Of all the states that have adopted extended producer responsibility (EPR) packaging programs,[1] Colorado is now top of mind for producers in the three programs currently active (i.e., Colorado, California, and Oregon)[2] with Colorado's recent adoption of a regulation that requires producers in the state to register with the producer responsibility organization (PRO) by October 1, 2024 – just weeks away.
Producers who are new to these programs may not realize that they need to complete important and significant tasks before specific statutory deadlines in all states due to the required order of events. Once registered with Circular Action Alliance (CAA) – now acting as the PRO in these states [3] – CAA is prepared to assist producers plan for these essential milestones.
After July 1, 2025, producers will be prohibited from selling products in Oregon and Colorado unless they are participating in their state programs. On January 1, 2027, California's program imposes a similar restriction. Program participation will entail both joining the PRO (or complying on an individual basis for those producers eligible to do so) and paying fees assessed by the PRO to subsidize the programs in these states.
Before payment of fees in each state, however, potential producers must evaluate whether they are producers and in which states, identify the covered materials they use in each state (by reference to each state’s definition of covered materials), categorize the covered materials they use (by reference to each state’s list of covered material categories), collect information about their use of each category of covered materials, generate metrics for the covered materials they use according to the specifications of each state, and input the data into CAA’s portal in the required format.
Only after producers submit information about their use of covered materials to the PRO can the PRO set fee rates in each state and assess fees against producers. Meanwhile the PRO itself is subject to separate deadlines (by statute or in proposed regulations) in each program for reporting data and/or assessment of fees, which will consequently impact corresponding task dates for producers.
For example, in Oregon, program leaders have discussed expectations in Advisory Board meetings that producers will be billed and begin paying fees by July 1, 2025. Oregon’s proposed regulations would facilitate this expectation by requiring producers to register with and report data to the PRO by March 31, 2025. In California, a similar regime of cascading expectations could be triggered by proposed regulations which would require that the PRO charge fees to producers before state approval of the PRO Plan.
In conclusion, to meaningfully prepare for compliance, producers will need to engage with CAA well in advance of the start date of the programs (i.e., when sales are prohibited into the state without participation in the program). CAA has pledged to support producers who register with CAA by providing access to resources and guidance documents. Likewise, to prepare for registration and/or participation, producers may want to consider obtaining a Preliminary Producer Evaluation Report – a report designed by EPR Group to help companies address threshold issues before registration and/or participation with a PRO.
[1] For convenience, we refer to these programs as “packaging” programs, but each program includes other covered materials; collectively, the programs cover packaging, paper, writing paper, and food service ware.
[2] Maine and Minnesota have also adopted EPR packaging programs. Maine was the first state to adopt a program but has not yet solicited applications for its stewardship organization. Minnesota’s program was only passed in May 2024 and is still in the process of launching.
[3] Colorado and California have already selected CAA as the PRO and CAA is preparing to serve as the PRO in Oregon pending Oregon’s approval of the PRO Plan.
This article is for informational purposes only and is not intended as and should not be relied upon for legal advice.
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