Board Converting News, July 26, 2021

Nation’s First Packaging EPR Bill Signed Into Law In Maine According to a report in Resource Recycling , Governor Janet Mills of Maine has signed legislation establishing ex- tended producer responsibility for packaging materials in the state. It’s the first bill of its kind to become law in the U.S. Legislative Document 1541, which establishes EPR for certain packaging products spanning virtually all material types, was approved by both the state House of Repre- sentatives and Senate in June. On July 12, Gov. Janet Mills signed the bill into law, under which packaging producers will be financially responsible for funding recycling of their products. The legislation was sponsored by state Rep. Ni- cole Grohoski and is titled “an act to support and improve municipal recycling programs and save taxpayer money.”

In a statement July 13, Grohoski commented on the im- plications for local governments and citizens in the state. “This new law assures every Maine community that help with recycling and lowering the property tax burden is on the way,” she said. “It’s time for packaging producers to take responsibility for their waste stream in the Pine Tree State, as they do in more than 40 other countries and re- gions worldwide.” The bill excludes some packaging applications, includ- ing beverage containers (Maine has a container deposit program), long-term storage materials, paint containers and other assorted materials. But the bulk of consumer product packaging is covered under the bill. Environmental advocates quickly praised Mills’ signing of the Maine EPR bill. Environment Maine issued a release describing the bill as a “groundbreaking waste reduction law.” The Product Stewardship Institute also praised the move, with CEO Scott Cassel stating the bill will set Maine

“on a path to a stable recycling system.” Packaging stakeholder associations pre- viously expressed concerns with the Maine proposal. On July 2, AMERIPEN said Maine law- makers had “passed a flawed piece of leg- islation” and urged the governor to veto the bill. The American Forest & Paper Associa- tion (AF&PA) similarly called on the gover- nor to reject the proposal, stating that the bill has “direct consequences for Maine’s businesses and manufacturers” including the paper industry. Maine’s House Demo- cratic Office issued a release on the signing, noting that the state Department of Environ- mental Protection will kick off a rulemaking process on or before December 31, 2023, on how the program will operate. “The program, run by a stewardship or- ganization contracted by the Maine Depart- ment of Environmental Protection (DEP), will use producer payments to cover the oper- ational costs for the program, pay fees and to make investments in education and infra- structure to reduce future packaging waste in Maine,” the release stated. Similar EPR initiatives are in place in Eu- ropean and in some Canadian provinces. The approach has gained more support in the U.S in the wake of China’s National Sword campaign, which significantly upset the economics of municipal recycling. Numerous packaging EPR proposals were introduced in the U.S. this year, but the Maine proposal and a bill in Oregon were the only pieces of legislation to clear both legislative chambers in their respective states. The Oregon bill is currently awaiting a signature from that state’s governor.

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July 26, 2021

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