Extended Producer Responsibility (EPR) Moving Forward in WA, MD, NY

A number of state legislatures are considering bills with some form of Extended Producer Responsibility (EPR) for packaging of recycled and compostable products, following passage of bills in Maine, Oregon, California and Colorado since 2021.

Extended Producer Responsibility for packaging requires contribution by packaging producers towards funding of municipal recycling programs, or in some cases, allowing "takeback" programs for product manufacturers/distributors. The US Composting Council, with allies, has been working to ensure that funds not only go to conventional recycling (paper, aluminum, glass, plastic and steel) but to composting and organics recycling as well. See legislative guidelines developed in 2022 here.

So far this year, USCC has commented on bills introduced in Washington and Maryland (see Maryland comments and Washington comments), and is tracking numerous other states. The Washington bill did not make it out of its house of origin and will have to be reintroduced in 2024.

WA HB1131 SB5154

NC HB179

HI HB1326 SB649

NH HB253

IL HB2874 SB555

RI S0200 H5091

MD HB284 SB222

NY S04246

In alignment with the guiding principles, USCC is supporting legislation that includes fees for compostable packaging that are collected to support compost infrastructure, costs of addressing contamination, a seat for the compost industry on advisory councils, inclusion of organics recycling and composting in the study that assesses the cost and need for financial support.

Colorado''s bill passed in 2022 with these elements, and the advisory group has begun to meet. Clinton Sander, marketing manager for A1 Organics, is on the CO Advisory Group.