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 the sixth in our multi-part blog series that analyzes the four packaging EPR laws.
This blog focuses on outreach and education requirements, and equity and environmental justice. For analysis of covered materials and products, please read part one; for a summary of covered materials, collection and convenience standards, please read part two. Part three covers whether or not there are unique provisions and/or exemptions in the legislation related to the “producer” responsible for funding and managing the EPR program; it also lays out each state’s criteria for determining the governance roles: program operations, administration, multi-stakeholder input, oversight, and enforcement. Part four focuses on funding inputs and allocations – how funding enters the EPR system and how EPR program funds are spent. To read about design for environment and performance standards, please read part five.
To complete this analysis, 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.
MAINE
OUTREACH AND EDUCATION REQUIREMENTS
- SO may fund outreach and education campaigns as needed after municipal reimbursements and administrative costs are covered.
EQUITY AND ENVIRONMENTAL JUSTICE
- No additional equity components are included.
OREGON
OUTREACH AND EDUCATION REQUIREMENTS
- PRO(s) fund and coordinate outreach and education. Municipalities continue local education programs.
- Outreach materials must be culturally responsive to non-English speakers and disabled residents.
EQUITY AND ENVIRONMENTAL JUSTICE
- Processors must provide living wages and benefits to workers and ensure worker health, safety, and wellbeing to receive a permit or certification from the state
- Local governments must ensure access to collection for non-English speakers and disabled residents.
- State must conduct studies on equity within the recycling system and access to collection for multifamily housing and recommend improvements to the program. The equity study repeats periodically.
- PRO(s), in conjunction with processors, must ensure products go to responsible end markets.
COLORADO
OUTREACH AND EDUCATION REQUIREMENTS
- PRO funds and implements statewide outreach program to increase recycling and reuse of covered materials. May contract with service providers, NGOs, or local government to conduct local outreach.
- Required to work with existing education and outreach programs in the state.
EQUITY AND ENVIRONMENTAL JUSTICE
- “Responsible End Market”: a materials market in which recycling, or disposal of contaminants benefits the environment and minimizes risks to public health and worker health and safety.
- PRO must give preference to service providers with strong labor standards and worker safety practices.
- Any chemical recycling process must be used for food-grade applications and meet environmental standards.
- One seat on AB designated for representative of a group focused on Environmental Justice. AB members compensated for travel and time to ensure they are not precluded from participation by lack of funds.
CALIFORNIA
OUTREACH AND EDUCATION REQUIREMENTS
- PRO funds and implements outreach and education campaigns in coordination with existing outreach campaigns. Municipalities continue to implement local education programs and receive reimbursements for these expenses.
EQUITY AND ENVIRONMENTAL JUSTICE
- All regulations established by the state must consider environmental justice impacts.
- 60% of the overall funds from the California Plastic Pollution Mitigation Fund go to environmental justice initiatives (see Element #13: Extra Initiatives).