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Ieva Devjatovska
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Extended Producer Responsibility (EPR) in California

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Ieva Devjatovska
Author

Extended Producer Responsibility (EPR) in California

What is Extended Producer Responsibility in California

Extended Producer Responsibility (EPR) is a concept that makes the producer, rather than the end user or municipality, responsible for the disposal and recycling of goods. In California, EPR California is regulated by the California Department of Resources Recycling and Recovery (CalRecycle), a state agency under the California Environmental Protection Agency. Unlike in Europe, where Extended Producer Responsibility is regulated at the national level, in the U.S. laws are passed at the state level. California is considered the leader in such initiatives.

Waste streams covered under California EPR law

California law covers a number of waste streams, including:

  • packaging
  • batteries
  • textiles
  • medications and medical needles
  • mattresses
  • carpets
  • paint

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Extended Producer Responsibility (EPR) in California photo 1

Each program is administered by a stewardship organization approved by CalRecycle. Producers and importers are mandated to register with these bodies, pay environmental fees, and submit reports. California is one of the first U.S. states to implement Extended Producer Responsibility (EPR) California programs. Each law is focused on a specific type of waste and requires producers to participate in collection and recycling programs. The first legislative initiatives started back in the early 2010s, and since then the program has been expanding to cover more product categories.

Extended Producer Responsibility (EPR) in California photo 2

History of EPR California programs

The beginning of California’s Extended Producer Responsibility policy can be considered the Carpet Stewardship Program, introduced in 2010 by AB 2398.This law required carpet manufacturers to support programs to collect and recycle post-consumer carpet. Companies must develop systems to collect, recycle and dispose of the materials. Thanks to this program, a separate industry for carpet recycling has been created. The Carpet America Recovery Effort (CARE) was approved to fulfill the obligation, organizing collection, and reporting to CalRecycle.

Two years later, in 2012, AB 1343 was enacted, which launched the Paint Stewardship Program. It requires paint manufacturers to fund a network of waste paint collection and recycling facilities. The Paint Stewardship Program ensures that leftover paint is reused or recycled. PaintCare, which manages the initiative under the direction of CalRecycle, was established for this objective as part of EPR California.

In 2013, California passed another law, SB 254 (Used Mattress Recovery and Recycling Act), which created the Mattress Stewardship Program. Since then, mattress manufacturers and retailers have been required to register with the Mattress Recycling Council (MRC), pay environmental fees, and participate in the collection and recycling system, ensuring that mattresses are collected and recycled throughout California.Based on CalRecycle data, millions of mattresses are discarded in landfills annually. The Mattress Stewardship Program helps reduce illegal landfills, increase recycling and reduce disposal costs for local governments.

The next step was the passage of SB 212 in 2018, which launched the Pharmaceutical and Sharps Waste Stewardship Program. It required manufacturers of pharmaceuticals and medical needles (sharps) to organize safe collection and disposal systems. This reduces the risk of pharmaceutical substances entering the environment and reduces public health threats under the California EPR law.

Waste Stream Law / Program Stewardship Organization (reporting entity) Role of CalRecycle
Paint Paint Stewardship Program (2012) PaintCare Approves PaintCare’s plan, reviews annual reports
Mattresses Used Mattress Recovery and Recycling Act (2013) Mattress Recycling Council (MRC) Oversees program performance, publishes annual results
Carpet Carpet Stewardship Program (2010) Carpet America Recovery Effort (CARE) Reviews CARE’s annual reports, imposes penalties if necessary
Pharmaceuticals & Sharps Pharmaceutical and Sharps Waste Stewardship Act (2018) Multiple stewardship organizations approved by CalRecycle Maintains registry of programs, monitors compliance
Packaging (Plastic) Plastic Pollution Prevention and Packaging Producer Responsibility Act (SB 54, 2022) Producer Responsibility Organization (PRO) approved by CalRecycle (established in 2023) Supervises the PRO, reviews producer reporting
Batteries Responsible Battery Recycling Act (AB 142, 2022) Stewardship organization under development, pending CalRecycle approval Approves operators, enforces compliance
Textiles Responsible Textile Recovery Act (AB 1187, 2023) PRO to be established and approved by CalRecycle Approves the plan, monitors reporting

Expansion of Extended Producer Responsibility California

Beginning in the mid-2020s, EPR California became particularly active in implementing new programs. In 2022, SB 54 (Plastic Pollution Prevention and Packaging Producer Responsibility Act) was passed. It placed an obligation on manufacturers to switch to recyclable or compostable packaging, as well as fund recycling infrastructure. This is the largest program, as packaging makes up a significant portion of household waste.

Also in 2022, under EPR California, AB 142 was passed, which launched the Responsible Battery Recycling Act. The Act creates a mandatory collection and recycling system for batteries and battery packs. Responsible Battery Recycling Program introduces an obligation for manufacturers and importers of batteries and accumulators to fund safe collection programs. Lithium-ion and other batteries contain toxic substances and their improper disposal leads to environmental pollution and landfill fires.

Finally, in 2023, AB 1187 was passed, which set the framework for the Responsible Textile Recovery Act. This law brought textiles and clothing into the EPR system for the first time, requiring manufacturers to organize the reuse, repair, or recycling of textile products. Manufacturers are required to participate in and fund recycling programs. This is especially important given that textiles are one of the largest sources of waste in landfills. These laws reflect how Extended Producer Responsibility California continues to expand.

Role of CalRecycle in EPR California

The implementation of all of these programs will be done through a specialized PRO under the supervision of CalRecycle. The business registers and reports to stewardship organizations (PaintCare, MRC, CARE, etc.). CalRecycle remains the final supervisory authority — approving plans, maintaining the participant registry, publishing reports, and conducting audits. Through these responsibilities, EPR California is enforced consistently across industries.

Economic impact of California EPR Law

The introduction of EPR in California has significantly changed the financial model for companies operating in the regulated goods market. The main tool became mandatory environmental fees (eco-fees), which are paid by producers or importers for each product sold. For example, the Paint Stewardship Program has a paint fee included in the price of each can of paint; the Mattress Stewardship Program has a mattress fee added to the price of each mattress. These fees are sent to stewardship organizations (PaintCare, Mattress Recycling Council, etc.) that organize the collection and recycling system.

Costs are allocated throughout the supply chain: initially, they are charged to manufacturers and importers, but eventually they are often passed on to consumers in the form of higher retail prices. This can be a serious problem for small and medium-sized enterprises, as they have fewer opportunities to optimise costs and negotiate with suppliers.Nevertheless, Extended Producer Responsibility motivates businesses to redevelop products and packaging, implement more eco-friendly materials, and minimize waste.

From a competitive viewpoint, environmental charges level playing fields: all contenders must pay fees, and dodging payment leads to sanctions. This creates a transparent market in which companies that innovate and offer more environmentally friendly products that can offset price increases through value to the consumer benefit.

Comparison of EPR California with other states and Europe

While California is viewed as a pioneer in the development of EPR, it is not the sole state where these programs have been established. For example, Oregon and Vermont have launched their own Paint Stewardship Programs, also managed by PaintCare. Several states, including Connecticut and Rhode Island, boast mattress recycling initiatives via the Mattress Recycling Council. New York is discussing the introduction of EPR for packaging, and Washington State has already passed a law on extended producer responsibility for plastic packaging, largely inspired by EPR California and the SB 54 model. California’s key distinction lies in its more methodical and extensive implementation of EPR, encompassing various product classes simultaneously and enacting fresh legislation nearly annually. Many states implement EPR selectively — only for one type of product (e.g., paint or mattresses).

In contrast to Europe, where regulations are consistent, firms in the US encounter a collection of rules differing by state, thus making it hard for companies operating nationwide to adhere to mandates. In California, unlike France, for example, there is less standardization: each program is regulated by a separate law, and enforcement is delegated to stewardship organizations approved by CalRecycle. Also, unlike Europe, where companies are required to integrate eco-design principles and reduce packaging, California laws currently focus on organizing collection and recycling.

A core aspect of the European model is centralized control: statutes are passed at the national or EU level, and their implementation is watched by governmental bodies like ADEME in France. Manufacturers are required to register, obtain a Unique Identification Number (UID), and apply mandatory Triman labeling to their products to inform consumers about sorting rules.

Extended Producer Responsibility California as a model

Over the past thirteen years, EPR California has become one of the most advanced examples of environmental regulation in the United States. Starting with the Carpet Stewardship Program in 2010 and ending with the Responsible Textile Recovery Act in 2023, the state has built a whole network of obligations for manufacturers and importers, covering key waste categories — from carpets and mattresses to packaging, batteries, and textiles.

California is setting the standard for other US states: Oregon, Washington, New York, and Vermont are gradually adopting its approach, but the system remains fragmented and disjointed at the national level. A comparison with Europe shows that California is moving in the same direction, but with adjustments to the American model: while the EU has a centralized and unified system with uniform requirements for labeling and accounting, in the US everything is decided at the state level. Nonetheless, the enactment of SB 54 regarding packaging signals that California is endeavoring to get nearer to European norms, concentrating not merely on recycling, but on waste reduction as well.

Conclusion on EPR California

Thus, EPR California is not just a legal obligation, but a strategic tool that changes the rules of the game for business. Companies that adapt to the new requirements in time, implement sustainable design, and establish cooperation with stewardship organizations will gain a competitive advantage in the market and be ready for future tightening of environmental standards.

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September 11, 2025 1544
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Ieva Devjatovska

Ieva Devjatovska

Tax Specialist at Lovat

Ieva Devjatovska is an Indirect Tax Specialist at Lovat, where she has been contributing her expertise since August 8, 2022. With a passion for making international tax law more accessible, Ieva analyzes global regulatory initiatives and translates complex concepts such as e-invoicing, Peppol, EPR, and VAT in the digital age into clear and practical guidance. She also creates expert content for the Lovat blog, helping businesses and taxpayers stay up to date with legislative news and practical compliance strategies. Ieva graduated from Riga Technical University in 2022 with a degree in Economics, which provided her with a strong foundation in financial systems and economic analysis, further enriching her expertise in indirect tax compliance.

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