ALA Update On Extended Producer Responsibility Laws

Last week, the American Lighting Association (ALA) published a great update on extended producer responsibility (EPR) state laws:

Extended Producer Responsibility (EPR) Laws:
State-by-State Update

Extended Producer Responsibility (EPR) laws continue to expand across the United States, requiring producers to finance and support the collection, recycling and end-of-life management of packaging and certain products. Eight states have now enacted packaging EPR laws, with additional states actively considering legislation and several programs facing significant legal challenges. As implementation accelerates through 2026 and beyond, manufacturers should be prepared for varying state compliance obligations.

For lighting manufacturers, distributors, importers and private-label brands, these laws primarily affect the packaging used to sell products, not the lighting products themselves. Most state programs require producers to:

• Register with a Producer Responsibility Organization (PRO)
• Report packaging data
• Pay eco-modulated producer fees
• Meet recycling, reduction, and reporting requirements

Below is an ALA tracker of all state level EPR activity, to help ensure your company stays compliant.
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Oregon (Recycling Modernization Act – SB 582)
Status: Active – First fully operational U.S. packaging EPR program
Passed: August 2021
Producer obligations began: July 1, 2025

Key Compliance Requirements
• Register with Circular Action Alliance (CAA)
• Submit annual packaging reports
• Pay eco-modulated producer fees
• Fund statewide recycling system improvements

Litigation Update
The National Association of Wholesaler-Distributors (NAW) challenged portions of Oregon’s law, arguing it improperly regulates interstate commerce. A federal court granted a preliminary injunction exempting NAW members while the case proceeds.
ALA has filed an amicus brief supporting NAW.
Organizations that have intervened in support of Oregon’s program include:
• Circular Action Alliance (CAA)
• Oregon Beverage Recycling Cooperative
• Association of Oregon Recyclers
• Oregon Refuse & Recycling Association

Trial is scheduled to begin July 13, 2026, and is expected to be one of the first major court decisions addressing modern packaging EPR statutes.

Compliance Resources
• Circular Action Alliance – Oregon
• Oregon Department of Environmental Quality

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California (SB 54 – Plastic Pollution Prevention and Packaging Producer Responsibility Act)
Status: Active implementation
Passed: 2022

Current Status
California finalized implementing regulations on May 1, 2026, allowing implementation to continue while litigation challenging portions of the regulations proceeds. Registration was required by June 30th, 2026.

Key Compliance Requirements
• Join Circular Action Alliance
• Submit producer packaging data during implementation
• Producer fees are expected to begin in 2027

Long-term performance goals include:
• 100% recyclable or compostable packaging by 2032
• 65% recycling rate for single-use plastic packaging
• 25% reduction in plastic packaging

Litigation Update
California’s regulations are being challenged in federal court by a coalition of 17 state attorneys general and the National Association of Wholesaler-Distributors, challenging both the final regulations and portions of implementation authority delegated to CAA.
Separately, litigation involving California’s SB 343 (Truth in Recycling) law also remains pending.

Compliance Resources
• Circular Action Alliance – California
• CalRecycle SB 54

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Colorado (Producer Responsibility Program for Statewide Recycling Act)
Status: Active implementation
Passed: 2022

Key Compliance Requirements
• Register with Circular Action Alliance
• Submit annual packaging reports
• Producer fees begin during phased implementation in 2026
• Support statewide recycling investments

Litigation Update
The Independent Lubricant Manufacturers Association (ILMA) has challenged Colorado’s program. A motion to dismiss has been fully briefed, and ILMA is preparing a motion seeking a preliminary injunction.

Compliance Resources
• Circular Action Alliance – Colorado
• Colorado Department of Public Health & Environment

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Maine (Packaging EPR)
Status: Implementation underway
Passed: 2021

Key Compliance Requirements
Unlike most states, Maine uses a state-administered reimbursement model rather than a traditional Producer Responsibility Organization.
Producer registration, reporting, and reimbursement requirements continue to phase in as rulemaking progresses.

Compliance Resources
• Maine Department of Environmental Protection

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Maryland (Packaging EPR)
Status: Active implementation
Passed: 2025

Key Compliance Requirements
Maryland entered implementation during 2026.
Producers should prepare for:
• Registration requirements
• Producer reporting
• Future PRO participation
• Phased producer funding

Compliance Resources
• Maryland Department of the Environment
• Circular Action Alliance

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Minnesota (Packaging EPR)
Status: Early implementation
Passed: 2024

Key Compliance Requirements
• Producer registration underway
• PRO participation required
• Producer funding phases in over several years, eventually shifting most recycling costs to producers

Current Update
Minnesota continues rulemaking and stakeholder engagement. Comments on portions of the implementation framework are due July 24, 2026.

Compliance Resources
• Minnesota Pollution Control Agency
• Circular Action Alliance – Minnesota

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Vermont (Packaging EPR)
Status: Enacted
Passed: 2024

Key Compliance Requirements
Vermont became the eighth state to enact packaging EPR legislation.
Unlike most states, Vermont’s law authorizes multiple Producer Responsibility Organizations (PROs) rather than designating a single statewide PRO, creating opportunities for specialized stewardship organizations.
Implementation and rulemaking are underway.

Compliance Resources
• Vermont Department of Environmental Conservation

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Washington (Recycling Reform Act)
Status: Active implementation
Passed: 2025

Key Compliance Requirements
Washington is beginning implementation of its packaging EPR law, with producer registration and stewardship planning occurring through 2028 ahead of full statewide implementation.

Compliance Resources
• Washington Department of Ecology
• Circular Action Alliance – Washington

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Illinois (Battery EPR)
Status: Active (Product-Specific EPR)
Illinois continues implementing its battery stewardship requirements, which affect producers of covered batteries commonly found in emergency lighting, controls, and connected lighting products.

Key Compliance Requirements
• Participate in an approved stewardship organization
• Finance battery collection and recycling
• Meet labeling and consumer education requirements

ALA recently hosted a webinar explaining Illinois’ battery stewardship requirements.
Compliance Resources
• Call2Recycle
• Illinois EPA

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Rhode Island (Packaging EPR)
Status: Proposed
Packaging EPR legislation remains under consideration but has not yet been enacted.
ALA continues to monitor legislative activity and will provide updates as legislation advances.

Compliance Resources
• https://dem.ri.gov

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States with Active Packaging EPR Legislation or Rulemaking
Several additional states continue to actively consider packaging EPR legislation or are engaged in rulemaking activities, including:
• Illinois
• Massachusetts
• New Jersey
• New York
• Rhode Island
• Tennessee

Although these states have not yet implemented comprehensive packaging EPR programs, legislative momentum remains strong and additional proposals are expected during upcoming legislative sessions.

Key Dates to Watch
• July 13, 2026 – Oregon packaging EPR trial begins
• July 24, 2026 – Minnesota implementation comments due
• Summer/Fall 2026 – Colorado preliminary injunction proceedings expected
• Summer/Fall 2026 – Anticipated ruling on California SB 54 preliminary injunction
• 2026–2027 – Continued implementation of packaging EPR programs nationwide

Impact on the Lighting Industry

While most lighting products themselves are not covered by these laws, nearly every manufacturer, importer, distributor and private-label brand selling packaged lighting products should evaluate whether they qualify as a “producer” under applicable state laws. Registration, reporting, fee obligations and implementation schedules now vary significantly by state, making early compliance planning increasingly important.

In addition, several ongoing legal challenges in Oregon, Colorado and California could shape how future state packaging EPR laws are implemented and interpreted nationwide. ALA is currently considering legal action in California. Manufacturers should continue monitoring developments as states finalize regulations, establish producer reporting requirements and resolve litigation that may influence future compliance obligations.

Both images above: Pexels.com

David Shiller

David Shiller is the Publisher of LightNOW, and Senior Business Development Consultant at Capacity Consulting, a North American consulting firm providing business development services to advanced lighting manufacturers. The ALA awarded David the Pillar of the Industry Award. David has been co-chair of the ALA’s Engineering Committee since 2010. David established MaxLite’s OEM component sales into a multi-million dollar division. He invented GU24 lamps while leading ENERGY STAR lighting programs for the US EPA. David has been published in leading lighting publications, including LD+A, enLIGHTenment Magazine, LEDs Magazine, and more.

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