EPR Packing Bills Introduced to States

EPR Packing Bills Introduced to States

EPR Packaging Bills Introduced to States

As states struggle with how to manage packaging waste, many have made the push towards Extended Producer Responsibility (EPR) regulations that move the cost of waste handling from communities to manufacturers. Packaging EPR legislation is currently taking shape in numerous states from the west coast to the east coast. This is an important issue for retail, as many of the bills include requirements that retailers will need to be aware of or implement.

An overview of recently introduced state EPR legislation is shown in the table below.

Several organizations have created their own framework or industry viewpoint on packaging EPR. Below is a list of current organizations working on this topic. Viewpoints in these documents do not necessarily reflect those of RILA and should be viewed for informational purposes only.

STATE STATUS SUMMARY OF REQUIREMENT
California Introduced
Solid waste: disposable packaging and food ware (SB 54)

This bill would declare the intent of the Legislature to enact the Plastic Pollution Producer Responsibility Act, which would look to achieve a 75% source reduction, recycling, and reuse goal in part by making businesses financially responsible for management and recovery of plastic waste.

Materials covered: disposable packaging and foodware
Link to Text
Delaware Proposed
Statewide Solid Waste Management Plan (DE Admin. Code 502)

Adopts a new Statewide Solid Waste Management Plan to replace, in its entirety, the 2015 plan. The Plan provides a framework to maximize recycling and diversion of materials from landfill disposal, and to advance sustainable materials management practices. The plan retains sections expressing support for extended producer responsibility, reduction of single-use product waste, and packaging waste reduction. The new plan adds language expressing support for "Right to Repair laws to extend the responsibility and complement EPR systems by requiring electronics (or other) producers to make available the knowledge and tools needed to repair and refurbish their devices."

Materials covered: solid waste, single-use products, packaging
Link to Text
Hawaii Introduced
Relating to Packaging Waste (HB 1316)

Creates an extended producer responsibility program for paper and packaging sold or supplied to consumers in Hawaii.

Materials Covered: paper and packaging products
Link to Text
Hawaii Introduced
Relating to Waste Management (HB 1305)
Requires the University of Hawaii economic research organization to conduct a comprehensive study and submit a report to the legislature about a policy approach that encourages manufacturers to take on the costs of end-of-life product management.

Materials covered: carpet, electronics, packaging and batteries
Link to Text
Hawaii Introduced
Relating to Product Stewardship Programs (SB 1419)

Establishes a municipal product stewardship program for packaging, paper products, and containers. Applies to producers of any part of a package or container used for the handling, delivery, and presentation of a product sold or imported in Hawaii.

Materials covered: all primary, secondary, and tertiary packaging intended for consumers; carry–out bags, prescription bottles, printed materials, and beverage containers
Link to Text
Indiana Introduced
An Act to Amend the Indiana Code Concerning Environmental Law (SB 432)

Requires every producer of a product or material that results in waste packaging or waste printed paper to register with the department of environmental management and, either singly or jointly with one or more other producers, to submit to the department for approval a producer recycling program plan under which the producer or group of producers will provide for or finance the recycling of packaging and printed paper.

Materials covered: packaging and printed paper
Link to Text
Maryland Introduced
Environment – Packaging, Containers and Paper Products – Producer Responsibility (HB 36)

Establishes product stewardship plan requirements for manufacturers of paper products, packaging, or containers. Requires covered product producers to submit plans, either individually or as part of a stewardship program, to the Dept. of Environmental Protection for the recovery of materials.

Materials covered: beverage containers, carryout bags, bulk goods bags, take-out and food delivery service packaging, prescription bottles, paper products, and printed material
Link to Text
New York Introduced
An act to amend the environmental conservation law, in relation to establishing the extended producer responsibility act (SB 1185A)

Establishes the extended producer responsibility act requiring covered materials and product producers to develop and implement strategies to promote recycling, reuse and recovery of packaging and paper products. 

Materials covered: Includes all types of paper products, including flyers and brochures, and all types of plastics, including PET plastics, BPA, PVC, polystyrene, flexible and rigid plastics
Link to Text
New York Introduced
An act to amend the environmental conservation law, in relation to requiring manufacturers of consumer goods to accept for collection, handling and recycling or reuse, consumer goods waste for which it is the manufacturer (AB 3580)

Requires manufacturers of consumer goods to accept for collection, handling and recycling or reuse, consumer goods waste for which it is the manufacturer. Requires manufacturers of consumer goods to provide a consumer goods waste acceptance program and be responsible for all costs associated with the implementation of such program.

Materials covered: Any good purchased or leased for personal or household use.
Link to Text
Oregon Introduced
Relating to claims about the recyclability of products; prescribing an effective date (SB 581)

Prohibits sale of products that make deceptive or misleading claims about recyclability. Directs Environmental Quality Commission to adopt rules for products that make claims about recyclability. Permits Department of Environmental Quality or any other person to bring action enforcing prohibition on sale of deceptive or misleading products.

Materials Covered: Any item sold in the state, the packaging of the item or the material used to make the item or packaging.
Link to Text
Oregon Introduced
Relating to modernizing Oregon’s recycling system (HB 2065)

Requires producers of covered products to join producer responsibility organization unless exempt. Requires producer responsibility organization to submit program plan to Department of Environmental Quality. Requires producer responsibility organizations to reimburse local governments for certain expenses. Establishes Oregon Recycling System Advisory Council. Directs department to establish uniform statewide collection list. Establishes Producer Responsibility Fund. Establishes Waste Prevention and Reuse Fund. Prohibits sale in this state of products with deceptive or misleading claims about recyclability. Requires commingled recycling processing facility to obtain disposal site permit.

Materials covered: packaging, printing and writing paper, food serviceware, paper or plastic plates, cups, bowls, cutlery or straws, aluminum foil, and pie plates.
Link to Text
Oregon Introduced
Relating to extended producer responsibility programs (SB 2592)

Creates extended producer responsibility requirements for packaging, food serviceware, and printing and writing paper. Requires producers to form or join extended producer responsibility program. Prohibits sale of products that make deceptive or misleading claims about recyclability. Requires commingled recycling processing facility to obtain disposal site permit. Requires EPR organization to implement program by July 1, 2025.

Materials covered: packaging, printing and writing paper, food serviceware, paper or plastic plates, cups, bowls, cutlery or straws, aluminum foil, and pie plates.
Link to Text
Oregon Introduced
Relating to plastic, prescribing an effective date

Establishes product stewardship program for plastic packaging and plastic food serviceware. Establishes Plastics Stewardship Fund. Continuously appropriates moneys in fund to Department of Environmental Quality for purposes of Act. Imposes penalty for violation by manufacturer or stewardship organization of program provisions not to exceed $10,000 per day; fine for retailer not to exceed $100 per day for each day of violation.

Materials covered: plastic packaging and plastic food serviceware
Link to Text
Washington Introduced
An act relating to the management of certain materials to support recycling and waste and litter reduction (SB 5022)

Creates a product stewardship program for all consumer packaging and paper products sold or supplied to consumers. Requires producers to annually register with the state and verify amount and weight of product sold into the state. Requires producers to meet phased-in recyclable targets. Producers of plastic beverage containers are required must make no less than 50% of its products from postconsumer recycled plastic by weight.

Materials covered: packaging and paper products, beverage containers made from plastic, glass, or aluminum
Link to Text
Washington Introduced
An act relating to the management of certain materials to support recycling and waste and litter reduction (HB 1118)

Creates a product stewardship program for all consumer packaging and paper products sold or supplied to consumers. Requires producers to annually register with the state and verify amount and weight of product sold into the state. Requires producers to meet phased-in recyclable targets. Producers of plastic beverage containers are required must make no less than 50% of its products from postconsumer recycled plastic by weight.

Materials covered: packaging and paper products, beverage containers made from plastic, glass, or aluminum
Link to Text
Vermont Introduced
An act relating to extended producer responsibility for packaging and paper products (HB 142)

Creates extended producer responsibility program requirements for packaging and paper products. Requires responsible parties, including paper product manufacturers as well as manufacturers of consumer products that use or are composed of packaging and is sold or distributed in Vermont, to implement or participate in a plan for the collection and management of such products.

Materials covered: packaging and paper products
Link to Text


Disclaimer: Information in the table above is meant to be a reference tool and is not an exhaustive list of all legislative activity in the U.S. The information provides a summary and does not convey all aspects of legislated requirements. For example, the summaries below do not necessarily include definition of terms, information on outreach and education requirements, penalties and enforcement, reporting, or instructions on how to comply. Links to legislation are accurate as of the date of this publication. Retailers should reference official agency resources and/or the appropriate legislative documents for comprehensive guidance. Inclusion of proposed legislation is not a predictor or an indicator of RILA’s belief that it will pass.

Last Updated: February 9, 2021

About the RILA’s Retail Compliance Center: The Retail Compliance Center (RCC) provides resources on environmental compliance and sustainability for all types and sizes of retailers. The RCC’s goal is to develop retail-specific resources, tools and innovative solutions to help companies cost-effectively improve their compliance and environmental performance.

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