Maryland House Examines Bill to Cut Packaging Waste, Shift Costs onto Producers

Dorothy Hood, Capital News Service • March 28, 2023


Maryland lawmakers are considering a bill that would reduce packaging pollution and shift the cost for disposal onto packaging producers instead of taxpayers.

 

HB 284 aims to prohibit producers of packaging materials from selling or distributing their materials unless the producer has an approved producer responsibility plan and failing to hit the plan targets can incur fines. The bill will require the Department of the Environment to conduct a statewide recycling needs assessment every 10 years, penalizing producers who are less sustainable and produce more packaging materials. The manufacturers producing packaging that is more eco-friendly will pay less.

 

Its sponsor, Del. Sara Love (D-Montgomey) said, “the producer responsibility program puts the onus on the producers and incentivizes them to make more sustainable choices.” The money, she said, from this producers’ tax will help to fund local governments.

 

Of the 52 witnesses for this bill heard by the Environment and Transportation Committee, 43 were in support, including Dan Felton, executive director of the American Institute for Packaging and Environment (AMERIPEN).

 

Felton testified that AMERIPEN sees “a path forward under a good producer responsibility program that can actually address some of those issues.” AMERIPEN said that this bill “strikes the right balance.”

 

“Packaging makes up 28% of Maryland’s waste stream, of which 40% is plastic,” said Laurie McGilvray, an advocate with the Climate Justice Wing a statewide coalition focused on getting state-level climate justice.

 

U.S. Environmental Protection Agency data shows “containers and packaging make up a major proportion of municipal solid waste.” In its 2018 report, that amounted to 82.2 million tons nationally for the year.

 

According to the Environmental Defense Fund Supply Chain Solutions Center, “9.2 billion tons of plastic have been produced, of which only 9 percent has been recycled properly.” The figures run from 1950 through 2017. Because plastic isn’t biodegradable, “every piece of plastic ever made is still on this planet.”

 

Single-use plastics commonly make their way into waterways and oceans, and in Maryland, the Chesapeake Bay is highly affected.

 

Maggie Ostdahl, conservation policy manager at the National Aquarium, testified for this bill. She explained that plastic breaks down into smaller pieces called microplastics, which endanger wildlife, contaminate the global food web, and transport toxins harmful to humans.

 

This bill is cross-filed in the Senate as SB 222, sponsored by Sen. Malcolm Augustine (D-Prince George’s). As more single-use plastic is produced, the more it poisons our environment, Augustine said, adding that what we can do is “create a more circular economy for our packaging materials.”

 

Augustine said he introduced this bill in 2022, which was cross-filed in the House with now-Comptroller Brooke Lierman as chief sponsor when she was a delegate. Unfortunately, it didn’t get very far, but he has higher hopes for the current one, especially with a new governor.

 

“It takes time for people to get a sense of ways that we may be able to fix things,” Augustine said.

 

Maine, Oregon, California, and Colorado have already passed packaging materials regulation. Augustine said it is now time for Maryland to do the same.

 

Waste in our ecosystems has gotten worse and not better, Augustine said, and Marylanders are acknowledging that.

 

“Maryland taxpayers currently bear the sole burden of paying to manage and dispose of waste, including packaging,” said Lierman in written testimony to the committee.

 

Maryland Association of Counties Associate Policy Director Dominic Butchko testified that counties and taxpayers are the ones paying for most of the operating and infrastructure for recycling. This bill will “make producers a stakeholder.”

 

“You have a choice in front of you. Right now a private company makes a choice on how they are going to package their material and then it is up to taxpayers to pay for that choice,” Butchko said.

 

Maryland PIRG, a public interest advocacy organization, was also in support. “Recycling can’t solve our waste problem by itself,” said PIRG’s State Director Emily Scarr. The organization said the state should “aggressively enact measures to reduce waste and move away from packaging that causes harm to the planet and public health.”

 

The bill is awaiting a vote from the committee.

 

 

Capital News Service is a student-powered news organization run by the University of Maryland Philip Merrill College of Journalism. For 26 years, they have provided deeply reported, award-winning coverage of issues of import to Marylanders.


Common Sense for the Eastern Shore

By Friends of Megan Outten July 29, 2025
Megan Outten, a lifelong Wicomico County resident and former Salisbury City Councilwoman, officially announced her candidacy recently for Wicomico County Council, District 7. At 33, Outten brings the energy of a new generation combined with a proven record of public service and results-driven leadership. “I’m running because Wicomico deserves better,” Outten said. “Too often, our communities are expected to do more with less. We’re facing underfunded schools, limited economic opportunities, and years of neglected infrastructure. I believe Wicomico deserves leadership that listens, plans ahead, and delivers real, measurable results.” A Record of Action and A Vision for the Future On Salisbury’s City Council, Outten earned a reputation for her proactive, hands-on approach — working directly with residents to close infrastructure gaps, support first responders, and ensure everyday voices were heard. Now she’s bringing that same focus to the County Council, with priorities centered on affordability, public safety, and stronger, more resilient communities. Key Priorities for District 7: Fully fund public schools so every child has the opportunity to succeed. Fix aging infrastructure and county services through proactive investment. Keep Wicomico affordable with smarter planning and pathways to homeownership. Support first responders and safer neighborhoods through better tools, training, and prevention. Expand resources for seniors, youth, and underserved communities. Outten’s platform is rooted in real data and shaped by direct community engagement. With Wicomico now the fastest-growing school system on Maryland’s Eastern Shore — and 85% of students relying on extra resources — she points to the county’s lagging investment as a key area for action. “Strong schools lead to strong jobs, thriving industries, and healthier communities,” Outten said. “Our schools and infrastructure are at a tipping point. We need leadership that stops reacting after things break — and starts investing before they do.” A Commitment to Home and Service Born and raised in Wicomico, Megan Outten sees this campaign as a continuation of her lifelong service to her community. Her vision reflects what she’s hearing from neighbors across the county: a demand for fairness, opportunity, and accountability in local government. “Wicomico is my home; it’s where I grew up, built my life, and where I want to raise my family,” Outten said. “Our county is full of potential. We just need leaders who will listen, work hard, and get things done. That’s what I’ve always done, and that’s exactly what I’ll continue to do on the County Council.” Outten will be meeting with residents across District 7 in the months ahead and unveiling more details of her platform. For more information or to get involved, contact info@meganoutten.com
By John Christie July 29, 2025
Way back in 1935, the Supreme Court determined that independent agencies like the Consumer Product Safety Commission (CPSC), the National Labor Relations Board (NLRB) and the Merit Systems Protection Board (MSPB) do not violate the Constitution’s separation of powers. Humphrey’s Executor v. United States (1935). Congress provided that the CPSC, like the NLRB and MSPB, would operate as an independent agency — a multi-member, bipartisan commission whose members serve staggered terms and could be removed only “for neglect of duty or malfeasance in office but for no other cause.” Rejecting a claim that the removal restriction interferes with the “executive power,” the Humphrey’s Court held that Congress has the authority to “forbid their [members’] removal except for cause” when creating such “quasi-legislative or quasi-judicial” bodies. As a result, these agencies have operated as independent agencies for many decades under many different presidencies. Shortly after assuming office in his second term, Donald Trump began to fire, without cause, the Democratic members of several of these agencies. The lower courts determined to reinstate the discharged members pending the ultimate outcome of the litigation, relying on Humphrey’s , resulting in yet another emergency appeal to the Supreme Court by the administration. In the first such case, a majority of the Court allowed President Trump to discharge the Democratic members of the NLRB and the MSPB while the litigation over the legality of the discharges continued. Trump v. Wilcox (May 22, 2025). The majority claimed that they do not now decide whether Humphrey’s should be overruled because “that question is better left for resolution after full briefing and argument.” However, hinting that these agency members have “considerable” executive power and suggesting that “the Government” faces greater “risk of harm” from an order allowing a removed officer to continue exercising the executive power than a wrongfully removed officer faces from being unable to perform her statutory duty,” the majority gave the President the green light to proceed. Justice Kagan, joined by Justices Sotomayor and Jackson, dissented, asserting that Humphrey’s remains good law until overturned and forecloses both the President’s firings and the Court’s decision to award emergency relief.” Our emergency docket, while fit for some things, should not be used to “overrule or revise existing law.” Moreover, the dissenters contend that the majority’s effort to explain their decision “hardly rises to the occasion.” Maybe by saying that the Commissioners exercise “considerable” executive power, the majority is suggesting that Humphrey’s is no longer good law but if that is what the majority means, then it has foretold a “massive change” in the law and done so on the emergency docket, “with little time, scant briefing, and no argument.” And, the “greater risk of harm” in fact is that Congress provided for these discharged members to serve their full terms, protected from a President’s desire to substitute his political allies. More recently, in the latest shadow docket ruling in the administration’s favor, the same majority of the Court again permitted President Trump to fire, without cause, the Democratic members of another independent agency, this time the Consumer Product Safety Commission (CPSC). Trump v. Boyle (July 23, 2025). The same three justices dissented, once more objecting to the use of the Court’s emergency docket to destroy the independence of an independent agency as established by Congress. The CPSC, like the NLRB and MSPB, was designed to operate as “a classic independent agency.” In Congress’s view, that structure would better enable the CPSC to achieve its mission — ensuring the safety of consumer products, from toys to appliances — than would a single-party agency under the full control of a single President. “By allowing the President to remove Commissioners for no reason other than their party affiliation, the majority has negated Congress’s choice of agency bipartisanship and independence.” The dissenters also assert that the majority’s sole professed basis for the more recent order in Boyle was its prior order in Wilcox . But in their opinion, Wilcox itself was minimally explained. So, the dissenters claim, the majority rejects the design of Congress for a whole class of agencies by “layering nothing on nothing.” “Next time, though, the majority will have two (if still under-reasoned) orders to cite. Truly, this is ‘turtles all the way down.’” Rapanos v. United States (2006). * ***** *In Rapanos , in a footnote to his plurality opinion, former Supreme Court Justice Scalia explained that this allusion is to a classic story told in different forms and attributed to various authors. His favorite version: An Eastern guru affirms that the earth is supported on the back of a tiger. When asked what supports the tiger, he says it stands upon an elephant; and when asked what supports the elephant, he says it is a giant turtle. When asked, finally, what supports the giant turtle, he is briefly taken aback, but quickly replies "Ah, after that it is turtles all the way down." John Christie was for many years a senior partner in a large Washington, D.C. law firm. He specialized in anti-trust litigation and developed a keen interest in the U.S. Supreme Court about which he lectures and writes.
By Shore Progress, Progessive Maryland, Progressive Harford Co July 15, 2025
Marylanders will not forget this vote.
Protest against Trumpcare, 2017
By Jan Plotczyk July 9, 2025
More than 30,000 of our neighbors in Maryland’s first congressional district will lose their health insurance through the Affordable Care Act and Medicaid because of provisions in the GOP’s heartless tax cut and spending bill passed last week.
Farm in Dorchester Co.
By Michael Chameides, Barn Raiser May 21, 2025
Right now, Congress is working on a fast-track bill that would make historic cuts to basic needs programs in order to finance another round of tax breaks for the wealthy and big corporations.
By Catlin Nchako, Center on Budget and Policy Priorities May 21, 2025
The House Agriculture Committee recently voted, along party lines, to advance legislation that would cut as much as $300 million from the Supplemental Nutrition Assistance Program. SNAP is the nation’s most important anti-hunger program, helping more than 41 million people in the U.S. pay for food. With potential cuts this large, it helps to know who benefits from this program in Maryland, and who would lose this assistance. The Center on Budget and Policy Priorities compiled data on SNAP beneficiaries by congressional district, cited below, and produced the Maryland state datasheet , shown below. In Maryland, in 2023-24, 1 in 9 people lived in a household with SNAP benefits. In Maryland’s First Congressional District, in 2023-24: Almost 34,000 households used SNAP benefits. Of those households, 43% had at least one senior (over age 60). 29% of SNAP recipients were people of color. 15% were Black, non-Hispanic, higher than 11.8% nationally. 6% were Hispanic (19.4% nationally). There were 24,700 total veterans (ages 18-64). Of those, 2,200 lived in households that used SNAP benefits (9%). The CBPP SNAP datasheet for Maryland is below. See data from all the states and download factsheets here.
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