Massachusetts Forms an EPR Commission for Packaging and Other Products
On November 21, 2024, Massachusetts enacted legislation likely to accelerate its adoption of new extended producer responsibility (EPR) legislation. Tucked into a new climate law (find a separate alert on the law here), Section 108 of the legislation provides for a special legislative commission on EPR for product categories including, but not limited to, “paint, mattresses, electronics, lithium-ion batteries, plastics and other packaging.” Given this legislative backing for new EPR efforts, manufacturers, retailers, and waste management companies affected by EPR legislation in other jurisdictions should carefully monitor the new EPR commission and ensure it has the data necessary for informed decision-making.
Twenty members will serve on the new EPR commission and the Massachusetts Department of Environmental Protection (MassDEP) commissioner or a designee will chair it. Members will include government legislators, packaging and recycling industry representatives, and nonprofits for environmental protection, public health, and environmental justice. Under Section 108, the commission will host at least four public meetings and solicit public comments on EPR. By January 15, 2026, the commission must share its initial recommendations and findings with relevant legislative committees.
The commission’s recommendations will span such topics as:
- A structure for each product and packaging category, considering collection, processing, and financial responsibility;
- Information on cost impacts for residential curbside collection and transfer station operations, along with processing and management costs for each recyclable material;
- Methods to incentivize production, such as material reduction, reuse, and lifecycle extensions; and
- Impacts on waste generation and contamination reduction.
MassDEP is currently preparing to name the commission in hopes of convening it by early 2025. Engaging early in this process will give affected industries the best opportunity to help guide the Commonwealth on sound policymaking.
Beveridge & Diamond has extensive experience counseling individual companies and industry coalitions on EPR mandates. With an office in Boston, we routinely advise clients on EPR legislative and regulatory advocacy, program formation, program implementation, and enforcement issues at the state, federal, and international levels. The firm also leads a webinar series on environmental issues across the lifecycle of batteries. For more information about this EPR legislation or the battery webinar series, please contact the authors.