California continues to be a leader in sustainability with the passage of a series of laws aimed at increasing diversion, waste reduction and consumer knowledge.
SB 54
In 2022, California enacted Senate Bill 54, or the Plastic Pollution Prevention and Packaging Producer Responsibility Act. SB 54 is an extended producer responsibility law aimed at reducing plastic and packaging waste and shifting the cost of recycling this material from the consumer back to the producer. This is done primarily by establishing a framework for development of a producer responsibility organization, an entity which producers join and pay fees to. The PRO then implements and funds waste management, recycling and reduction practices. Circular Action Alliance was selected as the PRO for California and other states.
Additionally, SB 54 mandates that certain sustainability and plastic reduction thresholds be met in the coming years:
- 25% reduction in all single-use plastic packaging and single-use plastic cutlery, plates, cups and containers by 2032.
- 65% recycling rate for all single-use plastic packaging and the same types of single-use plastic food serviceware by 2032.
- 100% of single-use packaging (including non-plastics like glass, ceramic, metal, paper and fiber, and wood and other organics) and single-use plastic food serviceware must be recyclable or compostable by 2032.
Smaller steps toward these goals are required for the years leading up to 2032. For example, single-use plastic packaging and single-use plastic food ware must be reduced by 10% by 2027 and 20% by 2030. Importantly, the 25% reduction and 65% recycling rate requirements only apply to plastic items, while the general requirement that all single-use packaging be recyclable or compostable by 2032 applies to any packaging material covered by the statute.
In order for producers and the PRO to work toward these requirements, the California Department of Resources Recycling and Recovery, the state agency in charge of implementing SB 54, was tasked with establishing a Covered Material Category list to establish which materials are recyclable and compostable at the requisite levels. CalRecycle released its first CMC list on Dec. 28, 2023, and updated it on Jan. 1, 2025. This list helps producers and the PRO determine which materials will meet California’s standards and which materials they need to phase out.
Over the last few years, industry groups, environmental advocates, regulators, lawmakers and the PRO have been working together to determine how the law will be implemented.
On March 7, 2025, the deadline to finalize regulations for SB 54, Gov. Gavin Newsom told CalRecycle to restart the regulatory rulemaking process for SB 54 due to concerns about the potential costs to businesses and consumers. Now that Newsom has ordered negotiators back to the drawing board, it is unclear how and if broader deadlines in the statute will be met.
As it stands, in California, the first major deadline for producers is Jan. 1, 2027. By this date, producers must both join a PRO and reduce single-use plastic packaging and single-use plastic foodware by 10%. Both the PRO and California lawmakers have stated that the statutory timelines remain in effect despite setbacks for regulations.
SB 343
In 2021, the year before SB 54 was enacted, California adopted SB 343, or the “Truth in Recycling” law. This law seeks to give consumers “accurate and useful information related to how to properly handle the end of life of a product or packaging,” primarily through creating stricter requirements for when companies can use the familiar “chasing arrows” symbol or any other indicator of recyclability on products and packaging.
The law requires a minimum demonstrated level of actual recycling for various materials before they can be labeled as recyclable. To this end, SB 343 directed CalRecycle to conduct research and publish data on the materials collected, sorted, sold or transferred for recycling in California, including whether the materials meet recyclability thresholds. Manufacturers and other interested parties can then use the data to determine whether compliant recyclable claims can be made. CalRecycle published its final Material Characterization Study report on April 4, 2025, and manufacturers are required to comply with labeling requirements based on data in this report starting Oct. 4, 2026.
SB 343 and SB 54 are parallel laws. While SB 343 restricts labeling products as recyclable unless certain threshold levels of recycling are met, SB 54 simultaneously mandates that California work toward meeting those thresholds. Additionally, the CMC list for SB 54 is built from the findings of the SB 343 Material Characterization Study.
Other EPR Laws
Outside of California, other states across the nation are prioritizing waste reduction with their own EPR laws, including:
- Maine: Stewardship program for packaging material, Maine Rev. Stat. § 2146 (2021).
- Oregon: Plastic Pollution and Recycling Modernization Act, SB 582 (2021).
- Colorado: Producer Responsibility Program for Statewide Recycling Act, House Bill 22-1355 (2022).
- Minnesota: Packaging Waste and Cost Reduction Act, HF 3911 (2024).
Key Takeaways
SB 54 and SB 343 set ambitious goals for California, and it is not clear that the state is on track to meet them. Because these laws have important deadlines and milestones in the coming months and years, businesses affected by them should stay informed. Registering with CAA, California’s PRO, can help businesses ensure they are receiving the most current information.
We expect that more state EPR laws will be passed in the near future. Prudent businesses that operate nationally should make sure to keep up with these laws to remain compliant in this ever-changing landscape. Competent environmental counsel may be required to navigate these innovative laws.
Sedina L. Banks, Sherry E. Jackman and Bryce Lourié are attorneys in the Environmental Group at Los Angeles-based Greenberg Glusker and specialize in advising clients on complex regulatory compliance matters and litigation.
The views and opinions expressed are those of the author and do not imply endorsement by Resource Recycling, Inc. If you have a subject you wish to cover in an op-ed, please send a short proposal to [email protected] for consideration.
