NWRA State Update: California Senate Bill 54 and Assembly Bill 1371

NWRA State Update: California Senate Bill 54 and Assembly Bill 1371

In California, National Waste & Recycling Association (NWRA) staff are following Senate Bill 54 sponsored by Sens. Ben Allen (D-26), Henry Stern (D-27) and Scott Wiener (D-11). This bill would establish the Plastic Pollution Producer Responsibility Act, which would prohibit producers of single-use, disposable packaging or single-use, disposable foodservice ware products from offering for sale, selling, distributing or importing in or into the state such packaging or products that are manufactured on or after January 1, 2032, unless they are recyclable or compostable. It has been referred to the Senate Committee on Environmental Quality and is scheduled to be heard on April 26.

Staff are also following Assembly Bill 1371 sponsored by Laura Friedman (D-43). The bill passed from the Committee on Natural Resources on April 14 with a vote of 8 to 3 and was re-referred to the Committee on Judiciary. This bill would prohibit an online retailer that sells or offers for sale and delivers purchased products in or into the state from using single-use plastic packaging that consists of shipping envelopes, cushioning or void fill to package or transport the products on and after January 1, 2023, for large online retailers, as defined, and on and after January 1, 2025, for small online retailers, as defined. The bill would prohibit a manufacturer, retailer, producer or other distributer that sells or offers for sale and delivers purchased products in or into the state from using expanded polystyrene packaging to package or transport the products. The bill would require an online retailer that has at least one physical location in the state with in-person sales to provide at all physical locations in the state with in-person sales a take back container for plastic film and expanded polystyrene packaging that provides an opportunity for a customer to return to the location clean plastic film and expanded polystyrene packaging. This bill would establish the At-Store Recycling Program. The bill would require an operator of a store, as defined, to establish an at-store recycling program that provides persons the opportunity to return clean plastic carryout bags and clean durable plastic bags to the store. The bill would require a plastic carryout bag or a durable plastic bag provided by a store to have specified information printed or displayed on the bag, and it would require the placement of a collection bin in each store that is visible and easily accessible to the consumer.