2022 was a big year for reuse policy at the state and local levels across the country. Let’s keep up the momentum for 2023 and beyond! 

Policy is a critical part of the reuse movement. At the state or federal level, laws such as Extended Producer Responsibility, Deposit Return, and more can drive the biggest companies to innovate and redesign their products and packaging to make reuse available and accessible to consumers. These laws can also provide crucial funding for the transition to the new reuse economy. At the local level, ordinances requiring or incentivizing reuse can have tremendous and immediate on-the-ground impact in communities large and small. 

So, let’s take a look at some of the biggest policy wins of 2022. 

State Policy Wins

Among the biggest policy headlines In 2022 were the passage of Colorado’s and California’s Extended Producer Responsibility - or EPR - laws for consumer packaging, making them the third and fourth states in the country to enact packaging EPR after Maine and Oregon passed the first two laws in 2021. These laws require the producers of consumer goods - largely the big consumer brands we recognize from day-to-day life - to take responsibility for their packaging waste by funding - and sometimes overseeing operations for - local recycling programs. But beyond recycling, these laws also create economic incentives for producers to switch to reusable packaging formats.

Both Colorado and California’s new packaging EPR laws require an initial statewide “needs assessment,” which will outline the current lay-of-the-land in each state when it comes to reuse. These studies will help identify what’s needed to expand reuse and refill. Both also exempt reusable packaging from paying fees into the system, whereas producers will pay fees for all single-use packaging they use; and both must create further economic incentives for producers to switch to reusables through the programs' fee structures. In both states, producers will also fund consumer education and outreach on reuse and refill, such as ensuring consumers are aware of reuse opportunities and which types of packaging are refillable.

California’s law also implements some strict performance targets for plastics, including a mandate that by January 1st, 2028, at least 30% of single-use plastic items sold, distributed, or imported into the state will be recyclable - and this figure increases to 65% by 2032. Further upstream, the law mandates a 25% reduction in single-use plastic waste by 2032, with some more aggressive targets for expanded polystyrene (aka foam). Producers must meet this source reduction target in part by switching to reusable packaging.

It’s also worth noting that over thirty packaging EPR proposals were introduced or carried over into 2022 across state legislatures, with reuse featuring prominently in many of these bills - and that’s not even counting all the momentum for expanded bottle bills! This in itself is a policy victory, showcasing unprecedented momentum for the transition to a circular economy with reuse at its core.

Local Policy Wins

In addition to state-level policies, cities and counties were busy pushing for reuse in their communities. Administratively, cities and counties in California had to update their codes last year to implement a new statewide law (known as AB1276), requiring restaurants to provide single-use accessories (such as utensils or straws) only upon request, among other requirements. Cities from San Diego to Walnut Creek passed local ordinances to implement this new state law, and some added their own flare to the process. In LA, the “Accessories Upon Request” ordinance also  requires zero waste practices at city facilities & events. 

Perhaps most prominently last year, cities and counties - especially in California - continued passing ordinances to require reusables for onsite dining, bringing the total to 15 municipalities in CA alone with such policies in place. Notable mentions include:

• Marin County’s passage of a Reusable Foodware Ordinance requiring reusables for on-site dining and allowing customers to bring their own containers for take-out. The law also requires compostable or recyclable aluminum containers for take-out if customers do not bring their own, and adds a charge on disposable cups. It also bans plastic and plastic-lined paper take-out containers. Enforcement begins in November this year. 

• LA County passed a similar ordinance, requiring single-use foodware - including utensils, takeout containers, and cups - to be compostable or recyclable, banning expanded polystyrene (foam) products, and requiring reusable foodware at full-service dine-in eateries.  

• The Cities of Pacifica, Truckee, and Half Moon Bay also passed similar laws requiring or encouraging reusables for on-site dining.

There are many ways local governments can support reuse, such as mandating reuse in government facilities; requiring single-use food and drinkware be provided only on request – or banning single-use accessories altogether; and placing charges on disposable containers. Check out our Reuse Policy Playbook, Roadmap to Reuse, and Policy Tracker for a more detailed breakdown of local-level policies.

Honorable Mention: Federal Initiatives

We also saw continued interest in and momentum for reuse at the federal level in 2022. The Bipartisan Infrastructure Law, passed in late 2021, enabled the EPA to launch multiple new grant programs last year, including the Consumer Recycling Education and Outreach Program, which provides funding opportunities for education to support reuse. Also at the federal level, the Biden Administration invited public comments on proposed updates to federal purchasing policy aimed at reducing single-use plastics and packaging. We expect to see further updates on both of these fronts this year.

These federal initiatives may not feel as satisfying as a national bottle bill would, but an emphasis on reuse and waste prevention from the EPA, especially one that includes historic funding opportunities for local communities to support reuse, is a big step in the right direction.

Global Inspiration

Lastly, the Upstream team was pleased to draw continued inspiration from communities abroad. Here are just a couple of examples: 

The City of Edmonton in Alberta, Canada passed a Single-Use Item Reduction Bylaw, which will take effect in July of this year (2023). The bylaw requires reusable cups for dine-in restaurants and also requires restaurants to develop policies for customers who bring their own cups. The law also requires “accessories” such as utensils to be provided only upon request or via self-serve stations, bans polystyrene foam, and adds a fee to all paper and new reusable bags. 

Across the Atlantic, the European Commission published proposed policy targets that would: 

• Reduce the generation of packaging waste by 5%, 10% and 15% by 2030, 2035 and 2040, respectively (compared to a 2018 baseline);

• Require reuse and refill targets for a variety of food and beverage packaging beginning in 2030, such as cold and hot beverages filled at the point of sale (20%), take-away ready-prepared food intended for immediate consumption (10%), alcoholic beverages (10%, and 5% for wine) and non-alcoholic beverages (10%); and 

• Require all packaging to be designed for recycling starting in 2030; and to be recycled at scale starting in 2035.

Upstream supports the ideation and replication of best practices in reuse policy development in North America. In 2023 and beyond, Upstream will be creating virtual spaces for existing and new stakeholders to build the new reuse economy together, through infrastructure, logistics and supply chain conversations, among other topics. We’ll will continue to support reusables for onsite dining; Skip the Stuff legislation; state-level EPR that supports source reduction and reuse/refill; expanded bottle bills; DRS implementation; reuse at events; reuse in procurement; non-toxic reuse policy; and BYO initiatives.

I hope you enjoyed this quick recap of reuse policy victories from 2022, because it’s time to take this inspiration and dive in to make 2023 another banner year for reuse policy! Join Upstream and our national networks of reuse champions in the National Reuse Network or Government Reuse Forum. If you want to promote reuse policy in your own community consider joining or launching a reuse coalition. And of course don’t forget to check out the plethora of resources on our website and tune into the Indisposable Podcast to hear from the many heroes of the reuse movement.