SB 303: Solid waste: Plastic Pollution Prevention and Packaging Producer Responsibility Act.

The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, generally regulates the disposal, management, and recycling of, among other solid waste, plastic packaging containers and single-use foodware accessories.

Existing law establishes the Plastic Pollution Prevention and Packaging Producer Responsibility Act, which covers certain single-use packaging and plastic single-use food serviceware, as provided. As part of its comprehensive statutory scheme, existing law requires producers, as defined, of these covered materials to source reduce plastic covered material, to ensure that all covered material offered for sale, distributed, or imported in or into the state on or after January 1, 2032, is recyclable or compostable, and to ensure that plastic covered material offered for sale, distributed, or imported in or into the state achieves specified recycling rates, as provided.

The act prohibits a producer from selling, offering for sale, importing, or distributing covered materials in the state unless the producer is approved to participate in the producer responsibility plan of a producer responsibility organization (PRO), as prescribed, for the source reduction, collection, processing, and recycling of covered material, except as provided.

The act requires the department to establish a producer responsibility advisory board for specified purposes. The act authorizes an affected entity that asserts that specific actions taken to meet the requirements of the act are disrupting or otherwise adversely affecting the sustained operation or commercial viability of solid waste collection programs, solid waste recycling facilities, or composting facilities providing services in accordance with local solid waste handling requirements, to bring the concern and evidence supporting that assertion to the advisory board for discussion and to ask the advisory board to conduct a preliminary evaluation of the information. If the evaluation demonstrates that specific actions are disrupting or otherwise adversely affecting existing operations, the act requires the advisory board to submit the concern to the department for further analysis. The act requires the department to analyze the information provided by the advisory board and authorizes the department to offer a recommendation for resolution.

This bill would instead authorize an affected entity that asserts that specific actions taken by the PRO, a producer, or an entity under contract with the PRO are not consistent with specified prohibitions and requirements of the act and are disrupting or otherwise adversely affecting the sustained operation or commercial viability of solid waste collection programs, solid waste recycling facilities, or composting facilities providing services in accordance with local solid waste handling requirements to bring that concern and supporting evidence to the advisory board. The bill would delete the requirement that the board submit the concern to the department for further analysis and would instead require that the advisory board, rather than the department, offer a recommendation for resolution within 90 days of submission of the request for a preliminary evaluation. The bill would thereafter authorize either party to initiate nonbinding arbitration, as specified. The bill would specify the duties and the authority of the arbitrator, as described, including requiring the arbitrator to transmit the proposed decision to the department and the advisory board. The bill would require the department to review the arbitrators proposed decision within 60 days of receipt and to make a specified determination. If the arbitrator proposes a revision to an approved producer responsibility plan, the bill would require the department to publicly notice the proposed plan revision on its internet website, as provided. The bill would authorize the department, if the department makes a specified determination, to approve or reject the proposed plan revision. The bill would authorize any party to request that the department conduct a de novo adjudicative proceeding within 60 days after the arbitrator delivers the proposed decision to the department and the advisory board. The bill would deem the arbitrators proposed decision to be final if no action is taken by the department or other party within 60 days of the arbitrators proposed decision being submitted to the department and the advisory committee. The bill would require the department to include any actions taken under these provisions in a specified report submitted to the Legislature. The bill would also require an approved producer responsibility plan to remain in effect and be implemented during any action taken pursuant to these new and revised procedures in response to an assertion described above. The bill would also prohibit initiation of that action from delaying the approval of a proposed plan or plan amendment.

The act authorizes the department to adopt regulations to identify responsible end markets and to establish criteria regarding benefits to the environment and minimizes risks to public health and worker health and safety. The act sets forth definitions for purposes of the act.

This bill would instead authorize the department to adopt regulations to establish standards for the PRO regarding responsible end markets for covered material and to establish criteria that prioritizes benefits to the environment and minimizes risks to public health and worker health and safety. The bill would also revise and clarify certain definitions in the act.

This bill would incorporate additional changes to Section 42041 of the Public Resources Code proposed by AB 1526 to be operative only if this bill and AB 1526 are enacted and this bill is enacted last.