Senate Bill 54 Implementing Regulations

Senate Bill 54 Implementing Regulations

CalRecycle is proposing to implement regulations for the Plastic Pollution Prevention and Packaging Producer Responsibility Act (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 SB 54 and establish various elements of CalRecycle’s oversight and enforcement responsibilities under SB 54. The implementing regulations are the Proposed Program. SB 54 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). SB 54 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. SB 54 facilitates shifting the burden of managing covered material from local governments to the producers. 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.” SB 54 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. SB 54 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. SB 54 imposes requirements on producers, including registration, reporting, recordkeeping, and auditing requirements; remittance of surcharges; and budget and annual report preparation. SB 54 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 SB 54 source reduction and recycling rates will require the development of infrastructure to optimize recycling and disposal waste streams, including collection, sorting, and processing facilities. Potential infrastructure development will be presented at a program level and may not include site-specific locations or implementation details (i.e., the location(s) of potential future infrastructure is not known at this time). The CEQA document may serve as the first-tier analysis for later, more detailed, site-specific environmental reviews as necessary. CalRecycle or other agencies may use the CEQA document in considering subsequent discretionary actions.

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 Conservation (DOC), California Department of Corrections and Rehabilitation (CDCR), California Department of Fish and Wildlife, Bay Delta Region 3 (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 Parks and Recreation, 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 Fish and Game Commission (CDFGC), California Governor's Office of Emergency Services (OES), California Highway Patrol (CHP), California Natural Resources Agency, 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 Lands Commission (SLC), California Tahoe Conservancy, Central Valley Flood Protection Board, Colorado River Board, Delta Protection Commission, Delta Stewardship Council, 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 Water Quality, State Water Resources Control Board, Division of Water Rights, Tahoe Regional Planning Agency (TRPA), California Native American Heritage Commission (NAHC)

California Native American Heritage Commission (NAHC)

Other (Infrastructure for collection, sorting, processing of recycling)

No Local Action

Aesthetics, Agriculture and Forestry Resources, Air Quality, Biological Resources, Coastal Zone, Cultural Resources, Cumulative Effects, Drainage/Absorption, Economics/Jobs, Energy, Fiscal Impacts, Flood Plain/Flooding, Geology/Soils, Greenhouse Gas Emissions, Growth Inducement, Hazards & Hazardous Materials, Hydrology/Water Quality, Land Use/Planning, Mandatory Findings of Significance, Mineral Resources, Noise, Population/Housing, Public Services, Recreation, Schools/Universities, Septic System, Sewer Capacity, Solid Waste, Transportation, Tribal Cultural Resources, Utilities/Service Systems, Vegetation, Wetland/Riparian, Wildfire