Maine packaging waste law needs improvement

The BDN Opinion section operates independently and does not set news policies or contribute to reporting or editing articles elsewhere in the newspaper or on bangordailynews.com

Ashley Luszczki is a government relations specialist at the Maine State Chamber of Commerce.

From setting high water quality standards to creating the Land for Maine’s Future program and enacting the nation’s first extended producer responsibility (EPR) law for packaging, Maine has long embodied its motto — Dirigo (I lead) — in environmental policymaking. These bold policies have helped protect our natural resources and strengthen our communities. Real leadership, however, also requires a willingness to adapt when necessary to ensure policies remain effective, practical, and aligned with evolving realities.

In 2021, Maine led the nation by passing a landmark EPR law for packaging, shifting the financial burden of managing packaging waste away from municipalities and taxpayers and onto the producers that generate it. Following a multi-year stakeholder process, the Board of Environmental Protection voted 4-1 in December 2024 on a detailed rule outlining how the Stewardship Program for Packaging will be implemented.

However, the rule didn’t undergo legislative review before advancing. That decision has left critical concerns raised by Maine’s business community unresolved, including ambiguous definitions, significant cost uncertainty, and growing misalignment with the EPR packaging laws enacted in other states such as California, Colorado, Maryland, Minnesota, and Oregon. A similar law recently advanced through the state of Washington’s House and Senate.

Without addressing these issues, Maine risks launching a program that could burden businesses and consumers with excessive costs and risks discouraging the kind of innovation and investment our economy needs.

Recognizing the need for course correction, Sen. Joe Baldacci, D-Bangor, submitted LD 1423 this session. His legislation proposed what we consider common-sense changes to clarify the law’s definitions, better align Maine’s program with national peers, and prevent unintended economic harm.

The Environment and Natural Resources Committee recently voted to support several improvements championed in Baldacci’s bill including updating the definition of “consumer” to ensure Maine’s businesses aren’t taxed twice — once for the packaging of goods they use and again for what they sell, updating the definition of “producer,” and making enforcement clearer and more equitable across complex supply chains. Importantly, the legislation empowers the Stewardship Organization (the entity who will oversee the program) to review fee structures and assess whether they meaningfully incentivize the use of more recyclable packaging.

The Maine State Chamber of Commerce supports these changes, is grateful for the committee’s willingness to act, and encourages the Legislature to recognize the benefit of these changes when LD 1423 advances to the Senate and House. We believe these updates will help ensure that Maine’s EPR packaging program functions as intended: efficiently, fairly, and sustainably.

Unfortunately, Maine will continue to be an outlier. Unlike other states, Maine’s law makes no exemption for federally regulated products like infant formula, surgical instruments, or chemical solvents, which must adhere to strict federal packaging requirements. Failing to account for this puts businesses selling products in Maine at a disadvantage by forcing them to comply with standards that are unworkable in some cases. This misalignment risks making Maine a less attractive market for innovation and expansion and will cost producers significantly more in Maine compared to states like California where their products and packaging are recognized and exempt.

We commend Baldacci for working to address this issue in LD 1423 and we appreciate the support from committee members like Rep. Dick Campbell, R-Orrington, and Rep. Tammy Schmersal-Burgess, R-Mexico, who voted to exempt federally regulated medical products for humans and animals in a minority vote of the committee.

While the Maine State Chamber wishes the full committee had greater aligned Maine’s program with other states, we are thankful for Baldacci’s leadership in bringing LD 1423 forward, and to the committee for their openness to supporting changes brought by the business community that we believe will strengthen the program from the outset. Baldacci has proven to be a thoughtful leader who recognizes that bold environmental policy and a strong economy aren’t mutually exclusive — they must go hand in hand. With these necessary adjustments, Maine will be one step closer to achieving that balance.