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Colleen Foster

HF&H Consultants

June 13, 2024

PLASTIC POLLUTION AND PACKAGING PRODUCER RESPONSIBILITY ACT �SB 54: LOCAL IMPACTS

Los Angeles Regional Agency – June 13, 2024

SB 54�PLASTIC POLLUTION AND PACKAGING PRODUCER RESPONSIBILITY ACT�(ALLEN, 2022)

• Most comprehensive extended producer responsibility (EPR) legislation in the nation for single-use plastic packaging and foodware
• Key goals
• Reduce the volume of plastic and other packaging
• Increase recycling
• Shift packaging pollution responsibility to producers
• Shift costs from local jurisdictions/ratepayers
• Provide clarity and consistency for consumers
• Stimulate investment in reuse and refill systems
• Fund clean up efforts in disadvantaged communities

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Image: StopWaste

MATERIALS COVERED BY SB 54

Single-use packaging

Includes plastic, paper, paperboard, metal, glass, multi-layer materials, etc. �

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Plastic single-use food ware

Cups, lids, straws, cutlery, stirrers, lidded containers, trays, plates, clamshells, food wrap, and wrappers

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Image: StopWaste

IN CALIFORNIA, BY 2032:

100%�of single-use packaging and plastic single-use food ware recyclable or compostable

65%� of single-use plastic packaging and food ware recycled��

25% �source reduction �of single-use plastic packaging and food ware�(by weight and unit)��

Images: CalRecycle

Earlier recycling rate requirement for expanded polystyrene foodware (25% by 2025 🡪 65% by 2032)

RECYCLABLE OR COMPOSTABLE?

Recyclable:

• Defined by SB 343;
• Limits chasing arrows;
• 60% threshold

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Image: StopWaste

COMPOSTABLE – YES OR NO?

Compostable:

• AB 1200 and AB 1201
• ASTM Standards; Free of PFAS; and distinguishable from non-compostable products
• “associated with the recovery of desirable organic wastes”
• Accepted by AG by 1/2026
• 50% of collection programs and facilities (75% by 2026)

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Image: StopWaste

IMPLEMENTATION AND ENFORCEMENT

• CalRecycle to:
• Develop regulations (by January 1, 2025)
• Review and approve PRO Plan
• Conduct Needs Assessments and publish recycling rates
• Appoint Advisory Board
• 16 members from different sectors
• Reviews needs assessment and PRO Plan/Budget
• Enforce SB 54
• Penalties and ability to revoke PRO
• New section in regulations for local enforcement

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RECENT SB 54 PROCESS UPDATES

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SB 54 NEEDS ASSESSMENT

• Determines baselines and necessary investments to implement SB 54, such as:
• Collection and processing infrastructure
• End markets and market development
• Education and outreach
• Reuse/refill infrastructure

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Why this matters locally: �Needs Assessment will form the basis for accurate funding of local programs and infrastructure

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• The details of the PRO Plan and Budget will be critical to clarifying SB 54 implementation

• Jurisdictions, service providers, processors, encouraged to track this process

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PRO FUNDING

• $5 billion plastic pollution mitigation fund
• Implementation costs incurred by local jurisdictions or service providers, such as:
• Collection of covered materials
• Investments to improve/expand collection and processing
• Cleaning, sorting, aggregating, and baling
• Transportation of materials to MRFs or end markets
• Waste stream sampling and reporting required by local governments
• Market development
• Source reduction of plastic packaging (including reuse/refill infrastructure)
• Outreach and education

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PRO must

fully fund plan implementation

LOCAL GOVERNMENT IMPLICATIONS

“Local jurisdictions are the backbone of the solid waste management and recycling efforts in California…the new law is intended to shift the burden of costs to collect, process, and recycle materials from local jurisdictions to the producers of plastic products.”

SB 54, 14 CRR Section 42040(b)(2) - (3)

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“It is the intent of the Legislature in enacting this chapter to ensure that local jurisdictions will be made financially whole for any new costs incurred associated with the implementation of this chapter and its implementing regulations.”

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“…these improvements will allow California, going forward, to better harmonize curbside collection programs as local jurisdictions will collect material identified as either recyclable or compostable…”

“This standardization will reduce consumer confusion regarding recycling and composting, reduce costs to ratepayers, and increase system efficiency.”

LOCAL COLLECTION IMPACTS

• CalRecycle required to publish covered materials list (01/01/24), including what is recyclable/compostable in the state
• “Recyclability” defined by SB 343
• “Compostability” defined by AB 1201
• Consideration of responsible end markets

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• Exceptions:
• Passed ordinance regulating that material type prior to 2024
• Exemption requests for: local conditions, program efficiency, impacts to health, environment or environmental justice
• Exemption process outlined in draft regulations (PRO and CalRecycle)

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Jurisdictions are required to collect materials designated recyclable or compostable by CalRecycle

DRAFT SB 54 REGULATIONS:�TAKEAWAYS FOR LOCAL GOVERNMENT

• New sections pertaining to local government:
• Exemption process
• Enforcement
• Outstanding questions
• Timing of collection requirements
• Categories of costs covered
• Reimbursement mechanics
• Roles between jurisdictions/service providers/ PRO
• Timeline for individual producers to join PRO
• Timing around compostability/recyclability provisions
• Clarification of definitions and other provisions

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FOCUS AREAS FOR JURISDICTIONS

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START PLANNING EARLY

• Document and estimate existing costs and any planned investments
• Document and track costs for all program elements
• Identify related jurisdiction policies/agreements
• Consider timing of programs
• Monitor reimbursement and ratepayer support
• Consider regional/operational coordination needs

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HOW TO ENGAGE

SUCCESS OF SB 54 DEPENDS ON EVERYONE’S VOICES BEING HEARD

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UPCOMING MILESTONES

NEXT MILESTONES

• Formal rulemaking (early 2024)
• Workshop + 45-day written comment period
• Second Comment Period (Tentative Summer, 2024)
• Regulations adopted (Jan. 1, 2025)
• Final Covered Materials Category list (Jul. 2024)
• Needs Assessment (2024-2025, timing TBD)
• PRO Plan & Budget (Jan. 1, 2027)

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UPCOMING CALRECYCLE EVENTS

• Next Advisory Board Meeting – June 21, 2024
• Formal Regulatory Workshop (TBD)

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HOW YOU CAN ENGAGE

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THANK YOU!��QUESTIONS AND DISCUSSION?

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HF&H CONSULTANTS

March 6, 2024

THANK YOU. �QUESTIONS?

Colleen Foster

HF&H Consultants

cfoster@hfh-consultants.com

(949) 251-4817