Update on Recent State EPR Activity in ME, NH, NY, and CO

Please find updates on various recent state legislative and regulatory activity related to EPR below. 

Colorado

Colorado’s Producer Responsibility Advisory Board held its tenth meeting on October 11. The meeting was focused on composability considerations and innovative technologies. Circular Action Alliance (CAA) provided an update on the ongoing statewide needs assessment. The needs assessment is currently in the information gathering stages with surveys, site visits, and interviews with municipalities, haulers, MRFs and composting facilities ongoing. This process is expected to conclude later this month with a final product expected in December or January. A meeting summary and presentation slides for those interested will be posted here.

The advisory board seat for a manufacturer of recycled paper products for a term concluding in December of 2024 continues to be vacant. Those eligible and interested can find the application under the section, “Advisory board seat vacancy” here. 

Contact Frazier_Willman@afandpa.org with questions.  

Maine

The Maine Department of Environmental Protection (DEP) has announced an extension of the deadline for comments on the EPR conceptual drafts - all comments on all parts are due on October 31. Part 1 and Part 2 have been distributed to the public and Part 3 was just posted on October 12. AF&PA is working on our draft comments and intend to share our draft and have a member call the week of October 23.  

Per the DEP, “the Department must begin rulemaking for the Stewardship Program for Packaging by December 31, 2023, according to Public Law 2021, Chapter 455. Rulemaking is initiated when a proposed rule is posted for public comment by the Board of Environmental Protection. Although the Board’s schedule is subject to change, their only scheduled meeting in December is December 7, 2023. Materials for their consideration at that meeting must be provided by Department staff two weeks prior to the meeting. Therefore, in order to meet the requirements of the law, Department staff must prepare a completed draft by November 23.” 

Additionally, there will be further opportunities to comment after the Board has drafted their proposal, including a public hearing and a public comment period, likely to happen in 2024.  

Contact Abigail_Sztein@afandpa.org with questions.  

New Hampshire

The General Court of New Hampshire passed legislation earlier this year to establish a Committee to Study Extended Producer Responsibility in order for legislators to consider opportunities for programs such as EPR to decrease financial burdens for municipal costs for waste management. The Committee has held four meetings with a final session scheduled for Monday, October 16 before they submit a report to the legislature by November 1. The most recent session on October 2 has a recording that can be viewed here. 

At this stage, the committee of four legislators participating in the process do not have a consensus opinion on how they intend to proceed, but the draft report will be discussed further on October 16 and will be streamed live on the same channel as the YouTube link above. At a minimum, they are expected to make recommendations based on the information gathered and to perhaps suggest additional research. There is some appetite to consider Maine’s neighboring EPR program and to monitor other EPR programs to understand what will work and what will not, but political divisions in the state may make it more difficult to pass anything more concrete than further studies. We should expect additional EPR and waste-related legislation to be introduced in 2024.  

Contact Abigail_Sztein@afandpa.org with questions.  

New York

A hearing was announced for October 24 in Albany hosted by the New York State Joint Committee on Environmental Conservation to “Examine effective legislative solutions to reduce packaging.” The hearing announcement can be reviewed here. The legislature has not held a hearing on EPR outside of the budget process in over five years, but it was a commitment of the committee chairs to hold this hearing in 2023. 

Folks interested in speaking can use the form on the second page of the announcement to submit a request to committee staff. Selected speakers will get three minutes to speak in person at the hearing and respond to questions (likely to be limited by the chair to manage the overall hearing timeline). Those not selected or unable to attend the hearing can submit written testimony on the subject.  

Due to scheduling conflicts, AF&PA does not expect to attend to testify but will submit written testimony based on an updated drafting of our comments on EPR in June 2023, here. AF&PA staff has met with a majority of committee members, including leadership, on EPR and will continue the dialogue regardless of hearing participation. We are planning a campaign around the hearing to reinforce the need for the statewide needs assessment project to be completed before legislation is considered.  

Contact Abigail_Sztein@afandpa.org with questions.  

GOVERNMENT AFFAIRS

Government_Affairs@afandpa.org

(202) 463-2700

AMERICAN FOREST & PAPER ASSOCIATION

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Washington, D.C. 20005