October 19, 2026
by Jennifer Schultz, Senior Associate for Policy & Programs, Product Stewardship Institute
State lawmakers introduced more EPR bills in 2026 than in any prior year—more bills, in more states, and across more product categories than ever before. The year also marked a milestone: Maine’s LD 1519, the first vape EPR law in the U.S., became the 150th EPR law enacted nationwide.
By the Numbers
- 204 total EPR bills tracked in 2026, including 152 unique bills after excluding companion bills (identical House and Senate versions).
- Legislative activity spanned 32 states, the District of Columbia, and 21 product categories.
- Of the 152 unique bills, 103 would create new EPR programs and 49 would amend existing programs.
- Nine EPR bills have been enacted so far in 2026:
- New EPR programs (5):
- Colorado SB 003 (EV batteries)*
- Maine LD 474 (batteries)
- Maine LD 1519 (vapes)
- Oregon HB 4144 (batteries)
- Wisconsin AB 713 (batteries)
- Amendments to existing programs (4):
- Colorado HB 1219 (batteries)
- Connecticut SB 147 (paint)
- New York SB 8832 (batteries)
- Vermont HB 915 (beverage containers/household hazardous waste)
- Six states—California, Massachusetts, Michigan, New Jersey, North Carolina, and Pennsylvania—and the District of Columbia remain in session and are still considering EPR legislation.
*Colorado SB 003 amends the state’s existing battery stewardship law, but it also establishes a new EV battery stewardship program.
Key Trends
- Batteries: the hottest category of the year. Batteries drew more bills than any other product category, with new programs enacted in Maine, Oregon, and Wisconsin. Colorado amended its existing program to add EV battery coverage.
- Vapes: an emerging EPR category. Maine enacted the first vape/e-cigarette EPR law in the country. Similar bills were considered in Illinois, New Jersey, and New York, suggesting vapes could be the next product category to gain multi-state momentum.
- Packaging: continued activity, no bills passed. Packaging remained a major focus with 18 states considering 28 unique bills (37 including companion bills), of which 21 were for new programs and 7 amendments. None were enacted.
- Paint programs continue to expand. Connecticut joined California and Vermont in expanding paint EPR programs to include aerosol coatings, while Washington considered similar legislation.
- Beverage containers see renewed action. Vermont enacted legislation that amends the state’s existing beverage container redemption system by requiring producers to join a PRO responsible for collection, redemption, transportation, processing, reimbursement, and consumer convenience standards, while retaining the deposit-refund system.
- Consumer fee models faced pushback. Two bills proposing EPR programs funded through consumer-facing fees were vetoed: New Hampshire’s paint bill and Virginia’s mattress bill.
What It Means
Taken together, the 2026 session reflects both the continued evolution of established EPR programs and growing momentum for new product categories. The volume of legislation—nearly 50 more bills than last year’s record-setting session—demonstrates that EPR has become a regular feature of legislative agendas in an increasing number of states.
Looking ahead, all 50 states will hold a legislative session in 2027, since four states meet only in odd-numbered years. Roughly half of all jurisdictions carried over legislation from 2025 into the second year of a two-year session. In 2027, only New Jersey and Virginia will carry over bills — every other state starts fresh.
Visit PSI’s 2026 Legislative Updates for live bill statuses, summaries, and links to full texts.