HomeMy WebLinkAbout2008/10/21 Item 7
CITY COUNCIL
AGENDA STATEMENT
~ (!f:. CITY OF
~CHULA VISTA
10/21/2008, Item '+
ITEM TITLE:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VIST A ADOPTING THE PURCHASING
ENVIRONNIENTALLY PREFERABLE PRODUCTS POLICY
SUBMITTED BY:
DIRECTOR OF PUBLIC WOR,.1(SA~
DIRECTOR OF FiNANCE 'HtJi<.. \)
GOVERNNIENT RELATIONS LIAlSON 01i"V-"
INTERllvI CITY MANAGER 'S;-
4/STHS VOTE: YES 0 NO 0
REVIEWED BY:
SUMMARY
The City's Finance Department has an Environmentally Preferable Purchasing Policy
(EPP) designed to encourage departments to purchase, whenever practical,
environmentally preferable products. Adoption of the resolution makes this a Citywide
policy and incorporates Extended Producer Responsibility language into the policy.
ENVIRONlVIENT AL REVIEW
The Environmental Review Coordinator has reviewed the proposed activity for
compliance with the California Environmental Quality Act (CEQA) and has determined
that the activity is not a "Project" as defined under Section l5378(b)(2) of the State
CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA
Guidelines the activity is not subject to CEQA. Thus, no environmental review is
necessary.
RECOMMENDATION
Council adopt the resolution.
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
DISCUSSION
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10/21/2008, Item t
Page20f3
Toxic and disposable products have been developed and sold by companies with no input
from local governments on the design or the toxicity of the components. Yet local
government is burdened with the mandate to manage the disposal of the products once
the consumer no longer wants them. The current waste management system does not
encourage manufacturers to design durable, non-toxic products.
Reducing waste is the highest priority in the waste management hierarchy - reduce,
reuse and then recycle. Although jurisdictions across the state have been working hard on
diverting waste, Californians sent the same volume of trash to landfills in 2007 that we
sent in 1990 - more than 40 million tons. Waste diversion is a downstream action that
addresses end-of-product-life management. It does nothing to reduce the generation and
consumption side of the equation.
There is a better way - Extended Producer Responsibility (EPR) - also known as
Product Stewardship. EPR is a policy that holds producers liable for the costs of
responsibly managing their products at end-of-life; whoever designs, produces, sells or
uses a product takes responsibility for minimizing the product's environmental impact.
Producers, usually brand owners, have the greatest control over product design and
marketing and, therefore, have the greatest ability and responsibility to reduce toxicity
and waste.
In the last decade, there has been an explosion in the manufacture of products designed
for disposal. These products are very expensive, if not impossible, to recycle because
they contain hazardous metals and chemicals. Many have been banned from landfill
disposal due to their toxicity. However, the primary m.eans of managing them responsibly
is through local Household Hazardous Waste facilities, funded and managed by local
governments. Local Household Hazardous Waste costs are soaring as cities attempt to
respond to the increased volume of toxic products.
Producer responsibility is such a high priority that in 2007, the California Integrated
Waste Management Board adopted it as one of 12 strategic directives. It is a core value
of the Waste Board that producers assume the responsibility for the safe stewardship of
their materials in order to promote environmental sustainability. (A copy of Strategic
Directive #5 and The Overall Framework for an Extended Producer Responsibility
System in California as adopted by the California Integrated Waste Management Board
has been included as an attachment providing greater detail on this Directive.)
Local government has a critical role to play in helping to lead the transition to producer
responsibility and stemming the growth of the waste stream. As the move toward
Product Stewardship progresses, Federal and State legislation is being introduced that
merits action on the part of the City. The 2009 Legislative Program will be submitted to
Council for approval in November. The proposed program will include language to .
support measures that promote Extended Producer Responsibility / Product Stewardship.
In addition to lobbying support, staff is recommending that Council adopt a Citywide
Environmentally Preferable Purchasing Policy (EPP) to include EPR components /
practices. These include:
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I 0/21/2008, Item 7-
Page30f3
Leasing of selective products rather than purchasing them.
Requesting less toxic alternatives.
Requiring manufacturers of products. to "take back" their products
(fluorescent lamps, batteries, electronics, etc.) at the end of their useful
life, either directly or through a manufacturer/producer funded collection
and recycling program.
Currently, items are purchased at the lowest price without consideration
for disposal costs at the end of the products' useful life. Total Cost of
Ownership considerations need to be evaluated as part of the fit-for-use
analysis of a product and service. Total Cost of Ownership is a
summation of all purchase, operating and related costs for a product or
service. A product that may appear to be the lowest price initially may
actually be more expensive when disposal and other related costs are
added to the calculation. If fitness and quality are equal, environmentally
preferable products will be purchased whenever such products are
available at the same or lesser total cost than other products.
Chula Vista has long been recognized for its leadership and bold steps towards
environmental stewardship and conservation policies. The California Integrated Waste
Management Board is requiring jurisdictions to have an EPP as one of the qualifiers for
most of their grant funding. The adoption of an EPP Policy will assist City departments
in continuing to obtain the State grant funding used to facilitate some of those
envirorunental stewardship efforts.
DECISION MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is
not site specific and consequently the 500 foot mle found in California Code of
Regulations section 18704.2(a)(I) is not applicable to this decision.
FISCAL IMPACT
Adopting this resolution has no direct General Fund impact. The intent of any actions
governed by this resolution will be to reduce overall costs of goods and services to the
City through producer take-back programs, improved recyclability and overall product
design. The City's Finance Department has reviewed and approved the proposed
purchasing policy language.
A TTACIDIENTS
A. Draft Environmentally Preferable Purchasing Policy
B. California Integrated Waste Management Board Strategic Directive #5 - Producer
Responsibility and The Overall Framework for an Extended Producer Responsibility
System in California.
C. Finance Department Environmentally Preferable Purchasing Policy
Prepared by:
Lynn France. Environmental Services Program lvlanager, Public Works Department
7-3
A~cJnmef)+ A
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: PURCHA.SING ENVIRONMENTALLY POLICY
PREFERABLE PRODUCTS ~ER
EFFECTIVE
DATE
PAGE
10/21/2008 I of2
ADOPTED BY: Resolution No. 2008-
AMENDED BY: Resolution No. (date of resolution)
I DATED: 10/21/2008
PURPOSE:
The purpose of this policy is to encourage departments to actively seek out environmentally preferable
products for use in day-to-day operations when quality, performance, price, and functionality are
comparable to their non-environmentally preferable counterparts.
POLICY:
The City of Chula Vista shall promote the use of environmentally preferable products and Extended
Producer Responsibility through proactive buying practices.
Departments shall purchase and use environmentally preferable products whenever practicable.
Specifically, all departments shall purchase products manufactured with post-consumer recycled
material.
Departments. shall purchase recycled products instead of non-recycled products whenever recycled
products are available at the same or lesser total cost than non-recycled products and the fitness and
quality are equaL
Departments shall purchase products from venders that agree to collect and recycle their products when
they reach the end of their useful life, through producer operated or producer funded collection and
recycling programs, whenever practicable and at no additional cost to the City.
Departments may, with the approval of the Purchasing Agent, require procurement of environmentally
preferable products.
Departments shall require outside contractors and consultants to use environmentally preferable products
in the perrormance of their service, whenever practicable.
SCOPE:
This policy applies to all departments.
DEFINITIONS:
"Environmentally Preferable Products" means those products that are more energy efficient, less
toxic, less polluting, and which generate less waste overalL
7-4
COUNCIL POLICY
CITY OF ClillLA VISTA
SUBJECT: PURCHA.SING ENVIRONMENTALLY POLICY
PREFE~~LEPRODUCTS ~ER
EFFECTIVE
DATE
10/21/2008
PAGE
20f2
ADOPTED BY: Resolution No. 2008-
. I DATED: 10/21/2008
AMENDED BY: Resolution No. (date ofresolution)
"Environmentally Preferable Purchasing" means the procurement or acquisition of goods and services
that have a lesser or reduced effect on human health and the environment when compared with
competing goods or services that serve the same purpose. The comparison takes into consideration, to
the extent feasible, raw materials acquisition, production, manufacturing, packaging, distribution,
reuse, operation, maintenance, disposal, energy efficiency, product performance, durability, safety, the
needs of the purchaser, and cost.
"Extended Producer Responsibility" means the extension of the responsibility of producers, and all
entities involved in the product chain, to reduce the impacts of a product and its packaging.
"Total Cost of Ownership" means a summary of all purchase, operating, and related costs for a
product or serVice, including the acquisition, transportation, receiving, inspection, training,
maintenance, operating, energy use, and disposal costs.
PROCEDURE:
The Purchasing Department shall take the lead in including environmentally preterable product and
service specifications in bid documents and Citywide contracts, as appropriate.
Total cost of ownership shall be considered when purchasing environmentally preferable products.
With some exceptions, enviroiunentally preferable products shall only be purchased when cost-
effective.
A department wishing to require the use of an environmentally preterable product that may not be
otherwise cost-effective shall deliver to the Purchasing Agent a written memorandulIl describing the
compelling reasons for the use of environmentally preferable product. The Purchasing Agent shall
review the memorandum and decide if the environmentally preferable product will be required. The
decision of the Purchasing Agent shall be finaL
RESPONSIBLE PARTY:
Each department is responsible for purchasing environmentally preferred products, if practicable, and
monitoring the product performance:
REPORTS:
Departments shall provide the City Manager with reports regarding purchase of environmentally
preferable products in such form and at such times as the City Manager may direct.
7-5
.oducer Rcsponsiblity: CI\vlVlB Strategic Directive 5 (SD-5)
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Strategic Directives
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This page provides information on the CIWMB's Strategic Directive 5 (SD-5). Each of the five
subdirectives links to further explanation including baseline measurement, metrics or performance
criteria, annual targets, and key activities.
Directive
It is a core value of the CIWMB that producers assume the responsibility for the safe stewardship of
their materials in order to promote environmental sustainabill~.
Specifically, the CIWMB will:
1. Utnize existina Board authority..to foster "cradle-te-cradle" oroducer resoonsibilitv.
2. Seek statutor.i authority to foster "cradle-to-cradle" oroducer responsibilitv.
3, Analyze the feasibilitl of various aooroaches to increasinq Qroducer responsibilitv. includinq
durinq the oreduct desiqn and oackaainq ohases, and make recommendations to the CIWMB
Boarcl..Qy December ?007, and annuallv thereafter.
4, Build caoacity and knowledqe in CIWMB on extended producer resoonsibilit/lEPR) issues and
solutions.
5. Develop and maintain relationshios with stakeholders that result in oroducer-financed and
producer-manaced svstems for product discards,
5.1--Utilize existing Board authority to foster "cradle-to-cradle" producer
responsibility.
This subdirective recognizes those tasks and initiatives related to EPR that the CIWMB could bot"
continue and initiate in the immediate and near term utiiizing existing Board authority.'The Board has
been involved in severai initiatives related to EPR over the years, including rigid plastic packaging
containers (RPPC), a-waste, and paint
Baseline
The baseline is existing legislative provisions (i.e. minimum content programs and a-waste)
related to producer responsibility.
Metrics or Performance Criteria
The Board will track the number of regulatory and voluntary programs that have been
implemented and/or modified to foster EPR.
Annual Targets
in the near term, the Board will revise and promulgate RPPC regulations and take initiatives to
enhance enforcement based on regulatory changes. In addition, staff will be providing the
Board with a broader set of EPR policy recommendations at the September Board meeting.
Other targets, short- and long-term, will be determined based on those recommendations the
Board accepts at that meeting.
Key Activities
Review existing federal and state statutes and regulations relative to EPR programs; amend
regulations to foster additional EPR.
5.2--Seek statutory authority to foster "cradle-to-cradle" producer responsibility
This subdirective proposes to seek new statutory authority in order to foster the "cradle-to-cradle"
concept. This will allow the Board to create new regulatory programs reiated to EPR.
Baseline
The baseline Is existing regulatory programs and statutory authority oithe Board,
Metrics or Performance Criteria
The number of approved legi~~i6e amendments that support EPR will serve as a metric.
".^/,.,,~ ,-.(,r,G
Jduccr Responsiblity: CIWMB Strategic Directive S (SD-S)
Page 2 of3
Annual Targets
Annual targets include introducing legislation that supports EPR directives.
Key Activities
Consultation between Legislative and External Affairs Office and Statewide Technical and
Analytical Resources (STAR) Division to determine proposed legislative language regarding an
overall producer responsibility framework.
STAR Division staff to evaluate priority products or product categories to be targeted.
5.3--Analyze the feasibility of various approaches to increasing producer
responsibility, including during the product design and packaging phases, and
make recommendations to the CIWM8 board by December 2007, and annually
thereafter.
This subdirective proposes that staff analyze the feasibility of various approaches to increasing EPR.
This analysis will include approaches focused on product design, packaging and existing frameworks
being used in other jurisdictions. At the conclusion of the analysis. recommendations will be made to
the Board, suggesting a particular approach to be pursued in California.
Baseline
Currently, no existing analysis of this kind exists within the Board.
Metrics or Performance Criteria
A report will be presented to the Board detailing the results of the analysis, listing potential
options, and suggesting staff's recommendations.
Annual Targets
Complete analysis of EPR framework and product selection process and bring agenda item to
the Board in September 2007. Analysis regarding EPR approaches for specific product
categories wlil be completed by December 2007 or earlier. Complete preparation of
supplemental Budget Report.
Key Activities
Key activities associated with this subdirective inciude reviewing existing approaches and
frameworks being used by other jurisdictions regarding EPR and evaluating their success and
feasibility for implementation in California.
Literature searches will be conducted to determine what, if any, research has been done on the
subject and how that research can be used to construct the most appropriate ERP framework
possible. Other activities would include meeting with stakeholders and interagency workgroups.
5.4..Build capacity and knowledge in CIWMB on extended producer responsibility
(EPR) issues and solutions
This subdirective proposes that Board staff actively build knowiedge of EPR at the CIWMB. This
indudes building an internal knowledge-base within L~e Board as weil as maimaining a web-based
resource informing the public about the availability of that information.
Baseline
The baseline wlll be constructed based on the implementation of existing systems within the
board such as the e-waste program.
Metrics or Performance Criteria
Th.e number of staff within the Board who has expertise in L'1is subject matter will serve as a
metric for this subdirective.
Annual Targets
Targets for this subdirective include Board leadership in EPR-related
discussions/forums/conferences as well as maintaining training of Board staff to ensure
knowledge and expertise among staff.
Key Activities
Tne activities asso<?iated with this subdirective are associated with attending confe'rences,
workshops, educational seminars as well as creating an educational and training pfan to cover
EPR-related activities. This educational and training plan will also be advertised and
information maintained on a web-based system.
7-7
"',... 1,-, ~ /,-,,.-.,/,n
roducer Responsiblity: CIWMB Strategic Directive 5 (SD-5)
Page 3 of3
5.5--Develop and maintain relationships with stakeholders that result in producer-
financed and producer-managed systems for product discards.
This subdirective is focused on creating and maintaining relationships with stakeholders (private,
local, state, federal) interested in producer-financed and producer-managed solutions for product
discards.
Baseline
The baseline consists of existing stakeholder relationships.
Metrics or Performance Criteria
The number of industry-wide contacts/relationships' among private sector as well as public
sector companies/organizatlons/agencies will selVe as a metric for this subdirective,
Annual Targets
Develop and maintain EPR list of stakeholders, participate in EPR organizations and
conferences, and engage in EPR ne.9otiations and agreements.
Key Activities
Activities associated with this subdirective include:
,,)> Creating a list of stakeholders interested in EPR by pro'duct type and make this list
available online.
.',> Participation in organizations involved in EPR including Product Stewardship Institute,
California Product Ste\vardship Council, and the North American Hazardous Materials
Management .A.ssociation.
.", Engaging in and providing forums and discussions with stakeholders regarding various
EPR topics. .
.)', Participation in negotiations with organizations and industry to reach producer
responsibility solutions.
50-4 I ;;>trateglc Directives Home Paae 1 50-6
Last updated: July 10, 2008
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About the CIWMB htto:J/www.ciwmb.ca.qovi8oardlnfo/
Office of Public Affairs: ooa@ciwmb.ca.Qov (916) 341-6300
Cond!tions of Use I Privacv PoHc{
C91995 2008 California Integrated Waste Management Board. All rights reserved.
7-8
('Hji'l.c:nnilx
Board Meeting
January 23, 2008
Agenda Item 12
Attachment 1 (Final)
Attachment 1: Overall Framework for an Extended
Producer Responsibility System in California
This document contains staffs recommendations for an Overall Framework for an
Extended Producer Responsibility (EPR) System in California. If adopted by the
California Integrated Waste ~ranagement Board (CIWMB or Board), staff envisions that
t'1is document, in addition to the Board's Strategic Directive 5: Producer Responsibility
(http://www.ciwmb.ca.gov/agendas/mtgdocs/2007/02/00021620.doc) will guide further
discussion and development of product stewardship programs in California.
To achieve Strategic Directive 5, Producer Responsibility, the Cf'vVMB staff developed
the proposed Extended Producer Responsibility (EPR) Framework Approach described in
this document. This EPR Framework Approach would provide a comprehensive, yet
flexible method for managing products l1-J.at have significant im.pacts on the environment
and serve as an alternative to the current piecemeal approach with many different laws
and methods.
The EPR Framework is intended to guide proposals to seek statutory changes that would
provide the Board with the authority to develop and carry out state government roles and
responsibilities. 1fJs should include providing the Board with authority to establish
overall program requirements and procedures, including but not limited to: 1)
establishing agency-wide product selection procedures a,nd selecting product categories;
2) requiring producers of selected categories to work with retailers, haulers, local
jurisdictions, and other stakeholders, as appropriate, to develop and implement Board-
approved plans to address the targeted products; 3) specifying what provisions must be
addressed in each plan (e.g., goals, fee or cost structure options, administration, reporting,
etc.), while allowing flexibility in how provisions are implemented; and 4) specifYing
enforcement mechanisms such as penaltj procedures and provisions for non-compliance.
The approval'of a product stewardship plan would not preclude the implementation or.
expansion of existing programs, nor would it preclude consideration of other approaches
to end-of-life product management (such as for e-waste).
The use of product-specific stewardship plans would be a key component to provide
producers, retailers, haulers, recyclers, and other entities in the product chain wit.1. the
flexibility to customize programs for specific products. Whileeach plan would address
certain topics, how each topic would be implemented would be unique and customized
for the product. Producers would also have the option of creating individual plans or
participating in group or other plans. .
Key Elements of an EPR Framework Approach
Staff found that EPR Framework approaches have common key elements and, based on
the analysis and stakeholder input, staff proposes these key elements:
7-9
Board Meeting
January 23, 2008
1. Policy Goals
2. Guiding Principles
Agenda Item 12
Attaclunent I (Final)
S. Governance
3. Definitions
6. Products/Product Categories Covered
7. Program Effectiveness and Measurement
4. Roles and Responsibilities
Tne sections that follow furt.her describe staff recommendations for an EPR Framework
Policy Goals, Guiding Principles, Defmitions, Roles and Responsibilities, and
Governance (ClWMB Authority). The remaining elements would be further explored
and addressed in legislation or in the development of regulations.
1. Policy Goals
The goals of the EPR Framework, and any product stewardship programs that would be
implemented under it, are to:
Address all materials in the waste stream, either in terms of volumetric or toxic
impacts in landfills, where practical, with consideration of life-cycle impacts.
Provide measurable net environmental benefits through product design innovation;
improved environmental performance throughout a product's lifecycle, that
includes reduced solid waste, toxic components, energy and water consumption,
and reduced greenhouse gas and air emissions; the highest and best use of products
and materials in a cradle-to-cradle system; and avoidance of transferring EOL
management problems to' other states and countries.
Advance green product design and the waste management hierarchy of source
reduction and reuse, as well ~s proper collection and recycling where needed.
Design product stewardship programs to maximize convenience to consumers and
economic efficiency and market-based competition to stimulate innovation and
reduce costs.
Reduce the burden on taxpayers ik'1d ratepayers by transferring waste-related costs
to producers and consumers of products.
2. Product Stewardship Guiding Principles
Producer Responsibility
All producers selling selected products into the state would be required to develop
and/or participate in an approved product stewardship plan. Each plan would have.
certain provisions that must be addressed (e.g., goals, fee or cost structures,
administration, and reporting, along with environmental provisions such as source
reduction and product design, collection, transportation and environmentally
2
7-10
Board Meeting
January 23, 2008
Agenda Item 12
Attachment 1 (Final)
.
sustainable reuselrecycling, etc.), while allowing flexibilit'j in how provisions are
implemented. _
Responsibility to physically and financially manage product end-of~life impacts
shifts from general ratepayer and local government to producer and consumer.
Responsibility is not shifted to other levels of government without consent or
negotiated agreement with the affecred governmental entity.
All producers for a particular product category are subject to the same stewardship
responsibilities, wbch encourage environmental performa11ce by individual
producers.
Environmental Protection Strategies
Environmental protection strategies and resource allocation shift to an emphasis on
increased prevention, source reduction, green product design, and reuse; with
increased collection and recycling, and purchase of environmentally preferable
products, when feasible.
Environmental protection strategies strive to harmonize policies and programs by
various levels of government while acknowledging and preserving the unique
authorities and responsibilities of each to address environmental concerns.
New EPR programs should not dismantle existing programs that the Board
determines effective.
Strategies are designed to give government the flexibility to implement program
improvements through administrative and regulatory processes.
CIWMB will collaborate with agencies, internal and external, and other key
stakeholders to effectively address cross-media and cross-organizational issues
when considering the selection of product categories and when considering
approval of product stewardship plans.
System Coverage
All consumers have reasonable access to convenient product collection locations.
Results-Based Programs
. Programs focus on results and provide producers wiLl], flexibility to determine the
most cost-effective means of achieving the desired outcomes with minimum
government involvement. This includes allowing individual producer
responsibility, along with other options.
Product categories are clearly defined to simplify compliance and enforcement and
ensure common understanding among program participants.
Programs are tailored for individual products and encourage continued innoyation
by producers to minimize enviromnental impacts during all stages of the product
life cycle, from product design to end-of-life management.
Producers are accountable to both government and consumers for environmental
outcomes and allocation of revenue from feesllevies.
. Program development process is open and provides the opportuniry for input from
all stakeholders.
3
7-11
Board Meeting
January 23, 2008
Agenda Item 12
Attachment 1 (Final)
3. Definition of Key Terms
a) Extended Producer Responsibility In the Background Paper Producer
Responsibility: Overview of Policy Considerations from the June S, 2007 Strategic
Policy Committee Meeting Workshop, staff presented various definitions of Extended
Producer Responsibility, along with similar terms being used internationally, I Staff
recommends the following definition:
Extended Producer Responsibility (EPR) is the extension of the responsibility
of producers, and all entities involved in the product chain, to reduce the
cradle-to-cradle impacts of a product and its packaging; the primary
responsibility lies with the producer, or brand owner, who makes design and
marketing decisions.
This definition is similar to the definition used by the Product Stewardship Institute in
recognizing a shared responsibility, but one that lies primarily with the producer. The
reference to the product chain includes but is not limited to producers (see definition
b) Producer), retailers, haulers, consumers, recyclers, and local governments. EPR
focuses on enhancing environmental benefits through improved product design for
reduction and reuse, and increased collection and recycling ','Ihere needed, without
transferring end-of-life management problems elsewhere.
b) Producer This term is fundamental to any discussion on EPR, yet it is challenging to
define for all products. In order to have a common understanding' of the term, staff
offers the working definition below with recognition that a more refined definition
would be needed for a product stewardship program t.'1at is focused on a particular
'product or product category. Product-specific definitions of the term producer need
to be legally binding if all producers are to be held to the same ground rules,
Producer means
i. a person who manufacturers a product and sells, offers for 'sale or
distribntes the product in California under the manufacture's own brand
ii. if subparagraph (i) does uot apply, a persoll who is not the manufacturer
of the product but is the owner or licensee of a trade mark under which a
product is sold or distributed in California, whether or not the trademark
is registered, or
iii. if subparagraphs (i) and (Ii) do not apply, a person who imports the
product into California' for sale or distribntion.
c) Cradle-to-Cradle Impacts The term "cradle-to-cradle impacts" is referred to in the
definition of "Extended Producer Responsibility" and staff believes it is beneficial to
make it clear that EPR goes beyond advancing recycled content, t~e Board's
traditional focus, but one that can lead to non-optimal environmental decisions. EPR
I California Integrated Waste Management Board, Producer Responsibility: OverviewafPolicy
Considerations, Background Paper. Prepared for the Strategic Policy Committee, June 5 2007, Pages 12-'
15. Available at: w\vw.ciwmb.cu.gov!agendas/l1ltgdocs/2007i06/00022\ 04.doc
4
7-12
Board Meeting
January 23, 2008
Agenda Item 12
Attachment 1 (Final)
is a comprehensive, rat.~er than single-attribute approach, and consequently is more
likely to result in the best environmental solution.
Cradle-to-cradle Impacts include energy, water, and materials use;
greenhouse gas and other air emissions; toxic and hazardous substances;
materials recovery and waste disposal; and worker safety.
d) Product Stewardship Program This is a term l.'Jat is used by provinces in Canada
and Board staff believes using the same tenn in California would be helpful to be
consistent in our communications, particularly for thos'e stakeholders operating
throughout North America.
Product Stewardship Program is a program that encompasses product
design for source reduction and reuse, as well as the collection,
transportation, recycling, and disposal of unwanted products, including
legacy products and the program's fair share of orphan products, which is
financed as well as managed or provided by the producers of those products.
e) Stewardship Organization Several terms are used to describe au entity that works
on behalf of the producer to implement its responsibilities such as Third Party
Organization (TPO), Producer Responsibility Organization (PRO), and Stewardship
Organization (SO). Staff recommends using the rerm and definition below.
Stewardship Organization is an entity appointed by a producer to act as an
agent on behaif of the producer to administer a product stewardship
program.
4. Roles and Responsibilities.
Each stakeholder benefiting from a selected product shares in the responsibility of
developing and implementing an effective product stewardship program. Staff
recommends that the following general description of roles and responsibilities for
producers, retailers, consumers, state government, local government, haulers', recyclers,
and advisory workgroups be used to help lay a solid foundation for an effective product
management and stewardship system. The roles and responsibilities would be
modified, as appropriate, when developing any ensuing product stewardship
program. While there is a description in this for general responsibilities for California
State government, Section 5 below delineates specific governance authority that would be
needed for CIWMB to develop and implement an overall product stewardship program.
For each stakeholder group, staff identifies these types of responsibilities, where
applicable.
Product stewardship system effectiveness (oversight and continual improvement)
Information needs/requirements
Physical management of products and component materials (cradle-to-cradle)
Financial management of end-of-life responsibilities
5
7-13
Board Meeting
Januarj 23, 2008
Agenda Item 12
Attachment 1 (Final)
A. Producers' Responsibility: System Effectiveness, Informational,
Physical, Financial
Whether established legislatively or voluntarily, an EPR approach to a specific product or
product category places primary responsibility on the producers of that product to design
and implement a program to achieve specified goals. Producers may use stewardship
organizations (see Definitions of Key Terms above) to administer recovery and recycling
programs for specified materials. 111e membership of a stewardship organization can be
entirely cornplised of industry representatives, including manufacturers, distributors and
retailers. Other stewardship organizations are multi-stakeholder organizations that
include government representatives. Stewardship organization responsibilities usually
include registering members, collecting fees from members,"managing a program fund,
monitoring compliance, and reporting on results. In cases where producers create and
elect to participate in stewardship organizations, the ultimate responsibility is retained by
the individual producers while the functions may be performed by stewardship
organizations. Additional details about individual versus collective producer
responsibility would need to be addressed in product-specific product stewardship plans,
as needed, due to variations in product design, market structure, and potential
public/environmental benefit.
System Effectiveness: Develop or use an approved stewardship plan for selected
products. Each plan would have certain provisions that must be addressed including, but
not limited to, goals, fee or cost structures, administration, and reporting, but there would
be flexibility in how provisions are in1plemented Plans would also address product
design, source reduction, collection, transportation, and,reuselrecycling of covered
products considering lifecycle impacts and utilizing market incentives, as feasible.
Informational: Provide effectiveness repOlis including performance and cost data to
State government for covered products (e.g., t.l-tose products which may require
registration). Provide audited fi.nancial records for EOL management, when required, to
justify cost recoverj by stewardship organizations and maintain transparency and
accountability to stakeholders.
Develop and distribute educational material to consumers, retailers, local government,
haulers, and recyclers on the safe use and storage of products, safe storage and handling
of the residuals and containers, and the location of collection facilities.
Clearly communicate information about proper EOL management for haulers, collectors,
recyclers, local government, etc. Typically this is accomplished through Material Safety
Data Sheets, product labels, and websites that explairi hazardous materials contained in
the product and requirements for safe EOL management and recovery of the product.
Participate in good faith with governmental organizations and multi-stakeholder groups
to continually improve product stewardship program.
Physical: Design products to reduce lifecycle environmental impacts. Support ,
environmentally preferable products and services through supply chain management
decisions.
6
7-14
Board Meeting
January 23, 2008
Agenda Item 12
Attachment I (Finai)
Ensure the collection and management of material from tile consumer through a nei:'Nork
of conveniently located collection sites. May choose to assign and oversee this
responsibility through contracting directly with collectors, transporters, processors,or
through participation in a stewardship organization. Ail occupational health and safety
and environmental standards must be met in either case.
Financial: Responsible for ensuring financial viability ofEOL collection and
management whether contracting directly with a public or private entity, or through
participation in a stewardship organization.
B. Retailers' Responsibility: Informational, Physical
Informational: Required to provide information from producers (or stewardship
organizations on producers' behalf) to customers on how to access services.
Physical: Retailers only seil products that are covered (e.g., registered) in product
stewardship programs where they exist.
Involvement in an EOL collection system is voluntary and may be compensated, as
negotiated beween producers and retailers.
Physical or System Effectiveness: Responsible for participating in workgroups to
explore system effectiveness and negotiating in good faith with producers and other
stakeholders to assume a share ofresponsibility.
C. Consumers' Responsibility: Physical, Financial
Physical: Responsible for following directions provided by producers including
stewardship organizations, retailers, local government, and EOL service providers.
Utilize provided coilection services and do not dispose of products through illegal or non-
preferred means.
Financial: Pay the costs of proper EOL management.
D. General California State government responsibility: System
effectiveness, informational, financial
Several state government entities have responsibilities with respect to the state
government role in developing a level playing field and providing oversight. These
include the Legislature, CaI/EPA, CIWMB, and other relevant state level authorities.
System effectiveness: Establish statutorf requirements and regulations that provide the
authority to mandate individual financial and/or physical take-back of designated
products; ban designated hazardous materials from use in products and/or landfill
disposal; set mininlUm reuse, recycling and recovery rates; establish minimum
environmental standards (e.g., source reduction, collection, processing, and recycling,
reuse/export).
7
7-15
Board Meeting
Januarf 23,2008
Agenda Item 12
Attaclli-nent 1 (Final)
Devise a state government coordination process to .discuss and decide on environmental
cross-media issues.
Review and approve stewardship plans submitted by producers or by stewardship
organizations on behalf of producers.
The Board may'consider a means foi: individual manufacturers to be exempt from the
EPR requirements for certain (or select) products that conform to special environmental
criteria, where it can be demonstrated that conferring the exemption would result in
compliance with all EPR goals. General procedures and criteria for making exemption
determinations would be developed as part of the regulation process foHowing enactment
of statute. Whether an individual manufacturer's product would be exempt would be
considered as part of the process to select product categories and as part of the Board's
evaluation of a proposed product stewardship pian.
Implement EPR using guiding principles set forth in the Framework, including
procurement specifications that encourage green product design.
Participate in multi-stakeholder collaborative efforts to provide net environmental
benefits, including efforts to establish product performance standards.
Create a level playing field by ensuring that all producers comply with the established
requirements and that targets are being met. Provide timely enforcement, which may
apply to producers and other stakeholders, as defined in regulations that would be
developed following enactment of statute.
Consider the appropriat~ness for a neutral tpjrd-party organization to administer many of
these responsibilities. Responsibility ultimately lies with government to assure
environmental protection goals are bein.g met.
State procurement officials must only purchase products that are covered (e.g., registered)
in product srewardship programs, where they exist and State government should define
environmentally preferable purchasing, in part, by the extent to which producers consider
and incorporate management of toxics, packaging, and other EOL issues in their product
design, production, and customer relationships.
Informational: Make product stewardship plans available to the public and assist in
information dissemination. Ensure public access to performance information and
evaluations.
Financial: Seek reimbursement for oversight and enforcement services, perhaps through
product registration fees. Penalties should be considered, if producers or other
stakeholders fail to meet the established requirements, or conversely, financial incentives
may be offered for meeting or exceeding program requirements.
E. Local. government responsibility: System effectiveness
System effectiveness: Local government procurement officials must only purchase
products that are covered (e.g., registered) in product stewardship programs, where they
exist. Local governments may choose to participate in informational, physical, and
8
7-16
Board Meeting
January 23, 2008
Agenda Item 12
Attachment I (Final)
frnanciai roles at their discretion according to the needs of their community and may
require/negotiate compensation by producers or stewardship organizations.
Informational:.Make product stewardship plans available to the public and assist in
information dissemination. Ensure public access to performance information and
evaluations.
Physical or System Effectiveness: Responsible for exploring system effectiveness, as
feasible, with producers and other stakeholders. Resulting.collection systems may
include use of curbside or other services as negotiated between the local governments and
the producers.
Financial: Receive compensation for services.
F. Haulers' and collectors' responsibility: Physical, Financial, Informational
Physical or System Effectiveness: Meet standards or use best management practices for
handling products and materials. Responsible for exploring system effectiveness, as
feasible, with producers and other stakeholders. Resulting collection systems may include
use of curbside or other services as negotiated between the haulers or collectors and the
producers. ~ .
Financial: Receive compensation for services.
Information: Provide information to producers that can be used to design or label
products to enhance recovery,
G. Recyclers', dismantlers', processors' responsibility: Physical, Financial,
Informational
Physical or System Effectiveness: Meet standards or use best management practices for
handling products and materials. Responsible for exploring system effectiveness, as
feasible, with producers and other stakeholders.
Financial: Receive compensation for services.
Information: Provide information to producers that elm be used to design or label
products to enhance recovery.
H. Advisory Committees' and Working Groups' Responsibility: System
effectiveness, Infor'mational
This category applies to advisory committees, scientific peer review panels, technical
coordination or problem-solving groups, inter-agency management coordination and
working groups. These groups may be set up with or without government participation.
Producers are encouraged to form groups with other stakeholders to identify and develop
efficient systems for managing products and materials and reducing environmental
impacts.
9
7-17
Board Meeting
January 23, 2008
Agenda Item 12
Attachment I (Final)
System Effectiveness: Participate in the developed of regulations and the design of
measurement metrics to help ensure transparency and accountability.
Informational: Advise State government on product or process-specific issues related to
producer responsibility. Areas for contributions by technical working groups may
include, but are not limited to: product. selection process and criteria; development of
product performance standards and facility operation standards; options to finance EOL
management of orphan and historic waste, compliance to ensure a level playing field
among producers, including importers; coordination with existing environmental
programs.
5. Governance
. Staff recommends that the Board pursue statutory authority to develop and implement an
overall product stewardship program through a public process. This authority should
include, but is not necessarily lin1ited to, the following: .
1. Establish overall Extended Producer Responsibility regulations;
2. Subsequently determine initial products or product categories to be included;
3. Allow for the addition of new product categories in the fJture;
4. Allow for the creation and implementation of exemption criteria (determined by the
Board) by which a producer may apply to have its product or products exempted from
the EPR program.
S. Establish targets, measurement, and reporting requirements;
6. Require coverage of new, historic, and orphan products;
7. Allow independent and collective manufacturer programs;
8. Establish plan submission and reporting requirements;
9. Establish and collect penalties for non-compliance;
10. Establish transparency and accountability mechanisms;
ll. Require use where appropriate of front-end financing mechanisms (e.g., point-of-
manufacture or point-of-sale) as opposed to end-of-life fees;
12. Require coverage throughout the state, both urban and rural, at a level necessary to
meet performance standards;
13. Require use of performance standards (may cover product performance, EOL
management systems, and recyclinglrecovery facilities);
14. Require adherence to the State's solid waste hierarchy or other mechanism to ensure
products are managed for highest use or proper disposal if hazardous and not
recyclable;
15. Require best management practices for handling and various types of collection
systems;
16. Require mechanismsli..'1centives to drive product design for environmental
improvement (e.g., toxics reduction, greenhouse gas reduction); and
17. Require marketing, outreach, training andlor education'of stakeholders, including
outreach to consumers.
10
7-18
Board Meeting
january 23, 2008
Agenda Item 12
Attachment 1 (Final)
Provisions in the product stewardship plan may include, but would not be limited to,
items 4-17 listed above. Legislation and regulations would further define the provisions
covered in a plan, but not how each provision is to be implemented, as that would be
defined in the product stewardship plan. There would be considerable flexibility
allowing plans to be customized for individual producers and product categories.
6. Products/Product Categories Covered
While criteria used to select products/product categories would be determined within the
regulatory process following enacttnent of statute, there are some general concepts that
should be addressed in that process. The list below includes factors that would likely be
addressed during this process, although it is not meant to be exhaustive or prescriptive,
nor is it presented in order of importance:
1. Total volume being disposed in landfills
2. Level of toxicity or hazard to human or environmental health
3. Total Iifecycle net environmental impact
4. Potential for net lifecyc1e impact improvement
5. Level ofmarketlinfrastructure currently in place
6. Effectiveness of programs currently in place, if any
7. Current impacts to local governments/general ratepayers
8. Usage trends (increasing, decreasing, steady)
9. Difficulty to manage
iO. Existing problem with illegal dumping
II
7-19
~V?-
~
'"..i...."-. ,. ""~ .,0". '.
' .,'
~~~~
I Attachment C
Finance Department
Policies and Procedures
em OF
(HUlA VISTA
AUTHORITY:
Finance
NEW POLICY:
SUBJECT:
Environmentally
Preferable Products
REVISED POLICY:
SUPERSEDES:
POLICY #:
EFFECTIVE DATE:
July 1, 2006
Page 1 of 2
PURPOSE
This policy is enacted to encourage departments to purchase, whenever practical,
environmentally preferable products to meet their needs.
POLICY
Departments are encouraged to actively seek out environmentally preferable products
for use in day-to-day operations when quality, performance, price, and functionality are
comparable to their non-environmentally preferable counterparts.
SCOPE
. All departments shall use environmentally preferable products whenever
practical. Special emphasis shall be placed on the purchase of products
manufactured with post-consumer recycled material.
. If fitness and quality are equal, each department shall purchase recycled
products instead of non-recycled products whenever recycled products are
available at the same or lesser total cost than n'on-recycled products.
. Departments may, at their option and with Purchasing Agent concurrence,
require procurement of designated environmentally preferable products.
However, there shall be a compelling reason for use of designated
environmentally preferable products that may not be otherwise cost-effective.
a Outside contractors and consultants shall use environmentally preferable
products in performance of their duties related to City business whenever
practical.
a The City of Chula Vista shall promote the use of environmentally preferable
products through proactive buying practices and reference in bid specifications.
DEFINITIONS
Environmentally Preferable Products - "Products that are more energy efficient, less
toxic, less polluting, and which generate less waste overall."
Total Cost of Ownership (TCO) - "A summation of all purchase, operating, and related
costs for a product or service. TCO includes: acquisition, transportation, receiving,
inspection, training, maintenance, operating, energy use, and disposal costs."
-, _"n
PROCEDURE
Total cost of ownership shall be considered when purchasing environmentally
preferable products. With some exceptions, environmentally preferable products shall
only be purchased when cost-effective.
Evaluation of product is an acceptable practice.
RESPONSIBLE PARTY
Each department is individually responsible for monitoring and ultimately requesting
environmentally preferred progucts.
The Purchasing Division will take the lead in including environmentally preferable
product specifications in bid documents and citywide contracts, as appropriate.
REPORTS
All departments shall provide the City Manager with reports regarding purchase of
environmentally preferable products in such form and at such intervals as the City
Manager may direct.
~ '"
RESOLUTION NO. 2008-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADOPTING THE PURCHASING
ENVIROi\i~rENTALL Y PREFERABLE PRODUCTS POLICY
WHEREAS, approximately 205,000 tons of discarded materials and products are currently
sent to disposal from the City of Chula Vista and over 40 million tons of waste are disposed of
statewide on an annual basis; and
WHEREAS, on February 8, 2006, California's Universal Waste Rule, found in Title 22,
Division 4.5, Chapter 23 of the California Code of Regulations, became effective which bans the
landfill disposal of certain products that are deemed hazardous, including household batteries,
fluorescent bulbs and tubes, therrnostats and other items that contain mercury, as well as electronic
devices such as video cassette recorders, microwave ovens, cellular phones, cordless phones,
printers, and radios; and
WHEREAS, staff anticipates that the list of products to be banned from landfills will
continue to grow because treated wood was banned in January 2007 and sharps have been banned
effective September 2008; and
WHEREAS, Extended Producer Responsibility is a policy that extends the responsibility of
producers, and all entities involved in the product chain, to reduce the impacts of a product and its
packaging; and
WHEREAS, Environmentally Preferable Purchasing means the procurement or acquisition
of goods and services that have lesser or reduced effect on human health and the environment when
compared with competing goods and services that serve the same purpose; and
WHEREAS, Environmentally Preferable Purchasing comparisons take into consideration,
to the extent' feasible, raw materials acquisition, production, manufacturing, packaging,
distribution, reuse, operation, maintenance, disposal, energy efficiency, product perforrnance,
durability, safety, the needs of the purchaser, and cost; and
WHEREAS, the California Integrated Waste Management Board requires cities to adopt
Environmentally Preferable Product Purchasing policies as a component of its grant terrns and
conditions.
J:\AltomeyIRESQ\PQUCYIEoviromnenlully Prefe,..."ble Purchasin!l: Pol;cy_tO.2\.08.doc
7-22
Resolution No. 2008-
Page 2
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista
that it adopts the attached Purchasing Environmentally Preferable Products Policy.
Presented by
Approved as to form by
~L~ (L.~l~d~
Bart Miesfeld .
Interim City Attorney
Jack Griffin
Director of Public Works
Presented by
Maria Kachadoorian
Director of Finance
J:'.ArtorneylRESOIPOLlCY'Environmental1y Preferable P..m:hasing Policy _10-21-08.doc
7-23
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: PURCRA.SING Ei'iVIRONlVIENTALL Y POLICY
PREFERABLE PRODUCTS ~~ER
EFFECTIVE
DATE
PAGE
10/21/2008 lof2
ADOPTED BY: Resolution No. 2008-
I DATED: 10/21/2008
AMENDED BY: Resolution No. (date ofresolution)
PURPOSE:
The purpose of this policy is to encourage departments to actively seek out environmentally preferable
products for use in day-to-day operations when quality, performance, price, and functionality are
comparable to their non-environmentally preferable counterparts.
POLICY:
The City of Chula Vista shall promote the use of environmentally preferable products and Extended
Producer Responsibility through proactive buying practices.
Departments shall purchase and use environmentally preferable products whenever practicable.
Specifically, all departments shall purchase products manufactured with post-consumer recycled
material.
Departments shall purchase recycled products instead of non-recycled products whenever recycled
products are available at the same or lesser total cost than non-recycled products and the fitness and
quality are equal.
Departments shall purchase products from venders that agree to collect and recycle their products when
they reach the end of their useful life, through producer operated or producer funded collection and
recycling programs, whenever practicable and at no additional cost to the City.
Departments may, with the approval of the Purchasing Agent, require procurement of environmentally
preferable products.
Departments shall require outside contractors and consultants to use environmentally preferable products
in the performance of their service, whenever practicable.
SCOPE:
This policy applies to all departments.
DEFINITIONS:
"Environmentally Preferable Products" means those products that are more energy efficient, less
toxic, less polluting, and which generate less waste overall.
7-24
COUNCIL POLICY
CITY OF CffiJLA VISTA
SUBJECT: PURCH.A.SING ENVIRON'MENTALL Y POLICY
PREFERA.BLEPRODUCTS ~ER
EFFECTIVE
DATE
10/21/2008
PAGE
20f2
ADOPTED BY: Resolution No. 2008-
I DATED: 10/21/2008
AMENDED BY: Resolution No. (date ofresolution)
"Environmentally Preferable Purchasing" means the procurement or acquisition of goods and services
that have a lesser or reduced effect on human health and the environment when compared with
competing goods or services that serve the same purpose. The comparison takes into consideration, to
the extent feasible, raw materials acquisition, production, manufacturing, packaging, distribution,
reuse, operation, maintenance, disposal, energy efficiency, product performance, durability, safety, the
needs of the purchaser, and cost.
"Extended Producer Responsibility" means the extension of the responsibility of producers, and all
entities involved in the product chain, to reduce the impacts of a product and its packaging.
"Total Cost of Ownership" means a summary of all purchase, operating, and related costs for a
product or servIce, including the acquisition, transportation, receiving, inspection, training,
maintenance, operating, energy use, and disposal costs.
PROCEDURE:
The Purchasing Department shall take the lead in including environmentally preferable product and
service specifications in bid documents and Citywide contracts, as appropriate.
Total cost of oVillership shall be considered when purchasing environmentally preferable products.
With some exceptions, environmentally preferable products shall only be purchased when cost-
effective.
A department" wishing to require the use of an environmentally preferable product that may not be
otherwise cost-effective shall deliver to the Purchasing Agent a ViTitten memorandum describing the
compelling reasons for the use of envirolLrnentally preferable product. The Purchasing Agent shall
review the memorandum and decide if the environmentally preferable product wi!! be required. The
decision of the Purchasing Agent shall be final.
RESPONSIBLE PARTY:
Each department is responsible for purchasing environmentally preferred products, if practicable, and
monitoring the product performance.
REPORTS:
Departments shall provide the City Manager with reports regarding purchase of environmentally
preferable products in such form and at such times as the City Manager may direct.
7-25