by Rachel Lincoln Sarnoff, Marketing and Communications Director
2023 legislative sessions are now underway and many extended producer responsibility (EPR) bills were first out of the gate! There is an unprecedented momentum for these bills. Both Connecticut Governor Ned Lamont and New York Governor Kathy Hochul have indicated their backing, representing an unprecedented level of support for the passage of packaging EPR legislation in these states.
During legislative session, we monitor activity on bills requiring new EPR programs or amending existing EPR laws in the United States; this information is shared with our Members and Partners through emailed Legislative Updates and is also available to them in our Legislation Library. At press time, these are the bills that had been introduced:
- Battery EPR in New York and Washington; on January 17th, the District of Columbia enacted their Batteries and Electronics amendment. Our model EPR legislation informed the first EPR law for all single-use household batteries, enacted in Vermont, as well as battery bills introduced in states across the country from 2015 to 2020, and, in 2021, the first battery EPR law for single-use and rechargeable batteries, as well as battery-containing products, which was enacted in Washington, D.C. Learn more about our perspective on battery EPR by clicking here.
- Household hazardous waste (HHW) EPR in Vermont. Although no HHW EPR program currently exists in the United States, they have operated successfully in Canada since the 1990s: In Manitoba, collection volumes increased four-fold in the first five years of program implementation. PSI’s research fueled the introduction of HHW EPR bills in both Oregon and Vermont. Learn more about our perspective on HHW EPR by clicking here.
- Packaging EPR in Maryland, New York, Washington, and New Jersey (originally introduced in 2022 and still active). In 2016, we developed our model packaging EPR legislation, then updated it in 2019 with input from industry and government. Maine and Oregon used our model to enact packaging EPR laws in 2021, Colorado followed suit in 2022 and, that same year, California also enacted legislation that was informed by our model. Learn more about our perspective on packaging EPR by clicking here.
- Paint EPR in Missouri, which, if passed, would be the state’s first EPR law. Beginning in 2003, PSI convened and facilitated a multi-stakeholder dialogue that included participation and support from the paint industry, state and local governments, the U.S. Environmental Protection Agency (EPA), and recycled paint manufacturers to develop a consensus model for paint EPR legislation. In 2009, Oregon used our model to enact the country’s first paint EPR law; since then, we have helped pass paint EPR legislation built on the same model. Today, there are paint EPR laws in 10 states and the District of Columbia. Learn more about our perspective on paint EPR by clicking here.
- Mercury-containing lighting EPR in Washington. In 2007, PSI initiated a dialogue on fluorescent lighting that resulted in a national action plan on lamp recycling and contributed to the enactment of EPR laws in five states; we also partnered with rural governments in 13 other states to boost collection of lamps and other mercury-containing products. Learn more about our perspective on lighting EPR by clicking here.
- Pharmaceuticals law EPR amendment in Oregon. In 2010, PSI led a national coalition to pass the Secure and Responsible Drug Disposal Act and change related regulations that made it possible for retail pharmacies to host drug take-back programs for unwanted medicines, including controlled substances. That year, we developed model pharmaceuticals EPR legislation with our national coalition; by 2012, PSI Member Alameda County had used our model to establish the first pharmaceuticals EPR ordinance in the country, which was upheld by the courts despite industry appeals. Since then, our work has helped pass pharmaceuticals EPR laws in eight states and 23 local jurisdictions. Learn more about our perspective on pharmaceuticals EPR by clicking here.
- Refrigerant-containing appliances EPR in Washington. In 2014, PSI provided research and policy analysis to New York City, which passed the first-ever law to safely manage refrigerant-containing appliances; since its passage, manufacturers collected more than 90,000 products and saved the city more than $1.3 million. PSI also helped defend New York City’s law against a legal challenge from the Association of Home Appliance Manufacturers, and we contributed to the hydrofluorocarbons emissions reduction law enacted by Washington State in 2021. Learn more about our perspective on refrigerant-containing appliance EPR by clicking here.
- Solar panel EPR in Minnesota. Washington state passed the first state solar panels EPR law in 2017. In 2021, PSI helped develop the solar panels EPR law enacted by Niagara County, New York – the first such local law in the country. Learn more about our perspective on solar panel EPR by clicking here.
We also expect to see introductions of additional battery, carpet, electronics, mattress, packaging, paint, and pharmaceuticals EPR bills and amendments in additional states. We appreciate the leadership of legislators and stakeholders who are leading the charge, and look forward to celebrating with our community when these bills become law.
While a light bulb may seem like a trivial item, it has incited momentous debate. To energy efficiency advocates, the light bulb symbolizes the opportunity to upgrade an Edison-era technology, save money, and reduce greenhouse gases and other environmental impacts. In the Tea Party’s eyes, the light bulb is a prime example of an overly pervasive government dictating what items we can install in our private homes. To me, many actors – Republicans and Democrats, environmental groups and anti-government cheerleaders – have turned the lights out on the public, muddling and oversimplifying a complex issue.
In 2007, President George W. Bush, signed into law the Energy Independence and Security Act, which requires light bulb manufacturers to improve household bulb efficiency by 30 percent and phase-out 100- and 40-watt bulbs between 2012 to 2014. The law exempts “specialty bulbs” like those for chandeliers, and does not mandate using any particular type of energy-efficient bulb.
Not only was the federal bill signed into law by a staunch Republican, but it also had overwhelming bipartisan support. The House passed the bill 314-100 following its 86-8 passage in the Senate. Lighting manufacturers and retailers also heavily favored passage of the bill. “We support the notion that efficiency is a desirable thing, and this type of standard has been a part of our body politic for a long time,” said Randall Moorhead, vice president of government affairs at Philips, earlier this year.
The Energy Independence and Security Act was also touted as a way to lower our foreign oil dependency. Although many of us have warmed to the glow of incandescent bulbs, the U.S. EPA notes that 90 percent of an incandescent bulb’s required energy is wasted as heat, meaning increased use of scarce and highly polluting natural resources such as oil and coal. The Natural Resources Defense Council also predicted annual savings of $13 billion in energy costs and a yearly reduction of 100 million tons of carbon dioxide emissions.
Before the bill was introduced, technology gurus were at work developing energy-efficient alternatives. According to the U.S. Environmental Protection Agency, one such alternative – compact fluorescent lamps (CFLs) – use 75 percent less energy and last 10 times longer than traditional incandescents. The U.S. Department of Energy asserts that, over its lifetime, a 25-watt CFL actually costs a consumer $105 less than a 100-watt incandescent, factoring in the cost of the bulb and energy usage.
Manufacturers began rolling out CFLs in bundles, large retailers marketed energy-efficient bulbs to the masses with huge discounts, and 
Does the Tea Party have something to howl about? Yes it does. But they are howling at the wrong moon, missing a golden opportunity to help the public by meaningfully addressing the real issues. To this day, lighting manufacturers are fighting legislation that would require them to create recycling programs for their product. They want taxpayers, not consumers, to cover the cost.
What does this all mean? The adoption of the Energy Independence and Security Act has certainly created chaos. Proper planning for the law’s implementation was bungled by government, manufacturers, retailers, and environmental groups. Was it well intended? Absolutely. Should we roll back the clock? No. The potential for energy savings, pollution reduction, and cost savings for consumers in the long-run are too great to sacrifice for Tea Party enthusiasts who want to shrink government into nonexistence.
What do we do now? One solution is to make sure that manufacturers of these mercury products take responsibility for recycling burned out bulbs. Also, retailers promoting the sale of the bulbs must be part of the solution, collecting bulbs voluntarily and/or alerting consumers that the bulbs must be recycled and directing consumers to convenient drop-off locations. We must also learn from this mistake on a larger scale. Manufacturers of products should account for the product’s full lifecycle impact and factor the ultimate fate of a product’s materials into a plan for recycling or proper disposal.
Government officials, environmental groups, and PSI have all succeeded in Maine, Washington, and Vermont in mandating that fluorescent lamp manufacturers pay for recycling spent mercury lamps. We hoped that this industry would recognize the need for leadership without our persuasion. But all involved parties must now roll up their sleeves and find joint solutions to past mistakes. One thing we don’t need, however, is the drone of anti-government accusations taking the spotlight off more significant issues.