More than two dozen California Assembly Democrats and one state senator sent a letter Wednesday to legislative leaders asking them to delay fees under SB 54, the state\u2019s landmark plastic reduction law, for two years \u2014 an eleventh-hour push as the Legislature hurtles toward the end of session.<\/p>\n
The letter, addressed to Senate President Pro Tempore Monique Lim\u00f3n and Assembly Speaker Robert Rivas, was signed by 23 Assemblymembers and Sen. Melissa Hurtado. It asks lawmakers to pause fee assessment and collection this year and next, commit to a \u201creform package\u201d next session, and increase legislative oversight of the program going forward.<\/p>\n
The request lands amid a broader fight over how the plastics law is rolling out. Little by little California is demanding that the packages you pick up at your doorstep or at the store contain less plastic. A law Gov. Gavin Newsom signed four years ago aims to phase out 25% of non-recyclable, non-compostable plastic by 2032.<\/p>\n
To get there, the state tasked a nonprofit, the Circular Action Alliance, with drafting a plan to meet the state goals. The group estimated the work would cost $17.2 billion over five years \u2013 and is asking for a three-year exemption from the source-reduction deadline.<\/p>\n
But as the state moves to implement the law, questions are mounting over how the organization calculates the fees producers \u2014 and eventually consumers \u2014 will pay, and how much oversight the group actually faces.<\/p>\n
Industry groups say the price tag for complying with the law could be tens of billions of dollars higher than California originally estimated. An industry-commissioned study found the law could cost consumers three times what the state projected \u2014 between $683 and $948 a year, rather than $190.<\/p>\n
That means groceries, shampoo bottles and other consumer goods packed in plastic could cost a little more as the law takes effect.<\/p>\n
The California Department of Resources Recycling and Recovery, which oversees implementation, declined an interview but said in a written statement that the law puts consumers first and pushes producers to design packaging with recycling in mind.<\/p>\n
\u201cCalifornians are facing rising costs and pollution from increasingly complex packaging that wasn\u2019t designed for the recycling systems local governments, ratepayers, and the state developed and funded over the past four decades,\u201d said CalRecycle director Zoe Heller. \u201cThe law\u2019s rollout is a dial, not a switch, giving producers flexibility to redesign packaging, invest in recycling systems, reduce single-use plastics, and make adjustments along the way,\u201d she added.<\/p>\n
Watching the watchers<\/p>\n
The Circular Action Alliance published its fee schedule in June, spelling out what each producer owes into the system. The fees could add up to more than $10 million for some businesses, according to the Dairy Institute of California. The Dairy Institute is a trade association that represents milk processors and dairy product manufacturers.<\/p>\n
But unlike a state agency, the Circular Action Alliance answers to almost no one, said Katie Davey, executive director of the Dairy Institute.<\/p>\n
\u201c[The alliance] does not have to go through an audit by the state auditor. They\u2019re not subject to the (California open government law) Brown Act. They\u2019re not subject to public records requests. The Legislature does not approve their budget and does not approve how many employees they need, or how many fees they can charge,\u201d Davey said.<\/p>\n
As a private nonprofit, Circular Action Alliance indeed is not subject to the Brown Act or public-records law \u2014 but records it submits to CalRecycle or other government entities may be.<\/p>\n
CalRecycle must approve its fee schedule and implementation plan, and has the authority to audit the organization\u2019s performance, said CalRecycle spokesperson Lance Klug, who added that the plastics law includes provisions to ensure the group\u2019s budget and fees are appropriate.<\/p>\n
The alliance\u2019s role \u201cis not to set California policy,\u201d said its spokesperson, Larine Urbina. \u201cOur role is to implement the framework established by SB 54 under CalRecycle\u2019s oversight.\u201d<\/p>\n