California’s extended producer responsibility (EPR) law for packaging — Senate Bill 54 (SB 54), the Plastic Pollution Prevention and Packaging Producer Responsibility Act — has re-entered formal rulemaking following a year of regulatory turbulence. Governor Gavin Newsom’s rejection of the initial draft regulations in March 2025 forced CalRecycle to restart the process, with a new round of formal rulemaking opening on August 22 and public comments closing in early October.

Even as regulators refine the rules, producers face a fast-approaching voluntary reporting deadline of November 15, 2025, set by the state’s Producer Responsibility Organization, Circular Action Alliance (CAA). This first submission requires producers to report their 2023 packaging supply data, which will inform the development of CAA’s 2026 Producer Responsibility Plan and shape future fee structures under the law.

While the November deadline is not statutory, CalRecycle and CAA have emphasized its importance for program planning and compliance readiness — making it a crucial early milestone for companies subject to California’s packaging EPR requirements.

Key Milestones Ahead

The SB 54 implementation timeline remains tight despite the delay in final regulations:

Producer Uncertainty and Data Challenges

The Circular Action Alliance (CAA) — California’s designated Producer Responsibility Organization (PRO) — continues to prepare for its 2026 program plan submission while awaiting regulatory clarity. According to CAA Chief of Staff Shane Buckingham, the organization is moving ahead with data collection on reuse, compostable packaging, and reimbursement models.

A major pain point for producers is uncertainty around data granularity — particularly the “de minimis” thresholds determining whether tiny material components (like plastic liners in cans) must be reported separately. CAA has issued early guidance and preliminary fee ranges to help producers budget, though final numbers depend on forthcoming regulations.

Buckingham urged producers to start preparing now, noting that once the rules are finalized, the turnaround for submitting 2023 data could be as short as 30 days.

Calls for Progress Amid Complexity

Advocates and advisory board members are pressing for progress, even if the first version of the program isn’t perfect. Joanne Brasch of the California Product Stewardship Council noted that long regulatory lead times are typical for complex EPR laws and argued that it’s “more important to get the program running” and refine it later through legislative clean-up.

Others, like Rachel Michelin of the California Retailers Association, worry about the burden on small businesses and overlapping EPR rules. She cautioned that frustration and confusion could lead to non-compliance and emphasized the need for clearer education and alignment across related laws.

National Context: A Growing EPR Trend

California joins Oregon and Colorado in advancing packaging EPR programs — with producer reporting beginning in all three states between 2025 and 2026.

• Oregon: First reports were due March 31 (2025).

• Colorado: Producer reports were due July 31 (2025).

• California: Initial reporting of 2023 data requested by November 15 (2025); fee payments will begin in 2027, based on 2025 data.

Trade associations have urged California regulators to delay the voluntary 2025 reporting deadline until the rules are finalized, arguing that the uncertainty undermines readiness and risks inconsistent data quality.

Looking Ahead

Stakeholders expect final regulations and fee structures by early 2026, followed by CAA’s comprehensive Producer Responsibility Plan mid-year. The state’s ability to restore confidence and coordination among regulators, retailers, and recyclers will determine whether California’s ambitious packaging EPR framework becomes a national model — or a cautionary tale.

As Timothy Burroughs, Executive Director of StopWaste, summarized:

“The level of debate is an indication of SB 54’s potential impact. We just need regulatory clarity to move forward.”