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Resource · Blog
October 27, 2021


EXTENDED PRODUCER RESPONSIBILITY LEGISLATION: 2021 STATE TRENDS

by Amber Fording, FiscalNote



A look at the increasing interest in extended producer responsibility
policy across the United States





With climate issues top of mind and the cost of recycling increasing, some
states are considering a new approach. Extended producer responsibility (EPR)
places the financial or physical responsibility of packaging and products’ end
of life on manufacturers. 

As manufacturers have the most control over product packaging, the goal is to
incentivize industries to prioritize waste reduction. Like consumer data
privacy, the concept of EPR was made mainstream by the European Union. With the
lack of federal intervention in the United States, a handful of states have
begun to follow suit and introduce their own EPR legislation. 


A STATE-BY-STATE APPROACH

EPR proposals usually contain some combination of programs to improve recycling
rates (often in the form of a “take back” deposit-refund system for beverage
containers), financial incentives for sustainable packaging designs, a
requirement to join a producer responsibility organization (PRO), and some bills
ban certain types of packaging entirely (i.e. single use plastic bags).

EPR bills also vary by what types of materials they cover. The most frequently
targeted materials are product packaging and paper products (PPP) which include
plastic containers, aluminum cans, printed paper, glass bottles and containers,
newspapers and magazines, cardboard, plastic film, and single use items such as
straws, cups, and plastic bags. 


THE STATE OF RECYCLING IN 2021

Until 2017, 70 percent of the United States’ plastic waste was sold to China to
be recycled into new products, which kept the cost of recycling low for
municipalities. After the Chinese government banned almost all recyclable
plastic imports in January 2018, many counties suspended their recycling
programs when recycling costs subsequently shot up. Many lawmakers now hope to
get their states back on track with recycling by involving paper and plastic
producers in the cost of recycling. Most bills in the PPP category aim to create
investments in existing recycling infrastructure (for example, by requiring
payments for producers based on the weighted amount of packaging material they
distribute) and holding manufacturers responsible for the recovery of plastic
waste.

Other categories include home furnishings, particularly carpeting and
mattresses, and electronic waste and batteries. Laws for carpet and mattresses
currently exist in California, Connecticut, and Rhode Island, and they require
manufacturers to design and implement a stewardship program and provide
consumers with easier access to collection and recycling of mattresses. 

E-waste and batteries including computers, cell phones, printers, and electric
vehicle batteries present particular concern as they contain hazardous chemicals
and compounds such as lead, mercury, cadmium, and brominated flame-retardants.
Many leading electronics manufacturers such as Dell, Samsung, and Apple have now
implemented buy-back or refurbishment programs for used electronics and 24
states have implemented some type of EPR requirements for e-waste. 


INTEREST IN EPR LEGISLATION SPIKES

Interest in EPR legislation has skyrocketed this year with FiscalNote users in
manufacturing, advocacy, and retail leading the way in terms of the industries
most interested in keeping track of new potential laws. 

In total, FiscalNote users created 299 new discovery alerts related to EPR in
2020. Between January and September 2021, that number had already reached 342.






FiscalNote’s easy-to-use discovery alerts allow you to track any movement on the
issues you’re watching and get a heads up as soon as something happens. With our
customized alerts, you can choose the specific keywords you want to monitor for
when they come up or change. Plus, you can choose when you’d like to receive
alerts and how often. The best part is you’ll be the first to know and you’ll
never miss your window of opportunity to act, which is especially important for
sensitive topics like extended producer responsibility.







TOP 5 EPR BILLS IN THE US


1. WASHINGTON SB 5022 — CONCERNING THE MANAGEMENT OF CERTAIN MATERIALS TO
SUPPORT RECYCLING AND WASTE AND LITTER REDUCTION

SB 5022 bans the manufacture and sale of Styrofoam by June 2024 and intends to
support recycling and waste reduction by requiring all plastic containers for
beverages, household cleaning products, personal care products, and trash bags
sold in Washington contain up to 50 percent recycled content by 2031. It also
would require that consumers specifically request single-use utensils for
takeout orders rather than utensils being automatically included. 


2. NEW YORK S 1185 — ESTABLISHES THE EXTENDED PRODUCER RESPONSIBILITY ACT

S 1185 would require producers of products (including online sellers) that
include packaging to either join a product stewardship organization and pay fees
or create their own approved producer responsibility plan within 3 years of the
bill taking effect. Exemptions would be provided for producers who generate
under $1 million in annual revenue, generate under one ton of the “covered
materials” per year, or have a single retail point (and are not part of a
franchise). Covered materials include printed paper (i.e. flyers or brochures),
all types of plastics, and containers made of either paper or plastic.


3. OREGON SB 582 — RELATING TO MODERNIZING OREGON'S RECYCLING SYSTEM

SB 582 requires producers to join a producer responsibility organization with
variable fees based on the producer’s environmental impact and sets a goal that
25 percent of covered plastic products be recycled by 2028. The PRO would also
fund educational campaigns for consumers, upgrades to existing recycling
centers, and things like new trucks and containers. 


4. CALIFORNIA SB 54 — PLASTIC POLLUTION PRODUCER RESPONSIBILITY ACT

SB 54 has gone through several failed iterations in 2019 and 2020. The 2021
version would require all single-use disposable packaging, including food
service packaging, to be recyclable or compostable by January 2032. The bill
specifically relates to foodware and paper and plastics packaging.


5. MAINE LD 1541 (HP 1146) — AN ACT TO SUPPORT AND IMPROVE MUNICIPAL RECYCLING
PROGRAMS AND SAVE TAXPAYER MONEY

LD 1541 was the nation’s first consumer packaging EPR law enacted in July 2021
and requires producers to pay into stewardship organizations. Other incentives
include creating packaging that is easier to reuse and recycle and will provide
funds to improve recycling in the state through education and infrastructure
investments.


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