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HomeMy WebLinkAboutMS Extended Producer Responsibility - State LegislatureCry OF � Agenda Item No: 3 h. no Meeting Date: January 17, 2012 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: MANAGEMENT SERVICES Prepared by:City Manager Approval: Stephanie Lovett*AtingEconomic Development Nancy Mackle, City Manager Director SUBJECT: 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 RECOMMENDATION: Adopt Resolution. BACKGROUND: 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. The Marin County HHW JPA has requested all members also adopt a policy statement regarding Extended Producer Responsibility ("EPR"). A model EPR resolution was part of the JPA zero waste toolkit. EPR requires manufacturers to take responsibility for the full cycle of their product, from manufacturing to the ultimate end. This policy will reduce waste going to Redwood Landfill. Currently, approximately 180,155 tons of discarded materials and products are sent to disposal from Marin County each year. 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. FOR CITY CLERK ONLY File No.: Council Meeting: Disposition: I i SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 ANALYSIS: 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 these costs are increasing substantially. Costs paid by local government to manage products are, in effect, subsidies to the producers of hazardous products and products designed for disposal. 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. 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. 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. The City of San Rafael is committed to reducing the City's contribution to global climate change by implementing green purchasing practices pursuant to Policy SU -13-d of General Plan 2020. A Statewide solution including EPR legislation that would shift the cost for recycling and proper disposal of products from local government to the producer and distributor of the product would assist in the City's efforts pursuant to General Plan Policy SU 13-d. FISCAL IMPACT: None ACTION REQUIRED: Accept the report and adopt the resolution as presented. 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, Fq 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 s Esther Beirne, City Clerk 3 CITY OF SAN RAFAEL lNG SLIP / APPROVAL FORM NSTRUCTIONS: USE THIS FC ORDINANCE FROM: IRM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT, OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY. SRRA / SRCC AGENDA ITEM NO. kl - DATE OF MEETING: 1/1/7/12 Stephanie Lovette Economic Development January 9, 2012 TITLE OF DOCUMENT: RECEIVED CTP� A-111ORNEY li 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 J-4 DepiAm'-ent Head (signature) (LOWER HALF OF FORM FOR APPROVALS ONLY) APPROVED AS COUNCIL / AGENCY APPROVED AS TO FORM: AGENDA ITEM: City Manager (44t'ure) City 'Aitor'n-ei(s-idhature) 4