October 2022

Legislation

Oregon

Rulemaking Advisory Committee meetings
Oregon DEQ is undertaking rulemaking to clarify and implement the Plastic Pollution and Recycling Modernization Act of 2021. The Act requires producers of packaging, paper products, and food service ware to support and expand recycling services in Oregon for their products. This is the first of two anticipated rulemakings related to the Act. For this first rulemaking, DEQ plans to propose rules related to topics including producer responsibility program plan content; DEQ's administrative fees; the funding and reimbursement of local governments for eligible recycling-related expenses; and the materials suitable for recycling collection in Oregon. DEQ is convening an advisory committee to review the technical issues and fiscal impacts related to the proposed rules. Upcoming meetings are on Nov. 9 and Dec. 14, 2022.

Mattress EPR enacted
SB 1576, establishing a product stewardship program for mattresses, was signed into law March 24 and became effective June 3, 2022. Oregon joins three other states with mattress EPR programs: Connecticut, Rhode Island, and California. Learn more on DEQ's website.

Bottle Bill expansion
SB 1520, which makes several revisions to Oregon's deposit return system, was signed into law on March 24, 2022. Beginning Jan. 1, 2024, wine in cans will be subject to a 10-cent refund value.

Truth in Labeling report
The Truth in Labeling Task Force (part of the Plastic Pollution and Recycling Modernization Act passed in 2021), submitted their report and recommendations regarding recyclability claims for products and packaging to the Oregon legislature on June 1, 2022.

Modernizing Oregon E-Cycles
DEQ held two stakeholder workshops this summer to identify and analyze options for modernizing Oregon's E-Cycles program through legislation to be introduced in 2023. Find future workshops and past presentations on Oregon E-Cycles.

Washington

House work session on recycling and EPR
The House Environment & Energy committee held a Sept. 26 work session on efforts to improve product lifecycle management and increase recycling, with presentations from the Dept. of Ecology, the American Beverage Association, Republic Services, Zero Waste Washington, Association of Washington Cities, and Seattle Public Utilities. Watch video of the 60min work session on TVW.

California

New Battery EPR law
California AB 2440, the Responsible Battery Recycling Act of 2022, was signed into law September 16. This law repeals and replaces the Rechargeable Battery Recycling Act of 2006 and the Cell Phone Recycling Act of 2004 on Jan. 1, 2027, and Jan. 1, 2028, respectively. The new extended producer responsibility (EPR) law requires battery producers to create a stewardship organization to manage collection, transportation and recycling of batteries sold throughout the state, and, beginning Jan. 1, 2027, achieve a "minimum recycling efficiency rate of 60% for rechargeable batteries and 70% for primary batteries." CalRecycle must adopt regulations to implement the law no earlier than April 1, 2025.

E-waste EPR expansion
Governor Newsom signed SB 1215 into law on September 16, which expands the state's Electronic Waste Recycling Act of 2003 to include battery-embedded products. In a press release, bill author Senator Josh Newman said that, "in addition to giving consumers an easy way to recycle their battery-embedded products… [this bill] will prevent fires and environmental accidents from occurring, thereby protecting the health of the public, reducing the risks to waste facility workers, and better safeguarding California’s land, water and air."

Bottle Bill expansion
On September 27, Governor Newsom signed SB 1013 into law. The law makes several revisions to California’s deposit return system and expands the scope of covered beverages and containers. Beginning Jan. 1, 2024, wine and distilled spirits in boxes, bladders, or pouches, or similar containers will be subject to a 25-cent refund value.

Single-use propane cylinder bill vetoed
The California legislature passed SB 1256 banning the sale of disposable one-pound propane (camp stove) cylinders beginning in 2028 - however, Governor Newson vetoed the bill due to concerns with inhibiting "the success of building a circular system in California." In a letter to the Governor, the California Product Stewardship Council, National Stewardship Action Council (NSAC), and other supporters, cited the "existing exchange and refilling infrastructure" for one-pound cylinders in California through Refuel Your Fun, as well as the similar, decades-old infrastructure for 5-gallon BBQ style propane tank refill and exchange, as reason for supporting the bill.
Meanwhile, in May, Connecticut became the first state to pass an EPR law for consumer gas cylinders (those greater than 0.5lbs but not exceeding 50lbs), HB 5142.

Programs & News

Economic impacts to consumers from EPR
Prof. Satyajit Bose of Columbia University, in a policy brief with funding from The Recycling Partnership, examined the economic impacts of EPR on consumer prices. Among the brief's conclusions: packaging is rarely more than 2% of the total cost of a product and there is never a case where brands can pass 100% of compliance costs to consumers.

Job opening at Dept. of Ecology
The Washington State Dept. of Ecology is hiring a Product Stewardship Unit Supervisor: this is a statewide opportunity ("location is dependent on where the finalist lives") and the newly created position will represent solid waste management in planning and stakeholder engagement for new product stewardship and extended producer responsibility (EPR) programs, and supervise existing product stewardship staff that implement the E-Cycle, PaintCare, and Mercury Lights programs. Applications are due by October 25.

Events & Webinars

• Oct. 24 webinar Batteries: the Positives, Negatives, and Everything in Between from WSRA & Hazardous Waste Management Program: 9-11:30am (Pacific)
• Oct. 24 webinar Clean Lighting: how states can cut mercury and phase out fluorescent bulbs, from ACEEE, NSAC, and MPP: 12pm (Pacific)
• Oct. 27 webinar PSI & EXPRA EPR master class on Compostable Plastics: 11:30am-1pm (Eastern)

On October 6-7, the NWPSC visited facilities that are part of EPR programs in British Columbia and met with elected officials and staff from Metro Vancouver and some of their cities. We saw how mixed plastics were sorted and processed at Merlin Plastics – a vital part of Recycle BC's Packaging and Paper Products EPR program. Their recycling rate is over 80%. Recycle BC ensures that residential recycling services are provided to 99% of households across British Columbia and covers all costs for running the recycling system in the province: collection, sorting, processing, and marketing of recycled materials.

SB 54: The Path to Passage: on September 28, the National Stewardship Action Council (NSAC) and The Recycling Partnership hosted a free, two-hour webinar on SB 54, California's Plastic Pollution Prevention and Packaging Producer Responsibility Act signed into law on June 30, 2022. SB 54 lead author Senator Ben Allen and Senior Policy Advisor Tina Andolina presented along with key negotiation stakeholders to share the details regarding the process, how an agreement was reached, the timelines for implementation, and more.

Recology King County Roundtable: on August 25, Recology brought together stakeholders to discuss the need to work in tandem to improve the circularity of items coming through our recycling system. The roundtable featured Congresswoman Kim Schrier (WA-8), King County, Coca-Cola, Keurig Dr. Pepper, Zero Waste Washington, Seattle Aquarium and more.

Engage with the Northwest Product Stewardship Council
Add your voice and join the Northwest Product Stewardship Council (NWPSC) as an Associate or Community member.
Follow the NWPSC on Twitter (@StewardshipNW) for product stewardship information from Washington, Oregon and elsewhere.

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The Northwest Product Stewardship Council (NWPSC) is a coalition of government agencies in Washington and Oregon working on solid waste, recycling, resource conservation, environmental protection, public health and other issues. Together with non-government agencies, businesses and individuals, we form a network that supports product stewardship and extended producer responsibility (EPR) policies and programs. For more information, contact info@productstewardship.net or visit us at www.ProductStewardship.net.

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