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As most state legislatures have adjourned for the year, below is a review of legislation enacted in 2026 and a look-ahead to next year. Key issues included organized retail crime (ORC), property redevelopment incentives, emissions mandates and extended producer responsibility (EPR).
Organized Retail Crime:
Organized retail crime (ORC) remained a priority for state lawmakers this year, and gift card fraud was the most active area of new law. Twelve states–Connecticut, Delaware, Georgia, Kansas, Maine, Maryland, Michigan, Minnesota, Missouri, Oklahoma, Virginia and West Virginia–enacted legislation addressing gift card fraud. These laws create new offenses for acquiring, tampering with or fraudulently using gift cards or their redemption information.
States also strengthened enforcement tactics. Colorado established a Retail Theft Prevention Advisory Board within the Attorney General’s office (HB 1138) to track retail theft and gift card fraud trends and fund enforcement. Similarly, Arizona (SB 1452) created a Cargo Theft Task Force within the Attorney General’s office, and Tennessee (SB 2466) created the offense of fraudulent freight theft. Other new laws create an offense for crossing county or state lines to commit a crime (WY SF 8), allow prosecutors to aggregate multiple thefts (WI AB 89) and impose a 30-day mandatory minimum sentence for organized retail crime involving a firearm or anti-theft device (TN SB 2265).
Property Redevelopment:
Michigan and New Hampshire expanded incentives this year for reinvestment in existing commercial property. In Michigan, SB 722 extends the Commercial Rehabilitation Act through 2035 and increases the maximum exemption term from 10 to 12 years. SB 723 expands the transformational brownfield program, which supports large-scale mixed-use redevelopment, raising its annual cap from $80 million to $175 million and its overall cap from $1.6 billion to $3.5 billion. New Hampshire’s HB 1103 expands its community revitalization tax relief program, previously limited to office conversions, to include conversions of commercial and industrial properties to housing.
Emission Mandates:
Several states took steps to limit climate and emissions mandates. Florida (HB 1217) prohibits state agencies and local governments from adopting net-zero policies, including emissions trading systems, carbon taxes or fees and statewide greenhouse gas emissions limits. A separate Florida law (SB 288) bars rural electric cooperatives from imposing fees that limit customers’ choice of fuel sources or appliances. Oklahoma (SB 1191) abolished its Low Carbon Energy Initiative Board.
Extended Producer Responsibility (EPR) Programs for Packaging:
Packaging and paper EPR bills were introduced in several states, including Georgia, Missouri, New Hampshire and Rhode Island, but saw minimal advancement. The issue will likely remain active in 2027, although the volume and trajectory of legislation will vary by state. The 2026 midterm elections could shift partisan control of some legislatures and governors’ offices, affecting the outlook for EPR bills.
Overall Fiscal Outlook in States:
Most states continue to have stable fiscal conditions this year, though revenue growth has slowed from its pandemic-era highs, as analysts expected. A few states are facing fiscal challenges – including California, New York, Oregon and other states that tend to pursue aggressive tax policy. All states are grappling with uncertainty as scheduled changes to Medicaid and Supplemental Nutrition Assistance Program (SNAP) funding under the One Big Beautiful Bill Act phase in, and it remains unclear how budgets will be affected over the next three to five years.