Packaging EPR Update: Week of October 26, 2026

Comment Period  |  CA

CalRecycle’s SB 54 page says it is accepting public comments on Circular Action Alliance’s producer responsibility plan through November 13, 2026. Comments go by email to packaging@calrecycle.ca.gov with the subject line “PRO Plan Comments”. CalRecycle received the plan on October 13, 2026 and says it has 75 days to review it under 14 CCR 18980.6.1(b)(2).

What this means for you: the plan describes how producers will meet SB 54’s requirements, so a producer with views on it has until November 13 to send them to CalRecycle. See the California page.

Source: CalRecycle, SB 54 program page (read October 25, 2026); 14 CCR 18980.6.1.

Litigation  |  CA

In State of Nebraska v. Heller (E.D. Cal., No. 2:26-cv-02214), CalRecycle Director Zoe Heller moved on October 23, 2026 to dismiss the First Amended Complaint without leave to amend, under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) (ECF 60). The free docket also lists two filings labeled Opposition to Motion and a second filing labeled Dismiss the same day (ECF 61 to 63), whose text and filers it does not show. The court’s August 31 order gives the plaintiffs until December 1, 2026 to reply on their preliminary injunction motion and to oppose a motion to dismiss, and the motion to dismiss is noticed for the January 15, 2027 hearing date.

What this means for you: no relief has been granted, so SB 54 obligations in California are unchanged. See the case page.

Source: CourtListener docket, ECF 51 and ECF 60 to 63 (read October 25, 2026).

Comment Period  |  RI

RIDEM has posted the draft Statewide Implementation Analysis that RRS prepared under R.I. Gen. Laws ch. 23-19.19, dated October 5, 2026. It compares five plans: the current system, the deposit-and-EPR program proposed in H6207 and S0996 in 2025, a stand-alone EPR program similar to Colorado’s, a stand-alone deposit system, and an expanded EPR program. At full implementation under its medium scenario, the draft puts the share of paper and packaging diverted at 13 percent under the current system, 20 percent with a deposit system alone, 29 percent with EPR alone, 33 percent with both, and 47 percent with the expanded EPR program. Comments go through RIDEM’s online form or by mail postmarked by 4 p.m. on November 16, 2026. The public hearing on November 4, 2026 at 1 p.m., at 235 Promenade Street in Providence, takes comments in person only; people attending online can watch but cannot comment.

What this means for you: Rhode Island has no packaging EPR obligation today, and the final report with findings and recommendations goes to the Governor and legislative leaders by December 1, 2026, so this comment period is the point to weigh in on which design a future bill uses.

Sources: RIDEM, Statewide Implementation Analysis page, draft report (October 5, 2026), and notice of public hearing; R.I. Gen. Laws 23-19.19-4.