The Massachusetts Extended Producer Responsibility (EPR) Commission voted to adopt its bylaws and to approve a remote participation policy at its inaugural meeting on Oct. 6, while delaying action on the commission's proposed meeting guidelines.

The vote to adopt the EPR commission bylaws carried after a motion and second; commission chair John Bealink, deputy commissioner for policy and planning at MASA ADP and chair of the EPR Commission, called for the vote and declared the bylaws passed. The commission then considered a separate set of guidelines; several members, including Representative Day and Senator Barrett, said parts of the guidelines were too restrictive and asked to revise language that limited returning to previous topics and imposed three-minute time limits on discussion. Commissioners agreed to table the guidelines and bring a revised version to the next meeting.

The commission also voted to adopt a remote participation policy that permits hybrid meetings. During discussion Senator Barrett said hybrid formats increase participation by members who travel or represent distant areas, while other members argued in-person meetings yield higher-quality, interactive dialogue. After discussion the commission approved the policy by voice vote.

Why it matters: the bylaws and the remote participation policy set the procedural rules that will govern how the commission meets, how members communicate, and how public participation is handled. Commissioners and staff emphasized adherence to Massachusetts public meeting laws and indicated that how the commission structures meetings will affect its ability to deliberate on product-specific recommendations that are due as "initial recommendations and related findings" by Jan. 15, 2026.

Members also discussed two statutory vacancies on the commission: seats reserved for statewide environmental justice organizations. John Bealink said staff have reached out to groups and urged anyone with suggestions for nominees to contact MassDEP.

Commissioners and staff repeatedly cautioned members about open meeting law restrictions. Julie McNeil, counsel to the Solid Waste Program at MassDEP, told members that communications among commissioners can constitute deliberation if they reach a quorum and said, "you just have to just be very careful about not reaching that quorum." She said the commission currently has 19 members and that a simple majority is 10.

The meeting packet and public materials will be posted online; staff said the guidelines would be revised and circulated before the next meeting. The commission also asked staff to return a revised guidelines draft for the next convening and confirmed that subcommittee meetings, if formed, will be subject to open meeting requirements and posted for public participation.

The commission planned its next steps: finalize bylaws- and meeting-procedure housekeeping, set up subcommittees where appropriate, and begin product-focused work on paint at the next meeting.

The commission's actions are procedural; no statutory authority beyond the EPR commission's enabling language was created by these votes. Expect further procedural clarifications and a revised guidelines packet at the next scheduled meeting.