What to Know About California’s New Plastics Law
Since becoming the first state to ban single-use plastic bags in 2014, California has led the nation in single-use plastic restrictions. The state passed a package of legislation in October aimed at tackling plastic pollution, from requiring restaurants and food delivery platforms to provide foodware accessories only upon request (AB 1276) to banning the chasing arrows symbol on non-recyclable items (SB 323). California also became the first state to adopt a comprehensive strategy to reduce microplastics earlier this year, and the state’s attorney general recently made headlines by subpoenaing ExxonMobil for its role in perpetuating the global plastic pollution crisis.
And now, California passed what is being heralded as the nation’s toughest plastic reduction bill.
The Plastic Pollution Reduction & Recycling Act (SB 54), introduced by Senator Ben Allen, was signed into law by California Governor Newsom on June 30 in an effort to promote a pathway toward a circular economy and “turn off the tap” on single-use plastics in California. The bill aims to do this by reducing unnecessary plastic, supporting reuse and refill programs, and holding producers financially accountable for their packaging through extended producer responsibility (EPR) measures.
While this bill sounds perfect at first glance, there’s more than meets the eye. Environmental organizations across California, all with a similar mission to reduce plastic pollution, were divided on SB 54 - some in support, some in opposition, and some, like 5 Gyres, remaining neutral. Read on to understand the nuances of this legislation and what it means for the future of plastics in California.
Plastic water bottles litter the ground in Hollywood, California. ROBYN BECK / AFP via Getty Images
The Basics: What’s Included in SB 54
Requires a 25% decrease in single-use plastic waste by 2032
Requires all single-use packaging and foodware to be recyclable or compostable by 2032. Plastics recycling rate must reach 30% by 2028 and 65% by 2032
Establishes a Producer Responsibility Organization (PRO) to run a collection and recycling program that will meet the law’s targets
Provides $5 billion in funds, paid by producers, to support impacted communities and restore ecosystems
The Good: What We Like
It’s estimated that the bill would eliminate 23 million tons of plastic pollution by 2032.
The reduction and recycling mandates comprehensively target source reduction and apply to ALL single-use materials, not just plastic.
With the current plastics recycling rate at just 5%, the required rate of 65% in 10 years is a huge improvement.
The cost of waste collection and recycling is shifted to producers, rather than taxpayers.
CalRecycle has the authority to increase the plastic reduction requirements if the amount of plastic in the waste stream grows.
Producers will fund mitigation measures to address current and historic harm to environmental justice communities that disproportionately bear the burden of plastic pollution impacts.
The TBD: Room for Improvement
The Producer Responsibility Organization (PRO) gives producers the ability to regulate themselves (with oversight by CalRecycle), which many environmental organizations are not comfortable with.
An outright ban on expanded polystyrene (EPS) is not included. Many environmental justice organizations and plastic pollution advocacy groups see this as falling short and failing to protect communities from toxic exposure of PFAS and styrene chemicals. However, expanded polystyrene will be banned if it doesn’t reach the required recycling rate.
Environmental justice groups believe SB 54 opens the opportunity for waste companies to pivot to chemical recycling methods, like pyrolysis and gasification, which convert plastics into fuel, energy, or back to plastics. At this time, California law does not allow for waste incineration, but critics are skeptical that there may be future loopholes with the ever-changing terminologies.
The use of post-consumer recycled content (i.e. recycled plastic) can count toward the source reduction goal.
What This Means for the Ballot Measure
The California Plastic Waste Reduction Regulations Initiative (formerly known as the California Recycling and Plastic Pollution Reduction Act) was set to be on the ballot in November for California residents to vote on. However, the petitioners backing the ballot initiative agreed to withdraw it if SB 54 passed by June 30, the last day that a ballot measure could be withdrawn. Since SB 54 passed, the ballot initiative will no longer be on the ballot in November.
Looking Ahead
In August, a forthcoming cleanup bill is expected to address some of the concerns around SB 54. This aims to satisfy unhappy stakeholders, many of whom only supported the bill with the promise of certain amendments. Some of the concerns that will be further negotiated and discussed in the cleanup bill include:
Environmental justice groups want a guarantee that incineration, advanced, and chemical recycling will not be permissible through any loopholes.
Scrap metal haulers believe that they should be exempt from regulation by the PRO, and that the parameters of this bill should not apply to them.
Plastics industry groups want bioplastics, specifically materials like PHA and PLA, exempt from CalRecycle’s definition of plastic. Even though they are derived from non-petroleum sources, most bioplastics don’t break down in natural environments and inflict harm on communities and the environment. If this definition changes, it will promote a false solution to the goal of source reduction for single-use plastics.
Although far from perfect, SB 54 is a step forward in addressing the plastic pollution and waste crisis, and California proves yet again to be a leader in the movement. We thank Senator Allen and Governor Newsom for their leadership in championing these efforts for the state of California, and we look forward to continuing our work to reduce plastic pollution not only in California, but around the globe.