CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 10–Z
266Please send requests for copies of any modified 
amendments to the attention of Omar Robles at 
the above telephone number or email address. The 
Division will accept written comments on the modified 
regulations for 15 days after the date on which they are 
made available.
AVAILABILITY OF THE FINAL 
STATEMENT OF REASONS
Upon its completion, copies of the Final Statement 
of Reasons may be obtained by contacting Omar 
Robles at the above telephone number or email 
address. The Final Statement of Reasons may also be 
accessed on the Division’s website at: www.dir.ca.gov/
dosh/rulemaking/dosh_rulemaking_proposed.html . 
If adopted, the Proposed Rulemaking will appear 
in Title 8, California Code of Regulations, Section 
14300.41.
TITLE 14.  DEPARTMENT OF 
RESOURCES RECYCLING 
AND  RECOVERY
SB 54 PLASTIC POLLUTION 
PREVENTION AND PACKAGING  
PRODUCER RESPONSIBILITY 
ACT  REGULATIONS  
DEPARTMENT OF RESOURCES 
RECYCLING AND RECOVERY  
DIVISION 7, CHAPTERS 11.1 AND 11.5
NOTICE IS HEREBY GIVEN that the Department 
of Resources Recycling and Recovery (CalRecycle) 
proposes to add to the California Code of Regulations, 
Title 14, Division 7, Chapter 11.1 (commencing with 
section 18980.1) and Chapter 11.5 (commencing with 
section 18981). The proposed regulations interpret, 
make specific, and implement the requirements of 
Senate Bill Number 54 (2021–2022 Regular Session), 
the Plastic Pollution Prevention and Packaging Producer 
Responsibility Act (Statutes 2022, chapter 75), (the 
Act) and establish various elements of CalRecycle’s 
oversight and enforcement responsibilities under the 
Act. The proposed regulations will also establish the 
criteria and procedures necessary to implement the 
requirement established by Assembly Bill Number 1201 
(2021–2022 Regular Session) (Statutes 2021, chapter 
504) (AB 1201) that products labeled “compostable” 
must be certified by third–party entities according to 
certain technical standards.
After considering all comments, objections, and 
recommendations regarding the proposed action, 
CalRecycle may adopt the proposals substantially as described in the below Informative Digest or may 
modify such proposals if such modifications are 
sufficiently related to the original text.
PUBLIC HEARING
CalRecycle will hold a hybrid public hearing starting 
at 9:00 a.m. (PDT) on April 23, 2024, and concluding 
upon submission of any public hearing comments. 
The public hearing will be accessible in person in the 
Coastal Hearing Room located on the 2nd floor of the 
CalRecycle headquarters at 1001 I Street, Sacramento, 
California, 95812. The Coastal Hearing Room is 
wheelchair accessible. The public hearing will also be 
accessible virtually via Zoom for direct participation 
and via Webcast for observation only. Instructions for 
how to access the Zoom public hearing (registration 
required) or Webcast (no registration required), can 
be found on CalRecycle’s website at https://calrecycle.
ca.gov/Laws/Rulemaking/ .
Please note that Webcast participants will not be 
able to provide comments during the public hearing. 
To participate remotely and provide comments, it is 
recommended to join via Zoom. No registration is 
necessary to view the Webcast.
At the public hearing, any person may present 
statements or arguments, orally or in writing, relevant 
to the proposed action. CalRecycle requests, but does 
not require, that any person who makes oral comments 
also submit a written copy of their testimony at the 
hearing. All comments at the public hearing will be 
collected and recorded.
Simultaneous Spanish interpretation will be 
available in–person at the public hearing and remotely 
via Zoom or Webcast. For in–person interpretation 
services, headsets will be available and can be 
provided by CalRecycle staff prior to or during the 
hearing. If interpretation services are needed in a 
language other than Spanish, please notify CalRecycle 
at regulations@calrecycle.ca.gov  by April 12, 2024, 
and CalRecycle staff will do their best to accommodate 
this request.
WRITTEN COMMENT PERIOD
The written comment period permits any interested 
person, or their authorized representative, to 
submit written comments addressing the proposed 
amendments to CalRecycle. Written comments, which 
offer a recommendation and/or objection, or support 
the proposed regulations, should indicate the section 
to which the comment or comments are directed. 
CalRecycle will only consider written comments 
sent to CalRecycle and received during the written 
comment period, which begins on March 8, 2024, and 
ends on April 23, 2024. Written comments received CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 10–Z
267
by CalRecycle after the close of the public comment 
period are considered untimely. CalRecycle may, but 
is not required to, respond to untimely comments, 
including those raising significant environmental 
issues. Comments submitted in writing must be 
addressed to one of the following:
Postal mail:
Claire Derksen
SB 54 Plastic Pollution Prevention and Packaging 
Producer Responsibility Act Regulations
Department of Resources Recycling and 
Recovery, Regulations Unit
1001 “I”Street, MS–24B
Sacramento, CA 95814
Electronic submittal via CalRecycle’s Public Comment 
Portal:
SB 54 Plastic Pollution Prevention & Packaging 
Producer Responsibility Act Regulations (45–Day 
Comment Period)
AUTHORITY AND REFERENCES
Authority:  Public Resources Code Sections 40401, 
40502, 42041, 42052, 42053, 42057, 42060, 42061.5, 
42063, 42064, 42080, 42081, and Government Code 
Sections 11415.10 and 11440.20 provide authority for 
this regulation.
Reference:  These proposed regulations implement, 
interpret, and make specific the following provisions 
of the law: Public Resources Code Sections 40062, 
40120.1, 40121, 40192, 42040, 42041, 42050, 42051, 
42051.1, 42051.2, 42051.3, 42052, 42053, 42054, 
42056, 42057, 42060, 42060.5, 42061, 42061.5, 42063, 
42064, 42067, 42070, 42080, 42081, 42355.51, 42356, 
42356.1, 42356.2, and 42357, Government Code 
Sections 7921.500, 7922.530, 11440.20, 11505, 11506, 
11520, Code of Civil Procedure 413.10, 413.20, 413.30, 
413.40, 416.40 and Civil Code 3426.1.
INFORMATIVE DIGEST
Summary of Existing Laws
The California Integrated Waste Management 
Act of 1989 (Pub. Resources Code, section 40000 
et seq.)), administered by CalRecycle, regulates the 
disposal, management, and recycling of, among other 
solid waste, plastic packaging containers and single–
use food ware. It also imposes various reporting 
requirements on disposal facility operators, solid waste 
handlers, and transfer station operators regarding the 
types and quantities of materials disposed of, sold, or 
transferred to other entities.
Pursuant to Assembly Bill Number 341 (2011–2012 
Regular Session) (Statutes 2011, chapter 476), the 
state’s policy goal was that at least 75 percent of solid waste generated would be source–reduced, recycled, 
or composted by 2020. That goal has not yet been met.
Senate Bill Number 1335 (2017–2018 Regular 
Session), the Sustainable Packaging for the State of 
California Act of 2018 (Statutes 2018, chapter 510) 
(SB 1335), restricts certain types of food service 
packaging that may be used by food service facilities 
located in a state–owned facility, operating on, or 
acting as a concessionaire on state property, or under 
contract to provide food service to a state agency. The 
food service packaging must be on the list published 
by CalRecycle identifying it as reusable, recyclable, or 
compostable.
Senate Bill Number 343 (2021–2022 Regular Session) 
(Statutes 2021, chapter 507) (SB 343), establishes 
specific standards for what constitutes deceptive 
labeling concerning recyclability. Products can only 
be labeled “recyclable” or with the “chasing arrows” 
logo if they are regularly collected and processed for 
recycling and meet certain design and composition 
characteristics affecting recyclability, or satisfy 
other criteria related to recycling rates, alternative 
collection programs, or government programs 
governing recyclability. The law requires CalRecycle 
to conduct and publish a material characterization 
study examining the material types and forms that are 
collected, sorted, sold, or transferred by solid waste 
facilities in the state. Determinations of whether items 
can be considered recyclable in California must be 
based on the information that CalRecycle publishes.
Effect of the Proposed Action
By interpreting, making specific, and implementing 
the Act, the proposed regulations will establish the 
various substantive and procedural requirements 
applicable to the extended producer responsibility 
(EPR) program that the Act requires producers of 
single–use packaging and single–use plastic food 
service ware (covered materials) to administer. 
The proposed regulations will also establish how 
CalRecycle will exercise its oversight and enforcement 
responsibilities.
The proposed regulations will also implement the 
AB 1201 requirement that products must be certified 
by third parties to meet a technical standard established 
under chapter 5.7 of part 3 of division 30 of the Public 
Resources Code (commencing with section 42355). 
By implementing this requirement of AB 1201, the 
proposed regulations will cause the requirement to 
take effect generally, not just with respect to covered 
materials.
These proposed regulations do not substantially 
differ from a comparable federal regulation or 
statute because there are no existing comparable 
federal regulations or statutes.CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 10–Z
268Policy Statement Overview and Anticipated 
Benefits of the Proposed Regulations
The broad objective of the proposed regulations 
is to implement the Act to ensure that it achieves its 
goals: source reduction of plastic covered material, 
elimination of covered material that is not recyclable 
or compostable, and significant improvements in 
recycling rates for covered material. The proposed 
regulations also serve the objective of improving 
the integrity of product labeling by implementing 
requirements for when covered material can lawfully 
be labeled “compostable.”
These objectives are consistent with the more 
general policy goals of shifting California to a circular 
economy and shifting responsibility for end–of–life 
management of various materials onto the producers 
of them, thereby lessening the materials’ effects on 
the environment and public health and easing the 
burdens on local jurisdictions and consumers. Shifting 
responsibility through EPR statutes like the Act will 
benefit solid waste handling in the state by requiring 
producers to address the costs of such management 
and incentivizing the development of infrastructure, 
technological innovation, and increased usage of 
reusable and refillable products.
By giving effect to the certification requirement 
of AB 1201, the proposed regulations will reduce 
deception of consumers regarding whether products 
are compostable. Consumers will be able to make 
more informed purchasing choices and better 
understand what materials are appropriate to discard 
with materials collected for composting. In turn, this 
will enhance the technical and economic viability of 
composting programs statewide.
By implementing the Act, the proposed regulations 
will also spur improvements in recycling and 
composting infrastructure, which will lead to 
decreased pollution and environmental harm 
associated with disposal of covered materials. These 
effects will, in turn, have positive effects on human 
health. Decreased disposal of covered material will 
also decrease greenhouse gas emissions associated 
with such disposal.
Specific anticipated benefits of the proposed 
regulations’ implementation and enforcement of the 
Act include:
● Reduction of plastic pollution and litter
● Reduction of greenhouse gas emissions
● Decreased material disposal burdens
● Decreased raw material extraction and virgin 
material usage
● Greater use of reusable and refillable items and 
expansion of reuse and refill systems● Reduced presence of toxins and other chemicals 
that would render products non–compostable or 
interfere with recycling
● Increased access to recycling and composting
● Investments in communities disproportionately 
impacted by the effects of plastic pollution
● Supporting a stable circular economy
● Supporting consistent recycling systems 
state–wide
● Increased revenue for businesses from the sale of 
recycled material product
● Decreased public health concerns such as cancer, 
asthma, and birth defects
● Encouragement of packaging innovation
● Reduced exposure to chemicals and microplastics 
from use of reusable materials
● Ensuring that refillable or reusable materials can 
be used and washed safely and hygienically
● Promoting openness and transparency in 
business and government through creation and 
implementation of Producer Responsibility 
Organization (PRO) plans and plans created by 
individual businesses
● Reduced deception of consumers and increased 
transparency in business by imposing 
certification requirements for labeling products 
as “compostable.”
Consistency with State Regulations
Pursuant to Government Code Section 
11346.5(a) (3) (D), CalRecycle conducted an evaluation 
of existing state regulations. CalRecycle determined 
that the proposed regulations are neither inconsistent 
nor incompatible with existing state regulations and 
that CalRecycle is the only agency that can implement 
this proposed regulation.
INCORPORATION BY REFERENCE
The following documents are incorporated by 
reference in the proposed regulation:
● ISO/IEC FDIS 17025:2017, “General requirements 
for the competence of testing and calibration 
laboratories,” International Organization for 
Standardization/International Electrotechnical 
Commission, November 2017
● ISO/IEC 17065:2012, “Conformity assessment—
Requirements for bodies certifying products, 
processes and services,” International 
Organization for Standardization/International 
Electrotechnical Commission, September 2012.CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 10–Z
269
OTHER STATUTORY REQUIREMENTS  
(GOVERNMENT CODE  
SECTION 11346.5 (a) (4))
CalRecycle has determined that no other matters, as 
prescribed by statute, need to be addressed.
MANDATES ON LOCAL AGENCIES OR 
SCHOOL DISTRICTS
CalRecycle has made the following initial 
determinations:
Mandate Imposed on Local Agencies: Yes.
Costs to any local agency which requires 
reimbursement in accordance with Part 7 of Division 
4 of Title 2 the Government Code: None.
The proposed regulations mandate local agencies 
to include covered material contained on the covered 
material categories list published by CalRecycle 
in their collection and recycling programs. 
Implementation involves collaboration between 
the producer responsibility organization (PRO), 
producers complying independently from a PRO, 
and local authorities for various activities, such as 
education and outreach, material collection and 
processing, and infrastructure improvement. Costs, 
influenced by factors like population density and 
market proximity, encompass both curbside and non–
curbside programs. While the costs associated with 
these activities are initially borne by local agencies, 
they are not reimbursable by the State. The PRO is 
responsible for reimbursing the expenses incurred by 
local jurisdictions to meet the statutory and regulatory 
requirements of SB 54. Additionally, potential funding 
from the California Plastic Pollution Mitigation Fund 
can be directed towards supporting relevant entities.
Mandate Imposed on School Districts: None.
FISCAL IMPACT
Costs to Any Local Agencies or School Districts 
Requiring Reimbursement
CalRecycle has determined there are no costs to local 
agencies or school districts subject to reimbursement 
by the State required by Part 7 of Division 4 of Title 2 
the Government Code.
Cost or Savings to Any State Agency
CalRecycle has determined the total annual cost to 
the state is estimated to be $76.75 million which will 
be incurred by CalRecycle and funded by the PRO 
through the Circular Economy Fund. CalRecycle also 
anticipates a $4 million reduction in revenue to the 
state from a decrease in disposal stream tipping fees.Other Non–Discretionary Cost or Savings Imposed 
Upon Local Agencies
CalRecycle has determined that the proposed 
regulations do result in costs to local agencies. These 
costs are not required to be reimbursed by the State. 
Rather, the PRO is responsible for fully reimbursing 
these costs. CalRecycle expects local agencies to 
improve and expand their recycling collection services 
to meet the requirements of the Act and estimates 
that the average cost per Fiscal Year for these 
activities is anticipated to be $22.2 million through 
2023–24, 2024–25, and 2025–2026. Additionally, 
costs to local authorities may include education 
and outreach, material processing, and additional 
infrastructure improvements. In circumstances where 
communities have been disproportionately affected 
by plastic pollution and environmental justice related 
issues, funding from the California Plastic Pollution 
Mitigation Fund can be directed to local authorities 
for these costs.
Cost or Savings in Federal Funding to the State
CalRecycle has determined that adoption of these 
regulations will not have an impact on costs or savings 
in federal funding to the State.
HOUSING COSTS
CalRecycle has determined that adoption of these 
regulations will not have a significant effect on housing 
costs.
SIGNIFICANT STATEWIDE ADVERSE 
ECONOMIC IMPACT DIRECTLY 
AFFECTING BUSINESS
CalRecycle has made an initial determination that the 
adoption of these regulations may have a significant, 
statewide adverse economic impact directly affecting 
business, including the ability of California businesses 
to compete with businesses in other states. CalRecycle 
has considered proposed alternatives that would lessen 
any adverse economic impact on business and invites 
interested parties to submit proposals. Submissions 
may include the following considerations:
(i) The establishment of differing compliance or re -
porting requirements or timetables that take into 
account the resources available to businesses.
(ii) Consolidation or simplification of compliance 
and reporting requirements for businesses.
(iii) The use of performance standards rather than 
prescriptive standards.
(iv) Exemption or partial exemption from the regula -
tory requirements for businesses.
The businesses most directly affected by these 
regulations are referred to in the Act as “producers” CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 10–Z
270of single–use packaging and plastic single–use food 
service ware: manufacturers, brand or trademark 
owners, brand or trademark licensees, and businesses 
that sell, offer for sale, or distribute such materials in 
the state.
As of 2032, the Act will require that all single–use 
packaging and plastic single–use food service ware be 
recyclable or compostable. It also requires that plastic 
single–use packaging and food service ware achieve 
certain recycling rates. These regulations require 
producers to maintain records that demonstrate their 
compliance with those overall requirements and to 
report data related to such compliance to CalRecycle. 
Producers will also be required to reduce the overall 
amount of such materials that they create.
These regulations will require producers to comply 
with their obligations under the Act by participating in 
a program operated by an organization acting on their 
behalf pursuant to a plan approved by CalRecycle. 
Alternatively, producers can create their own plan. 
Producers, either through such an organization or 
individually, will be required to prepare and submit 
plans addressing all requirements stated in the 
Act, submit annual budgets and reports concerning 
their plans, and maintain records documenting 
their compliance with the Act. The reporting and 
recordkeeping requirements encompass the following: 
the amount and types of single–use packaging and 
plastic single–use food service ware that producers 
sell, distribute, or import; the amount and types of 
such materials that producers collect for recycling; the 
basis asserted for certain materials to be considered 
recyclable; estimations of recycling rates for particular 
types of materials; calculations of source reduction 
with respect to plastic single–use packaging and food 
service ware; and records demonstrating that entities 
that collect and process materials subject to the Act do 
so in a manner that satisfies certain criteria.
These regulations will also impose compliance 
requirements on businesses that assert they are not 
“producers” of covered material because some other 
entity is the producer or because the packaging 
or plastic food service ware at issue is reusable or 
refillable. Such businesses may be required to support 
their claim that they are not the producer, such as by 
demonstrating that such items satisfy the criteria in 
the regulations to be considered not “single–use.”
Solid waste enterprises that provide solid waste 
handling services on behalf of a local jurisdiction will 
also be affected because the Act may require them to 
add certain types of materials to their collection and 
recycling programs.RESULTS OF STANDARDIZED 
REGULATORY IMPACT ASSESSMENT
Creation or Elimination of Jobs within the State of 
California
CalRecycle has determined that the proposed action 
will not eliminate jobs within California. Over the 
course of implementation, it is projected that 102,564 
jobs may be created in the manufacturing industries 
specializing in recyclable plastics, paper, glass, and 
metal products, as well as within the construction, 
wholesale, retail, and food service industries.
Creation of New Businesses or Elimination of 
Existing Businesses within California
CalRecycle has determined that the proposed action 
will create new businesses within California. It is 
anticipated that at least 31 businesses will be created 
statewide. These businesses include at least one PRO, a 
non–profit organization, and several material recovery 
facilities (MRFs).
Competitive Advantages or Disadvantages for 
Businesses Currently Doing Business within the 
State
CalRecycle has determined that the proposed action 
will not have competitive advantages or disadvantages 
for businesses currently doing business within 
California.
Increase or Decrease of Investment in the State
CalRecycle has determined that the proposed 
action will increase investment in California. Private 
investment will experience an initial increase of $172 
million in 2024 and peak in 2030 at $1.2 billion. There 
is no indication that there will be a net decrease in 
investment in the state because of the proposed 
regulations.
Incentives for Innovation in Products, Materials or 
Processes
CalRecycle has determined that the proposed 
regulations will provide incentives for innovation in 
products, materials, and manufacturing and waste 
management processes that ensure cost–effective 
approaches for producers to be in compliance 
with the Act. The proposed regulations establish 
material packaging standards that will incentivize 
manufacturers to develop innovative and new 
packaging with covered material, increase the 
utilization of reuse and refill infrastructure, and 
develop new processes for recycling in order to meet 
the requirements of the Act.
Benefits of the Regulation, Including But Not 
Limited To, Benefits to the Health, Safety, and 
Welfare of California Residents, Worker Safety, 
the State’s Environment, and Quality of Life
CalRecycle has determined that the proposed 
action will have benefits, including but not limited CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 10–Z
271
to, benefits to the health and welfare of California 
residents, worker safety, the state’s environment, 
and quality of life. In addition to generating less 
packaging waste through plastic source reduction and 
shifting to reusable and refillable material, reducing 
plastic pollution through the funds from the California 
Plastic Pollution Mitigation Fund will lead to a 
decrease in negative human health and environmental 
impacts especially in disadvantaged and low–income 
communities disproportionately affected by plastic 
pollution. Additionally, California residents will also 
benefit from greater accessibility to recycling and 
composting due to the increase in infrastructure for 
collection, sortation, and processing of such materials. 
Creating recyclable and compostable packaging will 
lead to harmonization with our recycling infrastructure 
that will lead to less disposal and prolong our landfill 
capacity and use. It will also lead to a decrease in 
greenhouse gas (GHG) emissions, and a decrease of 
fossil fuels used in the production of virgin plastic. 
There is no indication that worker safety will be 
negatively impacted due to the proposed regulations.
Summary of the Department of Finance’s 
Comments on the Proposed Regulations and the 
Standardized Regulatory Impact Assessment
DOF Comment #1:
First, the SRIA must identify any changes in the 
amount of operating income received by state and 
local agencies. The SRIA estimates that the impact on 
personal income will exceed $1 billion in several years 
with the highest impact being $5.2 billion in 2030. 
State income tax revenue is typically equal to about 
4 percent of state personal income, thus, a $1 billion 
change in income could cause income tax revenue 
to change by about $40 million unless the affected 
population has unusually high or low incomes. The 
SRIA should provide estimates for the regulation’s 
expected impact on tax revenue for each year of the 
analysis.
CalRecycle Response:
CalRecycle has revised the “State Government” 
section of the SRIA to include a calculation of the 
expected change in state income tax revenue for 
each year of the implementation period. CalRecycle 
estimates that an additional $766 million in state 
income tax revenue is likely to be generated over the 
implementation period as a result of increased personal 
income, resulting in an overall benefit to California.
DOF Comment #2:
Second, the baseline should include the number 
and description of affected producers and individuals 
and/or households. The SRIA indicates the number 
and type of affected producers in the direct costs to 
businesses section but does not include this estimate 
and description in the economic baseline. The number of individuals and/or households affected should also 
be reflected in the economic baseline.
CalRecycle Response:
CalRecycle has revised the “Baseline” and “Inputs 
and Assumptions of the Assessment” sections of the 
SRIA to include the number and type of businesses, 
producers, individuals, and households expected to be 
impacted by the Proposed Regulations.
DOF Comment #3:
Finally, while the SRIA states that the direct cost 
per household after full implementation could be as 
high as $329 per year, the total direct costs to all 
affected individuals and/or households throughout 
the regulation’s implementation period must be 
quantified.
CalRecycle Response:
For purposes of this analysis, CalRecycle assumes 
that the cost of implementation to producers will be 
passed down to individuals. The “Direct Cost on 
Individuals” section of the SRIA has been revised to 
include the total cost of implementation, representing 
the total estimated cost to individuals within California 
over the implementation period. Additionally, 
CalRecycle has added a discussion of the increase in 
personal income and environmental benefits, which 
are expected to offset the costs to individuals, to this 
section.
COST IMPACTS TO REPRESENTATIVE 
PRIVATE PERSON OR BUSINESS
Compliance with the proposed regulations will 
increase costs for producers because packaging and 
food service ware will be required to use materials 
that are recyclable, compostable, or reusable and 
may be more expensive than the traditional, very 
inexpensive materials widely used currently. The need 
to avoid design characteristics, such as those related 
to component sizes, inks, or adhesives, that make 
sorting and recycling more difficult may also result in 
increased manufacturing costs.
Producers and non–producers may incur costs 
related to documenting that certain materials comply 
with the Act’s requirements. For example, producers 
of covered material claimed to be recyclable or 
compostable may incur costs to establish that the 
material meets applicable technical standards. 
Manufacturers, distributors, and sellers of packaging 
or food service ware claimed to be reusable or refillable 
may incur costs to establish that their products satisfy 
the criteria for being considered not “single–use.”
Producers may incur costs related to source 
reduction, such as the cost of obtaining validation from 
a third party of post–consumer recycled content or the 
cost of shifting to non–plastic materials. Producers, CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 10–Z
272through a PRO or otherwise, may also incur costs 
related to establishing alternative collection systems, 
establishing, and expanding recycling infrastructure, 
developing new materials and technologies, and 
establishing infrastructure for the convenient and safe 
reuse and refill of packaging or food service ware.
Producers that participate in a PRO plan will pay 
fees directly to the PRO according to the fee schedule 
established by the PRO, and the PRO will pay the 
circular economy administrative fee to CalRecycle. 
Producers, through the PRO or otherwise, will also 
pay annual environmental mitigation surcharges to the 
California Department of Tax and Fee Administration. 
Producers and the PRO will also incur costs related 
to developing and maintaining plans, record keeping, 
and annual reporting.
Local jurisdictions or recycling service providers 
may incur costs related to expanding the types of 
covered material included in their collection and 
recycling programs.
CalRecycle estimates the direct cost per household 
after full implementation of these regulations could 
potentially reach $329 annually, the direct cost for a 
large producer to potentially reach $646,866 annually, 
and the direct cost for businesses that are not producers 
but sell covered material to potentially reach $8,311 
annually. The estimated costs to individuals in 
this analysis includes many assumptions regarding 
factors that will affect the actual, realized impacts to 
individuals, most notably decisions by the PRO and 
producers regarding their compliance pathways, as well 
as individual consumer decisions. These decisions may 
result in the actual impacts on individuals potentially 
being different from the estimates presented here.
BUSINESS REPORT
The proposed regulations address reporting 
requirements that are authorized by sections 42051.3, 
42052, and 42057 of the PRC and direct CalRecycle to 
adopt a reporting system to enable producers and the 
PRO to report specific information to CalRecycle. The 
report requirement applies to businesses. The proposed 
regulations specify the data that the PRO, producers 
participating in the PRO or producers complying 
independently of a PRO are required to report. By 
specifying the reporting requirements, the proposed 
regulations allow for producers to be in compliance 
with the Act and for CalRecycle to provide necessary 
program oversight to ensure progress towards meeting 
statutory goals. The proposed regulations satisfy the 
requirement stated in Government Code Section 
11346.3(d) that it is necessary for the health, safety, and 
welfare of the people of the state that the regulations 
apply to businesses.DETERMINATION OF EFFECT ON 
SMALL  BUSINESS
CalRecycle has determined that the proposed 
regulations will affect small businesses. CalRecycle 
has estimated that 58% of businesses impacted by the 
proposed regulations are considered small businesses. 
Small businesses that meet the definition of producer 
pursuant to section 42041(w) of the PRC, may be 
considered small producers, wholesalers, or retailers 
by the Act if in the most recent calendar year they had 
gross sales of less than one million dollars ($1,000,000) 
in the state. The Act authorizes CalRecycle to develop 
a process to exempt these entities from the majority 
of requirements of the Act. Producers of covered 
material granted an exemption from this process 
would be considered “small producers” and would be 
exempt from the requirements of the Act [excluding 
section 42050(b) of the PRC] and would incur an 
annual cost of approximately $309 for record keeping 
and exemption application preparation costs. Those 
small businesses that meet the definition of producer 
per section 42041(w) of the PRC and that are denied 
an exemption based on a determination by CalRecycle 
would need to join an approved PRO or comply with 
the requirements independently.
CalRecycle expects small businesses to benefit from 
increased revenue from the sale of products made 
from recycled material. Additionally, less effort will 
be needed to review recyclability claims of packaging, 
and there will be an increased ease of providing 
product packaging to fit consumer demand. There will 
also be a reduction in the cost of disposal services as 
more recyclable material is generated. However, the 
reduction in disposal costs may shift to recycling 
services as materials shift to recycling and composting 
collection streams.
CONSIDERATION OF ALTERNATIVES
In accordance with Government Code section 
11346.5(a) (13), CalRecycle must determine that no 
reasonable alternative considered by the agency or 
that has otherwise been identified and brought to 
the attention of the agency would be more effective 
in carrying out the purpose for which the action is 
proposed, would be as effective and less burdensome 
to affected private persons than the proposed action, 
or would be more cost–effective to affected private 
persons and equally effective in implementing the 
statutory policy or other provision of law.
CalRecycle invites interested parties to present 
statements or arguments with respect to alternatives to 
the proposed regulations during the written comment 
period, or at the scheduled public hearing.CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 10–Z
273
CONTACT PERSONS
Inquiries or comments concerning the proposed 
rulemaking action may be addressed to:
Claire Derksen
SB 54 Plastic Pollution Prevention and Packaging 
Producer Responsibility Act Regulations
Department of Resources Recycling and 
Recovery, Regulations Unit
1001 “I”Street, MS–24B, Sacramento, CA 95814
Phone: (916) 327–0089
Email: regulations@calrecycle.ca.gov
The backup contact person is:
Craig Castleton
Regulations Unit Supervisor
Department of Resources Recycling and 
Recovery, Regulations Unit
1001 “I”Street, MS–24B, Sacramento, CA 95814
Phone: (916) 327–0089
Email: regulations@calrecycle.ca.gov
A V AILABILITY STATEMENTS
Availability of Initial Statement of Reasons, Text 
of Proposed Regulations, Information Upon Which 
this Proposal is Based, and Rulemaking File
CalRecycle will have the entire rulemaking file, 
the express terms of the proposed regulations, and all 
information that provides the basis for the proposed 
action, available for public inspection and copying 
during normal business hours at the address provided 
above. As of the date this Notice is published in the 
Notice Register, the rulemaking file consists of this 
Notice, the text of the proposed regulations, the 
Initial Statement of Reasons, the documents relied 
upon for the proposed action, the economic and fiscal 
impact statement, and standardized regulatory impact 
assessment. Copies may be obtained by contacting the 
contact persons at the address, email, or phone number 
listed above.
Availability of Modified Text
CalRecycle may adopt the proposed regulations 
substantially as described in this Notice. If CalRecycle 
makes modifications that are sufficiently related to the 
originally proposed text, it will make the modified 
text, with the changes clearly indicated, available to the 
public for at least fifteen (15) days before CalRecycle 
adopts the regulations as revised. Requests for the 
modified text should be made to the contact persons 
named above. CalRecycle will transmit any modified 
text to all persons who testify at the scheduled public 
hearing, all persons who submit a written comment 
at the scheduled public hearing, all persons whose 
comments are received during the comment period, and all persons who request notification of the 
availability of such changes. CalRecycle will accept 
written comments on the modified regulations for 
fifteen (15) days after the date on which they are made 
available.
Availability of the Final Statement of Reasons
Upon its completion, copies of the Final Statement of 
Reasons may be obtained by request from the contact 
persons identified in this Notice or accessed through 
CalRecycle’s website at www.calrecycle.ca.gov/Laws/
Rulemaking .
INTERNET ACCESS
For more timely access to the rulemaking file, and in 
the interest of waste prevention, interested parties are 
encouraged to access CalRecycle’s Internet webpage 
for the rulemaking at www.calrecycle.ca.gov/Laws/
Rulemaking . All rulemaking files published through 
CalRecycle’s internet website will be available on that 
page.
TITLE 14.  FISH AND 
GAME  COMMISSION
NOTICE IS HEREBY GIVEN  that the Fish and 
Game Commission (Commission), pursuant to the 
authority vested by sections 200, 205, 265, 270, 315, 
316.5, 399 and 2084 of the Fish and Game Code and 
to implement, interpret or make specific sections 200, 
205, 265, 270, 316.5 and 2084 of said Code, proposes 
to amend Section 7.40, Title 14, California Code of 
Regulations, relating to Central Valley sport fishing 
regulations.
INFORMATIVE DIGEST/POLICY 
STATEMENT OVERVIEW
Current regulations in subsections (b) (4), (b) (43), 
(b) (66), and (b) (80) of Section 7.40 prescribe the 
2023 seasons and daily bag and possession limits 
for Sacramento River fall–run Chinook Salmon 
(Oncorhynchus tshawytscha ; SRFC) sport fishing in 
the American, Feather, Mokelumne, and Sacramento 
rivers, respectively. Collectively, these four rivers 
constitute the “Central Valley fishery” for SRFC for 
purposes of this document. In considering the current 
2023 regulations the Fish and Game Commission 
(Commission) accepted the Department of Fish and 
Wildlife’s (Department) recommendation for the 
most conservative option that prohibited fishing for 
Chinook Salmon in the Central Valley.
Each year, the Department recommends new 
Chinook Salmon bag and possession limits for 
consideration by the Commission to align the fishing