Extended Producer Responsibility for Packaging and Paper Products Not Moving Forward

Over the last several years, work has been ongoing with various stakeholders seeking a path forward for the ambitious and highly controversial strategy to convert most of our state’s existing recycling systems to an extended producer responsibility (EPR) program for product packaging and paper products. The Re-WRAP Act, 2024’s version of the EPR program, was introduced this year in HB 2049/SB 6005.

As in previous sessions, the recent proposal was complex. It included requirements for producers of packaging materials and paper products to pay all costs to recover those materials. To achieve this, producers would have been required to create or join a “Product Responsibility Organization” (PRO) that would develop a recovery plan and manage the overall program for its members.

Unlike last year, this year’s EPR bill did not include a beverage container deposit return system. However, a separate bill proposing to create such a program in our state was also introduced (HB 2144). The beverage container deposit return system would require retailers to collect an extra 10 cents or deposit, for every beverage container sold. Consumers could collect their containers after use and transport them to a collection facility for a deposit refund. Of course, they could also be disposed of through other means of recycling without collecting the deposit.

As the session neared the cutoff for policy bills in the House, many stakeholders worked diligently to pass these bills. However, significant opposition remained. Beverage manufacturers favor the beverage container deposit return system (HB 2144) over the EPR for packaging and paper products (HB 2049/SB 6005). Commercial haulers and processors also remain skeptical of the EPR bill. There also remains significant uncertainty regarding the impacts of both bills on county solid waste program revenues. In the end, the legislature’s majority party was unable to get enough votes to pass either bill.

While both bills ultimately failed this session, some progress was made as the program proposals continued to get refined. Some opposing groups moved to neutral or even supportive of the new programs. Both proposals will likely continue to be actively pursued, and WSAC expects to remain engaged in the discussion.

Counties must be prepared to weigh in on new versions in the next session.