In the past four years, five states have passed separate packaging extended producer responsibility (EPR) laws that are now being implemented. Of those five state laws, two state laws require initial EPR planning and performance of needs assessments. In 2025, a producer responsibility organization (PRO) will submit and finalize plans to identify the investments and steps necessary to achieve various mandates in enabling EPR legislation.
Like each state’s EPR programs, the PRO plans are structured differently with various requirements. But in each state, the PRO will be important in implementing an EPR program and setting in place a system for establishing costs to producers of packaging. In nearly every state, the Circular Action Alliance (CAA) has been selected or approved as the only PRO to achieve industry compliance. Below is an overview of where the five states are in their PRO planning process.
California
In California, CAA had been selected in 2024 to be the PRO and will proceed with the development of a PRO plan by early 2026. Early this year, the regulatory structure should be finalized. Both the baseline for plastic materials for source reduction and the material characterization study will be published later this year. Combined, these activities will set the stage for what will be key factors in determining costs to companies and what products will be considered recyclable, compostable, or reusable. All packaging must be considered recyclable, compostable, or reusable by 2032 or face a ban on sale or use in the state.
Colorado
Colorado is far along in the overall EPR implementation process, being the first state to have selected CAA as its PRO, and has since finalized its needs assessment and cost scenarios. Colorado has also finalized its guiding regulations for the program. CAA is slated to have submitted its final plan this winter, with implementation occurring July 1, 2025, when the program will go live.
Maine
Maine still needs to select a “stewardship organization” to administer its EPR program through a request for proposal process that is expected to begin later in 2025. As part of the contract, the organization must provide a plan that articulates how it will budget for a needs assessment, municipal reimbursements, and infrastructure investment. The state is not expected to select an organization until 2026, and the needs assessment might be performed at any point thereafter. The assessment will greatly impact the cost of infrastructure paid for by producers of packaging.
Minnesota
Because Minnesota is the last state to have adopted a packaging EPR law in May 2024, the regulatory structure is still evolving. However, CAA is widely expected to be selected as the PRO for the state. Much of the regulatory structure of Minnesota has yet to evolve, but costs will likely not exceed 90% of the cost of recycling in the state.
Oregon
In Oregon, two rulemakings have been finalized to establish the program, and CAA has now submitted its third and likely final PRO plan for approval. This document provides the clearest picture of any of the states for the fees that will be charged on certain packaging and material types and the overall budget for the program, which is approximately $190 million for the first program plan year. This plan will essentially go into effect before the law kicks off in earnest on July 1, 2025, as the program and the law go live.
Andy Hackman is a lobbyist for the Flexible Packaging Association at the firm Serlin Haley based in Washington, D.C.