Kim A. Mote,

City of Fort Worth

& Maia Corbitt ,

STAR - Executive Director

June, 2014

Legislative Issues &

Product Stewardship in Texas

waste

management

was a private

sector activity

Before 1900 …

1840: 1,800,000

1920:

54,000,000

rapid

urbanization

citizens demanded action ….

…. local government responded

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 - 1905

955

92

187

0

200

400

600

800

1000

1200

1400

1900

NYC

Inorganics

Food/Yard

Products

14

358

607

1960

USA

80

450

1132

2010

USA

“Waste Generated”

Unintended consequences

Ash, Garbage

Simple products

Discards Changed

Mostly

Products,

packaging

Dense +

Homogenous

Bulky

Complex

Toxic

Purpose Changed

Public

Health

Resource Conservation &

Convenience

A “New” Approach for the

21ST Century

Current waste system devised for sanitation

purposes in early 20th 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."

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.

What does EPR do?

By the passage of laws, shifts end-of-life materials management from governmentfunded and ratepayer-financed waste diversion to a strategy that relies on producer responsibility, intended to:

reduce public costs and

drive improvements in product design

Extended Producer Responsibility Laws

in 2006

Product Stewardship Institute Website – June 2012

Extended Producer Responsibility Laws

Product Stewardship Institute Website – June 2014

as of June 2014

Extended Producer Responsibility

Legislation in Texas …

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 /2013 – 24.1 million pounds collected

o 3 /2014 – 20.2 million pounds collected

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, 2012.

o Televisions collected in 2013 under both

individual company plans and RLP was

4 ,988,188 pounds

Recycling Related Bills in 82nd

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

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

What Passed in 82nd

Legislature?

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

& SB 459 2486 – Scrap

Tires

SB 875 – Regulating

purchase of plastic bulk

merchandise containers

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

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

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 7th 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 2011

2013 – 2014 TxPSC has been doing background studies on used

paint management and scrap tire management

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)

Rethink tires as a resource – not a

waste .

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

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.

Session 2015 Expectations

Tires

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.

2013 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.

2015 Session ???

Metals

Plastic Bags

Beverage Containers

Solid Waste F und 5000

Regarding Prospects for the 84th

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.

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.

Durring the 2009 Legislative Session – Survey of STAR

membership and statute review.

2010 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

2011 Session – ( Allen) HB 1775

Relating to a study on

waste reduction and a statewide waste reduction plan

• Public meetings to discuss groups recommendations

• Statewide Survey Development Stakeholder group

• Partnership with TXSWANA

• TCEQ Municipal Solid Waste Recovery Advisory Council

( MSWRAC) resolution

Brief History continued -

• 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

Statewide Survey Development Stakeholders

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

Brief History cont.

2013 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

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

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

Questions?

Contact us at - info@recyclingSTAR.org