State EPR Legislative Tracker — All 50 States
Extended Producer Responsibility: Packaging & Paper Products | Last updated: August 3, 2026 | Update status and notes as legislation changes.
Status:
Active Program
Enacted / Signed
Pending / In Legislature
Needs Assessment
Stalled / Failed
No Activity
Active Program
Enacted / Signed
Pending / In Legislature
Needs Assessment
Stalled / Failed
No Activity
7 Enacted
2 Active Programs
8 Pending Bills
5 Needs Assessment
3 Stalled
25 No Activity
3 Facing Litigation
| State | Status | Legislation / Bill | Notes | Next Deadline |
|---|---|---|---|---|
| OregonSB 582 (2021) | ActiveLitigation | Plastic Pollution & Recycling Modernization Act | First live U.S. packaging EPR program (Jul. 1, 2025). PRO: CAA. Fees invoiced Jan. and Jul. 2026. Two active federal lawsuits: (1) NAW v. Feldon — Feb. 6, 2026: preliminary injunction granted (NAW members only). Trial concluded Jul. 17, 2026; ~34 hours of testimony. Days 1–3 (NAW): fee unpredictability (Dr. Thomas), supply chain burdens (Harbor/WCP), economic feasibility (Dr. Lakhan). Days 4–5 (Oregon): DEQ modeling; Scott Cassel (PSI) testified RMA aligns with 16 EPR elements. Judge Simon identified 6 specific questions for post-trial briefs — outcome may hinge on whether CAA’s powers give producers constitutionally sufficient process. Post-trial briefs due Jul. 31; ruling expected by end of Aug. 2026. (2) Lollicup USA v. Feldon (filed Jun. 25, 2026) — putative class action by TX food serviceware manufacturer seeking to extend constitutional protections to all non-NAW Oregon producers. Jul. 16, 2026: stipulation entered — DEQ will not issue pre-enforcement notices to Lollicup or putative class members through at least Aug. 31, 2026 (pending NAW ruling); all Lollicup deadlines struck. CAA is not a party — can still assess fees, publish non-compliance lists. Apr. 9, 2026: DEQ published first Producer Status List (~300 non-compliant producers); penalties up to $25,000/day. HB 4030 B2B exclusion/exemptions pending. | Jul. 31, 2026 Post-trial briefs due Aug. 31, 2026 Lollicup enforcement pause Ruling expected end of Aug. 2026 |
| ColoradoHB 22-1355 (2022) | ActiveLitigation | Producer Responsibility Program for Statewide Recycling | Fees began Jan. 1, 2026. PRO: CAA. Registration completed Oct. 2024. Two active lawsuits: (1) ILMA v. CDPHE (filed Mar. 12, 2026, Denver District Court, Case No. 2026CV30902) — challenges CDPHE’s approval of Interchange 360 (LPMA’s individual program plan for lubricant packaging), alleging LPMA does not qualify as a “producer” under HB22-1355 and that fee delegation violates due process and First Amendment. No injunction sought; Colorado program remains in effect. CDPHE argues ILMA’s claims are untimely and CAA/LPMA should be named parties. Unresolved. (2) NAW v. Ryan (filed Jul. 30, 2026, federal court, Case No. 1:26-cv-03460) — NAW’s third state EPR challenge; raises Due Process (fee-setting delegation to CAA without oversight), First Amendment (compelled CAA membership and speech, ban on disclosing fees to customers), and interstate commerce claims. Preliminary injunction motion filed — seeks to halt enforcement while case proceeds. NAW represented by New Civil Liberties Alliance (Andrew Morris & Jacob Huebert). Producers have been required to participate since Jul. 1, 2025; fees began Jan. 2026. May 2026: bill to allow fee appeals failed. CAA admin dues to CDPHE due Jun. 30, 2026; 2027 dues released Oct. 2026. | Oct. 2026 2027 dues released Monitor NAW v. Ryan PI ruling |
| CaliforniaSB 54 (2022) | EnactedLitigation | Plastic Pollution Prevention & Packaging Producer Responsibility Act | Regulations finalized May 1, 2026 (OAL approved). PRO: CAA submitted initial program plan Jun. 15; public comment open until Aug. 14; final plan Oct. 2026. Jul. 17, 2026: CalRecycle SB 54 Advisory Board meeting held (Sacramento). Three active lawsuits on SB 54: (1) Jun. 2, 2026: NRDC, Californians Against Waste & Oceana filed state court petition (S.F. Superior Court) alleging final regulations weakened SB 54; Jul. 1, 2026: American Chemistry Council + Alliance of CA Farmers & Ranchers filed motions to intervene on state’s side. (2) Jun. 22, 2026: 17-state coalition + NAW filed federal suit (Nebraska v. Heller, E.D. Cal.) challenging SB 54 — Commerce Clause, First Amendment, improper delegation to CAA; under seal; compliance obligations remain in effect. (3) SB 343 injunction (Jul. 15, 2026): Federal Judge Hayes granted preliminary injunction blocking SB 343 “truth in labeling” enforcement — Oct. 4 date paused. FPA, AF&PA, and 16+ groups prevailed on First Amendment grounds. Jul. 27, 2026: Earth Island Institute and Californians Against Waste filed to intervene on the state’s side in the SB 343 lawsuit. Ninth Circuit appeal likely. Injunction raises questions for SB 54 recyclability criteria. PACK Act (H.R. 6832) House E&C hearing held Jul. 22. EPS food service ware ban in effect since Jan. 1, 2025. | Aug. 14, 2026 CAA program plan public comment SB 343 enforcement: BLOCKED Oct. 2026 Final plan to CalRecycle |
| MaineLD 1541 (2021) | Enacted | An Act to Support and Improve Municipal Recycling Programs | Jun. 15, 2026: Maine DEP issued RFP for a Stewardship Organization (SO). SO proposal deadline: Aug. 3, 2026. CAA has confirmed it intends to respond. Maine DEP has revised its implementation schedule: registration and invoicing now expected to begin end of 2026 (slipped from May/July); first municipal reimbursements now expected end of 2027. Producers remain on hold until DEP contracts with SO. LD 1423 (Jun. 2025) + Feb. 2026 amendments aligned definitions with other states. Maine DEP website confirms: “The Department anticipates that registration and invoicing will begin at the end of 2026, and that reimbursements to municipalities may begin at the end of 2027.” Startup fees due within 180 days of SO contract effective date. | Aug. 3, 2026 SO proposals due Registration/invoicing: end of 2026 Municipal reimbursements: end of 2027 |
| MinnesotaHF 3911 (2024) | Enacted | Packaging Waste and Cost Reduction Act | PRO (CAA) appointed Feb. 2025. Producers registered Jul. 2025. Simplified supply reports due May 31, 2026. Jul. 1, 2026: PRO must register with Minnesota Pollution Control Agency (MPCA) — deadline now passed. PRO stewardship plan due Oct. 1, 2028. Producers must operate under approved stewardship plan by Jan. 1, 2029. PRO must cover 50% of recycling costs by Feb. 2029, 90% by 2031. Full program implementation not expected until 2030. | Oct. 1, 2028 PRO stewardship plan due Jan. 1, 2029 Producers under approved plan |
| MarylandSB 901 (2025) | Enacted | Environment — Packaging and Paper Products — Producer Responsibility Plans | Signed May 13, 2025. Unique: allows multiple PROs. CAA only approved PRO to date. MDE published proposed implementing regulations Feb. 6, 2026. Jun. 9, 2026: CAA began implementation of the Maryland programme plan. Jul. 1, 2026: Producers must join CAA or submit individual plan to MDE — this deadline is now days away. MDE to list covered materials by Jul. 1, 2027; PRO submits responsibility plans by Jul. 1, 2028. Lowest small-producer exemption threshold of any state: under $2M global gross revenue. | Jul. 1, 2026 Join PRO or register with MDE (deadline imminent) |
| WashingtonSB 5284 (2025) | Enacted | Recycling Reform Act | Signed May 17, 2025. PRO: CAA registered with Dept. of Ecology Mar. 1, 2026. Simplified supply reports due May 31, 2026. Jul. 1, 2026: Producer PRO registration deadline now passed — producers must be members of a registered PRO or have filed individual plan. After Mar. 1, 2029 non-registered producers may not sell covered materials in state. Statewide collection lists and needs assessment due Dec. 31, 2026. PRO stewardship plan due Oct. 1, 2028. Producers must cover 50% of costs by Feb. 15, 2030; 90% by Sept. 1, 2026 (PRO one-time dept. payment). Full program not expected until 2030. | Sept. 1, 2026 PRO one-time dept. payment Dec. 31, 2026 Collection lists & needs assessment |
| New YorkSB 1464A / AB 1749 | Stalled | Packaging Reduction & Recycling Infrastructure Act (PRRIA) | Failed for third consecutive year. Assembly Speaker Carl Heastie confirmed the bill would not receive an Assembly floor vote before the Jun. 10, 2026 adjournment, citing insufficient votes. The Senate had passed the bill in 2024 and 2025; the 2026 version (with ~150 amendments) also passed the Senate. Heastie acknowledged major differences remain, including with Gov. Hochul who favors a less aggressive approach. Opposition: 80+ business associations, AF&PA (cost study: $732/yr per family of four), American Chemistry Council, Flexible Packaging Association, and packaging industry groups. Supporters: NRDC, Sierra Club, Consumer Reports, Riverkeeper, 130 faith leaders, NYC DSNY ($150M/yr projected savings). Bill requires reintroduction in next legislative session (Jan. 2027). Labeling legislation also failed this session. | Failed Jun. 10, 2026 Reintroduction Jan. 2027 |
| New JerseySB 614 / SB 673 (2026) | Pending | Packaging Product Stewardship Plans | Reintroduced Jan. 2026. Would require producers to adopt packaging stewardship plans. A second bill (Jan. 2026) would require plastic packaging producers to reduce packaging weight annually and restrict additional substances under the Toxic Packaging Reduction Act. Recyclability labeling legislation also refiled for 2026. Recycled Content Law already on books for rigid plastic containers and plastic bags. | — In committee |
| MassachusettsS.3050 / H.926 (2026) | Needs Assessment | Mass Ready Act (S.3050) — Packaging EPR Not Included | Apr. 16, 2026: Senate passed S.3050 (Mass Ready Act, $3.6B bond bill) 36-3 — includes paint EPR and single-use plastic bag ban, but packaging EPR was excluded. The EPR Commission’s Jan. 15, 2026 final report deferred a packaging EPR recommendation and instead called for a needs assessment; an amendment to fund the assessment ($1.2M) was rejected. A separate amendment to add battery EPR was also withdrawn. S.3050 now heads to the House. Formal legislative session ends Jul. 2026; packaging EPR could advance in informal session or must be reintroduced in 2027. State still in active session. New Jersey and Virginia are the only other states with bills carrying over to 2027. | Jul. 2026 Formal session ends Monitor House action on S.3050 |
| IllinoisHB 4064 (2025) | Pending | Extended Producer Responsibility and Recycling Refund Act | Introduced May 2025; remains in committee. Public Act 103-0383 requires statewide recycling needs assessment with findings due Dec. 1, 2026. Needs assessment is also active under Washington’s 2026 timeline, suggesting state-level coordination on methodology. | Dec. 1, 2026 Recycling assessment due |
| New HampshireHB 1789 (2026) | Pending | Packaging EPR Bill | Introduced Jan. 7, 2026. Proposes a packaging EPR program with stewardship fees. One of the first EPR bills introduced in a new legislative session in 2026. | — In committee |
| WisconsinSB 772 / AB 772 (2026) | Pending | Packaging EPR Bill | Introduced early 2026. One of two states (alongside New Hampshire) to introduce packaging EPR bills in the new 2026 legislative session. In committee. | — In committee |
| NebraskaLB 607 (2025) | Pending | EPR Data Collection & Recycled Content Bill | Introduced Jan. 22, 2025; heard by Natural Resources Committee Feb. 2025 but not enacted. Carried over to 2026. Requires producers to register and annually report data on covered products. Includes minimum recycled content requirements. | — Monitor legislature |
| VermontSB 139 (2025) | Pending | Statewide Recycling Needs Assessment Bill | Considering a statewide needs assessment as a precursor to full EPR legislation. Vermont has followed a similar trajectory to New York, California, and Illinois in its legislative approach. | — Under consideration |
| GeorgiaHB 1237 (2026) | Pending | Pollution Prevention and Producer Responsibility Act of 2026 | Introduced Feb. 6, 2026. Would establish a producer responsibility program covering packaging, paper products, and beverage containers. Creates a Producer Responsibility Advisory Board, sets recycling/composting standards, reduces toxins, and provides financial assistance for reuse initiatives. Small producer exemption: under 1 ton/year AND under $2M global gross revenue. Also includes a deposit return system component. Bill path remains uncertain; growing stakeholder engagement underway. | — Monitor legislature |
| North CarolinaHB 882 (2025) | Pending | Packaging EPR & Toxic Substances Bill | Filed Apr. 2025. Would establish a full EPR program for packaging and ban certain toxic substances in packaging materials, including intentionally added PFAS. Identified by multiple 2026 sources as one of the top states to watch for new packaging EPR legislation. Bill remains active; no confirmed floor vote as of May 2026. Considered among a wave of states — alongside Virginia, Michigan, and New Mexico — where legislative interest may yield activity in 2026 depending on political will. | — Monitor legislature |
| HawaiiHB 750 (2025) | Needs Assessment | EPR Packaging Needs Assessment | Signed May 27, 2025. Dept. of Health began assessment Jul. 2025 with advisory council evaluating gaps and potential for a packaging EPR program. Assessment report due to legislature Dec. 31, 2027. Considered a direct precursor to full legislation. | Dec. 31, 2027 Assessment report due |
| Rhode IslandHB 6207 (2025) | Needs Assessment | Statewide Recycling Needs Assessment | Signed Jun. 30, 2025. Combined deposit-return system and packaging/printed-paper EPR provisions; needs assessment report due Dec. 2026. Follows Maryland’s 2023 path — Maryland’s own assessment led directly to its 2025 packaging EPR law. CMI identifies Rhode Island as top state to watch for joint EPR + deposit-return system enactment. | Dec. 2026 Assessment report due |
| ConnecticutFeasibility Study | Needs Assessment | Packaging EPR Feasibility Study | Considering a feasibility study (projected report due Jan. 15, 2027 if passed). Already enacted a Recycled Content Law (PRC mandates) and HB 5019 (2025) for battery producer responsibility. Active advocacy for packaging EPR. Identified in 2026 as a state where legislative interest may yield activity depending on political will. | Jan. 15, 2027 If study bill passes |
| IowaAdvocacy Stage | Needs Assessment | EPR Advocacy / Early Stage | Active advocacy efforts underway. Identified as a state with EPR momentum. No formal bill or assessment legislation enacted to date. | — Monitor advocacy |
| TennesseeSB 269 / HB 600 (2025) | Stalled | Waste to Jobs Act | Gained Republican sponsor Mar. 2026, showing bipartisan promise. Passed over for further action Mar. 11, 2026 in Senate Energy, Agriculture & Natural Resources Committee. Chair indicated EPR conversation to continue summer 2026. | — Summer 2026 discussions |
| MichiganH 882 (2025) | Stalled | Break Free From Plastic & Forever Chemicals Act | Filed Apr. 2025. Includes a packaging EPR framework and toxics restrictions. Currently stalled in the House Rules Committee. Identified in 2026 alongside Virginia and New Mexico as states where new proposals may emerge depending on political will. | — Stalled in Rules Committee |
| Alabama— | No Activity | — | No packaging EPR legislation introduced or pending. ADEM proposed revisions to recycling rules in 2025 (first update in 15 years) but no EPR component. | — |
| Alaska— | No Activity | — | No packaging EPR legislation introduced or pending as of May 2026. | — |
| Arizona— | No Activity | — | No packaging EPR legislation introduced or pending as of May 2026. | — |
| Arkansas— | No Activity | — | No packaging EPR legislation introduced or pending as of May 2026. | — |
| Delaware— | No Activity | — | No packaging EPR legislation introduced or pending as of May 2026. Delaware has existing product-specific EPR for electronics and paint. | — |
| Florida— | No Activity | — | No packaging EPR legislation introduced or pending as of May 2026. | — |
| Idaho— | No Activity | — | No packaging EPR legislation introduced or pending as of May 2026. | — |
| Indiana— | No Activity | — | No packaging EPR legislation introduced or pending as of May 2026. | — |
| Kansas— | No Activity | — | No packaging EPR legislation introduced or pending as of May 2026. | — |
| Kentucky— | No Activity | — | No packaging EPR legislation introduced or pending as of May 2026. | — |
| Louisiana— | No Activity | — | No packaging EPR legislation introduced or pending as of May 2026. | — |
| Mississippi— | No Activity | — | No packaging EPR legislation introduced or pending as of May 2026. | — |
| MissouriHB 3504 (2026) | No Activity | Packaging EPR Bill | HB 3504 introduced 2026 session; referred to House Emerging Issues Committee May 15, 2026. Considered a political longshot given legislative dynamics, but demonstrates sustained interest in producer-focused packaging policy. SPC and EY both identify Missouri as one of the “unexpected” states emerging in 2026 packaging EPR discussions alongside Georgia, Nebraska, and Wisconsin. | — Monitor committee |
| Montana— | No Activity | — | No packaging EPR legislation introduced or pending as of May 2026. | — |
| Nevada— | No Activity | — | No packaging EPR legislation introduced or pending as of May 2026. Legislature meets biennially (next session 2027). | — |
| New Mexico— | No Activity | — | No packaging EPR legislation introduced or pending as of May 2026. Identified in 2026 alongside Virginia and Michigan as a state where new proposals may emerge depending on political will. | — |
| North Dakota— | No Activity | — | No packaging EPR legislation introduced or pending as of May 2026. | — |
| Ohio— | No Activity | — | No packaging EPR legislation introduced or pending as of May 2026. | — |
| Oklahoma— | No Activity | — | No packaging EPR legislation introduced or pending as of May 2026. Recyclability labeling legislation on radar for 2026. | — |
| Pennsylvania— | No Activity | — | No packaging EPR legislation introduced or pending as of May 2026. | — |
| South Carolina— | No Activity | — | No packaging EPR legislation introduced or pending as of May 2026. | — |
| South Dakota— | No Activity | — | No packaging EPR legislation introduced or pending as of May 2026. | — |
| Texas— | No Activity | — | No packaging EPR legislation introduced or pending as of May 2026. Texas legislature meets biennially (next regular session Jan. 2027). | — |
| UtahHB 177 (2025) | No Activity | Glass Recycling Study Bill | HB 177 (2025) mandates a study to increase glass recycling. Not an EPR packaging law but reflects recycling policy interest. No EPR packaging bill introduced. | — |
| VirginiaPrior proposal | No Activity | Packaging EPR (prior session) | Prior legislative session proposal noted as one to watch for potential reintroduction. No confirmed active bill in 2026 session as of May 2026. Identified alongside New Mexico and Michigan as a state where new proposals may emerge depending on political will. | — Monitor legislature |
| West Virginia— | No Activity | — | No packaging EPR legislation introduced or pending as of May 2026. | — |
| Wyoming— | No Activity | — | No packaging EPR legislation introduced or pending as of May 2026. Legislature meets biennially. | — |
Sources (as of August 3, 2026): Holland & Knight, Faegre Drinker, O’Melveny, Hogan Lovells, Sidley Austin, Freshfields, Mayer Brown, National Law Review, Compliance & Risks, Trayak, Assent, EcoEnclose, Sustainable Packaging Coalition, Resource Recycling, Recycling Today, PPAI, Lovat Compliance, Adams & Reese, Printing United Alliance. |
PRO = Producer Responsibility Organization | CAA = Circular Action Alliance |
This tracker covers packaging & paper EPR only. Product-specific EPR (paint, electronics, mattresses, batteries, textiles) tracked separately. |
To update: edit the
PRO = Producer Responsibility Organization | CAA = Circular Action Alliance |
This tracker covers packaging & paper EPR only. Product-specific EPR (paint, electronics, mattresses, batteries, textiles) tracked separately. |
To update: edit the
data-s attribute and badge class for the relevant state row, then update notes and deadline.