psi forum/nw nahmma conference tuesday, june 2, 2009 product stewardship framework legislation sego...
TRANSCRIPT
PSI Forum/NW NAHMMA Conference
Tuesday, June 2, 2009
Product Stewardship
Framework Legislation
Sego Jackson
Snohomish County Solid Waste Division, Principal PlannerNorthwest Product Stewardship Council, Policy Committee Chair
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Wasteful
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Toxic
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Dangerous
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Frustrating
…when addressed on a product by product basis!
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Don’t Get Frustrated!
Get Framework!
Think Framework!
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A Pattern for EPR Policy
• Producers Have Primary Responsibility– Independent or Collective Programs
• Use Stewardship Organization– Responsible for financing and organizing collection
through processing (remove costs from governments)
– Develop and submit plans and annual reports
• Shared Responsibility – others have roles
• No legislated fees – costs are internalized
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The Goal:Framework Approach
Government sets level field,
performance standards, prioritizes
products
Government ensures transparency,
accountability
Why not make this approach
standardized for multiple products?
What would framework legislation,
such as British Columbia has, look
like for a state?
A Better Way:Product Stewardship
1. Producer Responsibility
1. All producers selling a covered product into the State are responsible for designing managing, and financing a stewardship program that addresses the lifecycle impacts of their products including end-of-life management.
2. Producers have flexibility to meet these responsibilities by offering their own plan or participating in a plan with others.
3. In addressing end-of-life management, all stewardship programs must finance the collection, transportation, and responsible reuse, recycling or disposition of covered products. Stewardship programs must:
Cover the costs of new, historic and orphan covered products. Provide convenient collection for consumers throughout the State.
4. Costs for product waste management are shifted from taxpayers and ratepayers to producers and users.
5. Programs are operated by producers with minimum government involvement.
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How to Use Framework Approach?
A few options:• Pass framework legislation that empowers state
agency to designate additional products over time.
• Pass framework legislation that allows legislature to easily add additional products over time.
• Use “template” model legislation on a product-by-product basis - future harmonization
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• CA waste agency adopts Framework EPR policy 1/08
Framework EPR Trends
• National Association of Counties - Framework EPR resolution, 7/08
• Minnesota Framework Study bill 2008• Extensive stakeholder processes in Oregon, California, Minnesota• Coordination calls between states working on Framework• EPA Region 9 and 10 Climate Work Groups• ASTWMO Product Stewardship Committee, Etc.
• Washington State Climate Action Team Recommendation, 11/08
http://www.pca.state.mn.us/publications/lrw-ps-1sy09.pdf
• Study Bill in 2008
• Three U.S. states introduce full Framework EPR bills in 2009
• Study Bill modeled from MN Study Bill in 2009
• Framework included in Washington Omnibus “for discussion” climate legislation in 2009
Framework EPR Legislation
Rhode Island
Washington
Oregon, California, Minnesota
Minnesota
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Washington Washington:• 2007 - Governor’s Climate Advisory Team:
– recommends framework policy development• 2008 - Governor’s Climate Action Team
– Beyond Waste Implementation Work Group develops sample framework from NWPSC draft
• applies to initial set of products• uses as template for lighting legislation sample
• 2009 - included in omnibus climate change “for discussion” legislation (HB 1718) and lighting legislation also introduced (as well as pharmaceuticals)
• 2010 – Focus on product specific legislation likely
California2009 Bills of Interest
Product-specific• Carry-out Bags
(AB68, AB87, AB 1141, SB531)
• Lamps containing mercury (AB 1173)
• Paint (AB1343)• Pharma (SB26)
FrameworkFrameworkEPR Framework EPR Framework
(AB 283)(AB 283)
www.ciwmb.ca.gov/EPRwww.ciwmb.ca.gov/EPR
AB 283 (Chesbro)CA Product Stewardship Act of 2009
CIWMB• Adopt regulations by
July 1, 2011• Establish processes for
product selection, performance goals, plan development, & penalties
• Monitor progress & enforce
• Report to legislature
Producers• Submit a product
stewardship plan to achieve goals
• Fund implementation of plan
• Pay those performing services to implement plan
• Submit annual reports to board
Oregon Product Stewardship
Framework
Set up a framework and process to:Select products
Require producers to be responsible for products at end-of-life
Increase convenient and free collection and recyclingProvide incentives to design products for the environment
Set performance goals
Context for OR Legislation
Grew out of 2007 E-waste Legislation Key Legislator Interest – saw need if future
products addedStrong support form State Environmental
Quality Commission and Dept. of Environmental Quality Senior Management
Harmonization with neighboring states – California and Washington
Stakeholder ProcessKey Issues
Which products and product selection criteriaDelegation of product selectionDefinition of Producer
Legislative Challenges
Framework concept hard to grasp Industry push-back all sectorsDemocratic governor and legislature –
conservative democrats no votesEconomy limited consideration of bills with
fiscal impactEconomic issues dominated session – limited
time for other issues
Producer Voiced Concerns
Concerned government will dictate product design
Expensive for producersGrows government bureaucracyOne size fits all “Job Killer”Product selection issues – which, why, how and
by whom?
Benefits to Producers
Harmonization between states to streamline compliance
Industry in the driver’s seat – not prescriptive, much flexibility
Predictability of what is expected - develop plans, perform
Level playing field - producers held to same standards as other producers
Market/economic design drivers – not government dictating design
Minimal government involvement, bureaucracy and costs
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Additional Resources
California Legislation,
http://info.sen.ca.gov/pub/09-10/bill/asm/ab_0251-0300/ab_283_bill_20090212_introduced.html
Minnesota Legislation, https://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=H2407.0.html&session=ls86
Oregon Legislation, http://www.deq.state.or.us/lq/sw/productstewardship.htm
Rhode Island Legislation, http://www.rilin.state.ri.us//BillText09/SenateText09/S0854.pdf
Washington Sample Framework Policy and Omnibus Climate Change Legislation, http://www.productpolicy.org/content/climate-change-epr and
http://apps.leg.wa.gov/billinfo/summary.aspx?bill=1718&year=2009 (sect. 318-361)
California Integrated Waste Man. Board EPR, http://www.ciwmb.ca.gov/EPR/
California Product Stewardship Council, http://www.calpsc.org/
Minnesota Pollution Control Agency, http://www.pca.state.mn.us/oea/stewardship/index.cfm
Northwest Product Stewardship Council, www.productstewardship.net
Product Policy Institute, www.productpolicy.org
Product Stewardship Institute, www.productstewardship.us