by Will Grassle, Junior Associate, Policy & Programs
In the last two years, packaging Extended Producer Responsibility (EPR) legislation was enacted in four states. So how do they compare? In this summary comparison, we look at similarities and differences in the laws, which will impact new legislation that we expect to be introduced in a significant number of states in the coming year. This is second in a multi-part blog series, which analyzes the four packaging EPR laws.
We used PSI’s Elements of Effective EPR Legislation to compare the laws in Maine, Oregon, Colorado, and California. Our elements use the following criteria:
- covered materials/products
- covered entities
- collection and convenience
- responsible party (i.e. “producer”)
- governance, funding inputs
- funding allocation
- design for environment
- performance standards
- outreach and education requirements
- equity and environmental justice
- implementation timeline
- key definitions
- additional components
For brevity, our analysis of these four laws did not include the following elements: enforcement and penalties for violation, stewardship plan contents, and annual report contents.
This blog is part two in our multi-part series. It focuses on covered entities, and collection and convenience standards in each state. For analysis of covered materials and products, please read part one.
MAINE: WHAT ENTITIES ARE COVERED? WHAT IS THE MINIMUM LEVEL OF COLLECTION CONVENIENCE THAT A STEWARDSHIP PLAN MUST PROVIDE TO COVERED ENTITIES?
All entities served by local governments (residential and commercial), including schools and public places, are covered.
EPR model: Municipal Reimbursement
Infrastructure: Stewardship organization (SO) may expand collection infrastructure as needed using funds leftover after municipal reimbursements and administrative costs are covered.
Convenience standards: N/A
Statewide List: Develop statewide list. Municipalities will have to provide for collection of the full suite of materials identified as “readily recyclable” to participate in program. The process for creating the statewide list will be developed during rulemaking.
Alternative Collection Programs: Allows for the establishment of “alternative collection program/s” for covered materials, as approved by DEP. Producers may establish their own collection and processing systems for covered materials and do not have to pay fees into the state program for any material collected through their own programs.
OREGON: WHAT ENTITIES ARE COVERED? WHAT IS THE MINIMUM LEVEL OF COLLECTION CONVENIENCE THAT A STEWARDSHIP PLAN MUST PROVIDE TO COVERED ENTITIES?
All entities served by local government provided or overseen (e.g., franchised) service (residential and commercial; on-route and drop-off) are covered, though most collection costs are not covered by the PRO. Producers provide collection for additional materials that are designated in the rule.
EPR model: Shared responsibility with municipal reimbursement.
Convenience standards: OR DEQ to establish through rulemaking for producer-collected materials.
Statewide Lists: EQC to develop two lists in consultation with PROs and Advisory Council: a “uniform statewide collection list” of materials that local governments must collect and “specifically identified materials” that PROs must collect.
Alternative Collection Programs: Not applicable, although PROs have some latitude in how they collect materials on their list.
COLORADO: WHAT ENTITIES ARE COVERED? WHAT IS THE MINIMUM LEVEL OF COLLECTION CONVENIENCE THAT A STEWARDSHIP PLAN MUST PROVIDE TO COVERED ENTITIES?
For the first five years, only residential (single and multi-family) are covered; future plans expand to public places, small businesses, schools, hospitality locations, state and local government buildings.
EPR model: Full EPR
Convenience standards: Collection of recyclables must be as convenient as collection of trash.
Statewide List: PRO and Advisory Board develop statewide list of readily recyclable covered materials based on needs assessment; CDPHE reviews & approves. Updated annually.
Alternative Collection Programs: Producers may submit individual program plans beginning in 2025 and must notify CDPHE of intent one year in advance.
CALIFORNIA: WHAT ENTITIES ARE COVERED? WHAT IS THE MINIMUM LEVEL OF COLLECTION CONVENIENCE THAT A STEWARDSHIP PLAN MUST PROVIDE TO COVERED ENTITIES?
All entities served by local governments (residential and commercial are covered.
EPR model: Shared responsibility with municipal reimbursement.
Convenience standards: Not applicable.
Statewide Lists: CalRecycle to publish lists of covered material categories that are recyclable and compostable as of Jan 1, 2024. Updated every two years.
All municipalities must collect all recyclable covered materials (from statewide list).
Alternative Collection Programs: For covered materials not collected through a curbside program, PRO shall collect and recycle these materials.
COMMON EXEMPTIONS IN ALL OR MOST LEGISLATION
PROs must expand collection infrastructure as needed based on results of the statewide needs assessment and any relevant rulemaking – see distinct language in Maine.