May 31, 2024

States with Packaging EPR

Minnesota is now the 5th state in the US to pass Packaging Extended Producer Responsibility(EPR) laws. The HF 3911 bill aims to improve recycling access, reduce packaging waste, incentivize sustainable packaging design, and create packaging circularity by making producers financially responsible. 

  1. Producer Responsibility Organization (PRO): Packaging producers must join a PRO by January 1, 2025, which will manage the recycling process. ​ The PRO has yet to be established and comprises Minnesota's largest packaging producers. Members of the PRO will be required to pay fees based on the type and amount of packaging they sell in the state.  A Producer Responsibility Advisory Board will be established, with its first meeting required by March 1, 2025. This board will help guide the implementation and oversight of the EPR program​(Packaging World)​​ (Resource-Recycling)​.

  1. Cost Reimbursement: Starting February 1, 2029, producers will begin reimbursing local programs for the costs associated with recycling. This reimbursement will cover 50% of the costs in 2029, 75% in 2030, and 90% by 2031. These costs include collecting, transporting, and processing recyclable materials, adjusting for market value, and administrative expenses​ (Packaging World)​​ (Resource-Recycling)​.

  1. Assessment and Goals: The legislation mandates a needs assessment by the end of 2025 to evaluate current recycling capacity and set five-year target goals for reduction, reuse, recycling, and composting. It also includes provisions for post-consumer recycled content, market research, contamination levels, and assessment of hazardous substances​ (Resource-Recycling)​.

  1. Boat Wrap Recycling: Unique to Minnesota, the law includes an EPR program for boat wrap, given the state's high number of boats. Producers of boat wrap must fund and manage a statewide recycling program for this material, with stewardship plans due by March 1, 2025​ (Packaging World)​.

Other states with EPR packaging:

1. Maine: L.D. 1541 July 12, 2021 - For more information, see the Natural Resources Council of Maine page

2. Oregon: SB 582 Aug. 6, 2021 -  For more information, see Oregon's Department of Environmental Quality page

3. Colorado: HB22-1355 June 3, 2022- For more information, see Colorado's Recycling page

4. California: SB 54 June 30, 2022 - California's Recycling page

New York and New Jersey have pending EPR packaging bills. Check back to track their progress.