AMERIPEN, the American Institute for Packaging and the Environment, announced that it supports the packaging extended producer responsibility (EPR) framework passed by the Minnesota legislature and currently awaiting consideration by Governor Tim Walz. The EPR legislation is unprecedented in its unique framework that aligns with Minnesota’s national leadership on strong recycling and composting infrastructure and one of the country’s highest existing recycling rates.
“Minnesota’s packaging producer responsibility legislation is a fair compromise that establishes a model of shared responsibility and is aligned with AMERIPEN’s key principles,” said Dan Felton, Executive Director of AMERIPEN. “This legislation supports a system that is reliable, efficient and effective, and enables a strong producer responsibility organization (PRO) to ensure that producer fees will directly fund initiatives to increase recycling and composting even further in the state.”
Key elements of the new law include:
- Shared producer responsibility: Packaging producers will begin paying for recycling costs in Minnesota starting at 50% in 2029, 75% in 2020, and 90% in 2031 and beyond, while service providers must also register and meet performance standards for reimbursement based on competitive bids, and local governments will continue to be engaged partners.
- A producer responsibility organization (PRO), formed by packaging producers, will establish a process and reimbursement model for only core recycling functions for residents and limited other entities.
- The PRO, under this framework, can remain focused on core activities without the burdens imposed by EPR laws in other states, such as artificial timelines for arbitrary recycling targets; mandates to fund recycling for massive commercial operations that can manage their own recycling costs or landfilling; and unrelated mandates around packaging composition.
- Good antirust provisions to ensure fair competition among all parties.
The Minnesota packaging EPR legislation before Governor Walz demonstrates that each state is unique and should approach any recycling, composting and packaging policy by first considering its existing infrastructure and laws. It also reflects compromise, and a reminder that legislative debates do not produce perfect policy, but rather a reflection of what may be possible at any given moment.
AMERIPEN stands ready to guide producers and others in the packaging value chain through the implementation of this new law over the next several years and to continue to work with Minnesota policymakers to implement the most reliable, effective, and efficient packaging recovery and recycling systems possible.