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Maryland’s newly passed packaging EPR bill is based on standard packaging EPR elements that the Product Stewardship Institute (PSI) developed with its members over the past 15 years, which includes requiring producers to fund and manage the recycling system and register with a Producer Responsibility Organization (PRO) to sell their products in the state. The PRO must also submit an implementation plan (鈥渟tewardship plan鈥�) to a multi-stakeholder Advisory Council for review and, ultimately, for approval to the state oversight agency, the Maryland Department of the Environment (MDE).

Another important element of SB 901 is the requirement that the PRO charge fees on producer packaging that incentivize sustainable packaging that can be reduced, reused, recycled, or composted. These eco-modulated fees would, for example, cost a producer more for a package that is made of materials that lack a recycling market than one that has value and can be easily recycled.

Following a trend set in Minnesota’s 2024 packaging EPR law, SB 901 establishes a phased approach to modernizing the state’s recycling system鈥攑ackaging producers will contribute 50% of system costs by July 1, 2028 鈥� 75% by July 1, 2029 鈥� and 90% by July 1, 2030. Funds will go towards maintaining and improving recycling, composting, and reuse programs; statewide education and outreach; and other key program aspects. A key difference in Maryland鈥檚 packaging EPR bill is that it allows multiple PROs to operate from the onset of the program, promoting flexibility and competition within the system, subject to MDE oversight and approval.听

PSI and Trash Free Maryland worked closely in 2021 with original bill sponsor, Delegate Brooke Lierman, to establish the need for a packaging EPR program and craft bill language that included the interests of government, industry, and environmental groups. When Lierman became Maryland Comptroller, Senator Malcolm Augustine championed a revised bill for the next three years. In the House of Delegates, Environment & Transportation Chair Marc Korman and Delegate Dana Stein strengthened and moved the legislation through the House.听Senator Sara Love who, as a Delegate, cross filed the 2023 legislation that laid the foundation of the 2025 legislation and championed the legislation as primary co-sponsor.

鈥淚 am very proud of Maryland鈥檚 EPR for Packaging and Paper Program legislation passed by the General Assembly during the 2025 legislative session,鈥� said Senator Malcolm Augustine, the bill鈥檚 lead sponsor. 鈥淭his legislation will create a more efficient, circular system for managing packaging and paper鈥攔esulting in cleaner communities, less waste, and more sustainable products. I鈥檓 grateful for our partnership with the Product Stewardship Institute, whose policy expertise, guidance, and dedication made a huge difference in getting this across the finish line.鈥�

PSI provided policy analysis and technical assistance throughout the four-year legislative development process, helping to align stakeholders and ensure a workable program structure. The final bill incorporates elements from PSI鈥檚 national packaging EPR model and mirrors key provisions enacted in other leading states. 鈥淏y aligning with best practices from other leading states while including several new elements, Maryland positions itself as a national leader in sustainable materials management,鈥� said Scott Cassel, founder and chief executive officer of the Product Stewardship Institute. 鈥淲ithout the passionate, tireless, and collaborative leadership from Senator Augustine and Senator Love, this bill would not have passed. Once signed, this bill will save Maryland taxpayers tens of millions of dollars each year, reduce waste, increase recycling jobs, and advance a cleaner environment and a more circular economy.”