Scott Cassel, PSI Executive Director/Founder January 19, 2011

1. Legislative Approaches to Chemicals Policy and Product Stewardship: What’s Happening Nationally and How to Weigh In Scott Cassel, PSI Executive Director/Founder January 19, 2011

2. Who is the Product Stewardship Institute? • Non-profit founded in 2000 • Membership • 46 States • 200+ Local governments • 70+ Corporate, Organizational, Academic & Non-U.S. Government Partners • Board of Directors: 7 states, • 4 local agencies • Multi-stakeholder product stewardship network

3. We are all responsible… Shared Responsibility • Manufacturers • Retailers • Other Businesses • Government • Consumers

4. But some are more responsible than others.(Producer Responsibility)

5. Extended producer responsibility Extended Producer Responsibility (EPR), a central tenet of product stewardship, is a policy approach in which the producer’s responsibility for their product extends to the post-consumer management of that product and its packaging.

6. Common Elements of EPR Laws • Producer responsibility • Producer plan submitted to state agency • State agency reports to state legislature • Recycling requirement • Performance goals • State agency enforcement and oversight • Public comment periods for plans/reports

7. Examples of Additional Provisions: “EPR +” • Mercury content standards (fluorescent lamps) • Sales bans (mercury thermostats) • Disposal bans • Solid waste • Flushing (pharmaceuticals) • Mandates for other stakeholders (wholesalers must collect thermostats)

8. State “Extended Producer Responsibility” Laws 11

9. * CA was the first state to pass an electronics law, but it is based on an advanced recycling fee. 12

10. State Legislative MomentumEPR Laws & EPR 2010 Legislation 23 60+ EPR laws in 32 states (including laws on carpet, cell phones and agricultural pesticide containers) 14 9 8 2 2 4 1 3 2 4 3 2010 bills (per product)

11. Recent Wins on Product Stewardship LOCAL 1st U.S. phone books law passed on October 11, 2010 (Seattle) STATE 2nd paint law passed September 28, 2010 (California) 1st carpet law passed September 30, 2010 (California) 23rd e-waste EPR law passed on November 24, 2010 (Pennsylvania) FEDERAL Change in Controlled Substances Act passed on October 12, 2010 (pharmaceuticals)

12. Other Legislative Efforts 2010: ME, MN, MD, RI, WA, San Francisco 2009 CA law points to drug makers Included in VT’s 2010 framework bill 2010: CA legislation

13. Legislative Opportunities – 2011 • “Tier 2” • All batteries • Gas cylinders • Mattresses • Medical sharps • Packaging & printed material “Tier 1” • Carpet • Electronics • Fluorescent lamps • Framework • Paint • Pharmaceuticals • Phone books • Rechargeable batteries • Thermostats

14. Trends in EPR Legislation • More products considered for EPR approach • Movement towards “framework” approaches • Recognize value of strong performance measurement • Collection rates • Convenience • Study bills provide momentum for EPR laws • States enhancing older EPR laws (e.g., electronics) based on lessons learned • EPR ordinances at the local level

15. Local Level EPR Ordinances Recent developments at the local level: • Seattle, Washington (10/10) First mandatory opt-out for phone books; also requires companies to help pay for recycling • San Francisco, California (12/10) Would create a producer-run take-back program for unwanted medicines **Requires additional vote and mayor’s signature

16. Product Stewardship Allies: councils & other groups promoting product stewardship

17. Contacts • Scott Cassel • PSI Executive Director/Founder • 617-236-4822 • scott@productstewardship.us • Sierra Fletcher • PSI Director of Policy & Programs • 617-236-4886 • sierra@productstewardship.us • www.productstewardship.us