Latest State Activity Per January 2023 Fiscal Note

Categories: Government Affairs

By Bill Balek | January 12, 2023 << Back to Articles Latest State Activity Per January 2023 Fiscal Note

Maine Proposes to Increase Registration Fees for Disinfectants and Other Pesticides

Legislation (HP 12) was introduced in the Maine House of Representatives that would increase the state’s registration fees for all pesticide products including disinfectants and sanitizers intended for use on inanimate surfaces. HP 12 was introduced at the end of 2022 and would increase pesticide registration fees from US$160 to $200 per year.

HP 12 was referred to the Maine House Joint Committee on Agriculture, Conservation, and Forestry for further consideration.

Disinfectants, sanitizers, and other pesticide products must be first registered with the U.S. Environmental Protection Agency (EPA) and then also registered in each and every state in which the pesticide product will be offered for sale.

Growing Number of States Focus on Reducing Plastic Waste

As the world’s population continues to grow, the amount of plastic waste produced also grows exponentially. Millions of tons of virgin plastic are produced each year, and the majority of used plastics are sent to landfills or disposed of into the environment causing harmful plastic pollution.  That is why a growing number of states are enacting laws and regulations in an attempt to stem the tide of growing plastic pollution.

New York State. On January 9, 2023, legislation (SB 1064) was introduced in the New York Senate that would establish a producer responsibility program for packaging by which producers shall be required to make changes to their packaging to reduce consumption of plastic and increase waste reduction. Responsibility shall fall first on producers of the packaging, but if the packaging producer is not within the jurisdiction of New York State, responsibility shall fall on the brand owner or the licensee of the brand or trademark under which the packaging is used.

In addition, NY SB 1064 would require producers to pay fees into the New York State Packaging Responsibility Fund based on the amount, by weight and type, of packaging material sold, offered for sale, or distributed for sale in the state. Producers shall also be responsible for packaging waste disposal.  

Within 18 months of enactment, producers would be required to submit a Producer Responsibility Program Plan to the NYS Department of Environmental Conservation for approval. The Plan must include a description of the types of packaging products for which the producer is responsible along with a description of how the non-reusable packaging reduction requirements and recycling or post-consumer recycled material requirements are addressed.

The bill has been referred to the New York Senate Committee on Environmental Conservation.

Oregon. In late summer of 2021, Oregon enacted its own version of extended producer responsibility legislation. Now, Oregon seeks to augment its EPR law with legislation (SB 544) that was introduced on January 9, 2023. SB 544 directs the Oregon Environmental Quality Commission to establish regulations that would require producers of single use plastic packaging (such as that used for cleaning products) to achieve a 25% reduction of the total weight of plastic single use packaging by January 30, 2030. The Oregon bill would also establish similar requirements for plastic single use food service ware.

The Environmental Quality Commission would also be required to establish regulations that prohibit or limit the use of single use plastic packaging and single use plastic food service ware.

Illinois. The Illinois Plastic Pollution and Recycling Modernization Act (SB 3953) was introduced in early 2022, but has had its chief sponsor changed to Senator Don Harmon at the end of 2022. Senator Harmon is expected to push this legislation early in the 2023 session.

SB 3953 provides that producers of specified covered packaging must register with and be a member of a producer responsibility organization that administers a producer responsibility program. Under SB 3953, producer responsibility organizations would be required to work with recycling system participants in order to ensure that covered packaging collected by a recycling collection service are recycled by responsible end markets applying to specified covered packaging.

The Illinois bill would also require producer responsibility organizations to submit to the Illinois Environmental Protection Agency a plan for the development and implementation of a producer responsibility program with specified requirements for source reduction and other improvements.  The bill would also require producer responsibility organizations to establish a schedule of membership fees to be paid by members of the organization. Producer responsibility organizations would also be required to submit to the Agency for approval by the Agency an annual report on the development, implementation, and operation of the producer responsibility program. 

Please contact ISSA General Counsel Bill Balek with any questions related to these proposed legislations.

About the Author.

ISSA Director of Legislative Affairs Bill Balek has more than 25 years of experience working with various legislative and regulatory organizations that create rules that have a direct impact on the cleaning products industry, including antimicrobial pesticide registration, hazardous material transportation, safety and health regulations, and general environmental laws.