Maryland Governor Wes Moore and Washington Governor Bob Ferguson signed MD SB 901 and WA SB 5284 to establish extended producer responsibility (EPR) laws for paper and packaging products in their respective states. In general, the laws require the producers of packaging and paper products to financially support statewide recycling improvements. Companies that sell packaged products under their brand names will be required to join a producer responsibility organization (PRO) that will collect producer fees to implement a paper and packaging EPR program. 

In Maryland, the PRO, who must be approved by the Maryland Department of the Environment, would register each year starting July 1, 2026. The approved PRO must submit a five-year producer responsibility plan by July 1, 2028, and conduct a statewide needs assessment at least once each decade. Under SB 901, brand owners are required to pay 50% of the residential recycling cost starting July 1, 2028, increasing to 75% by July 1, 2029, and to 90% by July 1, 2030. SB 901 does not include specific performance targets. Instead, within 5 years of plan approval, the PRO must determine targets for recycling, composting, waste reduction, reuse, return rates, and post-consumer recycled content usage for each covered material type.     

In Washington, producers are required to join a PRO by July 1, 2026. The PRO must submit a plan to the Washington Department of Ecology for approval by Oct. 1, 2028. Like Maryland, reimbursements for recycling service providers will be phased in over time: 50% by 2030, 75% by 2031, 90% by 2032. Unique to Washington, the PRO must fund and implement a reuse financial assistance program, investing at least $5 million beginning in 2029 and then annually, adjusted for inflation. Lastly, the PRO must determine performance targets based on the results of a needs assessment for reuse rates, return rates, recycling rates, composting rates, targets for plastic source reduction and postconsumer recycled content by covered materials type, as applicable.

For their compliance needs, ISPA encourages its members to visit the website for Circular Action Alliance (CAA). CAA is a nonprofit Producer Responsibility Organization (PRO) dedicated to implementing extended producer responsibility (EPR) laws for paper and packaging across the United States. Please reach out to ISPA’s Government Affairs team (Alison Keane, Grant Johnson, and Marty Salamone) if you have any questions.