CA Bill Would Amend Plastic Pollution Prevention and Packaging Producer Responsibility Act

California Senate Bill 1231 would amend California’s Plastic Pollution Prevention and Packaging Producer Responsibility Act (SB 54) to allow petitions from producers concerning identification of material as recyclable and would extend an exemption for production of nonrecyclable materials.

As background, one of the requirements imposed by SB 54 is that 100% of single-use packaging and single-use plastic food ware sold in California be recyclable and/or compostable by 2023. The bill further requires the California Department of Resources Recycling and Recovery (CalRecycle) to identify materials that are “trending” (i.e., making progress) towards meeting the standard for recyclability but have not yet reached that standard. Once identified by CalRecycle, those materials could be labeled as recyclable even if they do not yet meet the recyclability requirements under SB 54. 

SB 1231 would allow producers of covered material to petition CalRecycle to identify certain materials that are trending toward being recyclable. CalRecyle would then be required to respond to the petition within 60 days of receipt and, if the petition is accepted, the material could be labeled as recyclable even if it does not fully meet the recyclability standards set by SB 54. 

SB 54 also provides that a product displaying a statement that it is “recyclable” is misleading unless that product is recyclable in the state. However, if CalRecyle updates the requirements for recyclability under SB 54, any materials manufactured up to 18 months after CalRecyle publishes or updates a material characterization study are exempt. If passed, SB 1231 would expand that exemption to include any materials manufactured up to 24 months after CalRecyle publishes or updates a material characterization study.

SB 1231 was introduced on February 15, 2024. On May 23, 2024, it passed the Senate and was ordered to the Assembly.