Bill
AB 973
The bill replaces the old rigid-plastic recycling program with a statewide scheme requiring manufacturers to register, report, certify recycled content, and meet minimum postconsum
Status & Procedural History
- Introduced: February 20, 2025.
- Committees: Natural Resources, Judiciary, Appropriations.
- Most recent status: In committee — held under submission (May 23, 2025).
- The bill was amended and read a second time on April 22, 2025; re-referred several times (see legislative actions for timeline).
Purpose / Intent
- To repeal and replace the current rigid plastic packaging container recycling program (California Integrated Waste Management Act of 1989 provisions) with a broader regulatory program for “plastic packaging and products,” and to modernize registration, recycled-content requirements, reporting, enforcement, and related fee/penalty structures.
Key Provisions
- Program replacement: Repeals the existing rigid plastic packaging container program and establishes a new statewide program covering defined “covered products” (plastic packaging and products).
- Manufacturer registration and fees:
- Requires manufacturers of covered products to register with the Department of Resources Recycling and Recovery (CalRecycle) and pay an annual registration charge on or before July 1, 2026, and annually thereafter.
- Registration must include specified information (e.g., brand names of covered products).
- CalRecycle must provide an online/electronic registration process.
- Third-party certification and reporting:
- Effective January 1, 2029, manufacturers must include third‑party certification of postconsumer recycled content for each covered product as part of annual registration; certification must be submitted under penalty of perjury.
- On and after April 1, 2028, manufacturers must submit an annual report to CalRecycle on amounts and types of plastics used in covered products (format prescribed by the department).
- Confidential/proprietary information collected for the program is exempt from disclosure under the California Public Records Act.
- Minimum recycled-content requirements:
- The bill establishes annual minimum percentages of postconsumer recycled content that manufacturers must meet for covered products (specific percentages are set in the bill text).
- CalRecycle may grant waivers (up to 2 years) upon application; waiver application fee capped at $1,000.
- Enforcement and penalties:
- Failure to register: administrative civil penalties (digest cites up to $1,000 per day and references $5,000 per day per violation — details specified in bill language).
- Failure to meet minimum recycled-content: administrative civil penalty assessed on a per‑pound basis for each pound of virgin material used in lieu of required recycled material. CalRecycle may reduce penalties if it approves a corrective action plan.
- All penalties and fines are deposited into the Rigid Container Account (continued) and used, upon appropriation, to assist local agencies with collection/processing systems, market development, and CalRecycle program costs.
- Program administration:
- CalRecycle must adopt implementing and enforcement regulations.
- Manufacturers may authorize third‑party organizations to comply on their behalf (e.g., for registration and reporting).
- Repeals certain existing trash-bag provisions:
- Existing law requiring manufacturers of certain plastic trash bags to meet 10% in-bag recycled postconsumer content (or 30% across products) and related reporting and wholesaler certification requirements would be repealed and replaced under the new program structure.
Who Is Affected
- Primary: Manufacturers of “covered” plastic products and packaging sold or offered for sale in California.
- Secondary: Organizations acting on manufacturers’ behalf, local governments (which may receive funds), and potentially wholesalers under prior law (those prior reporting/eligibility rules for state contracts would be repealed).
- CalRecycle: new duties for registration, certification handling, rulemaking, data collection, and enforcement.
Fiscal & Legal Notes
- The digest notes that the bill may expand the scope of a crime and thus could create a state‑mandated local program (constitutional reimbursement provisions referenced).
- Penalty revenues flow to the existing Rigid Container Account for specified recycling program purposes.
- Some specifics (exact recycled-content percentages and detailed penalty schedules) are referenced in the bill text but are not included in the digest excerpts; consult the full bill for numeric thresholds and exact enforcement formulas.
Practical Impact
- Manufacturers will face new compliance steps: registration, fees, certified proof of recycled content (by 2029), annual reporting (by 2028), and potential per‑pound penalties for noncompliance.
- The bill aims to increase use of postconsumer recycled plastics, improve data transparency on plastic use, and direct penalties to support recycling infrastructure and market development.
For full details and numeric requirements, refer to the bill text as amended and accompanying CalRecycle regulatory guidance once issued.
Compiled from official sources — confirm details with the bill’s official record.
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