We continue to see legislative activity related to waste reduction and diversion in 2024. Below is a recap of the major legislation (passed and pending) that is of interest around the country along with a couple around the world. We see several U.S. states passing Right-to-Repair and EPR laws and concerns over plastic pollution are being addressed at both federal and international levels. The Biden-Harris Administration has released a comprehensive strategy to target plastic pollution, the EPA (Environmental Protection Agency) has designated two widely used PFAS chemicals as hazardous substances and set PFAS drinking water standards, while an international treaty is currently in the works to end plastic pollution. Please note that this is not a comprehensive review and only provides a brief overview of current waste policy trends. Click the links for each legislation to learn more.
As we continue to expect more legislation addressing single-use plastic pollution and targeting the amount of waste sent to landfill, companies should consider how they can stay ahead of these regulations and compliance requirements. At the minimum companies should ensure they are:
Following local/state recycling and composting rules
Implementing specialty waste recycling opportunities
Minimizing food waste
Identifying opportunities to embed circularity practices into operations
Right-to-Repair
Colorado Right-to-Repair Expansion (Passed)
Oregon Right-to-Repair Bill (Passed)
EPR
Maryland Paint EPR Bill (In Effect)
Vermont Battery EPR Expansion Bill (Passed)
Washington Lightbulb EPR Bill (In Effect)
Recycling
California Plastic Bags Ban (Passed)
New Hampshire Battery Disposal Ban (Passed)
New York City Zero Waste Act (In Effect)
Food Waste
California Food Date Label (Passed)
Maine Food Waste Reduction Bill (Pending)
Federal
PFAS Contamination Rule (In Effect)
PFAS Drinking Water Standards (In Effect)
International
EU Waste Shipments Regulation (In Effect)
Right-to-Repair
Colorado Right-to-Repair Expansion (Passed)
HB 1121 was signed by the Colorado Governor in May 2024, expanding the state’s right-to-repair statute to include most kinds of consumer electronics, and will go into effect on January 1, 2026. The law also bans parts pairing (as does Oregon’s SB 1596) a practice that allows electronics to operate only with manufacturer-approved parts/software. The expansion applies to digital electronic equipment manufactured and sold or used after January 1, 2021, and has exemptions for certain types of electronic equipment (motor vehicle and aviation equipment, fire alarm systems, medical devices other than powered wheelchairs, and some kinds of construction and energy-related equipment).
Oregon Right-to-Repair Bill (Passed)
Oregon governor signed SB 1596 in March 2024. This right-to-repair bill for consumer electronics goes into effect January 1, 2025. Manufacturers of appliances, laptops and cell phones must provide replacement parts, service manuals and other resources to consumers and third-party repair businesses. It also prohibits manufacturers from “parts pairing” or using software to prevent technicians from properly installing spare parts.
EPR
SB 707 was passed by California State Legislature in August 2024, establishing an EPR program that makes brands responsible for collecting, transporting, sorting, repairing and recycling of clothing and other home textiles. Brands that have recycling/repair programs will pay less into the state program. The program will also fund thrift stores who become collection sites and/or take on sorting, and pay for services of alteration companies, dry cleaners, laundry and repair shops.
Maryland Paint EPR Bill (In Effect)
SB 325 was signed into law in May 2024 and went into effect in July 2024. Maryland is now the 12th state with a paint EPR program. The law requires certain paint producers, distributors and retailers to participate in an EPR program managed by the state’s Department of the Environment (MDE). Interior and exterior paints sold in containers of five gallons or less are covered by the bill. Producers will need to pay annual fees and submit a program plan to the MDE. Starting in 2026, they will also need to comply with certain requirements for tracking paint collection, processing, reuse and disposal methods. The bill also calls for public education programs and accessible paint drop-off sites for residents.
Minnesota’s governor signed budget bill HF 3911 in May 2024 that included EPR legislation known as the Packaging Waste & Cost Reduction Act. The state is now the 5th in the US with a packaging EPR law. The bill sets up an extended producer responsibility system with a producer responsibility organization (PRO) to be appointed by January 2025. Producers are set to cover at least 50% of net recycling costs by 2029, 75% by 2030 and 90% by 2031.
Businesses using single-use packaging in New Jersey must meet the following targets:
By 2027: At least 75% of packaging must be made from post-consumer content.
By 2030: All packaging must be readily recyclable or compostable.
By 2030: Single-use plastic packaging must be reduced by at least 25%.
The Senate Environment and Energy Committee is currently discussing the bill. The legislative session ends on January 13, 2026.
Vermont Battery EPR Expansion Bill (Passed)
Vermont governor signed S.254 in June 2024. The bill expands the state’s 2014 battery EPR law covering household batteries to include rechargeable batteries, battery-containing devices (that are easily removable) and certain medium format primary batteries. The law will also cover larger formats (between 4.4 and 25 pounds) starting in January 2026. The state’s Department of Environmental Conservation is also required to conduct a study on end-of-life management programs for batteries not covered by the program by July 1, 2026.
Washington Lightbulb EPR Bill (In Effect)
HB 1185 was signed into law in March 2024 and went into effect in June 2024. The bill extends the state’s fluorescent bulb stewardship program through 2035 and bans sales of most mercury-containing fluorescent lights by January 2029. The law extends LightRecycle, the statewide fluorescent bulb takeback and recycling program which requires manufacturers to handle the bulbs at end-of-life. The program will now end in 2035 instead of 2025.
Recycling
California Plastic Bags Ban (Passed)
SB 1053 updates a decade earlier ban on low-density polyethylene bags but allowed thicker plastic ones. This updated law bans any plastic bags in stores and allows only recycled paper bags, with a fee, at checkout. The bill also revises the definition of “recycled paper bag” to one that requires bags to contain a minimum of 50% postconsumer recycled materials by January 1, 2028.
New Hampshire Battery Disposal Ban (Passed)
State legislature approved HB 1386 in June 2024 with the bill expanding the state’s battery and electronics disposal and incineration ban to include all electronics and lithium-ion batteries. The bill aims to lower the number of fires at waste and recycling facilities. Towns, solid waste districts and owners/operators of landfills/incinerators are required to provide educational materials and opportunities to recycle these items when possible. New Hampshire is just one of several states passing laws to help increase battery recycling and safety.
New York City Zero Waste Act (In Effect)
This bill establishes a permanent citywide residential curbside collection program for organic waste, requiring residents to separate yard waste and food scraps for weekly collection by the Department of Sanitation. The bill also mandates public outreach to residents, building owners, and maintenance staff. Collections will be offered by city and franchise haulers. Phased implementation will achieve citywide coverage by October 2024.
Lawmakers in Tennessee are considering a bill that would bring recycling to every home in the state. Private-sector companies with gross revenues of $1 million or more would be required to fund recycling. As an incentive, these companies (based in the state and elsewhere), whose packaging would otherwise head to the state’s at capacity landfills, could see lower dues if they reduce packaging. The proposed bill would also require producers of recycling materials to form an independent and nonprofit “Producer Responsibility Organization” or PRO to create Tennessee’s recycling plan. The law would also put in place a ban on packaging containing harmful forever chemicals.
Food Waste
California Food Date Label (Passed)
AB 660 bans consumer-facing labels showing “sell-by” dates and requires food manufacturers to use uniform terminology indicating either “safety” or “quality” dates on their labels. The bill codifies the following terminology:
“Best if used by” or “best if used or frozen by” to indicate the quality date
“Use by” or “use by or freeze by” will indicate the safety date
Manufacturers will need to have labels with this standardized language on all goods manufactured after July 2026.
Maine Food Waste Reduction Bill (Pending)
LD 1009 “An Act Regarding the Reduction and Recycling of Food Waste” was passed by the State’s House of Representatives in March 2024. The bill’s goal is to reduce the amount of food waste going to landfills by requiring commercial/industrial businesses to donate edible food and/or divert other food waste to organics recycling facilities. If signed into law, the bill would initially apply to businesses producing an average of 2 tons/week or more of food waste at a single location. The requirement would later, after 2 years, ramp up to include businesses producing an average of 1 ton/week of food waste.
The Washington state legislature passed HB 2302 in March 2024. The bill enacts new organic material measures and will direct a division with the state’s Department of Ecology to study food donation/recovery systems infrastructure. Compost collection for single-family homes in “urbanized areas” will start in 2027 but local governments will need to provide organics collection to all single-family residents starting April 27, 2024, and will be mandatory three years later. Compostable packaging manufacturers will need to meet a compostability standard set by a third-party organization and the bill also sets strict requirements for what can be labeled “home compostable”. The Department of Ecology will also be responsible for developing a report on compostable produce stickers.
Federal
The Interagency Policy Committee on Plastic Pollution and a Circular Economy (IPC) was formed in 2023 to coordinate a government-wide effort to tackle plastic pollution throughout the plastic lifecycle. In July 2024, the committee released this report outlining existing and future federal actions to address the impact of plastic production, processing, use, and disposal, including focus areas of federal agencies.
PFAS Contamination Rule (In Effect)
In April 2024, the EPA designated two widely used PFAS chemicals, perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act, known as CERCLA or Superfund. The rule helps hold polluters responsible for paying to clean up any contamination by ensuring investigation and cleanup of these chemicals, and that leaks, spills and other releases are reported.
PFAS Drinking Water Standards (In Effect)
The EPA set drinking water standards for multiple types of PFAS in April 2024. The rules also require public water systems to complete initial monitoring for these chemicals within three years and inform the public of the results. If PFAs levels exceed the standards set, then operators must implement solutions within five years.
The Senate passed S.1194 in March 2024. The bill established data collection and reporting requirements for composting and recycling programs. The Environmental Protection Agency (EPA) is required to collect and publish data on recycling/composting rates, critical information needed to evaluate existing recycling and composting programs and to create future recycling policies that will improve them. The EPA will be required to put together several reports, including one on the capability of the US to implement a national composting strategy to reduce contamination rates for recycling.
The Senate passed S.1189 in March 2024. This bill requires the EPA to establish a pilot grant program to improve recycling accessibility in communities. Grants may be awarded to states, local environments, Indian tribes or public-private partnerships. A goal of the program is to use a hub-and-spoke model for recycling infrastructure development that will improve access to recycling in underserved communities.
International
In April 2024, the European Parliament approved new regulations aimed at reducing, reusing and recycling packaging. This new legislation will alter the packaging waste management landscape across the European Union to become more sustainable and less wasteful. The rules cover the full life cycle of packaging and include packaging reduction targets, a ban of certain types of single use plastic packaging after January 2030 and setting thresholds for PFASs use in food contact packaging. Rules also detail the provision of reuse and refill options for consumers, require all packaging (with exceptions for certain materials) to be recyclable, and set minimum recycled content targets for plastic packaging. Pending formal approval by the Council.
EU Waste Shipments Regulation (In Effect)
New regulation on EU waste shipments entered into force in May 2024 and sets stricter rules for the export of waste to non-EU countries. Starting from May 2027, exports of EU waste to non-OECD countries will be allowed only if countries are willing to import the waste and demonstrate that they can sustainably manage it. Export of plastic waste to non-OECD countries will also be prohibited starting November 2026 for 2.5 years. Any EU companies that export waste outside the EU must ensure facilities receiving it can sustainably manage it through an independent audit. The regulation will also facilitate shipments for recycling and increase traceability of materials by digitizing procedures for shipping waste by May 2026 and enforcing transparency requirements for waste shipments within the EU.
A resolution was adopted in March 2022 to create an international legally binding instrument on plastic pollution. The Executive Director of the UN Environment Programme (UNEP) convened an Intergovernmental Negotiating Committee (INC) to head this task. The INC began its work in 2022 and will hold its 5th session from late November to early December 2024. The INC will address the full life cycle of plastic (production, design, and disposal), including the impact on the marine environment. Drafts of this international instrument are available to view here.