California will move forward with work on multiple aspects of SB 54, the state’s extended producer responsibility program for packaging, even as it prepares to restart a key regulatory process for the law.
Last week, CalRecycle’s SB 54 advisory board held its first meeting since Gov. Gavin Newsom directed the agency to restart the regulatory process after plans were not finalized by a March 8 deadline. Agency officials said they have not yet determined the timeline for resetting the law’s regulatory process but are ready to line up next steps.
According to a statement from the governor’s office, Newsom has said the new regulatory process should look for ways to minimize “costs for small businesses and working families as much as possible.”
One aspect of a new draft regulation document is expected to address concerns over the program’s costs, said Marcus Santillano, CalRecycle’s EPR program manager.
“We are not starting from scratch. We have a nice draft to work off of for this next round of rulemaking,” Santillano said during the meeting.
CalRecycle will soon submit revised rulemaking documents to the state’s Office of Administrative Law, which will initiate the new round of rulemaking. That will start the clock on a 45-day public comment period. CalRecycle will then submit final documents to OAL for review once all comments and changes have been reviewed.
Some industry stakeholders have applauded the governor’s decision, saying it offers a second chance to create regulations that work for businesses, packaging producers and recyclers. Others say the restart will undermine an extensive public engagement process and defer too much to business interests.
During the advisory board meeting, Chair Timothy Burroughs acknowledged the tension around revising regulations after months of work. “It was unexpected to be diving back into the process … and it was always going to be challenging to get the regulations done,” he said.
Santillano said there’s still plenty to do while the state determines a new timeline for the regulatory restart. Key details written in the law — such as recycling rates, source reduction rates and dates to meet certain timelines — have not changed. “This does not change statutory timelines, and the work has not stopped,” he said.
CalRecycle continues to move forward on key SB 54 deadlines. One is to continue work on a statewide needs assessment required by statute. CalRecycle says it is on track to finalize the contract process for vendors who will help collect data needed to inform that needs assessment. RFP responses are due April 4 for a source reduction material design needs assessment contract, and April 17 for a consumer education and access contract.
Santillano said the state is also working toward a January 2026 deadline to calculate and publish recycling rates for covered material categories, as well as a required annual update to the state’s covered material category list.
