AMERIPEN, the only organization exclusively focused on fair policy for all stakeholders across the packaging value chain, commends Maryland policymakers for their quick action to pass SB 901. If signed by Governor Wes Moore, this law would become the sixth packaging Extended Producer Responsibility (EPR) bill passed in the country, helping to establish modernized recovery and processing solutions for a more circular economy for paper and packaging.

Maryland’s EPR bill was passed by the state legislature following a thorough needs assessment and several years of policy development. Led by Senator Malcolm Augustine and other key stakeholders, the state’s EPR bill is the product of significant effort that aligns key definitions with Minnesota’s 2024 law. This provides consistency across states in funding methodologies and the role of a producer responsibility organization (PRO).

“As an organization dedicated to impartial, science-based solutions, AMERIPEN is proud to have supported SB 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,” said Rob Keith, AMERIPEN Policy & Membership Director. “We are equally appreciative of Maryland legislators who engaged with these subject matters experts to ensure goals will be both achievable and productive for businesses, governments, and constituents.”

Key elements of the new law include:

Key Producer & 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 may 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 producer responsibility organization must report annually to MDE on the progress toward meeting plan requirements and goals.

Key Provisions

Covers both 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

Recycling service provider may request reimbursement from a producer responsibility organization 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
• ≥ 90% of cost per ton by July 1, 2030

“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,” said Maryland Senator Malcolm Augustine, who introduced SB 901. “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 is proud to have supported Maryland’s data-driven EPR legislation and hopes that other states will follow suit as they consider similar legislation in the future. The association stands ready to work with stakeholders across the packaging value chain to ensure seamless implementation and regulatory compliance. AMERIPEN will continue working with Maryland legislators to ensure that the state’s ambitions of world-class packaging recovery infrastructure are achieved.

For more information about AMERIPEN, visit www.ameripen.org.