Massachusetts might advance long-awaited discussions about prolonged producer accountability resulting from language tucked right into a broader local weather legislation not too long ago signed by Gov. Maura Healey.
The legislation requires a particular legislative fee on EPR for classes together with “paint, mattresses, electronics, lithium-ion batteries, plastics and different packaging.” The fee is predicted to solicit public remark, meet at the very least 4 occasions and share “preliminary suggestions and associated findings” with related legislative committees by Jan. 15, 2026.
The 20-member group shall be chaired by the Massachusetts Division of Environmental Safety’s commissioner or a designee. It’ll embody a variety of presidency officers and legislators, recycling and packaging trade representatives and different nonprofits equivalent to environmental justice teams.
Its suggestions will cowl a number of subjects:
- A construction for every product and packaging class that features assortment, processing and monetary accountability
- Price results for residential curbside assortment and switch station operators, in addition to processing and administration prices for various supplies
- The function of “materials discount, reuse and lifecycle extensions” for various merchandise and packaging
- Results on waste technology and contamination discount
EPR for packaging legal guidelines have been handed in 5 states, together with close by Maine. Illinois and Maryland are additionally within the technique of growing their very own EPR for packaging frameworks that would result in future legal guidelines.
Years of dialogue
Massachusetts is considered as a relative outlier amongst its Northeast neighbors for not passing any notable waste or recycling laws in years.
MassDEP, which has taken its personal motion through disposal bans in a number of classes, has a objective to scale back waste disposal to 4 million tons per yr by 2030. A latest progress report discovered 6.16 million tons have been disposed in 2023, up from a baseline of 5.7 million tons in 2018.
Scott Cassel, CEO of the Product Stewardship Institute, mentioned the state’s strong waste administration plan recognized EPR as a potential technique over 20 years in the past when he labored at MassDEP.
“It’s nice to see EPR motion in Massachusetts,” he mentioned. “I feel it is ironic that it has taken this lengthy.”
The state legislature noticed a number of waste and recycling payments launched throughout its present two-year session, which is about to finish this month, however none made it by means of.
In its model of the state local weather invoice, the Massachusetts Senate did embody language to replace the state’s bottle invoice, however that didn’t survive negotiations with the Home. The Senate handed a invoice in June that might have established an EPR fee for packaging, in addition to bans or limits on sure plastic merchandise, but it surely didn’t advance within the Home. Different payments associated to EPR for paint, mattresses and packaging largely stalled in committee.
Cassel mentioned EPR for paint, which is now in place throughout 12 states and the District of Columbia, has been floated within the Massachusetts legislature for a couple of decade and he’s “flabbergasted” that it hasn’t occurred but. Teams such because the Massachusetts Product Stewardship Council — a committee of MassRecycle — actively pushed to get a paint invoice handed this yr, with help from key retailers.
“We’re very happy the governor has handed the local weather invoice to incorporate the EPR fee,” mentioned Phil Goddard, appearing chair of MassPSC. “We see this as a wonderful alternative to convey collectively stakeholders to focus consideration round much-needed EPR in Massachusetts and to work with the legislature.”
Mattresses — that are additionally lined by EPR legal guidelines in different states — are considerably extra difficult resulting from a state disposal ban that took impact in 2022, amongst different components. This has led to elevated prices for native governments and mattress recyclers.
The fee’s give attention to lithium-ion batteries is interesting to teams such because the Nationwide Waste & Recycling Affiliation, which not too long ago backed a Illinois battery EPR legislation resulting from hearth dangers for trade operators. NWRA is much less happy by the give attention to packaging.
“We help the objectives of elevated circularity and improved restoration and have frequently supported EPR packages that concentrate on arduous to handle objects like batteries, mattresses, paint and tires,” mentioned Lew Dubuque, NWRA’s vice chairman of chapter relations within the Northeast, through e-mail. “Nevertheless, case research present that packaging EPR packages don’t obtain improved restoration charges of recyclables in already well-established packages much like these in Massachusetts.”
Trying forward
MassDEP confirmed that it’s presently working to fill the fee and begin convening in “early 2025.”
Cassel mentioned it’s affordable for the EPR fee to finish its work in a yr or much less and develop any ensuing laws shortly through the use of out there fashions from organizations equivalent to PSI and others.
Massachusetts’ two-year legislative calendar means any payments spurred by the commimssion might go as late as July 2026, when the formal session ends, and even later that yr if the legislature stays lively throughout casual session.
However EPR received’t be the one waste and recycling focus space in Massachusetts coverage discussions through the subsequent session.
“It’s positive that the state is finding out prolonged producer accountability for these key supplies,” mentioned Kirstie Pecci, govt director of Simply Zero. “But when we’re attempting to enhance our recycling packages, if we’re attempting to attain zero waste, among the finest issues that the legislature can do is modernize our current bottle invoice.”
Pecci mentioned the Plastic Free Mass Coalition, which incorporates an estimated 40 teams, plans to give attention to updating the bottle invoice, in addition to banning sure polystyrene foam merchandise and plastic grocery baggage.
Massachusetts had the bottom redemption fee amongst bottle invoice states within the nation throughout 2023. Updating the legislation has has lengthy been a contentious challenge for recyclers, retailers and the beverage trade.
State Sen. Cindy Creem not too long ago despatched a letter to MassDEP clarifying that the bottle invoice falls outdoors the fee’s scope. Garrett Casey, Creem’s coverage director and counsel, confirmed through e-mail that “beverage containers have been deliberately excluded from the purview of the EPR fee in order that reforms to the prevailing bottle deposit legislation might transfer ahead on a shorter timeline.”
Rep. Michelle Ciccolo, co-chair of the legislature’s Zero Waste Caucus, mentioned throughout a latest Round Cities Week occasion that she’s seeing momentum construct within the legislature for recycling and reuse points. Whereas it’s been more durable to get smaller payments handed, Ciccolo mentioned she hoped that insurance policies such because the bottle invoice replace get extra traction and likewise famous that help from the administration was vital to enacting any future adjustments.
“We are likely to package deal issues into large payments as a result of that is the best strategy to make issues transfer ahead,” she mentioned. “It is not nearly passing coverage, it is usually ensuring that there is funding to implement the coverage.”
Ciccolo mentioned the Healey administration, which took workplace in 2023, has been “nice” to work with to date. She additionally previewed the potential for recycling insurance policies to be included in different upcoming laws.
“We have met with all of her cupboard secretaries and they’re very obsessed with this,” mentioned Ciccolo. “As a result of we’ve an environmental bond invoice coming in January, I‘m very hopeful that a few of these insurance policies may be labored into that.”