Ameripen voices support for Maryland EPR bill

The association says Maryland’s EPR bill was passed by the state legislature following a thorough needs assessment and several years of policy development.

bales of plastic stacked up in a mrf

Recycling Today file photo

Springfield, Massachusetts-based Ameripen, which says it represents the North American packaging value chain by providing public policymakers with fact-based, material-inclusive, scientific information, has commended Maryland policymakers for passing S.B. 901, which would establish an extended producer responsibility (EPR) program for paper and packaging in the state.

If signed by Gov. Moore, this law would become the sixth EPR bill for packaging passed in the country.

Maryland’s EPR bill was passed by the state legislature earlier this month following what Ameripen describes as “a thorough needs assessment and several years of policy development.”

Led by Sen. Malcolm Augustine and other key stakeholders, S.B. 901 is the product of significant effort that aligns key definitions with Minnesota’s 2024 law, providing consistency across states in funding methodologies and the role of a producer responsibility organization (PRO), the association adds.

Ameripen says the bill includes a number of key elements: 

Key Producer & Producer Responsibility Organization (PRO) Timelines

The PRO approved by Maryland Department of the Environment (MDE) must register annually beginning July 1, 2026. A producer or group of producers can develop and operate an alternative collection program to collect and manage a type of covered material.

 

By July 1, 2027, MDE, in consultation with PROs, etc., must develop a statewide list of covered materials determined to be recyclable or compostable.

Producer responsibility plans must be submitted by each producer to MDE for review and approval by July 1, 2028.

Beginning July 1, 2029, each producer or PRO must report annually to MDE on the progress toward meeting plan requirements and goals.

Key Provisions

 

Covers packaging and paper products as covered materials subject to compliance obligations.

Participating in a producer responsibility plan in compliance with the bill provides immunity from liability under state law relating to antitrust and restraint of trade for any cooperated activities arising out of the recycling, reuse and disposal of covered materials.

Performance Goals

 

The selected PRO will create producer responsibility plans and performance goals as set in an MDE-approved producer responsibility plan.

With the initial needs assessment already done, by July 30, 2034, and at least once every 10 years thereafter, MDE’s Office of Recycling must hire an independent consultant to conduct a statewide recycling needs assessment to inform the provision of recycling services in the state.

 

Funding Formula (Shared-Producer Responsibility)

Recycling service providers can request reimbursement from a PRO for costs associated with collecting, transporting and processing covered materials.

The reimbursement rate must be equivalent to the following percentages of costs:   
  • ≥ 50% of cost per ton by July 1, 2028;
  • ≥ 75% of cost per ton by July 1, 2029; and
  • ≥ 90% of cost per ton by July 1, 2030.

Ameripen says Maryland’s EPR legislation establishes critical funding for communities to recover and recycle packaging materials, which is especially critical as states and municipalities struggle to fund public programs without increasing the burden on taxpayers.

“As an organization dedicated to impartial, science-based solutions, Ameripen is proud to have supported S.B. 901 and is grateful to all across the packaging value chain—materials suppliers, packaging producers, consumer packaged goods companies and end-of-life materials managers—who have provided thoughtful feedback to make this legislation as effective as possible,” says Rob Keith, Ameripen policy and membership director. “We are equally appreciative of Maryland legislators who engaged with these subject matter experts to ensure goals will be both achievable and productive for businesses, governments, and constituents.”

“Efficient and economically viable recycling and recovery systems are critical to achieve less waste in landfills, lower costs for taxpayers, more sustainable products, fewer greenhouse gas emissions and cleaner communities,” says Augustine. “This new system aligns incentives for all stakeholders to create an economically efficient, environmentally responsible, circular system of managing packaging and paper materials. All Maryland residents deserve a modern and comprehensive recycling system, and this legislation ensures we can deliver on our state’s commitment to conservation and environmental stewardship.”

Ameripen says it will continue working with Maryland legislators to ensure the state’s ambitions of world-class packaging recovery infrastructure are achieved.