Tox of the Town
CAA Publishes 2027 Packaging EPR Fees for California
by Sedina L. Banks, Sherry E. Jackman, Bryce Lourié, and Kaylinn Charnley
On October 1, 2026, Circular Action Alliance (CAA), the Producer Responsibility Organization (PRO) responsible for implementation of California’s extended producer responsibility (EPR) law for packaging (SB 54), published its Producer Fee Schedule for 2027.
SB 54 is one of several state EPR laws around the country that require producers of packaging and food service ware to pay fees for the packaging and single-use food service ware that they introduce into that state. Fees are assessed based on the amount of a certain material type that a producer has contributed to the state (e.g., cardboard, rigid plastic containers, flexible plastic film, etc.). Fees are used to fund sustainable waste management programs in the state and to operate the EPR program.
The 2027 California fee schedule outlines the price that will be charged for each type of covered material under the law. This fee schedule should help obligated producers to estimate the amount they can expect to be invoiced by CAA in 2027 for their reported material under California’s EPR program. Fees are also subject to eco-modulation (i.e., higher or lower fee amounts) for eco-friendly or eco-detrimental aspects of the material. For example, non-recyclable/non-compostable material is subject to an increased factor (malus/+5%), while fees are reduced for materials with high recycling rates (bonus/-5%). Producers will receive two invoices for their annual fees: 50% in January and 50% in July. Each invoice will show fees by material category. Additionally, producers will receive one invoice for the Plastic Pollution Mitigation Fund (“PPMF”) portion in January.
A few observations worth noting:
- The 2027 fee rates remain preliminary pending regulatory approval and should be considered non-binding.
- Surprisingly, only 29% of producer fees fund the core program, while 59% fund regulatory costs.
- Base fees run from $0.01/lb for aluminum non-aerosol containers to $0.30/lb for PVC and flexible film.
- Any category with a plastic component adds $0.03/lb for reuse investment, $0.26/lb in PPMF weight fees, and $0.001 per unit in PPMF component fees, on top of the base fee.
Obligated businesses should continue to stay up to date with ever-evolving EPR requirements and are advised to seek the advice of experienced legal counsel to ensure they are meeting deadlines and obligations across the various states with packaging EPR programs.
