At the state level, policy activity around packaging remains busy, especially regarding extended producer responsibility (EPR).
EPR in Washington State
Similar to 2024, dueling packaging proposals have been introduced. House Bill (HB) 1150/Senate Bill (SB) 5284 is from state Rep. Liz Berry (D-Dist. 36), who has become the legislative leader on packaging EPR. Competing with that effort is HB 1071/SB 5058, which is championed by the local waste industry. It includes labeling requirements and proposes to expand the state’s existing post-consumer recycling (PCR) content law for plastic products.
This debate has been called “The Knife Fight of Olympia,” and the fate of these bills will be determined based on the power of the haulers to resist EPR or the ability of the champions of EPR in the legislature to overcome steadfast opposition from the hauling community.
EPR in New Jersey
Chairs of the environment committees in both chambers, state Sen. Bob Smith (D-Dist. 7) and Assemblyman James Kennedy (D-Dist. 22), introduced packaging EPR bills as Senate (S.) 208/Assembly 2094, which have been reshaped into S. 3398. These bills would mandate packaging to contain at least 65% PCR content by January 2036 and a 50% source reduction by 2032, and all packaging be recyclable, compostable, or reusable by January 2034.
Smith has held many hearings on these bills. Their future is vested in whether legislative leadership allows them to move forward before the legislative session ends in December.
EPR in New York
The chairs of the environmental conservation committees of the state Assembly and Senate are again introducing packaging EPR bills fostered by the Beyond Plastics organization. The bills have aggressive source reduction, recycled content, and recycling rate mandates and contain a convoluted process with an Office of Inspector General overseeing the producer responsibility organization and its program. Given a strong 2024 Senate floor vote in favor of this concept, we expect fast passage in the Senate and a slower approach in the Assembly. We also anticipate efforts to proactively introduce alternative proposals to create support for a more workable solution compared with the Beyond Plastics approach.
The fate of this issue will likely rest in the ability of the Assembly members to consider the impacts of such a punitive approach and if they ignore industry and consumer concerns to assuage the Senate and environmental interests.
EPR and Recycled Content in Maryland
State Sen. Malcolm Augustine (D-Dist. 47) resurrected a 2023 EPR bill that garnered some support from packaging industry players. Meanwhile, the state Advisory Board on EPR is debating what type of EPR legislation to endorse. This debate could come down to the wire, as it did in 2023.
Additionally, HB 69 would mandate the increasing use of 40% recycled content in rigid plastic containers used to package food by 2034. While this does not impact the flexible packaging industry, the precedent would be significant across packaging types.
Material Bans Forthcoming
While EPR bills continue to dominate interest, we anticipate new efforts in 2025 to ban or restrict problematic plastics or some plastic chemicals or processing agents. We have seen these efforts in California, Maine, and other environmentally progressive states.
State Regulatory Action in 2025
The year 2025 will see major EPR implementation in Colorado and Oregon, which are in the process of approving their program plans. In Oregon, producer reporting for 2024 was due March 31, 2025, ahead of the July 1, 2025, program launch.
In California, approval of program rules was underway this spring. Further needs assessment work will follow.
Maine’s Board of Environmental Protection adopted regulations in December 2024 for the overall structure of the EPR program despite concerns from industry groups. This year, the state’s Department of Environmental Protection began considering a list of packaging types that can be considered readily recyclable. This determination will trigger higher or lower packaging fees that will likely negatively impact the flexible packaging industry.
Lastly, Minnesota is the newest EPR state with its entire rulemaking process ahead of it.
Andy Hackman is a lobbyist for the Flexible Packaging Association at the firm Serlin Haley based in Washington, D.C.