NRC CONVENTION: Debating Recycling at the State and Federal Level Resource Recycling

9/18/2003

A bevy of laws at the state level look to address recycling or corporate responsibility in some manner. Panelists of "Searching for Solutions: Recycling Debates at the State and Federal Levels," helped attendees of the National Recycling Coalition's (NRC) 22nd Annual Congress & Exhibition wade through the profusion of legislation. Grahame Watts of the City of Thousand Oaks and a member of the California Resource Recovery Association, moderated the session, which
included panelists Michele Raymond of State Recycling Laws Update, Jerry Power of Resource Recycling Magazine and Darryl Young of the California Department of Conservation.

Watts pointed out that electronics recycling is a "hot" issue for many states, as is tire recycling. He added that while lots of funds are going toward tire recycling, the area still suffers from market development issues that act as a hindrance. "Without market development, there is no point to recycling," Watts said.

Raymond echoed Watts assertion that electronics is a hot issue. "Electronics is the hottest legislative issue we are covering at this time," she said. In contrast, not much is happening in terms of packaging recycling, Raymond said.

Before getting into the progress of the various laws she is tracking, Raymond offered a few statistics about the recycling and waste in general. According to Chartwell Data, the national recycling rate is up one percent from last year to 25 percent, though the waste trend line is increasing. Washington State has the highest recycling rate at 37 percent, Raymond reported. Twenty-two of 32 states polled say that the economy has negatively impacted their recycling programs, with 13 states
expecting cutbacks and 17 states expecting their budgets to remain level.

Raymond said that 408 bills were introduced in 2003, 50 more than in 2002. Of these bills, 90 were mercury related, 13 of which were passed, she said. Twenty-six states introduced 52 bills related to electronics, of which Rhode Island's is the most stringent.

In addition, 70 deposit-related bills a record number were introduced in 2003, Raymond reported. Many proposed expanding existing deposits beyond beer and soft drinks to include "new age" beverages. In an attempt to secure additional sources of revenues, many of the bills also called for the state to keep unredeemed deposits. However, Raymond said, no state succeeded in passing that clause.

While 22 packaging-related bills were introduced in 2003, Raymond said that few of them made progress.

Raymond closed by saying that extended producer responsibility is favorable as a general concept, however, recycling managers cannot decide how to put the concept into practice at the state level.

Powell said that laws are narrowing their focuses and becoming more targeted in light of rising concerns about toxicity and landfill management issues.

In relation to scrap tires, eight states had bills of significance in 2003: 75 percent of which would change existing programs, while 25 percent would start new programs, he said. Many of these bills were in response to a crisis, Powell reported, adding that that is often the quickest way to get legislation passed.

Powell said he also finds that market development remains a hindrance to tire recycling.

Powell's figures on proposed electronics recycling legislation varied slightly from Raymond's. He said that 29 states introduced 53 bills pertaining to electronics.

"E-scrap did not resonate in many legislatures," Powell said. "Most did not get a hearing." However, he added that the number of bills introduced on the topic indicates that legislators do see electronics disposal as a problem.

"Virtually noting is happening at the federal level," Young said. He pointed out that 45 states are facing budget deficits, putting environmental programs in jeopardy. He said states must provide metrics on their environmental policies to prove their benefit.

California's current state of political turmoil at the gubernatorial level is also affecting legislation. "The recall is driving a lot of
policy stuff that normally would not be driven," Young said. Young said California's electronics waste bill SB20, which is
awaiting Gov. Grey Davis's signature, is still very much "unformed" and likely to create a lot of strife when it is first implemented. Any e-waste solution passed at the federal level will supplant the California bill, he added.

Young also discussed the increase in container deposits for beverage containers covered by California's bottle bill. Depending on the size of containers, consumers will pay $.04 to $.08 cents per container, as opposed to the 2.5 cents charged in the past. If the container-recycling rate is not at 75 percent by 2006, the rate will increase to $.05 to $.10 beginning in July 2007. The state will also make a $10 million market development grant and infrastructure loans available, Young said.

"Legislators follow people, they don't lead," Young added, stressing the importance of presenting clear, simplified messages to the public to spur recycling.

The NRC Congress & Exhibition was held in Baltimore Sept. 15-17. Thursday, September 18, 2003