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 first in a multi-part blog series, which will analyze the four packaging EPR laws.
We used PSI’s Elements of Effective EPR Legislation to compare the laws in Maine, Oregon, Colorado, and California. They include:
- 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 is part one in a multi-part series, which focuses on covered materials and products in each state.
WHAT’S COVERED IN MAINE?
Packaging:
- Primary/Secondary
- Residential and some commercial (no distribution packaging)
- Reusables: covered; only charged at initial distribution
- No packaging-like products.
- No paper products.
Unique Exemptions:
- Paint containers, if PaintCare demonstrates they are recycling at least 90% of collected containers (or 80% with Department approval)
WHAT’S COVERED IN OREGON?
Packaging:
- Primary/Secondary
- Residential and commercial
- Reusables: exempt until ultimately disposed in state
Packaging-like products:
- Food service ware
Paper products:
- Printing and writing paper
Unique exemptions:
- Commercial pkg that does not undergo separation from other materials at a processing facility, is collected outside the local government/Opportunity to Recycle framework and recycled at a responsible end market.
- Specialty industrial packaging
- On-farm packaging
Pallets
WHAT’S COVERED IN COLORADO?
Packaging:
- Primary/Secondary
- Single- or short-term use residential & most commercial (no B2B transport/distribution packaging; no exclusively industrial/manufacturing pkg)
- Reusables: exempt
No packaging-like products
Paper products:
- Printing & writing paper (see exemptions)
Unique exemptions:
- Cannabis packaging – since it is regulated like federally regulated medications.
- Printed financial/billing statements, medical docs & other vital docs required to be printed by law
Printed publications primarily covering news & current events
WHAT’S COVERED IN CALIFORNIA?
Packaging:
- Primary/Secondary
- Single-use residential & most commercial
Reusables:
- Exempt
Packaging-like products:
- Single-use food service ware and bags (no reusables/refillables)
No paper products
Unique exemptions:
- Commercial pkg that does not undergo separation from other materials at a processing facility, is recycled at a responsible end market, and demonstrates high recycling rates (before 2027: >65% for 3 consecutive years; after 2027: > 70% annually)
COMMON EXEMPTIONS IN ALL OR MOST LEGISLATION
- Architectural paint containers covered under other legislation – (see specific language for ME)
- Beverage containers covered under other legislation – (see specific language in CO)
- Medical packaging – see each law for variations in language – (except ME)
- Packaging required or regulated by federal regulations – (in Maine, DEP will review)
- Long-term storage packaging (usable for > 5 years) – (except OR)
- Where paper is covered (OR/CO): Paper products that become unsafe or unsanitary to handle