Congress considering measure to mandate 30% recycled plastic content in packaging by 2030; US states propose bills to create mattress, battery and paint recycling programs to be funded by manufacturers or fees collected at purchase: Legislation Monitor

November 11, 2024 (Industry Intelligence Inc.) –

Recycling-related legislation is currently under consideration in Congress and three state legislatures in the United States, with potential implications for the plastic packaging, mattress, battery, and paint industries. If passed, these measures would align with similar recycling laws already enacted in 33 states.

The proposed federal legislation would mandate that plastic packaging contain at least 30% recycled content. Meanwhile, the state bills under review would require manufacturers to cover the costs of managing recycling programs for the products they produce.

Bills under consideration include:

• US HB9676. This federal measure, known as the Accelerating a Circular Economy for Plastics and Recycling Innovation Act of 2024, directs the Environmental Protection Agency (EPA) to establish national recycling standards, promote a circular economy for plastics, and enhance recycling systems. It mandates a minimum of 30% recycled plastic in packaging, to be phased in starting in 2030.
• MA H881. This proposed legislation in Massachusetts requires producers to develop a system for collecting and recycling discarded mattresses. Fees collected on mattress purchases would fund the program.
• NY A07339: This New York bill regulates rechargeable battery recycling, including batteries in electric scooters and bicycles. It mandates manufacturers fund an approved plan for the collection and recycling of end-of-life batteries. The measure also prohibits retailers from selling batteries from manufacturers not involved in approved recycling plans and requires retailers to accept used rechargeable batteries from consumers.  
• NJ A4965. This New Jersey measure mandates paint producers join or create stewardship programs to recycle and dispose of post-consumer architectural paint. It includes a ban on the sale of non-compliant paint after 18 months and requires producers to submit annual performance reports to the state. Fees collected on paint purchases would fund the program.

The state measures shift the responsibility for funding recycling programs from governments to manufacturers, who would then bear the costs associated with properly disposing of their products. According to the National Conference of State Legislatures, the intent of similar laws in other states is to save taxpayer money while incentivizing manufacturers to design more sustainable products.

However, these measures can result in extra costs and complexity for manufacturers, reports specification management firm Specright. Costs may include funding recycling efforts and redesigning products, which can affect material sourcing and supply chain operations. Companies also face the challenge of navigating various state laws, which can add to operational complexity.

Some of the bills under consideration allow companies to pass recycling costs on to consumers by charging fees at the point of purchase, although this practice varies by state.

Failing to stay informed about new legislation can result in non-compliance, costly product recalls, redesigns, penalties, erosion of consumer trust, and even legal action. However, many companies lack the resources to effectively track bills that could impact their operations. Legislation Monitor from Industry Intelligence Inc provides the essential information business leaders need to track legislative changes.

The monitor delivers real-time updates on bill histories, sponsor tracking, and AI-generated summaries along with connections to related news and expert analysis. 

Don’t get caught off guard by legislative proposals that can affect your business. Learn more with our interactive Legislation Monitor demo at https://info.industryintel.com/market-intelligence-legislation-monitor. 

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