New York Assembly Bill 10185 (2022)

Establishes an extended producer responsibility program for packaging which creates provisions related to improved recycling practices; establishes the packaging responsibility fund. 

A breakdown by element is forthcoming. 


Every producer shall ensure that non-reusable packaging is either: recycled at a rate consistent with the following schedule: 
1. Fifty percent five years after implementation of the producer plan
2. Eighty percent eight years after plan implementation
3. Ninety percent twelve years after plan implementation

Or incorporates, on average and in the aggregate, the following amount by weight of post-consumer recycled material:
1. Fifty percent five years after plan implementation
2. Eighty percent five years after plan implementation
3. Ninety percent twelve years after plan implementation

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

New York State Assembly Bill 5801 (2021)

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.

New York State Assembly Bill 5801 (2022)

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 New York state legislative session is two years long. This bill remained active throughout 2021 and was re-referred to the Environmental Conservation Committee at the start of 2022.

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

New Jersey Assembly Bill 1444 (2022)

Requires producers of packaging products sold in New Jersey to adopt and implement packaging product stewardship plans.

The PRO must meet the performance goal of all single-use packaging products to be composed of at least 75 percent post-consumer content by January 1, 2027.

Fees in the program shall consider whether the percentage of post-consumer recycled content exceeds minimum post-consumer recycled content rates and that the content does not disrupt the potential for future recycling. 

New York Assembly Bill 3008 (2023)

Enacts into law major components of legislation necessary to implement the state transportation, economic development and environmental conservation budget for the 2023-2024 state fiscal year and  establishes the waste reduction and recycling infrastructure act requiring packaging and paper product producers to reduce waste by using postconsumer recycled content and to achieve source reduction goals; creates the waste reduction, reuse, and recycling fund. 

Within five years of the effective date of this title, a producer of packaging products shall meet the following minimum post-consumer recycled content rates: 

1. All glass packaging shall contain, on average, at least thirty-five percent post- consumer recycled content. Every three years thereafter, the amount of post-consumer recycled content shall increase by five percent, until reaching fifty percent.
2. All metal packaging shall contain, on average, at least fifty percent post-consumer recycled content. Every three years thereafter, the amount of post-consumer recycled content shall increase by ten percent, until reaching ninety percent.
3. All rigid plastic packaging shall contain, on average, at least twenty percent post-consumer recycled content. Every three years thereafter, the amount of post-consumer recycled content shall increase by ten percent, until reaching fifty percent.
4. All non-rigid plastic packaging shall contain, on average, at least ten percent post-consumer recycled content. Every three years thereafter, the amount of post-consumer recycled content shall increase by five percent, until reaching forty percent.
5. All corrugated cardboard packaging shall contain, on average, at least fifty percent post-consumer recycled content. Every three years thereafter, the amount of post-consumer recycled content shall increase by five percent, until reaching seventy-five percent.
6. All paper packaging, other than corrugated cardboard packaging, shall contain, on average, at least thirty percent post-consumer recycled content. Every three years thereafter, the amount of post-consumer recycled content shall increase by ten percent, until reaching seventy percent.
7. Within five years of the effective date of this title, paper products sold or offered for sale in the state by a producer shall contain, on average, at least thirty percent post-consumer recycled content. Every three years thereafter, the amount of post-consumer recycled content shall increase by ten percent, until reaching seventy percent.

Any food-grade packaging or paper products are exempt from the post-consumer recycled content requirements of this section for a period of at least ten years from the effective date of this title.

A producer or producer responsibility organization may submit a request to the department for a waiver from the post-consumer recycled content requirements. "

California State Assembly Bill 842 (2021)

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.

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.

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.

Chapter 465 Maryland Senate Bill 222 (2023)

This bill was amended to remove the EPR language. 

AN ACT concerning Statewide Recycling Needs Assessment and Producer Responsibility for Packaging Materials. The Purpose of altering the definition of “organics recycling” to include the processing of certain compostable packaging materials in a certain manner; requiring the Department of the Environment to approve a certain producer responsibility organization for certain purposes on or before a certain date; establishing a producer responsibility advisory council to provide advice and make recommendations regarding establishing and implementing a producer responsibility program in the State for packaging materials and to report to certain committees of the General Assembly on or before a certain date; requiring the Office of Recycling in the Department to hire an independent contractor to conduct a certain statewide recycling needs assessment in a certain manner and to submit a certain report to the Governor and the General Assembly on or before a certain date; and generally relating to a statewide recycling needs assessment and producer responsibility for packaging materials.

The fees must incentivize high level of PCR materials that do not disrupt the recycling of other materials. 

Colorado House Bill 22-1355 (2022)

On or before June 1, 2023, the executive director (executive director) of the Colorado department of public health and environment (department) must designate a nonprofit organization (organization) to implement and manage a statewide program (program) that provides recycling services to covered entities in the state, which are defined as residences, businesses, schools, government buildings, and public places. The program is funded by annual dues (producer responsibility dues) paid by producers of products that use covered materials (producers). Covered materials are defined as packaging materials and paper products that are sold, offered for sale, or distributed in the state.

The bill creates the producer responsibility program for statewide recycling advisory board (advisory board) that consists of members who have expertise in recycling programs and are knowledgeable about recycling services in the different geographic regions of the state.

Colorado House Bill 22-1355 Rerevised (2022)

On or before June 1, 2023, the executive director (executive director) of the Colorado department of public health and environment (department) must designate a nonprofit organization (organization) to implement and manage a statewide program (program) that provides recycling services to covered entities in the state, which are defined as residences, businesses, schools, government buildings, and public places. The program is funded by annual dues (producer responsibility dues) paid by producers of products that use covered materials (producers). Covered materials are defined as packaging materials and paper products that are sold or distributed in the state. The bill creates the producer responsibility program for statewide recycling advisory board (advisory board) that consists of members who have expertise in recycling programs and are knowledgeable about recycling services in the different geographic regions of the state. 

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.

Enrolled Illinois Senate Bill 1555 (2023)

This Act may be cited as the Statewide Recycling Needs Assessment Act.

The bill was amended to remove the EPR language.

FY 2023 New York State Executive Budget (2022)

The State’s budget process is governed primarily by Article VII of the New York State Constitution. Article VII requires the Governor to submit a budget detailing a plan of expenditures and an estimate of revenues for the upcoming fiscal year, bills containing all proposed appropriations and reappropriations, and other legislation needed to implement the Executive Budget.

Included in this budget is an Extended Producer Responsibility Act. 

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

Vermont House Bill 142 (2021)

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.

Higher fees for packaging materials with low recycled content and a discounted fee for packaging materials with high recycled content determined by the department. 

Maryland House Bill 0307 (2022)

Maryland House Bill 0307 was introduced at the beginning of the 2022 Regular Session. The bill proposes a statewide recycling needs assessment to be conducted by the Department of the Environment every 10 years and for producers of certain packaging materials to individually, or as part of a producer responsibility organization, to submit a producer responsibility plan to the Department of the Environment. The bill also prohibits a producer of certain packaging materials from selling or distributing the packaging materials unless the producer has an approved producer responsibility plan. This bill was cross-filed with Maryland Senate Bill 0292.



A producer may reduce or terminate its obligations under the EPR by increasing the amount of recyclable content in its packaging material.

Kentucky House Bill 108 (2022)

Kentucky House Bill 108 was introduced at the beginning of the 2022 Regular Session. The bill proposes to implement a program that internalizes the cost of packaging wastes to the producer of the waste called the Kentucky Packaging Stewardship Program. The bill also details waste reduction targets, minimum recycled content standards, an EPR advisory group, environmental education, and a waste characterization study by the Kentucky Energy and Environment cabinet.



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 (2021)

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       |

Tiered post-consumer recycled content mandates are included. Different covered products are on different timelines and percentage PCRC requirements. 

Beginning January 1, 2024, producers of beverages must meet minimum PCRC requirements (Beginning January 1, 2028, producers of wine in 187 milliliter plastic beverage containers and dairy milk in plastic beverage containers must meet PCRC requirements).  

Beginning January 1, 2025, producers of household cleaning products or personal care products in plastic household cleaning product containers or plastic personal care product containers must meet minimum PCRC requirements. Beginning January 1, 2025, producers of Washington cannabis, cannabis concentrates, useable cannabis, and cannabis-infused products contained in or packaged in plastic containers or packaging must meet minimum PCRC requirements. 

Beginning January 1, 2026, producers of plastic tubs used for food products must meet minimum PCRC requirements. 

 Beginning January 1, 2029, producers of single-use plastic cups must meet minimum PCRC requirements. 

Beginning January 1, 2031, producers of thermoform plastic containers, except those containing durable goods, must meet minimum PCRC requirements. Beginning January 1, 2036, producers of durable goods in thermoform plastic containers must meet minimum PCRC requirements. 

The fees for covered products will encourage the use of postconsumer recycled content. 

Washington House Bill 1131 (2023)

Improving Washington's solid waste management outcomes. Also known as the WRAP Act. 
Companion Bill: SB 5154

The bill specifies minimum recycled content targets for plastic beverage containers. Recycled content minimums for other covered products will be determined by the state. The bill authorizes the state to adopt rules to implement, administer, and enforce minimum post-consumer recycled content of covered products, and to adjust minimum post-consumer recycled content.

The bill suggests eco-modulated fees to encourage the use of recycled content.

Hawaii State House Bill 1316 (2021)

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.

The bill specifies recycled content targets for plastic beverage containers connected to dates:

1. From January 1, 2025, through December 31, 2029: No less than 25% post-consumer recycled plastic by weight.
2. On and after January 1, 2030: No less than 50% post-consumer recycled plastic by weight.

The annual minimum post-consumer recycled content for all other covered products will be determined by the state. This will apply to other rigid plastic, flexible plastic, paper packaging, other paper products, aluminum, steel, and glass.

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 (2021)

Hawaii House Bill 1326 (2023)

Establishes the Hawai'i zero waste initiative program to, among other things, manage the State's transition to reduce and reuse solid waste. Establishes the packaging waste advisory council. Requires the department of health to develop an assessment of statewide needs to determine the resources required to reduce packaging waste by seventy percent from the baseline amount. Establishes a packaging waste reduction and reuse program. Appropriates funds.

New Hampshire House Bill 1630

A bill relative to extended producer responsibility.

Fee calculation may be structured to encourage the use of post-consumer recycled material in packaging material provided that such use does not increase the toxicity of packaging material.

Hawaii House Bill 1684 (2022)

Hawaii House Bill 1684 was introduced at the beginning of the 2022 Regular Session. The bill proposes the establishment of a packaging stewardship program within the department of health to reduce the amount of packaging material that becomes solid waste.



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.

Pennsylvania House Bill 1873 (2022)

Pennsylvania House Bill 1873 was introduced midway through the Regular Session of 2021 (a 2-year session that started in January 2021). The proposed bill introduces a statewide Extended Producer Responsibility program for packaging and paper products. Under this program, producers are required to submit and implement a producer responsibility plan, either individually or a group may jointly submit a plan.   

A breakdown by element is forthcoming.             

The fee system must use eco-modulation factors to incentivize the use of recycled content. 

Washington House Bill 2003 (2022)

Washington House Bill 2003 was introduced at the beginning of the 2022 Regular Session. The proposed legislation establishes an Extended Producer Responsibility program and sets forth guidelines for a statewide EPR program that covers packaging and paper products (PPP).  his bill also includes requirements around Post-Consumer Recycled Material and claims about recyclability. The bill is also referred to as the RENEW ACT. There is a companion bill, Senate Bill 5697. 


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 (2021)

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.

Hawaii House Bill 2399 (2022)

Hawaii House Bill 2399 was introduced in the beginning of the 2022 Regular Session. The bill establishes an extended producer responsibility program. Requires certain producers of fast-moving consumer goods to register with the Department of Health and pay an annual fee based on the amount of packaging volume the covered producer places on the market each calendar year.



Hawaii House Bill 2399 HD1 (2022)

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 (2021)

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       |

Fees must incentivize the use and rate of postconsumer waste material.

North Carolina House Bill 279 (2023)

An act to establish extended producer responsibility for certain producers of products using packaging materials and to ben the manufacture and distribution of packaging materials containing certain toxic substances in order to protect public health. 


Each producer shall ensure that all of its non-reusable packaging material sold, offered for sale, or distributed incorporates, on average and in the aggregate, the following amount, by weight, of postconsumer waste material in accordance with the following schedule: 
1. Fifty percent (50%) after five years following approval of the stewardship plan.
2. Eighty percent (80%) after eight years following approval of the stewardship plan.
3. Ninety percent (90%) after 12 years following approval of the stewardship plan.

Higher fees for packaging materials with low recycled content and a discounted fee for packaging materials with high recycled content determined by the department.

Maryland House Bill 284 (2023)

Requiring the Department of the Environment to conduct a statewide recycling needs assessment every 10 years; requiring, by April 1, 2026, producers of certain packaging materials to individually or as part of a producer responsibility organization submit a producer responsibility plan to the Department for approval; prohibiting, on or after a certain date, a producer of certain packaging materials from selling or distributing the packaging materials unless the producer has an approved producer responsibility plan; etc.

Dues shall be adjusted to incentivize incorporating postconsumer recycled content. 

Illinois House Bill 2874 (2023)

Creates the Packaging and Paper Products Stewardship Act. Provides that a producer responsibility organization shall be established to carry out the Act's provisions. Tasks the Environmental Protection Agency with providing administrative support under the Act. Establishes the Packaging and Paper Product Producer Responsibility Advisory Council to provide advice and recommendations in the drafting, amendment, or approval of program plans and to oversee and provide recommendations for the implementation of program plans. Requires producers, in consultation with the Advisory Committee, to adopt and publish a list of minimum types of readily recyclable materials based on available collection and processing infrastructure and recycling markets for covered materials. Tasks the Prairie Research Institute with conducting a study and preparing a statewide needs assessment to assess recycling and covered materials management needs in the State. Provides that, no later than January 1, 2026, producers shall submit a producer responsibility program plan for the Agency's approval. Requires producers to establish waste prevention and reuse programs and composting infrastructure and education programs. Permits the development and operation of an alternative collection program to collect and manage a type or types of covered materials sold, offered for sale, distributed, or served to consumers in the State that are not on the minimum recyclable materials list. Requires producers to submit annual reports to the Agency. Allows postconsumer recycled content requirements in specific products to be waived by the Agency if specified requirements are met. Contains provisions concerning a plastics recycling technologies study, outreach and education, penalties for violations, severability, and other provisions. Effective immediately.


Each producer shall achieve a postconsumer recycled content requirement of 15% by 2028, 25% by 2031, and 50% by 2034 in the rigid plastics it produces. Waivers for exemption will be considered. 

Maryland House Bill 36 (2021)

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.

Illinois House Bill 4258 (2022)

Illinois House Bill 4258 was introduced at the beginning of the 2022 Regular Session. This bill proposes the Environmental Protection Agency selects and enters into a contract with a packaging stewardship organization to operate a statewide packaging stewardship program. The bill also prohibits a producer of certain packaging materials from selling or distributing the packaging materials unless the producer has an approved packaging stewardship program. The bill also proposes the stewardship organization shall annually disburse to participating municipalities from a packaging stewardship fund reimbursement payments for managing readily recyclable packaging and reimbursement payments for non-readily recyclable packaging.


Massachusetts House Bill 4263

An Act to save recycling costs in the Commonwealth. 

Breakdown by element forthcoming.

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 Bill 4851 (2022)

Massachusetts House Docket 1553 was introduced at the beginning of the 2021 Regular Session. Once the bill moved into committee it changed to House Bill 878. Then, the bill was amended and was reported favorable and sent to the ways and means committee. 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.


Rhode Island House Bill 5091 (2023)

AN ACT RELATING TO HEALTH AND SAFETY -- EXTENDED PRODUCER RESPONSIBILITY FOR PACKAGING (Reduces equitable relationships between packaging producers and local governments and communities by establishing the Package Reduction and Recycling Program.) 

The dues will be lower for producers who use covered materials that contain higher amounts of recycled content. 

Tennessee House Bill 550 (2023)

Also known as the Tennessee Waste Reduction and Recycling Act. It is the intent of the general assembly that this part affect the development and implementation of a comprehensive approach to addressing packaging waste in this state, to include:  (1)  Recovering valuable materials that would otherwise be lost to landfills, litter, and incineration while developing markets for these materials and supporting a circular economy in this state;  (2)  Providing financial stability to local recycling systems and enabling the investment in recycling infrastructure and jobs; and  (3)  Engaging producers of packaging in the innovative reduction and reuse of packaging materials. Companion bill to SB573. 

Virginia House Bill 647 (2022)

Virginia House Bill 647 was introduced at the beginning of the 2022 Regular Session. The bill proposes a statewide packaging stewardship program and fund and establishes a stewardship advisory committee. The bill details that the Department of Environmental Quality will administer the Packaging Stewardship Program for the state and a producer that sells products with packaging materials in the Commonwealth pays a fee to the Department based upon the amount of packaging used and whether or not it is easily recyclable. Producers may establish alternative collection programs to offset fees and the Stewardship Packaging Fund will be used to reimburse participating municipalities for recycling-related expenses like processing, infrastructure investments, education, and administrative costs. The Department can use a third party like a PRO to administer the program. 


The bill includes recycled content minimums. On and after July 1, 2025, any plastic beverage container offered for sale or distributed in this state shall contain not less than fifteen per cent post-consumer recycled content, not less than twenty-five percent by 2028, and not less than fifty percent by 2033. Beginning July 1, 2026, and annually thereafter, each producer shall provide third‐party certification of the minimum post-consumer recycled content of all plastic beverage containers offered for sale in the state, in writing, to the commissioner.

Fees must incentivize the use of post-consumer recycled content in covered materials. 

Connecticut House Bill 6664 (2023)

AN ACT MANAGING WASTE AND CREATING A WASTE AUTHORITY.
To implement the Governor's budget recommendations.

Rhode Island House Bill 7023

Virginia House Bill 709 (2022)

Virginia House Bill 709 was introduced at the beginning of the 2022 Regular Session. The bill proposes a packaging stewardship program and fund that is administered by the Department of Environmental Quality. The program details producers must pay a fee to the Department based upon the amount of packaging used and whether or not it is easily recyclable. Producers may establish alternative collection programs to offset fees and the fees go into the Packaging Stewardship Fund. The fund is used to reimburse participating municipalities for recycling-related expenses, including infrastructure development, education, and administrative costs. A third party can be used to administer the program on behalf of the Department. 



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

Rhode Island House Bill 7279 (2022)

Rhode Island House Bill 7279 was introduced in early 2022. The bill is related to health and safety and creates a producer responsibility program requiring producers to make necessary changes to product design(s) to reduce packaging consumption and waste and assess fees based on the packaging. 



Each producer must ensure that all non-reusable packaging, across its entire brand, either is recycled at a rate consistent with the following schedule: 
1. Fifty percent (50%), five (5) years after the selection of the producer responsibility organization
2.  Eighty percent (80%), eight (8) years after the selection of the producer responsibility organization 
Ninety percent (90%), twelve (12) years after the selection of the producer responsibility organization by the department 

Or incorporates, on average and in the aggregate, the following amount by weight of post- consumer recycled material: 
1. Fifty percent (50%), five (5) years after the selection of the producer responsibility organization. 
2. Eighty percent (80%), eight (8) years after the selection of the producer responsibility organization. 
3. Ninety percent (90%), twelve (12) years after the selection of the producer responsibility organization.

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 Bill 878 (2021)

Massachusetts House Docket 1553 was introduced at the beginning of the 2021 Regular Session. Once the bill moved into committee it changed to House Bill 878. 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.

Virginia House Bill 918 (2022)

Virginia House Bill 918 was introduced in the beginning of the 2022 Regular Session. The bill establishes a Packaging Stewardship Program that is administered by the Department of Environmental Quality. 



Massachusetts House Docket 1439 (H.776) (2023)

An Act to reduce waste and recycling costs in the commonwealth. 



Hawaii House Bill 2399 SDI (2022)

Hawaii House Bill 2399 was introduced in the beginning of the 2022 Regular Session. The bill establishes an extended producer responsibility program. Requires certain producers of fast-moving consumer goods to register with the Department of Health and pay an annual fee based on the amount of packaging volume the covered producer places on the market each calendar year.

Massachusetts House Docket 3565 (H.779) (2023)

An Act to reduce waste and recycling costs in the commonwealth. 


Fees are lower for packaging that increases postconsumer recycled material. 

Minnesota House File 4132 (2022)

This bill is relating to solid waste; establishing product stewardship program for packaging​ materials; establishing labeling requirements; requiring reports; requiring​ rulemaking; proposing coding for new law in Minnesota Statutes, chapter 115A.

A bill breakdown by element is forthcoming.

Each producer must ensure that all nonreusable packaging across its brand incorporates, on average and in the aggregate, the following amount, by weight, of
postconsumer recycled material:
1. 50 percent, five years after the selection of the product stewardship organization
2. 80 percent, five years after the selection of the product stewardship organization
3. 90 percent, 12 years after the selection of the product stewardship organization

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.

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 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 (2021)

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.

Maine Legislative Document 1541 (2021)

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, the exclusion of certain drug and medical products from coverage, and the removal of litter cleanup and abatement from cost coverage.

Maine Legislative Document 1541 A (2021)

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.

Fees must incentivize the use and rate of postconsumer waste material. 

North Carolina House Bill 1113 (2022)

A bill to be entitled an act to establish extended producer responsibility for certain producers of packaging materials and to ban the manufacture and distribution of packaging materials containing certain toxic substances in order to protect public health.


Each producer shall ensure that all of its non-reusable packaging material sold, offered for sale, or distributed incorporates, on average and in the aggregate, the following amount, by weight, of postconsumer waste material in accordance with the following schedule: (1) Fifty percent (50%) after five years following approval of the stewardship plan. (2) Eighty percent (80%) after eight years following approval of the stewardship plan. (3) Ninety percent (90%) after 12 years following approval of the stewardship plan.

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.

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.

New York State Senate Bill 1185 (2021)

New York State Senate Bill 1185 was introduced at the beginning of the 2021 Regular Session. 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).

New York State Senate Bill 1185A (2021)

New York State Senate Bill 1185A 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 bill was amended on January 27th, 2021. This version, S1185A, expands the language in several sections for clarity and specificity. The amendments include the requirement for a detailed description of how stakeholders were consulted and a requirement to invest in recycling and reuse infrastructure.

New York State Senate Bill 1185B (2021)

New York State Senate Bill 1185B 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 bill was first, amended on January 27th, 2021. The bill was further amended on March 10th, 2021. This version, S1185B, requires the establishment of a stakeholder advisory board to review plans prior to submission to the state. The date of implementation was changed from 3 years to 4 years, and a statewide needs assessment must be conducted prior to implementation. The amendments also include a change to the definition of readily-recyclable, additional exclusions, and language requiring the PRO to provide service should a municipality elect not to.

New York State Senate Bill 1185C (2021)

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.

New York State Senate Bill 1185C (2022)

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.

The New York state legislative session is two years long. This bill remained active throughout 2021 and was re-referred to the Environmental Conservation Committee at the start of 2022.

The bill suggests eco-modulated fees to encourage designs intended to increase post-consumer recycled content.

Vermont Senate Bill 236 (2022)

Vermont Senate Bill 236 was introduced at the beginning of the 2022 Regular Session. S236 proposes to require parties responsible for the production or distribution of packaging and paper products to implement or participate in a plan for the collection and recycling of specified packaging, paper products, and single-use food service ware. 


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

New Jersey Senate Bill 3853 (2021)

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.

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). 

Illinois Senate Bill 3953 (2022)

Illinois Senate Bill 3953 was introduced in the beginning of the 2022 Regular Session. The bill creates Creates the Plastic Pollution and Recycling Modernization Act. Provides that producers of specified covered products must register with and be a member of a producer responsibility organization that administers a producer responsibility program.




Maryland Senate Bill 0292 (2022)

Maryland Senate Bill 0292 was introduced at the beginning of the 2022 Regular Session. The bill proposes a statewide recycling needs assessment to be conducted by the Department of the Environment every 10 years and for producers of certain packaging materials to individually, or as part of a producer responsibility organization, to submit a producer responsibility plan to the Department of the Environment. The bill also prohibits a producer of certain packaging materials from selling or distributing the packaging materials unless the producer has an approved producer responsibility plan. This bill was cross-filed with Maryland House Bill 0307.

New York Senate Bill 1064 (2023)

AN  ACT  to  amend  the  environmental  conservation law, in relation to establishing an extended producer responsibility program  for  packaging;  and  to amend the state finance law, in relation to establishing the packaging responsibility fund. The purpose of this bill is to require producers of packaging materials, rather than taxpayers, to be responsible for managing post-consumer packaging material waste.

A producer responsibility organization’s membership fee schedule must consider the post-consumer content of the material. 

Connecticut Senate Bill 115 (2022)

To establish a stewardship program for the collection and recycling of consumer packaging.



Oregon State Senate Bill 14 (2021)

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.

Hawaii State Senate Bill 1419 (2021)

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.

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