What changed in the week of September 21, 2026

7 regulatory and policy changes. Everything below was checked against a primary source before publication. Entries carry the state or jurisdiction affected and the source that supports them.

Regulatory and policy

Comment Period  |  OR
Oregon Opens Comment on Changes to Its Covered Material Categories
Oregon DEQ is taking comment on CAA’s third amendment to its 2025 to 2027 program plan. The part that reaches producers changes the covered material categories used for reporting and fees: PET thermoformed containers get their own line, apart from PET lids, cups, plates, and trays; aluminum foil splits from molded aluminum containers; PP and HDPE tubs split from nursery pots and trays; and the hazardous-materials plastic category is renamed. PET thermoforms stay off the accepted list for now.

What this means for you: if you sell any of these items into Oregon, expect to report them on a new line once DEQ approves. CAA wants approval by December 2026 and expects the related rule changes in 2028. Comment to RethinkRecycling@deq.oregon.gov by 5 p.m. Pacific on October 19, 2026. Source: Oregon DEQ, Plastic Pollution and Recycling Modernization Act (read September 20, 2026); CAA proposed amended program plan, Table 21 and pages 119 and 189 to 190, and CAA cover letter of September 1, 2026.

(Corrected September 23, 2026: PET thermoformed containers are not on the accepted list, and the category changes are one rename, three splits, and one re-forming.)
Comment Period  |  CA
CalRecycle Opens Feedback on the Study That Defines Recyclable in California
CalRecycle held a workshop on September 29, 2026 on the scope of its next materials recovery facility characterization study, which SB 343 requires in 2027 and every five years after. The study’s data decides whether a package may carry a recyclability claim in California, and CalRecycle plans to align it with the SB 54 covered material categories.

What this means for you: nothing to do now, but only materials the study measures can pass California’s recyclability test later, so watch the final scope. Source: CalRecycle, SB 343 Accurate Recycling Labels (read September 20, 2026).

(Corrected October 7, 2026: this entry is dated September 21, 2026, before the September 29 workshop it describes, so it should have reported the workshop as scheduled rather than held.)
Legislative  |  CA
Newsom Vetoes SB 1180; AB 2253 Still Undecided
Governor Newsom vetoed SB 1180 on September 20, 2026. It would have set rules for spending the California Plastic Pollution Mitigation Fund. The PRO’s $500 million a year payment into the fund from 2027 comes from SB 54 and is unaffected. AB 2253 was still undecided on September 20.

What this means for you: nothing changes, and what you pay into the fund through the PRO stays the same. Source: Office of the Governor of California, legislative update (September 20, 2026).

(Update, September 30, 2026: Governor Newsom vetoed AB 2253 on September 27, 2026; legislative update.)
Comment Period  |  CA, CAA
CAA Opens Comment on the California Funding and Services Agreement
Circular Action Alliance is taking comment from August 26 to October 24, 2026 on its draft California Funding and Services Agreement, the contract terms it will pay recycling and reuse service providers under.

What this means for you: producers have nothing to file, but these payments are the largest input to future California fees, and this is the only public window on the terms. If you provide recycling or reuse services in California, comment by October 24. Source: Circular Action Alliance, California (read September 20, 2026).

(Corrected October 8, 2026: the ranking of these payments as the largest input to future California fees is withdrawn, because no source establishes it. The draft agreement and its Project Schedules set the terms on which CAA will pay California recycling and reuse service providers.)
Comment Period  |  OR
Oregon Proposes New Packaging Exemptions in Its Third RMA Rulemaking
Oregon DEQ proposed its third Recycling Modernization Act rulemaking on September 21, 2026. It would exempt several packaging types from the covered product rule (OAR 340-090-0840), among them leased reusable plastic containers, industrial specialty packaging such as gaylords of 33.8 cubic feet or more, film in direct contact with raw meat (until 2032), and ag-chemical HDPE containers eligible for Ag Container Recycling Council collection. Correction (October 7, 2026): as drafted, the raw meat film exemption is valid through December 31, 2032 (proposed OAR 340-090-0840(2)(m)); DEQ’s notice says it is proposed to expire in 2032. It would also reduce the PRO’s glass collection duties, which DEQ expects could lower the $0.10 per pound glass fee in 2027, though CAA’s board sets fees.

What this means for you: these are proposals, so keep reporting as you do today. If one fits your packaging, speak at the October 20 (10 a.m.) or October 21 (6 p.m.) hearing, or email RMARulemaking3@deq.oregon.gov by 4 p.m. on October 30, 2026. DEQ plans to take the rules to the commission on or after January 14, 2027. Sources: Oregon DEQ, Notice of Proposed Rulemaking, Recycling Modernization Act Rulemaking 3 (September 21, 2026); Oregon DEQ, Recycling Modernization Act Updates 2026 rulemaking page.

(Corrected October 1, 2026: the garbage-bag exclusion is already in force under temporary rule DEQ 10-2026, through March 12, 2027; OAR 340-090-0840.)

(Corrected October 7, 2026: the exemption for ag-chemical HDPE containers eligible for Ag Container Recycling Council collection is already in force at OAR 340-090-0840(2)(d)(D). Rulemaking 3 would make it subject to new conditions in a new OAR 340-090-0841 rather than create it.)

Update, October 7, 2026: CAA’s 2027 Oregon Producer Fees Schedule, published October 1, 2026, sets Glass Bottles and Jars & Other Containers at a base rate of 4 cents per pound and a final rate of zero after reserve drawdowns (CAA, 2027 Oregon Producer Fees Schedule).
Litigation  |  OR
NAW Appeals the Oregon EPR Ruling to the Ninth Circuit
On September 24, 2026 NAW appealed to the Ninth Circuit from the August 28 judgment that upheld Oregon’s Recycling Modernization Act (NAW v. Feldon, ECF 209). NAW says it will press its dormant Commerce Clause and due process claims. The docket shows no request to stay the ruling.

What this means for you: nothing changes in Oregon, so keep registering, reporting, and paying. If you were a NAW member on February 6, 2026, the ruling does not say what became of that injunction, so get advice before relying on it. See the NAW v. Feldon case page. Sources: NAW v. Feldon docket, notice of appeal ECF 209 (September 24, 2026); NAW, NAW Appeals Oregon EPR Ruling to the Ninth Circuit (September 24, 2026).
Legislative  |  CA
Newsom Vetoes AB 2253 on Recycled Content Claims
Governor Newsom vetoed AB 2253 on September 27, 2026. It would have extended California’s recycled content documentation rules, which cover plastic food containers today, to every product making a recycled content claim from 2030. His veto message cites the burden on manufacturers already facing tariff and trade pressures.

What this means for you: nothing changes. The current rules for plastic food container claims stay as they are. Sources: Governor Newsom, AB 2253 veto message (September 27, 2026); Office of the Governor of California, legislative update (September 27, 2026).