California

Tina Andolina from California State Senator Ben Allen’s office led efforts to pass SB 54 (Chapter 75, Statutes of 2022), California’s EPR for packaging and food service wear bill. It is currently being implemented by CalRecycle, California’s department within the Environmental Protection Agency, which manages waste and recycling, and Circular Action Alliance, the Producer Responsibility Organization.

Recommendations for Policymakers Developing Circular Policy & EPR for Packaging Policies:

1. Set the table deliberately. When a citizen’s initiative qualified for California’s 2022 ballot, we had a rare opportunity to bring stakeholders together to negotiate a strong legislative alternative. A key early decision was determining who should be at the table. Too many participants risked stalling progress; too few would create distrust and exclude key perspectives. We assembled a small, balanced group of leaders who could represent their constituencies and were capable of negotiating in good faith. Each participant was expected to respect the process, engage constructively, and commit to the goal of a workable solution. Only those we felt could “get to yes” were invited. The group met regularly — often for long, in-person sessions — over nine months. This consistent, collaborative approach built trust and accountability. By the end, even organizations that took no formal position on the bill were invested in its passage.

2. Get creative. It’s not always zero-sum. Negotiations work best when they move beyond a win/lose framework. Different stakeholders often value distinct policy elements, which can be leveraged to find common ground and each stakeholder group feels good about the policies most important to them. We mapped out each group’s top priorities and sought opportunities to balance tradeoffs creatively. For example, industry secured the ability to count a portion of post-consumer recycled content toward their source reduction targets, in exchange for agreeing to reuse and refill rate targets, a key priority for Environmental NGOs. Likewise, industry agreed to a higher mitigation fee in exchange for slightly lower recycling rate requirements. Rather than negotiating each policy in isolation and splitting the difference, bundling these elements together helped avoid stalemates and fostered a sense of shared ownership.

3. Focus on implementation. Reach out to other states implementing laws and meet with Circular Action Alliance (or other PROs). Talk through how the bill language will read to those implementing it. It’s crucial to consider how every provision will be operationalized, including the sequencing and timelines for each step. Early consultation with implementers helps identify potential pitfalls, prevents costly delays, and ensures a smoother rollout once the law takes effect.

I heavily relied on The Recycling Partnership for its EPR expertise and for its help facilitating discussions and mapping out the negotiation process.