The Blue Box Where to From Here?

Transcription

1 The Blue Box Where to From Here? OWMA AGM 2018 Jim McKay City of Toronto Dave Gordon Association of Municipalities of Ontario John Vidan Vidan and Associates

2 Blue Box Where Have We Been Blue Box Program has evolved in many ways since its introduction. Significant points: 1990s province mandates curb side or depot collection for municipalities Tri-partite cost share model municipalities/producers/province Mandates minimum materials to be collected 2002 Waste Diversion Act 50/50 costs share between producers/municipalities cost containment and efficiency pushes 2014 Arbitration 2017/18 Action Accord between Municipalities and Producers on future direction Minister s direction to Stewardship Ontario and RPRA Consultation process led by SO Draft amended plan Jan. 2018

3 The Accord Key Elements: Revised BBPP to establish a blueprint for a regulation to transition BBPP to the RRCEA Revised BBPP should provide for the transition of paper products and packaging (PPP) collection and management to SO on the expiry of existing contracts Provide for the collection and management of PPP generated by residents/households and consider associated public spaces, parks and other related services provided by those municipalities Payments to non-transitioned municipalities based upon verified net costs Establish an arrangement by which the Extended Producer Responsibility (EPR) obligations for old newspaper (ONP) are met at no cost to municipalities

4 The Minister s Direction Minister directs RPRA and SO to develop a proposal for amendment of the Blue Box Program collaboratively with municipalities, stewards, and affected stakeholders Proposal to outline the first phase of transition under the WDTA and set the stage for the second phase move to full Individual Producer Responsibility under RRCEA Expectation that proposal builds on the Accord Key principles No negative impact on Ontarians no reduced access collaboratively avoid stranded assets Clear rules standardized list of materials expand current list Improved performance measurable collection and management standards Work towards circular economy support waste reduction (including economic incentives) No barriers to competition and future transition Support cooperation among parties (stewards, municipalities, waste management industry, others) meaningful consultation required Addendum with additional detail expanding on many of the above points

5 The Process Stewardship Ontario consultations through fall of 2017 separate consultation sessions for municipalities, stewards, and NGOs/public Sessions provided an outline of general approach to transition, key changes necessary, timelines anticipated, broad principles SO proposed to follow, eg. competitive processes for service provision. Feedback/comments requested for November 2017 Draft amended BBPP posted for comment mid-december 2017 More detailed in many areas Some areas where detail to be developed subsequent to plan approval Comments due mid-january 2018 In December 2018 RPRA also consulted on a proposed amended Operating Agreement between RPRA/SO for the Blue Box program

6 The Draft Amended BBPP Key features Collection service transition process - spread out over multiple years to allow for existing contract expiry and municipal decisions Open and competitive process for contract tendering Concept of catchment areas geographically defined areas where all collected material is combined for processing boundaries to be determined in future Proposed list of acceptable material Proposal for establishing contamination standards and remedial process and penalties Concept of processing standards - future specifics Proposed targets and definitions Key Comments from stakeholders Governance and decision making - lack of clear and transparent dispute resolution key issue of what constitutes a material change and process for adjudication Discomfort with role of RPRA vs. role of SO in key areas of decision making Insufficient detail/clarity on recycling standards/protocols for verification Lack of clarity targeted and obligated material materials, eligible sources, and target setting Transition process and pace to move households to full EPR No transition strategy to move to IPR timeframe for proposed plan extends beyond government timelines

7 What Went Wrong? Roles of parties not clearly established or articulated at outset Differing expectations of Role of RPRA in process of plan development and oversight Role of SO as program operator and extent of unfettered decision making necessary Lack of agreement on checks and balances needed, what can be adjudicated, and related process Ongoing role of municipalities in transition period Compressed timelines difficult for all parties SO pressed to deliver a comprehensive detailed plan perhaps unreasonable to expect as many components need considerable research and analysis Parties views and expectations on what is needed for Transition differ Minister s direction letters and parties interpretations

8 What Has Been Learnt Only way for an a-bbpp will be if groups work collaboratively together (trust will be a large obstacle to overcome) While a-bbpp was sought as a preferred option - it certainly not the only option and others need to be pursued in tandem Waste Diversion Transition Act appears not to provide the degree of oversight and powers to the Authority that many had hoped No simple answers - problems with any of the approaches been considered Joint position by ENGOs, waste sector and municipalities provides a strong message

9 Considerations Early discussion and agreement on governance model is necessary establish clear roles and limitations that parties can work with what are types of operational decisions logically left to SO vs. what types of decision represent changes that require consultation and potentially agreement of other parties to what does a dispute resolution process apply? what is role of RPRA in program development? In program oversight and dispute resolution? Common understanding necessary of transitional nature of the program is fundamental duration, review process etc. What level of detail is needed in plan, and what can be developed later. Processes for items deferred for future consultation need to be outlined in sufficient detail including who and how

10 What s Next Election provides some time to determine if agreement can be reached across all stakeholders Lots of pressures that will force the next government to act this needs to get done for the sake of the industry Need to pursue all options Continued conversation will assist whether that leads to an a-bbpp or a regulation under the RRCEA Need to ensure RPRA has the tools necessary to do its job and that their role is better defined Need to facilitate more conversation direct with stewards Need radical transparency the transition needs to be done in a workable way for all stakeholders Need to continue to grow alignment between groups Need to be proactive instead of simply reactive