Amend SB-54 for K-12 School Districts pro-actively recycling polystyrene foam lunch trays

The Issue

Help ensure Common Sense Recycling of foam lunch trays can continue! 
Let's amend SB-54 to allow K-12 districts that can prove they are recycling their foam trays (via a Turn-Key thermal foam densification program) to keep doing so and let's allow suppliers to keep selling to these good environmental stewards.

We ask you to support our efforts to have legislators add an amendment to SB-54 explicitly stating that K-12 school districts that utilize on-site thermal densification recycling technology may continue to procure and use polystyrene foam foodservice wares  -- and that their distributors, wholesalers or other suppliers may again provide such disposable trays.

Let's not unintentionally punish such districts, but instead reward districts who can demonstrate they are already recycling foam.  This makes more sense than forcing such districts to buy and then often Landfill expensive, "compostable" lunch trays.  If you've invested in technology to enable you to recycle polystyrene and you don't have viable compost infrastructure in your area, let's recognize that reality.  This is a story of the best of intentions, with unintended negative financial and environmental consequences. It places an  unfair burden on pro-active districts who were already ahead of the curve on recycling.

The SB-54 Plastic Pollution Prevention and Packaging Producer Responsibility Act has many commendable goals.  The legislation effectively leverages punitive measures against the major producers and sellers of plastic and polystyrene (foam) products, to achieve environmental goals.  We commend the long-term goals and intent behind the legislation.  Where it makes sense, this is a good approach.  However, it doesn't take place in a world where everyone can actually compost "compostable" trays.

 K12 Schools take issue with how one segment's proactive Recycling efforts are now being punished instead of rewarded.  K-12 Districts that were already recycling their soiled foam lunch trays had about 2-3 weeks Notice from their suppliers in December 2024 about the January 1st cut-off date to purchase foam lunch trays.

Small and rural K-12 Districts now face a Doubling or Tripling of their tray costs, while also losing an effective way to Recycle Disposable trays!

In addition, this will Double their waste disposal costs, because whereas thermal densification of foam lunch trays achieves 95% on-site reduction, that's not possible with paper-based trays,.  K-12 Schools that have already been proactively recycling polystyrene foam lunch trays should be permitted to keep buying such trays and recycling them.  We all want to do what's right and a one-size fit's all approach doesn't take into account local compost infrastructure or K-12 District Budgets and how SB-54 can literally force many districts to reduce scratch cooking of nutritious meals, to afford expensive paper-based trays -- that they have to landfill, because they have no compost site close enough to properly recycle that compostable tray.

avatar of the starter
Kim EgerPetition StarterExecutive who believes in landfill diversion of organics and foam. I understand Logistics and Infrastructure realities. I feel it's better to actually recycle a foam lunch tray than pretend to recycle a compostable one, due to lack of local infrastructure

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The Issue

Help ensure Common Sense Recycling of foam lunch trays can continue! 
Let's amend SB-54 to allow K-12 districts that can prove they are recycling their foam trays (via a Turn-Key thermal foam densification program) to keep doing so and let's allow suppliers to keep selling to these good environmental stewards.

We ask you to support our efforts to have legislators add an amendment to SB-54 explicitly stating that K-12 school districts that utilize on-site thermal densification recycling technology may continue to procure and use polystyrene foam foodservice wares  -- and that their distributors, wholesalers or other suppliers may again provide such disposable trays.

Let's not unintentionally punish such districts, but instead reward districts who can demonstrate they are already recycling foam.  This makes more sense than forcing such districts to buy and then often Landfill expensive, "compostable" lunch trays.  If you've invested in technology to enable you to recycle polystyrene and you don't have viable compost infrastructure in your area, let's recognize that reality.  This is a story of the best of intentions, with unintended negative financial and environmental consequences. It places an  unfair burden on pro-active districts who were already ahead of the curve on recycling.

The SB-54 Plastic Pollution Prevention and Packaging Producer Responsibility Act has many commendable goals.  The legislation effectively leverages punitive measures against the major producers and sellers of plastic and polystyrene (foam) products, to achieve environmental goals.  We commend the long-term goals and intent behind the legislation.  Where it makes sense, this is a good approach.  However, it doesn't take place in a world where everyone can actually compost "compostable" trays.

 K12 Schools take issue with how one segment's proactive Recycling efforts are now being punished instead of rewarded.  K-12 Districts that were already recycling their soiled foam lunch trays had about 2-3 weeks Notice from their suppliers in December 2024 about the January 1st cut-off date to purchase foam lunch trays.

Small and rural K-12 Districts now face a Doubling or Tripling of their tray costs, while also losing an effective way to Recycle Disposable trays!

In addition, this will Double their waste disposal costs, because whereas thermal densification of foam lunch trays achieves 95% on-site reduction, that's not possible with paper-based trays,.  K-12 Schools that have already been proactively recycling polystyrene foam lunch trays should be permitted to keep buying such trays and recycling them.  We all want to do what's right and a one-size fit's all approach doesn't take into account local compost infrastructure or K-12 District Budgets and how SB-54 can literally force many districts to reduce scratch cooking of nutritious meals, to afford expensive paper-based trays -- that they have to landfill, because they have no compost site close enough to properly recycle that compostable tray.

avatar of the starter
Kim EgerPetition StarterExecutive who believes in landfill diversion of organics and foam. I understand Logistics and Infrastructure realities. I feel it's better to actually recycle a foam lunch tray than pretend to recycle a compostable one, due to lack of local infrastructure

The Decision Makers

Roger Niello
California State Senate - District 6
Responded
I received your email notifying me of the petition in support of amending Senate Bill 54 (2022, Allen) as it relates to the use of polystyrene foam lunch trays in K-12 school districts. I appreciate the opportunity to respond to this petition. Senate Bill 54 was signed by Governor Gavin Newsom in June 2022 before I was elected to the California State Senate. It is my goal to listen to the concerns of constituents and keep their views in mind if this topic comes before me for consideration in the California State Senate. I have also sent this information to my legislative staff so they are also aware of the petitioners’ request. As a matter of practice, I like to fully research all legislative proposals when considering new policy ideas. Constituents are welcome to email senator.niello@senate.ca.gov or comment on my website where you can track legislation, read articles of interest, and join the mailing list. Sincerely, ROGER NIELLO Senator, Sixth District
Gavin Newsom
California Governor
Heath Flora
California State Assembly - District 9

Supporter Voices

Petition Updates