Extended Producer Responsibility State Framework Legislation

Transcription

1 Extended Producer Responsibility State Framework Legislation County Engineers Association of California Annual Meeting Grand Hyatt San Diego December 2, 2008 Heidi Sanborn Executive Director California Product Stewardship Council Take it Back Design it Green

2 This Presentation Covers Why EPR for Source Reduction? EPR Trends 2008 Legislation Why EPR Framework Legislation? Roles and Responsibilities Draft EPR Framework Bills California,Oregon,Washington How to Support EPR Framework in CA

3 Why EPR? Increasing waste volume/toxicity More product-by-product legislation Budget deficits at state and local levels Continuing mandates on local government Recognition that EPR is part of solution to multiple environmental issues

4 Changing Waste 250 TOTAL Million Tons per Year Products 50 Food/Yard 0 Source: EPA Mineral

5 Products are disposable Disposable and toxic by design

6 U-Waste: Designed for Disposal

7 Sharps: Prohibited Waste

8 Pharmaceuticals: The Next Ban Without a Plan?

9 Pharmed Fish

10 Multi Media Multi Media Solid Waste Hazardous Waste Wastewater Stormwater Public Health Climate Change

11 Landfill

12 Local Govt. Cost of U-Waste Ban $4,000,000 $300,000 Total Current Budget Cost of U-Waste Compliance

13 First Attempts Fatally Flawed Responsibility without capability for local governments Virtually unenforceable Places responsibility on ratepayers and taxpayers Unfunded mandate

14 Why EPR? Green Chemistry Initiative (chemicals) Ocean Protection Council (ocean litter) Climate Change Plan (green house gas) Stormwater Pollution Prevention Plans CIWMB EPR Policy Framework (waste)

15 Growth in CA Total Waste Million Tons per Year Diverted Landfilled Source: CIWMB

16 Why EPR? (cont.) AB 939 (1989) Source Reduction Diverted Landfilled 2. Recycling and Composting 3. Transformation and Landfill Disposal

17 Now: Waste is a Local Responsibility Producers Taxpayers & Ratepayers

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19 Extended Producer Responsibility (EPR) Producers Customer Service

20 EPR Programs in Canada

21 What Canadian Industry Wants Defined governance standards Time to implement Level playing field Common standards

22 E-Waste Laws Passed or Considered States Which Have Passed E-Waste Laws Vermont Maine Producer Responsibility Tennessee West Virginia Pennsylvania North Carolina South Carolina New York New Jersey Delaware Maryland New Hampshire Massachusetts Rhode Island Connecticut ARF Consumer Fees Laws States Considering Bills in 2008 Producer Responsibility ARF Bills Both South Carolina Get latest version at Go to Legislation & Policy >> then State Legislation section

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24 British Columbia Program

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26 The California Retailers Association supports allowing manufacturers to incorporate the cost of recycling into the product price.

27 Supports individual producer responsibility which directly incentivizes eco-design

28 Free end-of-life management for any Dell product from individuals, regardless of new purchase Michael Dell OpEd, San Francisco Chronicle January 14, 2007

29 Tractor EPR drives us to design for remanufacturing and upgradability

30 Strategic Directive 5 February 2007 CIWMB will Seek statutory authority to foster cradle-to-cradle producer responsibility. Develop relationships with stakeholders that result in producer-financed and producer-managed systems

31 Goal: Framework EPR

32 2008 Legislation Signed into Law: AB 2347 Mercury Thermostat EPR AB 1879 Green Chemistry AB 1860 Recalled Products Take-Back SB 1723 Ag Pesticide Containers EPR Vetoed by Governor Schwarzenegger: AB 501 Sharps this bill only applies to the disposal of prefilled injection devices...this problem requires a solution that must be shared among all the stakeholders, not just the manufacturers of one type of device

33 Five U.S. states may introduce Framework EPR bills in 2009 Framework EPR Trends CA waste agency - Framework EPR policy adopted 1/08 National Association of Counties - Framework EPR resolution, 7/08 CA League of Cities, RCRC Support

34 California Product Stewardship Council Participating Cities & Counties (9/1/08)

35 CPSC Participants 15 Associations (9/1/08) Association of Bay Area Governments, Bay Area Hazardous Waste Management Facility Allocation Committee Association of Bay Area Governments (ABAG) Bay Area Clean Water Agencies Bay Area Stormwater Management Agencies Association California Council of Directors of Environmental Health (CCDEH) California Stormwater Quality Association East Bay Municipal Utility District Los Angeles County Sanitation District Los Angeles County Solid Waste Task Force Mojave Desert and Mountain Recycling Authority Rural Counties Environmental Services Joint Powers Authority (ESJPA) (Counties of Alpine, Amador, Butte, Calaveras, Colusa, Del Norte, El Dorado, Glenn, Imperial, Inyo, Lassen, Madera, Mariposa, Modoc, Mono, Nevada, Plumas, Sierra, Siskiyou, Tehama, Trinity, Tuolumne) Sacramento Business Environmental Resource Center Sacramento County Regional Sanitation District Santa Clara Valley, CLEAN South Bay West Valley Clean Water (Campbell, Los Gatos, Monte Serena, Saratoga)

36 CPSC Partners (9/15/08) Green Party Los Angles County Long Beach Coalition for Safe Environment Sierra Club Solano Group Gills Onions LLC Teleosis Institute Green Pharmacy Program Keep California Beautiful Waste Management of Orange County California Resource Connections Marin Sanitary Service Allied Waste Daily City Reverse Logistics Association CR&R Waste and Recycling Services Pacific Recycling Solutions CA Sierra Club Natural Resources Committee & Zero Waste Committee Total Recycling Associates Many individual citizens have signed the pledge!

37 What Does EPR Framework Legislation Do? Full responsibility on producers for developing, funding, and implementing the program and submitting a plan to CIWMB CIWMB determines the products requiring product stewardship programs CIWMB will adopt rules to add products to stewardship program Producers cannot sell in CA if not in program CIWMB establishes performance goals and evaluation results based programs

38 EPR Framework Roles and Responsibilities Producers: Develop and fund collection system for covered products. Retailers: Provide information from producers to consumers; only sell products in stewardship program; voluntary participation in take-back Consumers: Follow directions from producers; utilize collection system; pay the cost of proper EOL management. CA Government: Provide the requirements and regulations to provide authority to mandate financial and physical take-back; set recycling rates

39 EPR Framework Roles and Responsibilities Local Government: Buy products in stewardship plan; assist in public education; collection is voluntary; reimbursed by producers. Haulers: Meet standards for collection; receive compensation for services. Recyclers: Meet BMPs for handling; receive compensation for services. Advisory Committees: Participate in development of regulations and design of measurement metrics to ensure transparency and accountability.

40 EPR Framework Similarities: OR/WA/CA Producers design, fund and manage collection system Adding products over time Performance evaluation Mandates participation or can t sell Enforcement process Provides for transparency Advisory Committee Provides anti-trust law protections

41 EPR Framework Differences WA Involvement of the Legislature in product selection WA - Preliminary Product Selection: Carpet, Rechargeable Batteries, Paint, Fluorescent Lamps CA Product selection process developed via regulation

42 Possible Endorsers California Retailers Association California Refuse Removal Council CA Conference of Environmental Health Directors CA Conference of Local Health Officers SWANA RCRC, CSAC, League of Cities CA Stormwater Quality Association National Paint and Coatings Association Heal the Bay/Ocean Litter Reduction NGO s Other Environmental NGO s

43 2009 State Legislation

44 Get Connected Join our listserv Sign the CPSC Pledge Donate to CPSC Adopt EPR resolutions Attend workshops Purchase from companies that take back their products Write about EPR in newsletters

45 Take it Back: Design it Green Heidi Sanborn, Executive Director PowerPoint funded by a Grant from the California Integrated Waste Management Board. Zero Waste You Make It Happen by the California Integrated Waste Management Board (CIWMB). All rights reserved. This publication, or parts thereof, may not be reproduced without permission from CIWMB.