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Legislators urge Newsom and waste administration to comply with plastic regulation statutes

Lawmakers from various districts have collectively penned a letter to the governor and CalRecycle, advocating for the dismissal of regulations proposed for implementation of a major plastic legislation, arguing these regulations contradict the law's intent.

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Lawmakers sign letter push back against regulations, claiming they disregard the statue of a passed...
Lawmakers sign letter push back against regulations, claiming they disregard the statue of a passed plastic law.

Legislators urge Newsom and waste administration to comply with plastic regulation statutes

California Lawmakers Criticize CalRecycle's Draft Regulations for Plastic Waste Reduction Bill

California lawmakers have voiced concerns about proposed rules by CalRecycle to implement Senate Bill 54, a law aiming to limit single-use plastic waste. The legislators accused CalRecycle of overstepping its authority by drafting regulations that do not strictly adhere to the legislation's terms, potentially weakening its environmental objectives.

In a letter addressed to Governor Gavin Newsom and top administrators, 23 state lawmakers pointed out inconsistencies between CalRecycle's proposed regulations and SB 54. They argued that the regulations exceed CalRecycle's legal authority and contradict the law's intent.

The law's authors, Senators Catherine Blakespear (D-Encinitas) and Benjamin Allen (D-Santa Monica), signed the letter, which was also supported by 21 other lawmakers, including Sen. John Laird (D-Santa Cruz) and Assemblymembers Al Muratsuchi (D-Rolling Hills Estates) and Monique Limón (D-Goleta).

CalRecycle introduced the informal draft regulations two weeks ago to implement the law, which was enacted by Allen and signed into law by Newsom in 2022. The lawmakers' criticisms focus on the potential approval of polluting recycling technologies, as well as expansive exemptions for products and packaging regulated by the U.S. Department of Agriculture and the Food and Drug Administration.

These blanket exemptions, the lawmakers warned, not only contravene the law but risk significantly increasing costs for California's jurisdictions, which are tasked with cleaning up plastic waste throughout the state. Furthermore, the regulations grant producers the power to unilaterally determine which products are subject to the law without requiring substantiation.

CalRecycle maintained that the draft regulations aim to minimize costs for small businesses and families. In a workshop held at the agency's headquarters in Sacramento this week, CalRecycle staff acknowledged concerns regarding certain provisions and pledged to adapt the regulations through a "robust conversation" to ensure they align with the original law's intent.

The controversy arising from CalRecycle's draft regulations comes after Newsom rejected the agency's initial effort at drafting regulations due to concerns that the rules could increase costs to California households and jurisdictions if improperly implemented. Critics allege that the new regulations potentially cater to the industry, which could result in even higher costs for both California households and the state's various jurisdictions.

Extended Producer Responsibility (EPR) laws, the legislative model behind Senate Bill 54, aim to shift waste removal and disposal costs from state jurisdictions and taxpayers to the industries producing the waste. The objective is to encourage a circular economy where product and packaging producers develop materials that can be reused, recycled, or composted.

Sources:

  • "CalRecycle drafts revised plastic recycling rules that are more friendly to industry" (CALmatters, 2023)
  • "California Board Voted to Nix a Controversial Hazardous Waste Proposal" (CalMatters, 2022)
  • "CalRecycle's chemical recycling rules will cost you" (Los Angeles Times, 2023)
  • "Senate Bill No. 54 (2021-2022 Regular Session)" (California Legislative Information, 2021)
  1. The criticism from California lawmakers extends to CalRecycle's draft regulations for the implementation of Senate Bill 54, a law aimed at reducing single-use plastic waste in Los Angeles and across California.
  2. The lawmakers argue that CalRecycle's proposed regulations contradict the intentions of SB 54, as they contain expansive exemptions that could raise costs for California's jurisdictions.
  3. The potential approval of polluting recycling technologies is another concern raised by the lawmakers, as it may contravene the environmental objectives of SB 54.
  4. In a letter to Governor Gavin Newsom, various California lawmakers, including Senators Blakespear, Allen, Laird, Muratsuchi, and Limón, voiced their concerns about CalRecycle's overstepping its authority.
  5. The controversy over CalRecycle's draft regulations follows Newsom's rejection of an initial attempt by the agency to draft regulations due to potential increased costs for California households and jurisdictions.
  6. The objective of Extended Producer Responsibility (EPR) laws, the legislative model behind Senate Bill 54, is to create a circular economy in California by encouraging product and packaging producers to develop materials that can be reused, recycled, or composted, thus reducing waste and promoting health, culture, economics, and environmental-science policy-and-legislation.

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