Weekly Policy Pickup
Jan. 15
It’s a big week for bill filing, as New Jersey kicked off its biennial legislative session. In addition, there was a national decision made about compostable products, and lots of activity around extended producer responsibility programs for various materials in California.
And now, policy:
Bill Updates
In Florida, H 1255 was prefiled. It would create the right for consumers to repair portable wireless devices.
In Kentucky, SB 49 was introduced. It would create a battery stewardship program.
In Kentucky, HB 2871 was introduced. It would ban: the intentional release of more than 25 plastic balloons; single-use plastic bags; and single-use plastic straws and EPS food and beverage containers.
In Missouri, HB 2871 was introduced. It would create the right for consumers to repair certain electronic devices.
In New Hampshire, HB 451 was carried over from last year’s session. It would create a paint product stewardship program.
In New Jersey, S 2433 was carried over from last year’s session. It would create a paint product stewardship program.
In New Jersey, S 3195 is headed to the governor’s desk. It would ban certain single-use plastic utensils and make others available on customer request only.
In New Jersey, A 6005 was replaced by S 3399 and passed. It would create an extended producer responsibility (EPR) program for solar panels.
In New Jersey, S 3398 and A 5009 died in committee. They would have created a packaging EPR program.
In New Jersey, S 3815 died in committee. It would have required a recycling needs assessment.
In New Jersey S 4238 and A 5338 died in committee. They would have repealed the current ban on plastic bags.
In New Jersey, S 4271 died in committee. It would have created an EPR program for electronic cigarettes.
In New Jersey, S 4517 died in committee. It would have exempted certain compostable plastic items from the ban on single-use plastic carryout products.
In New Jersey, S 117, S 643, and S 1476 were introduced. They would repeal the ban on paper bags and alter restrictions on plastic bags.
In New Jersey, SB 630 was introduced. It would ban the sale of products labeled “recyclable” unless the state determined they were recyclable.
In New Jersey, S 666 was introduced. It would create an EPR program for paint.
In New Jersey, S 670 was introduced. It would require source reduction of plastics in certain products.
In New Jersey, S 671 was introduced. It would ban single-use plastic utensils and condiments, except on customer requests, and also require certain restaurants to offer washable, reusable utensils.
In New Jersey, SB 681 was introduced. It would create an EPR program for electronic cigarettes.
In New Jersey, S 1072 was introduced. It would require certain state entities to recycle and provide recycling bins in state buildings.
In New Jersey, SB 1782 was introduced. It would create the School Plastics Upcycling Grant Program at the state level.
In New Jersey, S 1927 was introduced. It would exempt certain compostable plastic items from the ban on single-use plastic carryout products.
In New Jersey, S 2085 was introduced. It would give consumers the right to repair certain consumer electronics.
In New York, NY S 8832 and A 9504 were introduced. They would alter how rechargeable batteries, including larger format batteries from electric scooters, are handled under the existing battery recycling program.
In Vermont, S 217 was introduced. It would create an EPR program for mattresses.
In Washington, HB 2301 was pre-filed. It would create an EPR program for paint.
In Washington, SB 6030 was pre-filed. It would repeal restrictions and fees on plastic bags.
Rulemaking News
The U.S. Department of Agriculture’s National Organic Standards Board decided not to add synthetic compostable materials as allowable organic compost feedstocks. However, it indicated that it would be open to evaluating individual substances. The topic has been closely watched, especially as compostable packaging is drawn into packaging EPR programs.
In California, applications to become the producer responsibility organization (PRO) for the state textile EPR program were due by Jan. 1. Three groups applied: Landbell USA, Textile Renewal Alliance, and Circular Textile Alliance. The California Department of Resources Recycling and Recovery (CalRecycle) will choose a PRO by March 1.
In California, CalRecycle decided to withdraw its proposed regulations for SB 54, the packaging EPR law, on Jan. 9. Many different groups had raised concerns about the current draft regulations. CalRecycle said it plans to make revisions to food and agricultural commodity sections and will announce a new, 15-day comment period. However, “statutory deadlines remain unchanged” and this latest delay makes the implementation timeline even tighter.
In Colorado, the packaging EPR advisory board met on Jan. 14 and heard that PRO Circular Action Alliance (CAA) has been making good progress in getting local governments to respond about collection reimbursement by the Jan. 16 deadline. So far, responses cover about 92% of the households that have local government collection.
In Washington, the first installment of a study on a deposit refund system was published. It covers convenient access, taking into consideration public transportation, co-location with recycling facilities, and reducing the transportation burden for rural and underserved communities.
Also in Washington, the Department of Ecology stated that it has been notified that CAA and the Lubricant Packaging Management Association intend to register as PROs by the March 1 deadline.
Program Updates
In California, CalRecycle received notice from Circular CRV Association on Dec. 31 that it has updated its Dealer Cooperative Stewardship Plan members, redemption sites, and redemption contractors. On Jan. 7, the association also notified the state that it updated its list of processors.
In Oregon, packaging producers may now make a claim to get an exemption from paying fees in 2027 for the proportion of their products that are recycled privately via responsible end markets. The claims window is open from Jan. 7 through March 31 and approval or denial of claims will occur by June 15.
Hard-to-Categorize News
In South Korea, plastic toys were added to the country’s existing EPR program.
The U.S. Plastics Pact released its 2024-25 impact report, finding that 54% of plastic packaging placed on the market by Pact members was reusable, recyclable, or compostable, up from 50% the year prior, and the average use of post-consumer recycled resin or bio-based content is at 14%, up from 11% the year prior. The report also shared how the Pact plans to achieve its new goals, including a 30% virgin material source reduction, for which a metric was not available this year.
–Marissa Heffernan