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Advisory group debates PRO powers, data confidentiality and potential impacts on local haulers and recyclers

August 29, 2025 | Massachusetts Department of Environmental Protection, Executive , Massachusetts


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Advisory group debates PRO powers, data confidentiality and potential impacts on local haulers and recyclers
The meeting included a sustained governance discussion about producer responsibility organizations (PROs), data confidentiality and how a future EPR system would affect existing haulers and recyclers.

Industry and hauler representatives warned that producers and PROs could hold too much influence without statutory guardrails. Several participants asked that any needs assessment or producer reporting be handled by an independent third party (for example, a CPA firm) and that statutory protections be added to prevent proprietary company data from being released through public-records mechanisms. Industry speakers said they would provide data if confidentiality and appropriate aggregation were ensured; they cited Illinois as a state that protected producer data in statute.

Producer-side participants described existing PRO models and said producers are already required to report packaging quantities in jurisdictions with EPR; proponents noted multi-stakeholder advisory councils — including producers, municipalities, haulers and environmental groups — are part of many U.S. EPR implementations and that state regulators retain ultimate authority over program plans.

Other concerns included procurement and contract questions. Some participants said the Massachusetts bill under discussion (referred to in the meeting as the model advanced by Senator de Domenico) would use a reimbursement model rather than give a PRO unilateral power to award processor contracts; supporters said reimbursement helps preserve existing municipal and hauler contracts and provides reimbursement for small haulers. Participants urged the commission and legislature to spell out governance, oversight, procurement and reporting protections in statute to reduce the risk of unintended industry consolidation or loss of service in underserved areas.

No policy choices were made at the meeting; participants recommended the commission consider statutory confidentiality protections for submitted data, use of independent third-party aggregators, and detailed regulatory oversight and advisory-council representation in any PRO model.

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Scribe from Workplace AI
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