Responsibility | Voices Legislation To Follow In the U.S., most of the movement on EPR policies is coming from out west. Numerous states have enacted laws addressing end-oflife concerns for consumer products and packaging. Some others are updating preexisting laws, while several are considering new approaches. For example, California’s Senate Bill 54, which passed in 2022, implements what could be the country’s most ambitious state-mandated paper and plastic recycling requirements. Under SB 54, plastic packaging in the state must be recyclable or compostable by 2032. Some of the legislation’s requirements start earlier: There is a 30% threshold for plastic packaging in California to be recycled by January 1, 2028, with increases to 40% by 2030. California’s goal is for this policy to achieve a net reduction of plastic packaging waste by 25% within a decade. California’s EPR legislation applies to just about any company that handles consumer or commercial goods, including manufacturers and direct sellers. SB 54 also requires producers of covered materials to join a producer responsibility organization (or PRO) by January 1, 2024. The purpose of the group is to manage businesses’ activities to comply with SB 54’s requirements. The PRO will develop plans for the collection, processing and source reduction of materials covered by SB 54. The methods prescribed by the state government to enforce SB 54’s mandates are similar to other compliance-related requirements, including reporting, recordkeeping, registration and auditing. Although California’s EPR legislation may be regarded as the most comprehensive in the U.S., it is certainly not the only policy addressing endof-life concerns for products and packaging. In 2022, Colorado passed the Producer Responsibility Program for Statewide Recycling Act. This law also establishes a PRO to manage the state’s recycling program. These state-mandated memberships are the method for shifting the costs of recycling programs and other government efforts to create circular economies. Colorado’s Department of Public Health and the Environment will oversee the administration of the state’s PRO, including the creation of a statewide list of recyclable items. Oregon has a similar law that went into effect in 2022. The law embodies the same concept of shifting responsibility for the costs of recycling and closed-loop initiatives to producers. The Plastic Pollution and Recycling Modernization Act expands public access to recycling services and upgrades the state’s recycling facilities, among other goals. The new law’s requirements take effect in 2025. PPAI • JUNE 2023 • 35
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