State lawmakers have made significant headway on laws about EPR, recycled content mandates and plastic products. Other bills are still in play, and experts anticipate even more changes in 2022.
By Megan Quinn, WasteDive
State legislatures concerned about climate change and plastic packaging litter have moved the needle in 2021 to pass bills meant to make lasting changes on local waste and recycling systems.
Although many states have wrapped up their legislative sessions, this year has already been notable for the way historically difficult-to-pass bills have finally become law, including two extended producer responsibility (EPR) for packaging bills, one major bottle bill update, several plastic bans, and two mandates that would require certain amounts of recycled content in packaging sold in their states.
Many of these same policies are playing out at the federal level as Congress considers a historic influx of recycling-related bills, but these bills have not progressed at the same pace.
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So too have many state recycling and waste bills failed to pass, but 2021 has still been a significant year for the number of climate change-related bills introduced, said Yinka Bode-George, an environmental health manager at the National Caucus of Environmental Legislators.
“This year we saw a lot of states introduce bills such as EPR bills for the first time,” she said. “For a lot of states, this year was a campaign year or an education year for their respective legislatures, so in subsequent years they can add some meat to their strategy.”
Panelists at June’s WasteExpo in Las Vegas took note of how states are setting the tone on recycling, waste and organics policies that could eventually pave the way to success for federal bills with similar aims. Michelle Leonard, senior vice president at SCS Engineers, said industry professionals and lawmakers seem more plugged in now than at any other time in her 30-year career. “We’re finally connecting the dots in terms of climate change, economic development, and protecting public health and safety,” she said.
| State | Bill | Category | Highlights |
| Colorado | HB 1162 | Plastics ban | Bans single-use plastic bags at most stores and EPS takeout containers at most restaurants |
| Connecticut | SB 928 | Minimum recycled content | Directs the Department of Energy and Environmental Protection to create a plan for implementing a minimum recycled content policy |
| Connecticut | SB 1037 | Bottle bill | Doubles deposit value to 10 cents and expands types of containers accepted |
| Louisiana | SB 97 | Chemical recycling | Classifies advanced recycling as a manufacturing process rather than solid waste management |
| Maine | LD 1541 | EPR | Covers most types of consumer packaging. Producers will pay into a stewardship organization; local governments could use funds for packaging management costs |
| Maryland | HB 0164 | Market development | Encourages businesses and state agencies to develop markets for recycled materials and products |
| Rhode Island | H 5923 | Incineration | Restricts “high-heat” medical waste processing facilities |
| Rhode Island | S 0155 | Plastics ban | Restricts single-use plastic straws in foodservice establishments |
| Virginia | SB 1164 | Plastics ban/ chemical recycling | Classifies advanced recycling as a manufacturing process rather than solid waste management; bans EPS foam foodservice containers |
| Washington | SB 5022 | Plastics ban/PCR | Increases recycled content in packaging, bans some types of EPS containers and makes single-use foodservice ware available only on request |
It’s just the beginning for state EPR legislation for packaging
2021 has been a breakout year for EPR laws, with Maine becoming the first state to pass one for packaging and Oregon’s governor poised to soon sign a packaging EPR bill. Packaging EPR has been slower to take off in the U.S. compared to other countries, but state lawmakers’ decisions to ultimately enact these laws signals growing momentum and changing attitudes around EPR as a method to manage waste.
