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"Framework" Producer Responsibility Legislation Momentum Continues

May 21, 2009

CONTACT
Bill Sheehan, Exec. Director
Product Policy Institute
706.613-0710 * bill@productpolicy.org

  FOR IMMEDIATE RELEASE

 “FRAMEWORK” PRODUCER RESPONSIBILITY LEGISLATION MOMENTUM CONTINUES
Three States Looking to Framework Policy to Reduce Product and Packaging Waste

Athens, Georgia (May 21, 2009) – In an effort to reduce products and packaging and relieve government budgets of growing management costs, state legislators are increasingly turning to a policy approach that addresses the problem at the source and in a comprehensive, rather than piecemeal, way. “Framework” product stewardship legislation was introduced in California, Oregon and Washington this year and this week was introduced in Minnesota.  An EPR framework study resolution is advancing in Rhode Island.

The “framework” policy approach to product stewardship, or Extended Producer Responsibility (EPR), requires producers to take responsibility for their products from design to disposal.  The framework approach allows one law to establish EPR as policy and gives state government agencies the authority, through regulation, to address multiple products over time.  Producer responsibility has also been identified as an important strategy to address state climate change goals. Several provinces in Canada, including Ontario and British Columbia, already have successful EPR framework regulations in place.

The goal of EPR framework policies is to transfer waste management costs from taxpayers and ratepayers to producers and consumers and thereby stimulate innovation in more sustainable products and packaging.

EPR legislation is currently being considered in California, Minnesota and Rhode Island. Legislation was introduced earlier this year in Oregon and Washington, the latter as part of the Governor’s Climate Action Team recommendations.  Neither bill passed this year.

CALIFORNIA:  On April 21, 2009, the Assembly Natural Resources Committee approved “The California Product Stewardship Act,” AB 283, introduced by Assemblymember Wesley Chesbro (D-Arcata). The landmark bill is scheduled to be heard in Appropriations on May 27th.

“AB 283 supports a smaller government, free-market solution to product waste problems” said Heidi Sanborn, Executive Director of the California Product Stewardship Council.  “Producers of a product will compete against each other to have the most cost-effective recycling programs which reduces the overall cost of recycling as compared to expensive government-managed systems.”

MINNESOTA:   Rep. Paul Gardner (D-Dist. 53A) introduced an EPR framework bill, HF 2407 on May 18th, the final day of the 2009 legislative session. As it was introduced during the first year of the biennium, the bill is eligible for consideration during the 2010 legislature. The bill follows similar proposals in California, Washington and Oregon, , as well as a report by the Minnesota Pollution Control Agency. 

“Framework principles address many products at once, rather than the current product-by-product legislation that is slow and costly,” said Rep. Paul Gardner (D-Dist. 53A). “Legislation will streamline the process of adding difficult-to-manage products and packaging over time, saving government and taxpayers money while providing environmental benefits.”

RHODE ISLAND:   An EPR framework resolution unanimously passed the Rhode Island State Senate on May 12, 2009; a companion bill is being considered in the House. The resolution directs the Department of Environmental Management to develop recommendations for establishing a comprehensive product stewardship approach to reducing environmental health risks posed by the use and disposal of products and packaging.  

“It is time we take the burden of managing waste away from local governments, taxpayers and ratepayers” said Sheila Dormody, Director of Clean Water Action of Rhode Island, an organization supporting the legislation. “For too long producers have been disconnected from the disposal system. We believe that if producers are involved in the entire process, from design to disposal, they will design more durable, less toxic products.”

OREGON:  Introduced February 27, 2009, HB 3060 named mercury-containing lights and rechargeable batteries as initial product areas, and designated the state Environmental Quality Commission to adopt recommendations to the legislative body for future products.  The bill did not pass out of committee in 2009.

WASHINGTON:  Framework legislation, HB 1718, was introduced January 27, 2009 as part of an omnibus greenhouse gas emission reduction bill. The framework named five initial product areas (carpet, mercury-containing-lighting, mercury-containing thermostats, paint, and rechargeable batteries) and delegates future product designation to the Department of Ecology. The bill did not make it out of committee by the February 20 deadline.

PRODUCT POLICY INSTITUTE (PPI) is leading a national initiative for the EPR framework policy approach through its work in forming state local government Product Stewardship Councils.  All of the EPR framework bills introduced so far follow “Joint Framework Principles for Product Stewardship Policy. ”  These principles were drafted by the Northwest and California Product Stewardship Councils and harmonized with assistance from PPI.  The principles have been adopted by Councils in New York, Texas, Vermont and British Columbia.

“These laws will relieve the financial burden on local governments of managing difficult and toxic products and will stimulate manufacturers to design better products,” said Bill Sheehan, Executive Director of the Product Policy Institute (www.productpolicy.org ). “The fact that states with different governments and history are all considering EPR as a viable solution to waste management speaks volumes to the fact that local governments are tired of managing products and packaging designed for disposal.”

FREE WEBINAR:  A great opportunity to learn from the experts about EPR framework legislation is a free webinar organized by Product Policy Institute in partnership with US EPA, Region 10.  The Webinar is Tuesday, May 26 at 10 am Pacific; 1 pm Eastern.

Framework EPR Legislation: Government’s Role:  Extended Producer Responsibility (EPR), also known as Product Stewardship, is a government strategy to place the responsibility for end of life product management on the producer and consumers of a product and not the general taxpayer or local government. The “framework” approach allows one law to establish EPR as policy and gives state government the authority to address multiple products over time. Several provinces in Canada, including British Columbia, already have Framework EPR regulations in place. Join Sego Jackson of the Northwest Product Stewardship Council, Heidi Sanborn from Product Policy Institute, and Garth Hickle from the Minnesota Pollution Control Agency for a discussion on state-by-state Framework EPR legislation and local government’s pivotal role.

CONTACTS AND LINKS

Product Policy Institute: http://www.productpolicy.org/content/epr-framework

  • Bill Sheehan, Executive Director,  (706) 613-0710

California

Minnesota

Rhode Island

Oregon

Washington

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