Focus on… Minnesota

Fifth US state to enact packaging EPR legislation

Earlier this year, Minnesota Governor Tim Walz signed into law the Environment and Natural Resources Supplemental Budget Bill (HF 3911/ SF 3887).

The Bill includes the Packaging Waste and Cost Reduction Act, which establishes an EPR-based waste packaging management framework, making Minnesota the fifth US state to enact packaging EPR legislation.

The Partnership on Waste and Energy (PWE) and the Minnesota Pollution Control Agency (MCPA) heavily supported Minnesota’s Act.

In 2021, the PWE collaborated with the Product Stewardship Institute (PSI) to develop the draft using PSI’s pre-developed model template, facilitating stakeholder agreements that shaped the final bill.

Consequently, Minnesota’s EPR law shares some elements with the packaging EPR legislation of other states.

Key aspects

In-scope products include most types of packaging and paper products introduced into the State, regardless of whether the products are intended for households or businesses.

Producers are not directly subject to operational or takeback requirements, but must join an approved producer responsibility organisation (PRO) by 1 January 2025 and meet packaging sustainability standards (to be established by the commissioner) by 1 January 2032 to ensure that their packaging is:

1. reusable
2. refillable, or
3. included on the ‘recyclable’ or ‘compostable’ material lists

PROs

PROs must be a non-profit corporation and require approval from the commissioner. Initially, while multiple PROs may seek approval, only one PRO will be permitted to register starting 1 January 2025.

This “initial PRO” will operate the packaging regime from 2029 until its stewardship plan expires (expected sometime in 2033).

After this date, additional PROs may seek approval and submit their stewardship plans, allowing for the possibility of multiple PROs operating concurrently. If more than one PRO is established, they must coordinate to prevent redundancy and submit integrated stewardship plans and annual reports.

The commissioner is tasked with establishing a multi-stakeholder advisory board by 1 January 2025 to oversee activities conducted by the PRO(s) and advise the commissioner on the implementation and administration of the law, as well as setting and enforcing statewide recycling/composting/reuse targets and setting deadlines for their achievement.

The targets must be set following consultation with the PRO(s) and the advisory board and must be reviewed every 5 years.

The commissioner must also conduct a needs assessment every 5 years, the first by 31 December 2026, with a preliminary assessment completed by 31 December 2025.

Minnesota is one of the states covered by Landbell Group’s regulatory information service.

Find out more about the service here.