Massachusetts Legislature Considering New EPR Law
The state of Massachusetts is now considering its own extended producer responsibility (EPR) law, a type of recycling legislation that mandates new fees and burdens on distributors and other companies.
Similar to EPR laws in other states, the proposed bill, S. 571, would establish a packaging reduction organization (PRO) that would develop and implement a statewide packaging reduction plan. Companies designated as producers, which can include wholesale distributors, would then need to make payments to the PRO based on the type and weight of packaging they sell. Those fees would then be used to fund recycling and waste management activities, as well as the administration of the PRO through a sustainable packaging trust.
The bill includes exemptions for small producers that generate less than $1 million in total gross revenue during the prior calendar year or who produced, sold or distributed less than one ton of covered material in the previous year. If passed by the state legislature, it would require businesses to file annual reports on the amount of covered materials produced, sold or distributed in the state. Distributors and other companies would have 30 days after the bill is signed into law to comply with the regulations or they would face fines of up to $200,000 for each violation.
The Massachusetts Senate’s Environmental and Natural Resources Committee reviewed the bill earlier this year, and all six members recommended it for passage on Sept. 18. The bill is now under further consideration by the state senate’s Ways and Means Committee.
FEDA and its advocacy partners have opposed the proliferation of EPR laws as they shift the burden of recycling costs to distributors, even though distributors have little control over packaging materials. In July, the National Association of Wholesaler-Distributors filed a lawsuit challenging the constitutionality of Oregon’s EPR law, which was the first in the country to go into effect. That lawsuit is currently working its way through the U.S. District Court for the District of Oregon.