California Legislature passes extended producer responsibility bill for plastics

The California Senate passed June 30 legislation that would create the US' most ambitious state program to reduce single-use plastic consumption and to encourage recycling, especially of plastic packaging, a bill Governor Gavin Newsome is expected to sign.

The Plastic Pollution Prevention and Packaging Producer Responsibility Act passed the Senate with a unanimous 29-0 vote, a day after the state Assembly passed it 67-2. Newsom and is expected to quickly sign the bill, effective immediately. The extended producer responsibility bill was first introduced in 2019 and has since gone through several versions.

With the development of this bill, it is up to aproducer responsibility organization to fund and run a collection and recycling program with oversight from CalRecycle. CalRecycle will have the authority to run the program if the PRO fails to meet expectations.

Key features of the bill include a 25% reduction of single-use plastic packaging and foodware and a goal of at least 65% recycled materials by 2032. All other covered materials offered for sale, distribution or imported into the state must be recyclable or compostable and meet specified recycling rates.

Additionally, this bill will introduce eco-modulated fees charged to producers, meaning that easily recyclable plastics will have lower fees than plastics that are harder to recycle. These fees are meant to encourage producers to use sustainable, recyclable or reusable materials with the primary goal of spurring recycled end-markets.

Also, the bill sets up a California Plastic Pollution Mitigation Fund, funded by the PRO, to address existing environmental damage and health impacts. This fund is $500 million annually, and it is 60% focused on low-income, disadvantaged and rural communities. This clause is meant to hold producers responsible for past and future choices.

In July 2021, Maine was the first state to approve an EPR bill, followed by Oregon. Momentum in other states is growing but the bills have yet to pass through legislatures.