Senators Udall & Lowenthal Propose Nationwide Plastic Waste Bill with EPR, Deposit, and Ban on Single‑Use Items

This fall, U.S. Senator Tom Udall (D‑NM) and U.S. Representative Alan Lowenthal (D‑CA) plan to introduce legislation aimed at curbing plastic waste nationwide. The bill combines several proven strategies: a phased ban on certain single‑use consumer products, an extended producer responsibility (EPR) framework, and a national deposit‑and‑refund system for beverage containers.

Under the EPR mandate, manufacturers would be required to design, manage, and finance end‑of‑life programs for both products and their packaging before sale. The bill also proposes a national deposit on beverage containers, requires sellers to install reverse vending machines, imposes fees on all non‑reusable carry‑out bags (paper and plastic), and sets ambitious recycling targets to achieve 100% recyclability.

Additional provisions include labeling of plastic consumer products to indicate proper disposal, bans on lightweight plastic carry‑out bags, cups, lids, cotton buds, cutlery, plates, straws, snack packaging, drink stirrers, and expanded polystyrene in foodware, disposable coolers, and shipping packaging. The legislation would set state‑level collection targets for single‑use plastic drink bottles and penalize states that impede local governments from pursuing more aggressive measures by cutting federal funding.

Expert Insight: Maureen Gorsen, Partner at Alston & Bird

Maureen Gorsen, partner in Alston & Bird’s Environment, Land Use & Natural Resources Group and former California Department of Toxic Substances Control director, offers her perspective on the bill’s implications:

Key Components for Producers: The proposal is a comprehensive aggregation of EPR concepts that have been tested in various localities and states. The core principle is that product design and material selection must consider end‑of‑life disposal costs, with manufacturers bearing those costs rather than local governments or the public. Manufacturers would need to manage and finance end‑of‑life programs before product sale.

Impact on the Plastics Industry: States such as California are already moving toward eliminating single‑use plastic packaging. Even if the bill stalls, similar measures will likely be adopted elsewhere, reducing demand for current plastic packaging. R&D costs will rise as companies redesign materials to meet new recyclability standards, and the added disposal costs will increase product prices, potentially making them less attractive in the marketplace.

Effect on Consumer Prices: The shift to alternative materials could lead to higher costs for some products, while others may see neutral or even cost savings as packaging is reduced overall. The net impact will vary across industries.

Brand Adaptation: Many brands are already moving away from plastic packaging to avoid the costs associated with waste management and cleanup. A notable example is the transition from plastic to paper straws.

Overall, the bill represents a significant step toward sustainable packaging and responsible waste management, aligning with best practices adopted in leading states and encouraging nationwide cooperation.