Massachusetts Commission to Explore EPR Implementation
Massachusetts takes a step toward extended producer responsibility (EPR) laws
A recent law signed by Governor Maura Healey in Massachusetts, An Act promoting a clean energy grid, advancing equity, and protecting ratepayers, establishes a special legislative commission on Extended Producer Responsibility led by the state’s Department of Environmental Protection (MassDEP). The commission will focus on EPR in various categories, including paint, mattresses, electronics, lithium-ion batteries, plastics, and other packaging, and is expected to report its findings to the legislature by early 2026.
Key Areas of Focus for Massachusetts’ EPR Commission
The twenty-member commission will include government officials, state legislators, nonprofits, and representatives from the recycling and packaging sectors. The Massachusetts Department of Environmental Protection’s commissioner, or an appointed designee, will serve as the lead of the group.
Ostensibly, the commission will investigate the possible ramifications of EPR laws across the various categories in Massachusetts, with the possibility of new EPR bills being introduced as a result of the commission’s work. Recommendations are set to include collection, processing, and financial responsibility for each product type, including packaging.
Challenges and Opportunities for EPR in Massachusetts
Historically, EPR bills in Massachusetts have floundered, including packaging EPR. Maine, Illinois, and Maryland have already made strides in packaging EPR, and the new commission in Massachusetts could set a precedent for introducing EPR for packaging as well. The MassDEP clearly intends to reduce plastic and packaging waste, with a goal to reduce overall waste disposal to 4 million tons per year by 2030. EPR laws for packaging typically also include increased emphasis on utilizing more sustainable packaging options.
Also of note is the commission’s focus on lithium-ion batteries due to the fire risks they pose. This inclusion responds to growing concerns about battery regulation and battery compliance in waste management, as improper disposal can lead to environmental hazards and safety threats. The move to include batteries is supported by the National Waste & Recycling Association (NWRA), an organization that has supported similar legislation in Illinois.
EPR won’t be the only focus for Massachusetts’ waste and recycling policies in the coming years. The state had the lowest redemption rate among bottle bill states in 2023, and updating the bottle deposit law has been a contentious issue. Beverage containers were intentionally excluded from the EPR commission’s purview to allow for separate, faster reforms to the bottle deposit law, which may include the implementation of a deposit return system.
What Producers Need to Do in Massachusetts
Until Massachusetts has passed EPR laws based on the commission’s findings, there are no EPR-related actions that need to be taken in the specified categories at present. However, numerous other states—as well as Canadian provinces—do have EPR laws for many material types, including packaging, batteries, electronics, and more.
In all jurisdictions with EPR laws, RLG supports businesses with unmatched customer service, providing practical solutions that ensure compliance while saving time and money through streamlined processes and waste reduction. RLG also offers solutions for the safe collection, transportation, and storage of lithium-ion batteries.
Contact us today for a free consultation and discover how we can help you stay ahead of waste management challenges, reduce costs, and embrace the circular economy.
Disclaimer: This article was written for informational purposes only and should not be used or cited for legal purposes. Information is accurate as of the time of publication, however, deadlines, regulations, and policies are regularly subject to change. Always refer to primary sources for the most accurate and up-to-date information.