Legislative Issues & Product Stewardship in Texas. Kim A. Mote, City of Fort Worth & Maia Corbitt, STAR - Executive Director June, 2014

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1 Legislative Issues & Product Stewardship in Texas Kim A. Mote, City of Fort Worth & Maia Corbitt, STAR - Executive Director June, 2014

2 Before 1900 waste management was a private sector activity

3 rapid urbanization 1840: 1,800, : 54,000,000

4

5

6 citizens demanded action.

7 . local government responded

8 Waste was simpler in 1900 CARD OF INSTRUCTION FOR HOUSEHOLDERS Put into Ash Put into Garbage Put into Rubbish Receptacles Receptacles Bundles Ashes, Sawdust, Kitchen or Bottles, Paper, Floor and Table Waste, Pasteboard, etc. Street Sweepings, Vegetables, Rags, Mattresses, Broken Glass, Meats, Old Clothes, Old Shoes, Broken Crockery, Fish, Leather and Leather Scrap, *Oyster and Clam Bones, Carpets, Tobacco Stems, Shells, Fat. Straw and Excelsior, Tin Cans. (from households only) The Sanitary Code requires householders and occupants to provide separate receptacles for ashes and garbage and forbids mixing these in the same receptacle. This law will be strictly enforced w York City

9 Unintended consequences Inorganics Food/Yard Products NYC 1960 USA 2010 USA Waste Generated

10 Discards Changed Ash, Garbage Simple products Mostly Products, packaging Dense + Homogenous Purpose Changed Bulky Complex Toxic Public Health Resource Conservation & Convenience

11 A New Approach for the 21 ST Century Current waste system devised for sanitation purposes in early 20 th century Current residential recycling model is a stopgap Responsibility rests completely on local governments Products & packaging becoming increasingly complex When Producers become responsible Production become more sustainable Products redesigned for easier recycling Products can be made with more recycled material Economic incentive to avoid waste at the source In the words of Bill Coors, -- "All waste is lost profit."

12 Product Stewardship Evolving Definitions Product Stewardship is the act of minimizing health, safety, environmental and social impacts, and maximizing economic benefits of a product and its packaging throughout all lifecycle stages. The producer of the product has the greatest ability to minimize adverse impacts, but other stakeholders, such as suppliers, retailers, and consumers, also play a role. Stewardship can be either voluntary or required by law. Extended Producer Responsibility (EPR) is a mandatory type of product stewardship that includes, at a minimum, the requirement that the producer s responsibility for their product extends to post-consumer management of that product and its packaging. There are two related features of EPR policy: (1) shifting financial and management responsibility, with government oversight, upstream to the producer and away from the public sector; and (2) providing incentives to producers to incorporate environmental considerations in the design of their products and packaging.

13 What does EPR do? By the passage of laws, shifts end-of-life materials management from governmentfunded and ratepayerfinanced waste diversion to a strategy that relies on producer responsibility, intended to: reduce public costs and drive improvements in product design

14 Extended Producer Responsibility Laws in 2006 Product Stewardship Institute Website June 2012

15 Extended Producer Responsibility Laws as of June 2014 Product Stewardship Institute Website June 2014

16 Extended Producer Responsibility Legislation in Texas

17 Product Stewardship Legislation in Texas COMPUTER EQUIPMENT RECYCLING PROGRAM o P assed in 2007 E ffective in 2008 o Presently 130 brands representing 96 manufacturers registered with state o 2 /2011 TCEQ reported Texans recycled 19.5 million pounds of computer equipment 2010 o 2 /2012 TCEQ reported that 20.5 million pounds of e - waste collected in 2011 o 2 / million pounds collected o 3 / million pounds collected

18 Product Stewardship Legislation in Texas TELEVISION RECYCLING PROGRAM o SB 329 passed in June 2011 and became effective September 1, 2011 o TCEQ commissioners approved final rules on March 28, 2012 o Retailers required to provide TV recycling info to consumers starting July 1, o Televisions collected in 2013 under both individual company plans and RLP was 4,988,188 pounds

19 Recycling Related Bills in 82 nd Legislature SB 329 TV Recycling Program (HB1966 & HB88) HB 1811 Mercury containing Lighting HB 3209 Computer Recycling improvements HB 695 Mercury Thermostat Take-back HB 821 E-waste landfill ban HB 1775 Statewide recycling study HB 2114 & SB 1119 Beverage container recycling HB 1877, HB 1913 & SB 980 Plastic Bags HB 3395 State preference for buying recycled products HB 2871 Scrap Tires HB 405 Scrap Tires SB 694 Regulating Scrap Metal Entities HB 1 & SB 1 Budget Bills

20 SB 329 TV Recycling Program (HB1966 & HB88) HB 1811 Mercury containing Lighting HB 3209 Computer Recycling improvements HB 695 Mercury Thermostat Take-back HB 821 E-waste landfill ban HB 1775 Statewide recycling study What Passed in 82 nd Legislature? HB 2114 & SB 1119 Beverage container recycling HB 1877, HB 1913 & SB 980 Plastic Bags HB 3395 State preference for buying recycled products HB 2871 Scrap Tires HB 405 Scrap Tires SB 694 Regulating Scrap Metal Entities HB 1 & SB 1 Budget Bills

21 Recycling Related Bills in 83 r d Legislature HB 2923 Architectural Paint Take - back HB 1346 Ext. E - waste l aw additions (Public Ed.) HB 3465 Ext. E - waste law additions (Standards for recyclers) HB 648 & HB 1694 Ext. E - waste law additions ( LF disposal ban ) HB 1473, HB 3244 & SB 645 Beverage container recycling HB 1584, HB 3783, HB 2486 & SB 459 Scrap Tires SB 875 Regulating purchase of plastic bulk merchandise containers

22 What Passed in 83 r d Legislature? HB 2923 Architectural Paint Take - back HB 1346 Ext. E - waste law additions (Public Ed.) HB 3465 Ext. E - waste law additions (Standards for recyclers) HB 648 & HB 1694 Ext. E - waste law additions ( LF disposal ban ) HB 1473, HB 3244 & SB 645 Beverage container recycling HB 1584, HB 3783, HB 2486 & SB 459 Scrap Tires SB 875 Regulating purchase of plastic bulk merchandise containers

23 Texas Product Stewardship Council (TxPSC) Mission To shift Texas s product waste management system from one focused on government funded and ratepayer financed waste diversion to one that relies on producer responsibility in order to reduce public costs and drive improvements in product design that promote environmental sustainability

24 TxPSC Actions Formed in January 2009 Members testified to House & Senate committees on TV recycling bill during 82d Legislature Twelve members attended TV recycling stakeholders meeting at TCEQ (July 7 th 2011) Letters to TCEQ on Pharmaceutical Study (2010) & on the proposed TV Recycling rules (2011) TxPSC members attended Battery Summit (2011) and Action to Accelerate Recycling Initiative (2012) TxPSC participates in national product stewardship calls TxPSC Joined STAR as a Topical Council in Fall of TxPSC has been doing background studies on used paint management and scrap tire management

25 TxPSC Selected Products ID Products to move studies to promote state legislation 1. Electronics 2. Pharmaceuticals 3. Paint 4. Scrap Tires : ongoing project 5. Carpet (currently tabled)

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27 Rethink tires as a resource waste. not a Develop actions to effectively manage scrap tires as a binational resource in the Paso del Norte region that can serve as a model for other regions. Strategic goal working groups Enforcement Tire Advisory Committee End Markets Secure Funding Legislation

28 Legislative Working Group Senate Research provided synopsis of Scrap Tire Statues in US States to group Representation includes: Tire manufacturer TCEQ M etal recycler A uto dismantler/parts reseller Texas Tire Dealer Association EPA County Commissioner ( New Mexico) Municipality End User STAR Sen. Rodriguez COS Monitoring Mexican legislation including meeting with Sermarnet, Mexico.

29 Tires Session 2015 Expectations 2011 Session SB 615 (Rodriguez) -- Relating to requiring a retail seller of motor vehicle tires to render certain tires unusable and to the regulation of scrap tires; providing civil penalties Session SB 459 (Rodriguez) -- Relating to the sale, installation, storage, transportation, and disposal of scrap, unsafe, or used tires; providing a civil penalty; creating an offense Session??? Metals Plastic Bags Beverage Containers Solid Waste F und 5000

30 Regarding Prospects for the 84 th Legislature The release of the Texas Recycling Data Initiative (TRDI) in February of 2015 was aimed at giving Texas representatives a base line for recycling to work from. TRDI was the brainchild of the Executive Director for the State of Texas Alliance for Recycling (STAR), Maia Corbitt.

31 A Brief History of the TRDI 30 TAC 328: Waste Minimization and Recycling The purpose of this chapter is to establish regulations that support the diversion from solid waste streams, to promote the economic recovery and reuse of materials, and to support the development of markets for recycled, remanufactured or environmentally sensitive products or services in a sustainable manner that protects the environment, public health and safety. 30TAC328.6(a) The purpose of this subchapter is to establish reporting requirements through which progress toward achieving the established recycling goals can be measured. It is the state's goal to achieve the recycling of at least 40% of the state's total municipal solid waste stream.

32 Durring the 2009 Legislative Session Survey of STAR membership and statute review saw Recycling Stakeholder meetings with: Texas Association of Regional Councils (TARC) Texas Association of Counties National Solid Waste Management Association ( NSWMA ) Texas Campaign for the Environment Texas Commission for Environmental Quality City of Fort Worth Texas Product Stewardship Council Texas Municipal League Plastic Pollution Texas City of El Paso Waste Management Republic Services City of Austin Public representative

33 Brief History continued Session ( Allen) HB 1775 Relating to a study on waste reduction and a statewide waste reduction plan TCEQ Municipal Solid Waste Recovery Advisory Council ( MSWRAC) resolution Partnership with TXSWANA Statewide Survey Development Stakeholder group Public meetings to discuss groups recommendations

34 Statewide Survey Development Stakeholders AbiBow Recycling LLC Alcoa Avangard Innovative Call2Recycle Capital Area Council of Governments Carpet America Recovery Effort Cherry Companies City of Austin City of Corpus Christi City of Dallas City of San Antonio Construction Materials Recycling Association Corrugated Services Dan Eden Consulting David J. Joseph Company Evergreen Recycling Fort Bliss (El Paso) Headwaters Resource Group HEB Grocery Helen Gilbert, Atty. Houston - Galveston Area Council Keep Laredo Beautiful LETCO Longhorn Scrap Metal Recycling North Central Texas Council of Governments Plastic Pollution Texas Public representative Republic Services Science Applications International Corporation (SAIC) Steel Recycling Institute Strategic Materials TCEQ Municipal Solid Waste & Resource Recovery Advisory Council (MSWRRAC) Texas Aggregates Association Texas Association of Counties Texas Association of Business Texas Campaign for the Environment Texas Chemical Council Texas Coal Ash Utilization Group Texas Department of Transportation Texas Municipal League Texas Oil & Gas Association Texas Product Stewardship Council (STAR) Waste Management Weinberger & Associates

35 Organizations Involved included: Carpet America Recovery Effort (CARE) Construction Material Recycling Association CTRA Electronic Resource Recovery Council (STAR) Environmental Protection Agency Region 6 ISRI Gulf Coast Chapter ISRI - Scrap Tire Chapter North American Hazardous Materials Management Association National Waste & Recycling Association (formerly NSWMA) Recycling Council of Texas STAR Texas Association of Regional Councils (TARC) Texas Chemical Council Texas Coal Ash Utilization Group Texas Commission on Environmental Quality (TCEQ) Texas Compost Council (STAR) Texas Oil & Gas Association TXSWANA

36 Brief History cont Legislative Session (Allen) HB 2368 Relating to a study on waste reduction and a statewide waste reduction plan. Transition to TRDI Steering Committee Competitive bid process Scott Pasternak, Burns & McDonald Task 1: Project Initiation and Management Task 2: Contact Trade Associations and Other Organizations to Secure Available Data and Support Project Team currently scheduling interviews Task 3: Conduct Survey and Compile Data To be initiated in Summer 2014 Task 4: Analyze Data and Prepare Report Draft report to be completed in December 2014

37 Its Purpose: Provide information to decision makers The primary goal of the study will be to document data received regarding statewide recycling activity and disposal. Estimate tons of material recycled statewide (2013) Estimate a statewide MSW recycling rate Provide commodity information at a statewide and COG level (where possible) Provide employment data by facility type Create participant facility directory Provide market trend analysis

38 Key Takeaways Designed for confidentiality Designed to limit potential double counting of material Web based Repeatable Provide economic impact data Provide market trends Demonstrates voluntary approach Provide directory of participants Aggregated data will be available Effort need your support

39 Questions? Contact us at - info@recyclingstar.org