15. Extended producer resp. ~ DEPARTMENT OF PUBLIC W01RKS
~
CUPERTINO -
SUMMARY
AGENDA ITEM ~ S AGENDA DATE Feb 4, 2008
SUBJECT AND I5SUE
A resolution of the City Council of the City of Cupertino supporting Extended Producer
Responsibility: ~
BACKGROUND
On February 8, 2006, California state iaw took effect, making it illegal .to dispose items defined
as"universal waste," including household batteries, fluorescent bulbs or tubes, thermostats, other
items that contain mercury, as well as electronic devices including VCRs, anicrowaves, ceilular
phones, cordless phones, printers, and radios. It is anticipated that the list of universal and other
waste products determined to be hazardous and banned from landfills will continue to grow as
demonstrated by the upcoming ban of sharps was#e (medical needles} in September 2008. State
policies currently make Iocal governments responsible for achieving waste diversion goals and
enforcing product disposal bans, both of which are unfunded mandates.
In May 2007 Cupertino's City Council approved the Agency Agreement for Countywide AB939
Implementation Fee. Tweniy cents per ton of this fee, or approximately $300,000 per year
{countywide) is fund.ed to provide Household Hazardous Waste (HH~ services due solely to
inczeases in universai waste collection. Currently, costs for disposing of many of these products
~ are paid~ for by taxpayers and ratepayers and can be expected to increase in the short term, unless
policy changes are made.
Significant environmental and hwman health impacts are associated with improper management
of universal waste products; including mercury, lead, cadmium and other toxic chemicals that
when disposed of improperly can contaminate water supplies. When producers are responsible
for ensuring their products are reused or recycled responsibiy, and when health and
environmental costs are included in the pmduct price, there is ax~. incentive to design products
that are more durable, easier to repair and recycle, and less toxic.
Adopting the proposed Extended Producer Responsibility (EPR} resolution calls on state
government to pass producer responsibility legislation that gives incentives for redesign of
products, making them less toxic; urges the City Council to send Ietters of support far EPR
15-1
legislation; encourages support for EPR legislation beyond universal waste; and establishes EPR
policy for the City's own contracts and purchases.
FISCAL IMPACT
There is no immediate fiscal impact to the City resulting from the adoptian of the Extended
Producer Responsibility resoluhon. Cost savings may be realized in the future by avoiding costs
of collection and disposal of universal and other potential hazazdous wastes.
STAFF RECONIlViENDATION
Staff recommends tha# the City Council adopt Resolution No. 08-~, supporting Extended
Pmducer Responsibility. ~ .
Subnutted by: Approved for Submission:
~'o~, Ralph A. Qualls, Jr. David W. Knapp
Director of Public Works City Manager
15-2
. ~R~Fr
~ RESOLUTION NO. 08-016
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTIN4
SUPPORTING EXTENDED PRODUCER ESPONSIBILITY
WIiEREA.S, on February 8, 2006 California's Universal Waste Rule (CCR, Title 22,
Division 4.5, Chapter 23) became effective; and
WHEREAS, the Univezsal Waste Rule bans landfill disposal of certain products that aze
deemed hazardous, including household batteries, fluorescent bulbs and tubes, thez~naostats and
other items that contain mercury, as well as electronic devices such as video cassette recorders,
nnicrowave ovens, cellulat- phones, cordless phones, printe~rs, and radios; and
WHEREAS, it is anticipated that the list of Universal and other waste products detern~ined
to be hazardous and therefore banned from landfills will continue to grow as demonstrated by the
upcoming ban of sharps waste into the municipal solid waste stream or any container used for
recyclable materials, in September 2008; and
WHEREAS, state policies currendy make local governments responsible for achieving
waste diversion goals and enforcing product disposal bans, both o£ which are unfunded mandates;
and ~ .
WHEREAS, local governments have no input on the design of the products, make no profit
from the products, and do not have the resources to adequately address the rising volume of
discarded producfs; and
WHEREAS, costs paid by local governments to manage products are in effect subsidies to
the producers of hazardous products and products designed for disposal; and
WHEREA.S, assuming a fifty percent recovery rate, collecting and disposing of products
currently banned from the landfills could cost local jurisdictions in Santa Clara Cownty an
estimated additional $3 million each year; and
WHEREAS, when additional products aze declared as hazardous by the State, the burden
to manage these items will fa11 to local jurisdictions and
WHEREAS, there are significant envirdnmental and human health impacts associated with
improper management of Unitversal Waste products; including naezcury, lead, cadmium and other
toxic chemicals that when disposed of improperly can contaminate water supplies; and
WHEREAS, Extended Producer Responsibility {EPR) is a policy approach in which
producers assume responsibility for management of waste products and which has been shown to
be effective; and
W~IEREAS; when producers are responsible for ensuring their products are reused or
recycled responsibly, and when health and environmental costs are included in the product price,
there is an incentive to design products that are more durable, easier to repair and recycle, azid less
toxic; and ' ~
15-3
Resolution No. 08-016 2
WHEREAS, EPR framework legislation establishes transparent and fair principles and
procedures for applying EPR ta categories of products for which improved design and management
infrastructure is in the public interest; and
WHEREAS, the City Council of G~pertino supports statewide_ efforts to hold producers
responsible for Universal Waste products and other product waste management costs; and
WHEREAS, the City of Cupertino wishes to incorporate EPR policies into the City's
product procurement practices to reduce costs and pratect the environment; and
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Cupertino
urges our representatives in Sacramento to pursue statewide extended producer responsibility
legislation that will give incentive for the redesign of products to make them less toxic and easier to
recycle, and sluft the cvst for recycling and proper disposal of products from the local government
to the producer and distributor of the product; and
BE IT FURTHER RESOLVED, that the Mayor of the City Council of the City of
Cupertino be authorized to se~nd letters to the League of California Cities, the California lntegrated
Was#e Management Board, and the State legislature and to use other advocacy methods to urge
support for EPR legislation; and
BE IT FURTHER RESOLVED, that the City Council of the City o£ Cupertino will
continue to support extended producer responsibility initiatives and statewide Iegislation beyond
universal waste to cover areas including other hazardous products, bulky packaging, and items like
plast~cs and multi-material products that are difficult to recycle; and .
BE IT FURTHER RESOLVED, that the City Council of the City o£ Cupertino support
producer responsibility polieies such as leasing products rather thati purchasing them and requiring
. the manufacturers of products sold to the City to offer less toxic alternatives and to take
responsihility for collecting and reeycling their products at the end of their useful life.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupectino, State of California, this 4th day of February 2008, by the following vote:
Vote Members of the City Council
AYES: .
NOES:
ABSEN'I': ~
ABSTAIN:
ATTEST: APPROVED:
City Clerk Mayor, City of Cupert~ino
~ 15-4