Extended Producer Responsibility bills in the recycling industry have been a hot topic, as expected, with at least eight states having introduced bills.
The Legislative and Environmental Affairs Committee in November formed a Extended Producer Responsibility (EPR) TASK FORCE to strategize how to approach legislators introducing these bills as a means to:
a) Include the compost industry in the bills (in most cases in 2021, composting had not been included in the resulting funding that is generated from fees placed on packaging/containers, see the article at the link below)
b) Ensure that a fair share of the funding is directed to compost infrastructure and contamination mitigation
c) Request a “seat at the table” on advisory committees overseeing the Producer Responsibility Organizations that would control the setting and distribution of fees.
Members of the Task Force in December contacted all the legislators who introduced bills in 2021 that did not move forward, and met with Del. Brooke Lierman (Maryland) and staff of Rep. Amy Paulin (New York) and organizers working with Rep. Lisa Cutter on a bill in Colorado, prior to the introduction of their bills. The Task Force has also been working to align USCC with the Biodegradable Products Institute (BPI) on a set of guiding principles about composting in EPR that is expected to be a useful tool for legislators and their staff. The Guiding Principles are before the USCC and BPI boards for consideration, and state the three objectives above, among others. “The compost manufacturing industry must participate in the circular economy, and to move forward food scrap composting, our interests and those of certified compostable products are joined,” said Frank Franciosi, Executive Director.
Maryland
Delegate Lierman’s introduced bill, HB307, includes many of the composting objectives the Task Force requested. See the USCC/BPI’s letter of support here. A companion Maryland Senate Bill, SB292, has been introduced by Sen. Malcolm Augustine and will be heard on February 17 in committee.
States
New York
Produce Bag Labeling Bill (HB8428): USCC is supporting a bill by Rep. Amy Paulin requiring green tinting of compostable produce bags. See letter here.
Maryland
HB184-On-Farm Composting: Increases the exemption of square footage for on-farm composting from 500 to 4,000 square feet.
HB150: This bill, introduced by Del. Lorig Charkoudian, sponsor of 2021’s successful, organics diversion bill, creates a $500,000 fund for county boards of education and public schools to develop and implement programs for reducing food waste and to establish composting of pre- and post-consumer waste.
Vermont
H501: Vermont has introduced a “placeholder bill” for possible regulation of microplastics in compost. It requests setting of standards for allowable levels of residual contaminants in digestate and any material applied on land.
Washington
HB1799: Sen. Mona Das has introduced a comprehensive organics management bill. Among its provisions. See USCC support here.
· 75% food waste reduction from disposal by 2030 (20% designated to come from recovery)
· By 2027 requires municipalities to provide organics collection to residents/businesses that generate more than .5CY organics. That is waived if they generate less than 5,000 T SW /year or have a population less than 25000/or less than 75 people/sq mi. composting, A/D, vermiculture, black soldier fly etc. (expanded from only composting/A/D)
· Municipal solid waste plans, after July 1 2022, must identify areas for organics management and capacity needed.
· Beginning by 1/1/2024 business 8CY or more must divert through reduction, reuse or other methods; that ramps up in 2025 and 2026; reduction and reuse counts; specifies that landscape waste must be addressed as well.
· Updates donation law to encourage food rescue and more realistic date labelling
· Designates sustainable farms grants that include funds for entities enrolled for credits for carbon storage projects, and includes compost spreading equipment grants.
· Establishes a 3-year compost reimbursement pilot program for farming operations for purchasing compost products generated outside the farming operation
· State level planning for land use for siting of organic materials management facilities in identified areas
· State Compost procurement ordinance by January 1, 2023 by each local government
· Changes Washingtons color-based compostable product labelling law from encouraging, to requiring
· Enforcement changed to complaints by cities/counties
· Forbids sales of material with produce stickers
HB1686-USCC is opposing this bill which would “allow the labeling of biodegradable products that are supported by recognized national or international test methods.” This bill, by providing a loophole to claim biodegradability, would cause more consumer confusion about compostable products and would essentially reverse the accomplishments of Washingtons landmark 2019 labelling bill. See USCC’s letter here.