A bill proposed in the Minnesota Legislature on Tuesday would require all packaging in the state to be reusable, recyclable, or compostable by 2032.
The Packaging Waste and Cost Reduction Act (House File 3577 and Senate File 3561) aims to take on a significant burden in Minnesota’s waste stream: single-use plastics and other hard to recycle materials that wrap around the millions of products purchased in the state each year.
Packaging and plastics are a growing waste category that needs addressing, according to Representative Sydney Jordan, DFL-Minneapolis, a bill co-author. The law will create a system that gives companies an incentive to reduce waste and switch to easy-to-recycle materials in packaging. Those companies would also be responsible for funding the system.
“We as a society have punted on waste and environmental justice over and over again,” Jordan said in an interview. “This will fundamentally make it so there is less stuff to burn and throw in landfills.”
If the bill passes, Minnesota would be the fifth state to adopt what are known as extended producer responsibility laws. Such laws aim to shift the cost of recycling onto product producers, and place state oversight over how products are packaged. California, Colorado, Maine, and Oregon passed extended producer responsibility laws in recent years. The policy is also established in Canada.
Minnesota’s law proposes creating a nonprofit Producer Responsibility Organization by 2025. Fees paid by members of the organization will fund the program, which would be overseen by the Minnesota Pollution Control Agency (MPCA). By 2027, the MPCA would release a list of recyclable and compostable materials, and the agency would update that list every five years. All brands selling products in the state would need to register with the Producer Responsibility Organization by 2029.
The law would increase regulation of packaging materials, leading up to a ban by 2032 on selling any product with packaging that is not compostable, recyclable, or reusable.
Pollution from single-use plastics is growing, according to Mary Kosuth, a Ph.D. candidate who researches microplastics at the University of Minnesota. Each year, researchers are learning that microplastic contamination in Minnesota waters is worse than previously thought, she testified at the hearing on the House bill Tuesday. She supported limiting the source of those pollutants.
“Plastic trash is a systemic problem that cannot be solved by individual choices,” Kosuth said.
The bill is supported by Twin Cities metro counties, who say it will help them reach a state-mandated goal to recycle or compost 75% of all waste by 2030. Currently, recycling rates in the metro hover around 45%, according to the MPCA.
The MPCA supports the bill and says it will help the state meet its goals, Assistant Commissioner Kirk Koudelka testified.
Recycling rates are stagnant today, according to Ramsey County Commissioner Victoria Reinhardt, who also testified in support of the bill. The legislation could help shift cost burdens off local governments and consumers, and help recycling and composting rates reach the next level, she said.
One motivation for metro legislators backing the bill is to help shutter the Hennepin Energy Recovery Center (HERC) trash incinerator in Minneapolis, Jordan said. She hears from constituents constantly about the HERC, and was one of several lawmakers who signed a letter to county commissioners pledging legislative support aimed at speeding the process to close the incinerator.
“With the passage of this bill, Minnesota can join the ranks of national zero-waste leaders working to create a future where less waste is created in the first place, where everyone shares responsibility, and where everyone benefits from more accessible services,” said Hennepin County Board Chair Irene Fernando.
The bill is opposed by several industry groups who asked for exemptions for makers of medical devices, paper products, and large appliances.
Jordan and Senator Kelly Morrison, DFL-Deephaven, worked with Minnesota recyclers and environmental groups over the summer to craft the legislation. Packaging waste is becoming such a burden to the waste industry that without new regulations, many insiders fear being overwhelmed.
“The growing packaging crisis is making our work increasingly difficult,” said Lucy Mullany, director of policy and advocacy at Eureka Recycling, a nonprofit that is one of the largest recyclers in Minnesota.
