HomeMy WebLinkAboutCC Resolution 13286 (Environmentally Preferable Purchasing)RESOLUTION NO. 13286
A RESOLUTION URGING THE CALIFORNIA STATE LEGISLATURE TO
ENACT AN EXTENDED PRODUCER RESPONSIBILITY FRAMEWORK,
REQUESTING THE CITY'S LOBBYING EFFORTS INCLUDE EXTENDED
PRODUCER ADVOCACY, AND COMMITTING THE CITY TO THE GOALS OF
ENVIRONMENTALLY PREFERABLE PURCHASING
WHEREAS, approximately 180,155 tons of discarded materials and products
are currently sent to disposal from Marin County each year; and
WHEREAS, on February 8, 2006 California's Universal Waste Rule (CCR,
Title 22, Division 4.5, Chapter 23) became effective; and
WHEREAS, the Universal Waste Rule banned landfill disposal of certain
products that are deemed hazardous, including household batteries, fluorescent
bulbs and tubes, thermostats and other items that contain mercury, and
electronic devices such as, televisions, cell phones, microwave ovens, printers,
and computers; and
WHEREAS, it is anticipated that the list of waste products determined to be
hazardous or problematic will continue to grow and will therefore be banned from
landfills as demonstrated by the 2007 ban of treated wood and the 2008 ban on
sharps; and
WHEREAS, State policies currently hold local government responsible for
achieving waste diversion goals and enforcing product disposal bans, both of
which are unfunded mandates; and
WHEREAS, the costs to collect, manage and dispose of Universal Waste
items now banned from the trash are currently borne by Marin County, cities
within Marin County and local ratepayers and because of the bans these costs
are increasing substantially and will continue to do so unless policy changes are
made; and
WHEREAS, costs paid by local government to manage products are, in
effect, subsidies to the producers of hazardous products and products designed
for disposal; and
WHEREAS, the City of San Rafael is a member of the Marin County
Household Hazardous and Solid Waste Joint Powers Authority ("Marin County
HHW JPA"), which passed Resolution 07-02 on November 14, 2006 resolving to
support statewide extended producer responsibility legislation to shift the cost for
recycling and proper disposal of products from local government to the producer
and distributor of the product; and
WHEREAS, the City of San Rafael adopted a Climate Change Action Plan in
2009 and added a Sustainability Element to the San Rafael General Plan 2020 in
2011 which included Policy SU -9 to adopt a Zero Waste goal and plan to reduce
material consumption and waste generation, increase resource re -use and
composting of organic waste and recycle to significantly reduce and ultimately
eliminate landfill disposal; and
WHEREAS, there are significant environmental and human health impacts
associated with improper management of Universal Waste, sharps,
pharmaceuticals, and other products and economic impacts when waste
becomes litter, including ocean litter; and
WHEREAS, Extended Producer Responsibility ("EPR") incorporates the cost
of disposal and recovery for discarded products into the purchase price and
reduces the financial burden on local taxpayers and garbage ratepayers; and
WHEREAS, EPR encourages reuse and recycling and also encourages
producers to consider the health and environmental costs associated with the
products they create and to include those costs in the product price, thereby
creating an incentive to design products that are more durable, easier to repair
and recycle, and are less toxic; and
WHEREAS, the City strives to incorporate EPR policies into the procurement
practices to reduce costs and protect the environment; and
WHEREAS, the National and California League of Cities adopted policy
statements in support of a framework approach to EPR; the Solid Waste
Association of North America adopted a policy supporting EPR, and the
Association of State and Territorial Solid Waste Management Officials adopted a
Product Stewardship Framework Policy Document;
WHEREAS, approximately 14% of the Greenhouse Gases (GHG) generated
by the community of San Rafael are associated with waste disposal, and the City
is committed to reducing GHG pursuant to its Climate Change Action Plan,
General Plan Sustainability Element, and GHG Reduction Strategy;
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby joins
with the Marin Hazardous and Solid Waste JPA in urging the California
Legislature to continue taking timely action to implement the Framework for an
EPR System adopted by CalRecycle in 2008 to manage problematic products;
and
BE IT FURTHER RESOLVED, that the City Council additionally urges the
California Legislature to enact framework EPR legislation which will require
producers to conform with EPR practices and give producers the incentive to
design and produce products to make them less toxic and easier to reuse and
recycle; and
BE IT FURTHER RESOLVED, that the City Council encourages the
Department of Toxic Substances Control to implement the Green Chemistry
initiative to manage Universal Waste and other toxic products; and,
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BE IT FURTHER RESOLVED, that the City Council requests the Mayor to
send letters to the League of California Cities, the California State Association of
Counties, the California Chamber of Commerce, the Department of Toxic
Substance Control, and the State Legislature and to use other advocacy
methods to urge support for EPR product and framework legislation and related
regulations; and
BE IT FURTHER RESOLVED, that the City Council joins the Marin County
HHW JPA in encouraging all businesses in Marin County, and manufacturers
and suppliers whose products are sold within Marin County, to share in the
responsibility for eliminating waste through minimizing excess packaging;
designing products for durability, reusability and the ability to be recycled; using
recycled materials in the manufacture of new products; reaching out to
customers regarding EPR practices; and providing financial support for
collection, processing, recycling, or disposal of used materials; and,
BE IT FURTHER RESOLVED, that the City Council requests the Marin
County HHW JPA to identify ways to reduce the waste impact of businesses and
manufacturers that are contributing materially to the community's waste stream
by not conforming with EPR practices; and
BE IT FURTHER RESOLVED, that the City Council commits to the following
goals for City operations and encourages similar goals for other agencies and
businesses within Marin County through the Marin County HHW JPA: Reduce
occupational health hazards for City staff as well as reduce exposure of City
residents and visitors to potential toxics; reduce City's contribution to global
climate change by implementing green purchasing practices pursuant to Policy
SU -13-d of General Plan 2020.
BE IT FURTHER RESOLVED that this Resolution shall take immediate
effect upon adoption.
1, ESTHER BEIRNE, City Clerk of the City of San Rafael, hereby certify that the
foregoing resolution was duly and regularly introduced and adopted at a regular
meeting of the City Council held on Tuesday, January 17, 2012, by the following
vote, to wit:
AYES: COUNCILMEMBERS: Connolly, Heller, Levine, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Esther Beirne, City Clerk
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