Product Stewardship Stakeholder Group Begins Work

Link to main DEQ Product Stewardship Task Force page here.
Link to group roster here.

Oregon DEQ's Product Stewardship Stakeholder Group had its first meeting on Friday, January 29, 2010. The group discussed the workplan suggested by DEQ; reviewed the DEQ set "group goals"; and heard presentations on product stewardship background; Oregon's current electronics recycling project; and on the soon to be launched paint stewardship pilot.

Group goals as suggested by DEQ:

1. Become informed about the current "state of the practice" in product stewardship;
2. Use the experience and expertise of the stakeholders to develop a report that addresses:
   a. Fulfilling the promise of product stewardship to address the impacts of products across their lifecycle;
   b. How stewardship programs are best set up and run – e.g., financing, producer responsibility organizations, and general structure;
   c. Elements of a successful program – e.g., performance goals, convenience standards, environmental management;
   d. Identification and selection of products.
3. Provide DEQ with guidance about how solid waste policy and programs can incorporate the product stewardship approach;
4. Consider potential legislative recommendations for the 2011 legislature.

Materials handed out to the committee stated that: "The group is not being asked to define product stewardship. The group is not discussing "whether or not" product stewardship, but rather ‘how' product stewardship. The group is striving for greater knowledge, not necessarily consensus." When questioned about this ban on "whether or not" discussions, DEQ staff response differed. One staff member said that since Oregon already has product stewardship programs (paint and electronics), the question had been settled. Another staff member indicated a more flexible approach, saying that conversations about the size and number of product stewardship programs were important and expected.

DEQ proposed a workplan for the committee covering eight meetings:

• First meeting for organizational purposes (held January 29, 2010);
• Two meetings on governance issues, including:
• System financing;
• Convenience standards;
• Performance measures;
• Disposal bans;
• Roles and responsibilities of retailers, manufacturers, consumers, etc.
• One meeting on environmental and health protection aspects of product stewardship programs;
• One meeting on "upstream improvements" that could be encouraged through product stewardship programs;
• Two meetings on moving forward:
• Product identification;
• Voluntary and legislated programs;
• Harmonization of Oregon product stewardship programs with those of other jurisdictions.
• Final meeting for comment of draft report.

Although not firm, proposed future meeting dates are March 10, April 22, June 17, July 28, September 15, October 14, and November 9.

Plastic Bag Legislation - Response Requested

The Senate Environment & Water Committee held hearings yesterday on SB 1009, which would prohibit the use of plastic bags as "checkout bags" in any retail establishment. The bill allows the use of reusable bags (may be plastic if more than 2.25 mils thick), paper bags, or other bags specified by the Environmental Quality Commission by rule to be used as checkout bags. The Department of Environmental Quality would be authorized to impose a civil penalty for violation of the prohibition.

A compromise is being considered in the form of a "safe harbor" provision. The provision would exempt retailers from any local regulations banning or taxing plastic bags if that retailer qualifies under the following safe harbor standards:

• The retailer provides signage outside the store reminding consumers to remember their reusable bags. Signs must be visible and compliant with local ordinances. The retailer would retain the right to make signs harmonize with their own company's branding;
• The retailer provides reusable bags available for sale and immediate use in visible and convenient areas;
• The retailer provides a recycling container for the collection of plastic bags in a visible and convenient area.

If a retailer qualifies under the safe harbor standards, they would be exempt from local regulation. The state itself would not impose any laws, rules or regulations on distribution of plastic bags, other than providing the above safe harbor.

Because the bill will be up for a hearing and work session later this week, it is very important that AOI hear from you by close of business (PST) Thursday, February 4, 2010. Would your company support the concept outlined above? If not, please contact Betsy Earls with the problems you see with SB 1009.

If you would like to see the actual bill, click here