An act to repeal Chapter 5.4 (commencing with Section 42290) of Part 3 of Division 30 of, and to repeal and add Chapter 5.5 (commencing with Section 42300) of Part 3 of Division 30 of of, the Public Resources Code, relating to recycling.
AB 973 would repeal California’s existing rigid plastic packaging container recycling program and replace it with a broader “plastic packaging and products” program administered by CalRecycle. The bill expands the covered universe to include rigid plastic containers, rigid plastic products, and certain film plastics such as overwrap, shrink wrap, industrial film bags, lawn and garden film bags, and plastic trash bags, while carving out numerous exemptions for food packaging, medical and pharmaceutical packaging, hazardous materials packaging, compostable containers, reusable/refillable packages, and other specified products.
Under the new framework, manufacturers of covered products would have to register annually with the department, pay a registration charge of up to $1,000 unless exempt as a small manufacturer or manufacturer of only exempt products, and provide detailed information about product brands, weights, and recycled content. Beginning in 2028, manufacturers would need to meet minimum postconsumer recycled content requirements, with different thresholds for general covered products, rigid containers, plastic trash bags, and roll carts. The bill also requires annual reporting starting in 2028, third-party certification of recycled content starting in 2029, and allows the department to audit manufacturers and use a multistate clearinghouse or representative organizations to help administer compliance.
The bill would also change enforcement and funding mechanisms. It creates administrative civil penalties for noncompliance, including per-pound penalties tied to virgin plastic used instead of required recycled content and separate daily penalties for registration or reporting violations. The bill continues the Rigid Container Account and directs penalties and fines into that account for recycling-related implementation, market development, and department costs. It also authorizes waivers of up to two years where compliance is not technologically feasible, conflicts with other laws, or is limited by supply, and allows penalty reductions through approved corrective action plans.
AB 973 would significantly alter state law by repealing the existing plastic trash bag provisions and replacing the current rigid container program with a broader recycled-content and reporting regime for plastic packaging and products. It would also authorize the department to adopt regulations, establish an electronic registration system, and keep certain manufacturer-submitted information confidential under the Public Records Act exemption. The bill’s own findings frame the policy as a response to low recycling rates for film and flexible plastics and as a way to spur markets for postconsumer recycled material.
The general sentiment reflected in the vote history appears strongly supportive, with unanimous committee votes in both hearings. The bill was advanced 14-0 in one committee and 9-0 in another, suggesting broad agreement on the goal of expanding recycled-content requirements and strengthening oversight. The main points of contention implied by the text are not reflected in recorded opposition, but the structure of the bill indicates likely concerns around compliance costs, supply availability of recycled plastic, technological feasibility, confidentiality of proprietary business information, and the scope of exemptions and waivers. The inclusion of flexible penalties and waiver authority suggests an effort to balance environmental goals with manufacturer and supply-chain constraints.
AB 973 would repeal Chapter 5.4 and the existing Chapter 5.5 in the Public Resources Code and enact a new Chapter 5.5 governing plastic packaging and products. It would expand CalRecycle’s authority over manufacturers of rigid plastic containers, rigid plastic products, and specified film plastics, impose registration, reporting, certification, and recycled-content obligations, and create new administrative enforcement tools and penalty structures. The bill would also preserve and repurpose the Rigid Container Account to fund implementation and recycling infrastructure support, while exempting confidential manufacturer data from public disclosure.
The available voting record shows unanimous committee support, indicating a generally favorable sentiment toward the bill’s recycling and recycled-content goals. The bill’s findings emphasize environmental benefits, market development for recycled plastics, and the need to address low recycling rates for flexible plastics. At the same time, the bill’s detailed waiver, corrective-action, and exemption provisions suggest lawmakers were attentive to implementation challenges and industry feasibility concerns.
No committee transcript is available, and the recorded votes show no formal opposition, so there is no documented floor or committee debate to identify specific objections. Based on the bill text, the most likely areas of contention are the compliance burden on manufacturers, the feasibility of meeting recycled-content thresholds given market supply constraints, the confidentiality exemption for proprietary information, and the breadth of products covered versus exempted. The bill’s waiver process and reduced-penalty corrective action provisions appear designed to address those concerns, especially for manufacturers facing FDA, technological, or supply limitations.