BREAKING: Newsom signs suite of Circular Economy bills!

SACRAMENTO - Governor Newsom has signed the landmark Circular Economy legislative package to improve transparency, restore consumer confidence in the recycling system, and move the state away from disposable plastics.

California continues to lead the country by tackling the multiple facets of the plastic and packaging pollution problem by approving the following new laws, which begin to take effect on January 1, 2022:

SB 343 (Allen) brings “truth in labeling” to many plastic and packaging products. After a phase-in period, manufacturers will no longer be allowed to put the “chasing arrows” recycling symbol on items that aren’t actually recyclable in the real world.
AB 881 (Gonzalez) helps the state accurately measure how much plastic actually gets recycled. It prohibits plastic waste exports to other countries being counted as being “recycled.”
AB 1201 (Ting) updates labeling for compostable products. Among other requirements, AB 1201 requires compostable products to break down in real life composting conditions, bans toxic PFAS “forever chemicals,” and puts the onus on manufacturers to ensure that their products don’t contaminate organic agriculture.
AB 962 (Kamlager) makes it easier for brewers and other beverage producers to create reusable glass bottle systems, which responds to business and consumer preferences by reducing the need for single-use beverage containers.
AB 1276 (Carrillo) reduces plastic foodware waste by giving takeout customers only what they want: single-use foodware may only be provided upon request.

Right now, all levels of California governments -- and therefore ratepayers -- pay the price for allowing manufacturers to mislead consumers about what is recyclable or compostable. Once enacted, these measures will lead manufacturers to make more sustainable packaging decisions, reduce greenwashing, build strong recycling markets, and restore the public faith in the recycling system. Companies will no longer be able to market items deceptively because of the technicality that most things are theoretically recyclable or compostable, or that might be recycled in another country.

“With these new laws, California will require companies to be honest about their products so that consumers know what they’re purchasing. It shouldn’t be a difficult concept: if it says 'recyclable,' that means we should be able to put it in the recycling bin; if it says 'compostable,' we should be able to put it in the composting bin; if it’s going to be exported to a country where its fate is unknown, we shouldn’t count it as 'recycled' for state reports; if we want to have an option to turn down non-recyclable products, we should be able to do so,” said Nick Lapis, Director of Advocacy for Californians Against Waste. “The Circular Economy package rewards companies that have invested in actually making their products recyclable, and it helps consumers understand what purchasing choices they can make to protect the environment.”

“Beyond recycling, California must lead on transitioning to a reuse economy -- we cannot recycle our way out of the plastic crisis. The Circular Economy package levels the playing field for businesses to roll out reusable glass bottles as an alternative to throw-away plastic bottles,” explained Amy Gilson, Policy Manager at Californians Against Waste. “It also gives consumers the choice to buy their takeout without an unwanted side of plastic forks or spoons.”

The Circular Economy package bills that passed represent a bipartisan success: each ultimately earned votes from legislative Republicans and Democrats, despite strong opposition from plastic, battery, and other product manufacturers. The bipartisan passage of these six bills marks a turning point in the debate regarding the state government’s role in reducing and truthfully categorizing unrecyclable, single-use items.

Plastic and single-use consumer items contribute to a variety of environmental and human health problems. As plastic breaks down in the environment, it becomes microplastic particles that leach chemicals into waterways and ocean environments, or is eaten by wildlife and marine creatures. Numerous sources have documented that discarded, broken-down plastic and single-use items contaminate drinking water sources, food supplies, and even air. Human exposure to plastic and its associated toxins has been linked to cancers, birth defects, impaired immunity, endocrine disruption and other serious health problems.

Measures that the Governor signs into law begin implementation on January 1, 2022.