Weekly Policy Pickup
March 5
Deadlines for bills to pass certain committees are approaching, and this week several bills in Washington failed to advance. There’s also some producer responsibility organization news: Circular Action Alliance was officially selected as the producer responsibility organization for the packaging extended producer responsibility program in Washington, and Landbell USA was chosen to lead textile EPR in California.
And now, policy:
Bill Updates
In Massachusetts, HB 5149 was introduced. It directs the state agency to study the effect of a dozen plastic-related bills introduced last legislative session.
In Minnesota, HF 3713 was introduced. It would create an extended producer responsibility (EPR) program for textiles, carpet, and mattresses.
In Missouri, HB 3504 was introduced. It would create an EPR program for packaging.
In Rhode Island, H 7911 was introduced. It would create an EPR program for packaging and beverage containers.
In Washington, HB 1420 and SB 6174 failed to cross chambers by the cutoff date of Feb. 17. They would have created an EPR program for textiles.
In Washington, HB 1607 failed to cross chambers by the cutoff date of Feb. 17. It would have created a deposit refund system (DRS) for beverage containers.
In Washington, HB 2271 and SB 6156 failed to cross chambers by the cutoff date of Feb. 17. They would have added more products to current post-consumer recycled resin usage requirements.
In Washington, HB 2301 failed to cross chambers by the cutoff date of Feb. 17. It would have created an EPR program for paint.
In Washington, HB 2633 and SB 6271 failed to cross chambers by the cutoff date of Feb. 17. They would have created an EPR program for mattresses.
In Washington, SB 6030 failed to cross chambers by the cutoff date of Feb. 17. It would have repealed current fees on plastic bags.
In Wyoming, HB 15 died in committee. It would have created the right to repair for certain consumer electronics.
Webinar: EPR Strategies for Small Teams (March 11)
Compliance teams are being asked to do more with less, making efficiency essential. Join this webinar presented by the EPR strategists at RLG.
Rulemaking News
The Carton Council pushed back against information in California’s recent EPR needs assessment. First, according to the organization, gable-top and aseptic cartons should be considered one category, as “they are almost universally collected, sorted, and recycled together in a single material stream.” The Carton Council has been requesting that the Department of Resources Recycling and Recovery (CalRecycle) combine the categories since 2022, it noted, but “to date, CalRecycle has not responded to those requests nor explained why this artificial distinction is being maintained.” That separation confused consumers and survey takers, the Carton Council said, and using the technical term “aseptic carton” likely added more confusion. In addition, the Carton Council believes the survey was assessed against the wrong benchmark – using the SB 54 covered material list, which is what will be collected once SB 54 takes effect, instead of SB 343 collection access figures. Cartons are not currently listed as recyclable on the covered material list, but the Carton Council “anticipates cartons will be included in CalRecycle’s next scheduled update.” The group said it notified CalRecycle of its concerns on Nov. 10, but “we are deeply disappointed that this methodological issue was not addressed prior to publication.”
Also in California, CalRecycle selected Landbell USA as the producer responsibility organization (PRO) for the textile EPR program. Circular Textile Alliance and Textile Renewal Alliance also applied. Producers of covered products have until July 1 to join Landbell USA. The National Stewardship Action Council (NSAC) applauded CalRecycle for its “careful due diligence and thoughtful selection of Landbell USA.” NSAC’s Executive Director Heidi Sanborn will be a member of Landbell’s advisory committee.
In Washington, the state Department of Ecology selected Circular Action Alliance as the PRO for the packaging EPR program. CAA is now the official PRO in six of the seven states in the U.S. with packaging EPR. Maine has not yet selected a stewardship organization.
Program Updates
In California, CalRecycle accepted PaintCare’s explanation and determination that it does not need to make amendments to its stewardship plan ahead of the five-year review. Its plan was initially approved on Jan. 24, 2022.
Hard-to-Categorize News
EPR laws in California, Colorado, Maryland, Minnesota, Oregon and Washington include responsible end market requirements, and Waste Dive reported on what it will take to succeed.
In California, CalRecycle removed four items from the List of Approved Food Service Packaging under SB 1335. The two sugarcane compostable items and two HDPE items were initially manufactured by Meisei Co., but are no longer produced by the company.
–Marissa Heffernan
