California regulators say the state’s extended producer responsibility (EPR) program for packaging under SB 54 remains on track to launch on Jan. 1, 2027, but producers, the state’s producer responsibility organization (PRO), and environmental advocates are increasingly warning that delays in rulemaking and data availability are compressing an already ambitious timeline.
Concerns were raised during the first SB 54 advisory board meeting of the year on Friday, as multiple foundational elements needed for implementation remain incomplete.
Regulatory delays create uncertainty
Regulations for the 2022 law, originally expected in January, were withdrawn earlier this month by CalRecycle from the Office of Administrative Law due to planned revisions related to food and agricultural packaging. A new 15-day public comment period will be announced soon, though comments will be limited strictly to the revised sections.
At the same time, the long-awaited needs assessment, most recently expected by Jan. 1, 2026, has not yet been released. This leaves the state’s PRO, Circular Action Alliance (CAA), developing its program plan without finalized regulations or a needs assessment to guide it.
“We’re really wanting to stay true and get the proposed regulations submitted as soon as possible,” said Michelle Martin, deputy director of CalRecycle’s circular economy division.
Program plan on a compressed schedule
CAA must submit its five-year draft program plan by June 15, a deadline the organization says it will meet — but only just.
“You should plan on getting it on June 15 and not before then,” said Emily Coven, CAA’s executive director for California. While CAA intends to incorporate the needs assessment, she acknowledged that time constraints may limit how fully it can be considered.
“We’re getting compressed by both sides,” Coven said.
After submission, the advisory board will have 60 days to review the plan, followed by another 60 days for CAA to respond. Unlike Oregon, where multiple revisions were possible, CAA expects only one revised draft, likely submitted in October, due to the tight timeline.
Producer data gaps complicate fee setting
Delays are also affecting producer reporting. CAA required California producers to submit baseline 2023 supply data by Nov. 15, 2025. As of Friday:
- 2,530 producers are registered
- 1,941 reports have been submitted
Some producers are choosing to wait until regulations are finalized before reporting, despite CAA’s warnings that incomplete data will hinder accurate fee setting.
“If producers want to get a clear indication of what this is going to cost, we need you to report,” said Shane Buckingham, CAA’s chief of staff.
Data delays have also pushed back source reduction planning, including projections for bonuses and penalties tied to material reduction and recyclability.
Stakeholder frustration grows
Industry and environmental groups alike voiced concern over the feasibility of the current timeline.
“This is no longer routine regulatory uncertainty,” said Alicia Cafferty, vice president of government relations at appliance manufacturer BSH, calling SB 54 “unprecedented in its scope, scale and complexity.”
She warned that the compressed schedule could result in either inadequate public comment or approval delays beyond the program’s start date, urging regulators to adjust compliance timelines to align with finalized rules and an approved PRO plan.
Environmental advocates acknowledged the pressure on CAA but expressed concern that meaningful public input could be sidelined as the implementation date approaches.