Over the past few years, six states across the country have passed Extender Producer Responsibility (EPR) packaging laws in an effort to hold packaging producers accountable for their product’s impact throughout the entirety of its lifecycle, including end-of-life.
The concept of Extended Producer Responsibility (EPR) was created by Dr. Thomas Lindquist, Professor at Lund University in Sweden, back in the 1990s. EPR is an approach that turns liability towards the producers of packaging and products in regard to managing the end-of-life and other lifecycle phases associated with the packaging and products.
As the Sustainable Packaging Coalition (SPC) highlights, many EPR bills include requirements for packaging producers in their states to join a PRO—a collective body that creates and manages the implementation of a producer responsibility plan/program.
The following US States have passed EPR bills:
California – SB 54 (Passed June 30, 2022)
Colorado – HB 22-1355 (Passed June 3, 2022)
Maine – S2145 (Passed July 2021)
Oregon – SB 582 (Passed August 6, 2021)
Maryland – SB 0222 (Passed May 10, 2023)
Minnesota - HF 3911 (Passed May 22, 2024)
Despite having different timelines and requirements, the active EPR programs above were created with a similar goal in mind—to hold packaging producers accountable for the impact of their products throughout their lifecycle, from cradle to grave.
The development of the programs above has inspired 9 US states to propose their own EPR programs in 2023 including Hawaii, Illinois, Massachusetts, New Jersey, New York, North Carolina, Rhode Island, Tennessee, and Washington.
The following section will explore EPR bills introduced in the states above.
EPR Bills Introduced but Not Passed
Hawaii – HB 1326 vs. SB 1458
The state of Hawaii is in a unique situation when it comes to their EPR journey; the state has two competing bills with differing strategies.
The more extensive bill, similar to programs that have passed, is HB 1326—introduced by the House on January 25th of 2023. HB 1326 would work to establish the Hawaii Zero Waste Initiative, a program including the establishment of a Packaging Waste Advisory council which would be responsible for creating a PRO.
HB 1326 also includes a requirement for the Department of Health to lead a study to understand “the resources required to reduce packaging waste by 70% from the baseline amount by 2035.” The proposed bill has long term plans for an EPR program in Hawaii and relies on a PRO system like current EPR legislation that has passed in the United States thus far.
Going up against HB 1326 is the fund-based SB 1458, which was also introduced January 25th, 2023. Unlike HB 1326, SB1458 does not include the creation of a PRO and instead requires top packaging producers, defined by the law, to pay an annual fee into an Extender Producer Responsibility Special Fund that has a 5-year timeline.
The proceeds collected from the special fund will be used for packaging and waste reduction programs organized at the county level. Hawaii officials are currently evaluating which of the two proposed bills aligns more with the island states unique waste management needs; as of April 2023, both bills are currently stalled and awaiting further action. However, we anticipate that one of these two bills will become Hawaii’s EPR program in the near future.
Illinois – HB 2874
In February of this year, Representative Dagmara Avelar introduced the proposed Packaging and Paper Products Stewardship Act for the state of Illinois. HB 2874, like Hawaii’s HB 1326, relies on the establishment of a PRO to ensure the program's success.
The proposed act also requires identified producers to work with the advisory committee of the act to “publish a list of minimum types of readily recyclable materials based on available collection and processing infrastructure and recycling markets for covered materials.”
HB 2874 also requires packaging and paper products producers to create and manage waste prevention and reuse systems, including composting and consumer education programs.
The last action related to the act was its re-referral to the Rules Committee on March 27th of this year.
Massachusetts – H.799
In section 2 of the proposed An Act to save recycling costs in the commonwealth (H.799), Representative Michael S. Day lays out a plan for an EPR-adjacent program for the state of Massachusetts. Section 2 of the 36-page act is titled, Packaging Reduction and Recycling Program.
This program includes a fee structure for producers who operated in the state and the power for the state to require packaging producers to change packaging designs to align with the acts provisions. Instead of titling it a “producer responsibility organization,”
H.799 establishes a Packaging Reduction Organization which is responsible for the collection of “packaging reduction, generation, and recycling information and fee payments.” The proposed act is comprehensive and includes a State Comptroller audit each year to ensure efficacy.
The last action related to H.799 was a joint hearing on June 14th of this year and its referral to the Joint Committee on Environment and Natural Resources.
New Jersey – S426
On January 11, 2022, Senators Bob Smith and Richard Codey introduced a proposed act for New Jersey titled the Packaging Product Stewardship Act (S426).
The proposed S426 works to require “producers of packaging products sold in New Jersey to adopt and implement packaging product stewardship plans.” The use of a required Packaging Product Stewardship Plan calls on producers of packaging in the state of New Jersey to work individually or as a group to draft a plan that focuses on the management, collection, reuse, and disposal of packaging products in the state and encouraging PCR content in packaging products.
The act defines the term “Packaging Product” as “any product or material that is designed and used for the containment, protection, handling, delivery, or presentation of another product, including, but not limited to, a food or beverage item, that is sold, offered for sale, imported, or distributed in the State.”
The proposed act has been dormant since its introduction in early 2022, however, as other states act, like New Jersey’s neighbor, Maryland, recently did in May of this year, it could encourage the Garden state to bring S426 back to the table.
New York – SB S1064
On January 9th of this year, New York State Senator Rachel May introduced SB S1064.
SB S1064 is titled the Extended Producer Responsibility Program for Packaging and requires producers of packaging in the state to create and manage the implementation of a Producer Responsibility Program Plan (either solo or collectively) which includes “a list of the types and brands of packaging products included in the plan; the methods by which the producer will achieve minimum post-consumer content rates, recovery rates and recycling rate” and more.
Similar to Illinois, the proposed bill includes a PRO-adjacent system with a different title. The latest action related to SB S1064 is its referral to the Environmental Conservation Committee in January of this year.
North Carolina – HB 279
On March 6th of this year, Representatives Butler and Harrison introduced HB 279 to the General Assembly of North Carolina. HB 279 is titled An Act to Establish Extended Producer Responsibility for Certain Producers of Products Using Packaging Materials and to Ban the Manufacture and Distribution of Packaging Materials Containing Certain Toxic Substances in Order to Protect Public Health.
The act calls for all registered “Responsible Producers” to join or establish a Producer Responsibility Organization that operates as a 501(c)(3) non-profit organization. The PROs are responsible for drafting and seeking approval of “Stewardship Plans.” The proposed legislation also lays out requirements for “Non-Reusable Packaging Reduction”—including a reduction of 40% of material 8 years after approval of a stewardship plan.
The latest action related to HB 279 was its referral to the Commission on Rules, Calendar, and Operations Committee on March 7th of this year.
Rhode Island – SB 200
Numerous Rhode Island state Senators, including the likes of Senator Valverde and Senator Gu, introduced SB 200 on February 16th, 2023.
The proposed act is titled, An Act Relating to Health and Safety -- Extended Producer Responsibility for Packaging. SB 200 calls for the General Assembly of Rhode Island to add a chapter, Chapter 99, to SECTION 1. Title 23 of the General Laws Entitled “HEALTH AND SAFETY.”
The proposed chapter works to establish a Packaging Reduction and Recycling Program in which identified packaging producers will pay a fee based on the quantity and type of packaging materials produced, distributed, or sold into the state.
The structure of the act is similar to that of Massachusetts’s H.799, in which the state establishes a non-profit organization to organize and manage the collection of fees and information related to “packaging reduction, generation, and recycling.”
The latest action related to SB 200 was its referral to the Environment and Agriculture Committee.
Tennessee – HB 0550
On January 25th of this year, Tennessee state Senator Heidi Cambell introduced a proposed act called the Tennessee Waste Reduction and Recycling Act, HB 0550.
The act, similar to others, calls for identified packaging producers to establish PROs to reduce packaging waste and enhance statewide recycling systems.
The proposed HB 0550 (also SB573) also calls for the appointment of a Producer Responsibility Advisory Board, consisting of 13 members across various stakeholder groups to be appointed by the Tennessee Department of Environment and Conservation (TDEC).
One of the main motivations behind the bill is to boost in-state recycling systems, as a survey conducted by the TDEC in 2018 revealed that 41% of the 300 industries surveyed have their materials recycled outside of the state.
The latest action related to HB 0550 was sponsors being added on March 9th of this year.
Washington – HB 1131
On January 5th, 2023, numerous representatives introduced An Act Relating to Improving Washington's Solid Waste Management Outcomes (HB 1131). Since the proposed bill was introduced, it has had 2 substitute bills, with the second introduced February 23rd.
Similar to other proposed EPR bills, HB 1131 calls for identified producers to join a PRO, furthermore this bill calls for all PROs to submit a coordination plan to align efforts and programs.
According to the bill’s text, HB 1131 will help the state meet its goal of a 50% statewide recycling rate that was established in 1989, and which is currently not being met.
HB 1131 also highlights that many in Washington do not have access to affordable curbside recycling, and the hope is that the bill and PROs will help expand curbside systems in the state.
The latest action related to HB 1131 was the Second Substitute version being returned to the Rules Committee for a second reading on March 13th, 2023.
How to Prepare to Upcoming EPR Requirements
With 6 EPR bills that have been approved and 9 states with bills in numerous and varying stages, it is paramount to understand the concept of EPR as a whole and which potential bills could impact your organization.
Emerging packaging regulations can be dense and overwhelming, yet having a firm grasp of the current and proposed regulations can help ensure your organization is compliant in order to avoid unnecessary fines related to operations in the markets above.
Here at the Packaging School, we offer an array of online courses and certificate programs that can help you and your organization boost your packaging IQ and prepare for emerging packaging regulations.
Check out these courses to prepare your business for EPR laws:
