 30, 2022, California’s Governor Gavin Newsom signed Senate Bill 54 (SB 54), the Plastic Pollution Prevention and Packaging Producer Responsibility Act. According to CalRecycle, SB 54 imposes minimum content requirements for single-use packaging and single-use 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 5,741—whereas other California EPR programs regulate fewer than 1,000 producers.

Pollution Burdon Now on 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 single-use 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 percent of single-use packaging and single-use plastic food service ware sold in the state is recyclable or compostable;
  • 65 percent of single-use plastic packaging and single-use food service ware is recycled; and
  • 25 percent reduction, compared to 2023, in the sale or distribution of single-use plastic packaging and single-use food service ware.

The law requires CalRecycle to adopt permanent regulations.

The bill will provide for its enforcement, including authorizing the imposing of an administrative civil penalty in an amount not to exceed $50,000 per day per violation, except as specified, on any entity that is not in compliance with the act’s requirements. The bill would require the department to deposit collected penalties into the Circular Economy Penalty Account, which the bill would create. The bill would make moneys in the account available upon appropriation by the Legislature for purposes that further the act.

Expanded Polystyrene (EPS) Ban

Triggered by SB 54, it includes an Expanded Polystyrene (EPS) Ban because last year’s 25 percent recycling goal was not met. There is now a statewide ban on selling and distributing EPS foam foodware including clamshells, cups, plates, bowls, and trays made of plastic foam. California joins similar bans in Colorado, Delaware, Maine, Maryland, New Jersey, New York, Oregon, Rhode Island, Vermont, Virginia, and Washington.

Suppliers and buyers would be wise to follow the progress of SB 54 and other similar regulations closely. Be proactive. Change your production and purchasing policies today, not when you are forced to do so.

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