Extended Producer Responsibility (EPR) laws are reshaping how companies manage the end-of-life phase of their products. These laws require manufacturers to collect and report data on the quantity and type of waste their products generate and to finance the disposal process. This approach incentivizes businesses to design products with sustainability in mind, prioritizing reusability and recyclability.
Like many other countries, the United States (U.S.) is experiencing an expansion of EPR and related regulations, which primarily impact electronics, packaging, and batteries—the three most common product categories covered by EPR. Let’s take a closer look at how EPR laws for electronics and batteries are evolving across different U.S. states, with a few key examples.
Interested in packaging laws, too? Read our blog covering each packaging EPR law in the U.S.
The role of U.S. e-waste and right to repair laws
In the U.S., e-waste and right to repair laws are becoming central to environmental sustainability efforts. E-waste laws require electronics producers to adopt more responsibility regarding their products, which includes reporting their recycling efforts. Right to repair laws focus on empowering consumers by requiring manufacturers to make devices more easily repairable. These laws encourage responsible disposal and promote product longevity, encouraging a more circular economy and reducing unnecessary electronic waste.
E-waste laws
E-waste laws in the U.S. require producers of electronic devices such as computers, monitors, and televisions to comply with state regulations aimed at reducing electronic waste. Producers must register with the state and report the quantities of devices sold and recycled annually. Many states have set recycling targets; if these are not met, producers may incur fees, sometimes calculated per device. These laws are designed to incentivize producers to take responsibility for the lifecycle of their products and ensure proper disposal or recycling of electronics to minimize environmental impact.
Right to repair laws
In recent years, there has been a growing emphasis on laws that prioritize product reuse and repair as a way to enhance sustainability. Right to repair laws, which are gaining traction, may become a central feature of Extended Producer Responsibility (EPR) initiatives. For example, in France, manufacturers receive reduced EPR fees if their products are designed to be easily upgraded or repaired. In the U.S., right to repair laws are implemented at the state level, expanding beyond federal requirements, which prohibit warranties from being conditional on using a specific repair service. These laws are designed to empower consumers while also encouraging manufacturers to design more durable, repairable products, reducing electronic waste and promoting a circular economy. As more states adopt such regulations, we may see an even stronger shift towards repairability and product longevity as cornerstones of sustainable production.
California’s right to repair and access to affordable repairs
California’s Right to Repair law, which came into effect on July 1, 2024, marks a significant shift in consumer rights for electronic products (with the exception of video game consoles) sold or used in the state from July 1, 2021, onward. Under this law, manufacturers are required to provide repair documentation at no cost, along with tools and parts necessary for repair and maintenance at reasonable prices. This initiative aims to empower consumers and third-party repair services to easily maintain their products without relying solely on manufacturers.
The law's requirements extend to the availability of these resources for a specified duration. For products sold at a wholesale price above $100, documentation and parts must be accessible for seven years after the product’s last sale. For those priced between $50 and $100, the timeline is three years. Additionally, manufacturers are tasked with gathering detailed data on the types and quantities of equipment produced, as well as repair and maintenance information, and maintaining this data in an organized, easily accessible format to ensure compliance and transparency.
U.S. battery laws and recycling programs
Battery stewardship laws in the U.S. aim to limit hazardous substances in batteries and require producers to establish collection and recycling systems. Programs like Call2Recycle, a well-established recycling organization operating in the U.S. and Canada, play a critical role in managing these systems. Recently, Illinois and Washington D.C. introduced new battery laws that mandate producer responsibility for recycling efforts. These laws require participation in approved battery stewardship organizations and compliance with specific deadlines, further driving environmental sustainability across the country. Below, we dive into the details of these laws.
Illinois Battery Stewardship Act SB3686
In Illinois, the Battery Stewardship Act mandates that producers of covered batteries or battery-containing products must implement and participate in an approved battery stewardship plan starting January 1, 2026. This applies to producers such as brand owners, manufacturers, importers, and first distributors. Retailers are prohibited from selling products from non-compliant producers. Plans are required to be submitted by July 1, 2025, with Call2Recycle expected to take part. Non-compliance can result in a civil fine of $7,000 per violation, doubling if unpaid. Exemptions include medical devices and automotive lead-acid batteries.
Washington D.C. Zero Waste Omnibus Act
In Washington D.C., the Zero Waste Omnibus Amendment Act of 2020 establishes Extended Producer Responsibility (EPR) for primary and rechargeable batteries, requiring producers to be part of an approved battery stewardship organization, with Call2Recycle being the sole registered entity. This act applies to batteries sold separately or in products, excluding those covered by E-waste regulations, motor vehicles, and medical devices. The law ensures producers take responsibility for battery recycling and disposal to reduce environmental impact.
Source Intelligence’s solution for the evolving EPR landscape
As states across the U.S. continue to adopt EPR legislation, companies must be prepared to support a circular economy through compliance. However, these laws may present companies with new challenges, such as data collection, reporting, and staying up to date on new laws. Our software helps organize data, map reporting requirements, and assess the impacts on cost, compliance, and sustainability. Source Intelligence can help automate report generation to reduce errors and save resources. Designed for the circular economy, our EPR program prepares you for emerging legislation and robust sustainability reporting. Explore our solution to learn more.
