Extended Producer Responsibility (EPR) 2025 Outlook

(Updated 6/16/2025)

Overview- Over the last several years, numerous states have considered enacting Extended Producer Responsibility (EPR) legislation for paper and plastic.  These laws transfer the responsibility for the costs of recycling and disposal of paper and plastic packaging – and in some cases, paper products, i.e., greeting cards – from communities to manufacturers and producers.

To date, seven states (California, Colorado, Maine, Maryland, Oregon, Minnesota, and Washington) have enacted EPR for paper and plastic. Hawaii also passed an EPR bill but it only calls for a needs assessment. Fortunately, California and Maine’s EPR laws do not include taxing paper products.  Unfortunately, Colorado, Oregon, Maryland, Minnesota, and Washington’s EPR laws include taxing both paper and plastic packaging and paper products, including greeting cards.  With exception of Minnesota and Maryland, all laws contain exemptions for small businesses with gross revenues of $5 million or less.  For Minnesota and Maryland the threshold is $2,000,000.

As more states look to pass EPR legislation, GCA is engaging in advocacy to encourage exclusions for paper products and/or greeting cards specifically.  While state sales minimums may currently limit the financial impact to the majority of GCA members, the precedent these bills set is problematic, and experience shows that revenue minimums can be reduced in future years.  Moreover, the message that greeting cards should be treated the same as junk mail that immediately goes into the recycling bin is not desirable messaging for our industry.

EPR by State– The following graphic from the American Forest & Paper Association (AF&PA) shows which states have enacted EPR laws and which states are expected to pass EPR in 2024.  We will update this map as the year unfolds and will be encouraging engagement from GCA members where and when it can be impactful.  At this point state legislatures are winding down activity heading into the election but EPR efforts are expected to ramp up quickly after the election and at the beginning of next year.  The outcome of the election will determine prospects for bills in many states.

Enacted States

A side-by-side comparison of enacted EPR bills may be found here.

CA- SB54 passed and is 18 months into implementation.  The needs assessment will begin soon; we expect completion in 2025.  Moving forward, expect to see a list confirming recyclable categories. The Circular Action Alliance has been selected as the Producer Responsibility Organization (PRO).  The PRO is responsible for administering the EPR program. There can only be one PRO for the first 10 years. Producers’ fees start upon approval of a plan or January 1, 2027, whichever is sooner. Action on definitions under the bill is due to begin on July 4, 2024.

CO- HB 22-1355 passed and the needs assessment is complete.  Three options were under consideration. The medium scenario has been approved. The advisory council has met 14 times.  Producers’ fees start no later than Jan. 1, 2026. Monthly updates are being provided to the CO advisory board.  https://cdphe.colorado.gov/hm/epr-advisory-board  They are expecting clarity in July on what fees for producers may look like.  The producer registration deadline is July 1, 2025 and reports are due on July 31, 2025.

MD- SB901 was signed into law on May 13, 2025 and is moving forward with an aggressive implementation schedule. Some think that MD will get out in advance of MN. Unlike other bills, the threshold for exempted producers is $2,000,000. MD environmental department is planning an aggressive implementation schedule:

• July 2026: PRO Registration with Department of Environment (Department)
• July 2026: Producers May Develop and Operate Alternative Collection System
• July 2027: Department Develops Statewide List of Covered Materials
• July 2028: Draft Plans Submitted
• July 2028: Reimbursement Rate Established for 50% of Cost Per-Ton of Covered Material
• January 2029: Service Providers Register
• July 2029: First Annual Reports Due
• July 2029:  Reimbursement Rate Established for 75% of Cost Per-Ton of Covered Material
• July 2030: Reimbursement Rate Established for 90% of Cost Per-Ton of Covered Material
• July 2033: Additional Entities May Apply to Serve as Producer Responsibility Organization (PRO)
• July 2033: Initial Program Plan Expires Unless Renegotiated, Renewed, or Amended by the Department
• July 2034: Needs Assessment Initiated
• TBD: Date to be Established by Regulation – Prohibition on Introduction of Covered Material Unless Participating in EPR Program

ME– LD 1503 passed and the implementation phase is underway. Producers’ fees start in 2026. There will be a hearing on March 7^th.  The written comment deadline is March 17^th.  They do expect a good amount of engagement.  They are pleased with the number of changes to the draft regulations so far.  There has been good progress.  The result is not perfect but it shows positive responses to inputs.

MN- HF3911 The Packaging Waste and Cost Reduction Act passed as part of the annual budget process. It combines some of the most unfavorable elements of the other EPR bills being implemented.  It covers paper products and packaging including greeting cards and has a low $2 million global gross revenue exemption threshold.  The law has a lengthy implementation timeline and producer responsibility will not begin until February 1, 2029.  There will likely be efforts to expand the list of excluded products to cover greeting cards in the next session. MN Pollution Control Agency released its first EPR Fact Sheet. https://www.pca.state.mn.us/sites/default/files/w-ps1-05b%20.pdf   The examples of B2B exemption appear too narrow.

OR- SB 582 passed and implementation is underway. In an attempt to exclude greeting cards from the program, GCA’s Vice President for Public Affairs delivered two statements to the Oregon Recycling System Advisory Council during their exclusionary request hearings.  Unfortunately, it is expected that greeting cards will remain in scope, despite the stated intentions of the legislation’s authors.  GCA’s statements will ideally set the stage for corrective legislation that carves out greeting cards in 2025. Producers’ fees start by July 1, 2025.  The Circular Action Alliance is currently the only candidate for the PRO. The process is delayed.  DEQ is indicating it will not approve the CAA application and is looking at another vendor and the application deadline has been extended.

WA- SB5284 was enacted in April but is awaiting signature into law.  Like Minnesota, it applies to paper and packaging but is limited to residences, not businesses.  Only consumer-facing product would be in scope.  It included eco-modulation provisions.  Exemptions include:

(26) “Paper product” means paper sold or supplied to a consumer for personal, noncommercial use, including flyers, brochures, booklets, catalogs, magazines, printed paper, and all other paper materials except for: (a) Bound books; (b) conservation-grade and archival-grade paper; (c) newspapers, including supplements or enclosures; (d) magazines that have a circulation of fewer than 95,000 and that includes content derived from primary sources related to news and current events; (e) copy paper; (f) paper for use in building construction; and (g) paper that could reasonably be anticipated to become unsafe or unsanitary to handle.

Full documents are at this link: https://app.leg.wa.gov/BillSummary/?BillNumber=5284&Chamber=Senate&Year=2025

The implementation process is set to begin on July 27, 2025 and the first obligation date will be March 2026.

Pending States

IL- IL Manufacturers Association is facilitating applications for the study group, which is supposed to be completed by January. Work has still not commenced.

MA- In the second year of the 2-year legislative cycle.  At this point, they are required to give time to every single bill that is introduced.  None of the EPR bills tracked last year came out in the same form, they have been assembled into 2 aggregate bills.  One is a plastics ban and the other is EPR-focused.  SB570 is the plastics bill.  It combines 9 earlier bills.  HB4263 is the EPR bill.  It is a redraft of earlier bills and includes post-consumer provisions.  Beverage containers are exempted.  The next step is to refine the bills and to determine what could move forward but it is not a high-priority activity.  The initial focus is on paint and mattresses and plastic and paper packaging will be examined later in the year in October.  We can expect to see legislation in 2026.

NJ- A new EPR bill has been introduced (S3398)   It appears to be packaging only. Sen. Bob Smith may consider the bills in the Senate Environmental Committee.  It is not clear if it will be discussion only or if a vote would be held.

NY– Keeping eye on Harkum/Glick bill. The sponsors made it pretty clear they would not consider the alternate Martinez/Jackson bill and have held to that position. Democrats conferenced in both chambers. Cleared to be added to Senate calendar between now and June 12 adjournment date. Bill cleared Senate last year and passage is likely again this year. The outcome is less clear in the Assembly. Looks like it may fall short of needed votes in part because some Democrats favor the Martinez/Jackson bill. AF&PA is monitoring but hoping the effort will fall short. There could be a process to consider provisions of respective bills and make changes there could be some effort to mesh content.

RI- Session ends in June. EPR bills were introduced late in April and May. 3 bills are being considered: 1 EPR 1 Bottle 1 Combined. Both bills include paper products. AF&PA believes it had impact in the hearings. Lack of definition of producer and exemptions highlighted the need for changes. Andrea Sirling, contract lobbyist for AF&PA is setting up meetings and they hope they can prevent further progress.

Want to learn more? GCA hosted a webinar in August 2025 titled “EPR Demystified: What U.S. Packaging Laws Mean for Greeting Card Companies” – Click here the view in the GCA Resource Center