Washington State adopts packaging Extended Producer Responsibility law as seventh West Coast state; legislation requires producers to cover 90% of recycling costs by 2032

May 25, 2025 (press release) –

The packaging policy across the country is shifting, as states adopt legislation spanning data reporting to label design. From Maine to California—and all the states in between—there’s a lot to keep track of in the world of packaging policy.

Whether you’re an engineer, a designer, or just a fan of sustainable packaging, SPC’s Senior Project Manager and Packaging EPR Collaborative Lead Lucy Pierce is breaking down noteworthy policy updates every month.

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May packaging policy roundup

1. With Washington’s EPR Passage, 1 in 5 Americans Lives in a State with EPR

Update: Washington state passes packaging EPR legislation.

On May 17, 2025, Washington Gov. Bob Ferguson signed The Recycling Reform Act (SB 5284) into law, making Washington the 7th and final West Coast state with a packaging Extended Producer Responsibility (EPR) law. The recent passage of this law, plus Maryland’s EPR law, means that 1 in 5 Americans now lives in a state with packaging EPR.

What’s noteworthy about Washington’s EPR law?

Washington state’s Recycling Reform Act shares a similar funding model with Minnesota’s packaging EPR law. Known as a “partial funding model,” Washington (like Minnesota) makes producers partially responsible for funding recycling programs in the state, and leaves some of the costs with taxpayers in the state.

In Washington, the Producer Responsibility Organization (PRO) is responsible for the costs and operations of recycling. Under the state’s EPR program, the PRO’s reimbursement of recycling costs must equal:

On or before February 15, 2030: The PRO will cover no less than 50% of the net costs
On or before February 15, 2031: The PRO will cover no less than 75% of the net costs
On or before February 15, 2032, and each year thereafter: The PRO will cover no less than 90% of the net costs

2. Maryland Passes EPR

Update: Maryland becomes 6th state with packaging EPR law.

On May 13, 2025, Maryland Gov. Wes Moore signed The Packaging and Paper Products Producer Responsibility Plans (SB 901) into law, making Maryland the 6th state with a packaging Extended Producer Responsibility (EPR) law.

What’s noteworthy about Maryland’s EPR law?

Maryland’s EPR law also uses a partial funding model, similar to Minnesota and Washington’s models. This means that producers will never fully pay for the cost of recycling and operations, but will eventually pay for 90% of those costs.

Under Maryland’s EPR program, the state’s chosen PRO would be responsible for the following costs by the deadlines below:

On or before July 1, 2028: The PRO will cover at least 50% of the cost per ton
On or before July 1, 2029: The PRO will cover at least 75% of the cost per ton
On or before July 1, 2030, and each year thereafter: The PRO will cover at least 90% of the cost per ton

3. Hawaii Advances EPR Needs Assessment to Governor

What is a Needs Assessment for EPR?

A Needs Assessment is a process some states use as a first step to enacting EPR. Some experts even call it a PrePR (pre-EPR) bill.

A Needs Assessment essentially compels the state to identify and evaluate its resources, infrastructure, and actions required to implement or improve a packaging EPR system. It helps stakeholders — such as producers, regulators, municipalities, and waste management organizations — understand the current state of recycling in the state, and the opportunities for improvement.

What is happening with EPR in Hawaii?

On May 2, 2025, the Hawaii State Legislature passed an EPR Needs Assessment bill (HB 750) onto Gov. Josh Green’s desk for signature. Introduced by State Rep. Nicole Lowen, who has worked on EPR in the state for years, the Needs Assessment bill has finally made its way out of both Chambers and onto the Governor.

Despite the bill’s advancement, SPC’s Packaging EPR Collaborative Lead Lucy Pierce says that pro-EPR advocates should be cautiously optimistic. “Given the geography of Hawaii, waste management poses obvious challenges,” Lucy said. “And Hawaii, like many other states, is dealing with constrained budgets, which could present challenges when it comes to securing funding for a Needs Assessment.”

Gov. Green has until July 9, 2025 to pass or veto the bill; and in Hawaii, if the governor neither signs nor vetoes by the deadline, the bill becomes law.

Why does this bill matter?

Hawaii’s unique island geography makes waste management particularly complex and costly, with limited landfill space and reliance on incineration in some areas. This bill seeks to generate a comprehensive understanding of how to reduce packaging waste statewide — whether landfilled, burned for energy, or otherwise managed.

This PrePR bill would cover the funding for the Department of Health to contract a recycling, composting, and waste Needs Assessment and to develop an advisory council to review the draft Needs Assessment and propose recommendations.

What should I know about Hawaii’s early EPR attempt?

Hawaii’s current EPR Needs Assessment bill would form an advisory council, which would bring together a diverse group of stakeholders, including:

Waste management departments from each county
A national producer organization or producer trade association
A Hawaii-based producer or producer association
Experts or operators in reuse, refill, or circular economy systems
Hawaii-based refuse and recycling service providers
Hawaii-based recycling collection and processing service provider
Hawaii-based retailer
Hawaii-based organizations and community groups involved with waste management or relevant environmental advocacy
An environmental or human health scientist
A manufacturer of consumer packaged goods
The composting industry

To learn more, you can read the full bill here.

4. Maine Legislators Introduce EPR ‘Fix It’ Bill

What is the latest on Maine’s EPR program?

Maine was the first state to pass packaging EPR in 2021; however, the state’s EPR program won’t go into effect until 2027. Since its passage, six other states have adopted packaging EPR laws. And though Maine led the way, its program is currently less harmonized with these subsequent efforts, creating complications for producers operating across multiple states.

To amend the EPR law toward better state-by-state alignment, legislators have introduced “An Act to Improve Recycling by Updating the Stewardship Program for Packaging,” colloquially known as a ‘fix it’ bill. The bill, SB 1423, would correct some inconsistencies between Maine and other states’ EPR programs.

Why do legislators and industry want to fix Maine’s EPR program?

In short, the current state of Maine’s EPR law would make it difficult for producers to operate and comply across different states.

According to Susan Bush, EPR project manager at the nation’s most prominent PRO Circular Action Alliance, “The categories Maine is proposing don’t line up with other states that have approved packaging EPR, and the result will be over 200 distinct reporting categories across Maine, California, Oregon and Colorado.”

This bill would help move Maine’s program a bit closer to the other states with EPR laws, and many stakeholders across industry and ENGOs are supportive.

What would Maine’s EPR ‘Fix It’ bill do?

The ‘fix it’ SB 1423 seeks to align key elements of Maine’s packaging EPR law with those of other states, helping to reduce regulatory fragmentation. One major focus is standardizing covered product exemptions. For example, the bill would exempt packaging for:

Federally regulated products such as prescription and over-the-counter drugs, medical devices, and biological products
Hazardous or flammable materials
Products regulated under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Packaging used exclusively for commercial or industrial customers
Infant formula, dietary supplements, cosmetics, and other items regulated under the Federal Food, Drug, and Cosmetic Act
Products developed or manufactured for public health, environmental, or water quality testing

These exemptions are intended to mirror similar carve-outs in other state EPR laws, easing compliance for producers.

What’s the status of this bill and where can I learn more?

SB 1423 is currently in the Maine Legislature’s Committee on Environment and Natural Resources, where it has remained for over a month. However, movement is expected soon as negotiations over amendments are reportedly gaining traction.

To learn more about the bill, you can check its status here and read the bill text here.

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april packaging policy roundup

1. EPR Advances in Washington and Maryland

What’s happening with EPR in Washington?

Update: In Washington, after six attempts to pass Extended Producer Responsibility (EPR) legislation, on April 23 state legislators advanced The Recycling Reform Act (SB 5284) to the Governor’s desk for signature.

Gov. Bob Ferguson now has 20 days to sign.

If passed, Washington would be the sixth state and final West Coast state to adopt EPR. SB 5284’s passage would also mean that 19.3% of Americans live in states with EPR laws.

What’s happening with EPR in Maryland?

On April 7, 2025, the Maryland legislature passed the state’s EPR bill, Packaging and Paper Products Producer Responsibility Plans onto the Governor’s desk for signature. Experts expect that Gov. Wes Moore will sign the bill into law before the 30-day deadline. If Maryland and Washington both pass their EPR laws, 1 in 5 Americans will live in a state with an EPR program

2. Policies Target Polystyrene Foam: 13 State Bills Proposed in Early 2025

What’s happening with polystyrene regulations in 2025?

Across the country, legislative targets have not let up on expanded polystyrene foam (EPS, commonly known as “Styrofoam”): At the federal level, a Senate and House bill is taking aim at polystyrene, and at the state level, California has confirmed its ban of expanded polystyrene (EPS) food service ware and at least 13 polystyrene related bills were introduced in various states.

Where are polystyrene regulations advancing?

Federal.: Although passage of federal polystyrene regulations are unlikely in the current political climate, some big names like Sens. Cory Booker, Elizabeth Warren, and Bernie Sanders have all co-sponsored the re-introduced Farewell to Foam Act in 2025.
California: California’s EPR law has placed a de facto ban on expanded polystyrene foam food serviceware in the state. CalRecycle, the state agency tasked with implementing EPR, recently announced that the requirement for all expanded polystyrene food serviceware to meet a 25% recycling rate in the state has not been met. Now, “EPS producers are prohibited from selling, offering for sale, distributing, or importing EPS food serviceware, such as single-use takeout containers and cups, in or into California.”
Alaska: In Alaska, HB 25 would ban polystyrene food serviceware statewide in restaurants and food service establishments; however, the bill would allow some exemptions like ice coolers and use in areas affected by disasters for the duration of the emergency.
Massachusetts: The Bay State is juggling multiple bills that would ban polystyrene statewide in retail and food service environments, including a bill requiring the state, and all state contractors, to stop purchasing polystyrene packaging.
Nevada: In Nevada, the proposed polystyrene ban, AB 244, would prevent food establishments from using polystyrene foam packaging for food and beverages. In the first year of the program, this would only impact food establishments with 10 or more locations in the state.
Kentucky: The Bluegrass State also saw a bill introduced this year to phase out single-use packaging. The bill includes a ban on polystyrene containers for food and beverages by 2028.

How are these polystyrene bills progressing?

Bans are the most popular packaging policy with more than nine states seeing at least one bill banning polystyrene introduced in 2025. Bans can be difficult to pass, but have been successful in states like New Jersey (more on that below), Delaware, Oregon, Rhode Island, and Washington.

3. Vermont Legislation Seeks to Prohibit Plastic Produce Stickers

What’s in Vermont’s House Bill 478?

You know those stickers on everything from apples and onions to avocados? They’re called price look-up stickers, or “produce stickers,” and Vermont introduced a bill in 2025 that sought to make sure those stickers are compostable.

What would producers be required to do?

While these stickers are often made of plastic, Vermont’s HB 478 would require the stickers to not be made of plastic and instead be compostable. Compostable is defined in this bill as being made of a natural fiber or meeting industrial compost quality standards, and using a food grade adhesive for attachment to the produce.

Why does this bill matter?

Produce stickers are one of the most common contaminants in composting streams. Since 2016, Vermont has prohibited organic waste from being sent to landfills, so items like food scraps, coffee grounds, and leaves are required to be composted in the state.

Vermont’s HB 478 marks one of the clearest statewide attempts to reduce contamination in composting streams from PLU stickers.

Where can I learn more?

You can read the full bill text here or learn more about the problems posed by produce stickers here.

4. New Jersey Legislator Tries to Repeal Single-use Bag, Straw, and Polystyrene Ban

What’s the scope of New Jersey’s single-use bans?

In New Jersey, SB 4238 would repeal the state’s ban on several single-use items. The state’s current ban prohibits the sale of single-use plastic carryout bags, polystyrene foam food service products, and plastic straws. Single-use plastic straws are required to be distributed only by request, also known as a “skip the stuff” stipulation.

The current ban includes exemptions and extensions for items like meat and fish trays for raw or butchered meat as well as Ramen noodles prepackaged in polystyrene cups, which are exempt until May 4, 2026.

What would this bill look like in action?

This repeal would reverse the ban on single-use plastic bags, polystyrene containers, and plastic straws. The bill’s sponsor is arguing that “plastic bag bans have been associated with increased purchasing of alternative bags and containers and a resultant increase in manufacturing-related pollution.” They argue that a repeal of the ban would lessen these negative environmental impacts.

The bill would also remove $500,000 in appropriations for a public education and outreach campaign on reusable bags.

Has this bill gained momentum?

Historically, bans are difficult to pass — and once they’re passed, they’re often difficult to repeal.

“While I’ve never heard of a legislature overturning a statewide ban on single-use packaging formats, many states have successfully passed preemption laws that prevent bans by setting a legal precedent,” said SPC Senior Manager Lucy Pierce. “While these ‘bans on bans’ are popular, we still continue to see bills introduced year after year that ban single-use plastic items, and don’t see the momentum to ban single-use plastic loosening up anytime soon.”

Where can I learn more about New Jersey’s single-use bans and the attempt to repeal them?

Learn more about the state’s existing exemptions and extensions here, or check out the full text for the repeal bill here.

Source: Insights on these bills are derived from Industry Intelligence’s Legislation Monitor. For more information on this source, visit this page.

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March packaging policy roundup

1. Minnesota Senators Seek to Remove Paper Products from State EPR Law

What is the Minnesota bill to remove all paper products from the state’s EPR?

The bill, Senate File 2619, would revise the state’s existing Extended Producer Responsibility (EPR) law, removing all paper products — magazines, catalogs, and other paper products — from the EPR program’s list of covered products.

In the statute, paper products are defined as, “product made primarily from wood pulp or other cellulosic fibers but does not include bound books or products that recycling or composting facilities will not accept because of the unsafe or unsanitary nature of the paper product. Paper product does not include exempt materials.”

How does Minnesota’s EPR law treat paper now?

Currently, paper and paper products are included in the statute for Minnesota’s EPR law like any other packaging material. There are, however, exemptions for things like bound books, paper that may become unsanitary in use (like paper towels), and paper products used for certain print magazines. In addition to paper exemptions, Minnesota’s current EPR law exempts the following entities from qualifying as regulated producers:

Paper mills that produce containerboard derived from 100% post-consumer recycled content and non-post-consumer recycled content
Any mill that uses any virgin wood fiber in the products it produces

You can learn more about the full scope of Minnesota’s existing EPR law here.

How would this bill change Minnesota’s EPR law?

If passed, this bill would make more paper products exempt from regulation under Minnesota’s EPR program. Filed on March 17, 2025, Senate File 2619 would exempt all paper products, such as magazines, catalogs, flyers, brochures, printer paper, and other types of paper. The future of this bill is yet to be determined, as it is in its first reading. In Minnesota every bill will have a first, second, and third reading before a vote is taken.

What’s next for Minnesota’s EPR program?

You can learn more about the bill to expand paper exemptions here, or read the full bill text here.

And as a reminder, covered producers need to register with the state’s chosen Producer Responsibility Organization (PRO) Circular Action Alliance by July 1, 2025 to be compliant with the Minnesota EPR law.

Source: Insights on this bill are derived from Industry Intelligence’s Legislation Monitor. For more information on this source, visit this page.

2. New Bill Introduces an EPR Program in Maryland

What’s the status of EPR in Maryland?

In 2023, Maryland passed an EPR bill that required a Needs Assessment and an Advisory Board before the state could move forward with an EPR program.

Now, the same State Senator who introduced the 2023 EPR bill has introduced SB 901, a bill that takes the next step toward the state’s implementation of an EPR program. The new SB 901 builds on the state’s Needs Assessment and amends the existing EPR bill to include a partial funding model.

What is a partial funding model under EPR?

Partial funding models split the cost of EPR between the existing municipalities operating recycling and composting programs with the PRO. Producers will cover a partial amount of the net costs.

How would this bill affect Maryland’s EPR program?

This bill amends Maryland’s existing EPR bill to include a partial funding model similar to what we’ve seen in Minnesota’s EPR bill. Under the proposed Maryland funding model, the state’s chosen PRO would be responsible for the following costs by the deadlines below:

On or before July 1, 2028: The PRO would cover at least 50% of the cost per ton
On or before July 1, 2029: The PRO would cover at least 75% of the cost per ton
On or before July 1, 2030, and each year thereafter: The PRO would cover at least 90% of the cost per ton

The bill would also increase the de minimis producer threshold (the amount of revenue a producer would have to make to be subject to the regulations) from $1,000,000 to $2,000,000 earned global gross revenues.

Also, the new bill added a recycling definition, which does not include: “landfilling; combustion; incineration; energy generation; fuel production; or alternative daily cover or other forms of use or disposal within the footprint of a landfill.”

What’s the status of Maryland’s EPR bills?

After adding amendments to the new bill, SB 901 bill has crossed chambers from the State Senate into the House, where it’s currently being reviewed for “First Reading Environment and Transportation and Economic Matters.”

If Maryland — a state with 6 million residents — moves this forward and implements their EPR law, approximately 19.1% of Americans would live in states with passed EPR for packaging and paper laws.

If you want to learn more about this policy and its implications, you can read about it here.

3. Washington Packaging and Paper EPR Bill Clears Senate, Awaits Hurdles in State House

What’s the latest on Washington’s EPR legislation?

Right now, Washington State has a few complementary EPR bills in play. Most relevant for packaging are the companion bills: the Packaging and Paper Products EPR bill (SB 5284) and the Recycling Reform Act (HB1150).

This month, the Packaging and Paper Products EPR bill advanced through the Senate Chamber. Now, it heads back to the state House with amendments. Then eventually, if passed, it will head to the Governor for signature.

What would Washington’s Packaging and Paper EPR bill do?

The state’s Packaging and Paper EPR bills would implement EPR programs similar to other states’, shifting the end-of-life cost of packaging and products onto producers.

The new Packaging and Paper EPR bill includes exemptions for bulk construction materials and forest products and agricultural products. It requires that multiple languages be included in education and outreach materials, and emphasizes that jurisdictional practices and needs be captured in the state’s Needs Assessment.

Additionally, the bill would prohibit using PRO fees to fund any lobbying or political activities.

What’s next for Washington’s EPR legislation?

The state’s Packaging and Paper EPR bill has passed out of the Senate Chamber. Now, it moves back to the state House where it faces stronger opposition. The companion Recycling Reform Act bill is awaiting action in the House, where it will likely see amendments from the senate version.

Legislators looking to pass EPR in the state have engaged in a comprehensive stakeholder engagement campaign and are optimistic about the passage of EPR in Washington this year. If they succeed, Washington will be the sixth U.S. and final West Coast state with EPR, and 19.3% of Americans would live in states with EPR laws.

Where can I learn more about the bill?

Check out these three resources to learn more about EPR in Washington State:

4. Reminder: March 31 Oregon EPR Reporting Deadline

Producers in Oregon have a reporting deadline with the state’s PRO, Circular Action Alliance (CAA). Learn more about compliance steps here or visit CAA’s website to register and report today.

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February packaging policy roundup

1. Nebraska Introduces EPR Bill that Includes Batteries, Packaging Data, and PCR

What is Nebraska’s new EPR bill?

The Extended Producer Responsibility Data Collection Act, or LB 607, is a “Frankenstein bill” encompassing EPR for batteries, a Minimum Recycled Content Act, and other environmental provisions on air pollution, solid waste permitting, and grants for scrap tire projects among other sections.

What’s the status of Nebraska’s EPR bill?

Introduced on January 22, this bill has a long way to go before potential passage. According to the state Legislature’s website, with only a few exceptions, all bills introduced into the Nebraska Legislature must receive a public hearing by a committee. This bill will likely receive a hearing on February 27, 2025.

What would this policy look like in action?

If passed, obligated producers would be required to register with the department on an individual basis, or through a third party (likely a PRO) beginning on January 1, 2026. Then, starting on April 1, 2027, producers would be required to annually report information on covered products including material category and volumes sold into Nebraska.

If passed, the department would provide more information on the format of the reporting, and producers would need to submit an annual fee payment of $1,000 beginning on April 1, 2026.

More on Nebraska’s EPR legislation

While this bill is a patchwork of different initiatives, the packaging EPR section is particularly limited in scope. It isn’t written as a full EPR program and would only require some reporting and minimal funding.

It is unlikely that all sections of this bill will pass this year; however, experts predict that the bill will be divided up and edited before any real movement takes place. Even if the bill stalls, the state’s interest in packaging EPR and minimum recycled content requirements is noteworthy. To learn more, you can view the bill text here.

2. Tennessee’s Introduced epr bilL rolls into 2026

What is Tennessee’s EPR bill?

Tennessee’s packaging and paper products EPR bill, called the Tennessee Waste to Jobs Act, was introduced on January 23, 2025. The bill was the first of its kind to be introduced in Tennessee, and was focused on paper products and packaging.

What’s the status of Tennessee’s EPR Waste to Jobs Act?

On February 26, 2025, the bill was deferred to the Senate Government Operations Committee to 2026, meaning it won’t advance this year. After its introduction in January, the bill was referred to the state’s Senate Government Operations Committee, where more sponsors signed onto the legislation. Despite new sponsorship from two additional Democrats in the state, the bill would have likely needed further bipartisan support to advance.

What would this policy look like in action?

Tennessee’s Waste to Jobs Act would make producers responsible for establishing a nonprofit organization (called a Producer Responsibility Organization or PRO) to implement a producer responsibility plan. If the bill had passed, the PRO would then be responsible for applying to the state’s Department of Environment and Conservation by July 1, 2026 for approval. Next, the Department of Environment and Conservation Commissioner would appoint initial advisory board members by July 1, 2026. One non-voting member representing a PRO would have been on the advisory board.

More on Tennessee’s EPR bill.

Despite most EPR laws having passed in “blue” states, Tennessee’s EPR bill was noteworthy for having been introduced in a largely “red” State Senate and having the most momentum among red states. You can learn more about the bill here.

3. CAA Submits Colorado EPR Program Plan

What’s the latest on Colorado’s EPR rollout?

Circular Action Alliance (CAA) is Colorado’s PRO tasked with rolling out the state’s EPR law. Now, after months of preparation, CAA submitted its Colorado EPR program plan proposal on February 3. The program plan comprises 200 pages covering everything from operational recycling services to estimated budgets.

What’s in the EPR plan for Colorado?

CAA’s program plan for Colorado covers:

Operational plans. The plan details the approach for:
- Recycling services approach
- Providing reimbursement to service providers
- Covered material strategies and lists
- Education and outreach
- Compostable packaging
- Responsible end markets
- Reducing contamination
- Post consumer recycled content
- Reuse and refill
- Expanding the system
- Budgets and compliance management

Estimated program budgets from a base to a high-case scenario. The total program budgets are estimated at:

- Pre-program-2026: $215 – $267 million
- 2027: $238.7 – $298.9million
- 2028: $281.1 – $353.0 million
- 2029: $297.7 – $380.8 million
- 2030: $300.7 – $397.2 million

It’s important to note that the budget will be impacted by uncertainties like reimbursement costs for collection and processing, timing of investments, and eco-modulation of fees. Once reporting begins in July 2025 and the first program year is complete, the planned budget will be clarified.

What’s next for CAA’s Colorado EPR plan?

Now that the plan’s been submitted, the Colorado Department of Public Health and Environment (CDPHE) and the Colorado advisory board will review the plan and provide comments within 90 days. CAA will then have 60 days to revise the plan proposal. Public comment will take place at a date later determined by CDPHE and Colorado’s advisory board, but is anticipated to take place in the Fall of 2025.

Where can I learn more about Colorado’s EPR program plan?

Read the full plan and sign up for review meetings on CDPHE’s website or check out CAA’s website for more information.

4. Update: Minnesota Chooses CAA as its PRO

After becoming the fifth U.S. state to pass packaging EPR legislation, Minnesota joins California, Oregon, and Colorado in using CAA as its PRO.

According to the Minnesota Pollution Control Agency, CAA will be tasked with implementing a statewide EPR program that encourages designing paper and packaging to reduce environmental and health impacts. The program also seeks to reduce the generation of waste through reduction, reuse and refill, recycling, and composting strategies.Learn more about the announcement here.

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January packaging policy roundup

1. New EPR for Packaging and Paper Products Bill Introduced in Washington

What’s the latest on Washington’s EPR legislation?

The newest iteration of Washington’s EPR legislation, HB 1150 or the Recycling Reform Act, was introduced in the state legislature this month. The bill had its first hearing on January 21.

At the hearing, groups like the Association of Plastic Recyclers, AMERIPEN, The Recycling Partnership, Glass Packaging Institute, Surfrider Foundation, Can Manufacturers Institute, Coalition for High Performance Recycling, Biodegradable Products Institute, and Ridwell among others demonstrated support for the bill. Groups like WM, Waste Connections, Washington Refuse and Recycling Association, and other local Washington state haulers demonstrated opposition to the bill.

What’s different about this EPR attempt?

Legislative stakeholder engagement — to the tune of more than 300 meetings — ahead of the bill’s filing has inspired optimism about the bill’s passage. If passed, Washington would become the sixth U.S, and final West Coast state to adopt EPR legislation.

What would this policy look like in action?

Washington’s EPR bill is similar to other states’ EPR laws, and would require producers to be registered with a Producer Responsibility Organization (PRO) by March 2029.

Where can I learn more about Washington’s EPR legislation?

Check out the bill text here and the latest hearing on the bill here.

2. Illinois Introduces Multiple Packaging Bills to Start 2025

What packaging bills were introduced in Illinois in 2025?

As legislative sessions ramp up in the new year, legislators are lining up packaging bills. So far, three key packaging bills have been introduced in Illinois:

HB 1087 | Polystyrene in School Ban: The bill, which would amend the state’s School Code, proposes a ban in schools on polystyrene foam trays, bowls, plates, and other food serviceware items that would begin on January 1, 2027. Illinois schools have vendor contracts where they source these items, and this bill is written to dictate procurement practices for recyclable or compostable items instead of polystyrene foam.
HB1146 | Single-use Carryout Bag Ban: This legislation, which would amend the state’s Solid Waste Planning and Recycling Act, would ban single-use carryout bags, and includes both plastic and paper. A few exemptions like bags for raw meat, produce, live animals, hot food, and dry cleaning garment bags are written into the bill. There are no reusable bag exemptions or loopholes in the legislation.
SB0132 | Bottle Cap Attachment Rule: This bill would create the Plastic Bottle Cap Reduction Act. The legislation draws inspiration from the European Union and requires that single-use beverage containers (like bottles, jars, cartons, and others) made from plastic have caps attached or “tethered” to the container. It would also require monomaterial packaging across bottles and caps, prohibiting HDPE caps on a PET bottle, for example. If passed, the law would take effect on January 1, 2029 and restrict the sale of containers that don’t meet the “tethered” and monomaterial requirements.

Where can I learn more about Illinois’ 2025 packaging policies?

To learn more about these policies, read the bill text linked below:

Insights on these bills is derived from Industry Intelligence’s Legislation Monitor. For more information on this source, visit this page.

3. CAA Prepares Colorado EPR Plan

What’s CAA’s plan for Colorado’s EPR rollout?

Circular Action Alliance (CAA) is Colorado’s PRO tasked with rolling out the state’s EPR law. Now, CAA is preparing to share its drafted EPR program plan with Colorado Department of Public Health and Environment (CDPHE) by February 1.

The PRO program plan will include a list of packaging accepted by all recyclers in Colorado. More detail will be shared once the plan is submitted.

What do producers need to do as part of Colorado’s EPR implementation?

The deadline for producers to register with CAA was in October 2024. Producers who aren’t already registered are encouraged to register to avoid the penalties imposed on EPR “free riders,” which are becoming more frequent as we approach implementation.

What will this policy look like in action?

Under Colorado’s EPR law, monetary obligations for producers will begin in January 2026. In Colorado, producers start reporting August 31, 2025. That submitted data will encompass all of Q1 and Q2 in 2025; however, this could change and align with Oregon’s data from 2024, but no decision has been made yet.

Where can I learn more about Colorado’s EPR legislation?

To learn more about Colorado’s EPR law, check out CAA’s producer information or read this article on the law’s progress.

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November packaging policy roundup

1. New EPR Bills in 2025 Heating Up

What states might have EPR bills on the table in 2025?

Michigan, New York, New Jersey, Tennessee, and Washington state all have drafted text for EPR bills circulating. As January 1, 2025 approaches, more states are preparing for the new year with draft language for this category of legislation.

What are key dates for these State Legislatures?

In states where drafted text is circulating, here’s what’s next:

Michigan does not allow pre-filling, but a “lame-duck” session — the six-week period between Election Day and the start of the new legislative session — will provide more time.
New York started accepting pre-filed bills on November 15th.
The New Jersey State Legislature operates on a two-year term, which ends in January, 2026.
Tennessee’s Legislature will start a new session in 2025, and pre-filing can begin as soon as their election results are certified.
Washington’s session allows pre file bills to be introduced December 2, 2024.

What’s the history of EPR in these states?

In New York, New Jersey, and Washington, legislators have been working toward passing an EPR bill for a few years now.

Where can I keep up with these EPR developments?

Check out SPC’s EPR tool early next year for updates.

2. CAA Prepares Next Iteration of Producer Report in Oregon

What’s the latest on Oregon’s EPR legislation?

The two key players in this update are:

CAA: Circular Action Alliance is Oregon’s Producer Responsibility Organization (PRO), which is the organization that serves as a representative for producers and works with the government to roll out EPR legislation.

Right now, as part of Oregon’s EPR implementation, CAA is in the process of outlining registered producers and submitting a program plan to the state’s DEQ. After reviewing CAA’s producer report from September (CAA’s second), Oregon’s DEQ rejected parts of the plan and has requested updates by December 6.

What needs to change in Oregon’s producer report?

DEQ complimented CAA on updates to the verification standard of responsible end markets and the recommended LCA focused take on eco-modulation; however, the agency noted a few areas for improvement including topics that required pending data. That data will be updated in the third version, but did not have an update in the second version.

What’s next for the state’s EPR roll out?

CAA is required to prepare its new producer report by December 6.

With a population of almost 4.5 million people (1.26% of U.S. population) and EPR beginning this July, Orgon will be the first U.S. state to implement EPR for packaging and paper products. CAA is also the chosen PRO for California and Colorado, which have later EPR start dates. CAA was also chosen to serve on the advisory board for Maryland, which has an EPR needs assessment that’s in progress.

Where can I learn more about Oregon’s EPR legislation?

To learn more about its rollout, you can visit CAA’s timeline, the DEQ’s response, and CAA’s second plan.

3. U.S. Changes its Stance Preparing for INC-5 Meeting on Global Plastics Treaty

What is the INC-5 Meeting?

The United Nations Intergovernmental Negotiating Committee on Plastic Pollution (INC) meeting is dedicated to developing a legally binding international treaty to address plastic pollution across its entire lifecycle, from production to disposal. The committee’s fifth meeting, INC-5, is scheduled for November 25 – December 1, 2024, in Busan, South Korea. Representatives from 200 countries will attend.

At INC-5, the committee hopes to finalize the treaty language, however negotiations might continue into next year.

How has the U.S. prepared for the meeting? What are the implications for packaging?

In preparation for the November meeting, the U.S. has:

Shifted its position from supporting voluntary nation-by-nation compliance to now recognizing a need to regulate plastics over their entire life cycle
Dropped opposition to worldwide pollution reduction targets
Acknowledged a need to limit production or use of certain polymers

Amid these changes, Packaging Digest outlined five critical considerations for packaging and consumer goods. We recommend reading the full considerations here, and they are:

Designing for reuse, recycling, and circularity
Fulfilling EPR responsibilities and requirements
Managing and ultimately eliminating use of “chemicals of concern”
Transparency, accuracy, and reportability of data, not just within company walls but across the packaging supply chain
Traceability of materials and product content

What’s next for the treaty?

Once the treaty language is finalized (either this winter or next year), the language will be sent to nations for ratification. Experts are saying that potential ratification may be influenced by the 2024 U.S. presidential election, increasing the possibility of continued negotiations into 2025.

Where can I keep up with treaty developments?

To keep up with the developments and their implications for packaging, we recommend reading up on coverage or following Packaging Dive, Packaging World, or Packaging Digest.

—

October packaging policy roundup

1. CalRecycle Releases Latest Round of Edits to EPR Rulemaking

What’s the latest on California’s EPR legislation?

Right now, California’s Extended Producer Responsibility (EPR) law is in the middle of the regulatory rulemaking process. CalRecycle, the state agency tasked with overseeing EPR, recently released its latest edits to the state’s EPR rules. Stakeholders can submit comments until the comment period ends on November 4.

What’s in California’s latest round of EPR rules?

The edits to California’s EPR legislation are broad in scope and scale. The newest regulations contain more than 200 pages of updates, removals, and additions, and they cover everything from covered products to end market identification. You can read them here.

Notably, CalRecycle consulted SPC’s Guidance for Reusable Packaging when drafting the new regulations and revised definitions for reuse, refill, reusable, and refillable. The agency also clarified that washable in reference to reusable or refillable packaging means:

“It can be sufficiently washed if necessary, for it to be safely and hygienically refilled or reused over its entire lifespan while retaining its shape, structure, and function. At a minimum, it must be feasible for the packaging to be washed and reused throughout its entire lifespan without violating any federal, state, or local laws concerning safety or hygiene.”

What’s already in California’s EPR legislation?

California’s EPR legislation, SB 54 or the Plastic Pollution Prevention and Packaging Producer Responsibility Act passed in 2022. Once implemented, the law will require cutting single-use plastics by 25%, recycling 65% of single-use plastics, and ensuring 100% of single-use packaging and plastic food ware are recyclable or compostable.

Where can I learn more about these changes?

To learn more about California’s EPR implementation, you can check out this article covering the latest rulemaking comment period.

2. The EU Deforestation Regulation Seeks Delay Until 2025

What is the EUDR?

The European Union Deforestation Regulation (EUDR) is a rule requiring that certain products sold in or exported from the EU market are deforestation-free. The regulation covers seven types of products or product derivatives: cocoa, coffee, cattle, oil palm, rubber, soya, and wood.

What’s the latest on the EU Deforestation Regulation?

Passed in 2023, the EUDR was initially slated to begin at the end of 2024. This month, the European Commission proposed a one-year delay of the rule’s implementation. If the delay is approved, large corporations won’t be obligated until December 30, 2025.

What does the EUDR look like in action?

The EUDR has sweeping packaging implications. Pulp and paper are two examples of product derivatives covered in the regulations. Once the EUDR is implemented, these materials will be subject to the rule’s due diligence requirements to ensure that they’re deforestation-free.

Although the proposed delay has not been officially approved yet, any company that sells products into the European Union will be required to follow the regulation once it’s implemented.

Where can I learn more about this bill?

You can learn more about the proposed EUDR delay in this alert. To learn more about the regulation’s scope, we recommend checking out this EUDR fact sheet.

3. New Jersey Senate Amends Recyclability Labeling Bill

What’s the status of this legislation?

New Jersey’s Recyclability Labeling Bill, or Senate Bill 224, would prevent the sale of certain products labeled as “recyclable,” unless certain recyclability conditions determined by the NJDEP are met.

SB 224 was amended late last month in the State Senate.

What are the amendments to New Jersey’s SB 224?

The latest amendments include a direction of the NJ Department of Environmental Protection (NJDEP) to contract with “a Statewide nonprofit recycling association to develop, maintain, and update at least every two years, a list of commonly discarded packaging and products.”

Additionally, the amendments reduce the amount that is annually “allocated to institutions of higher education for recycling demonstration, research, or education” from 5% to 3%. The 2% difference would then be allocated to the State Recycling Fund to develop the aforementioned list.

What’s next for New Jersey’s Recyclability Labeling Bill?

Because the New Jersey State Legislature operates on a two-year term, the bill has until the session’s end (January, 2026) to pass.

Where can I learn more about this bill?

To learn more about the bill and the latest amendments, you can visit the state’s legislative website.

4. Update: California Closes Plastic Bag Ban Loophole

What happened to California’s plastic bag ban?

On September 22, California passed a law closing its plastic bag “loophole” that allowed stores to provide customers with thicker “reusable” plastic bags. Read more about the rule revision in our previous Policy Roundup, and learn about its passage here.

September packaging policy roundup

1. Maryland’s EPR Needs Assessment (SB 222) Moves Forward

What’s the status of this legislation?

This legislation actually passed in 2023. Now, the state’s Advisory Council will report findings and recommendations on moving the legislation forward on or before December 1, 2024. At that point, the Council will share its Needs Assessment with Maryland’s Governor, Senate, and House environment committees.

What does this bill do?

Maryland’s SB 222, or the “Statewide Recycling Needs Assessment and Producer Responsibility for Packaging Materials” is an EPR Needs Assessment bill.

This legislation compels the Maryland Department of the Environment to take three key steps. Check out the steps and their statuses:

Form an Advisory Committee: Done. The state’s Committee meets regularly.
Select a PRO: Done. The state chose the Circular Action Alliance (CAA) in October 2023.
Conduct a Needs Assessment: In progress. The state selected its contractor, HDR Inc., in July, and has begun work on the Needs Assessment.

What’s next for Maryland’s EPR Needs Assessment?

Although the Needs Assessment work was delayed throughout the Spring, as of July 2024 the chosen contractor HDR Inc. has been working on the project. HDR is planning to conduct field work and waste characterization in October, and provides monthly updates to the state’s Advisory Committee.

Where can I learn more about this bill?

To learn more about Maryland’s SB 222, you can check out the state’s EPR webpages here as well as the Youtube channel where Advisory Council meetings are posted.

What’s the deadline for CAA registration in Colorado?

The Colorado Department of Public Health and Environment (CDPHE) has set a new deadline of October 1, 2024 for producers to register with CAA.

The deadline registration was previously set for July 1, 2025.

Why was the registration deadline moved?

Earlier registration helps reduce the amount of “free riders,” or producers who benefit from EPR systems without contributing their share of the costs. It also helps CAA set the program’s fee schedule, giving the PRO time to get more specific data on producers.

Plus, after July 1, 2025, obligated producers who don’t participate in the program are prohibited from selling products in Colorado—so it’s better for producers to register earlier, too.

What’s the status of this legislation?

Colorado’s EPR legislation passed in June 2022, and the state is currently implementing the legislation. CAA’s Program Plan to CDPHE is due on February 1, 2025.

Where can I learn more about Colorado’s EPR legislation and if I’m an obligated producer?

You can learn more about the registration process on CAA’s website, as well as in this slide deck, and on the CDPHE rulemaking website.

Learn more about who qualifies as an obligated producer by reviewing CAA’s producer resource center.

3. California’s EPR (SB 54) Advisory Board Preparing Recommendations for CalRecycle

What is California’s SB 54?

California’s SB 54, or the Plastic Pollution Prevention and Packaging Producer Responsibility Act, is the state’s EPR legislation. The law requires cutting single-use plastics by 25%, recycling 65% of single-use plastics, and ensuring 100% of single-use packaging and plastic food ware are recyclable or compostable.

What’s the status of implementing California’s EPR legislation?

Right now, the California SB 54 Advisory Board is working on preparing recommendations for CalRecycle. To inform the recommendations, the Board is soliciting feedback on barriers and solutions regarding reuse and refill, recyclability, compostability, and plastic leakage.

What’s next for California’s Plastic Pollution Prevention and Packaging Producer Responsibility Act?

The Advisory Board must prepare and share its final recommendations in January 2025. The Board is required to report its recommendations to CalRecycle, the branch of the state’s Environmental Protection Agency tasked with overseeing statewide waste management, recycling, and waste reduction programs.

Where can I learn more about this legislation?

Learn more about the implementation of California’s Plastic Pollution Prevention and Packaging Producer Responsibility Act by checking out the CalRecycle Advisory Board website. Obligated producers can also review relevant implementation deadlines here.

August packaging policy roundup

1. Michigan’s EPR Legislation: HB 5902

What would this bill do?

If passed, Michigan House Bill 5902 bill would enact Extended Producer Responsibility (EPR) legislation in the state. Michigan would be the sixth state in the U.S. to adopt packaging EPR.

What’s the status of this legislation?

Right now, the bill has been referred to the state’s Committee on Natural Resources, Environment, Tourism and Outdoor Recreation. Michigan’s legislative session is still active and concludes on December 31, 2024.

What would this policy look like in action?

Michigan’s EPR bill would cover all packaging, regardless of recyclability. The bill specifically mentions paper, plastic, glass, metal, or multi-material packaging used for the containment, protection, handling, delivery, transport, distribution, or presentation of another product sold in Michigan. The bill, however, doesn’t mention paper like newspapers or catalogs as a stand alone covered product.

Michigan’s HB 5902 also outlines packaging reduction requirements for producers beginning two years after a producer first registers with the packaging reduction organization. Producers would be required to reduce the amount of packaging by 50% in weight after 10 years. This language is similar to legislative targets in the New York Senate Bill 4246B.

Where can I learn more about this bill?

To learn more about Michigan’s EPR bill, you can check out SPC’s EPR Tool or read the full text here.

2. California’s Plastic Bag Rule Revision: AB 2236

What would this bill do?

In 2014, California adopted legislation (Senate Bill 270) initiating a statewide phase-out of single-use plastic carryout bags across most grocery stores and restaurants. Still, covered stores could provide customers with thicker, “reusable” bags. Now, the state’s Assembly Bill 2236 would amend its existing law to prevent covered stores from providing those thicker, non-woven plastic bags at check stands as reusable bags.

What’s the status of this legislation?

California’s AB 2236 was read a third time and amended on August 20, 2024. It was then ordered for second reading and is still moving forward.

What would this policy look like in action?

Beyond banning thicker plastic bags, the bill also includes new standards for recycled paper bags. AB 2236 would require the bags to contain 50% post-consumer recycled materials on and after January 1, 2028, with no room for exemptions.

Where can I learn more about this bill?

Interested in learning more about revisions to California’s plastic bag legislation? You can check out this article or read the full bill text here.

3. Oregon EPR Updates: State’s DEQ Requests Revised CAA Plan

What’s the latest on Oregon’s EPR legislation?

First, let’s cover some acronyms (and you can view more EPR-related acronyms here).

DEQ: Oregon’s Department of Environmental Quality, the agency tasked with implementing its EPR legislation
PRO: Producer Responsibility Organization, which is the organization of producers under a state’s EPR program that acts as an intermediary between the producer and the government and helps in the development and execution of EPR programs.
CAA: Circular Action Alliance is a PRO. CAA has been chosen by California, Colorado, and Maryland and is in the process of applying to be Oregon’s PRO.

Now, for the update: CAA was the only PRO to submit a program plan for Oregon’s EPR legislation, the Recycling Modernization Act. The plan submission process was expected to be an iterative one, where Oregon’s DEQ and others supplied comments to CAA’s first plan. Now after receiving CAA’s first draft plan, DEQ is requesting an updated version of CAA’s plan on or before September 27, 2024.

What’s the status of this plan?

CAA is taking all the comments and drafting a second plan to submit to DEQ.

What’s in the review of CAA’s first plan?

Approval from Oregon DEQ was based on sections. They categorized each section of CAA’s plan as a yes, no, or conditionally. CAA had quite a few “no” sections, but many sections were conditionally approved.

Now that CAA has an Oregon Director, Kim Holmes, stakeholders are optimistic about moving forward with revisions. One section that did receive a “yes” was a “description of how facilities will be selected for site visits and/or desktop verification (sampling plan).”

DEQ stated, “CAA noted that all facilities will receive a site visit by July 1, 2027, and one site visit every five years, with desktop audits conducted in years when site visits do not occur … Overall the approach appears sound.”

Where can I learn more about this plan?

You can read this article summarizing events, you can also view all of the comments from DEQ and other organizations here, and SPC members can attend the CAA’s session on Oregon EPR at SPC Advance this Fall.

July Packaging Policy Roundup

1. White House Plastics Executive Order

What will this order do?

The order aims to phase out federal procurement of single-use plastics from food service operations, events, and packaging by 2027, and from all federal operations by 2035.

What’s the status of this order?

The executive order, titled “Mobilizing Federal Action on Plastic Pollution,” was issued on July 19, 2024 and outlines actions and funding toward reaching the order’s goals. The White House issued the order as part of a broader effort to address plastic pollution and reinforce U.S. leadership on the issue before the UN global plastics treaty meeting this Fall.

What would this policy look like in action?

The federal government is the largest single purchaser of goods and services globally. If the government achieves goals of the order, it will no longer procure or purchase single-use plastics throughout federal operations by 2035.

The order also outlines key areas that the government will focus on as part of its initiative. The focus areas include:

Assessing and reducing pollution from plastic production
Innovating materials and product design
Decreasing plastic waste generation
Improving environmentally sound waste management
Informing and conducting capture and removal of plastic pollution

Where can I learn more about this order?

For more details, you can view the full report and order, and you can also check out this Trellis article, “White House order flexes muscle against plastic pollution.”

2. New Jersey Assembly Bill 2775

What will this law do?

This bill, commonly known as a “Truth in Labeling Law,” would prevent the sale of certain products that are labeled as “recyclable,” unless certain recyclability conditions (as determined by the NJDEP) are met.

What’s the status of this legislation?

The bill was introduced earlier this year and hasn’t moved since; however, New Jersey’s Legislative session is on a 2024-2025 biennium, meaning that the Legislature is still active until January 2026.

What would this policy look like in action?

Similar to California’s SB 343, this New Jersey bill aims to reduce deceptive claims related to recycling. The bill explicitly states that:

“A product or packaging that displays a chasing arrows symbol, a chasing arrows symbol surrounding a resin identification code, or any other symbol or statement indicating the product or packaging is recyclable, or otherwise directing the consumer to recycle the product or packaging, shall be considered a deceptive or misleading claim … unless the product or packaging is considered recyclable in the State.”

Where can I learn more about this law?

If you’re interested in learning more about the bill, you can read the full text here. If you want to learn more about how SPC and How2Recycle are collaborating to adapt on-pack labels for this and similar legislation, you can read more about our work here.

3. Comment Period: Maine’s Extended Producer Responsibility (EPR) Program for Packaging

What does the comment period cover?

The Maine Department of Environmental Protection (DEP) is defining what materials will be exempt from their packaging stewardship program. The DEP has published its exemption requests for public review and are accepting comments on the requests through August 1, 2024.

What are material exemptions?

All EPR programs have exemptions (materials that aren’t subject to the EPR legislation) for different types of materials and packaging products. Maine’s law includes exemptions for small producers, as well as packaging for items like architectural paint and bottle bill packaging. A few producers have petitioned for exemptions for products like tobacco products and infant formula.

How can I weigh in?

Written comments on the Packaging Material Exemption Requests are being accepted by the Department and should be sent to: MainePackagingEPR@maine.gov

Where can I learn more about this regulation?

You can read more about the exemption requests on Maine’s EPR website under Exemption Requests. You can also reference the SPC’s covered product exemption reference sheet for more information on EPR exemptions.

4. California SB 54: CalRecycle Meets Statutory Deadline for Covered Materials List

What is California’s SB 54?

What’s the latest on California’s SB 54?

The bill text for SB 54 included a deadline to publish the state’s list of covered material categories—materials that are subject to SB 54 regulation —by July 1, 2024. As part of the legislation’s formal rulemaking process, the California Department of Resources Recycling and Recovery has succeeded in publishing a covered materials list on the first of July. This marks an update of the agency’s initial list, which was released in December. CalRecycle made nearly 30 changes between the two iterations.

What materials apply to California’s EPR legislation now?

The covered material category (CMC) list under California’s EPR legislation includes nearly 95 different material types and forms including glasses, plastics, paper and fibers, metals, wood and other organic materials. Starting in 2027, California’s EPR legislation will require producers of these covered materials to fund their collection and recycling.

Where can I learn more about this law?

To read more about California’s EPR covered materials, we recommend checking out this Resource Recycling article or checking out the list on CalRecycle’s website.

5. New Jersey’s S226 Rightsizing Bill

What will this law do?

This bill would prevent retailers from shipping products in cardboard or corrugated boxes that are two times larger (in volume) than the product itself. The bill includes a few exceptions for electronics and any minimum size requirements by the United States Postal Service or other shipping providers.

What’s the status of this legislation?

Introduced in January, the bill passed the State Senate at the end of June in a 21-15 vote. While many state legislatures close sessions during the summer, because New Jersey’s Legislative session is on a 2024-2025 biennium, the Legislature—and the rightsizing bill—are still active until January 2026.

The rightsizing bill is one of many packaging related bills still active in New Jersey, with other legislation covering: EPR, source reduction, bottle deposits, mandated reuse in certain scenarios, and the aforementioned labeling requirements.

What would this policy look like in action?

New Jersey’s S226 aims to reduce the amount of materials in a package. If passed, no online or other major retailer in the state would be allowed to ship a product to consumers where the container’s volume is more than two times greater than the volume of the product itself.

As the bill stands now, retailers that violate the law would be subject to fines between $250-$500 for each offense.

Where can I learn more about this bill?

To learn more about New Jersey’s rightsizing legislation, you can check out this Packaging Dive article or can read the full bill text here.

SPC’s SMART design principles include “reduction and elimination.” This bill is one example of how those principles could play out in real life through policy and design. You can learn more about our sustainable packaging design principles here.

June Packaging Policy Roundup

1. A Potential Change to California’s EPR Legislation

What will this law do?

Introduced by Senator Allen, this bill would amend Allen’s previously passed EPR legislation SB 54, or the Plastic Pollution Prevention and Packaging Producer Responsibility Act. The bill would give producers 6 more months to be compliant under the act and permit producers to demonstrate the recyclability and compostability of their materials to CalRecycle

What’s the status of this legislation?

It was referred to the Committee on Natural Resources.

What would this policy look like in action?

Under SB 54, covered materials are required to be recyclable or compostable by 2032. CalRecycle is authorized to identify materials trending towards the recyclable or compostable requirements, as long as they meet certain criteria. This SB 1231 amendment states that producers would be authorized to petition CalRecycle “to identify material types and forms” that meet designated recyclable criteria and CalRecycle reviews the petitions and data as well as approve or deny the petition. Additionally, the date of compliance is pushed from 18 to 24 months “after the date the department publishes or updates the specified material characterization study.”

Where can I learn more about this law?

If you’re interested in learning more about the bill, you can check out this Resource Recycling update or read the full bill text.

2. Oregon’s EPR Rulemaking Public Comment Period Extended to July 26

What is this comment period?

The Department of Environmental Quality (DEQ)—Oregon’s environmental regulatory agency overseeing the implementation of EPR—is seeking public comment on the rulemaking and implementation of EPR in the state.

What’s the status of this comment period?

The comment period closes on July 26, 2024.

What’s included in this comment period?

The EPR legislation itself requires producers of packaging, paper, and food serviceware to help fund and expand recycling in the state. In this round of rulemaking, DEQ is seeking public comment on topics like: covered product exemptions; environmental impact evaluation standards; recycling facility permits, standards, and fees; living wages and supportive benefits for facility workers; waste prevention and reuse; and more.

Where can I learn more about this comment period?

If you’re interested in learning more about the comment period and the draft rules, you can check out the DEQ’s 2024 rulemaking website.

3. New York’s EPR Bill Failed

What happened with this legislation?

After a second failed attempt, the New York Extended Producer Responsibility (EPR) bill, “Packaging Reduction and Recycling Infrastructure Act” or SB 4246B, did not pass the assembly before the legislature adjourned for the summer.

What’s the status of this bill?

This bill is dead for now, but could come back later in 2024 or next year.

What would this policy look like in action?

If passed, this bill would enact EPR in New York, making it the sixth state in the country to pass such legislation. Like most EPR legislation, it would set plastic reduction targets, rolled out recycled content requirements, and established a producer responsibility organization to help fund state recycling programs. It also would have banned certain chemicals in packaging materials.

Where can I learn more about this bill?

If you’re interested in learning more about the legislation, you can check out Packaging Dive’s recap from after it failed.

4. California, Colorado, Oregon EPR Deadline

Reminder

July 1 marks the deadline for producers to register with Circular Action Alliance (CAA), the Producer Responsibility Organization (PRO) for California, Colorado, and Oregon. Producers that knowingly qualify for an exemption and producers that intend to submit an individual compliance plan are exempt from the deadline.

Learn More

To learn more about registration, tips, and producer definitions, you can visit CAA’s website on producer sign up.

—

May Packaging Policy Roundup

1. Minnesota’s EPR Bill

What will this law do?

Minnesota’s Extended Producer Responsibility (EPR) legislation requires producers to pay half of the state’s recycling costs by 2029, increasing their share to 90% by 2031.

What’s the status of this legislation?

Gov. Tim Walz signed the legislation, the Packaging Waste and Cost Reduction Act, into law on May 22, 2024. The Act was a part of a larger environmental budget and policy bill. Minnesota is the fifth state to pass EPR legislation.

What would these policies look like in action?

The shared responsibility model, which requires producers to pay half of recycling cost by 2029 and 90% by 2031, is similar to the Oregon EPR legislation in that producers alone will not fund the system.

The final law requires that Producers register with the PRO by July 1, 2026. From there, the initial needs assessment is due at the end of 2026 and the PRO’s stewardship plan is set for October, 2028.

Notably, the final draft doesn’t set performance targets. Instead, it calls for a future needs assessment before setting recycling, composting, waste reduction, reuse and return rates, and post consumer recycled content targets.

Where can I learn more about this law?

For more information on Minnesota’s EPR bill, timeline, and final text, you can check out this Waste Dive article.

2: New York’s Packaging Reduction and Recycling Infrastructure Act

What would these bills do?

These two companion bills (AB 5322 and SB 4246) would introduce Extended Producer Responsibility for packaging materials in New York. They would also advance various reduction, recycling and recycled content targets.

What’s the status of these bills?

These bills are in Committee Assembly and Senate Finance Committee, respectively.

What would these policies look like in action?

These bills use Packaging Reduction and Recycling Organization (PRRO) as opposed to the traditional term Producer Responsibility Organization (PRO). The PRRO, a registered 501(c)(3), works under contract with the Department of Environmental Conservation.

The PRRO collects producer fees, assists producers with compliance, implements the program, and essentially functions as the PRO, but is not technically referred to as a Producer Responsibility Organization. This means that producers would still need to register with the PRRO like they do in the other 4 states that have passed EPR laws (California, Colorado, Maine, and Oregon).

Where can I learn more about these bills?

For more information on New York’s Packaging Reduction and Recycling Infrastructure Act, you can check out this Resource Recycling article.

3: New Jersey Senate Bill 208

What would this bill do?

This bill—first introduced in 2022 and reintroduced in 2024—would require producers of packaging materials to operate packaging stewardship plans individually, or as a group of producers (a PRO). It also requires producers to include in their plans goals for:

Minimum post-consumer recycled material content rates
And minimum recycling rates for packaging products

What’s the status of this bill?

The bill was heard in the Senate Environment and Energy Committee hearing on May 13th.

What would this policy look like in action?

If passed, producers would need to comply within 18 months after the bill’s effective date.

Producers would be prohibited from selling, offering for sale, importing, or distributing any packaging product in New Jersey unless they’ve engaged in the implementation of, or they’ve fully implemented, a packaging product stewardship plan that aligns with the bill.

Where can I learn more about this bill?

To get a deeper understanding of this bill, you can check out our EPR tool or read the bill online here.

4: Colorado’s Producer Responsibility Program For Recycling

What would this bill do?

This bill (Colorado’s HB 1355) will create a state-wide producer responsibility program to provide recycling services for all residents, public places, small businesses, schools, hospitality locations, and state and local government buildings.

It also advances a needs assessment and requires the PRO to submit a program plan by February 1, 2025.

What’s the status of this bill?

It’s been passed and is currently being implemented.

What would this policy look like in action?

Implementation of this bill involves advisory board meetings with the Colorado Department of Public Health & Environment (CDPHE), the public, the Circular Action Alliance (CAA, which acts as the Producer Responsibility Organization), and the advisory council.

Recent meetings have covered plans to increase targets and producer compliance while also analyzing reimbursement rate models from Canadian provinces. The advisory board is engaging in ongoing discussions and iterative feedback processes, while CAA (the PRO) develops the program plan in Colorado.

Feedback from the public is welcomed and every meeting has time for public comment.

Where can I learn more about this bill?

You can check out all of CDPHE’s meeting recordings, slides, and registration links on their website.

5: California, Colorado, Oregon EPR Deadline

Reminder

Learn More

To learn more about registration, tips, and producer definitions, you can visit CAA’s website on producer sign up.

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Washington State adopts packaging Extended Producer Responsibility law as seventh West Coast state; legislation requires producers to cover 90% of recycling costs by 2032

Exclusive Industry Insights

1. With Washington’s EPR Passage, 1 in 5 Americans Lives in a State with EPR

Update: Washington state passes packaging EPR legislation.

What’s noteworthy about Washington’s EPR law?

2. Maryland Passes EPR

Update: Maryland becomes 6th state with packaging EPR law.

What’s noteworthy about Maryland’s EPR law?

3. Hawaii Advances EPR Needs Assessment to Governor

What is a Needs Assessment for EPR?

What is happening with EPR in Hawaii?

Why does this bill matter?

What should I know about Hawaii’s early EPR attempt?

4. Maine Legislators Introduce EPR ‘Fix It’ Bill

What is the latest on Maine’s EPR program?

Why do legislators and industry want to fix Maine’s EPR program?

What would Maine’s EPR ‘Fix It’ bill do?

What’s the status of this bill and where can I learn more?

1. EPR Advances in Washington and Maryland

What’s happening with EPR in Washington?

What’s happening with EPR in Maryland?

2. Policies Target Polystyrene Foam: 13 State Bills Proposed in Early 2025

What’s happening with polystyrene regulations in 2025?

How are these polystyrene bills progressing?

3. Vermont Legislation Seeks to Prohibit Plastic Produce Stickers

What’s in Vermont’s House Bill 478?

What would producers be required to do?

Why does this bill matter?