A producer responsibility organization’s membership fee schedule must consider the post-consumer content of the material (if the use of post-consumer content in the covered product is not prohibited by federal law).

Oregon State Senate Bill 582B

Oregon State Senate Bill 582 was introduced at the beginning of the 2021 Regular Session. The bill was amended on 4/16/21 and 6/21/21. This version, SB 582 B-Engrossed, specifies changes to the recycling rate, size of a small producer, and adds toxic or hazardous packaged products to the exceptions. This version requires DEQ to complete a multifamily needs assessment, an equity study, federal law evaluation, litter and marine debris needs assessment, and a compostability study of covered products. The amendments also add 2 members of the Oregon legislature to the stakeholder advisory board. This bill details the development of a producer responsibility program for packaging, food serviceware, and printing and writing paper. Under this program, producers are required to implement a producer responsibility plan, either individually or as a producer responsibility organization (PRO). The bill directs the Department of Environmental Quality to establish a statewide collection list for recyclable materials. The bill was signed into law on 8/6/21.

ISRI prefers policies that incentivize designing packaging for recyclability and use more recycled content in manufacturing and packaging, provided there are no negative implications to the product’s recyclability.

Institute of Scrap Recycling Industries (ISRI) Position on Product Stewardship

ISRI released an updated policy position on product stewardship in July 2021. This policy position states that "ISRI does not support product stewardship policies that disrupt the current recycling infrastructure, such as extended producer responsibility programs that either target, include, or disrupt the recycling of materials or products that are being successfully recycled and consumed in existing markets". Rather, ISRI would like to see policies that encourage the use of recycled material in manufacturing and products and increase the recyclability of products through design. The position also includes a preference for temporary-only policies that adjust to markets and demand, including support for collection mechanisms for hard to recycle products and compensation for municipalities for difficult to recycle items. Furthermore, ISRI seeks a "seat at the table" if there are discussions at the state level on Producer Responsibility Organizations (PROs).

The NWRA prefers legislation that focuses on the improvement of end markets through the use of post-consumer materials in both manufacturing/processing and products. The product type should determine the level of PCR and governments should require PCR purchasing policies when appropriate. 

National Waste and Recycling Association (NWRA) Policy Position on Extended Producer Responsibility

The National Waste and Recycling Association updated its policy position on extended producer responsibility in June 2021. The NWRA believes there are currently five major issues facing recycling in the United States: insufficient demand for some recyclables, low prices for the combined recycling stream, consumer behavior challenges, public concern over plastic in the environment, and inexpensive virgin resources. The NWRA believes policy to correct recycling challenges should incentivize demand for recyclables, not only focus on the supply side of the markets. Policy that supports creating "demand by requiring packaging to have post-consumer recycled content" is endorsed by NWRA. In situations where this policy approach is not enough, NWRA may consider supporting EPR. This position outlines which elements NWRA supports if EPR is proposed.

EMF recommends a comprehensive circular economy approach, which can include complementary policies beyond EPR. The paper suggests policy options that may be considered to achieve the goal of stimulating design for the circular economy, including setting mandatory minimum recycled content targets for specific packaging types.

Ellen MacArthur Foundation Position Paper on EPR

The Ellen MacArthur Foundation (EMF) released a publication titled "Extended Producer Responsibility: A Necessary Part of the Solution to Packaging Waste and Pollution." Thi publication includes a statement by key stakeholders and a position paper from EMF. The statement is in strong support of the implementation of EPR programs for packaging, and is signed by over 100 companies and organizations throughout the packaging value chain. The position paper, while not necessarily endorsed by the signatories of the statement, expands on the need for EPR and strongly supports EPR as a funding mechanism to contribute to the circular economy for packaging. The paper does not propose a specific policy nor provide recommendations on how to design or implement programs. However, it does include several key elements that EMF feels are essential considerations for EPR schemes.

To achieve the USPP's Target 4 of "average of 30% recycled content or responsibly-sourced, bio-based content by 2025", a key activity is to develop a benchmark of existing policies including the use of mandatory recycled content and eco-modulation levers to assess potential impacts of different approaches. Another key activity is to support post-consumer recycled content mandates and procurement policies in coordination with strong programs and policies like EPR and DRS to assist the collection and sortation of recyclable plastic packaging.

U.S. Plastics Pact Roadmap to 2025

The U.S. Plastics Pact (USPP) released a Roadmap to 2025, which lays out the key activities necessary to achieve the four targets of the USPP by 2025. The roadmap does not go into much detail beyond identifying policy considerations as key activities, but it states support for EPR and indicates several elements which are necessary to include in policy development. Several key outcomes include the development of a clear position from the U.S. Plastics Pact on policy approaches, which will be forthcoming.

Rules determining fee calculation must include criteria to adjust payments in a manner that incentivizes the use of recycled content.

Maine Legislative Document 1541 A

Maine Legislative Document 1541 (House Paper 1146) was introduced in the first special session of the 2021 Maine Legislature. The bill proposes the establishment of a stewardship program for packaging materials. Under this regulation, the state would enter into a contract with a stewardship organization, which would be responsible for implementing the program. The bill authorizes the state to determine the rules for fees paid by producers which would go towards reimbursing municipalities for operational costs of managing covered packaging materials. The bill was amended on 6/14/21 and passed in the state senate and house. The amendments include the addition of a needs assessment and the removal of litter cleanup and abatement from cost coverage. The bill was signed into law on 7/12/21.

The program must include goals supporting an increased reuse by producers of packaging material and an increased amount of post-consumer recycled content in packaging material used by producers.

The program plan will encourage participating producers to increase the post-consumer content in packaging products.

New Jersey Senate Bill 3853

New Jersey State Senate Bill 3853 was introduced in the middle of the 2021 Regular Session. This bill details the development of a packaging product stewardship program, which would require producers of packaging and  food serviceware to form a stewardship organization.

All single-use packaging products must be composed of at least 75% post-consumer content by January 1, 2027.

Fees detailed in the producer responsibility plan will be adjusted based on percentage of post-consumer recycled material content.

New York State Senate Bill 1185C

New York State Senate Bill 1185C details the development of a producer responsibility program for packaging, paper products, and single-use plastics. Under this program, producers are required to implement a producer responsibility plan, either individually or as a Producer Responsibility Organization (PRO). The bill was first, amended on January 27th, 2021. The bill was further amended on March 10th, 2021, and May 19th, 2021. This version, S1185C, specifies the inclusion of certain single-use plastic items (i.e. straws, utensils, cups) and excludes a larger variety of paper products (periodical, magazines, and newspapers) as covered materials or products. This version removes the advertiser exemption option introduced in the previous version. 

The amendments also add a public health specialist and producer to the stakeholder advisory board.

Within five years after a plan is approved, producers will be required to meet the minimum recovery, recycling, and post-consumer recycled material content rate for a covered material or product as approved by the state in the producer responsibility plan.

The factors for future fee modulation include favorable fee adjustments based on the increased use of post-consumer recycled content in packaging material.

Maine Legislative Document 1471

Maine Legislative Document 1471 (Senate Paper 474) was introduced in the first special session of the 2021 Maine Legislature. The bill proposes to establish a stewardship program for packaging. The program would provide funding to municipalities for recycling program operations based on a statewide needs assessment. The program would be structured to award grants for market development, infrastructure improvement, and consumer education.

The proposed goals must include goals for recycled material content use standards.

In establishing the criteria for a fee adjustment, a stewardship organization must consider factors that include increased use of post-consumer recycled content material.

Massachusetts House Docket 1553

Massachusetts House Docket 1553 was introduced at the beginning of the 2021 Regular Session. This bill details the development of a producer responsibility program for all packaging and paper products. Under this program, producers are required to implement a producer responsibility plan, either individually or as a producer responsibility organization (PRO).

The stewardship organization must include in their program plan how they intend to meet the proposed minimum post-consumer recycled material content rates.

Recycled content minimums for plastic beverage containers are included in this bill. The amount of post-consumer recycled content from US sources used to make the plastic beverage containers must be, at a minimum:

1. 25% by 2025
2. 50% by 2030
3. 70% by 2035
4. 80% by 2040

Fees should take into account the percentage of post-consumer recycled content verified that exceeds the minimum requirements established under section this legislation in the packaging, if the recycled content does not disrupt the potential for future recycling.

U.S. House Resolution 2238 "Break Free From Plastic Pollution Act of 2021"

U.S. House Resolution 2238 was introduced in Congress on 3/25/21. Also known as the Break Free from Plastic Pollution Act (BFFPA) of 2021, this bill has a significant EPR component. Under this legislation, producers of covered products and beverage containers would be required to join product-specific producer responsibility organizations (PROs) to implement a product stewardship plan. There are many other policy levers introduced in the bill, to include a national bottle deposit program, a ban on certain single-use plastic products, and recycled content minimums.

California State Assembly Bill 842

California State Assembly Bill 842 was introduced at the beginning of the 2021 Regular Session. This bill details the development of the Plastic Packaging Source Reduction and Recycling Stewardship Program, which would require producers of single-use plastic packaging and products to form a stewardship organization. The legislation would also require all single-use plastic packaging and products sold in the state to contain recycled content and be able to be easily recycled in the state, as defined by the state.

The bill would, beginning January 1, 2035, require all single-use packaging and single-use products sold, offered for sale, distributed, or imported in or into the state to include  75% post-consumer recycled content.

This bill establishes a minimum recycled content requirement for plastic beverage containers, trash bags, and household cleaning and personal care product containers.

Washington State Senate Bill 5022-S2.E

The State of Washington Senate Bill 5022 was introduced at the beginning of the 2021 Regular Session. The proposed legislation sets forth guidelines for a state-wide Extended Producer Responsibility program that covers packaging and paper products (PPP).

The bill was amended on 2/3/21, to remove the EPR language. The new bill substitute focuses on expanded polystyrene prohibitions, disposable food serviceware in restaurants, and recycled content requirements for beverage containers. The bill was further amended on 3/2/21 to include recycled content minimums for plastic trash bags  and household cleaning and personal care product containers.

This bill requires beverage manufacturers that offer for sale, sell, or distribute beverages in plastic beverage containers in the State to meet minimum post-consumer recycled content. This regulation would go into effect on January 1, 2023.

The post-consumer recycled content minimums proposed in the bill require plastic beverage containers to include:
1. No less than 15% post-consumer recycled plastic by weight by December 31, 2025
2. No less than 25% post-consumer recycled plastic by weight by December 31, 2030
3. No less than 50% post-consumer recycled plastic by weight on and after January 1, 2031.

Hawaii State House Bill 1316-HD1

Hawaii House Bill 1316 details the requirement for producers to assume responsibility for packaging, paper products, and beverage containers. HB 1316 was amended (HD1) to remove EPR program details and instead proposes funding to conduct a study on the benefits and costs to implement EPR in the state. The bill also includes proposal to prohibit full-service restaurants from offering single-use service ware unless requested. Additionally, it requires minimum post-consumer recycled content in plastic beverage containers sold in the state. HB 1316-HD1 was referred to committee and did not advance prior to the 2021 regular session adjourning.

New York State Assembly Bill 5801

New York State Assembly Bill 5801 is the companion bill to S1185. This bill details the development of a producer responsibility program for packaging and paper products. Under this program, producers are required to implement a producer responsibility plan, either individually or as a Producer Responsibility Organization (PRO).

The producer responsibility plan must include a proposed minimum PCR content rate requirement.

Fees will be modulated to provide incentives based on the post-consumer recycled content of covered materials.

Vermont House Bill 142

Vermont House Bill 142 was introduced at the beginning of the 2021 session. H142 proposes a stewardship program for packaging and paper products. The bill defines a covered entity as any person presenting covered material for collection. Under this proposed regulation, responsible parties must join a stewardship organization. If there are multiple stewardship organizations, they must work together to submit a single plan.

Hawaii State Senate Bill 1419

Hawaii Senate Bill 1419 was introduced at the beginning of the 2021 session. SB 1419 establishes a municipal product stewardship program to shift the costs of paying for solid waste disposal and recycling from the municipality to product manufacturers. SB 1419 was referred to committee and did not advance prior to the 2021 regular session adjourning.

The bill requires all single-use packaging and products to be at least seventy-five per cent post-consumer content by June 1, 2025.

Maryland House Bill 36

Maryland House Bill 36 was introduced at the beginning of the 2021 Regular Session. The bill proposes extended producer responsibility for packaging, containers, and paper products. The legislation requires producers to form a stewardship organization, but is less detailed about specifics of the stewardship program. The bill states that certain aspects that must be addressed within the stewardship plan, but does not prescribe detailed implementation methods. The sponsor of bill has stated that these details deserve more thought and discussion than can fit into house session, and should instead be developed thoughtfully over the allotted time period by producers and stakeholders.

Maryland HB 36 was referred to committee and did not advance prior to the 2021 regular session adjourning.

All single-use packaging and products must be at least 75% PCR content by 1 Oct 2027.

A lower cost to covered products will be expected if a material has a lower environmental impacts, including covered products made of any combination of recycled or post consumer materials or materials derived from litter totaling at least 90 percent.

Oregon State House Bill 2592

Oregon State House Bill 2592 was introduced at the beginning of the 2021 Regular Session. This bill details the requirement of a producer responsibility program for packaging, food serviceware, and printing and writing paper. Under this program, producers are required to implement a producer responsibility plan, either individually or as a producer responsibility organization (PRO). This bill also prohibits the sale of products that make deceptive or misleading claims about recyclability, which is defined in the bill. HB 2592 was referred to committee and did not advance prior to adjournment of the regular session.

Covered products sold or distributed in the state must meet the following annual minimum post-consumer recycled content requirements, by material category, for the total quantity of covered products sold or distributed in this state: 

| Material Category     | By 2026     | By 2030     |
| ---------- | ---------- | ---------- |
| Rigid plastic       | 30 percent       | 50 percent       |
| Flexible plastic       | 10 percent       | 30 percent       |
| Paper packaging       | 50 percent       | 75 percent       |
| Other paper products       | 25 percent       | 50 percent       |
| Aluminum       | 50 percent       | 70 percent       |
| Steel       | 30 percent       | 50 percent       |
| Glass       | 40 percent       | 60 percent       |

The state may adopt rules to implement, administer, and enforce minimum postconsumer recycled content of covered products, and to adjust minimum required postconsumer recycled content. 

Fee modulation should encourage the use of recycled content.

Washington State House Bill 1118

Washington State House Bill 1118 was introduced at the beginning of the 2021 Regular Session. The proposed legislation sets forth guidelines for a statewide extended producer responsibility program that covers packaging and paper products (PPP). HB1118 is a companion bill to SB5022, which was amended to remove the EPR language and subsequently passed. HB1118 was referred to the Environment and Energy Committee but did not progress further during the regular session.

The following minimum recycled content requirements for plastic beverage bottles must be met by producers:

1. Jan 2025-Dec 2029: No less than 25% by weight
2. After Jan 2030: No less than 50% by weight

For each listed material category, the following minimum recycled content requirements must be met:

| Material Category     | By 2026     | By 2030     |
| ---------- | ---------- | ---------- |
| Other Rigid plastic       | 30 percent       | 50 percent       |
| Flexible plastic       | 10 percent       | 30 percent       |
| Paper Packaging       | 50 percent       | 75 percent       |
| Other Paper Prod.       | 25 percent       | 50 percent       |
| Aluminum       | 50 percent       | 70 percent       |
| Steel       | 30 percent       | 50 percent       |
| Glass       | 40 percent       | 60 percent       |

In establishing the criteria for a fee adjustment, a PRO must consider factors that include the post-consumer content of the material. 

Oregon State House Bill 2065

Oregon House Bill 2065 was introduced at the beginning of the 2021 Regular Session. The bill proposes extended producer responsibility for packaging and paper products. The legislation requires producers of covered products to join a producer responsibility organization (PRO) unless exempt. The PRO is required to submit a program plan to Department of Environmental Quality (DEQ). The legislation also directs the PRO to reimburse local governments for certain expenses and DEQ to establish a uniform statewide collection list. HB2065 was referred to committee and did not advance prior to adjournment of the regular session.

Oregon State Senate Bill 14

Oregon State Senate Bill 14 was introduced at the beginning of the 2021 Regular Session. This bill details the development of a stewardship organization and a plastic stewardship program that covers plastic packaging and plastic food serviceware. SB14 was referred to committee and did not advance prior to adjournment of the regular session.

Consumer Goods Forum (CGF) Position on Optimal Extended Producer Responsibility

The Consumer Goods Forum (CGF) released global principles and parameters for EPR policies to serve as a starting point for policy discussion. The principles and parameters are designed for global application and encourage industry participation in the development and improvement of these EPR programs. The included aspects of EPR design are intended to inform the development of EPR programs. CGF states that these principles reflect critical components of optimal EPR but are not exhaustive.

California State Senate Bill 54

California Senate Bill 54 is a declaration of intent to enact a Plastic Pollution Producer Responsibility Act. The bill cites plastic production rates, ocean pollution issues, recycling rates, and a shift in global waste markets as reason for needing to enact a solution. The bill further references environmental and human health concerns, drinking water contamination, and the cost to local governments for clean up efforts. The legislation states that businesses that sell in the state have a responsibility over the packaging and product waste that is produced, including the costs of recovery. The bill stipulates that all disposable packaging should be recyclable or compostable. 

This bill will be monitored and the forthcoming Plastic Pollution Producer Responsibility Act will be analyzed when amended.

Product Stewardship Institute (PSI) and Flexible Packaging Association (FPA) Shared Elements of EPR Legislation for Packaging and Paper Products (PPP) 

The "Shared Elements of EPR Legislation for Packaging and Paper Products (PPP)" is an agreement between Product Stewardship Institute (PSI) and the Flexible Packaging Association (FPA) (and FPA's members) on eight key elements of EPR policy for packaging and paper products. The document presents positions on certain elements of EPR that both organizations agree on and describes how these elements would best be implemented in state EPR legislation.

The plan would offer eco-modulated discounts for packaging and printed paper that meet environmental design criteria, such as recyclability and recycled content.

The Recycling Partnership (TRP) Accelerating Recycling

The Recycling Partnership, through the work of the Circular Economy Accelerator, released a policy position on recycling system financing. "Accelerating Recycling: Policy to Unlock Supply for the Circular Economy" proposes a dual policy approach. The approach includes a Packaging and Printed Paper Fee paid by private-sector brands to support residential recycling infrastructure and education, and a Disposal Surcharge on waste generators to help defray recycling operational costs for communities. The position recommends the establishment of a Packaging and Printed Paper Stewardship Organization (PSO). The PSO would work to address infrastructure and education improvements, but would not operate local recycling programs nor fund the operational expenditures of those programs.

This position does not explicitly reference EPR, but proposes an alternative system of financing that includes elements of EPR.

Sustainable Food Policy Alliance: Packaging and Recycling Policy Priorities

The Sustainable Food Policy Alliance (SPFA) released a position on "Packaging and Recycling Policy Priorities" in 2020. The position indicates three aspects of policy solutions that SFPA members support. These are 1) Improve access to recycling, 2) Transform waste management to a circular system, and 3) Establish consistent standards and enhance measurement. The position indicates areas of focus for state and local governments, supports the establishment of a public-private partnership, and emphasizes the importance of consistent standards for accepted materials. This position does not explicitly reference EPR, but indicates support for policy that includes similar elements.

AMERIPEN Financing Principles and Objectives for Advancing Packaging Recycling in the U.S.

In 2020, the American Institute for Packaging and the Environment (AMERIPEN) released a policy position on Advancing Packaging Recycling. The document outlines key principles identified by the organization for financing the framework for packaging recovery. These principles are Reliable, Efficient & Effective, and Equitable & Fair. The position also includes seven objectives to address the gaps in current packaging recovery efforts. AMERIPEN recommends a portfolio approach that incorporates a systems perspective, utilizes complementary funding and policy, and maximizes the strengths of various stakeholders. This position does not explicitly reference EPR, but proposes principles and objectives necessary for successful recycling system financing. 

Consumer Brands Association (CBA) Position on the Optimal Recycling System

"Achieving America's Recycling Future: CBA Position on the Optimal Recycling System" is a three-element national solution to improve recycling. The plan recommends establishing a standardized foundation, financing a lasting system, and strengthening end markets to meet demand. The financing section includes policy aspects that they may support. CBA is open to a variety of dedicated funding options provided funding goes exclusively to clearly defined, long-term solution that includes standardization.The position specifies that funding must be exclusively dedicated to consumer education, improving the recycling system, and enhancing recycling infrastructure. The policy recommendations include some similarities to elements of EPR, as well as additional policy levers.

Recent EPR Proposals