In a move that has shocked local governments and lawmakers alike,
the Newsom Administration abruptly hit reset on the
SB 54 (Allen) regulatory process, directing the Department of
Resources and Recycling (CalRecycle) on March 7, 2025, to start
over on crafting rules for the landmark 2022 law. This unexpected
decision delays implementation after more than two years of
stakeholder engagement, throwing California’s single-use plastic
packaging reforms into uncertainty.
SB 54, California’s Plastic Pollution Prevention and Packaging
Producer Responsibility Act, requires the producers of single-use
packaging and food service ware to ensure all covered materials
are 100% recyclable or compostable by 2032 and achieve a 65%
recycling rate that same year. The Act includes single-use
plastic packaging source reduction targets, in addition to $5
billion dollars in funding from plastic resin manufacturers for
“purposes relating to mitigating the environmental impacts of
plastic.”
The law further intended to transfer the cost of collecting,
processing, and recycling specified material from local
governments to producers. The producers would fund and manage
these efforts through a Producer Responsibility Organization
(PRO), overseen by CalRecycle. However, the Newsom
Administration’s decision to restart the regulatory process
raises concerns about how these obligations will be enforced and
whether local governments could be left to shoulder unexpected
costs.
“When California lawmakers and Governor Newsom enacted this law
three years ago, they promised to reduce plastic pollution and
save consumers and local governments money from the rising costs
of waste management. It’s time to do just that,” said
Graham Knaus, Chief Executive Officer of the California State
Association of Counties. “As the Newsom Administration
restarts the regulatory process, counties call on CalRecycle to
ensure that local governments are not at risk of being penalized
if plastic manufacturers fail to comply.”
The delay does present an opportunity to ensure that CalRecycle’s
new regulations clarify that the penalties for non-compliance are
to be levied strictly on industry bad actors, not our counties,
and that local governments will be fully reimbursed for any costs
they bear related to the law’s implementation.
If you have any questions, please contact Jordan Wells, CSAC
Legislative Advocate, at jwells@counties.org.
