Toxic Couches: Producer Responsibility Policy Options February 14, 2014

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1 Toxic Couches: Producer Responsibility Policy Options February 14, 2014

2 CPSC Mission To shift California 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.

3 Tomorrow s ) Cradle to Cradle System Retailers Consumers Manufacturers Materials are recycled into new products Take Back Programs mail back, collection sites, haulers, local governments Funded by a grant from the Department of Resources Recycling and Recovery (CalRecycle)

4 In 2007 CalRecycle supports Product Stewardship For EOL management Strategic Directive 5; CalRecycle* will Seek statutory authority to foster cradle-to-cradle producer responsibility. Develop relationships with stakeholders that result in producer-financed and producer-managed systems

5 EPR laws* In 32 states around the nation *Not including beverage container deposit laws. CPSC 2014 Webinar, 30 January,

6 Canada s EPR System see inset full colour symbols mean program inplace or pending white washed symbols mean program proposed or under consideration StewardEdge, July 2010 Funded by a grant from the Department of Resources Recycling and Recovery (CalRecycle)

7 California EPR Legislation Ag Pesticide Containers 2. Recalled Products Take Back 3. Mercury Thermostat 4. Green Chemistry 5. Paint 6. Carpet 7. Brake Pads 8. Mattresses Gov. Brown Governor Schwarzenegger called AB 1879 the most comprehensive Green Chemistry program ever established and added that it puts an end to the less effective chemical bychemical ban of the past. CPSC 2014 Webinar, 30 January,

8 Toxic Couches: Options for Solutions Recommendation: Start with low-hanging fruit reduce arguments over legislation later. 1. Voluntary Recommend trying first 1. Dialogues, hearings 2. Agreements/covenants with triggers 3. Pilot projects test ideas, gather data 4. PR Campaigns to drive behavior 5. As You Sow shareholder resolutions 2. Mandatory Hard way 1. Local ordinances 2. State laws 3. Federal laws

9 Example: Grassroots Take-Back Campaign That Worked! Crayola, Make Your Mark Campaign In April 2012, Sun Valley Elementary Students petitioned Crayola to take-back plastic markers. CPSC advised Mr. Land's "Kids Who Care on EPR and promoted the campaign Dixon Ticonderoga established take-back Crayola started a program CPSC 2014 Webinar, 30 January,

10 Article in New York Times 12/7/12 quotes complaint: The household trash can is a better and safer alternative, the drug makers say Three organizations filed lawsuit: Pharmaceutical Research and Manufacturers of America (PhRMA), General Pharmaceutical Association & Biotechnology Industry Association Filed in Federal Court claiming violation of the Commerce Clause of the Constitution Alameda County Prevailed in 9 th Circuit Court 8/29/13! Then PhRMA Appealed 9/12/13 in Federal Court of Appeals

11 King County Board of Health Legislative body that sets county wide policies to promote the health of King County, WA residents. Board Chair Boardmember Councilmember Joe Mayor David McDermott Baker Subcommittee on Secure Medicine Return July 2013, collected input from stakeholders through fall of Policy discussions October 2012 through April Public hearing held May 16 th on draft legislation. Public hearing & adoption on June 20, 2013 PhRMA and 3 other associations sued Nov. 27, etakeback.aspx

12 SB 1014 Producer Take-Back for Medications Mirrors Alameda Ordinance, added OTCs Stakeholder negotiation meetings Contact Linda Barr at Senator Jackson s office Linda.Barr@sen.ca.gov

13 Voluntary Options For Toxic Couches 1. Data collection: How many pieces of furniture, what should be done with them, what can we afford to be done with them make the case to industry and approach the with the problem and options for voluntary solutions 2. Public Campaign Change.org, etc.. 3. Press coverage, presentations, other education 4. Legislative hearings at local or state level 5. Brands don t like brand impact with negative press 6. As You Sow Shareholder resolutions

14 Mandatory Options For Toxic Couches 1. Start with reports on problems and legislative hearings on problem and potential solutions elevate the conversation to lead up to bill 2. Legislation: Make the producers responsible for take back or providing clean furniture filling, prevent toxic couches from being donated to charity, prescribing retailers to take them back, other??? 3. Legislative Option is Last and Hardest! Do not under estimate the power corporate donations have on the political system in the US hire a great lobbyist!

15 EPR Legislation is Hard Producers have organized against it National Chamber of Commerce submitted an Amicus Brief opposing Alameda s pharma ordinance claiming EPR is a economic evil We are in the final stages of the denial phase of the grieving process by producers that they can externalize all the costs - We will move into acceptance soon and legal rules of the road will be laid making the path forward clearer and easier

16 We Can Love Our Couches Again!

17 Join Us! Heidi Sanborn Executive Director Connect!