CalRecycle releases revised SB 54 draft rules; lawmakers press on overbroad exemptions and hazardous‑waste criteria

CalRecycle officials told the Senate budget subcommittee the agency released a revised informal draft of implementing regulations for SB 54, the state's producer responsibility law for packaging, and invited stakeholder comment and workshops before a formal rulemaking filing.

Mindy McIntyre, CalRecycle—s chief deputy, said the draft is part of an informal process and that the agency intends to refine language before formal submission to the Office of Administrative Law. "We've released them, and this is the informal process," McIntyre told the subcommittee, noting a public workshop was scheduled for May 27 and that the agency had already met with stakeholders.

Lawmakers raised three concerns: (1) a proposed categorical exclusion for packaging "necessary to comply with rules, guidance, or other standards" could be read broadly and exempt many products from the law without a clear decision process; (2) the draft appeared to treat over‑the‑counter (OTC) drugs and other medical or food packaging unevenly, potentially excluding OTCs based on manufacturer claims rather than a transparent review; and (3) criteria tied to an ISO standard and a definition of "significant hazardous waste" in recycling technologies may reference materials that are not readily accessible or that do not match the statutory direction.

CalRecycle said its intent is to keep rules aligned with statute and federal law and to use the informal comment period and the formal OAL review to ensure compliance. "This is exactly the time where we can have these types of conversations," McIntyre told the committee, and she invited legislators and stakeholders to provide specific suggestions before formal filing.

What legislators asked for: Senators asked the agency to (a) clarify the administrative process for exemptions so a producer cannot unilaterally self‑declare an exclusion, (b) make explicit how OTC products will be evaluated and whether a retrofitted statutory fix is needed, and (c) adopt transparent, public criteria for determining when a recycling technology produces a "significant" amount of hazardous waste and therefore is excluded from recycling‑rate calculations.

Ending: CalRecycle reiterated its commitment to comply with SB 54 and to take comments; lawmakers said they will review interim drafts and may pursue statutory clarifications if needed before the agency files regulations formally.