State Legislative Update (West) 5.4.26

Below is an update on big ticket recent activity across the states in the Western Region. As always, please reach out with any questions.

CALIFORNIA

SB 54 - On Friday, May 1st, CA’s Office of Administrative Law approved the regulations for SB 54—CA’s EPR program, with an effective date of May 1.

With an approval in place, key registration and reporting deadlines are now in effect, including a 30-day registration requirement and producer report due for 2023 baseline supply data.
2025 annual supply and source reduction reports remain due June 1, 2026.
Final regulation text remains the same as the Notice of 15-Day Changes to Proposed Rulemaking that can be accessed here.

AB 2253 (Boerner): Solid waste: products: environmental marketing claims.

PLASTICS has joined an industry-wide Opposition coalition led by ACC. Attached is a copy of the most current coalition letter. The bill was placed on the Assembly Appropriations Committee suspense file. The committee will act on suspense file bills likely on May 14 with each being either being passed as is; passed with amendments; or held in committee. PLASTICS has been lobbying the Committee and Chair in opposition of the bill.

SB 1180 (Allen): Plastic Pollution Prevention and Packaging Producer Responsibility Act: California Plastic Pollution.

PLASTICS has joined an industry-wide Oppose Unless Amended Attached is a copy of the coalition letter. The bill ws heard on May 4, in Senate Appropriations Committee. PLASTICS continues to lobby in opposition of the bill.

AB 1148 (Sharp-Collins): Food packaging: hazardous chemicals.

PLASTICS has joined an industry-wide Opposition coalition led by ACC. Attached is a copy of the coalition letter from last year. PLASTICS will be added to the coalition letter when the bill begins to move this year when two-year bills are addressed in the legislature.

AB 2034 (Addis): Food safety: unsafe additives and ingredient disclosures.

AB 2034 is part of the larger multi-state bill introduction on FDA's GRAS.
AB 2034 would require state-level review, licensing, and public disclosure of food additives and ingredients, particularly those with potential health risks, and mandates a public database of ingredient information for packaged foods sold in the state.

PLASTICS is closely monitoring the bill, and our contract lobbyist remains in communication with legislators to raise our concerns. The bill may be sent to Assembly Appropriations Committee suspense file. Attached is the latest committee analysis with a long list of influential opposition.

SB 1031 (Blakespear): Solid waste: compostable products.

SB 1031 would require a compostable product to be labeled in a manner that distinguishes the product from a noncompostable product upon reasonable inspection by consumers and by solid waste processing facilities during receiving and processing and to be labeled with the word “compostable,” as specified.
SB 1031 would also require the Office of Environmental Health Hazard Assessment to conduct a study evaluating the health effects of degraded compostable plastics and their additives.

PLASTICS will be adopting an Oppose position on SB 1031. The bill is set for hearing in Senate Appropriations Committee on May 4.

AB 1812 (Aguiar-Curry): Solid waste: compostable products.

AB 1812 would prohibit selling or offering for sale any product labeled with the term “compostable” or “home compostable,” unless the product has OK compost HOME certification or meets a state-approved compostability standard.
Additionally, as of Jan. 1, 2027, AB 1812 would prohibit the sale or marketing of any product with such terms if made wholly or partially out of plastic.

PLASTICS will be adopting an Oppose position on AB 1812. The bill is currently on Assembly Appropriations Committee suspense file.

AB 1149 (Jackson) - Recycling: market development payments: polyethylene terephthalate plastic.

AB 1149 was gutted and amended last week to now do the following:

Require CalRecycle to establish a singular market development payment for empty polyethylene terephthalate (PET) plastic beverage containers collected for recycling and a singular market development payment for PET plastic collected and processed into flake or pellet, as specified.
Authorizes CalRecycle to expend up to $35,000,000 annually for market development payments to reclaimers and product manufacturers.
Would extend CalRecycle's authority to pay a market development payment from July 1, 2027, to July 1, 2029, inclusive.

COLORADO

SB26-016 (Cutter): The Plastic Pellet-Free Waters Act. SB26-016 prohibits the discharge of plastic pellets and other preproduction plastic materials through land application or into state waters, wastewater, storm water runoff, or other runoff by a facility, point source, or person that makes, uses, handles, packages, or transports plastic pellets or other preproduction plastic materials in the state.

PLASTICS adopted an Oppose position on SB26-016. PLASTICS submitted a veto request letter to the Governor. Attached is our veto letter. Unfortunately, Governor Polis has signed the bill—see here. PLASTICS/OCS was able to secure an amendment through the legislative process to remove the criminal penalty portion of the bill. We will remain engaged as the bill makes its way through the regulatory process.

SB26-171 (Cutter): Disposal of Preproduction Plastic Materials

SB26-171 prohibits the disposal of preproduction plastic materials at any location in Colorado that does not have a certificate of designation as a solid waste disposal site, replacing previous requirements and taking effect in August 2027 unless subject to referendum.
A narrow clean-up bill for SB26-016 that was encouraged by the Governor.

PLASTICS adopted an Amend position on SB 26-171. Charlottee Dreizen, PLASTICS' Senior Director, Sustainability & Environment, testified in an amend position to highlight our remaining concerns with SB26-016. The committee stated that the bill will remain narrowly tailored to the hazardous waste provision.

SJR26-022 (Cutter) – Plastic Pollution Awareness Week

SJR would designate July 12-18, 2026, as Plastic Pollution Awareness Week to raise public awareness about the health and environmental impacts of plastic pollution, including the impacts of microplastics and nanoplastics.

SB26-192 (Cutter) -Producer Responsibility Dues Appeals Process

May 5, SB26-192 was introduced in Colorado. The bill would:

Provide statutory authority to the EPR Advisory Board to adjudicate dues disputes between producers and CAA.

PLASTICS has registered an oppose position. SB26-192 hearing was May 6 at 1:30pm in the Senate Transportation & Energy Committee. Colorado's legislative session ends on May 13, so this will be a quick push.

ALASKA

HB 25 (Josephson): Disposable Food Service Ware (Polystyrene Ban)

PLASTICS has joined an opposition coalition with ACC and the Foodservice Packaging Institute. Coalition letter is attached.
On May 5 HB 25 was heard in the Senate State Affairs Committee. PLASTICS has submitted an opposition letter to the committee (attached) and will testify in opposition.

OREGON

RMA Lawsuit - Oregon Federal District Court made a decision in the National Association of Warehousers and Distributors’ (Warehousers) lawsuit against Oregon’s Plastic Pollution and Recycling Modernization Act. Judge Simon granted the Warehousers’ motion for preliminary injunction and ordered that Oregon's Department of Environmental Quality (DEQ) may take no steps to enforce the RMA against the Warehousers or its members. Judge Simons scheduled a pretrial conference for July 1, 2026. Trial will begin on July 13 and could go up to five days if necessary.

Oregon Business & Industry (OBI) (which PLASTICS is a member of) filed a motion to intervene. Judge Simon denied the motion to intervene (along with another filed on the same day by the American Forest & Paper Association). The Judge agreed with DEQ’s assertion that the timing of these motions to intervene would cause delay in the July 13 trial or prejudice Defendant’s ability to effectively litigate the case. OBI continues to weigh all of its options.

WASHINGTON

ECY Safer Products - Washington State’s Department of Ecology (ECY) shared an update on their Safer Products Cycle 2. While PVC/PVDC in plastic packaging remains a priority product and ECY is still researching the product category in this current cycle of Safer Products for Washington, they expect the alternatives analysis will not be completed in Cycle 2, and they plan to continue our analysis of these categories into future cycles. (Cycle 3 begins in 2028, with rules scheduled to be adopted by June 2033).

Although ECY does not expect to recommend restrictions for these categories in Cycle 2, they may propose reporting requirements for any of these categories to help deepen our understanding of current chemical use in products. They're encouraging manufacturers to continue to work with them to help ECY make informed decisions on these categories as they move forward. PLASTICS has scheduled future meeting with ECY. If you would like to participate, please let me know so that I can include you.

Ivy Brittain

Regional Director, State Government Affairs

d. 202.974.5294 | m. 916.708.3466

plasticsindustry.org

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