Robin Schneider, Executive Director of Texas Campaign for the Environment August 21, 2008

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How to Make Texas Producer TakeBack Recycling Laws Work for Local Governments and Consumers Robin Schneider, Executive Director of Texas Campaign for the Environment August 21, 2008 1

before 1900 waste management was a private sector activity 2

rapid urbanization 1840: 1,800,000 1920: 54,000,000 3

4

citizens demanded action. 5

. local lgovernment responded d 6

7

Unintended consequences 1400 1200 1,213 1000 955 Pounds / Capita / Yea ar 800 600 400 200 187 92 358 607 387 Inorganics Food/Yard Products 0 14 25 1900 1960 2000 NYC USA USA Waste Generated 8

We ve created a niche for products designed for disposal 9

US Greenhouse Gas Emissions (2005): Conventional View Results Energy (by process) Residential 5% Agriculture 8% Waste 3% Electricity 34% Commercial l6% Industry 16% Transportation 28% Source: US EPA 10

US Greenhouse Gas Emissions (2005): Alternative ti View Local Passenger Transport 12% Provision of Goods & Materials 38% Building Energy Use 31% Inter-city Passenger Transport 7% Food 12% Source: US EPA (Preliminary) 11

Producer Responsibility Municipal Responsibility Made Stuff Producer Responsibility Grown Stuff Community Responsibility Compostable products pay their own way! 12

Benefits of Producer TakeBack Takes the financial burden off local governments to handle product waste Puts responsibility for end-of of-life on producers who make design decisions for their products Makes producers compete on how easily their products can be made, marketed AND recycled Market creates incentives for Cradle to Cradle design and toxic-free products 13

Voluntary Producer-Financed TakeBack Initiatives Lack Drivers for Success Survey: Rechargeable Battery Recycling Program Low on Juice Source: GreenBiz.com Washington, March 10, 2005 - The recycling efforts of the Rechargeable Battery Recycling Coalition (RBRC) are falling well short of the mark, according to a new survey by INFORM, Inc., a national environmental research organization... 14

Rechargeable Battery Recycling Program Falling Far Short of Stated Goals 2003 14.3 million Collection Amount Goal in Collected pounds in pounds 4 million 2004 16.9 million 4.4 million 15

Problems with Industry Rechargeable Battery Recycling Program that Has no Accountability Measures: Only 21 of the 41 stores visited in New York area had recycling boxes Collection boxes were often hidden from customer view behind a counter. Lack of knowledge among staff at many locations. INFORM 2005 16

States With E-Waste Laws Washington Oregon Nevada California Idaho Arizona Utah Montana Wyoming Colorado New Mexico North Dakota South Dakota Nebraska Kansas Oklahoma Minnesota Iowa Missouri Arkansas Wisconsin Michigan Illinois Indiana Kentucky Tennessee Ohio New York Pennsylvania West Virginia Virginia North Carolina South Carolina Vermont Maine New Hampshire Massachusetts Rhode Island Connecticut New Jersey Delaware Maryland Mississippi Alabama Georgia Hawaii Alaska States with producer responsibility e-waste laws Texas Louisiana States with ARF (consumer fee) e-waste laws Florida 15 States (plus New York City) have passed e-waste laws. (Illinois on Gov s desk.) 17

How Did Texas Become the 4 th State to Have an E-waste Producer TakeBack Law in Effect? Dell and other producers support for a bill Unanimous votes of support from local governments with diverse demographics Thousands of handwritten letters to state legislators from constituents Concerns of retailers & others addressed Unanimous bi-partisan support of legislators for first producer takeback law in Texas 18

TCE Starts Working with Local Governments to Back Producer TakeBack for E-waste City Ctyo of Georgetown City of Plano City of Kyle City of Dallas City of Highland Village City of San Marcos The City of Avery The City of Lakeway Hays County City of Austin City of Round Rock Tarrant County City of Rowlett Travis County City of Sherman City of Richardson 19

Benefits of Local Resolution Strategy Canvassers provide a way for residents to voice their support and identify leaders willing to take initiative Local governments begin learning about producer takeback Unanimous local government support demonstrates broad bi-partisan appeal and influences state legislators Press generates more interest and knowledge of producer takeback 20

21

April 10, 2007 Local government leaders, recyclers and TCE press conference at State Capitol Austin Councilmember Lee Leffingwell & Buda Councilmember David Salazar add their voices of support. 22

23

May 2007 Push for inclusion of TVs in HB 2714 Yields Commitment to Address TVs in 2009 24

E-waste Bill Passes Unanimously in Texas! 25

September 1, 2008 Texas becomes the 4 th state with a producer responsibility law in effect www.texasrecyclescomputers.org 26

HB 2714 - A Foundation to Build on for Success Making our First Producer TakeBack Law Work LOCAL GOVERNMENTS LEFT HOLDING THE BAG? HB 2714 does NOT guarantee that household e-waste collected by local governments will be taken back by producers TVs WERE NOT INCLUDED Rep. Bonnen pledged d to address TVs in 2009 Sen. Watson will work to extend law to TVs. NO ACCOUNTABILITY FOR RESULTS No goals or convenience guarantees. Annual reports has few detailed d requirements. 27

HB 2714 - A Foundation to Build on for Success (cont d) WEAK RECYCLING RULES No transparency on exports or bans on prison language. DISPOSAL BANS DRIVE DEMAND FOR RECYCLING Landfilling & incinerating hazardous e-waste by households still OK IF A TREE FALLS IN THE FOREST Public education has no funding. No registration fees. WILL ORPHAN PRODUCTS BE ADDRESSED? Few companies take back products of other producers. 28

Possible Clean Up Provisions on Ewaste TakeBack k Recycling Law in 2009 Add TVs to e-waste takeback requirements e e Make sure that local governments are not saddled with costs for household e-waste recycling Ban the landfilling and incineration of toxic e- waste Better feedback and reporting requirements for annual reports Adequate funding for public education/administration at the state and local levels 29

Other Possible State Legislative Initiatives in 2009 Producer takeback recycling for CFLs and other mercury-containing containing lighting Framework legislation for future producer takeback recycling laws 30

Next Steps on Advancing Producer TakeBack Recycling cling in Texas Collaborate ate to do effective ect e public education campaigns on computer takeback Develop a common agenda & broad coalition on producer takeback k part of legislative l i agenda, including statewide local government associations, i.e. Texas Municipal League & Tx Assn of Counties Press for responsible recycling at the federal level, i.e. House Resolution 1395 on export and binding legislation in 2009 Assemble a local government coalition for producer takeback, i.e. a Texas Product Stewardship Council 31

Big Picture: What should local governments do to shift the system? 1. Regulate 2. Provide service 3. Educate 4. Purchase 5. Organize 32

1. Regulate Local EPR resolutions, plans We re phasing out free product management Lobby for state EPR legislation Local landfill bans If it can be recycled, it doesn t belong in the landfill Zoning, business licensing! If it can be recycled, it doesn t belong in the landfill 33

2. Provide Service Focus on organics recycling - especially food Transition to contractual t discard d management - financed by producers Develop transitional financing strategies - for Zero Waste Survey waste by brand owner -vs. by material 34

3. Educate Public- private partnerships 35

4. Purchase Put takeback in purchasing contracts www.productpolicy.org 36

5. Organize Local Government Product BC-PSC NW-PSC C-PSC Hawaii British Columbia Washington Oregon California Nevada Idaho Arizona Utah Montana Stewardship Councils Wyoming Colorado New Mexico Oklahoma? Ontario?? MW-PSC Tennessee NS-PSC Maine Nova Scotia North Dakota Vermont Minnesota? Wisconsin New Hampshire South Dakota New York Massachusetts Michigan Rhode Island Connecticut Iowa Pennsylvania Nebraska New Jersey Ohio Illinois Indiana Delaware West Maryland Virginia Kansas Virginia Missouri Kentucky North Carolina? Texas Arkansas Louisiana Mississippi Alabama Georgia South Carolina? Florida 37

For More Information Texas Campaign for the Environment Robin Schneider, TCE Executive Director (Central TX) 512-326 326-5658 robin@ texasenvironment.org Zac Trahan, TCE Program Director (Houston) zac@texasenvironment.org Jeff Jacoby, TCE Staff Director (DFW) 214-599-7840 jeff@texasenvironment.org www.texasenvironment.org www.texastakeback.com www.takebackmytv.com 38