Nearly halfway through the year, efforts to pass extended producer responsibility for packaging laws have not come to fruition in key U.S. states.
After four states — California, Colorado, Maine and Oregon — passed various EPR laws for packaging prior to this year, none have taken the step yet in 2023. Here are the latest updates from the past month:
- New York: State legislators wrapped their formal session over the weekend without taking action on a bill that had broad support from environmental groups and certain local governments, but which was opposed by packaging companies and industry trade groups. Gov. Kathy Hochul previously sought to pass an EPR for packaging policy through the state budget, but that was unsuccessful.
- Connecticut: Last week, on the final day of the state’s legislative session, lawmakers passed a broad waste and recycling bill that was stripped of any EPR details. Gov. Ned Lamont and the Department of Energy & Environmental Protection supported the concept. Legislators initially considered a provision that would direct the state to reassess plans once four other states (including one neighboring state) had passed similar laws, but that was cut from the final bill.
- Illinois: Lawmakers sent an EPR for packaging study bill to the governor, amended from an earlier proposal to establish a full program. If signed by Gov. J.B. Pritzker, the bill would lead to the creation of a Statewide Recycling Needs Assessment Advisory Council by 2024 that includes representation from the packaging industry.
- Maryland: Gov. Wes Moore recently signed a bill that similarly evolved to study the concept of EPR rather than enact a program, though it does call for the creation of a producer responsibility organization. The law also calls for a statewide needs assessment and the creation of an advisory council, which will include representation from producers and “material-oriented trade groups.”
Hawai’i and Washington also are two other examples of states, among others, that saw concerted but unsuccessful pushes for packaging EPR bills this year. The concept also remains in play in Massachusetts, which has a two-year legislative session, but movement is not expected in the near term. It can often take years to build consensus around such complex bills, and supporters anticipate they could see further movement in states such as Minnesota in 2024.
Follow Packaging Dive’s state policy tracker to keep up with notable packaging and recycling laws that do get signed in the months ahead.
