SB 54 Updates

ICYMI: Updated Guidance on Recyclable/Compostable Materials

In case You Missed It, CalRecycle issued updates to its Covered Material Categories (CMC) list list that provides insights and clarification on what materials are likely to be deemed recyclable or compostable in compliance with California’s extended producer responsibility law, SB 54, and also its law limiting use of the chasing arrows symbol and other recyclability claims, SB 343. The initial list was published in December 2023, and by statute was required to be updated by July 1, 2024. The updated list has 94 categories, down from 98 initial categories (and down from over 130 in a previous draft). The determinations as to the recyclability of those categories are still preliminary and will be finalized on January 1, 2025.

Producers of covered materials under California and other state EPR laws will be responsible for the full life cycle of covered materials and must join and fund a Producer Responsibility Organization (PRO) charged with implementing the laws, which in CA is the Circular Action Alliance or CAA.

The CMC list also provides guidance on what materials may be labeled with a chasing arrows symbol. California passed SB 343 in 2021, which prohibits use of the chasing arrows symbol or other recyclability claims unless the materials meet specific requirements.

The law includes a sell-through period for products and packaging manufactured up to 18 months after CalRecycle issues regulations concerning what materials meet those requirements. Finalization of the CMC list (Jan. 1, 2025) is expected to trigger that 18-month grace period.

Read more.

Bonus Q&A Session and Producer Working Group #10

Circular Action Alliance (CAA), CA's approved PRO for the implementation of SB 54, is hosting a bonus questions and answers session this Thursday, August 8, at 11:00 AM PST for all producers who have registered to date with CAA. If you have not registered for this session yet and would like to attend, be sure to register ASAP as registration closes tomorrow.

Additionally, the next Producer Working Group, PWG #10, will be held on August 22 at 10:30 AM PST. PWG #10 will continue the conversation on CAA’s Participant Agreement. The Agreement will outline terms and conditions, confidentiality and verification and auditing requirements for producers. Registered producers should encourage their legal counsel to attend.

Participation in CAA’s PWG is only open to producers who have registered with CAA, their legal counsel and trade associations. To learn more about producer registration click HERE. Registration for the August PWG will close on August 21 at 1:30 pm ET/11:30 am MT/10:30 am PT. Attendees who are not signed up by the August 21 deadline will not be permitted to join the PWG. 

Next Advisory Board Meeting - Friday, August 16

On August 16 from 10:00AM - 4:00PM, CalRecycle will host the next Advisory Board meeting for the implementation of SB 54 (Allen, Chapter 75, Statutes of 2022). During this meeting, the Advisory Board will discuss:

• Updates from CalRecycle on SB 54 Regulations and Needs Assessment Studies
• Discuss Advisory Board Recommendations Regarding Barriers and Solutions to a Circular Economy – Topics: Recyclability/Recycable Covered Items and Costs Covered by Producers

A link to the advisory board agenda can be found on the Advisory Board Repository (Google Drive). For more information, please go to the SB 54 webpage. 

Ways to Attend:

• In-person: Coastal Hearing Room, CalEPA Headquarters, 1001 I Street, 2nd Floor, Sacramento, CA 95914. No registration necessary, attendees may submit public comments.
• Zoom: Registration is required. Attendees may submit public comments. Register to participate via zoom HERE.
• Webcast: No registration necessary and no public comment option. Live stream/watch only. Click HERE to watch.