Plastic Pollution Prevention and Packaging EPR Act (SB 54): Repeated Rulemaking Delays and the May 2026 Final Rule

SB 54 (the Plastic Pollution Prevention and Packaging Producer Responsibility Act, enacted 2022) establishes an extended producer responsibility (EPR) program covering single-use packaging and single-use plastic food service ware. By 2032, the law requires that 100% of covered packaging be recyclable or compostable, that 65% of single-use plastic packaging be recycled, and that a 25% reduction be achieved in the volume of single-use packaging used (relative to a 2023 baseline).

The rulemaking process was repeatedly delayed. In March 2025, Governor Newsom directed CalRecycle (the California Department of Resources Recycling and Recovery) to rework the proposed regulations to better account for costs to businesses and consumers. On January 9, 2026, CalRecycle abruptly withdrew regulations that were on the verge of publication, citing the need for additional clarification related to food and agricultural packaging, and reopened an additional 15-day public comment period. The regulations were ultimately approved by California's Office of Administrative Law (OAL) on May 1, 2026, and took effect that same day.

Following this, covered producers were required, by June 1, 2026, to either register with the Producer Responsibility Organization (PRO) Circular Action Alliance (CAA), register independently with CalRecycle, or apply for a small-producer exemption. CAA is required to submit its program plan to the SB 54 advisory board by June 15, 2026, with the finalized plan—including final fee rates—expected by October 2026. Full program implementation begins January 1, 2027. Despite the repeated delays, the statutory reduction targets and deadlines themselves have remained unchanged throughout.